Occupational prohibitions bound by market surveillance officers in Vietnam

Occupational prohibitions bound by market surveillance officers in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Who are market surveillance officers?

According to Clause 1, Article 10 of the Ordinance on Market surveillance 2016, 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 in Vietnam

According to Clause 2, Article 10 of the Ordinance on Market surveillance 2016, market surveillance officers’ titles:

- Senior market controller;

- Chief market controller;

- Market controller;

- Middle-ranked market controller:

3. Occupational prohibitions bound by market surveillance officers in Vietnam

Occupational prohibitions bound by market surveillance officers according to Article 11 of the Ordinance on Market surveillance 2016 are as follows:

-  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.

- 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.

- 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.

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

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

4. Benefits and policies for market surveillance officers in Vietnam

Benefits and policies for market surveillance officers according to Article 40 of the Ordinance on Market surveillance 2016 are as follows:

- 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.

- 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.

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

5. Professional measures of the market surveillance units in Vietnam

According to Clauses 1 and 2, Article 32 of the Ordinance on Market surveillance 2016 stipulates the professional measures of the market surveillance units as follows:

- Professional measures by market surveillance units comprise:

+ Manage traders of goods and commercial services by area;

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

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

+ Establish information sources for activities of market surveillance units.

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

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