Laws of Vietnam

Pursuant to the Law on Organization of the Government on the 30th of September, 1992;

Pursuant to Decree No. 15-CP on the 2nd of March, 1993 of the Government on the tasks, powers and responsibilities of State management of the ministries and ministerial-level agencies;

At the proposal of the Minister of Education and Training,

DECIDES:

Article 1.- To build three secondary schools: Chu Van An (Hanoi), Quoc Hoc Hue (Thua Thien - Hue), Le Hong Phong (Ho Chi Minh City) into high-quality secondary schools as models for the whole country.

To assign the Minister of Education and Training to directly guide the People's Committees of Hanoi City, Ho Chi Minh City and Thua Thien - Hue province in undertaking the project to build the three high-quality secondary schools already approved by the Prime Minister.

Article 2.- The State Planning Committee, the Ministry of Finance, the Ministry of Education and Training together with the People's Committees of the above-said cities and province shall prepare an investment budget in the 1996-2000 State plan and yearly plans for these schools, according to the investment plan already approved by the authorized State agencies.

The concerned ministries and branches, and the national centers for scientific studies shall have to collaborate with the Ministry of Education and Training and the People's Committees of Hanoi City, Ho Chi Minh City and Thua Thien-Hue province during the process of building the three high-quality secondary schools.

Article 3.- The Minister of Education and Training, the Chairman of the State Planning Committee, the Minister of Finance, the Presidents of the People's Committees of Hanoi City, Ho Chi Minh Citya nd Thua Thien-Hue province, the Ministers, the Heads of the ministerial-level agencies and the agencies attached to the Government shall have to implement this Decision.

Prime Minister

VO VAN KIET

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government on the 30th of September ,1992;

Pursuant to Decree No.35-CP on the 25th of April, 1994 of the Government on the reorganization of the guidance of market management and the fight against speculation and smuggling;

At the proposal of the Minister of Trade,

DECIDES:

Article 1.- To promulgate the Regulation on the responsibility and relations of coordination of activities among the State management agencies in the management of the market, and the fight against smuggling and other acts of illicit trade.

Article 2.- This decision takes effect from the date of its signing.

Article 3.- The Ministers, the Heads of ministerial-level agencies, the Heads of the agencies attached to the Government, and the Presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Decision.

Prime Minister

VO VAN KIET

(issued together with Decision No.96-TTg on the 18th of February, 1995 of the Prime Minister).

Chapter I

GENERAL PROVISIONS

Article 1.- This Regulation provides for the principles and the responsibility of coordination of activities among the ministries, the ministerial-level agencies, the agencies attached to the Government, and the People's Committees of the provinces and cities directly under the Central Government (hereafter referred to as Government agencies) in the management of the market, including the fight against the acts of speculation, smuggling, trading in banned goods, production and trading of counterfeits, tax fraud and evasion, and other acts of illicit trade (hereafter referred to as smuggling and illicit trade).

Article 2.- The State agencies at the center and in the localities have the responsibility to organize the market management, and the fight against smuggling and illicit trade within their branches and localities, according to the State managerial function prescribed by law. The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, and the Presidents of the People's Committees of the provinces and cities directly under the Central Government are responsible to the Government and the Prime Minister for the following:

1. Conducting the market management, and the fight against smuggling and illicit trade, according to the functions, tasks and powers assigned them.

2. Leading, directing and organizing the implementation of State undertakings, policies and laws on market management, the fight against smuggling and illicit trade in the whole branch and the locality under their direct management.

3. The violations of law taking place in their branches or localities.

Article 3.- While carrying out their tasks of market management and fighting against smuggling and illicit trade according to their State managerial function, the State agencies shall have to organize the coordination of activities with the concerned agencies, to ensure uniformity and consistency in the guidance and direction of work among the different State agencies.

The coordination of activities shall be effected on the basis of the tasks and powers of each State agency, and the requirement of market management and the fight against smuggling and other illicit trade, in each specific period, locality and domain.

Article 4.- The Ministry of Trade shall take the main responsibility for organizing the coordination of activities among the State agencies in the market management, and the fight against smuggling and other acts of illicit trade, according to this Regulation throughout the country.

Chapter II

RESPONSIBILITY OF THE STATE AGENCIES IN MARKET MANAGEMENT, AND THE FIGHT AGAINST SMUGGLING AND OTHER ACTS OF ILLICIT TRADE

Article 5.- The ministries and agencies having the function of State management in production and business have the following tasks:

1. To work out the strategy, plans and measures to develop production, improve the quality, and lower the production cost of products, ensure the expansion of exchange of goods produced in the country and goods for export, in order to satisfy the needs of domestic and international markets.

2. To revise the mechanism, policies and legal documents in order to amend, supplement or propose amendments and supplements aimed at overcoming the loopholes, overlappings and shortcomings which are obstructing production and business, and are being exploited by the smugglers and other doers of illicit trade.

3. To direct the inspection and control of the observance of State law on market management, the fight against smuggling and illicit trade, within the branches or areas under their jurisdiction.

4. To coordinate actions with the State agencies in various branches and at various levels and the specialized forces, in organizing market management according to the domain or business line and to prevent and handle in time the negative developments on the market concerning this domain or business line.

5. To strictly mete out administrative and economic sanctions, according to their jurisdiction and law, all acts of smuggling and illicit trade, or propose to the law enforcement agencies to handle affairs and acts where signs of criminality are detected. In the event of a wrong decision, which causes losses to the economy or losses of material property to a collective, individual or an enterprise, the decision issuing agency or person shall have to compensate for the damage according to provisions of law.

Article 6.- The ministries and branches having the function of inspection, control or investigation shall have the following concrete tasks:

1. The Ministry of Trade: To exercise State management of the trading activities (including import and export, trading in material and consumer goods, commercial service) of all economic sectors throughout the country, including commercial activities of foreign organizations and individuals licensed to operate in Vietnam; to exercise State management over the activities in consultancy, brokerage, fairs, commercial advertisement, goods presentation, and other activities of trade promotion in the country and in their relations with foreign countries; to coordinate with the specialized agencies having the function of managing goods quality and measurement in all trade and service activities; to join other specialized agencies of the State in fighting against the production and trading of banned goods, and the circulation of smuggled goods on the market; to examine and handle the administrative violations in the domain of commerce and service under their jurisdiction.

The Ministry of Trade shall be responsible for organizing the coordination of actions among the branches and echelons, in the fight against smuggling and other acts of illicit trade stipulated in Article 1 of Decree No.35-CP on the 25th of April, 1994 of the Government and this Regulation.

2. The General Customs Department: To control and supervise imports and exports, including goods temporarily imported or exported, or on transit; to collect import and export tax; to take the main responsibility for the fight against smuggling or illegal transportation of goods and currencies across the border; to preside over the coordination of the forces having the function of control at the border and the border gates, in the fight against smuggling or illegal transportation of goods and currencies across the border; to exercise the right to prosecution under the Law of Criminal Proceedings, and to handle the administrative violations concerning customs.

3. The Ministry of Finance (The General Taxation Department): To direct the collection of tax in all trading activities on the market, to direct the control and inspection of the observance of the tax laws; to preside over and coordinate with the State agencies and other specialized forces in the various branches and at various echelons, to fight against tax fraud and evasion; to handle the violations of the tax policies as prescribed by law.

4. The Vietnam State Bank: To organize the supply and circulation of currencies, aimed at meeting the demand of production and business; to direct the commercial banks to effect measures to maximize the mobilization of foreign exchange circulating freely on the market into the bank system; to manage well the circulation of gold, silver and gems on the market; to coordinate with the Ministry of Trade and the General Customs Department in controlling the foreign exchange entering and going out of Vietnam, related to the import and export of commodities and services.

5. The Ministry of Science, Technology and Environment: To preside over the direction of the drafting and promulgation, inspection, control and observance of the State norms on product quality and measurements, the regulations on trade marks, industrial property, environmental sanitation, under the State managerial function of the Ministry; to provide professional guidance, and to coordinate with the branches and localities, in the fight against counterfeits and substandard goods produced and circulated on the market.

6. The Ministry of Health: To organize the direction of the inspection and control of medical consultation and treatment service; the production and trading of pharmaceutical materials, medicine, medical equipment..., to manage the list of imported pharmaceutical materials and medicine.

7. The State Inspectorate: To direct the inspectorate in various branches and at various echelons to inspect the observance of law, in the production and trading activities of the business agencies and units..., in order to detect cases of smuggling and illicit trade, and inspect the observance of law by the State agencies, the market management forces, the fight against smuggling and illicit trade, so as to detect in time and prevent in time law-breaking acts in these organs and forces; to propose measures of amendment and supplement to the mechanism and policies aimed at overcoming loopholes and shortcomings.

8. The Ministry of Defense: To direct the various echelons in the entire army to strictly implement the undertakings, policies and laws of the State and the army, to regularly inspect and control the units in the army, in order to prevent, detect and handle in time the cases of smuggling and illicit trade, when requested by the Presidents of the People's Committees of provinces and cities directly under Central Government, or the Ministry of Trade and specialized branches.

9. The Ministry of the Interior: To direct the People's Police and the Border Guard to detect, arrest, investigate and handle according to law the cases of smuggling and illicit trade, especially the major and important cases; to coordinate and support the forces assigned to fight against smuggling at the border and the border gates; to control or preside over the coordination with the other branches and forces in controlling and fighting against smuggling and illegal transportation of goods across the border on land, on the sea, and at offshore islands where no customs service is stationed. To support and cooordinate with the branches and other forces when requested, including the use of manpower and means, to arrest in time the cases of smuggling or illegal transportation of goods and currencies across the border.

10. The Ministry of Culture and Information: To direct the organization of management of the market of cultural products, the cultural and artistic services, printing and publication, to fight against the acts of smuggling and illicit trade in cultural products, to direct the mass media in the campaign to fight against and detect cases of smuggling and illicit trade; to ensure the contents of information, to coordinate with the Ministry of Trade in assuring the truthfulness and accuracy of the advertisements.

11. The Ministry of Justice: To preside over and coordinate with the State agencies in revising the legal documents in order to detect the loopholes in State management, to propose amendments and supplements; to coordinate with the specialized branches in inspecting and controlling the market, to draft legal documents on the administrative sanctions in the domain of commerce and service.

12. The Ministry of Communication and Transport: To direct the organization of management of transport, to fight against the acts of smuggling and illicit trade on the transport means on land, on rivers, on the sea, and by air. To coordinate with the specialized branches in organizing the inspection, control, and prevention of the illegal transportation of banned and contraband goods on the transport means. To mete out strict penalties against the offending persons and means.

13. Other ministries and production branches shall base themselves on their function and tasks to organize well the management of production and business, and the fight against acts of smuggling and illicit trade, with a view to stabilizing the market, promoting production, and expanding goods circulation.

Article 7.- The responsibility of the People's Committees in the provinces and cities directly under the Central Government in the domain of market management and the fight against smuggling and illicit trade is defined as follows:

1. To organize well the market in the locality, aimed at promoting development of production, and expanding goods circulation according to prescriptions of law.

2. To strictly implement the regulations of law, the undertakings, policies and regimes, and the direction of the National Assembly, the Government, the Prime Minister, the ministries and branches at the center, on market management, on the fight against smuggling and illicit trade; not to issue regulations or instructions contrary to the higher levels, in order to avoid causing adverse impact on the socio-economic order, and providing loopholes for the exploitation by the corruptionists and smugglers.

3. To direct the branches and echelons, and specialized forces in the locality, to inspect, control and supervise the business activities in the locality, in the observance of law on market management, prevent, detect and handle in time the acts of smuggling and illicit trade.

4. To coordinate with the State agencies, the forces having the function of inspecting and controlling the market at the center and in other localities, in organizing local market management and in the fight against smuggling and illicit trade.

5. To direct the handling of the cases of smuggling and illicit trade in the provinces and cities under their jurisdiction, according to the prescriptions of law. At the same time, they shall take responsibility for these decisions. In case of a wrong decision, which causes material and economic damage to a collective or individual enterprise, they shall have to pay compensations.

6. To make timely proposals to the Government, the ministries and the branches at the center, to amend and supplement the mechanism, policies and legal documents related to market management and the fight against smuggling and illicit trade.

Chapter III

COORDINATIVE RELATIONS AMONG STATE AGENCIES

Article 8.- Depending on the specific requirements in each period and in each locality, and in accordance with the function of the State agencies in market management and in the fight against smuggling and illicit trade, the State agencies shall have to take the initiative in establishing relations of coordination of actions as follows:

1. In the elaboration of plans and programs of work, undertakings and policies of management in each branch, area and locality: with regard to the issues related to other branches or localities, when elaborating policies, plans and programs of work, they shall have to discuss and reach agreement with the other agencies, before taking decisions or before submitting them to the higher echelon for decision.

2. To regularly exchange opinion and supply information on market forecast, on market management within their branches and in the localities; on the situation of smuggling and illicit trade; on the situation of smuggling and illicit trade; on the result of the fight against smuggling and illicit trade of their branches or localities in each period.

3. To coordinate actions in directing the uniform implementation of the administrative, economic, educational, explanatory and organizational measures to strengthen market management, and the fight against smuggling and illicit trade.

4. To coordinate in directing the implementation of inspection, control, supervision, investigation and detection, arrest and handling of the cases of smuggling and illicit trade, ranging from the supply of information about the offenders to organizing the forces and means to carry out the arrest. In handling a case, there should be discussion and agreement among the participating parties. The inspection, control and supervision must strictly abide by the regulations of Instruction No. 424-TTg on the 23rd of August, 1993, avoid overlappings or repetitions or prolongation, in order not to cause inconveniences or difficulties to the persons subject to control... In the process of inspection and control, if they detect that the organizations or individuals subject to control and supervision have suspicious acts which go beyond their function and power, the inspection and control units must notify, and hand over the cases to other specialized agencies, to consider and handle them according to law. When necessary, they may organize the inter branch force to coordinate in the inspection or control. The State agency, which presides over the inter branch inspection, shall have the main responsibility in the control and in the handling of the result of the control, according to its jurisdiction and prescriptions of law.

Article 9.- As the agency to exercise unified direction of market management, and preside over the coordination among the different branches and echelons in the fight against smuggling and illicit trade, the Ministry of Trade has the following responsibilities and powers:

1. Responsibilities:

a/ To preside over the coordination of activities among the State agencies, according to the direction stipulated in Article 8, in order to achieve unity of action in the direction of market management, and in the fight against smuggling and illicit trade on the national scale.

b/ To monitor and supervise the State agencies in various branches and at various echelons, in the realization of the undertakings, policies and laws of the State in market management, and in the fight against smuggling and illicit trade.

c/ To review the market situation, the market management work, and the fight against smuggling and illicit trade throughout the country, and report to the Prime Minister and propose methods of direction. At the same time, it shall have to notify the various branches and echelons.

2. Powers:

a/ To request the State agencies at different branches and echelons, to supply information and report in time on the market situation, the market management work, the fight against smuggling and illicit trade in each branch, each area, and each locality under its jurisdiction.

b/ To propose to the State agencies concerned to take necessary measures to supplement or remedy deviations, in order to achieve unity and uniformity in the direction of the work. If these proposals are not accepted by the concerned State agencies, the Ministry shall have to report to the Prime Minister, and at the same time notify the concerned agencies.

c/ To preside over the coordination of interbranch inspection when necessary, and in case of emergency, may request the concerned agencies to supply manpower and means, to check and arrest in time the cases of smuggling and illicit trade.

d/ To examine and decide, or accept the proposals, to set up interbranch control posts on a number of river and land routes leading to or out of the border areas, after consulting with the concerned branches at the center and the People's Committee in the locality where the post is set up.

e/ To convene monthly, or for irregular meetings, the State agencies having the function of market management and fighting against smuggling and illicit trade, in order to review the work, draw experiences, and discuss measures of coordination of actions, in the management of the market and the fight against smuggling and illicit trade.

Article 10.- The State agencies having the function of market management and fighting against smuggling and illicit trade at the center and in the localities, have the following responsibility of coordinating with the Ministry of Trade.

1. To assign a member of the leadership (Vice Minister, Deputy General Director of General Department, Vice President of the People's Committee) to take charge of directing the market management work of the branch or locality, and the fight against smuggling and illicit. At the same time, to act as the center for coordinating activities with the Ministry of Trade.

2. To carry out the regime of regular or emergency information and reporting to the Ministry of Trade, according to the common regulation of the Government, about the market situation, market management work, and the fight against smuggling and illicit trade in the branch or locality, so that the Ministry of Trade may draw up synthetic report to the Government and the Prime Minister, and inform the other branches and echelons.

3. To take part in the meetings convened by the Ministry of Trade, and prepare the necessary documents for the meetings, at the request of the Ministry of Trade.

4. To appoint officials and experts of its agency, to take part in the settlement of the common work in the coordination of action, at the request of the Ministry of Trade.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 11.- This Regulation takes effect from the date of its issue.

Article 12.- Basing themselves on the functions, tasks and powers of the State agencies defined by law and this Regulation, the Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, and the President of the People's Committees of the provinces and cities directly under the Central Government have the responsibility:

1. To draw up the plans, and concrete programs of work to direct the market management work in their branches and localities, and the fight against smuggling and illicit trade.

2. Basing themselves on this Regulation, the provincial People's Committees shall issue their own regulations, on the responsibilities and the coordinative relations among the branches and echelons in their localities.

Prime Minister

VO VAN KIET