Pháp lệnh 11/2016/UBTVQH13

ORDINANCE

MARKET SURVEILLANCE

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to the National Assembly’s Decree No. 89/2015/QH13 dated 09 June 2015 on revisions to the Legislative Program of the 13^th National Assembly in 2015 and the 2016’s Legislative Program;

Standing Committee of the National Assembly promulgates the Ordinance on Market surveillance.

Chapter I

GENERAL

Article 1. Scope of regulation

This Ordinance prescribes the standing, organization, examination activities and specialist inspection activities of market surveillance units, the regulations on cooperation and responsibilities of authorities and entities concerned, and the maintenance of market surveillance units’ activities, benefits and policies.

Article 2. Regulated entities

1. Authorities and officers in the sector of market surveillance.

2. Government authorities and entities in territories of the Socialist Republic of Vietnam, which are involved in the organization and activities of market surveillance units.

Article 3. Terminology

In this Ordinance, the following words and phrases are construed as follows:

1. Market surveillance units’ examination activities refer to the examination and assessment, as designated by the Government, of the legal compliance of entities trading in goods, commercial services and other sectors.

2. Market surveillance units' specialist inspection activities mean their inspection of entities’ abidance by the laws in connection with market surveillance.

3. Market surveillance units’ operational areas cover the sites for entities’ production and trading of goods and commercial services, depots, transport hubs, airports, ports, coach stations and transport routes in the Socialist Republic of Vietnam but exclude customs areas.

Article 4. State management of market surveillance units

1. Article 4. Government authorities' management of market surveillance units shall include:

a) Formulation and steering of strategies, schemes and plans for the growth of market surveillance units;

b) Promulgation and execution of legislative documents that govern market surveillance units;

c) Guidance, enforcement and propagation of laws related to market surveillance units’ activities;

d) Regulation of the organization and activities of market surveillance units;

dd) Training and development of market surveillance officers;

e) Research and application of scientific achievements and modern technologies in market surveillance units’ activities;

g) Governmental statistics of market surveillance units’ activities;

h) Inspection and settlement of complaints, denunciations and law violations related to market surveillance units’ activities;

i) International cooperation regarding market surveillance units’ activities, including information exchange, professional collaboration, signing and implementation of international agreements.

2. The government shall centralize the state management of market surveillance units.

3. Ministry of Industry and Trade shall be responsible to the Government for managing market surveillance units and for leading and cooperating with other ministries, ministerial-level agencies and provincial people's committees to develop, organize and operate market surveillance units.

4. Ministries and ministerial-level agencies shall be responsible, intra vires, for cooperating with the Ministry of Industry and Trade to facilitate the state management of market surveillance units.

5. Provincial people’s committees shall be responsible, intra vires, for enforcing laws on local market surveillance units.

Article 5. Principles for activities of market surveillance units

1. Abidance by the Constitution and laws; obeisance and defense of government interests, human rights, legitimate rights and interests of authorities and entities; sustenance of impartiality, precision, openness, transparency and zero discrimination; generation of favorable conditions for economic development, social growth and social security.

2. Active and timely detection, prevention and handling of law violations intra vires.

3. Strict cooperation with authorities and organizations concerned to preclude and combat law violations intra vires.

4. Protection of the confidentiality of information sources, documents and inspection findings related to entities inspected.

5. Reliance on the People, promotion of the People’s powers and acquiescence to the People's supervision.

Article 6. Development of market surveillance units

1. The government shall develop formal, professional and modern units of market surveillance.

2. Government authorities and entities shall be responsible for engaging in the development and facilitation of market surveillance units' undertaking of their functions, missions and powers as per the laws.

3. The government shall recruit and training personnel and invest in advanced facilities for market surveillance units to accomplish assignments.

Chapter II

STANDING, FUNCTIONS, MISSIONS, AUTHORITY AND ORGANIZATION OF MARKET SURVEILLANCE UNITS

Article 7. Standing and functions of market surveillance units

Market surveillance units shall be the Government's force specialized in precluding, combating and handling the trading of contraband, production and sale of counterfeit goods, prohibited merchandise and commodities of unknown origin, infringement of intellectual property, commercial frauds and breach of laws on quality, measurement, food safety and protection of customers' rights.

Article 8. Missions and authority of market surveillance units

1. Examine the legal compliance by entities intra vires according to Article 17 of this Ordinance.

2. Carry out specialist inspections.

3. Settle administrative infractions.

4. Collect documents, evidences, product samples, exhibits and items that denote violations, requisition assessments and analysis of product samples, documents and exhibits linked with entities' breach of laws.

5. Implement professional measures for inspection and settlement of administrative infractions.

6. Propagate laws and provide guidelines to organizations and individuals.

7. Gather information, analyze, evaluate and predict circumstances to provide counsels and propositions to competent authorities about measures for preventing and combating law violations.

8. Establish database on area management, inspection findings, settlement of administrative infractions and other data for market surveillance units' activities; compile and report inspection findings by market surveillance units to competent authorities; propose and recommend regulations and amendments regarding functions and missions given.

9. Lead and collaborate with authorities and entities in inspection activities and settlement of administrative infractions.

10. Provide counsels for the Minister of Industry and Trade to exercise state management according to Section 1, Article 4 of this Ordinance.

Article 9. Organization of market surveillance units

1. Market surveillance units shall be organized from central to local echelons on the basis of centralism and unanimity.

2. The government shall specify missions, authority and organizational structure of market surveillance units at various echelons.

Article 10. Market surveillance officers

1. Market surveillance officers are recruited as per the laws on state officials, undergo professional training and have professional titles for market surveillance officers.

2. Market surveillance officers’ titles:

a) Senior market controller;

b) Chief market controller;

c) Market controller;

d) Middle-ranked market controller:

3. The government shall regulate details of Section 2 in this Article.

Article 11. Occupational prohibitions bound by market surveillance officers

1. It is prohibited to conduct inspections and professional measures unfounded or contrary to functions, authority, scope of missions and operation areas assigned and to the laws.

2. It is prohibited to hinder the circulation of goods and entities' trading of legitimate merchandise and commercial services. It is prohibited to threaten, bribe or deceive entities upon inspections or settlement of administrative infractions.

3. It is prohibited to abuse powers and positions to harass violators or exact money or items from them. It is prohibited to abet or screen perpetrators of administrative infractions and restrict their rights upon the settlement of such infractions. It is prohibited to display attitudes, gestures or verbal expressions against regulations towards organizations and individuals during the enforcement of public assignments.

4. It is prohibited to disclose information or documents related to inspection activities of market surveillance units in unauthorized manner.

5. It is prohibited to perform activities inhibited by laws on state officials.

Chapter III

MARKET INSPECTION CARD, EXAMINATION AND SPECIALIST INSPECTION BY MARKET SURVEILLANCE UNITS, RIGHTS AND RESPONSIBILITIES OF ENTITIES INSPECTED.

Volume 1. MARKET INSPECTION CARD

Article 12. Market inspection card

1. Market surveillance officers shall be provided with market inspection cards to exercise their authority to make decisions on inspection and conduct inspections.

2. A market inspection card shall be valid for 05 years, as inscribed on the card, upon its issuance. Minister of Industry and Trade shall regulate the sample design, procedures for initial issuance and re-issuance and suspension of market inspection cards.

3. Market surveillance officers shall and must present their market inspection cards only when carrying out inspections as per regulations.

Article 13. Initial issuance of market inspection cards

1. Market inspection cards shall be initially issued to:

a) Individuals appointed to one of market surveillance officers' titles as defined in Point a, b and c, Section 2, Article 10 of this Ordinance and satisfying requirements as stated in Section 2 of this Article;

b) State officials appointed as heads of market surveillance agencies empowered to make decisions on inspection.

2. Requirements for issuance of market inspection cards:

a) The recipient has completed professional training as stipulated by the Minister of Industry and Trade;

b) The recipient is not carrying any disciplinary penalty.

Article 14. Re-issuance of market inspection cards

1. Market inspections cards shall be re-issued upon:

a) Changes of information inscribed on the cards;

b) Loss or severe deformation of the cards;

c) Expiration of the cards and satisfaction of requirements as prescribed in Section 2, Article 13 of this Ordinance;

d) End of 12 months' time after the fulfillment of disciplinary penalties including reduction in pay grade, demotion or deposition and upon satisfaction of requirements as prescribed in Section 2, Article 13 of this Ordinance.

2. Existing cards shall be revoked and disposed upon re-issuance, except for those lost.

Article 15. Revocation and suspension of market inspection cards

1. Market inspection cards shall be revoked in these events:

a) Card holders’ failure of requirements stated in Section 2, Article 13 of this Ordinance is uncovered upon card issuance;

b) Card holders are transferred, retire, terminate employment or pass away during their employment;

c) Card holders incur a court's criminal sentences in effect or disciplinary penalties including reduction in pay grade, demotion, deposition or coercive termination of employment;

d) Card holders are deprived of legal capacity.

2. Market inspection cards are suspended in these circumstances:

a) Card holders breach laws when doing public assignments though no remedy has been decided;

b) Card holders provide counsels or issue decisions against the laws or do not conform to legal regulations on inspection and actions against administrative infractions, twice or more, but such errors do not result in disciplinary penalties;

c) Card holders are suspended during reviews of disciplinary penalties;

d) Card holders are chided or warned;

dd) Card holders are prosecuted or held in custody.

Article 16. Authority to issue, re-issue, revoke and suspend market inspection cards.

1. Minister of Industry and Trade shall make decisions on initial issuance, re-issuance, revocation and suspension of market inspection cards held by the head and vice head of the central market surveillance agency.

2. Head of the central market surveillance agency shall make decisions on initial issuance, re-issuance, revocation and suspension of market inspection cards held by market surveillance officers, except for circumstances stated in Section 1 of this Article.

Head of the central market surveillance agency can mandate the head of an inferior market surveillance agency to directly revoke and suspend market inspection cards held by market surveillance officers intra vires.

3. Heads of market surveillance agencies at various echelons and leaders of internal inspection teams shall be entitled to propose competent authorities to revoke or suspend market inspection cards upon the revelation of market surveillance officers' violations.

Volume 2. EXAMINATION AND SPECIALIST INSPECTION BY MARKET SURVEILLANCE OFFICERS

Article 17. Scope of examination

1. The legal compliance of entities trading goods and commercial services in the market shall be examined.

Market surveillance officers, when inspecting goods and detecting infractions, shall be entitled to examine production facilities and implement actions as per the laws on settlement of administrative infractions.

2. Production facilities operating in sectors under the management of the Ministry of Industry and Trade shall be examined.

3. Other entities' adherence to laws shall be examined according to the Government's authorization of market surveillance officers' examination and actions against administrative infractions.

Article 18. Forms of examination

1. Periodic examination.

2. Specialized examination.

3. Ad-hoc examination.

Article 19. Decision on examination

1. Examinations must be decided in writing by competent individuals as defined in Article 21 of this Ordinance.

2. A decision on examination must indicate these essential details:

a) The decision’s date of issue;

b) Justifications for the issuance of such decision;

c) Full name of entities and address of sites to be examined;

d) Contents of the examination;

dd) Duration of the examination;

e) Full name and position of the leader and members of the examination team;

g) Full name and position of the person issuing such decision.

3. A decision on periodic or specialized examination must be executed in no later than 05 working days upon its issuance. A decision on ad-hoc examination must be executed immediately upon its issuance.

Article 20. Foundation of decisions on examination

1. Decisions on periodic or specialized examination shall be subject to the plans approved or issued by competent authorities. Such a decision cannot be issued twice a year on a similar examination against the same entity. Plans for periodic and specialized examinations must be sent to the entity to be examined and organizations concerned upon their approval or issuance.

2. A decision on ad-hoc examination shall be issued in one of these circumstances:

a) Information on entities’ breach of laws or signs of law violations has been verified through mass media, complaints, denunciations, petitions for examination or actions against entities' infractions;

b) Upon requests by state officials on duty;

c) Upon written requisitions by competent government authorities.

Article 21. Authority to issue decisions on examination

1. Heads of competent market surveillance agencies as per the Government’s regulations shall make decisions on examination.

2. Competent issuers of examination decisions, as stated in Section 1 of this Article, can mandate their deputies to exercise the authority to issue decisions on examination in the following manner:

a) Mandates for issuance of examination decisions are given regularly or on case basis;

b) Mandates must be given in writing and specify responsibilities, scope, content and duration of such mandates.

c) Individuals mandated shall be responsible to the heads and the laws for their decisions on examination. Individuals mandated cannot invest any person with their mandate.

3. Individuals stated in Section 1 and 2 of this Article cannot issue examination decisions, grant or obtain mandate for issuance of such decisions if they do not possess a market examination card or have their cards suspended or revoked.

Article 22. Duration of examination

1. The leader of an examination team shall announce and deliver the decision, when conducting the resultant examination, to the entity to be examined.

2. The duration of an examination shall be:

a) at most 03 working days for an on-site examination upon the issuance of the decision;

b) extended to at most 05 working days for an examination of complex issues upon the issuance of the decision. The issuer of the examination decision shall decide the extension of the examination.

3. The duration of an examination as defined in Section 2 of this Article shall not comprise:

a) Time for verification that leads to conclusions;

b) Length of time of entities' delay or evasion of the examination.

Article 23. Examination team

1. An examination team shall be formed to execute competent individuals' examination decisions. A decision on the formation of an examination team must be made in writing by the competent issuer of the examination decision.

2. An examination team must be composed of at least two market surveillance officers. The lead of such team must possess a market examination card. Members of an examination team must not incur any disciplinary penalty or suspension in effect according to the laws.

3. Market surveillance officers cannot participate in a team that inspect their spouse, children, parents, siblings by blood or in law or organizations in which such kindred are holding managerial positions.

Article 24. Missions and powers of an examination team

1. An examination team shall be responsible for carrying out an examination according to the relevant decision.

2. When conducting the examination, the examination team shall be entitled to:

a) Request entities examined to work with the examination team in person or through representative(s). Despite the absence of such entities’ representative(s), the examination team shall conduct the examination in the mandatory presence of a representative from the ward’s People’s Committee or police station and witness(es);

b) Request entities examined or their representative(s) to provide documents and explanations related to the examination;

c) Inspect goods, instruments and sites for production and trading, merchandise storage places in connection with the examination;

d) Obtain documents and explanations from representative(s) of such entities at the examination site;

dd) Take sample(s) from the merchandise, gather exhibits and equipment that denote violations for subsequent examination(s) as per the laws;

e) Implement or propose competent individuals to implement preventive measures intra vires and take actions against administrative infractions according to the laws on settlement of administrative infractions.

Article 25. Responsibilities of the leader and members of an examination team

1. The team leader shall be responsible for:

a) Presenting his market examination card to the representative(s) of the entity examined;

b) Announcing and handing over the examination decision to such entity;

c) Informing the representative(s) of such entity of the composition of the examination team;

d) Organizing the examination according to the relevant decision;

dd) Specifying tasks for members of the examination team;

e) To the issuer of the examination decision and the laws for the examination team's activities;

g) Exercising relevant powers of market controllers on duty as per the laws;

h) Making reports, requesting instructions from the issuer of the examination decision for matters beyond the team leader's powers during the examination;

i) Making and signing copies of the record of the examination and findings upon completion and give one copy to the entity examined;

k) Delivering reports and relevant documents and proposing actions to the issuer of the examination decision;

l) Execute regulations in Point a, c, d and g, Section 2 of this Article.

2. Team members shall be responsible for:

a) Wearing uniforms, insignia or badge as per regulations;

b) Performing examination duties as assigned and managed by the team leader according to the examination decision;

c) Manifesting civilized attitudes and expressions during the examination;

d) Retaining documents and papers acquired, causing no damage or loss of legitimate property of the entity examined;

dd) Proposing to the team leader necessary measures to conduct the examination effectively and legally;

e) Reporting the results of assignments given by the team leader and assuming liabilities for the accuracy and integrity of the report or proposition(s);

g) Execute regulations in Article 11 of this Ordinance.

Article 26. Responsibilities of the issuer of the examination decision

1. Provide instructions and handle issues arising during and after the examination intra vires according to the report(s) and proposition(s) by the leader of the examination team.

2. Assume liabilities to the head of the supervisory authority and to the laws for the issuance of the examination decision and all resultant activities.

Article 27. Handling of examination findings

Examination findings shall be handled as follows:

1. If the entity examined abides by the laws, the examination record shall indicate its legal compliance;

2. Administrative violations committed by the entity examined shall be recorded in writing and penalized according to the laws on settlement of administrative violations;

3. If the entity examined commits acts betokening crimes, documents, exhibits and means of crime shall be delivered to and handled by competent investigation authorities according to the laws;

4. If signs of law violations do not suffice to constitute final conclusions, further verification shall proceed to conclude the examination as follows:

a) The time limit for such verification shall be at most 10 days. It may be extended to a maximum duration of 25 days, upon the end of the examination, for verification of numerous details.

b) If relevant organizations' verification findings or expert opinions are required, the time limit for further verification may be extended to a total duration of 40 days upon the end of the examination;

c) The issuer of the examination decision shall make decisions on verification time extension in writing.

d) If no law violation is determined, the entity examined shall be informed in 03 working days upon the issuance of the conclusion.

Article 28. Management and retention of examination documents

1. Examination documents shall consist of the examination decision, examination record, relevant documents and papers. The quantity of pages must be specified according to the order of the examination documents.

2. Examination documents must be retained according to the law on archives.

Article 29. Specialist inspection by market surveillance units

1. Market surveillance units carry out specialist inspections according to the Government's regulations.

2. Specialist inspections by market surveillance units shall be subject to legal regulations on specialist inspection.

Volume 3. RIGHTS AND DUTIES OF ENTITIES EXAMINED

Article 30. Rights of entities examined

1. Be informed in writing of the plans for periodic and specialized examinations and of the details and schedule of ad-hoc examinations upon relevant decisions.

2. Reject examination(s) on the grounds that such examinations do not conform to this Ordinance and relevant laws.

3. Provide explanations, opinions and evidences to defend their legitimate rights and interests in connection with the inspection.

4. Directly interact with or mandate legitimate representative(s) to work with examiners upon the examination or settlement of administrative infractions.

5. Request examination authorities to rectify information publicly or apologize and make amends if gaining justifications that the non-compliance of their examination and measures to the laws impinges the entity's prestige and honor or causes its material damage as per the laws on the Government’s responsibilities for restitution.

6. File complaint(s), denunciation(s) or lawsuit(s) against the unlawful inspection and actions according to the laws.

Article 31. Duties of entities examined

1. Abide by the competent individuals’ inspection decisions in a strict manner. The entity, when rejecting an examination, must provide explanations in writing and documents that evince the examination’s non-compliance with this Ordinance and relevant laws.

2. Directly interact with or mandate legitimate representative(s) to work with examiners upon the examination or settlement of administrative infractions.

3. Provide documents, journals and papers related to and required by the examination in timely manner and assume liabilities for the accuracy of such written materials.

4. Conform to the examination and seizure of goods, exhibits, documents, means and tools for production and trading, which denote law violations, at production sites, points of sale, merchandise storage places according to relevant requests by competent individuals as per the laws.

5. Elucidate the matters examined in adequate, timely and honest manner at competent individuals' requests.

6. It is prohibited to evade, obstruct, delay or resist a legitimate examination or to threaten, insult, entice or bribe members of the inspection team in any manners.

Chapter IV

PROFESSIONAL MEASURES BY MARKET SURVEILLANCE UNITS

Article 32. Professional measures

1. Professional measures by market surveillance units comprise:

a) Manage traders of goods and commercial services by area;

b) Gather and verify information for examinations, specialist inspections and settlement of administrative infractions;

c) Supervise entities’ activities in trading of goods and commercial services, which denote law violations;

d) Establish information sources for activities of market surveillance units.

2. Professional measures, when implemented, must not disturb relevant entities’ trading of legitimate goods and commercial services.

3. Minister of Industry and Trade shall regulate the authority and procedures to impose professional measures.

Article 33. Particulars of professional measures

1. Area-based management activities shall include:

a) Regular update of information and compilation of data on statistics, basic investigation, and classification of entities managed by area according to specific criteria;

b) Examination and comparison of data on local entities’ trading of goods and commercial services after licensing and their maintenance of business conditions;

c) Propaganda and guidance for the enforcement of relevant laws;

d) Timely summarization and reporting of unusual market incidents and prices of necessity goods intra vires to competent authorities;

dd) Regular update on the legal compliance by traders of goods and commercial services;

e) Recommendation of methods for management of local activities in trading of goods and services;

g) Establishment, management and utilization of area-based management database, periodic reporting and ad-hoc reporting at supervisory government authorities' requests.

2. The following information shall be gathered and verified:

a) Business activities, transportation and assemblage of merchandise by traders of goods and commercial services; and their legal compliance thereof;

b) Trafficking, stashing and sale of contraband; production and sale of counterfeit goods and poor-quality products, commercial fraud;

c) Findings from specialist inspections and examinations, competent authorities’ administrative actions against violations of laws on trading of goods and commercial services; details of infractions and artifices committed;

d) Authorities' forecast of economic and social circumstances related to the trading of goods and commercial services.

3. Supervisory activities shall comprise:

a) Gathering and verification of information and documents on entities suspicious of smuggling goods or producing and selling counterfeit goods, forbidden merchandise and products of unknown origin; on entities suspicious of infringing intellectual property and violating laws on quality, measurement, pricing, food safety, consumer protection and commercial fraud. The reliability of information and documents received must be assessed;

b) Discovery of sites for assemblage, stashing and concealment of illegal goods; clarification of traits, scale and artifices of entities suspicious of smuggling goods or producing and selling merchandise that is counterfeit, forbidden, of unknown origin, in violation of intellectual property and laws on quality, measurement, food safety and commercial fraud; timely detection and blockade of offenders’ goods and instruments being dispersed or their documents being disposed.

Information and documents acquired during supervisory activities shall determine violations of traders of goods and commercial services against the laws.

4. Establishment of information sources:

a) Employ collaborators to have regular information sources and contacts;

b) Establish, classify, manage and utilize information sources by the single-line principle at the discretion of heads of market surveillance agencies;

c) Verify in writing the information and documents provided by collaborators

Chapter V

COOPERATION FOR EXAMINATION BY MARKET SURVEILLANCE UNITS

Article 34. Principles of cooperation

1. Abidance by the laws.

2. Differentiation of responsibilities of leading and supportive agencies by their functions, missions and authority.

3. Assurance of comprehensive, unanimous, firm, efficient and timely cooperation without overlap.

4. Cooperation must be secured as per the laws.

5. Heads of competent authorities shall requisition cooperation in writing.

Article 35. Cooperative activities

1. Exchange of information on law violations or suspicions thereof.

2. Establishment of plans for annual or specialized examinations.

3. Undertaking of examinations related to cooperative authorities’ functions and missions.

4. Verify and gather documents, evidences and other facts in connection with the matters examined.

5. Receipt and handling of documents intra vires.

6. Conclusion of examinations and settlement of infractions as per the laws.

Article 36. Leading authorities

1. Market surveillance agencies shall lead examinations against entities within their powers according to their functions and missions and competent government authorities' instructions.

2. Market surveillance agencies shall lead and cooperate with relevant authorities to conduct examinations that require expertise and state management activities from various sectors.

3. Specialized government authorities shall lead examinations against entities operating in sectors assigned to such authorities.

Article 37. Responsibilities of leading and supportive authorities

1. Responsibilities of leading authorities:

a) Send requisitions to relevant authorities for their cooperation in examinations;

b) Be held responsible for details of the cooperation requested;

c) Inform supportive authorities in writing of results of the cooperation.

2. Responsibilities of supportive authorities:

a) Heads of authorities requested for cooperation shall be responsible for promptly handling matters requested. If a request is deemed to deviate from the laws or force majeure arises, they can reject such request and assume legal liabilities for their rejection. Rejection must be executed and explained in writing to the requesting authority in timely manner;

b) Assign individuals, provide instruments and expert opinions at the leading authority’s requests.

d) Handle requests for cooperation from the leading authority.

Chapter VI

MAINTENANCE OF ACTIVITIES, BENEFITS AND POLICIES FOR MARKET SURVEILLANCE UNITS

Article 38. Maintenance of market surveillance units’ activities

1. Market surveillance officers hold state official tenure as regulated by the Government according to their functions and missions.

2. The government shall maintain budget, facilities, equipment, work instruments and other conditions necessary for market surveillance units.

Article 39. Work equipment and uniform for market surveillance units

1. Market surveillance officers shall be equipped with supportive tools, automobiles, high-powered motorcycles, ships, high-speed boats, technical means and advanced equipment.

2. Market surveillance officers shall be given synchronous signboards, rank stripes, badges, flags, uniform and other essential equipment.

3. The government shall regulate details of this Article.

Article 40. Benefits and policies for market surveillance officers

1. Market surveillance officers shall receive salary and allowances according to their pay grade and professional title, seniority allowance and other benefits pertinent to their traits, missions and operation areas as per the Government’s regulations.

2. Market surveillance officers, who have gained achievements on their duties, shall be considered for rewards. Market surveillance officers, who have committed violations against their duties, shall incur remedial measures as per the laws.

3. Market surveillance officers injured or killed in action shall be granted benefits, as per the laws, for contributors to the revolution.

Chapter VII

RESPONSIBILITIES OF AUTHORITIES AND ORGANIZATIONS TOWARDS ACTIVITIES OF MARKET SURVEILLANCE UNITS

Article 41. Responsibilities of the Ministry of Industry and Trade

1. Be held responsible to the Government for state management activities as per Section 3, Article 4 of this Ordinance.

2. Minister of Industry and Trade shall regulate title criteria and position-based training for market surveillance officers, details and procedures for market surveillance units' examinations.

3. Lead and summarize reports on legal compliance with regard to market surveillance on periodic basis or as instructed by competent authorities.

4. Lead and establish database on examinations, specialist inspection, actions against administrative infractions and exchange of information among relevant ministries and sectors.

Article 42. Responsibilities of ministries, ministerial-level agencies and government agencies

1. Direct authorities and units within their powers to lead and cooperate with market surveillance units in examinations, specialist inspections, settlement of administrative infractions; to handle recommendations from market surveillance units; to exchange information, provide training; to propagate laws.

2. Ministries shall be responsible, by their functions and missions, for cooperating with the Ministry of Industry and Trade to maintain tenure, budget, facilities, equipment, conditions and benefits for market surveillance officers as per this Ordinance.

3. Make reports on examinations against entities under their state management on periodic basis or at competent authorities' requests and send such reports to the Ministry of Industry and Trade for its summarization and reporting to competent authorities.

Article 43. Responsibilities of people’s committees

1. Direct local agencies and organizations concerned to cooperate with market surveillance units in timely manner to carry out their functions and missions; provide material supports and working conditions to local market surveillance units; and handle recommendations regarding market surveillance.

2. Make periodic or ad-hoc reports, as per competent authorities’ requests, on the enforcement of laws on market surveillance in local areas.

Article 44. Responsibilities of Vietnam Fatherland Front and its affiliations

Vietnam Fatherland Front and its affiliations, within their missions and powers, shall be responsible for propagandas. The people shall adhere to the laws, supervise and support market surveillance units' implementing their functions, missions and powers.

Chapter VIII

ENFORCEMENT

Article 45. Effect

This Ordinance shall come into force as of 01 September 2016.

Article 46. Further details

The government and competent authorities shall stipulate further details of articles in this Ordinance.