Laws of Vietnam

THE GOVERNMENT

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

Pursuant to Decree No.95-CP on the 4th of December, 1993 of the Government defining the function, tasks, powers and organization of the apparatus of the Ministry of Trade, and Decree No.35-CP on the 25th of April, 1994 of the Government on the reorganization of the direction of market management and the fight against speculation and smuggling;

At the proposal of the Minister of Trade and the Minister-Chairman of the Government Commission on Organization and Personnel;

DECREES:

I. THE SYSTEM OF MARKET MANAGEMENT ORGANIZATION

Article 1.- Market management is the specialized forces organized from the Center to the district, with the function of inspecting and controlling the market, and combating the violations of law in commercial activities on the market throughout the country.

The Minister of Trade shall take responsibility before the Government to exert unified leadership of the market management force, in terms of organization, personnel standard as well as in professional equipment, in order to ensure good performance of the assigned task.

The People's Committees in the provinces and cities directly under the Central Government (hereunder called province) shall take responsibility before the Government to manage, direct and inspect the activities of the market management forces in their localities, in order to ensure serious enforcement of law in commercial activities in the province.

Article 2.- The system of market management organization comprises:

1. At the Center: to set up the Market Management Department attached to the Ministry of Trade, on the basis of the merger of the specialized apparatus of the Central Committee for Directing Market Management already incorporated into the Ministry of Trade, and the Market Management Department of the Ministry of Trade.

2. In the provinces: To set up the Market Management Sub-Department attached to the Trade Service, on the basis of the reorganization of the specialized apparatus of the existing Provincial Committee for Directing Market Management.

3. In the districts, towns and cities under the provinces (hereunder called district): Basing himself on the practical needs in each locality, the President of the People's Committee in the province shall decide the setting up of Market Management Teams attached to the Sub-Department to operate on the territory of a district or an inter-district, on the basis of reorganizing the existing Market Control Teams in the localities.

The Market management agencies at various levels (the Market Management Department, Sub-Department and Team) have their own seals and accounts at the State Treasury.

Article 3.- The apparatus of the market management organization at various levels is organized as follows:

1. The Market Management Department is headed by the Department Head who is assisted by one or two Deputy Department Heads. The Minister of Trade shall decide on the nomination and dismissal of the Head and Deputy Heads of the Department.

The Department has a representative office in Ho Chi Minh City, which may use the seal and open its accounts at the State Treasury where its office is located.

2. The Market Management Sub-Department is headed by the Sub-Department Head (whose rank is equivalent to the Deputy Director of a provincial service). He is assisted by one or two Deputy Heads. The nomination and dismissal of the Sub-Department Heads is decided by the President of the People's Committee of the province. The nomination and dismissal of the Deputy Heads of Sub-Department is decided by the Director of the Trade Service, after consultation with the Organization Commission of the provincial administration.

3. The Market Management Team is led by the Head of Team who is assisted by one or two Deputy Heads. The nomination and dismissal of the Head and Deputy Heads of Team is decided by the Director of the Trade Service.

II. TASKS AND POWERS OF THE MARKET MANAGEMENT AGENCY

Article 4.- The Market Management Department is the agency to assist the Minister of Trade in performing the function of State management, and organizing and directing the inspection and control of the market, combating the violations of law in commercial activities in the market in the domestic market. The Market Management Department has the following tasks and powers:

1. To control the observance of law and the policies, regimes and regulations in commercial activities on the market. To propose to the Minister of Trade necessary undertakings and measures to strictly enforce law, and the policies and regimes in this domain.

2. To compile legal documents on the organization for managing the control and inspection of the market, the administering of sanctions against administrative violations in commercial activities, the statute of controlling the market, and the policies and regimes regarding the State employees engaged in market management at different echelons for the Ministry of Trade to submit to the Government for promulgation, or to promulgate by the Ministry itself in accordance with its jurisdiction.

3. To detect and suggest to the Minister of Trade so that the latter may settle, according to his jurisdiction defined at Article 25, 26 and 27 of the Law on Organization of the Government, concerning the documents issued by the branches and levels having a content which contravenes the law on market management in commercial activities.

4. To direct the activities in the inspection and control of the market, and administer administrative fines under its jurisdiction against the violations in commercial activities.

5. To regularly assist the Ministry of Trade in organizing the coordination among the different State agencies in various branches and levels with the function of market management, in the fight against speculation, smuggling and other acts of illicit business.

6. To assist the Ministry in monitoring, managing the organization, the government employee norms, the equipment and insignias of the market management forces; guide the professional training, and inspect and control the activities of the market management agency and government employees in their locality; to propose to the Minister of Trade to issue control card to the market control workers at different levels.

7. To manage and carry out the policies and regimes regarding government employees of the Department as assigned by the Ministry; to manage the property assigned to it in accordance with regulations of the State.

Article 5.- The Market Management Sub-Department shall assist the Director of the Trade Service in performing the function of State management, and organizing the implementation of the inspection and control of the market, and fight against acts of violations of law in commercial activities within the province, as assigned by the President of the People's Committee. The Market Management Sub-Department has the following tasks and powers:

1. To inspect law compliance of the commercial activities of the organizations and individuals in the province. To suggest to the Trade Service and the provincial People's Committee the plan and measures to organize the market, assure the circulation of commodities according to law, prevent and handle in time the violations in commercial activities in the province.

2. To form and directly guide the Market Management Teams in the execution of the plan of inspecting and controlling the market, and handling according to its competence the violations of law in commercial activities.

3. To manage the personnel, budget and equipment, professional training and the building of material bases for the market management forces in the locality.

4. To regularly assist the Director of the Trade Service to organize the cooperation of the activities of the different branches and levels in the locality having the function of market management, and to fight against speculation, smuggling and other acts of illicit trade.

Article 6.- Market control employees are assigned the takes of inspecting and controlling the enforcement of law in commercial activities in the market in the country. While on mission, they must observe law and the working statute on market management, and take responsibility for their activities. When detecting signs of violation, the market control employees are entitled:

1. To ask the concerned organizations and individuals to supply the necessary information, documents and figures related to the inspection.

2. To inspect the place of production, storage of illicit commodities and objects.

3. To make a record of administrative offences; to decide to apply or propose the authorized State agency to apply administrative preventive measures as prescribed by law; to handle the violations within their competence, or refer to the authorized State agency for handling the violations of law in commercial activities.

4. To use weapons and other specialized means as prescribed by law (including automobiles, large-caliber motorcycles, and communications equipment) to discharge their inspection task.

1. The market control employees credited with meritorious services in the discharge of their task of inspection and control and in the effective fight against acts of violation of law in commercial activities, shall be commended and rewarded according to the common regulations of the State. If they are wounded or killed while on mission, they shall enjoy the same regimes as applied to wounded soldiers and fallen heroes.

2. The market control employees who misuse their positions and powers to act in contravention of law, causing hindrances to the circulation of commodities and to the lawful business activities, or causing losses in property to business people, or who cover up the violation, or misappropriate or illegally use the confiscated money, evidences or equipment, or who take other negative acts, shall be disciplined, have to make compensations for the losses, or be investigated for penal liability.

III. PERSONNEL, BUDGET ALLOCATION AND THE REGIME OF EQUIPMENT FOR MARKET MANAGEMENT

Article 8.- The market management personnel belongs to the personnel under State management to be defined by the Government. The whole of the expenditures for the activities of the Department, Sub-Departments and the Teams for Market Management, including salaries and allowances, shall be covered by the State budget. All revenues in the process of carrying out the inspection work and handling of violations shall be remitted to the State budget.

Article 9.- The market management employees receive their salaries according to the civil servant grades. They are issued with uniform, insignias, ID plates, grade badges and control cards of market management in a uniform way throughout the country issued by the Minister of trade.

Issued along with this Decision is an appendix on the models of the insignia, ID plates, grade badges and control cards of market management.

IV. IMPLEMENTATION PROVISIONS

Article 10.- The Minister of Trade shall detail the tasks, powers and organization of the Market Management Department, its personnel within the total personnel of the Ministry.

The Minister of Trade shall, after consulting with the Minister-Chairman of the Government Commission on Organization and Personnel, provide detailed guidance on the tasks, powers and organization of the Sub-Department and the Teams for Market Management in the localities.

Article 11.- This Decree takes effect from the date of its promulgation. The earlier regulations contrary to this Decree are now annulled.

The Minister of Trade, the Minister-Chairman of the Government Commission on Organization and Personnel, the other Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, and the Presidents of the provinces and cities directly under the Central Government shall have to implement this Decree.

On behalf of the Government

Prime Minister

VO VAN KIET

ON THE MODELS OF THE INSIGNIA, IDENTITY PLATE, GRADE BADGE AND CONTROL CARD OF MARKET MANAGEMENT

(Issued together with Decree No.10-CP on the 23rd of January, 1995 of the Government)

I. INSIGNIA:

The market management insignia is pinned on the front side of the cap. It is made of brass, round in shape, 32 mm in diameter. The face of the insignia has a green background with a five-pointed golden star set against a round red background. The insignia is bordered by the figure of two yellow rice ears, with their stalks connected to the "historic wheel" also in yellow color. On the wheel are the letters QLTT (Market Management) in red, arranged along the curve of the wheel. The insignia is pinned to a conifer leaf in white aluminum before being pinned to the cap (by Decision No.263-CT on the 18th of July, 1992 of the Chairman of the Council of Ministers, now the Government).

The market management insignia pinned on soft cap has the same disposition, but with lesser dimensions, with a diameter of 25 mm, and also with a leaf of conifer.

II. IDENTITY PLATE:

The market management ID plate is pinned on the top of the left pocket. Size: 50mm X 90mm bordered with a fine red edge against a yellow background, stuck with a portrait format 4cm X 6cm of the employee. The right part is divided into two sections: the upper section bearing the letters Market Management and the name of the province or city; the lower section shows the full name of the bearer, his position and registration number (the two first numbers are the serial number of the Team, the three last numbers are the serial number of the Team, the three last numbers are the serial number of the employee).

III. GRADE BADGE:

The market management grade badge is pinned on the jacket lapel. It is made of dark violet drape in parallelogram form, 52 mm long, 32 mm high, bordered by a yellow edge. The face of the badge is superposed by a market management insignia, 10mm in diameter, made of aluminum. Beside the insignia is one or several white five-pointed stars to represent the grade of the employee:

+ Four stars for a high-ranking controller.

+ Three stars for a principal controller.

+ Two stars for a controller.

+ One star for an intermediate controller.

The badge is pinned on the shoulder seam. It is made of dark violet drape bordered with a yellow edge, the bigger end is 36 mm large, the smaller edge is 30 mm (lightly pointed). At the lower edge is pinned a metal half-globe button bearing a relief insignia of market management. On the shoulder seam is pinned one or a number of white five pointed stars, with the number of stars corresponding to the grade of the employee (as the insignia badge pinned on the jacket lapel).

IV. MARKET CONTROL CARD:

The market control card is issued to the employee directly engaged in the inspection and control of the market. The card is made in hard cardboard, size 100mm x 140mm.

Front side: red background, left half is blank, right half on the upper part is the name of the country. Below is the market management insignia. Below the insignia are the letters Market Control Card. All the words are gilded.

Back side: Light yellow background printed with darker yellow designs (the design represents the market management insignia in the center with the abbreviations of the words Market Management projecting from the center).

On the left side of the card, from top to bottom:

- The words: Ministry of Trade (black letters)

- Serial number of the market management card (black)

- A portrait of the bearer, format 4cm X 6cm (marked with embossed seal)

- Valid time.

On the right side of the card, from top to bottom:

- Name of the country (in black letters)

- Market control card (red letters)

- Name of the bearer (black letters)

- ID number (black letters)

- Position

- Work unit

- Entitled to inspect and control the observance of law in commercial and service business on the market.

The Minister of Trade

(signed and sealed).-