Consolidated Document number 56/VBHN-BCT Decree on the organization and operation of the Inspection of the Industry and Trade Sector

MINISTRY OF INDUSTRY AND TRADE -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 56/VBHN-BCT	Hanoi, June 19, 2020

DECREE

ON THE ORGANIZATION AND OPERATIONS OF INSPECTION IN THE MINISTRY OF INDUSTRY AND TRADE

Decree No. 127/2015/ND-CP dated December 14, 2015 of the Government on the organization and operations of inspection in the Ministry of Industry and Trade, which came into effect from February 1, 2016, has been amended and supplemented by:

Decree No. 54/2020/ND-CP dated May 18, 2020 of the Government amending and supplementing some articles of Decree No. 127/2015/ND-CP dated December 14, 2020 of the Government on the organization and operations of inspection in the Ministry of Industry and Trade, which came into effect from July 7, 2020.

||| 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;

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

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

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

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 Law on Trade dated June 14, 2005;

Pursuant to the Competition Law dated June 12, 2018;

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

At the proposal of the Minister of Industry and Trade,

The Government promulgates this Decree on the organization and operations of inspection in the Ministry of Industry and Trade. 1

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the organization and operations of agencies performing inspection functions in the Ministry of Industry and Trade; Inspectors of the Ministry of Industry and Trade, persons assigned to perform specialized inspection tasks, and inspection collaborators in the Ministry of Industry and Trade; the responsibilities of agencies, organizations, and individuals in inspection activities in the Ministry of Industry and Trade.

Article 2. Inspection Objects

1. Agencies, organizations, and individuals under the management of the Ministry of Industry and Trade, Department of Industry and Trade.

2. Agencies, organizations, and individuals with the obligation to comply with legal provisions in fields under the management of the Ministry of Industry and Trade, Department of Industry and Trade.

Article 3. Application of International Treaties

In cases where this Decree and international treaties to which the Socialist Republic of Vietnam is a member have different provisions on the same issue, the provisions of the international treaty shall be applied.

Chapter II

ORGANIZATION, TASKS, LIMITS OF INSPECTION IN THE MINISTRY OF INDUSTRY AND TRADE

Article 4. Agencies Performing Inspection Functions in the Ministry of Industry and Trade

1. State inspection agencies, including:

a) Inspectorate of the Ministry of Industry and Trade (hereinafter referred to as the Inspectorate);

b) Inspectorate of the Department of Industry and Trade (hereinafter referred to as the Inspectorate of the Department).

2.2 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 Technology Agency; Electricity Regulation Agency; Industry Agency; Trade Promotion Agency; E-commerce and Digital Economy Agency; Anti-Dumping and Countervailing Duties Agency.

Article 5. Position, Functions, and Organizational Structure of the Inspectorate

1. The Inspectorate is an agency of the Ministry of Industry and Trade, assisting the Minister of Industry and Trade (hereinafter referred to as the Minister) in state management of inspection work, handling complaints and grievances, receiving citizens, and preventing and combating corruption; conducting administrative inspections, specialized inspections; handling complaints and grievances, receiving citizens, and preventing and combating corruption in accordance with the law.

2. The Inspectorate has a Director, Deputy Directors, Inspectors, and other civil servants.

The Director of the Inspectorate of the Ministry of Industry and Trade (hereinafter referred to as the Director of the Inspectorate) is appointed, dismissed, or removed from office by the Minister after consultation with the Chief Inspector of the Government.

The Deputy Directors of the Inspectorate of the Ministry of Industry and Trade are appointed, dismissed, or removed from office by the Minister upon the recommendation of the Director of the Inspectorate. The Deputy Directors assist the Director in performing tasks as assigned by the Director.

3. The Inspectorate has its own seal and separate account.

4. The Inspectorate has functional departments to carry out assigned tasks. The Minister decides on the establishment of departments under the Inspectorate.

5. The Inspectorate is subject to the direction and management of the Minister and is subject to guidance on work and organizational and professional matters from the Inspectorate of the Government.

Article 6. Duties and Authorities of the Inspectorate of the Ministry

The Inspectorate of the Ministry shall perform the duties and authorities stipulated in Article 18 of the Inspection Law and Article 7 of Decree No. 86/2011/NĐ-CP dated September 22, 2011 of the Government detailing and guiding the implementation of certain provisions of the Inspection Law, and the following specific duties and authorities:

1. To take the lead or participate in drafting normative legal documents related to inspection work in the Industry and Trade sector.

2. To develop the annual inspection plan for submission to the Minister for approval.

3. To provide professional guidance on specialized inspection matters to agencies assigned the function of specialized inspection under the Ministry of Industry and Trade and the Inspectorates of Departments.

4. To organize training and capacity building in specialized inspection, complaint resolution, citizen reception, and anti-corruption.

5. To request agencies assigned the function of specialized inspection under the Ministry of Industry and Trade to report on inspection work within their management scope.

6. To monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on handling inspections issued by the Minister and the Head of the Inspectorate of the Ministry.

7. To monitor, inspect, and urge the implementation of decisions on complaint resolution, findings of complaint content, and measures to handle complaints issued by the Minister and Heads of units under the Ministry of Industry and Trade.

8. To chair inter-ministerial inspection teams or participate in inter-ministerial inspection teams established by the Ministry or other sectors.

9. To compile and report on the results of inspection work, complaint resolution, citizen reception, and anti-corruption within the scope of state management of the Ministry of Industry and Trade to the State Inspectorate and relevant agencies.

10. To directly receive citizens, resolve complaints, and prevent corruption in accordance with the law.

11. To guide, inspect, and conduct inspections on agencies and units under the Ministry of Industry and Trade in implementing legal provisions on inspection, complaint resolution, citizen reception, and anti-corruption.

12. Other duties and authorities as prescribed by law.

Article 7. Duties and Authorities of the Head of the Inspectorate of the Ministry

The Head of the Inspectorate of the Ministry shall perform the duties and authorities stipulated in Article 19 of the Inspection Law, Article 8 of Decree No. 86/2011/NĐ-CP, and the following specific duties and authorities:

1. To report to the Minister and the Chief State Inspector General on inspection work, complaint resolution, citizen reception, and anti-corruption within the scope of responsibility assigned.

2. To inspect the responsibility of Heads of agencies and units under the direct management of the Minister of Industry and Trade in implementing laws on inspection, complaint resolution, citizen reception, and anti-corruption.

3. To summon civil servants and employees of agencies and units under the Ministry of Industry and Trade to participate in inspection activities.

4. To assist the Minister in monitoring, inspecting, and urging agencies and units under his/her direct management to resolve complaints, citizen reception, and anti-corruption.

5. Other tasks and powers as prescribed by law.

Article 8. Position, Functions, and Organizational Structure of the Inspectorate of the Department

1. The Inspectorate of the Department is an agency of the Department of Industry and Trade, assisting the Director of the Department of Industry and Trade (hereinafter referred to collectively as the Director of the Department) in conducting administrative inspections, specialized inspections; resolving complaints, citizen reception, and anti-corruption in accordance with the law.

2. The Inspectorate of the Department has a Head of the Inspectorate, Deputy Heads of the Inspectorate, Inspectors, and other civil servants.

The Head of the Inspectorate of the Department of Industry and Trade (hereinafter referred to collectively as the Head of the Inspectorate of the Department) shall be appointed, relieved, or dismissed by the Director of the Department after consultation with the Head of the Inspectorate of the province or centrally-administered city (hereinafter referred to collectively as the Head of the Inspectorate of the province).

The Deputy Head of the Inspectorate of the Department of Industry and Trade shall be appointed, relieved, or dismissed by the Director of the Department upon the recommendation of the Head of the Inspectorate of the Department. The Deputy Head of the Inspectorate of the Department assists the Head of the Inspectorate of the Department in performing tasks as assigned by the Head of the Inspectorate of the Department.

3. The Inspectorate of the Department has its own seal and separate account.

4. The Inspectorate of the Department is subject to the direction and management of the Director of the Department; it is also subject to the direction on inspection work and guidance on administrative inspection procedures from the Inspectorate of the province, and guidance on specialized inspection procedures from the Inspectorate of the Ministry.

Article 9. Duties and Authorities of the Department Inspector

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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 powers as prescribed by law.

Article 10. Duties and Authorities of the Head of the Department Inspector

The Head of the Department Inspector shall perform the duties and authorities stipulated in Article 25 of the Inspection Law, Article 14 of Decree No. 86/2011/NĐ-CP, and the specific duties and authorities as follows:

1. Report to the Department Director, the Provincial Inspector Chief, and the Ministry Inspector Chief on inspection work; complaint resolution, accusation handling, citizen reception, and anti-corruption within the assigned responsibility scope.

2. Inspect the responsibility of heads of units under the Industry and Trade Department in implementing laws on inspection; complaint resolution, accusation handling, citizen reception, and anti-corruption.

3. Summon civil servants and officials from agencies and units under the Industry and Trade Department to participate in inspection activities.

4. Assist the Department Director in monitoring, inspecting, and urging agencies directly managed by the Department Director in citizen reception, complaint resolution, accusation handling, and anti-corruption.

5.4 (Repealed)

6. Other duties and powers as prescribed by law.

Article 11. Duties and Authorities of the General Administration, Bureau Assigned to Perform Specialized Inspection Functions

The General Administration, Bureau assigned to perform specialized inspection functions shall carry out the duties and authorities stipulated in Article 10 of Decree No. 07/2012/NĐ-CP dated February 9, 2012, of the Government on agencies assigned to perform specialized inspection functions and specialized inspection activities, and the specific duties and authorities as follows:

1. Develop inspection plans to be submitted to the Ministry Inspector for consolidation and submission to the Minister for approval, and organize the implementation of such plans.

2. Inspect compliance with specialized laws, regulations on professional and technical standards, industry management rules, and fields assigned by the Minister.

3. Inspect cases suspected of violating laws when instructed by the Minister and the Ministry Inspector.

4. Monitor, urge, and inspect the implementation of inspection conclusions, recommendations, and decisions made by themselves.

5. Summarize and report on the results of specialized inspections to the Ministry Inspector.

Article 12.

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(Repealed)

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

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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 assigning civil servants to perform specialized inspection tasks.

Article 14. The advisory unit on specialized inspection work at the General Department and equivalent units, Bureaus under the Ministry of Industry and Trade, and Bureaus under the General Department shall perform specialized inspection functions.

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

Chapter III

INSPECTION ACTIVITIES IN THE INDUSTRY AND TRADE SECTOR

Section 1. ADMINISTRATIVE INSPECTION ACTIVITIES

Article 15. Inspection Objects for Administrative Inspections

The Ministry Inspectorate and the Inspectorate of Departments shall inspect the implementation of policies, laws, tasks, and authorities delegated to agencies, organizations, and individuals as stipulated in Clause 1, Article 2 of this Decree.

Article 16. Authority to Issue Administrative Inspection Decisions

The authority to issue administrative inspection decisions shall be implemented in accordance with the provisions of Article 43 of the Inspection Law, and Articles 19 and 20 of Decree No. 86/2011/ND-CP.

Article 17. Procedures and Formalities for Administrative Inspections

Procedures and formalities for administrative inspections shall be carried out in accordance with the provisions from Article 44 to Article 50 of the Inspection Law and from Article 21 to Article 31 of Decree No. 86/2011/ND-CP.

Section 2. SPECIALIZED INSPECTION ACTIVITIES

Article 18. Inspection Objects for Specialized Inspections

Agencies, organizations, and individuals as stipulated in Clause 2, Article 2 of this Decree.

Article 19. Authority to Issue Specialized Inspection Decisions

The authority to issue specialized inspection decisions shall be implemented in accordance with the provisions of Article 51 of the Inspection Law, and Articles 14 and 15 of Decree No. 07/2012/ND-CP.

Article 20. Procedures and Formalities for Specialized Inspections

Procedures and formalities for specialized inspections shall be carried out in accordance with the provisions from Article 52 to Article 56 of the Inspection Law, and from Article 16 to Article 32 of Decree No. 07/2012/ND-CP.

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

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

Article 22. Content of Specialized Inspections in the Industrial Sector

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Inspect compliance with laws on mechanical industry, metallurgy, mining and mineral processing industries (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.

Article 23. Content of Specialized Inspections in the Energy Sector

1. Inspect compliance with specialized laws on the electricity sector within the scope of management:

a) Implementation of contents in power business licenses;

b) Operation of the national power system, including: Load forecasting, grid connection, metering, operation in the power system, fault handling, black start, ancillary services and power reduction; compliance with legal regulations on power dispatch;

c) Compliance with legal regulations on electricity prices and fees, including: Electricity generation price range, wholesale electricity price range, transmission electricity price, retail electricity price, ancillary services system electricity price, power dispatch operation fee and power market operation fee; legal regulations on the power market;

d) Compliance with legal regulations on the progress, location, ash disposal of thermal power plants built, operated, and transferred, and other thermal power plants; compliance with legal regulations on power grids, rural power, and hydropower;

đ) Other contents as prescribed by law.

2. Inspect compliance with specialized laws on new energy, renewable energy, and energy conservation within the scope of management; other contents as prescribed by law.

3. Inspect compliance with specialized laws on coal mining, processing, infrastructure, and recovery within the scope of management; other contents as prescribed by law.

4. Inspect compliance with specialized laws on oil and gas exploration, extraction, transportation, processing, and distribution; clean-up of fixed facilities, equipment, and means serving oil and gas activities; flaring associated gas; implementation of oil and gas exploration, extraction, transportation, storage, processing, and distribution projects, oil and gas contracts within the scope of management; other contents as prescribed by law.

5. Inspect compliance with specialized laws on the production, processing, and trading of gasoline, liquefied petroleum gas within the scope of management; other contents as prescribed by law.

Article 24. Contents of specialized inspection in the field of chemicals

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Inspect compliance with specialized laws on permissible limits of harmful chemical contents in certain electrical, electronic, textile, and fertilizer products; classification of chemicals according to the Globally Harmonized System (GHS) and chemical safety data sheets; prevention and response to chemical accidents in industrial sectors; production and use of chemicals listed in Tables 1, 2, and 3; conditions for producing and trading industrial explosives materials; conditions for producing and trading explosive precursors; production and trading of prohibited chemicals and chemicals under conditional production and trading lists and restricted production and trading lists in industrial sectors; purchase and sale of toxic chemicals; declaration of chemicals; use of chemicals; chemical safety training; other contents as prescribed by law.

Article 25.

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(Repealed)

Article 26. Contents of specialized inspection in the field of food safety

Inspect compliance with specialized laws on food safety during the production, processing, storage, transportation, export, import, and trading of various types of alcohol, beer, soft drinks, processed milk products, vegetable oils, starch-based products, pastries, candies, packaging containers, and other food products within the scope of management; other contents as prescribed by law.

Article 27. Contents of specialized inspection in the field of import and export

Inspect compliance with specialized laws on export, import, temporary import for re-export, temporary export for re-import, transshipment, transit, consignment export, and consignment import; origin of goods within the scope of management; other contents as prescribed by law.

Article 28. Contents of specialized inspection in the field of trade promotion

Inspect compliance with specialized laws on promotions; display and introduction of goods and services; trade fairs and exhibitions; establishment and operation of foreign trade promotion offices in Vietnam within the scope of management; other contents as prescribed by law.

Article 29. Contents of specialized inspection in the field of e-commerce

Inspect compliance with specialized laws on management of e-commerce websites and mobile applications; provision of information and transactions in e-commerce; provision of e-commerce services; evaluation of trustworthiness of e-commerce websites; assessment and certification of personal information protection policies in e-commerce; provision of electronic contract authentication services; protection of personal information in e-commerce within the scope of management; other contents as prescribed by law.

Article 30. Contents of specialized inspection in commercial activities

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1. Inspect compliance with specialized laws on trading through commodity exchanges, border trade activities, commercial brokerage, consignment trading, commercial agency, processing in commerce, commercial appraisal, and commercial franchising within the scope of management; other contents as prescribed by law.

2. Conduct surprise inspections of production, export, import, sale of counterfeit goods, prohibited goods, goods of unknown origin, or fraudulent origin when signs of violation of other laws in commercial activities within the scope of management are detected, or as assigned by the head of the competent state management agency in accordance with the law.

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

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Inspect compliance with specialized laws on monitoring anti-competitive behavior, economic concentration acts that affect or have the potential to affect competition, unfair competition acts within the scope of management; other contents as prescribed by law.

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

Article 32. Contents of specialized inspection in the field of trade defense

Inspect compliance with specialized laws on countering dumping, countering subsidies, applying self-defense measures, and countering tax evasion related to countering dumping and countering tax evasion related to countering subsidies within the scope of management; other contents as prescribed by law.

Article 33. Contents of specialized inspection in the field of consumer protection

Inspect compliance with specialized laws on registering standard contracts, general transaction terms under the law on consumer protection within the scope of management; other contents as prescribed by law.

Section 3. INSPECTION PLANS, OVERLAPPING HANDLING IN INSPECTION ACTIVITIES, INFORMATION REPORTING REGIME AND REINSPECTION

Article 34. Building and approving annual inspection plans

1. The Ministry's Inspectorate shall take the lead and coordinate with the Departments and General Departments under the Ministry based on the guidance of the Government Inspector General and management requirements to build inspection plans and submit them to the Minister for approval no later than November 15 each year. The Minister shall approve the inspection plan no later than November 25 each year.

2. Provincial Inspectorates shall base their annual inspection plans on those of the Ministry's Inspectorate and the provincial Inspectorate, taking into account management requirements, and submit them to the Provincial Department Director for approval no later than December 5 each year. The Provincial Department Director shall approve the inspection plan no later than December 15 each year.

3. Annual inspection plans approved shall be notified to the inspected entities and relevant agencies and organizations.

Article 35. Handling Overlapping in Inspection Activities

1. In cases where the Ministry of Industry and Trade’s inspection plan overlaps with the provincial industry and trade department’s inspection plan, the Ministry of Industry and Trade’s inspection plan shall prevail.

2. The Head of the Ministry's Inspectorate shall handle overlapping regarding the scope, subjects, content, and time of inspections conducted by the Ministry's Inspectorate, General Departments, and Departments under the Ministry of Industry and Trade assigned to perform specialized inspection functions, and report to the Minister for consideration and decision; coordinate with the Heads of Inspectors of other Ministries and equivalent agencies to resolve overlapping in inspection activities of inspectors of these ministries and agencies; coordinate with the Heads of provincial inspectors to resolve overlapping in inspection activities of the industry and trade sector with local inspectors.

3. The Head of the Provincial Inspectorate shall report to the Head of the provincial inspectorate to handle overlapping in inspection activities of the provincial industry and trade department with local inspectors.

4. The General Department Director shall handle overlapping regarding the scope, subjects, content, and time of inspections conducted by departments under the General Department during the process of building annual inspection plans.

Article 36. Information and Reporting System for Inspection Work

1. The Ministry Inspectorate shall report to the Minister and the Chief Inspector of the Government on inspection work, complaint resolution, accusation handling, citizen reception, and anti-corruption efforts within the scope of responsibilities assigned.

2. General Departments and Bureaus shall report to the Ministry Inspectorate on inspection work, complaint resolution, accusation handling, citizen reception, and anti-corruption efforts within the scope of responsibilities assigned.

3. Provincial Inspectorates shall report to the Department Director, the Chief Inspector of the Province, and the Chief Inspector of the Ministry on inspection work, complaint resolution, accusation handling, citizen reception, and anti-corruption efforts within the scope of responsibilities assigned.

4. Eighteen Bureaus under the General Department shall be responsible for reporting to the General Department on specialized inspection work within the scope of responsibilities assigned.

5. Agencies and units under the Ministry of Industry and Trade shall be responsible for sending copies of inspection conclusions and audit reports to the Ministry Inspectorate no later than ten days from the date they receive the inspection conclusion from the inspectorate agency or the audit report from the State Audit Office.

Article 37. Re-inspection

1. The Chief Inspector of the Ministry shall decide to re-inspect cases that have been concluded by the head of the specialized inspection function agency under the Ministry of Industry and Trade, the Chairman of the People's Committee at the provincial level, but which show signs of violation of laws when instructed by the Minister.

2.19 (abolished).

3. The procedures and formalities for re-inspection shall be carried out according to the provisions from Article 48 to Article 52 of Decree No. 86/2011/ND-CP and from Article 33 to Article 38 of Decree No. 07/2012/ND-CP.

Chapter IV

INSPECTORS, ASSOCIATE INSPECTORS IN THE MINISTRY OF INDUSTRY AND TRADE, PERSONS ASSIGNED TO PERFORM SPECIALIZED INSPECTION TASKS

Article 38. Inspectors in the Ministry of Industry and Trade

1. Inspectors in the Ministry of Industry and Trade are civil servants of the Ministry Inspectorate and Provincial Inspectorates appointed to the inspector rank to perform inspection tasks as prescribed by law and other tasks as assigned by the Chief Inspector of the Ministry and the Chief Inspector of the Province.

2. The duties, powers, and standards of inspectors are stipulated in the Inspection Law, Decree No. 97/2011/ND-CP dated October 21, 2011 of the Government on inspectors and associate inspectors, and relevant laws.

3. Inspectors in the Ministry of Industry and Trade shall be provided with uniforms, inspection cards, insignia, and other benefits as prescribed by law.

Article 39. Associate Inspectors in the Ministry of Industry and Trade

1. Associate Inspectors in the Ministry of Industry and Trade are individuals recruited by the Ministry Inspectorate and Provincial Inspectorates to join inspection teams.

2. Associate Inspectors in the Ministry of Industry and Trade are individuals not belonging to the establishment of state inspectorate agencies, having good moral character; being conscientious, honest, fair, impartial; possessing expertise and skills suitable for the inspection requirements and tasks of the recruiting agency.

3. Associate Inspectors in the Ministry of Industry and Trade shall have duties, powers, responsibilities, and enjoy benefits and policies as prescribed by law on inspection and related laws.

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

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1. Persons assigned to perform specialized inspection tasks are civil servants of General Departments and equivalent departments, Bureaus under the Ministry of Industry and Trade, and Bureaus under General Departments assigned to perform specialized inspection functions who meet the conditions and standards prescribed by their current civil service grade, the standards stipulated in Article 12 of Decree No. 07/2012/ND-CP, and regulations of the Minister of Industry and Trade.

2. Persons assigned to perform specialized inspection tasks at General Departments and equivalent departments, Bureaus under the Ministry of Industry and Trade, and Bureaus under General Departments shall have the power to impose administrative penalties as prescribed in Article 46 of the Law on Handling Administrative Violations and shall enjoy allowances when performing inspection tasks as prescribed by law.

Chapter V

RESPONSIBILITIES OF ORGANIZATIONS, ENTITIES, AND INDIVIDUALS IN THE MINISTRY OF INDUSTRY AND TRADE INSPECTION ACTIVITY

Article 41. Responsibilities of the Minister of Industry and Trade

1. Direct inspection activities within the scope of management of the Ministry of Industry and Trade.

2. Approve the annual inspection plan.

3. Timely address conclusions and recommendations regarding inspection work.

4. Ensure funding and working conditions for the Ministry's Inspectorate and other agencies assigned to perform specialized inspection functions under the Ministry.

5. Perform other tasks as prescribed by law.

Article 42. Responsibilities of the Chairman of the Provincial People's Committee

1.21 Direct specialized agencies under the Provincial People's Committee to ensure staffing, funding, and operational conditions for the Department Inspectorate.

2. Direct training and professional development for inspectors and ensure policy benefits for inspectors and civil servants of the Department Inspectorate and civil servants assigned to perform specialized inspection tasks.

Article 43. Responsibilities of the Director of the Department of Industry and Trade

1. Direct inspection activities within the scope of management of the Department of Industry and Trade.

2. Direct the construction and approval of the annual inspection plan.

3. Timely address conclusions and recommendations regarding inspection work.

4. Promptly resolve difficulties and issues related to inspection work; handle overlapping issues in inspection activities.

5. Perform other tasks as prescribed by law.

Article 44. Coordination responsibilities between the industry and trade inspection agency and relevant agencies and organizations

1. The Ministry Inspectorate coordinates with units under the Government Inspectorate, inspectorates of ministries, sectors, general departments, bureaus under the Ministry of Industry and Trade, provincial inspectorates, departments of industry and trade, and relevant agencies in inspection activities, handling complaints and grievances, and preventing corruption.

2. The Department Inspectorate coordinates with the Ministry Inspectorate, provincial inspectorates, departments and sectors of the province, district and town inspectorates, and relevant agencies in inspection activities, handling complaints and grievances, receiving citizens, and preventing corruption.

Chapter VI

IMPLEMENTING PROVISIONS

Article 45. Effective Date

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This Decree takes effect from February 1, 2016, and replaces Decree No. 117/2006/NĐ-CP dated October 9, 2006, of the Government on the organization and operation of Industrial Inspection, and Decree No. 103/2004/NĐ-CP dated March 1, 2004, of the Government on the organization and operation of Electricity Inspection.

Article 46. Responsibility for Implementation

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1. The Minister of Industry and Trade shall organize the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairmen of provincial people's committees, and relevant agencies, organizations, and individuals shall be responsible for implementing this Decree./.

Place of Receipt: - Office of the Government (for publication in the Official Gazette); - Ministry of Justice (for monitoring); - Office of the Ministry (for posting on the Ministry of Industry and Trade's electronic portal); - To be filed: VT, DL. - To be filed: VT, TTB.

CERTIFIED CONSOLIDATED DOCUMENT THE MINISTER Tran Tuan Anh