Decision No. 880-TM/QLTT promulgates the Regulation on the Work of Market Control Officials

Pursuant to …;

Regarding the issuance of the Rules on the Work of Market Control Officials

____________________________

THE MINISTER OF TRADE

- Pursuant to Decrees of the Government No. 95/CP dated December 4, 1993 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Commerce and Decree No. 10/CP dated January 23, 1995 on the organization, tasks, and powers of market management;

Considering the proposal of the Director of the Market Management Department and the Director of the Personnel and Cadres Department of the Ministry of Commerce;

DECISION:

Article 1: The Rules on the Work of Market Control Officials are hereby promulgated together with this Decision.

Article 2: This Decision takes effect from the date of signing, all previous provisions contrary to this Decision are abolished.

Article 3: The Heads of the Ministry's Office, the Director of the Personnel and Cadres Department, the Director of the Market Management Department, the Directors of Provincial Departments of Commerce, and the Chiefs of Market Management Branches shall be responsible for implementing this Decision.

MINISTRY OF COMMERCE

||| Article 2. General provisions regarding foreign non-governmental organizations operating in Vietnam (as stipulated from Article 5 to Article 15 of the Decree):

(Signed)

Truong Dinh Ty

REGULATIONS

WORK OF MARKET CONTROL OFFICIALS
(ISSUED ACCOMPANYING DECISION NO. 880 TM/QLTT DATED OCTOBER 5, 1996) OF THE MINISTRY OF COMMERCE

PART I: RULES ON WORK

Article 1: These Rules apply to Market Control Officials when performing duties of inspecting and supervising the market.

Article 2: Market Control Officials who have been issued market inspection cards and assigned tasks by the heads of the Departments, Branches, or Teams of Market Management have the authority to inspect and handle violations in trade and services according to current laws. Market Control Officials without market inspection cards can only participate in inspection teams.

Article 3: Market Control Officials must study, understand, and comply with laws, work rules, and strictly follow the leadership of their unit heads. They must keep confidential plans of work, files, and measures to handle cases.

Article 4: Market Control Officials may only perform inspection and supervision duties when there are at least two Market Control Officials forming a group (team, squad, station) led by a Market Control Official appointed by the unit head as the group leader (team, squad leader). In urgent situations where a violator is discovered and immediate action is necessary to prevent escape or disposal of evidence, the Market Control Official may request support from police, tax authorities, or local People's Committees and must report immediately to their unit head while bearing responsibility under the law for their actions.

Article 5: Market Control Officials must wear the uniform of the market management force, display badges, insignias, and identification cards (except when assigned to conduct surveillance or gather information) and carry market inspection cards if issued.

Article 6: Market Control Officials may use simple weapons, auxiliary tools, and other specialized equipment as prescribed by law and must strictly adhere to Decree No. 47/CP dated August 12, 1996 of the Government on the management of weapons, explosives, and auxiliary tools.

Article 7: Market Control Officials must follow the correct procedures during inspections:

- Present the inspection card or the inspection decision.

- Clearly explain the content of the inspection.

- Conduct the inspection, prepare records, and implement administrative violation handling procedures in accordance with current laws.

When applying measures to prevent administrative violations and ensure the handling of such violations (temporary detention of persons; temporary detention of evidence and means; searching persons; searching transport vehicles and belongings; searching places where evidence and means of violation are hidden), strict adherence to Articles 39 to 44 of the Administrative Violations Law and other current legal regulations is required.

Article 8: When making decisions on handling, Market Control Officials must:

- Have sufficient credible evidence as prescribed by current laws, not arbitrarily.

- Conclude objectively and fairly, accurately identify the violation, handle within the authorized scope, in the prescribed form, and with the stipulated penalties according to current laws.

- If they find signs of criminal offenses, they must immediately transfer the case file to competent criminal authorities for resolution.

Article 9: Market Control Officials are responsible for:

- Strictly implementing regulations on the use and management of seals uniformly applied in market inspection activities as stipulated in Decision No. 05 TM/QLTT dated January 5, 1996 of the Ministry of Commerce.

- Organizing the storage, protection, and strict management of files and evidence currently being processed or already processed according to established procedures.

Article 10: Market Control Officials.

- Shall not consume beer or alcohol or be in a state of intoxication from beer or alcohol while on duty.

- Shall not participate in meals, drinks, or purchases from parties under inspection.

- Shall not abuse power or act arrogantly, harass, tolerate, or cover up violations of inspected entities.

- Shall not appropriate or misuse temporarily detained or confiscated items.

CHAPTER II: REWARDS AND DISCIPLINARY MEASURES

Article 11:

1- Civil servants who have outstanding achievements in combating violations of laws in commercial activities shall be considered for rewards according to the general system for civil servants of the State; additionally, they may be awarded monetary bonuses from the proceeds obtained from handling the violation cases in accordance with the current regulations of the State.

2- Civil servants engaged in market supervision when performing their duties of inspection and control, fighting against violations of laws in commercial activities, if they are injured or sacrificed, shall be entitled to the benefits for war invalids and martyrs as stipulated in Clause 1, Article 7, Part II of Decree No. 10/CP dated January 23, 1995 of the Government.

Article 12: Market supervisors who violate work regulations; abuse their positions and powers to contravene legal provisions, causing damage to state property or business operators, shielding illegal acts, appropriating, misusing seized funds, goods, or means, or engaging in other corrupt practices shall be subject to disciplinary measures depending on the nature and degree of the violation:

1- Disciplinary action:

- Reprimand.

- Warning.

- Dismissal from office.

- Demotion in rank.

- Compulsory resignation.

(During the disciplinary review process and after the disciplinary decision, the market supervisor's inspection card will be revoked, their inspection and supervision duties suspended, and they will be reassigned to other tasks).

2- Compensation for material damages caused by themselves.

3- Criminal liability pursued.

CHAPTER II: IMPLEMENTATION PROVISIONS

Article 13: This regulation shall take effect from the date of issuance.

Article 14: Market supervisors must comply with this regulation when performing inspection and supervision duties on the market.