Decision No. 441/2002/QĐ-BTM Issuing Regulations on the Use of Market Management Traffic Control Flags to Stop Vehicles Carrying Smuggled Goods in Border Towns and Districts.

Pursuant to …;

Issuing Regulations on the use of market management flags to stop vehicles transporting contraband goods in border towns and districts.

THE MINISTER OF TRADE

Pursuant to the Administrative Violations Handling Ordinance dated July 6, 1995;

Pursuant to Decree No. 95/CP dated December 4, 1993 on the functions, tasks, powers, and organizational structure of the Ministry of Trade;

Pursuant to Decree No. 10/CP dated January 23, 1995 of the Government on the organization, tasks, and powers of Market Management;

Pursuant to Document No. 308/VPCP-VI dated January 17, 2002 of the Prime Minister's Office regarding the Prime Minister's opinion allowing Market Management Team Leaders to use Market Management flags to stop vehicles transporting contraband goods in border towns and districts;

At the proposal of the Director of the Market Management Department.

DECISION:

Article 1. Attached hereto are the Regulations on the use of Market Management flags to stop vehicles transporting contraband goods in border towns and districts.

Article 2. Entrust the Director of the Market Management Department with directing, guiding, urging, and inspecting the implementation of these Regulations.

Article 3. These Regulations on the use of Market Management flags to stop vehicles transporting contraband goods shall take effect fifteen days from the date of signature.

Article 4. The Head of the Ministry's Office, the Director of the Legal Affairs Department, the Director of the Market Management Department, the Director of the Commerce Department (Commerce and Tourism Department), and the Heads of the Market Management Branches of the provinces and centrally administered cities are responsible for implementing this Decision./.

REGULATIONS
ON THE USE OF MARKET MANAGEMENT FLAGS TO STOP VEHICLES TRANSPORTING CONTRABAND GOODS IN BORDER TOWNS AND DISTRICTS
(Issued together with Decision No. 441/2002/QĐ-BTM dated April 16, 2002 of the Minister of Trade)

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Article 1. These Regulations apply to Market Management Team Leaders when assigned to perform duties in border towns and districts for MARKET CONTROL.

3. Must have Market Management flags (as prescribed) and signaling devices used to stop vehicles such as:

Whistle (mouth-blown whistle);

Public address system or electric speaker;

Signal lights: flashlight or headlight (when checking and stopping vehicles at night).

4. Use motor vehicles, motorcycles, boats, or motorized vessels of the market management force (as stipulated in Clause 4, Article 6 of the Trade Law (Department of Commerce - Tourism), the Heads of the Market Management Branches of the provinces and centrally administered cities are responsible for disseminating, implementing, and guiding each officer in the market management force to strictly comply with the provisions of the law and these Regulations regarding stopping road and waterway traffic to check contraband goods.

Article 13. Entrust the Market Management Department with uniformly managing and equipping necessary support tools specifically for stopping vehicles carrying contraband goods for the market management force.

The budget for purchasing the aforementioned support tools will be sourced from the state budget allocated for market management.

During the implementation process, if there are any difficulties or obstacles, the Market Management Branches should report to the Ministry of Trade (Market Management Department) for consideration and resolution./.

ANNEX

EXTRACT: ARTICLE 27, ARTICLE 28 PROCEDURE FOR PATROLLING, INSPECTING AND HANDLING ADMINISTRATIVE VIOLATIONS IN THE FIELD OF ROAD TRAFFIC SAFETY ORDER

(issued together with Decision No. 174/2000/QĐ-BCA (C11) dated February 25, 2000 of the Minister of Public Security)

. The driver of the vehicle does not comply with the request for inspection by the enforcement officer. Ministry of Science and Technology 1. In the case where the driver of the transportation vehicle does not comply with the command to stop the vehicle for inspection by the maritime traffic police.

Article 14The Patrol and Inspection Team Leader organizes pursuit. Use communication to immediately report to the commanding officer of the traffic police department, other stations, patrol boats, and even land traffic police (if necessary) to coordinate in pursuing the vehicle.

When approaching the fleeing vehicle, quickly board the vehicle. The Patrol and Inspection Team Leader orders the individual to immediately cease all activities, conduct a search, and seize weapons.

If the individual continues to use weapons in a fierce manner, the Patrol and Inspection Team Leader orders officers to use weapons according to Article 20 of the People's Police Force Ordinance, Article 1 of Decree No. 94/HĐBT dated July 2, 1984, while promptly reporting to superiors for reinforcement and support./.

Upon approaching the fleeing vehicle, quickly board the vehicle. The leader of the patrol and control team orders the individual to immediately cease such activities and conduct a search and confiscate weapons.

If the individual continues to use weapons in a forceful manner, the leader of the patrol and control team orders officers and soldiers to use weapons in accordance with Article 20 of the Ordinance on the People's Police Force of Vietnam, Clause 1 of Decree No. 94/HĐBT dated July 2, 1984, while simultaneously reporting to superiors for reinforcement and support at the fastest possible speed./.