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MINISTRY OF INDUSTRY AND TRADE OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 07/VBHN-BCT
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Hanoi, April 05, 2023
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DECREE
ORGANIZATION AND OPERATION OF INSPECTORATES IN INDUSTRY AND
TRADE SECTOR
Government’s Decree No.
127/2015/ND-CP dated December 14, 2015 on organization and operation of
inspectorates in Industry and Trade sector, which comes into force from
February 01, 2016, is amended by:
1. Government’s Decree
No. 54/2020/ND-CP dated May 18, 2020 on amendments to some Articles of
Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization
and operation of inspectorates in Industry and Trade sector, which comes into
force from July 07, 2020.
2. Government’s Decree
No. 03/2023/ND-CP dated February 10, 2023 on functions, tasks, powers and
organizational structure of Vietnam Competition Commission, which comes into
force from April 01, 2023.
Pursuant to the Law on
Government Organization dated June 19, 2015;
Pursuant to the Law on
Inspection dated November 15, 2010;
Pursuant to the Law on
Handling of Administrative Violations dated June 20, 2012;
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Pursuant to the Law on
Protection of Consumers’ Rights
dated November 17, 2010;
Pursuant to the
Petroleum Law dated July 06, 1993; the Law on amendments to some Articles of
the Petroleum Law dated June 09, 2000 and June 03, 2008;
Pursuant to the Law on
Chemicals dated November 21, 2007;
Pursuant to the Law on
Commercial Activities dated June 14, 2005;
Pursuant to the
Competition Law dated June 12, 2018;
Pursuant to the Law on
Electricity dated December 03, 2004 and the Law on amendments to the Law on
Electricity dated November 20, 2012;
At the request of the
Minister of Industry and Trade of Vietnam,
The Government hereby
promulgates a Decree on organization and operation of inspectorates in Industry
and Trade sector. 1
Chapter I
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Article 1. Scope
This Decree provides for
organization and operation of inspection-conducting authorities in Industry and
Trade sector; inspectors in Industry and Trade sector; persons assigned to
carry out specialized inspection and inspection collaborators in Industry
and Trade sector; and responsibilities of agencies, organizations and
individuals for inspection in Industry and Trade sector.
Article 2. Inspected
entities
1. Agencies,
organizations and individuals under management by the Ministry of Industry and
Trade and Departments of Industry and Trade.
2. Agencies,
organizations and individuals that have obligations to comply with regulations
of law in sectors under state management by the Ministry of Industry and Trade
and Departments of Industry and Trade.
Article 3. Application
of International Treaty
If this Decree and the
International Treaty to which the Socialist Republic of Vietnam is a
signatory contain different regulations on the same issue, regulations of the
International Treaty shall be applied.
Chapter II
ORGANIZATION, TASKS AND POWERS OF
INSPECTORATES IN INDUSTRY AND TRADE SECTOR
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1. State inspectorates
include:
a) Inspectorate of the
Ministry of Industry and Trade (hereinafter referred to as “ministerial
inspectorate);
b) Inspectorates of
Departments of Industry and Trade (hereinafter referred to as “inspectorates of
provincial-level departments).
2. 2 Specialized
authorities assigned to conduct inspection of the Ministry of Industry and
Trade:
a) General Department of
Market Surveillance; provincial-level Market Surveillance Departments
b) Vietnam Competition
Commission3.
c) Vietnam Chemicals
Agency; Industrial Safety Techniques and Environment Agency; Electricity
Regulatory Authority of Vietnam; Industry Agency; Vietnam Trade Promotion
Agency; Vietnam E-commerce and Digital Economy Agency; Trade Remedies Authority
of Vietnam
Article 5. Position,
functions and organizational structure of ministerial inspectorate
1. The ministerial
inspectorate refers to an agency of the Ministry of Industry and Trade, which
assists the Minister of Industry and Trade (hereinafter referred to as “the
Minister”) in performing state management of inspection, reception of citizens,
settlement of complaints and denunciations and anti-corruption; conducts
administrative and specialized inspection; and receives citizens, settles
complaints and denunciations and organizes anti-corruption in accordance with
regulations of the law.
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The chief inspector of
the Ministry of Industry and Trade (hereinafter referred to as “ministerial chief
inspector”) is appointed or dismissed by the Minister after collection of
opinions from the Inspector General of the Government Inspectorate.
The deputy chief
inspector of the Ministry of Industry and Trade is appointed or dismissed by
the Minister at the request of the ministerial chief inspector. The
deputy chief inspector of the Ministry of Industry and Trade shall assist the
ministerial chief inspector in performing tasks assigned by the
ministerial chief inspector.
3. The ministerial
inspectorate has its own seal and account.
4. The ministerial
inspectorate has professional divisions to perform assigned tasks. The
Minister decides establishment of divisions of the ministerial inspectorate.
5. The ministerial
inspectorate shall be subject to the direction and management by the Minister
and the direction of inspection and professional guidance by the Government
Inspectorate.
Article 6. Tasks and
powers of ministerial inspectorate
The ministerial
inspectorate shall perform tasks and powers specified in Article 18 of Law on
Inspection and Article 7 of Government’s Decree No. 86/2011/ND-CP dated
September 22, 2011 on elaboration and provision of guidance on implementation
of some Articles of Law on Inspection, and the following tasks and powers:
1. Preside over or
participate in formulation of legal documents related to inspection in Industry
and Trade sector.
2. Formulate annual plan
for inspection and submit to the Minister for approval.
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4. Organize training and
refresher training in specialized inspection, receive citizens, settle
complaints and denunciations and organize anti-corruption.
5. Request specialized
authorities assigned to conduct inspection of the Ministry of Industry and
Trade to report on inspection under its management.
6. Monitor, inspect and
urge the implementation of conclusions, recommendations and inspection-related
decisions of the Minister and the ministerial chief inspector.
7. Monitor, inspect and
urge the implementation of complaint-related decisions, denunciation
conclusions and methods of handling denunciation of the Minister and Heads of
units under the Ministry of Industry and Trade.
8. Preside over or
participate in interdisciplinary inspectorates established by the Ministry or central
authorities.
9. Summarize and report
results of inspection, reception of citizens, settlement of complaints and
denunciations and anti-corruption under state management by the Ministry of
Industry and Trade, Government Inspectorate and relevant agencies.
10. Receive citizens,
settle complaints and denunciations and organize anti-corruption according to
regulations of law.
11. Conduct inspection
and provide guidance for agencies and units under the Ministry of Industry and
Trade on compliance with regulations of law on inspection, reception of
citizens, settlement of complaints and denunciations and anti-corruption.
12. Perform other tasks
and powers according to regulations of law.
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The
ministerial chief inspector shall perform tasks and powers specified in Article
19 of Law on Inspection and Article 8 of Government’s Decree No. 86/2011/ND-CP,
and the following tasks and powers:
1. Report to the Minister
and Inspector General of the Government Inspectorate on inspection, reception
of citizens, settlement of complaints and denunciations and anti-corruption
within his/her responsibility.
2. Conduct inspection of
responsibilities of Heads of agencies and units under management by the
Minister of Industry and Trade for compliance with regulations of law on
inspection, reception of citizens, settlement of complaints and denunciations
and anti-corruption.
3. Convoke officials and
public employees of agencies and units under the Ministry of Industry and Trade
to participate in inspection.
4. Assist the Minister in
monitoring, inspecting and urging agencies and units under management by the
Minister in reception of citizens, settlement of complaints and denunciations
and anti-corruption.
5. Perform other tasks
and powers according to regulations of law.
Article 8. Position,
functions and organizational structure of inspectorate of provincial-level
department
1. An inspectorate of
provincial-level department refers to an agency of Department of Industry and
Trade, which assists the Director of the Department in conducting
administrative and specialized inspection; receives citizens, settles
complaints and denunciations and organizes anti-corruption in accordance with
regulations of the law.
2. The inspectorate of
provincial-level department includes the chief inspector, deputy chief
inspectors, inspectors and other officials.
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The deputy chief
inspector of the Department of Industry and Trade is appointed or dismissed by
the Director of the Department at the request of the chief inspector of
provincial-level department. The deputy chief inspector of the Department of
Industry and Trade shall assist the chief inspector of provincial-level
department in performing tasks assigned by the chief inspector of
provincial-level department.
3. The inspectorate of
provincial-level department has its own seal and account.
4. The inspectorate of
provincial-level department shall be subject to the direction and management by
the Director of the Department and the direction of inspection and professional
guidance on administrative inspection by the provincial inspectorate and
specialized inspection by the ministerial inspectorate.
Article 6. Tasks and
powers of inspectorate of provincial-level department 4
An inspectorate of
provincial-level department shall perform tasks and powers specified in Article
24 of Law on Inspection and Article 13 of Government’s Decree No.
86/2011/ND-CP, and the following tasks and powers:
1. Monitor, inspect and
urge the implementation of conclusions, recommendations and inspection-related
decisions; complaint-related decisions and denunciation conclusions of the
Director and the inspectorate of provincial-level department.
2. Summarize and report
results of inspection, reception of citizens, settlement of complaints and
denunciations and anti-corruption under management by the Department of
Industry and Trade according to regulations of law.
3. Conduct inspection and
provide guidance for agencies and units under the Department of Industry and
Trade on compliance with regulations of law on inspection, reception of
citizens, settlement of complaints and denunciations and anti-corruption.
4. Preside over or
participate in interdisciplinary inspectorates established by the
Department or central authorities.
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Article 10. Tasks and
powers of chief inspector of provincial-level department
A chief inspector of
provincial-level department shall perform tasks and powers specified in Article
25 of Law on Inspection and Article 14 of Government’s Decree No.
86/2011/ND-CP, and the following tasks and powers:
1. Report to the Director
of the Department, the provincial
chief inspector and the ministerial chief inspector on inspection,
reception of citizens, settlement of complaints and denunciations and
anti-corruption within his/her responsibility.
2. Conduct inspection of
responsibilities of the Head of unit under the Department of Industry and Trade
for compliance with regulations of law on inspection, reception of citizens,
settlement of complaints and denunciations and anti-corruption.
3. Convoke officials and
public employees of agencies and units under the Department of Industry and
Trade to participate in inspection.
4. Assist the Director of
the Department in monitoring, inspecting and urging agencies and units under
management by the Director in reception of citizens, settlement of complaints
and denunciations and anti-corruption.
5. 5 (annulled).
6. Perform other tasks
and powers according to regulations of law.
Article 11. Tasks and
powers of specialized Departments and General Department assigned to conduct
inspection
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1. Formulate inspection
plans and send them to the ministerial inspectorate so that the ministerial
inspectorate submits such plans to the Minister for approval and
implementation.
2. Inspect the observance
of specialized laws, professional-technical regulations and rules for
management of sectors and domains assigned by the Minister.
3. Inspect cases with
signs of law violation when they are assigned by the Minister and the
ministerial chief inspector.
4. Monitor, inspect and
urge the implementation of their conclusions, recommendations and
inspection-related decisions.
5. Summarize and report
results of specialized inspection to the ministerial chief
inspector.
Article 12. 6 (annulled)
Article 13. Tasks and
powers of Heads of specialized authorities assigned to conduct inspection 7
Heads of specialized
authorities assigned to conduct inspection shall perform tasks and powers
specified in Decree No. 07/2012/ND-CP, and the following tasks and powers:
1. Impose administrative
penalties for violations as prescribed by law.
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3. Decide to assign
officials to conduct specialized inspection.
Article 14.
Specialized inspection advisory divisions at General Department and
equivalents agencies, Departments under the Ministry of Industry and Trade,
specialized Departments under General Department assigned to conduct inspection
8.
The specialized
inspection advisory division at General Department is operated in the
form of a Department; and Specialized inspection advisory divisions at
Departments of the Ministry of Industry and Trade and General Department are
operated in the form of Offices.
Chapter III
OPERATION OF INSPECTORATES IN INDUSTRY AND
TRADE SECTOR
Sector 1.
ADMINISTRATIVE INSPECTION
Article 15. Entities
subject to administrative inspection
The ministerial
inspectorate and inspectorates of provincial-level departments shall inspect
performance of assigned tasks, powers, policies and laws by agencies,
organizations and individuals specified in Clause 1 Article 2 of this Decree.
Article 16. Authority
to issue decision on administrative inspection
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Article 17. Procedure
for administrative inspection
Procedure for
administrative inspection shall comply with regulations in Article 44 through
Article 50 of Law on Inspection and Article 21 through Article 31 of Decree No.
86/2011/ND-CP.
Sector 2. SPECIALIZED
INSPECTION
Article 18. Entities
subject to specialized inspection
Agencies, organizations
and individuals specified in Clause 2 Article 2 of this Decree.
Article 19. Authority
to issue decision on specialized inspection
Authority to issue
decision on specialized inspection shall comply with regulations in
Article 51 of Law on Inspection, Article 14 and Article 15 of Decree No.
07/2012/ND-CP.
Article 20. Procedure
for specialized inspection
Procedure for specialized
inspection shall comply with regulations in Article 52 through Article 56
of Law on Inspection and Article 16 through Article 32 of Decree No.
07/2012/ND-CP.
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Observance of law on
electric safety; management of safety of hydroelectric dams and reservoirs;
safety of chemicals and liquefied petroleum gas; safety of industrial
explosives and explosive precursors; pressure and mechanical safety; safety of
coal mining; environmental protection under management scope; other contents
according to regulations of law.
Article 22.
Specialized inspection of industry 10
Observance of law on
mechanical engineering, metallurgy, mining and mineral processing industries
(except for types of minerals used for production of building materials and
cement products), consumer industry, food industry, bioindustry, supporting
industries, electronics industry and high-tech industry under management scope;
and other contents according to regulations of law.
Article 23.
Specialized inspection of energy
1. Observance of
specialized law on electricity under management scope:
a) Implementation of
contents in electricity licenses;
b) Operation of national
power system, including: forecast about load, connection, electrical
measurement, operation in the national electricity system, fault handling,
black start, ancillary services and electricity supply disconnection and
reduction; observance of regulations of law on load dispatching;
c) Observance of
regulations of law on electricity
prices and fees, including brackets of electricity generation prices,
electricity wholesale prices, electricity transmission prices, electricity
retail price, prices of ancillary services for power system, fees for operating
and regulating the power system and fees for regulating electricity market
transactions; regulations of law on electricity market;
d) Observance of
regulations of law on implementation progress and location, ash and slag
landfill of thermal power plants in the form of Build
- Operate - Transfer (BOT), other thermal power plants; regulations of law on
power grids, rural electricity and hydroelectricity;
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2. Observance of
specialized law on new energy, renewable energy and energy saving under
management scope; other contents according to regulations of law.
3. Observance of
specialized law on coal mining,
processing and infrastructure; coal recovery in mining and processing; coal
consumption and import; coal production and transportation costs under
management scope; other contents according to regulations of law.
4. Observance of
specialized law on petroleum including exploration of reserves, exploitation, transportation,
processing and distribution of petroleum; clearing of fixed works, equipment and vehicles
in service of petroleum activities; burning of associated petroleum gas; implementation of projects for exploration, exploitation,
transportation, storage, processing and distribution of petroleum products,
petroleum contracts under management scope; other contents according to
regulations of law.
5. Observance of
specialized law on liquefied petroleum gas, and petrol and oil production,
processing and trading under management scope; other contents according to
regulations of law.
Article 24.
Specialized inspection of chemicals 11
Observance of specialized
law on permissible content of toxic chemicals in electric and electronic
products, textile products, classification of chemicals according to GHS and
Material Safety Data Sheet; prevention
and response to chemical incidents in the field of industry; production and use
of chemicals in Tables 1, 2 and 3; conditions for production and trade in
industrial explosives; conditions for production and trade in explosive
precursors; production and trade in banned chemicals and chemicals on the list
of restricted industrial chemicals,
conditional industrial chemicals;
trade in toxic chemicals; chemical declaration; chemical use; chemical safety
training; other contents as prescribed by law.
Article 25. 12 (annulled)
Article 26.
Specialized inspection of food safety
Observance of specialized
law on food safety in the process of
production, processing, preservation, transportation, export, import and trade
in alcohol, beer, soft drinks, processed milk,
vegetable oil, processed flour and starch products, confectionery, packages and
other foods under management
scope; other contents as prescribed by law.
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Observance of specialized
law on import, export, temporary import for re-export, temporary export for
re-import, trade merchanting, in-transit transport of goods, entrusted import,
entrusted export; origin of goods under management scope; other contents as prescribed by law.
Article 28.
Specialized inspection of trade promotion
Observance of specialized
law on trade fairs, exhibitions, promotion, showrooms, product and service
introduction; establishment and operations of representative offices of foreign
trade promotion organizations in Vietnam under management scope; other contents as prescribed by law.
Article 29.
Specialized inspection of e-commerce
Observance of specialized
law on management of e-commerce
websites and e-commerce applications on mobile platforms; provision of
information and transactions in e-commerce; provision of e-commerce services; trustmark
accreditation for e-commerce websites;
evaluation and certification of personal information protection policies in
e-commerce; provision of e-contract authentication services; protection of
personal information in e-commerce under management scope; other contents as
prescribed by law.
Article 30.
Specialized inspection of trade 13
1. Observance of
specialized law on trade in goods via Mercantile Exchange,
border trade, commercial brokerage, good trade entrustment, commercial agents,
commercial processing, commercial assessment, franchise under management scope;
other contents as prescribed by law.
2. Adhoc inspection of production, export, import, trade in counterfeit
goods, banned goods, goods of unknown origin or origin fraud in case agencies,
organizations and individuals have signs of
law violation under management scope
or according to assignment by heads of competent state management agencies in
accordance with law.
Article 31.
Specialized inspection of competition and multi-level marketing 14
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Observance of specialized
law on multi-level marketing under management scope; other contents according
to regulations of law.
Article 32.
Specialized inspection of trade remedies
Observance of specialized
law on anti-dumping, countervailing and safeguard measures, and measures
against evasion of anti-dumping and countervailing duties under management
scope; other contents according to regulations of law.
Article 33.
Specialized inspection of protection of consumer rights
Observance of specialized
law on registration of contract forms and general transaction conditions in accordance with the law on protection of consumer rights
under management scope; other contents as prescribed by law.
Section 3. INSPECTION
PLANS, HANDLING OF OVERLAPS AND DUPLICATIONS IN
INSPECTION, INFORMATION AND REPORTING REGIME AND RE-INSPECTION
Article 34.
Formulation and approval for annual plans for inspection
1. The ministerial
inspectorate shall preside over and cooperate with Departments and General
Department under the Ministry, according to inspection program orientation,
guidelines of Inspector General of the Government Inspectorate
and requirements for management in formulating inspection plans and
submitting them to the Minister by November 15 every year. The Minister
will approve inspection plans by November 25 every year.
2. 15. Inspectorates
of provincial-level departments shall, according to inspection plans of the
ministerial inspectorate, the provincial inspectorates and requirements for
management, formulate inspection plans and submit them to Directors of
Departments of Industry and Trade by December 05 every year. Directors of
Departments of Industry and Trade shall approve inspection plans by December 15
every year.
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Article 35. Handling
of overlaps and duplications in inspection
1. If inspection plans of
the Ministry of Industry and Trade and Departments of Industry and Trade
contain overlaps and duplications, the inspection plan of the Ministry of
Industry and Trade shall be implemented.
2. The ministerial chief
inspector shall handle overlaps and duplications of scope, entities,
contents and time for inspection by the ministerial inspectorate,
inspectorates of General Department and Departments under the Ministry of
Industry and Trade assigned to conduct specialized inspection and submit to the
Minister for consideration; cooperate with chief inspectors of Ministries and
ministerial-level agencies in handling overlaps and duplications of
inspection by inspectorates of Ministries and ministerial-level agencies;
cooperate with provincial chief inspectors in handling overlaps
and duplications of inspection between inspectorates of the Industry and
Trade sector and local inspectorates.
3. 17 Chief
inspectors of provincial-level departments shall report to provincial chief
inspectors on handling overlaps and duplications of inspection between
Departments of Industry and Trade and local inspectorates.
4.18 General
Director shall handle overlaps and duplications of scope, entities,
contents and time for inspection by Departments under General Department in the
process of formulation of annual plans for inspection.
Article 36. Inspection
information and reporting regime
1. The ministerial inspectorate
shall report to the Minister and Inspector General of Government Inspectorate
on inspection, reception of citizens, settlement of complaints and
denunciations and anti-corruption within responsibility scope.
2. General Department and
Departments shall report to the ministerial inspectorate on
inspection, reception of citizens, settlement of complaints and denunciations
and anti-corruption within responsibility scope.
3. Inspectorates of
provincial-level departments shall report to the Directors of Departments,
provincial chief inspectors and the ministerial chief inspector on
inspection, reception of citizens, settlement of complaints and denunciations
and anti-corruption within responsibility scope.
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5. Agencies and units
under the Ministry of Industry and Trade shall send inspection conclusions and audit reports to the ministerial inspectorate within 10 days from the date of receipt of
inspection conclusions of inspectorates and audit reports of the State Audit.
Article 37.
Re-inspection
1. The ministerial chief
inspector decides re-inspection of cases that heads of specialized authorities
assigned to conduct inspection under the Ministry of Industry and Trade and
Presidents of the Provincial People's
Committees within scope and state management by the Ministry of Industry and
Trade have made conclusions but there are signs of law violations according to
assignment by the Minister.
2. 20
(annulled).
3. Procedure for
re-inspection shall comply with regulations in Article 48 through Article 52 of
Decree No. 86/2011/ND-CP and Article 33 through Article 38 of Decree No.
07/2012/ND-CP.
Chapter IV
INSPECTORS, PERSONS ASSIGNED TO CARRY OUT
SPECIALIZED INSPECTION AND INSPECTION COLLABORATORS IN INDUSTRY AND TRADE
SECTOR
Article 38. Inspectors
in Industry and Trade sector
1. Inspectors in Industry
and Trade sector refer to officials of the ministerial inspectorate and
inspectorates of provincial-level departments who are appointed to inspection
in order to conduct inspection in accordance with the law and other tasks as
assigned by the ministerial chief inspector and chief inspectors of
provincial-level departments.
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3. Inspectors in Industry
and Trade sector shall be provided with uniforms, cards, badges and signs, and
entitled to other regimes and policies according to regulations of law.
Article 39. Inspection
collaborators in Industry and Trade sector
1. Inspection
collaborators in Industry and Trade sector refer to people who are convoked by
the ministerial inspectorate and inspectorates of provincial-level departments
in order to participate in inspectorates.
2. Inspection
collaborators in Industry and Trade sector refer to people who are not on payrolls of state inspectorates and
have good moral characters; have
responsibility, integrity, honesty, fairness and objectivity; and have
professional qualifications in conformity with requirements and tasks in
inspection of convoking agencies.
3. Inspection
collaborators in Industry and Trade sector shall have duties, powers and responsibilities, and be entitled
to regimes and policies in accordance with the law on inspection and other
relevant laws.
Article 40. Persons
assigned to carry out specialized inspection at specialized authorities
assigned to conduct inspection 21
1. Persons assigned to perform
specialized inspection refer to officials of General Department and equivalent
agencies, Departments under the Ministry of Industry and Trade, and Departments
under General Department assigned to carry out specialized inspection who are
eligible according to regulations of their current official rank and standards
specified in Article 12 of Decree No. 07/2012/ND-CP and regulations of the
Minister of Industry and Trade.
2. Persons assigned to
carry out specialized inspection at General Department and equivalent agencies,
Departments under the Ministry of Industry and Trade, and Departments under
General Department shall be entitled to impose administrative penalties
according to regulations in Article 46 of Law on Handling Administrative
Violations and receive allowances when they carry out inspection according to
regulations of law.
Chapter V
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Article 41.
Responsibility of the Minister of Industry and Trade
1. Direct inspection under management by the Ministry of
Industry and Trade.
2. Approve annual plans
for inspection.
3. Promptly settle
conclusions and recommendations on inspection.
4. Ensure funding and
working conditions for the ministerial inspectorate and specialized authorities
assigned to conduct inspection under the Ministry.
5. Perform other tasks
and powers according to regulations of law.
Article 42.
Responsibilities of Presidents of the Provincial People’s Committees
1. 22 Direct
professional agencies under Provincial People’s Committees to ensure payrolls,
funding and working conditions for inspectorates of provincial-level
departments.
2. Direct training and
refresher training in inspection and ensure regimes and policies for
inspectors, officials of inspectorates of provincial-level departments and
officials assigned to carry out specialized inspection.
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1. Direct inspection
under management by Departments of Industry and Trade.
2. Direct formulation and
approval for annual plans for inspection.
3. Promptly settle
conclusions and recommendations on inspection.
4. Promptly resolve
difficulties and obstacles to inspection; handle overlaps and duplications of
inspection.
5. Perform other tasks
and powers according to regulations of law.
Article 44.
Responsibilities for cooperation between inspectorates of Industry and Trade
sector and relevant agencies and organizations
1. The ministerial
inspectorate shall cooperate with units affiliated to Government Inspectorate,
inspectorates of Ministries, central authorities, General Department and
Departments of the Ministry of Industry and Trade, provincial inspectorates,
inspectorates of provincial-level departments and relevant agencies in
inspection, settlement of complaints and denunciations and anti-corruption.
2. Inspectorates of
provincial-level departments shall cooperate with the ministerial inspectorate,
provincial inspectorates, district inspectorates, industry and trade
agencies affiliated to the People’s Committees of districts and relevant
agencies in inspection, settlement of complaints and denunciations and
anti-corruption.
Chapter VI
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Article 45. Effect
This Decree comes into
effect from February 01, 2016 and replaces Government’s Decree No.
117/2006/ND-CP dated October 09, 2006 on organization and operation of Industry
inspectorate in sector and Government's Decree No. 103/2004/ND-CP dated March
01, 2004 on organization and operation of Electricity inspectorate.
Article 46.
Responsibility for implementation
1. The Minister of
Industry and Trade organizes the implementation of this Decree.
2. Ministries, Heads of
ministerial agencies and Governmental agencies, the Presidents of People's
Committees of provinces and central-affiliated cities and relevant
organizations and individuals shall be responsible for implementation of this
Decree./.
CONFIRMED BY
PP. THE MINISTER
DEPUTY MINISTER
Nguyen Sinh Nhat Tan
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1 Government’s Decree No. 54/2020/ND-CP on amendments to some
Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on
organization and operation of inspectorates in Industry and Trade sector is
promulgated pursuant to:
“The Law on Government
Organization dated June 19, 2015;
The Law on
Inspection dated November 15, 2010;
The Law on
Handling of Administrative Violations dated June 20, 2012;
The Petroleum
Law dated June 07, 1993; the Law on amendments to some Articles of the
Petroleum Law dated June 09, 2000 and June 03, 2008;
The Law on
Electricity dated December 03, 2004 and the Law on amendments to the Law on
Electricity dated November 20, 2012;
Pursuant to the Law on
Commercial Activities dated June 14, 2005;
The Law on Chemicals
dated November 21, 2007;
The Law on Food Safety
dated June 17, 2010;
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The Law on Trade
Foreign Management dated June 12, 2017;
The
Competition Law dated June 12, 2018;
At the request of the
Minister of Industry and Trade of Vietnam,
The Government
promulgates Decree on amendments to some Articles of Government’s Decree No. 127/2015/ND-CP
dated December 14, 2015 on organization and operation of inspectorates in
Industry and Trade sector.”
Government’s Decree No.
03/2023/ND-CP on functions, tasks, powers and organizational structure of
Vietnam Competition Commission is promulgated pursuant to:
“The Law on Government
Organization dated June 19, 2015; the Law on amendments to some Articles of the
Law on Government Organization and Law on Local Government Organization dated
November 22, 2019;
The
Competition Law dated June 12, 2018;
The Law on Protection
of Consumers’ Rights dated November 17, 2010;
At the request of the
Minister of Industry and Trade of Vietnam;
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2 This Clause is amended
by Clause 1 Article 1 of Decree No. 54/2020/ND-CP on amendments to some
Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on
organization and operation of inspectorates in Industry and Trade sector, which
comes into force from July 07, 2020.
3 The phrase “Cục Cạnh
tranh và Bảo vệ người tiêu dùng” (“Vietnam Competition and Consumer Authority”)
is changed into “Ủy ban Cạnh tranh Quốc gia” (“Vietnam Competition Commission”) according
to regulations in Clause 5 Article 6 of Government’s Decree No. 03/2023/ND-CP
on functions, tasks, powers and organizational structure of Vietnam Competition
Commission, which comes into force from April 01, 2023.
4 This Article is amended
by Clause 2 Article 1 of Decree No. 54/2020/ND-CP on amendments to some
Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on
organization and operation of inspectorates in Industry and Trade sector, which
comes into force from July 07, 2020.
5 This Clause is annulled by
Article 2 of Decree No. 54/2020/ND-CP on amendments to some Articles of
Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization
and operation of inspectorates in Industry and Trade sector, which comes into
force from July 07, 2020.
6 This Article is
annulled by Article 2 of Decree No. 54/2020/ND-CP on amendments to some
Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on
organization and operation of inspectorates in Industry and Trade sector, which
comes into force from July 07, 2020.
7 This Article is amended
by Clause 3 Article 1 of Decree No. 54/2020/ND-CP on amendments to some
Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on
organization and operation of inspectorates in Industry and Trade sector, which
comes into force from July 07, 2020.
8 This Article is amended
by Clause 4 Article 1 of Decree No. 54/2020/ND-CP on amendments to some
Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization
and operation of inspectorates in Industry and Trade sector, which comes into
force from July 07, 2020.
9 This Article is amended
by Clause 5 Article 1 of Decree No. 54/2020/ND-CP on amendments to some
Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on
organization and operation of inspectorates in Industry and Trade sector, which
comes into force from July 07, 2020.
10 This Article is
amended by Clause 6 Article 1 of Decree No. 54/2020/ND-CP on amendments to some
Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on
organization and operation of inspectorates in Industry and Trade sector, which
comes into force from July 07, 2020.
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12 This Article is annulled by Article 2 of Decree No.
54/2020/ND-CP on amendments to some Articles of Government’s Decree No.
127/2015/ND-CP dated December 14, 2015 on organization and operation of
inspectorates in Industry and Trade sector, which comes into force from July 07,
2020.
13 This Article is
amended by Clause 8 Article 1 of Decree No. 54/2020/ND-CP on amendments to some
Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on
organization and operation of inspectorates in Industry and Trade sector, which
comes into force from July 07, 2020.
14 This Article is
amended by Clause 9 Article 1 of Decree No. 54/2020/ND-CP on amendments to some
Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on
organization and operation of inspectorates in Industry and Trade sector, which
comes into force from July 07, 2020.
15 This Clause is amended
by Clause 10 Article 1 of Decree No. 54/2020/ND-CP on amendments to some
Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on
organization and operation of inspectorates in Industry and Trade sector, which
comes into force from July 07, 2020.
16 This Clause is amended
by Clause 10 Article 1 of Decree No. 54/2020/ND-CP on amendments to some
Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on
organization and operation of inspectorates in Industry and Trade sector, which
comes into force from July 07, 2020.
17 This Clause is amended
by Clause 11 Article 1 of Decree No. 54/2020/ND-CP on amendments to some
Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on
organization and operation of inspectorates in Industry and Trade sector, which
comes into force from July 07, 2020.
18 This Clause is added
by Clause 12 Article 1 of Decree No. 54/2020/ND-CP on amendments to some
Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on
organization and operation of inspectorates in Industry and Trade sector, which
comes into force from July 07, 2020.
19 This Clause is amended
by Clause 13 Article 1 of Decree No. 54/2020/ND-CP on amendments to some
Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on
organization and operation of inspectorates in Industry and Trade sector, which
comes into force from July 07, 2020.
20 This Clause is
annulled by Article 2 of Decree No. 54/2020/ND-CP on amendments to some
Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on
organization and operation of inspectorates in Industry and Trade sector, which
comes into force from July 07, 2020.
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22 This Clause is amended
by Clause 15 Article 1 of Decree No. 54/2020/ND-CP on amendments to some
Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on
organization and operation of inspectorates in Industry and Trade sector, which
comes into force from July 07, 2020.
23 Articles 3, 4 and 5 of
Decree No. 54/2020/ND-CP on amendments to some Articles of Government’s Decree
No. 127/2015/ND-CP dated December 14, 2015 on organization and operation of
inspectorates in Industry and Trade sector, which comes into force from July
07, 2020, stipulate that:
“Article 3.
Transition clauses
Vietnam Competition
and Consumer Authority shall continue to carry out specialized inspection until
the Government promulgates Decree on functions, tasks, powers and
organizational structure of Vietnam Competition Commission.
Article 4.
Implementation clause
This Decree comes into
effect from July 07, 2020.
Article 5.
Responsibility for implementation
Ministries, Heads of
ministerial agencies and Governmental agencies, the Presidents of People's
Committees of provinces and central-affiliated cities and relevant
organizations and individuals shall be responsible for implemention of this
Decree./.
Articles 6 and 7 of
Government’s Decree No. 03/2023/ND-CP on functions, tasks, powers and
organizational structure of Vietnam Competition Commission, which comes into
force from April 01, 2023, stipulate that:
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1. This Decree comes
into effect from April 01, 2023.
2. The following
documents shall be annulled from the effective date of this Decree:
a) Government’s Decree
No. 07/2015/ND-CP dated January 16, 2015 on functions, tasks, powers and organizational
structure of Vietnam Competition Council;
b) Decision No.
24/2015/QD-TTg dated June 30, 2015 of the Prime Minister on Regulation on
organization and operation of Vietnam Competition Council.
3. The phrase “Cục
Cạnh tranh và Bảo vệ người tiêu dùng” (“Vietnam Competition and Consumer
Authority”) is replaced with the phrase “Ủy ban Cạnh tranh Quốc gia” (“Vietnam
Competition Commission”) in Clause 2 Article 54 and the Appendix enclosed with
the Government’s Decree No. 40/2018/ND-CP dated March 12, 2018 on regulatory
framework for multi-level marketing.
4. The phrase “Cục
Quản lý cạnh tranh” (“Vietnam Competition Authority”) is replaced with the
phrase “Ủy ban Cạnh tranh Quốc gia” (“Vietnam Competition Commission”) in
Clause 1 Article 34 of the Government’s Decree No. 99/2011/ND-CP dated October
27, 2011 on provision of guidelines for implementation of the Law on Protection
of Consumer Rights.
5. The phrase “Cục
Cạnh tranh và Bảo vệ người tiêu dùng” (“Vietnam Competition and Consumer
Authority”) is replaced with the phrase “Ủy ban Cạnh tranh Quốc gia” (“Vietnam
Competition Commission”) in Clause 1 Article 1 of the Government’s Decree No.
54/2020/ND-CP dated May 18, 2020 on amendments to the Government’s Decree No.
127/2015/ND-CP dated December 14, 2015 prescribing organization and operation
of inspectorates in Industry and Trade sector.
Article 7.
Responsibility for implementation
1. The Minister of
Industry and Trade of Vietnam stipulates functions, tasks, powers and
organizational structure of Vietnam Competition Commission for performance of
the tasks of state management of competition, protection of consumer rights,
and multi-level marketing operations.
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3. The Minister of
Industry and Trade of Vietnam, Ministers, Heads of ministerial agencies, Heads
of governmental agencies, Presidents of People’s Committees of provinces and
central-affiliated cities and the President of Vietnam Competition Commission
shall implement this Decree.”