Decree No. 54/2020/ND-CP Amending and supplementing some articles of Decree No. 127/2015/ND-CP dated December 14, 2015 of the Government on the organization and operation of inspection in the Industry and Trade sector.

THE GOVERNMENT --------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 54/2020/NĐ-CP	Hanoi, May 18, 2020

DECREE

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE DECREE NO. 127/2015/NĐ-CP OF DECEMBER 14, 2015 OF THE GOVERNMENT ON THE ORGANIZATION AND OPERATIONS OF INSPECTION IN THE MINISTRY OF INDUSTRY AND TRADE

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Based on the Inspection Law dated November 15, 2010;

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

Based on the Petroleum Law dated July 6, 1993, the Law Amending and Supplementing Certain Provisions of the Petroleum Law dated June 9, 2000, and the Law Amending and Supplementing Certain Provisions of the Petroleum Law dated June 3, 2008;

Pursuant to the Electricity Law dated December 3, 2004, the Law Amending and Supplementing Certain Provisions of the Electricity Law dated November 20, 2012;

Pursuant to the Law on Trade dated June 14, 2005;

The Government issues this Decree amending and supplementing the list of narcotic substances and precursors promulgated together with Decree No. 57/2022/NĐ-CP dated August 25, 2022 of the Government stipulating the lists of narcotic substances and precursors.

Pursuant to the Food Safety Law dated June 17, 2010;

Based on the Consumer Protection Law dated November 17, 2010;

Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

Pursuant to the Competition Law dated June 12, 2018;

Pursuant to the Market Management Ordinance dated March 8, 2016; At the proposal of the Minister of Industry and Trade;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 127/2015/NĐ-CP dated December 14, 2015 of the Government on the organization and operations of inspection in the Ministry of Industry and Trade.

Article 1. Amending and supplementing certain provisions of the Governmental Decree No.

127/2015/NĐ-CP dated December 14, 2015 of the Government on the organization and operations of inspection in the Ministry of Industry and Trade

3. Amending and supplementing Clause 5 of Article 4 as follows:

“2. Agencies assigned to perform specialized inspection functions under the Ministry of Industry and Trade:

a) General Administration of Market Management; Provincial Market Management Agencies.

b) Competition and Consumer Protection Agency.

c) Chemicals Agency; Industrial Safety and Environmental Protection Agency; Electricity Regulation Agency; Industry Development Agency; Trade Promotion Agency; E-commerce and Digital Economy Agency; Anti-dumping and Countervailing Duties Agency.”

2. Amendment and supplementation of Article 9 as follows:

“Article 9. Tasks and Authorities of the Department Inspector

The Department Inspector shall perform the duties and authorities stipulated in Article 24 of the Inspection Law, Article 13 of Decree No. 86/2011/NĐ-CP, and the specific duties and authorities as follows:

1. Monitor, inspect, and urge the implementation of inspection conclusions, recommendations, and decisions on handling inspections; decisions on resolving complaints, and findings on reported matters by the Department Director and the Department Inspector.

2. Summarize and report on the results of inspection work; complaint resolution, accusation handling, citizen reception, and anti-corruption within the scope of management of the Industry and Trade Department as prescribed by law.

3. Guide, inspect, and conduct inspections on agencies and units under the Industry and Trade Department to ensure compliance with laws on inspection, complaint resolution, accusation handling, citizen reception, and anti-corruption.

4. Chair inter-departmental inspection teams or participate in inter-departmental inspection teams established by the Department or other sectors.

5. Other tasks and authorities as prescribed by law.”

1. To take the lead and coordinate with the Ministry of National Defense, provincial People's Committees, and relevant agencies and units:

“Article 13. Tasks and Authorities of the Head of the Agency Assigned to Perform Specialized Inspection Functions

The Head of the agency assigned to perform specialized inspection functions shall carry out the duties and authorities stipulated in Decree No. 07/2012/NĐ-CP and the specific duties and authorities as follows:

1. Impose administrative penalties according to the provisions of the law.

2. Appoint civil servants meeting professional conditions to participate in inspection teams of the Ministry Inspector and other agencies when requested.

3. Decide on the assignment of civil servants to carry out specialized inspection tasks.”

4. Amending and supplementing Article 14 as follows:

“Article 14. Advisory Unit on Specialized Inspection Work at the General Department and Equivalent Units, and Cục under the Ministry of Industry and Trade, and Cục under the General Department Assigned to Perform Specialized Inspection Functions

The advisory unit on specialized inspection work at the General Department shall be organized in the form of a Department; at the Cục under the Ministry of Industry and Trade and the Cục under the General Department, it shall be organized in the form of a Division.”

5. Amend and supplement Article 21 as follows:

“Article 21. Content of Specialized Inspection in the Field of Technical Safety and Environmental Protection in Industry and Trade

Inspect compliance with laws on electrical safety; dam and reservoir management safety; chemical, liquefied petroleum gas safety; industrial explosives and explosive precursor materials safety; mechanical and pressure equipment safety; mining and oil and gas exploitation safety; environmental protection within the scope of management; other contents as prescribed by law.”

6. Amend and supplement Article 22 as follows:

“Article 22. Content of Specialized Inspections in the Industrial Sector

Inspect compliance with laws on mechanical industry, metallurgy industry, mining and mineral processing industry (excluding construction materials and cement production), consumer goods industry, food industry, biotechnology industry, supporting industry, electronics industry, high-tech industry within the scope of management; other contents as prescribed by law.”

7. Amend and supplement Article 24 as follows:

“Article 24. Content of Specialized Inspection in the Field of Chemicals

Inspect compliance with laws on permissible limits of harmful chemicals in some electronic and textile products, classification of chemicals according to GHS and chemical safety data sheets; prevention and response to chemical accidents in the industry; production and use of chemicals listed in Tables 1, 2, and 3; conditions for producing and trading industrial explosives; conditions for producing and trading explosive precursors; production and trading of prohibited chemicals and chemicals listed in the conditional production and trading list and restricted production and trading list in the industry; purchase and sale of toxic chemicals; declaration of chemicals; use of chemicals; chemical safety training; other contents as prescribed by law.”

8. Amend and supplement Article 30 as follows:

“Article 30. Contents of specialized inspection in commercial activities

1. Inspect compliance with laws on commodity trading through commodity exchanges, border trade activities, commercial brokerage, consignment sales, agency sales, manufacturing under contract in commerce, commercial appraisal, trademark licensing activities within the scope of management; other contents as prescribed by law.

2. Conduct surprise inspections of production, export, import, sale of counterfeit, banned, origin-unknown goods, or goods with falsified origins when discovering signs of violation of laws by organizations, individuals in commercial activities within the scope of management or as assigned by competent state management agencies in accordance with the law.”

9. Amend and supplement Article 31 as follows:

“Article 31. Contents of specialized inspection in the field of competition and multi-level marketing business activities

Inspect compliance with laws on controlling anti-competitive behaviors, economic concentration acts that have or may have an impact on competition, unfair competition acts within the scope of management; other contents as prescribed by law.

Inspect compliance with laws on multi-level marketing business activities within the scope of management; other contents as prescribed by law.”

10. Amend and supplement Clause 2 and Clause 3 of Article 34 as follows:

“2. The Department Inspector shall base on the inspection plan of the Ministry Inspector, Provincial Inspector, and requirements for management to build the inspection plan, submit it to the Department Director no later than December 5 each year. The Department Director shall approve the inspection plan no later than December 15 each year.

3. The approved annual inspection plan shall be notified to the inspected entities and relevant agencies and organizations.”

11. Amend and supplement Clause 3 of Article 35 as follows:

“3. The Chief Inspector of the Department shall report to the Chief Inspector of the Province to handle overlapping activities between the Department of Industry and Trade's inspection and local inspection agencies.”

12. Supplement Clause 4 of Article 35 as follows:

“The General Department Director shall handle overlapping issues regarding the scope, objects, content, and time of inspection among Cục under the General Department during the annual inspection plan development process.”

13. Amend and supplement Clause 4 of Article 36 as follows:

“4. Cục under the General Department shall have the responsibility to report to the General Department on specialized inspection work within their assigned responsibilities.”

14. Amend and supplement Article 40 as follows:

“Article 40. Persons Assigned to Carry Out Specialized Inspection Tasks at Agencies Assigned to Perform Specialized Inspection Functions

1. Persons assigned to carry out specialized inspection tasks are civil servants belonging to the General Department and equivalent units, Cục under the Ministry of Industry and Trade, and Cục under the General Department assigned to perform specialized inspection functions who meet the conditions and standards stipulated in the current civil servant rank, the standards prescribed in Article 12 of Decree No. 07/2012/NĐ-CP, and the regulations of the Minister of Industry and Trade.

2. The person assigned to carry out specialized inspection tasks at the General Department and equivalent departments, Departments under the Ministry of Industry and Trade, and Departments under the General Department shall have the right to impose administrative penalties for violations in accordance with Article 46 of the Law on Handling Administrative Violations and shall enjoy the allowances when performing inspection duties in accordance with the provisions of the law.

15. Amend and supplement Clause 1 of Article 42 as follows:

“1. Direct the specialized agencies under the provincial People's Committee to ensure staffing, funding, and operating conditions for the Department of Inspection.”

Article 2.

Repeals

Clause 5 of Article 10, Article 12, Article 25, Clause 2 of Article 37 of Decree No. 127/2015/NĐ-CP

and

Clause 1 of Article 6, Clause 4 of Article 8 of Decree No. 07/2012/NĐ-CP.

Article 3. Transitional Provisions

The Competition and Consumer Protection Department shall continue to perform its specialized inspection functions until the Government issues a Decree stipulating the functions, tasks, and organizational structure of the National Competition Council.

Article 4. Implementation provisions

This Decree takes effect from July 7, 2020.

Article 5. Responsibilities for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-run city People's Committees, relevant agencies, organizations, and individuals are responsible for implementing this Decree./.

Place of Receipt: - Central Party Committee Secretariat; - Prime Minister, Deputy Prime Ministers; - Ministries, ministerial-level agencies, and agencies under the Government; - Provincial People's Councils, People's Committees of centrally governed cities; - Central Party Office and Party Committees; - General Secretary's Office; - President's Office; - Ethnic Council and Committees of the National Assembly; - National Assembly's Office; - Supreme People's Court; - Supreme People's Procuracy; - State Audit Agency; - National Financial Supervisory Commission; - Social Policy Bank; - Vietnam Development Bank; - Vietnam Fatherland Front Central Committee; - Central Agencies of Social Organizations; - VPCP: Deputy Chairman, all Vice Chairmen, Assistants to the Prime Minister, Director of the Government Portal, all Departments, Bureaus, subordinate units, Official Gazette; - File: VT, TCCV (2b).

PRIME MINISTER PRIME MINISTER Nguyen Xuan Phuc