Circular 34/2015/ttlt-Bct-Bnv: A Guide To The Functions, Duties, Powers And Structure Of The Local Market Management

Original Language Title: Thông tư liên tịch 34/2015/TTLT-BCT-BNV: Hướng dẫn chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của quản lý thị trường địa phương

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MINISTRY OF INTERNAL AFFAIRS
Number: 34 /2015/TTLT-BCT-BNV
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 27, 2015

FEDERAL INFORMATION

Guide to function, mission, authority, and organizational structure of local market management.

____________________________

Base of Protocol 95 /2012/NĐ-CP November 12, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Commerce;

Base of Protocol 58 /2014/ND-CP June 16, 2014 of the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of the Interior;

Base of Protocol 24 /2014/ND-CP April 4, 2014 by the Government of the Government of the Government of the Central Committee of the People's Committee of the Central Committee of the Central Committee of the Central Committee of the Central Committee of the People's Republic of China.

Base of Decree No. 10 /CP on 23 January 1995 by the Government on the organization, mission and jurisdiction of Market Management; Decree No. 10. 27 /2008/NĐ-CP March 13, 2008 of the Government amended, complements some of the provisions of Decree No. 10 /CP on 23 January 1995 by the Government on the organization, mandate, and powers of Market Management;

Base of Protocol 07 /2012/NĐ-CP February 9, 2012 of the Government Regulation of Organs Assigned to specialized inspection and specialized inspection activities;

The Minister of Trade and Minister of Internal Affairs issued the Functional Guidance, mandate, authority, and organizational structure of the Market Management Bureau and the Local Market Management Team.

What? 1. Common Regulations

1. The market management force is the force that is in charge of testing, control of the market, struggling against violations of the law in commercial, industrial, and other areas legally delivered by law; implementing the functions of the law. It's a legal inspector according to the law.

2. The market management force is built in a formal, tightly organized direction; ensuring the management and direction of unity from the central to the local. The activity of the market management forces aims to establish order, discipline, and security for the business activities on the market, in accordance with the law.

3. The Market Management Force operates under the rule of law, which is accountable to the law and in front of the superior authority on its disposal decisions. The Mayor of the Market Management and Public Markets Authority must perform the right task, the powers to be delivered; secure the inspection and handling of the right violation of law, the union, the objective, the correct, timely.

What? 2. Location and function of the Market Management Bureau

1. The Market Management Bureau is the head of the Department of Commerce, which performs the staff function, which helps the Director of the State Department of Trade in the management of the market, ensuring the goods flow under the law; the organization performs audit duties. Torture, market control, struggle against legal violations in commercial, industrial activities, other areas are regulated by law and the Chairman of the Provincial People's Committee, the central city of the central city (later called the provincial level). The provincial table; the law enforcement functions, according to the law.

2. The Market Management Bureau has legal status, seals, private accounts; based and is a budget bill under the regulation of the law; open transaction accounts, temporary accounts held at the state treasury; to be cited in accordance with the funds in accordance with the law. The law.

What? 3. The mission and jurisdiction of the Market Management Administration

1. Staff for the granting of authority on market management work:

a) Help the Director of the Construction Department of Construction and the Planning Department of the People's Department of Planning, the measure of market organization, the guarantee of goods circulating by law; advocates, measures, projects needed to implement legislation, policy, and policy. mode of market management;

b) The petition with the competent authorities to modify, add or enact legislation-related texts that are related to market management work;

c) Building a yearly plan on market control testing in commercial, industrial activity on the provincial table.

d) Help the Director of the Department of Public Affairs, instruct and examine the implementation of legal, policy, plan, program, project, project management work on the provincial table;

Tracking, aggregable, forecasting of market situation, subject, law, methods, procedures of organizations, individuals with violations of the law of commerce, industry and other areas legally assigned to the provincial table; the proposal is made. You know, export precautions, fight against violations of the law.

2. Organization, direct and execute test activities, control the market and dispose of the violation of the law under the jurisdiction:

a) Examine adhering to the law of institutions, individuals who are business in commerce, industry, and other fields are given by law on the provincial table; treatment under the authority of acts of violation of the law;

b) The organization for construction and implementation of the inspection plan, control of the market;

c) Directoring, testing, instructs the Market Management Teams directly within the test, market control and disposal of administrative violations;

d) presided over, in coordination with organizations, individuals involved in defence work, against acts of violation of the law in commercial, industrial activity on the site;

) Processing of the jurisdiction transferred by the Market Management Team; the Chairman of the Provincial People's Committee handles the cases of excess jurisdiction.

3. Proclamation, disseminalization of policy, trade law, industry related to test work, market control on the site.

4. Administrative management and construction of the local market management force:

a) Building a plan and proposes to the agency with authority on the organization, commission, equipment, media, and working conditions of Local Market Management;

b) Construction and the Director of the Department of Functional Regulation, the mission of the combined and professional staff departments;

c) Implemonation of the regime, policy towards market management and working persons of the Governing Genus under the management hierarchy;

d) Building content, programs, professional fostering plans for market management and implementation;

The organization performs organizational regulations, public standards, clothing, signs, titles, titles, banners, signs, and market test cards;

e) Check out the compliance of law in the test, control and disposal of the administrative violation of the Market Management;

g) Perform the administrative reform in test operation, market control under the program, the administrative reform plan of the Ministry of Commerce and the Provincial People's Committee;

h) Build, manage and exploit the database system of commercial, industrial, industrial, industrial, industrial, business, business, business, business, and other sectors of the organization. the law; the results of the test, control and disposal of administrative violations; the civil service team; equipment, vehicles, and working conditions.

5. Resolve the complaint, denouncing the rule of law on the complaint, denouncing.

6. carry out a specialized inspection mission under the rule of law.

7. Implementiation of the information regime, the prescribed report and the requirements of the state-level state governing body to have jurisdiction.

8. Financial management, property, funding is added from administrative breach processing in the field of anti-smuggling, counterfeit goods, and commercial fraud. Vehicle management, raw weapons, aid tools are delivered; manage the impression and store case files of the prescribed administrative breach in accordance with regulations.

9. Implementuation of other duties led by the Chairman of the Provincial People ' s Committee, the Director of the Market Management and the Director of the Department of Trade.

What? 4. Market Management Organizational structure

1. Majority Leader:

a) The Market Management Bureau has the Chief Executive Officer and Deputy Director of the Department of Trade and No more than 3 Deputy Chief;

b) The chief genus is the head of the Market Management Bureau, which is responsible to the Director of the Department of Commerce, Chairman of the Provincial People ' s Committee and before the law on the entire operation of the Market Management Branch;

c) Deputy Chief Minister is the person who helps the Chief Minister to direct some of the works and is responsible to the Chief Minister and before the law on the assignment of the assignment. When the Chief of the Chief is absent, a Deputy Minister is assigned to the Bureau of Operations.

d) The appointment, dismissal, motion, rotation of the Chief Minister-Deputy Director of the Department of Trade chaired by the Chairman of the Provincial People's Committee on the recommendation of the Director of the Department of Commerce. The appointment, dismissal, motion, rotation of the Deputy Chief of the Department of Commerce is determined by the Chief of Trade at the request of the Chief Minister.

2. Joint staff and specialist staff, business:

a) Every Market Management has 03 Chamber of Joint Chiefs of Staff and Professional Affairs, Business: Administrative Division; Career Room-General; Inspector-General; for the City of Hanoi and Ho Chi Minh City, the number of rooms can be several. More, but not more than 4 rooms.

b) Based on the properties, characteristics, requirements for state management of local market control tests, the Mayor of the Market Management Bureau of Construction projects the organization of the Joint Chiefs of Staff and the expertise, business, the Director of the Department of Public Works. The Trade decided to form after a unified opinion by the Office of the Director of the Interior;

c) Each of the combined and specialized staff, the business has the Chief, not more than 2 Deputy Head of the Department and the professional civil service. The Chief of the Bureau is responsible to the Chief of the Bureau of Market Management and before the law on the entire operation of the Chamber. The Deputy Chief of the Department is in charge of several works, which is responsible to the Chief of the Department and before the law on the assignment of the assignment. When the Chief of the Room is absent, a Deputy Head of Defense is tasked with running the operation of the chamber;

d) The appointment, dismissal, service, rotation of the Chief, Deputy Head of the Department and Public Service of the Joint Chiefs of Staff, and the business of the Department of Market Management appointed by the Secretary-General under the rule of law.

3. Market Management Teams:

a)

b) Professional market management (or maneuvers).

What? 5. Market Management of Market Management

1. The public administration of the Bureau of Market Management is delivered on the basis of the employment position, the task, the scope of operations, and within the province's total civil service, the Central City of Central to be granted a competent jurisdiction.

2. Funcability, mission, organizational structure, and portfolio of employment, the annual management of the Market Management Plan for the Department of the Provincial Committee of the Provincial People's Committee to provide the authority to review, to follow the rules of the law.

What? 6. Location, function and mission of the Market Management Team

1. Location and function:

a) The market management team is the direct organization of the Market Management Bureau, directly carrying out the task of testing the control of the market, against the violations of the law in commercial activity, industry on the site and the area being delivered;

b) The market management team is headquartered, the seal, the transaction account at the state treasury under the rule of law.

2. Mission:

a) Perform the management of the site, the field of which is delivered by law; statistics, database construction on organization, individual commercial activity, industry; gathering information on market situation, subject, law, and law. method, the capital of organizations, individuals with breach of law on trade, industry on the site or the area assigned; proposals and petitions with the District People ' s Committee, districts, towns, provincial cities (the following calls for districts), The Bureau of Market Management or State Agency is concerned with market management measures, preventing violation of commercial, industrial, and industrial law. On the ground, the field is delivered.

b) Organization inspection, individual business in adhering to the law on trade, industry and other sectors is delivered;

c) Direct or in coordination with relevant state agencies examining, in time of interception, processing when detection of administrative violations or cases of administrative violations by law;

d) Apply measures to prevent and sanctipate administrative violations in commercial, industrial and other areas according to the rule of law on administrative breach of administrative violations;

) Propaganda, common, guidelines for policy implementation, commercial law, industry and other sectors according to the Department of Market Management;

e) Perform the information regime, the prescribed report and the requirements of the state-level state governing body to be competent;

g) Perform financial management, property, operating vehicle, raw weapons, support tools, press, other equipment, filing on the provisions of the law and hierarchy of the Market Management;

h) Perform other tasks due to the Governing Body of Market Management and State agencies with the authority to deliver.

What? 7. Market Management Team

1. Secretary of the Department of Public Works Management Bureau Director for the Chair of the Provincial People ' s Committee decided to establish market management teams, namely:

a) Every district, town, city of the province (later known as the district) established a Company Market Management Team within the Market Management Bureau to carry out the task of examining control, handling the conduct of the law in accordance with regulations on the site. Table. For the district that does not need to establish the Venue Market Management Team, the Chairman of the Provincial People's Committee is assigned to a team of municipal market management in charge of the interdistrict. The name of the Table Market Management Team is set in order of natural numbers (1, 2, 3 ...);

b) The scale of market development, complexity, organizational numbers, business individuals across the province, the chairman of the Provincial People's Committee established from 01 to 03 specialized market management (or maneuvers) directly under the Market Management Bureau. In order to address professional employment in the entire province and support of the Company Market Management Team. The name of the specialized market management teams (or maneuvers) placed on the task of being delivered (anti-smuggling, anti-counterfeit, etc.).

2. The market management team has the Captain, which has between 01 and 03 Vice-Captain and professional, professional, and professional civil service. The captain is responsible to the Chief of the Market Management and before the law on the entire operation of the Market Management Team; Deputy Captain in charge of several works, which is responsible to the Captain and before the law on duty. It ' s working. When the captain is absent, a Deputy Captain is commissioned by the Chief Executive Officer of the Market Management Team. The appointment, dismissal, operation, rotation of the Captain, Deputy Head and Public Administration of the Market Management Team is determined by the Bureau of Management's Bureau of Management in accordance with the rule of law.

3. The Market Management Team has Direct Test Organizations that perform regular, continuous, continuous, field-control work; market control on the site of communes, wards, towns (later called township-level) and other business according to the analysis. Captain of the Market Management Team. The Market Management team does not organize its own business; in addition to the team's specialized accounting, the number of remaining public operators are tasked with testing, controlling the market by law and being assigned by the captain to a number of jobs. Different.

4. The Organization of the Inspectman was assigned by the Captain. The Organization of the Inspectman is responsible for assignment, operating the operation of the Audit Organization by the Head of the Market Management Team; who is responsible to the team's Head of the Market Management and before the law on the activities of the Inspectest Organization.

5. The public count of the Market Management Team led by the Mayor of the Market Management Bureau decides to be based on the scale of the market development of each area locally, the requirements of the test work, market control and in the total margin. It ' s been assigned to the Market Management Bureau.

What? 8. The transition clause

1. For the Markets Management Expenditures are having the number of Vice-General Affiliates more than the number of regulations at this Regulated Federation continue to maintain the number of existing vice-level levels to ensure stability; it is added only when the number of current levels is not available. It ' s about the number of regulations in this federation.

2. For the cases that have been appointed to the head of the head, the deputy head of the organization of the Market Management Bureau prior to this April date of the federated, if after the arrangement, the full organizational structure of the Management Branch is held. The market rationing, or appointed to the new office, has a lower leadership position than the former head of office, is entitled to maintain the leadership of the leadership in accordance with the number decision. 140 /2009/QĐ-TTg December 31, 2009, Prime Minister of the Government on the Government of the Government of the Government of the Government of the Government of the Government of the Government of the Government of the Government of the Government of the United States.

What? 9. The organization performs

1. The Ministry of Industry is responsible to the Government of the Leadership, which governs the unification of the country's market management force in terms of operational direction; direction, guidelines, guidelines for controlling and handling of the scope of the market management force in each period; guide to the organization of building forces, policy mode, job standards of public public sector management; training, training and accretion of business; organization testing activities of the Departs, Market Management Team and Public Administration (Management) market by the regulation of the law; build policy mechanisms and follow, examine the implementation of the regulations on working conditions such as law enforcement. Costume, crude weapons, support tools, market management, signs, signs, signs, signs, and a market check-up of the market management force.

The Bureau of Market Management is responsible for the staff, helping the Minister of the Department of Trade to perform the duties stipulated at this.

2. The Provincial People ' s Committee is accountable to the Government on the local market management business; directly organizing, managing, operating the activities of the local market management force under the rule of law; handling cases under the jurisdiction of the local government. the rights to the Chief Bureau of the Market Management Bureau.

The Director of the Department of Commerce helps Chairman of the Provincial People ' s Provincial Committee to manage, direct, check out the Market Management Details on the program, plan operations; on the organization, compile and implement policy regimes to the public Office of the Market Management. the school under the management of cadres, civil service.

The District People's Committee is responsible for coordinating with the Department of Commerce, the Mayor of the Market Management Bureau in organizing, managing, assisting, faciliteors the operation of the Market Management Team on the site; handling the cases. It's under the authority of the Captain of the Market Management Team.

What? 10. The effect of execution

1. This joint venture has been in effect since December 15, 2015 and replaces the Digital Digital. 09 /2001/TT-BTM April 13, 2001 of the Ministry of Commerce directed the organization, the mandate, the powers of the local market management force.

2. Chairman of the Provincial People ' s Committee, Mayor of the Bureau of Market Management, Director of the Department of Commerce, Director of the Interior Department, Chief of the Market Management Bureau, the head of the Ministry of Commerce, the Ministry of Internal Affairs and related agencies responsible. This is a private practice.

3. In the course of the execution if there is an entangrium, the relevant units reflect on the Ministry of Commerce and the Ministry of Internal Affairs for consideration, resolution under jurisdiction ./.

KT. MINISTER OF COMMERCE
Chief.

KT. Minister of Internal Affairs
Chief.

(signed)

(signed)

The White Sea.

Chen Anh Tuan