Missions and authority of market surveillance units in Vietnam

Missions and authority of market surveillance units in Vietnam (Internet image)

1. What are market surveillance units?

According to Article 7 of the Ordinance on Market surveillance 2016, 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.

2. Missions and authority of market surveillance units in Vietnam

Specifically, in Article 8 of the Ordinance on Market surveillance 2016, the missions and authority of market surveillance units are specified as follows:

- Examine the legal compliance by entities intra vires according to Article 17 of Ordinance on Market surveillance 2016.

- Carry out specialist inspections.

- Settle administrative infractions.

- 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.

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

- Propagate laws and provide guidelines to organizations and individuals.

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

- 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.

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

- Provide counsels for the Minister of Industry and Trade to exercise state management according to Section 1, Article 4 of the Ordinance on Market surveillance 2016.

3. Principles for activities of market surveillance units in Vietnam

Principles for activities of market surveillance units specified in Article 5 of the Ordinance on Market surveillance 2016 are as follows:

- 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.

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

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

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

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

4. Development of market surveillance units in Vietnam

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

- 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.

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

(Article 6 of the Ordinance on Market surveillance 2016)

Thanh Rin

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