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THE MINISTRY OF TRADE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
269-TM/QLTT
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Hanoi,
March 30, 1995
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DECISION
TO ISSUE THE REGULATIONS ON THE MANAGEMENT
AND USE OF THE MARKET MANAGEMENT BADGES, MARKET CONTROL CARDS, AND MILITARY
WEAPONS BY THE MARKET MANAGEMENT FORCE
THE MINISTER OF TRADE
Pursuant to Decree No.95-CP
on the 4th of December 1993 of the Government on the function, tasks and powers
of the Ministry of Trade;
Pursuant to Decree No.10-CP on the 23rd of January 1995 of the Government on
the organization, tasks and powers of the Market Management Force;
Pursuant to Decree No.175-CP on the 11th of December 1964 and Decree No.94-HDBT
on the 2nd of July 1984 of the Council of Ministers (now the Government) and
other current State regulations on the management and use of weapons and
explosives;
At the proposal of the Director of the Market Management Department,
DECIDES
:
Article 1.- To issue, together with this Decision, the
Regulations on the Management and Use of the Market Management Badges, Market
Control Cards, and Military Weapons by Market Control and Supervision Force.
Article 2.- These Regulations
take effect from the date of their signing. All stipulations made earlier which
are contrary to these Regulations are now annulled.
Article 3.- The Head of the
Ministerial Office, the Directors of the Statute Department and the Finance -
Accounting Department, the Director of the Trade Service, and the Heads of the
Market Management Offices at various levels shall have to organize the
implementation of this Decision.
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FOR THE MINISTER OF TRADE
VICE MINISTER
Truong Dinh Tuyen
REGULATIONS
ON THE MANAGEMENT AND USE OF THE MARKET
MANAGEMENT BADGES, MARKET CONTROL CARDS AND MILITARY WEAPONS BY THE MARKET CONTROL
AND SUPERVISION FORCE
(issued together with Decision
No.269/TM-QLTT on the 30th of March 1995 of the Ministry of Trade)
I. GENERAL PROVISIONS :
Article 1.- The Market Management badges, market control
cards and military weapons supplied to the market control and supervision force
can be used only when it is on duty.
Article 2.- The public employees
of the Market Management Force who are supplied with the Market Management
badges and market control cards and assigned the task of managing and using
military weapons and other equipment, must strictly observe law and other
regulations of the State and of the Ministry of Trade.
Article 3.- The use of these
equipments for purposes other than prescribed (such as lending them to others,
using the card and weapon to intimidate others, buying, selling or exchanging
them, using the weapons for hunting, or causing explosions as substitutes for
firecrackers during festive occasions) is strictly prohibited.
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II. REGULATIONS ON THE MANAGEMENT AND USE OF THE MARKET MANAGEMENT
BADGES AND MARKET CONTROL CARDS.
Article 4.- The public employees
of the Market Management Force, who go to work or on mission, attend a meeting,
or perform the task of controlling and supervising the market, must wear the
uniform and badge of the Market Management Force. When inspecting a unit or
individual engaged in trade or service activities on the market, they must
present the controller's card and other necessary papers (control order) to the
unit or individual concerned.
Article 5.- The Market Management
badge is issued to all public employees working in the Market Management Force
at the central and local levels. The market control card is issued only to
those public employees who are assigned the task of directly controlling and
supervising the market with the following conditions :
1. They are officials and
members of the staff employed by the State, are on the payroll of market
controllers, and are fully qualified under State regulation.
Not entitled to the card are
those who are suspended from their work, who are being disciplined, or who are
being examined for penal liability.
2. They are assigned the task of
controlling and supervising the market.
Article 6.- The Ministry of Trade
empowers the Director of the Market Management Department to issue the Market
Management badge and the market control card (according to the models issued
together with Decree No.10-CP on the 23rd of January 1995 of the Government) on
a national scale as follows :
1. The Market Management
Department shall have the badges made and the cards printed according to the
models defined by the Government, and on behalf of the Ministry, shall consider
the applications and issue these badges and cards to those public employees
working in the Market Management Force at the central and local levels, and
report the results of the issue to the Ministry's leadership.
2. Procedure of applying for the
badges and control cards :
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- The Market Management Offices
of the provinces and cities shall draw up the lists of the applicants, keep
back the C.V. of the applicants, and send the lists with the 4 photographs of
each applicant enclosed in an official dispatch proposing the issue of market
control cards and badges to the Market Management Department.
With 30 days after receipt of
the duly made dossiers, the Market Management Department shall consider whether
or not to issue market control cards and Market Management badges to the public
employees proposed by the local Market Management Office.
Article 7.- When issuing the
Market Management badges and control cards, the Market Management Department
must see to it that all the letters on the Market Management badge are printed
and the letters on the market control cards are typed, and not written by hand,
erased, or corrected.
The Market Management Department
must keep a record on the issue of badges and control cards, and carefully
manage and preserve it.
Article 8.- Only those public
employees who have been issued control cards can inspect the observance of law
on trade and service activities on the market and handle violations within
their power as stipulated by law.
Before issuing market control
cards to public employees in its unit, the local Market Management Office must
make known to each of them the regulations on the management and use of control
cards, and must retrieve the old cards before issuing new cards to them.
The control cards are valid for
2 years. When members of the Market Management Force are transferred to other
work, retire, or are disciplined, the local Market Management Office must
withdraw their cards, report it to the Department, carefully keep the cards,
and produce them upon request by the Department.
Article 9.- The control cards and
badges must be kept carefully. If the cards or badges are worn out by use, they
can be replaced with new ones, but the old ones must be retrieved. In case a
member of the Market Management Force loses his/her card, he/she must send an
application explaining the reason of the loss, report it immediately to the
Head of the unit and the local police station for help in its recovery, at the
same time to announce over the mass media to prevent its misuse. If the lost
card cannot be found within one month, then the Market Management Office of the
province or city concerned must send a dossier to the Department requesting the
issue of another card. In case a badge is lost, the local Market Management
Office must send an official dispatch enclosed with an application of the
public employee concerned to the Market Management Department explaining the
circumstances of the loss and requesting the issue of another badge.
III. REGULATIONS ON THE MANAGEMENT AND USE OF MILITARY WEAPONS
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The Ministry empowers the Market
Management Department to work with the Ministry of Defence to supply the
above-mentioned military weapons to the market control and supervision force in
the whole country, and to contact the Ministry of the Interior for guidance on
the granting of licenses for the use of the military weapons supplied.
Article 11.- Within 10 days at
the latest after receiving the military weapons (from whatever source), the
local Market Management Office must apply to the provincial or municipal police
station for the granting of licenses for the use of the military weapons
supplied.
The local Market Management
Office must keep a record of each kind of weapons supplied, and only after
receiving a license for the use of a weapon can it hand the weapon over to a
member of its force for use as stipulated at Article 12 of these Regulations.
In case the weapons are still
kept in storage, the Office must assign persons to protect them, and furnish
the storage with all the necessary safety equipment.
Article 12.- The management and
use of military weapons must comply with the current regulations of the State,
namely:
1. After receiving military
weapons, the unit must organize a course to study the regulations of the
Government, the Ministry of Defence and the Ministry of the Interior on the
use, management, maintenance and transport of weapons, and the skilful use of
military weapons equipped.
2. All military weapons must be
kept at the office building. When it is necessary for market controllers to
bring along weapons on a mission, the Head of the Office must issue a
certificate, and the weapon user must bring along the necessary papers :
mission certificate, the license issued by the provincial or municipal police
for use of weapons, control card, and other papers to produce to the authorized
persons upon request.
3. Users must always keep their
weapons with them and not to leave pistols in their rucksack or handbag, or tie
them to their bicycles or motorbikes.
4. Never use weapons carelessly,
at variance with the stipulations, or the purpose defined.
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Those who are given weapons for
keeping and using must bear full responsibility for any loss, damage, or
accidental explosion. In case he/she loses his/her weapon, he/she must send an
application to the Head of his/her Office and the police station (which issued
the license for use of weapon) explaining the reason of the loss; if he/she
loses it on the way to carry out an assignment, he/she must report it to the
nearest police station asking for help to recover it.
6. The Head of the Unit must
regularly inspect the maintenance and use of military weapons and the
observance of the regulations on the use of military weapons at his unit. At
regular intervals (every 6 months and at year-ends), he must send a report in
writing on the state of military weapons at his unit to the provincial or
municipal police office.
7. When they are transferred to
other work, retire or are disciplined, the members of the unit, who are given weapons
for maintenance and use, must return the weapons, licenses and other related
papers to their unit. The transfer of weapons must be made carefully and
registered.
Article 13.- Regulations for
firing a gun when necessary (excerpts from Part II, Article 1, of Decree
No.94-HDBT on the 2nd of July 1984 of the Council of Ministers, now the
Government) :
"While performing the task
of defending political security and social order and safety, those persons
equipped with weapons can open fire on the following persons only after they
have already fired a warning shot and the persons concerned fail to obey,
except in special urgent cases in which there is no other measure to
immediately stop the person concerned from acts that are likely to cause
serious consequences, or when the weapon user exercises their legitimate right
to self-defence as stipulated by law:
1. Those who are resorting to
violence to cause unrest, who carry out acts of sabotage, who manhandle
officers or soldiers on guard, or who attack the persons or targets being
defended.
2. Those who are undermining
prisons to release prisoners; who are rioting, robbing weapons, destroying
prisons, or using force to threaten the officers and soldiers who are
performing the task of controlling, guarding or escorting prisoners; the
dangerous criminals who are being detained, escorted or wanted for arrest, but
who attempt to es e.
3. Those who disobey order from
the officers and men who are patrolling or keeping guard by using force to
resist them, seriously threatening the life of the officers on duty, or the
life of other people.
4. The robbers and hooligans who
are committing murder or rape, causing serious disorder, or who are using force
to rob or destroy socialist property or the property of citizens.
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The officers and men on duty
must be cautions when there are other people in the means of transport or
around".
IV. ORGANIZING IMPLEMENTATION OF THE REGULATIONS:
Article 14.- The Market
Management Offices of the provinces and cities must pay for the cost of making
the Market Management badges and control cards to the Market Management
Department when they receive these badges and cards from the Department (or
from the Department's representative in Ho Chi Minh City). This expenditure
shall be deducted from the budget allocations supplied to the unit for its
operation.
Article 15.- The expenditure for
the purchase of military weapons for the market control and supervision force
shall be funded by the State budget.
The equipment and purchase of
weapons shall be made in accordance with Circular No.206-TT/LB on the 23rd of
June 1993 of the Ministry of Finance and the Central Steering Committee for
Market Management.
Article 16.- If any problem
arises in the process of implementing these Regulations, the Market Management
Department should report it to the Ministry for consideration and settlement.