Circular 13/2014/tt-Bct: Provisions On The Public Service Activities Of The Market Management

Original Language Title: Thông tư 13/2014/TT-BCT: Quy định về hoạt động công vụ của công chức quản lý thị trường

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The CIRCULAR regulates the public service activities of the market management officials _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 95/2012/ND-CP on November 12, 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of industry and trade;
Pursuant to the law officers, on November 13, 2008;
Pursuant to Decree No. 34/2010/ND-CP dated May 17, 2011 of the Government regulations on the handling of discipline for public servants;
Pursuant to Decree No. 42/2010/ND-CP dated 15 April 2010 the Government detailing the implementation of a number of articles of the law on emulation, rewarded and amendment, addition of some articles of the law on competition, reward;
Pursuant to Decree No. 157/2007/ND-CP on October 27, 2007 regulatory regime Government liability for heads of agencies, organizations, units of State duty, public service;
Pursuant to Decree No. 10/CP dated 23 January 1995 from the Government about the Organization, duties and powers of market management and Decree No. 27/2008/ND-CP of August 13, 2008 Government's amendments and supplements to some articles of Decree No. 10/CP dated 23 January 1995 from the Government about the Organization duties and powers of the management of the market;
At the suggestion of the Director market management, Minister of industry and Commerce issued a circular regulating the public service activities of public officials to manage the market.
Chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the public service activities of public officials to manage the market, the responsibilities of public servants to manage the market in public service activities, the work was not done in public service activities; measures to deter, prevent and disciplined for violating the laws of the market management in the public service activities; the responsibility of public officials to keep the leadership in the market management agency (hereafter called servant leadership) for violating the law of the market management in the public service activities; reward and incentive regimes people for market management officials have achievements in public service activities.
Article 2. Application object 1. Market regulators including market management Bureau under the Ministry of industry and trade and market management Bureau of the province, the central cities.
2. Public servants working in market management management market, including the market management officials and public servants have yet to be appointed to one of the categories of public servants management market.
Article 3. The principle of public service activities of the market management organization 1. Market management officials to comply with the obligations, responsibilities of public servants in accordance with the law on public officials in public service activities.
2. the public service activities of public officials to manage the market under the principle of collective leadership, personal responsibility and the heads mode; assign specific tasks for each public servants; high personal responsibility in the implementation of the public service activities and the responsibility of the leadership in the management and administration of the public service activities public servants managed by themselves; ensure the public service activities of the market administration, openly democratic, transparent and efficient.
3. the public service activities of public officials must follow the market management tasks; compliance order, work procedures and the provisions of relevant laws; subject to the provisions of the legislation in operation check the market control and sanctioning administrative violations; responsible to the heads and before the law with respect to its public service activities performed.
4. market management officials have achievements in public service activities are rewarded according to the provisions of the law on competition, reward; be entitled to the preferential regime for people if injured or sacrificed when performing the public service operate check to control the market under the provisions of the law. The case management officer breaking the law in public service activities depends on the nature, the degree of violation were applying preventive measures, precautions under the provisions of this circular, being disciplined or prejudice criminal liability under the law.
5. Servant leadership has the responsibility to monitor, check, detect, treat for violation of the laws of the market management in the public service activities according to the hierarchy and rules of law; apply preventive measures, precautions as prescribed in this circular; vicarious responsibility for violation of the law of public servants in the public service activities in accordance with the law and this circular.
Chapter II PUBLIC SERVICE ACTIVITIES, responsibility in PUBLIC SERVICE ACTIVITIES and what NOT to DO in the PUBLIC SERVICE ACTIVITIES of the MARKET MANAGEMENT article 4. The public service activities of the market management organization 1. The public service activities of the market management is implementing the tasks and powers of the market management officials are assigned according to the provisions of the law on public servants and the provisions of this circular.
2. the public service activities of the market management including the implementation of the following works: a) Executive direction;
b) Chief, General, reports;
c) recruitment and policy regimes for public servants;
d) training, professional training;
DD) Organization of conferences and seminars;
e) internal inspection;
g) information, advocacy;
h) Forward;
I) local management;
k) reconnaissance, tracking, detecting service violations;
l) verify, verify the incident violated;
m) inspection, testing and processing of service violation;
n) test coordination;
o) management, use of prints and support tools;
p) The other functions work, the task of managing the market.
Article 5. The responsibilities of public servants to manage the market in public service activities 1. When performing the public service activity, the market manager is responsible for: a) Wearing the costume, wear a sign, badges, insignia properly regulated; done right, public service tasks are delegated or assigned;
b) strictly obey the direction, the work of the Executive authority, discipline and labor rules and regulations of the Agency's activities when the public service activities;
c) handle, solve the right job responsibilities, authority was delegated, in the right sequence, procedure and time limits prescribed by the law and work plans, programs, calendar of the Agency;
d) made or direction, inspection operations market control and sanctioning administrative violations have a base, in the right sequence, procedure, the Authority law;
DD) to protect State secrets, secrets, spokesperson or provide information regulations;
e) management, support tools, publications, market check Card, State assets are granted or assigned to properly regulated;
g) preserving solidarity in bodies; actively combating the expression violates the law in public service activities.
2. In addition to the provisions in clause 1 of this article, the responsible leadership: a) guide the Organization, direction, monitoring, inspection, urging the implementation of the public service activities of his servants to manage;
b) implement measures in prevention of bureaucracy, corruption, practice thrift and fight waste; implementation of the provisions of the law of democracy, cultural Office of the Agency;
c) resolved promptly, properly authorized by law or the competent agency recommendations resolve complaints, denunciations of the individual, the Organization related to the public service activities of his servants to manage;
d) detection, timely, proper, proper authority for public officials breaking the law in public service activities in accordance with the law;
DD) is responsible for the violation of law in public service activities in its management bodies in accordance with the law and this circular.
Article 6. What public servants do not market management in the public service activities 1. Non-observance of labour discipline; not done or done incorrectly, incompletely, untimely assignment or assignment.
2. Causing loss of solidarity do affect the implementation of the public service activities of the Agency; Join gambling in all forms; use drugs; drinking, beer when performing the public service operate.
3. Do not wear the dress market management, wear signs, badges, insignia properly regulated; no market test card when done testing activities controlled under regulation market; not done or done incorrectly rules on management, use of weapons, tools and resources.
4. General or issued documents, professional expertise, not the right content, sequence, time limit and the authority prescribed by law; dishonest reporting information, not timely, not correctly report information mode the work as specified.
5. self Italy spokesman, provided the information to the press what the content is related to the activities of market management forces that are not the speaker, person authorized under regulations spokesperson or mouthpiece affect business activities, reputation, honor of the Organization personal, permission or have not concluded, the prescribed sanction decision.
6. Have the bureaucratic attitude, gesture, bossy, authoritarianism or cause difficulties, troubles for the Agency, organization, or individual units when public service activities.
7. Do consulting for organizations and individuals in the country and abroad about the jobs that involve State secrets, secrets the work or the work in the jurisdiction or resolved without permission.
8. the arbitrarily set out the conditions, requirements, procedures are not rules of law in the reception, resolving complaints, accusations, reception, information processing, testing and sanctioning of administrative violations.
9. Attend the food, drink, borrow, loan, purchase of the object being examined or handling administrative violations; advantage of public service activities are delivered to a personal benefit or received a bribe in any form.

10. Not done or done improperly, not full of provisions of the law in operation check and sanction administrative violations; unlawful intervention on the inspection and sanctioning of administrative violations.
11. Use only non-Indian law to set up the service profile to check, sanctioning administrative violations; lost, forged or falsified the records check, sanctioning administrative violations.
12. Disclosure of information about the testing, sanctioning administrative violations are not properly regulated under any form or mining, unauthorized use of the materials, the profile of the agency or unit to personal advantage.
13. Collect money improperly specified sanctions; embezzlement, appropriation, unauthorized use of administrative penalty proceeds, exhibits, means of administrative violation of detained or seized; fix records, vouchers, accounting books to embezzlement, seized administrative fines or exhibits administrative violations.
14. Taking advantage of the position and powers of covering, tolerate administrative violations, no sanctions, sanctions are not timely, not sanctions or retain the incidents of crime marks to administrative sanctions.
15. other acts not being as active in the public service in accordance with the law.
Chapter III MEASURES to DETER, PREVENT and DISCIPLINED for VIOLATING the LAWS of the MARKET MANAGEMENT in the PUBLIC SERVICE ACTIVITIES in article 7. The preventive measures, precautions for violation of the laws of the market management in the public service activities 1. The violations of the law or violate the law in public service activities of the market management must be discovered in a timely manner, adopt measures to deter, prevent to prevent violations and prevent the next violation.
2. The preventive measures, precautions are applicable to public officials to manage the market in breach of the law or violate the law in public service activities: a) suspended implementation of the public service activities delivered are related to violations of the law or violate the law;
b) transferred to another in internal organs and units;
c) temporarily suspend the work in the case must be reviewed, disciplined or arrested save for criminal liability in accordance with the law;
d) to temporarily suspend use of the card to check the market.
Article 8. Jurisdiction, the applicable procedure of preventive measures, precautions for violation of the laws of the market management in the public service activities 1. Authority to adopt preventive measures, precautions: a) heads, management unit direct market management, public service operations of public officials have the authority to apply the preventive measures, precautions specified in point a and b item 2 article 7 of this circular for civil servants to manage the market in breach of the law or violate the legal the law in public service activities;
b) competent to adopt preventive measures, precautions specified in point c of paragraph 2 article 7 of this circular for market management officials have violated the law or violate the law in public service activities are performed according to the provisions of the law on decentralization of public management;
c) Group Chief Executive internal inspection law in operation inspection and sanctioning administrative violations of the market management department or Bureau's market manager has the authority to apply preventive measures, precautions specified in point a of paragraph 2 article 7 of this circular and the recommendations to the authority the application of preventive measures , prevent specified in point b and c clause 2 article 7 of this circular for market management officials have violated the law or violate the law in public service activities;
d) jurisdiction to adopt preventive measures, precautions specified in point d of paragraph 2 article 7 of this circular for market management officials have violated the law or violate the law in public service activities are performed according to the provisions of the law on market inspection Card.
2. procedure for applying preventive measures, precautions: a) When discovered or get information about breaking the law or violating the law in the service of the market management officials, who have the authority to adopt preventive measures, to prevent the provisions of paragraph 1 of this article to promptly verify the information , review, evaluate the nature and extent of the violation, the violation error and process the work of public officials to decide to apply one or more preventive measures, precautions under the authority for public servants there are violations or signs violate the law under the provisions of this circular and the legal provisions concerned;
b) adopting preventive measures, to prevent the provisions of paragraph 2 of article 7 of this circular should be made in writing by the competent person specified in clause 1 of this article;
c) text applied preventive measures, prevention of the authorized person must submit to the competent management of public officials were applying preventive measures, precautions to coordination;
d) market management officials were applying preventive measures, precautions must cease immediately violations of law; immediate preventive measures, preventing that authority has applied; have the right to complain to the authorities about the application of preventive measures, precautions in accordance with the law.
3. in case of violation of law in public service activities of the market management officials should be disciplined, the person who has the authority to apply preventive measures, prevention of conduct the review according to the disciplinary authority or recommend competent disciplinary review.
Article 9. Disciplined for market management officials violated the law in public service activities Of breaking the law in public service activities have to be disciplined, the disciplined form, the case has not looked disciplined, the case is free of disciplinary responsibility time, disciplined, disciplined deadline, competent handling of discipline, order and discipline review procedures applied under the provisions of the Government on the handling of discipline for public servants.
Article 10. The aggravation, mitigation is applied when considering disciplined for market management officials violated the law in public service activities 1. The aggravation: a) violated the law several times or re-offending in public service activities;
b) violate the law have held public service activities;
c) Not voluntarily declare or conceals his law violations in the operation of public service;
d) takes advantage of the Office, the authority competent agency hampered in detecting, processing of breaking the law in public service activities;
DD) Executive non-disciplinary review of the competent bodies for breaking the law in public service activities.
2. The extenuating circumstances: a) the first violation and work process has many outstanding achievements;
b) proactively report breaking the law before being detected;
c) voluntary return of property or material benefits have been due to breaking the law in public service activities;
d) compensation and positive proactive fix or limit the damage caused by the breach of his law in public service activities cause;
DD) has a petition to resign and be granted authority to accept.
3. Apply the aggravating, mitigation: a) a violation of the laws of the market management in the public service activities have one of the aggravating to the provisions in clause 1 of this article, you can consider applying disciplined form higher; the case has a lot of aggravation or violate the law causing serious consequences, it might consider granting the highest disciplinary;
b) violation of the laws of the market management in the public service activities have one of the extenuating circumstances the provisions in paragraph 2 of this Article, you can consider applying disciplined form lower; the case has many extenuating circumstances, you can consider reducing or exempting apply disciplinary form.
Article 11. Other disposal measures for market management officials being disciplined 1. The market management officials were disciplined and damaged the property of the State or of other individuals in the Organization of activities to the public service compensation as prescribed by law.
2. The market management officials being disciplined by a in the form of lower tier wages, demoted, due to corruption, embezzlement of public service activities or violate public morals shall not be assigned and do the work relating to job placement had the offense or to corruption occurs , negative.
3. market management officials being disciplined fired due to corruption, embezzlement or breach of ethics in the public service shall not be registered entrants into the market management agency.
Chapter IV LIABILITY of the SERVANT-LEADERS for VIOLATING the LAWS of the MARKET MANAGEMENT in the PUBLIC SERVICE ACTIVITIES article 12. The responsibility of the servant leader for violating the law of the market management in the public service activities 1. Servant leadership is responsible for the violation of the laws of the market management in the public service activity occurred at the Agency, its unit in charge under the provisions of the law on the regime responsible for the head and Deputy of the head of the Agency organizations, units of State duty, public service.
2. Determine responsibility for the leadership of the market management Department, as follows: a) Director market management is responsible to the Minister of industry and trade for the public servants of the Department violates the law in public service activities;
b) Deputy Director market management Department is responsible for public officials of the Bureau of management directly violates the law in public service activities;
c) Chief or equivalent units in the Department responsible for public servants of the room or the equivalent unit violated the law in public service activities;

d) Deputy head or equivalent units in the Department responsible for public servants of the room or the equivalent unit directly manage breaking the law in public service activities.
3. Determine responsibility for the leadership of the market management Department, as follows: a) the Bureau Chief market management agency responsible to the Director of the Department of industry and Commerce for public officials of breaking the law in public service activities;
b) Deputy Bureau Chief market management agency responsible for public officials of Bureau directly manage breaking the law in public service activities;
c) Captain of market management and head of Department of the Bureau responsible for the team's servants or violate the law in public service activities;
d) Vice Captain of market management and Deputy Head of the Department of the Bureau responsible for the team's servants or room directly manage breaking the law in public service activities.
4. The leadership responsible for violating the law of public servants in the public service activities by themselves directly assigned.
Article 13. The circumstances aggravating or mitigation, provided liability for servant leadership 1. The leadership was considering exempting liability in the following cases: a) cannot know or did off responsibility and adopt the measures necessary to prevent, prevent the violation of the laws of the market management in the public service activities;
b) Have strict handling, report promptly to the competent authorities about the breach of the laws of the market management in the public service activities;
c) actively issued the text of the decision to modify, Supplement, replace, repeal, cancel or suspend the enforcement of a section or the entire text, unlawful decision issued by themselves and overcome the consequences of finishing the enactment and implementation of the text against the law that cause;
d) head of absence at the Agency and had written authorizations or delivered right to the level of Deputy during his absence;
DD) The case is free of other responsibilities under the provisions of the law on liability for heads and deputies of the heads of agencies, organizations, units of State duty, public service.
2. The leadership was considering easing the responsibility when himself violates, has application to resign and has overcome his cause be authorized to approve.
3. The leadership was considering liability in the following cases: a) untrue reports about the incident related to the violation of the laws of the market management in the public service activities; covering behavior, tolerate, in collusion with the market management officials violated the law in public service activities;
b) repeatedly to happen violates the law in public service activities in his unit, agency management, charge that does not implement the measures necessary to prevent, limit, to remedy the consequences of breaking the law or violate the law without strict processing , not timely reporting to competent authorities handled the violation;
c) happen when being disciplined about the violation of the regime of responsibility or lack of honesty in reporting, reporting, receiving criticism, review or deliberately evade, shifting responsibility;
d) The cases of other liability in accordance with the law on the regime of responsibility for the heads and deputies of the heads of agencies, organizations, units of State duty, public service.
Chapter V REWARDS and INCENTIVE REGIMES for PUBLIC OFFICIALS to MANAGE the MARKET in PUBLIC SERVICE ACTIVITIES article 14. The principle of rewarding for the collective, the individual market management agency's accomplishments in public service activities 1. Achievements are clear, specific; achieved at the level of the reward in the level; match each class level, each type of achievement respectively with results achieved in public service activities, corresponding to the level of contribution, dedication to the cause of the industrial and commercial sector and market management forces.
2. Commended, rewarded his devotion based on achievement in public service activities reach, great contribution, the scope of the broad influence of high rewards, class is not necessarily sequential form rewarding low then rewarded high.
3. annual achievement awards made under the principle of reward from a low to high reward level.
4. no incremental achievement awards of the last to lift the next reward level, does not necessarily suggest the following to reward higher than times before.
5. Reward personal attention is the grassroots organization; mirror the good work good, courageous action saved the property to the State, people; public servants work in remote areas, mountains, Islands or having achievements in the areas of focus, critical, difficult, dangerous, toxic; individual, collective from weak rise.
6. the unit is the annual achievement awards the new unit leadership is considering rewarding achievement, reward level of leadership is lower than or equal to the level of the unit.
7. the superior agency heads are responsible for monitoring, reviewing the decision to reward or reward for the authorized direct subordinates, not necessarily the level under new proposal rewarded.
Article 15. The work rewarded for individual exercise of market management agency achievements in public service activities 1. Review work rewarded for the collective, individual achievement in public service activities are as follows: a) rewarded regularly conducted annually for the collective, the individual has achieved outstanding achievements in public service activities after the end of the mission implementation plan each year or years;
b) rewarded in batches (or thematic) for collective, individuals have attained outstanding achievements in public service activities after the end of a competition, a program or a topical task was directed, launching;
c) rewarded extraordinarily for the collective, the individual has achieved extraordinary achievements in public service activities;
d) commended the dedication process for individuals involved in the long process of market management forces or work, excellence in public service activities that contribute to the building of market management forces;
Foreign Awards) for the collective, the individual is not in market management forces had a positive contribution to achievement of the public service activities of market management forces.
2. The standard of merit; the form of rewards; the Authority decided to reward, reward recommendation; the recommended procedure for record rewarded; the sequences, procedures, processes and processing time reward records; awarded and received awards; using emulation, reward Fund; record awards made under the provisions of the law on competition, reward.
Article 16. Implement the preferential regime for market management officials were injured or died in active duty 1. Market management officer is injured or sacrificed when performing the public service operate check to control the market shall be entitled to the preferential regime, consider the people as specified in clause 1 article 7 of Decree 10/CP dated 23 January 1995 from the Government about the Organization duties and powers of the management of the market.
2. Heads of market management agency managing public servants have a responsibility to lead, in cooperation with relevant agencies to profile review proposals enjoy preferential people according to the rules for market management officials injured or sacrificed when performing the public service operate check to control the market.
Chapter VI article 17 ENFORCEMENT TERMS. Effect 1. This circular is in effect from July 1, 2014.
2. This circular replaces decision No 1243/2000/QD-BTM on 06 September 2000 of the Minister of Commerce enacted the Statute of public officials to manage the market.
Article 18. Responsible for implementation 1. Director market management is responsible for: a) popular, holds and organize the implementation of this circular for the Agency and the Department of management to the market;
b) track, the urge, tutorial, check out the market management Department in the implementation of this circular;
c) synthesis report, the implementation of this circular as defined and required by the Minister of industry and trade;
d) propose to the Minister of industry and trade of the amendments, this circular supplements when needed.
2. The Director of the Department of industry and trade of the province, central cities are responsible for: a) track, Bureau of market management in implementing this circular with regard to the public service activities of public officials to manage local markets.
b) implementation measures under the jurisdiction over the activity of public servants to manage the local market under the provisions of the law and this circular;
c) timely reflections with Industry the difficulties and problems arising in the process of implementation of this circular and proposed content needs additional amendments when necessary.
3. Bureau Chief market management Bureau is responsible for: a) popular, holds and organize the implementation of this circular for Agency and public servants market management Bureau;
b) track, the urge, instructions, check the force local market management in the implementation of this circular;
c) synthesis report, Director of the Department of industry and trade, Director of market management in the implementation of this circular as prescribed;
d) timely reflections with market management Department, Ministry of industry and trade of the difficulties and problems arising in the process of implementation of this circular and proposed content needs additional amendments when necessary.