Chương 5 Luật Thương mại 1997: Quản lý nhà nước về thương mại

Chapter V

STATE MANAGEMENT OF COMMERCE

Section 1. CONTENT OF STATE MANAGEMENT OF COMMERCE

Article 244.- State management of commerce

The State uniformly manages commerce by means of laws, policies, strategies, planning and plans for commercial development.

The State regulates commercial activities principally by way of economic measures as well as pricing, financial and credit instruments.

Article 245.- Content of the State management of commerce

The State management of commerce shall include:

1. Promulgation of legal documents on commerce and formulating policies, strategies, planning and plans for commercial development;

2. Organization of commercial registration;

3. Organization of the collection, processing and supply of information; forecasting and orientation of domestic and overseas markets;

4. Provision of guidances for rational and economical consumption;

5. Regulation of goods circulation along the socio-economic development orientation of the State and in accordance with the provisions of law;

6. Control of quality of goods domestically circulated and goods imported and exported;

7. Organization and facilitation of commercial promotion activities;

8. Organization and management of commercial research work;

9. Training and building a contingent of cadres for commercial activities;

10. Signing or acceding to international treaties on trade;

11. Representation and management of Vietnams commercial activities overseas;

12. Guiding, inspection and examination of implementation of policies, planning and plans for commercial development and the observance of commercial legislation; dealing with breaches of commercial legislation; organization of fight against smuggling, trading of prohibited goods and fake goods, speculation for the purpose of market control, illegal trading activities, and other acts of violation of commercial legislation.

Article 246.- State bodies for the management of commerce

1. The Government shall exercise uniform State management of commerce

2. The Ministry of Trade shall be responsible to the Government for the exercise of the management of commerce.

3. Ministries, ministerial-level agencies and agencies attached to the Government shall, within their respective powers and duties, be responsible for exercising the State management of commerce in their assigned areas.

The Government shall specify the responsibilities of ministries, ministerial-level agencies and agencies attached to the Government for co-ordination with the Ministry of Trade in the exercise of the State management of commerce.

4. Peoples Committees at all level shall exercise the State management of commerce within their respective localities as delegated by the Government.

Article 247.- System of State bodies for the management of commerce

The Government shall define the organizational structure, duties and powers of the State bodies for management of commerce.

Article 248.- Responsibilities for implementation of the Commercial Law

1. State bodies, political organizations, socio-political organizations, social organizations, socio-professional organizations and units of the peoples armed forces shall, within their respective functions, duties and powers, be responsible for supervising, in co-ordination with the State management body in charge of commerce, the implementation of this Law.

2. All organizations and individuals conducting commercial activities in Vietnam shall have to implement this Law.

Section 2. COMMERCIAL INSPECTORS

Article 249.- Commercial inspectors

Commercial inspectors are inspectors specialized in commerce.

The Government shall specify the organizational structure, duties and powers of specialized commercial inspectors.

Article 250.- Contents of commercial inspectors activities

The activities of the commercial inspectors:

1. Inspection of business registrations;

2. Inspection of the observance of commercial legislation;

3. Detection, prevention and handling within their authority, or recommendation to the competent State bodies for handling of breaches of commercial legislation;

4. Recommendation of measures ensuring the enforcement of the commercial legislation and the perfection of the commercial legislation.

Article 251.- Subject of commercial inspection

The subject of commercial inspection shall be commercial activities conducted by traders.

Article 252.- Powers of commercial inspectors

During the course of inspection, the commercial inspector shall have the following powers:

1. To request the inspected parties and relevant parties to supply documents, evidence and explanations with respect to necessary matters directly related to the inspection;

2. To request examination, if necessary;

3. To make record of the inspection and to recommend handling measures;

4. To apply preventive measures and to deal with breaches in accordance with law.

Article 253.- Responsibilities of commercial inspectors

During the course of inspection, the commercial inspector shall have the following responsibilities:

1. To present the inspection decision and inspector cards;

2. To comply with inspection procedures, not to hinder or interfere in normal commercial activities and not to cause harm to the legitimate interests of traders;

3. To report on inspection results to the competent body and to recommend handling measures;

4. To observe the law and to be responsible to the competent State body and before law for all their acts and decisions.

Article 254.- Rights of traders when commercial inspectors conduct inspections

When commercial inspectors conduct inspections, traders shall have the following rights:

1. To request inspectors to produce the inspection decision and their inspector cards and to comply with the legislation relating to inspection;

2. To make complaints or denunciations to, or take legal action at, the competent State bodies about inspection decisions, acts of inspectors, and inspection conclusions which they deem to be incorrect;

3. To claim compensation for damage caused by unlawful actions of inspectors.

Article 255.- Obligations of traders when commercial inspectors conduct inspections

When commercial inspectors conduct inspections, traders shall have the following obligations:

1. To comply with the requirements of inspectors with respect to the inspection;

2. To comply with handling decisions made by commercial inspectors.

Section 3. REWARDS AND DEALING WITH BREACHES

Article 256.- Rewards

Organizations and individuals achieving merits in commercial activities, contributing to the production development and the improvement of the life of the people shall be rewarded in accordance with law.

Article 257.- Act of breaching commercial legislation

Act of breaching commercial legislation shall include:

1. Conducting business activities without business registration certificates or in contravention of the terms of business registration certificates;

2. Conducting commercial activities which have been suspended or which the trader has been disentitled to conduct;

3. Not having commercial offices or shops; not having signboards or having signboards which are inconsistent with the content or form stated in business registration certificates;

4. Establishing representative offices or branches without licenses or operating representative offices or branches in contravention of licenses;

5. Trading in goods or providing services, which are prohibited from business by law;

6. Trading in goods or providing services the business of which is stipulated by law to be subject to certain conditions and such conditions are not satisfied;

7. Failing to comply with price frame and price limits set for certain kinds of goods by the State;

8. Failing to provide sufficient information on the properties and utility of goods thereby causing harm to the interests of consumers;

9. Failing to comply with the regulations on trade promotion, advertisement, display of goods, trade fairs and exhibitions;

10. Violating regulations on receipts and vouchers; failing to open books of account; failing to maintain or keep records accurately and correctly in books of account;

11. Defrauding and deceiving customers in sale and purchase of goods or provision of services; failing to provide warranty services in respect of goods or services to customers as agreed or as stipulated;

12. Violating State regulations on the management of import and export of goods;

13. Unlawful competition;

14. Obstructing commercial inspectors in the execution of their duties;

15. Other acts of breaching commercial legislation.

Article 258.- Forms of dealing with breaches

1. Depending on the nature, seriousness and consequences of the breach, a trader shall be subject to one of the following actions:

a/ Administrative sanction in accordance with the legislation on handling of administrative violations;

b/ Examination for penal liability in accordance with the provisions of law if the breach involves enough elements of an offense.

2. Where the breach causes harm to the interests of the State or agencies, organizations or individuals, compensation must be paid in accordance with law.

Article 259.- Competence to impose penalties

1. Peoples Committees at all levels and the State bodies for the management of commerce shall have competence to impose sanctions against administrative violations in commercial activities.

2. Commercial inspectors shall have competence to impose sanctions against administrative violations in commercial activities.

The competence to impose sanctions against administrative violations in commercial activities are prescribed in the legislation on handling of administrative violations.

Article 260.- Execution of administrative sanction decisions

1. Traders subject to administrative sanctions shall have to execute the sanction decisions.

2. Traders that fail to voluntarily comply with administrative sanction decisions shall be forced to comply in accordance with the provisions of law.

Article 261.- Complaints and legal action against administrative sanction decisions and resolution of complaints

1. Traders subject to administrative sanctions shall be entitled to lodge complaints with the competent State body or institute court action against the administrative sanction decisions.

2. During the process of lodging complaints or instituting legal action, traders shall still have to execute the administrative sanction decisions. When the competent body has resolved the complaint or when the court has delivered its judgment or decision to resolve the complaint, that resolution, judgment or decision shall be complied with.

Article 262.- Dealing with breaches committed by State employees and officials in the management of commercial activities

State employees and officials who fail to fulfill their responsibilities, abuse their powers, cause trouble, hinder lawful commercial activities, or commit other breaches shall, depending on the nature and seriousness of the breach, be subject to disciplinary action or examination for penal liability; if damage is caused, they must pay compensation as prescribed by law.