DECREE

ORGANIZATION AND OPERATION OF INSPECTORATES IN INDUSTRY AND TRADE SECTOR

Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization and operation of inspectorates in Industry and Trade sector, which comes into force from February 01, 2016, is amended by:

1. Government’s Decree No. 54/2020/ND-CP dated May 18, 2020 on amendments to some Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization and operation of inspectorates in Industry and Trade sector, which comes into force from July 07, 2020.

2. Government’s Decree No. 03/2023/ND-CP dated February 10, 2023 on functions, tasks, powers and organizational structure of Vietnam Competition Commission, which comes into force from April 01, 2023.

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Inspection dated November 15, 2010;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;

...

...

...

Pursuant to the Law on Protection of Consumers’ Rights dated November 17, 2010;

Pursuant to the Petroleum Law dated July 06, 1993; the Law on amendments to some Articles of the Petroleum Law dated June 09, 2000 and June 03, 2008;

Pursuant to the Law on Chemicals dated November 21, 2007;

Pursuant to the Law on Commercial Activities dated June 14, 2005;

Pursuant to the Competition Law dated June 12, 2018;

Pursuant to the Law on Electricity dated December 03, 2004 and the Law on amendments to the Law on Electricity dated November 20, 2012;

At the request of the Minister of Industry and Trade of Vietnam,

The Government hereby promulgates a Decree on organization and operation of inspectorates in Industry and Trade sector. 1

Chapter I

...

...

...

Article 1. Scope

This Decree provides for organization and operation of inspection-conducting authorities in Industry and Trade sector; inspectors in Industry and Trade sector; persons assigned to carry out specialized inspection and inspection collaborators in Industry and Trade sector; and responsibilities of agencies, organizations and individuals for inspection in Industry and Trade sector.

Article 2. Inspected entities

1. Agencies, organizations and individuals under management by the Ministry of Industry and Trade and Departments of Industry and Trade.

2. Agencies, organizations and individuals that have obligations to comply with regulations of law in sectors under state management by the Ministry of Industry and Trade and Departments of Industry and Trade.

Article 3. Application of International Treaty

If this Decree and the International Treaty to which the Socialist Republic of Vietnam is a signatory contain different regulations on the same issue, regulations of the International Treaty shall be applied.

Chapter II

ORGANIZATION, TASKS AND POWERS OF INSPECTORATES IN INDUSTRY AND TRADE SECTOR

...

...

...

1. State inspectorates include:

a) Inspectorate of the Ministry of Industry and Trade (hereinafter referred to as “ministerial inspectorate);

b) Inspectorates of Departments of Industry and Trade (hereinafter referred to as “inspectorates of provincial-level departments).

2. 2 Specialized authorities assigned to conduct inspection of the Ministry of Industry and Trade:

a) General Department of Market Surveillance; provincial-level Market Surveillance Departments

b) Vietnam Competition Commission3.

c) Vietnam Chemicals Agency; Industrial Safety Techniques and Environment Agency; Electricity Regulatory Authority of Vietnam; Industry Agency; Vietnam Trade Promotion Agency; Vietnam E-commerce and Digital Economy Agency; Trade Remedies Authority of Vietnam

Article 5. Position, functions and organizational structure of ministerial inspectorate

1. The ministerial inspectorate refers to an agency of the Ministry of Industry and Trade, which assists the Minister of Industry and Trade (hereinafter referred to as “the Minister”) in performing state management of inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption; conducts administrative and specialized inspection; and receives citizens, settles complaints and denunciations and organizes anti-corruption in accordance with regulations of the law.

...

...

...

The chief inspector of the Ministry of Industry and Trade (hereinafter referred to as “ministerial chief inspector”) is appointed or dismissed by the Minister after collection of opinions from the Inspector General of the Government Inspectorate.

The deputy chief inspector of the Ministry of Industry and Trade is appointed or dismissed by the Minister at the request of the ministerial chief inspector. The deputy chief inspector of the Ministry of Industry and Trade shall assist the ministerial chief inspector in performing tasks assigned by the ministerial chief inspector.

3. The ministerial inspectorate has its own seal and account.

4. The ministerial inspectorate has professional divisions to perform assigned tasks.  The Minister decides establishment of divisions of the ministerial inspectorate.

5. The ministerial inspectorate shall be subject to the direction and management by the Minister and the direction of inspection and professional guidance by the Government Inspectorate.

Article 6. Tasks and powers of ministerial inspectorate

The ministerial inspectorate shall perform tasks and powers specified in Article 18 of Law on Inspection and Article 7 of Government’s Decree No. 86/2011/ND-CP dated September 22, 2011 on elaboration and provision of guidance on implementation of some Articles of Law on Inspection, and the following tasks and powers:

1. Preside over or participate in formulation of legal documents related to inspection in Industry and Trade sector.

2. Formulate annual plan for inspection and submit to the Minister for approval.

...

...

...

4. Organize training and refresher training in specialized inspection, receive citizens, settle complaints and denunciations and organize anti-corruption.

5. Request specialized authorities assigned to conduct inspection of the Ministry of Industry and Trade to report on inspection under its management.

6. Monitor, inspect and urge the implementation of conclusions, recommendations and inspection-related decisions of the Minister and the ministerial chief inspector.

7. Monitor, inspect and urge the implementation of complaint-related decisions, denunciation conclusions and methods of handling denunciation of the Minister and Heads of units under the Ministry of Industry and Trade.

8. Preside over or participate in interdisciplinary inspectorates established by the Ministry or central authorities.

9. Summarize and report results of inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption under state management by the Ministry of Industry and Trade, Government Inspectorate and relevant agencies.

10. Receive citizens, settle complaints and denunciations and organize anti-corruption according to regulations of law.

11. Conduct inspection and provide guidance for agencies and units under the Ministry of Industry and Trade on compliance with regulations of law on inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption.

12. Perform other tasks and powers according to regulations of law.

...

...

...

The ministerial chief inspector shall perform tasks and powers specified in Article 19 of Law on Inspection and Article 8 of Government’s Decree No. 86/2011/ND-CP, and the following tasks and powers:

1. Report to the Minister and Inspector General of the Government Inspectorate on inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption within his/her responsibility.

2. Conduct inspection of responsibilities of Heads of agencies and units under management by the Minister of Industry and Trade for compliance with regulations of law on inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption.

3. Convoke officials and public employees of agencies and units under the Ministry of Industry and Trade to participate in inspection.

4. Assist the Minister in monitoring, inspecting and urging agencies and units under management by the Minister in reception of citizens, settlement of complaints and denunciations and anti-corruption.

5. Perform other tasks and powers according to regulations of law.

Article 8. Position, functions and organizational structure of inspectorate of provincial-level department

1. An inspectorate of provincial-level department refers to an agency of Department of Industry and Trade, which assists the Director of the Department in conducting administrative and specialized inspection; receives citizens, settles complaints and denunciations and organizes anti-corruption in accordance with regulations of the law.

2. The inspectorate of provincial-level department includes the chief inspector, deputy chief inspectors, inspectors and other officials.

...

...

...

The deputy chief inspector of the Department of Industry and Trade is appointed or dismissed by the Director of the Department at the request of the chief inspector of provincial-level department. The deputy chief inspector of the Department of Industry and Trade shall assist the chief inspector of provincial-level department in performing tasks assigned by the chief inspector of provincial-level department.

3. The inspectorate of provincial-level department has its own seal and account.

4. The inspectorate of provincial-level department shall be subject to the direction and management by the Director of the Department and the direction of inspection and professional guidance on administrative inspection by the provincial inspectorate and specialized inspection by the ministerial inspectorate.

Article 6. Tasks and powers of inspectorate of provincial-level department 4

An inspectorate of provincial-level department shall perform tasks and powers specified in Article 24 of Law on Inspection and Article 13 of Government’s Decree No. 86/2011/ND-CP, and the following tasks and powers:

1. Monitor, inspect and urge the implementation of conclusions, recommendations and inspection-related decisions; complaint-related decisions and denunciation conclusions of the Director and the inspectorate of provincial-level department.

2. Summarize and report results of inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption under management by the Department of Industry and Trade according to regulations of law.

3. Conduct inspection and provide guidance for agencies and units under the Department of Industry and Trade on compliance with regulations of law on inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption.

4. Preside over or participate in interdisciplinary inspectorates established by the Department or central authorities.

...

...

...

Article 10. Tasks and powers of chief inspector of provincial-level department

A chief inspector of provincial-level department shall perform tasks and powers specified in Article 25 of Law on Inspection and Article 14 of Government’s Decree No. 86/2011/ND-CP, and the following tasks and powers:

1. Report to the Director of the Department, the provincial chief inspector and the ministerial chief inspector on inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption within his/her responsibility.

2. Conduct inspection of responsibilities of the Head of unit under the Department of Industry and Trade for compliance with regulations of law on inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption.

3. Convoke officials and public employees of agencies and units under the Department of Industry and Trade to participate in inspection.

4. Assist the Director of the Department in monitoring, inspecting and urging agencies and units under management by the Director in reception of citizens, settlement of complaints and denunciations and anti-corruption.

5. 5 (annulled).

6. Perform other tasks and powers according to regulations of law.

Article 11. Tasks and powers of specialized Departments and General Department assigned to conduct inspection

...

...

...

1. Formulate inspection plans and send them to the ministerial inspectorate so that the ministerial inspectorate submits such plans to the Minister for approval and implementation.

2. Inspect the observance of specialized laws, professional-technical regulations and rules for management of sectors and domains assigned by the Minister.

3. Inspect cases with signs of law violation when they are assigned by the Minister and the ministerial chief inspector.

4. Monitor, inspect and urge the implementation of their conclusions, recommendations and inspection-related decisions.

5. Summarize and report results of specialized inspection to the ministerial chief inspector.

Article 12. 6 (annulled)

Article 13. Tasks and powers of Heads of specialized authorities assigned to conduct inspection 7

Heads of specialized authorities assigned to conduct inspection shall perform tasks and powers specified in Decree No. 07/2012/ND-CP, and the following tasks and powers:

1. Impose administrative penalties for violations as prescribed by law.

...

...

...

3. Decide to assign officials to conduct specialized inspection.

Article 14. Specialized inspection advisory divisions at General Department and equivalents agencies, Departments under the Ministry of Industry and Trade, specialized Departments under General Department assigned to conduct inspection 8.

The specialized inspection advisory division at General Department is operated in the form of a Department; and Specialized inspection advisory divisions at Departments of the Ministry of Industry and Trade and General Department are operated in the form of Offices.

Chapter III

OPERATION OF INSPECTORATES IN INDUSTRY AND TRADE SECTOR

Sector 1. ADMINISTRATIVE INSPECTION

Article 15. Entities subject to administrative inspection

The ministerial inspectorate and inspectorates of provincial-level departments shall inspect performance of assigned tasks, powers, policies and laws by agencies, organizations and individuals specified in Clause 1 Article 2 of this Decree.

Article 16. Authority to issue decision on administrative inspection

...

...

...

Article 17. Procedure for administrative inspection

Procedure for administrative inspection shall comply with regulations in Article 44 through Article 50 of Law on Inspection and Article 21 through Article 31 of Decree No. 86/2011/ND-CP.

Sector 2. SPECIALIZED INSPECTION

Article 18. Entities subject to specialized inspection

Agencies, organizations and individuals specified in Clause 2 Article 2 of this Decree.

Article 19. Authority to issue decision on specialized inspection

Authority to issue decision on specialized inspection shall comply with regulations in Article 51 of Law on Inspection, Article 14 and Article 15 of Decree No. 07/2012/ND-CP.

Article 20. Procedure for specialized inspection

Procedure for specialized inspection shall comply with regulations in Article 52 through Article 56 of Law on Inspection and Article 16 through Article 32 of Decree No. 07/2012/ND-CP.

...

...

...

Observance of law on electric safety; management of safety of hydroelectric dams and reservoirs; safety of chemicals and liquefied petroleum gas; safety of industrial explosives and explosive precursors; pressure and mechanical safety; safety of coal mining; environmental protection under management scope; other contents according to regulations of law.

Article 22. Specialized inspection of industry 10

Observance of law on mechanical engineering, metallurgy, mining and mineral processing industries (except for types of minerals used for production of building materials and cement products), consumer industry, food industry, bioindustry, supporting industries, electronics industry and high-tech industry under management scope; and other contents according to regulations of law.

Article 23. Specialized inspection of energy

1. Observance of specialized law on electricity under management scope:

a) Implementation of contents in electricity licenses;

b) Operation of national power system, including: forecast about load, connection, electrical measurement, operation in the national electricity system, fault handling, black start, ancillary services and electricity supply disconnection and reduction; observance of regulations of law on load dispatching;

c) Observance of regulations of law on electricity prices and fees, including brackets of electricity generation prices, electricity wholesale prices, electricity transmission prices, electricity retail price, prices of ancillary services for power system, fees for operating and regulating the power system and fees for regulating electricity market transactions; regulations of law on electricity market;

d) Observance of regulations of law on implementation progress and location, ash and slag landfill of thermal power plants in the form of Build - Operate - Transfer (BOT), other thermal power plants; regulations of law on power grids, rural electricity and hydroelectricity;

...

...

...

2. Observance of specialized law on new energy, renewable energy and energy saving under management scope; other contents according to regulations of law.

3. Observance of specialized law on coal mining, processing and infrastructure; coal recovery in mining and processing; coal consumption and import; coal production and transportation costs under management scope; other contents according to regulations of law.

4. Observance of specialized law on petroleum including exploration of reserves, exploitation, transportation, processing and distribution of petroleum; clearing of fixed works, equipment and vehicles in service of petroleum activities; burning of associated petroleum gas; implementation of projects for exploration, exploitation, transportation, storage, processing and distribution of petroleum products, petroleum contracts under management scope; other contents according to regulations of law.

5. Observance of specialized law on liquefied petroleum gas, and petrol and oil production, processing and trading under management scope; other contents according to regulations of law.

Article 24. Specialized inspection of chemicals 11

Observance of specialized law on permissible content of toxic chemicals in electric and electronic products, textile products, classification of chemicals according to GHS and Material Safety Data Sheet; prevention and response to chemical incidents in the field of industry; production and use of chemicals in Tables 1, 2 and 3; conditions for production and trade in industrial explosives; conditions for production and trade in explosive precursors; production and trade in banned chemicals and chemicals on the list of restricted industrial chemicals, conditional industrial chemicals; trade in toxic chemicals; chemical declaration; chemical use; chemical safety training; other contents as prescribed by law.

Article 25. 12 (annulled)

Article 26. Specialized inspection of food safety

Observance of specialized law on food safety in the process of production, processing, preservation, transportation, export, import and trade in alcohol, beer, soft drinks, processed milk, vegetable oil, processed flour and starch products, confectionery, packages and other foods under management scope; other contents as prescribed by law.

...

...

...

Observance of specialized law on import, export, temporary import for re-export, temporary export for re-import, trade merchanting, in-transit transport of goods, entrusted import, entrusted export; origin of goods under management scope; other contents as prescribed by law.

Article 28. Specialized inspection of trade promotion

Observance of specialized law on trade fairs, exhibitions, promotion, showrooms, product and service introduction; establishment and operations of representative offices of foreign trade promotion organizations in Vietnam under management scope; other contents as prescribed by law.

Article 29. Specialized inspection of e-commerce 

Observance of specialized law on management of e-commerce websites and e-commerce applications on mobile platforms; provision of information and transactions in e-commerce; provision of e-commerce services; trustmark accreditation for e-commerce websites; evaluation and certification of personal information protection policies in e-commerce; provision of e-contract authentication services; protection of personal information in e-commerce under management scope; other contents as prescribed by law.

Article 30. Specialized inspection of trade 13

1. Observance of specialized law on trade in goods via Mercantile Exchange, border trade, commercial brokerage, good trade entrustment, commercial agents, commercial processing, commercial assessment, franchise under management scope; other contents as prescribed by law.

2. Adhoc inspection of production, export, import, trade in counterfeit goods, banned goods, goods of unknown origin or origin fraud in case agencies, organizations and individuals have signs of law violation under management scope or according to assignment by heads of competent state management agencies in accordance with law.

Article 31. Specialized inspection of competition and multi-level marketing 14

...

...

...

Observance of specialized law on multi-level marketing under management scope; other contents according to regulations of law.

Article 32. Specialized inspection of trade remedies

Observance of specialized law on anti-dumping, countervailing and safeguard measures, and measures against evasion of anti-dumping and countervailing duties under management scope; other contents according to regulations of law.

Article 33. Specialized inspection of protection of consumer rights

Observance of specialized law on registration of contract forms and general transaction conditions in accordance with the law on protection of consumer rights under management scope; other contents as prescribed by law.

Section 3. INSPECTION PLANS, HANDLING OF OVERLAPS AND DUPLICATIONS IN INSPECTION, INFORMATION AND REPORTING REGIME AND RE-INSPECTION

Article 34. Formulation and approval for annual plans for inspection

1. The ministerial inspectorate shall preside over and cooperate with Departments and General Department under the Ministry, according to inspection program orientation, guidelines of Inspector General of the Government Inspectorate and requirements for management in formulating inspection plans and submitting them to the Minister by November 15 every year.  The Minister will approve inspection plans by November 25 every year.

2. 15. Inspectorates of provincial-level departments shall, according to inspection plans of the ministerial inspectorate, the provincial inspectorates and requirements for management, formulate inspection plans and submit them to Directors of Departments of Industry and Trade by December 05 every year.  Directors of Departments of Industry and Trade shall approve inspection plans by December 15 every year.

...

...

...

Article 35. Handling of overlaps and duplications in inspection

1. If inspection plans of the Ministry of Industry and Trade and Departments of Industry and Trade contain overlaps and duplications, the inspection plan of the Ministry of Industry and Trade shall be implemented.

2. The ministerial chief inspector shall handle overlaps and duplications of scope, entities, contents and time for inspection by the ministerial inspectorate, inspectorates of General Department and Departments under the Ministry of Industry and Trade assigned to conduct specialized inspection and submit to the Minister for consideration; cooperate with chief inspectors of Ministries and ministerial-level agencies in handling overlaps and duplications of inspection by inspectorates of Ministries and ministerial-level agencies; cooperate with provincial chief inspectors in handling overlaps and duplications of inspection between inspectorates of the Industry and Trade sector and local inspectorates.

3. 17 Chief inspectors of provincial-level departments shall report to provincial chief inspectors on handling overlaps and duplications of inspection between Departments of Industry and Trade and local inspectorates.

4.18 General Director shall handle overlaps and duplications of scope, entities, contents and time for inspection by Departments under General Department in the process of formulation of annual plans for inspection.

Article 36. Inspection information and reporting regime

1. The ministerial inspectorate shall report to the Minister and Inspector General of Government Inspectorate on inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption within responsibility scope.

2. General Department and Departments shall report to the ministerial inspectorate on inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption within responsibility scope.

3. Inspectorates of provincial-level departments shall report to the Directors of Departments, provincial chief inspectors and the ministerial chief inspector on inspection, reception of citizens, settlement of complaints and denunciations and anti-corruption within responsibility scope.

...

...

...

5. Agencies and units under the Ministry of Industry and Trade shall send inspection conclusions and audit reports to the ministerial inspectorate within 10 days from the date of receipt of inspection conclusions of inspectorates and audit reports of the State Audit.

Article 37. Re-inspection

1. The ministerial chief inspector decides re-inspection of cases that heads of specialized authorities assigned to conduct inspection under the Ministry of Industry and Trade and Presidents of the Provincial People's Committees within scope and state management by the Ministry of Industry and Trade have made conclusions but there are signs of law violations according to assignment by the Minister.

2. 20 (annulled).

3. Procedure for re-inspection shall comply with regulations in Article 48 through Article 52 of Decree No. 86/2011/ND-CP and Article 33 through Article 38 of Decree No. 07/2012/ND-CP.

Chapter IV

INSPECTORS, PERSONS ASSIGNED TO CARRY OUT SPECIALIZED INSPECTION AND INSPECTION COLLABORATORS IN INDUSTRY AND TRADE SECTOR

Article 38. Inspectors in Industry and Trade sector

1. Inspectors in Industry and Trade sector refer to officials of the ministerial inspectorate and inspectorates of provincial-level departments who are appointed to inspection in order to conduct inspection in accordance with the law and other tasks as assigned by the ministerial chief inspector and chief inspectors of provincial-level departments.

...

...

...

3. Inspectors in Industry and Trade sector shall be provided with uniforms, cards, badges and signs, and entitled to other regimes and policies according to regulations of law.

Article 39. Inspection collaborators in Industry and Trade sector

1. Inspection collaborators in Industry and Trade sector refer to people who are convoked by the ministerial inspectorate and inspectorates of provincial-level departments in order to participate in inspectorates.

2. Inspection collaborators in Industry and Trade sector refer to people who are not on payrolls of state inspectorates and have good moral characters; have responsibility, integrity, honesty, fairness and objectivity; and have professional qualifications in conformity with requirements and tasks in inspection of convoking agencies.

3. Inspection collaborators in Industry and Trade sector shall have duties, powers and responsibilities, and be entitled to regimes and policies in accordance with the law on inspection and other relevant laws.

Article 40. Persons assigned to carry out specialized inspection at specialized authorities assigned to conduct inspection 21

1. Persons assigned to perform specialized inspection refer to officials of General Department and equivalent agencies, Departments under the Ministry of Industry and Trade, and Departments under General Department assigned to carry out specialized inspection who are eligible according to regulations of their current official rank and standards specified in Article 12 of Decree No. 07/2012/ND-CP and regulations of the Minister of Industry and Trade.

2. Persons assigned to carry out specialized inspection at General Department and equivalent agencies, Departments under the Ministry of Industry and Trade, and Departments under General Department shall be entitled to impose administrative penalties according to regulations in Article 46 of Law on Handling Administrative Violations and receive allowances when they carry out inspection according to regulations of law.

Chapter V

...

...

...

Article 41. Responsibility of the Minister of Industry and Trade

1. Direct inspection under management by the Ministry of Industry and Trade.

2. Approve annual plans for inspection.

3. Promptly settle conclusions and recommendations on inspection.

4. Ensure funding and working conditions for the ministerial inspectorate and specialized authorities assigned to conduct inspection under the Ministry.

5. Perform other tasks and powers according to regulations of law.

Article 42. Responsibilities of Presidents of the Provincial People’s Committees

1. 22 Direct professional agencies under Provincial People’s Committees to ensure payrolls, funding and working conditions for inspectorates of provincial-level departments.

2. Direct training and refresher training in inspection and ensure regimes and policies for inspectors, officials of inspectorates of provincial-level departments and officials assigned to carry out specialized inspection.

...

...

...

1. Direct inspection under management by Departments of Industry and Trade.

2. Direct formulation and approval for annual plans for inspection.

3. Promptly settle conclusions and recommendations on inspection.

4. Promptly resolve difficulties and obstacles to inspection; handle overlaps and duplications of inspection.

5. Perform other tasks and powers according to regulations of law.

Article 44. Responsibilities for cooperation between inspectorates of Industry and Trade sector and relevant agencies and organizations

1. The ministerial inspectorate shall cooperate with units affiliated to Government Inspectorate, inspectorates of Ministries, central authorities, General Department and Departments of the Ministry of Industry and Trade, provincial inspectorates, inspectorates of provincial-level departments and relevant agencies in inspection, settlement of complaints and denunciations and anti-corruption.

2. Inspectorates of provincial-level departments shall cooperate with the ministerial inspectorate, provincial inspectorates, district inspectorates, industry and trade agencies affiliated to the People’s Committees of districts and relevant agencies in inspection, settlement of complaints and denunciations and anti-corruption.

Chapter VI

...

...

...

Article 45. Effect

This Decree comes into effect from February 01, 2016 and replaces Government’s Decree No. 117/2006/ND-CP dated October 09, 2006 on organization and operation of Industry inspectorate in sector and Government's Decree No. 103/2004/ND-CP dated March 01, 2004 on organization and operation of Electricity inspectorate.

Article 46. Responsibility for implementation

1. The Minister of Industry and Trade organizes the implementation of this Decree.

2. Ministries, Heads of ministerial agencies and Governmental agencies, the Presidents of People's Committees of provinces and central-affiliated cities and relevant organizations and individuals shall be responsible for implementation of this Decree./.

CONFIRMED BY

PP. THE MINISTER
DEPUTY MINISTER




Nguyen Sinh Nhat Tan

...

...

...

1 Government’s Decree No. 54/2020/ND-CP on amendments to some Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization and operation of inspectorates in Industry and Trade sector is promulgated pursuant to:

“The Law on Government Organization dated June 19, 2015;

 The Law on Inspection dated November 15, 2010;

 The Law on Handling of Administrative Violations dated June 20, 2012;

 The Petroleum Law dated June 07, 1993; the Law on amendments to some Articles of the Petroleum Law dated June 09, 2000 and June 03, 2008;

 The Law on Electricity dated December 03, 2004 and the Law on amendments to the Law on Electricity dated November 20, 2012;

Pursuant to the Law on Commercial Activities dated June 14, 2005;

The Law on Chemicals dated November 21, 2007;

The Law on Food Safety dated June 17, 2010;

...

...

...

The Law on Trade Foreign Management dated June 12, 2017;

The Competition Law dated June 12, 2018;

At the request of the Minister of Industry and Trade of Vietnam,

The Government promulgates Decree on amendments to some Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization and operation of inspectorates in Industry and Trade sector.”

Government’s Decree No. 03/2023/ND-CP on functions, tasks, powers and organizational structure of Vietnam Competition Commission is promulgated pursuant to:

“The Law on Government Organization dated June 19, 2015; the Law on amendments to some Articles of the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

The Competition Law dated June 12, 2018;

The Law on Protection of Consumers’ Rights dated November 17, 2010;

At the request of the Minister of Industry and Trade of Vietnam;

...

...

...

2 This Clause is amended by Clause 1 Article 1 of Decree No. 54/2020/ND-CP on amendments to some Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization and operation of inspectorates in Industry and Trade sector, which comes into force from July 07, 2020.

3 The phrase “Cục Cạnh tranh và Bảo vệ người tiêu dùng” (“Vietnam Competition and Consumer Authority”) is changed into “Ủy ban Cạnh tranh Quốc gia” (“Vietnam Competition Commission”) according to regulations in Clause 5 Article 6 of Government’s Decree No. 03/2023/ND-CP on functions, tasks, powers and organizational structure of Vietnam Competition Commission, which comes into force from April 01, 2023.

4 This Article is amended by Clause 2 Article 1 of Decree No. 54/2020/ND-CP on amendments to some Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization and operation of inspectorates in Industry and Trade sector, which comes into force from July 07, 2020.

5 This Clause is annulled by Article 2 of Decree No. 54/2020/ND-CP on amendments to some Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization and operation of inspectorates in Industry and Trade sector, which comes into force from July 07, 2020.

6 This Article is annulled by Article 2 of Decree No. 54/2020/ND-CP on amendments to some Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization and operation of inspectorates in Industry and Trade sector, which comes into force from July 07, 2020.

7 This Article is amended by Clause 3 Article 1 of Decree No. 54/2020/ND-CP on amendments to some Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization and operation of inspectorates in Industry and Trade sector, which comes into force from July 07, 2020.

8 This Article is amended by Clause 4 Article 1 of Decree No. 54/2020/ND-CP on amendments to some Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization and operation of inspectorates in Industry and Trade sector, which comes into force from July 07, 2020.

9 This Article is amended by Clause 5 Article 1 of Decree No. 54/2020/ND-CP on amendments to some Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization and operation of inspectorates in Industry and Trade sector, which comes into force from July 07, 2020.

10 This Article is amended by Clause 6 Article 1 of Decree No. 54/2020/ND-CP on amendments to some Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization and operation of inspectorates in Industry and Trade sector, which comes into force from July 07, 2020.

...

...

...

12 This Article is annulled by Article 2 of Decree No. 54/2020/ND-CP on amendments to some Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization and operation of inspectorates in Industry and Trade sector, which comes into force from July 07, 2020.

13 This Article is amended by Clause 8 Article 1 of Decree No. 54/2020/ND-CP on amendments to some Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization and operation of inspectorates in Industry and Trade sector, which comes into force from July 07, 2020.

14 This Article is amended by Clause 9 Article 1 of Decree No. 54/2020/ND-CP on amendments to some Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization and operation of inspectorates in Industry and Trade sector, which comes into force from July 07, 2020.

15 This Clause is amended by Clause 10 Article 1 of Decree No. 54/2020/ND-CP on amendments to some Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization and operation of inspectorates in Industry and Trade sector, which comes into force from July 07, 2020.

16 This Clause is amended by Clause 10 Article 1 of Decree No. 54/2020/ND-CP on amendments to some Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization and operation of inspectorates in Industry and Trade sector, which comes into force from July 07, 2020.

17 This Clause is amended by Clause 11 Article 1 of Decree No. 54/2020/ND-CP on amendments to some Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization and operation of inspectorates in Industry and Trade sector, which comes into force from July 07, 2020.

18 This Clause is added by Clause 12 Article 1 of Decree No. 54/2020/ND-CP on amendments to some Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization and operation of inspectorates in Industry and Trade sector, which comes into force from July 07, 2020.

19 This Clause is amended by Clause 13 Article 1 of Decree No. 54/2020/ND-CP on amendments to some Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization and operation of inspectorates in Industry and Trade sector, which comes into force from July 07, 2020.

20 This Clause is annulled by Article 2 of Decree No. 54/2020/ND-CP on amendments to some Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization and operation of inspectorates in Industry and Trade sector, which comes into force from July 07, 2020.

...

...

...

22 This Clause is amended by Clause 15 Article 1 of Decree No. 54/2020/ND-CP on amendments to some Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization and operation of inspectorates in Industry and Trade sector, which comes into force from July 07, 2020.

23 Articles 3, 4 and 5 of Decree No. 54/2020/ND-CP on amendments to some Articles of Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 on organization and operation of inspectorates in Industry and Trade sector, which comes into force from July 07, 2020, stipulate that:

“Article 3. Transition clauses

Vietnam Competition and Consumer Authority shall continue to carry out specialized inspection until the Government promulgates Decree on functions, tasks, powers and organizational structure of Vietnam Competition Commission.

Article 4. Implementation clause

This Decree comes into effect from July 07, 2020.

Article 5. Responsibility for implementation

Ministries, Heads of ministerial agencies and Governmental agencies, the Presidents of People's Committees of provinces and central-affiliated cities and relevant organizations and individuals shall be responsible for implemention of this Decree./.

Articles 6 and 7 of Government’s Decree No. 03/2023/ND-CP on functions, tasks, powers and organizational structure of Vietnam Competition Commission, which comes into force from April 01, 2023, stipulate that:

...

...

...

1. This Decree comes into effect from April 01, 2023.

2. The following documents shall be annulled from the effective date of this Decree:

a) Government’s Decree No. 07/2015/ND-CP dated January 16, 2015 on functions, tasks, powers and organizational structure of Vietnam Competition Council;

b) Decision No. 24/2015/QD-TTg dated June 30, 2015 of the Prime Minister on Regulation on organization and operation of Vietnam Competition Council.

3. The phrase “Cục Cạnh tranh và Bảo vệ người tiêu dùng” (“Vietnam Competition and Consumer Authority”) is replaced with the phrase “Ủy ban Cạnh tranh Quốc gia” (“Vietnam Competition Commission”) in Clause 2 Article 54 and the Appendix enclosed with the Government’s Decree No. 40/2018/ND-CP dated March 12, 2018 on regulatory framework for multi-level marketing.

4. The phrase “Cục Quản lý cạnh tranh” (“Vietnam Competition Authority”) is replaced with the phrase “Ủy ban Cạnh tranh Quốc gia” (“Vietnam Competition Commission”) in Clause 1 Article 34 of the Government’s Decree No. 99/2011/ND-CP dated October 27, 2011 on provision of guidelines for implementation of the Law on Protection of Consumer Rights.

5. The phrase “Cục Cạnh tranh và Bảo vệ người tiêu dùng” (“Vietnam Competition and Consumer Authority”) is replaced with the phrase “Ủy ban Cạnh tranh Quốc gia” (“Vietnam Competition Commission”) in Clause 1 Article 1 of the Government’s Decree No. 54/2020/ND-CP dated May 18, 2020 on amendments to the Government’s Decree No. 127/2015/ND-CP dated December 14, 2015 prescribing organization and operation of inspectorates in Industry and Trade sector.

Article 7. Responsibility for implementation

1. The Minister of Industry and Trade of Vietnam stipulates functions, tasks, powers and organizational structure of Vietnam Competition Commission for performance of the tasks of state management of competition, protection of consumer rights, and multi-level marketing operations.

...

...

...

3. The Minister of Industry and Trade of Vietnam, Ministers, Heads of ministerial agencies, Heads of governmental agencies, Presidents of People’s Committees of provinces and central-affiliated cities and the President of Vietnam Competition Commission shall implement this Decree.”