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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
10-CP
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Hanoi,
January 23, 1995
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DECREE
ON THE ORGANIZATION, TASKS AND POWERS OF MARKET MANAGEMENT
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.
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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.
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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.
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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.
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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.
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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
APPENDIX
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).
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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).
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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:
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- 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).-