What is the latest regulation on responsibilities, duties and standards of senior market controller?

Main Content

• What are the responsibilities of the senior market controller?
• What are the duties of the senior market controller?
• What are the standards of the senior market controller?
• What are the requirements for a market surveillance civil servant to take the exam to raise the grade to the grade of senior market controller?

What are the responsibilities of the senior market controller?

According to the provisions of Clause 1 Article 5 of Circular 02/2022/TT-BCT of Vietnam, the responsibilities of senior market controllers are as follows:

"Article 5. Senior market controller

1. Responsibilities:

Being a civil servant with the highest professional qualifications of the market surveillance force; assume the prime responsibility for, and advise on, planning policies, strategies and projects within the functions, tasks and powers of the market surveillance force, or perform the task of leading, directing and organizing the implementation of the law on market surveillance on a large scale and with high complexity nationwide or in the assigned area."

What are the duties of the senior market controller?

According to the provisions of Clause 2 Article 5 of Circular 02/2022/TT-BCT of Vietnam, the duties of the senior market controller are as follows:

"Article 5. Senior market controller

...

2. Duties:

a) Preside over and advise on the development of legal documents related to the organization and operation of the market surveillance force;

b) To assume the prime responsibility for advising on the development of strategies, plans, topics, projects and scientific research works at the State, ministerial, branch or provincial levels related to their functions, tasks, powers and organizational structure of the market surveillance force and related state management fields in order to renew and perfect the management mechanism, improve the effectiveness and efficiency of the market surveillance's activities;

c) Organize, direct, guide and inspect the implementation of regulations, policies and laws on official activities of the market surveillance force and the inspection, examination and handling of administrative violations for cases of large scale, complex nature, related to many branches, fields, geographical areas of many provinces or related to international affairs;

d) Summarize, evaluate and propose solutions to amend and supplement mechanisms, policies, laws and professional processes related to the operation of the market surveillance force;

dd) To assume the prime responsibility for organizing the compilation and development of professional and professional instruction programs and documents of the market surveillance force; organize thematic and professional training courses or disseminate knowledge and experience of the market surveillance force;

e) Directly perform official duties and other tasks assigned by superiors."

What is the latest regulation on responsibilities, duties and standards of senior market controller in 2022?

What are the standards of the senior market controller?

According to the provisions of Clauses 3 and 4, Article 5 of Circular 02/2022/TT-BCT of Vietnam on standards of professional competence and training and retraining qualifications of senior market controllers as follows:

"Article 5. Senior market controller

...

3. Standards of professional competence:

a) Understand the guidelines and methods of the communist party, policies and laws of the State related to the functions and tasks of the market surveillance force; firmly grasp the political system, administrative management principles, public service and civil servant regimes of state management agencies; master knowledge of economic management, law, international economic integration and the situation, development trend of industry and field of domestic and international market surveillance;

b) Firmly grasp the regulations on functions, tasks, powers, organizational structure, processes, procedures, order of inspection and examination and competence to handle administrative violations of the Market Manager;

c) Capable of researching and elaborating legal documents, schemes, projects and action programs; capacity to advise on strategic planning, master plans, plans and policies for the activities of the market surveillance force;

d) Capable of organizing, directing, inspecting, controlling and handling violations of law in complicated cases involving many branches, fields and localities. ;

dd) Capable of analyzing, synthesizing and evaluating the implementation of mechanisms, policies, systematization and proposing solutions to complete or solve practical problems that are posed within their respective functions and responsibilities of the market surveillance force;

e) Capable of organizing and directing the application of scientific and technical advances to improve and raise the quality and efficiency of the market surveillance force;

g) Having skills in drafting, presenting, formulating and implementing projects, schemes and programs related to the state management of the market surveillance force;

h) Having basic information technology skills, using foreign languages or using ethnic minority languages for civil servants working in ethnic minority areas as required by the job position.

4. Standards of training and retraining qualifications:

a) Possessing a university degree or higher with a major relevant to the field of operation of the market surveillance force;

b) Possessing an advanced diploma in political theory or an advanced degree in political-administrative theory or having a certificate of political theory level equivalent to advanced political theory issued by a competent authority;

c) Having a certificate of state management knowledge training for civil servants holding the grade of senior specialist or equivalent."

What are the requirements for a market surveillance civil servant to take the exam to raise the grade to the grade of senior market controller?

According to the provisions of Clause 5 Article 5 of Circular 02/2022/TT-BCT of Vietnam, the market surveillance civil servants participating in the exam for promotion to the grade of senior market controller must meet the following requirements:

"Article 5. Senior market controller

...

5. Requirements for market surveillance civil servants to compete for promotion to the grade of senior market controller:

a) Having held the grade of chief market controller and equivalent for full 06 years or more. In case the holding period is equivalent to the grade of Chief Market Controller, the period of holding the grade of Chief Market Controller must be at least 1 year (full 12 months) until the deadline for submitting the application for competition registration of grade raising;

b) During the time holding the grade of chief market controller or equivalent, he has presided over the development of at least 02 legal documents or state-level scientific research topics, schemes, projects or programs; ministerial, branch and provincial levels which have been promulgated or accepted by competent authorities, or presiding over and participating in the formulation of strategies and schemes to prevent and combat smuggling, commercial fraud and counterfeit goods, and inspection schemes, handling violations of commodity lines, groups of goods, fields or projects on inspection and handling of violations according to thematics of the Steering Committee against smuggling, commercial fraud and counterfeiting of the Ministry of Industry and Trade, the Directing Committee of the Ministry of Industry and Trade. Directives against smuggling, commercial fraud and counterfeiting of provinces and centrally run cities have been promulgated. Specifically:

There is a decision of a competent person to establish the Drafting Board, the Editorial Team or the Drafting Team of legal documents, or there is a document assigning the task of presiding over the construction of the competent person, for optional cases, a Drafting Board, Editorial Team or Drafting Team must be established in accordance with the Law on Promulgation of Legal Documents.

There is a decision of a person competent to establish a drafting committee for scientific research topics, schemes, projects or programs at the state, ministerial, branch, or provincial level, or there is a document assigning tasks of the competent person. authority on presiding over and participating in the development of strategies and projects of the Steering Committee against smuggling, commercial fraud and counterfeiting of the Ministry of Industry and Trade, the Steering Committee against smuggling, commercial fraud and counterfeiting of provinces and centrally run cities."