Decision No. 65/2010/QD-TTg of October 25, 2010

Policies name Decision No. 65/2010/QD-TTg of October 25, 2010
Legislation type Decision
Issue organization Vietnam Government
Field, industry Trade
Content
THE PRIME MINISTER OF GOVERNMENT
No: 65/2010/QD-TTg
 
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Ha Noi, day 25 month 10 year 2010                          
 

DECISION

Decision No. 65/2010/QD-TTg of October 25, 2010, promulgating the Regulation on activity-coordination responsibilities and relations among state management agencies in the struggle against smuggling, fake goods and trade fraud

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 26, 2003 Law on Organization of the People’s Councils and People’s Committees;

Pursuant to the functions, tasks and powers of ministries and ministerial-level agencies defined in the decrees of the Government;

At the proposal of the Minister of Industry and Trade,

DECIDES:

Article 1. To promulgate together with this Decision the Regulation on activity-coordination responsibilities and relations among state management agencies in the struggle against smuggling, fake goods and trade frauds.

Article 2. This Decision takes effect on December 15, 2010, and replaces the Prime Minister’s Decision No. 96/TTg of February 18, 1995, promulgating the Regulation on activity-coordination responsibilities and relations among state management agencies in the management of markets and combat of smuggling and other illegal business acts.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and heads of concerned agencies or units shall implement this Decision.

 

Regulation on activity-coordination responsibilities and relations among state management agencies in the struggle against smuggling, fake goods and trade frauds

(Promulgated together with the Prime Minister’s Decision No. 65/2010/QD-TTg of October 25, 2010)       

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

This Regulation defines domain- and geographical area-based responsibilities and relations in activity coordination among ministries, sectors, functional agencies, People’s Committees at all levels (below referred to as state management agencies) in the struggle against smuggling, fake goods, trade frauds and other illegal business acts (below referred to as the struggle against smuggling, fake goods and trade frauds).

Article 2. Principles of determination of activity coordination responsibilities and relations

1. Responsibilities:

a) Ministers and heads of central sectors shall base themselves on the functions and tasks assigned by the Government to direct and organize the struggle against smuggling, fake goods and trade frauds in the domains respectively managed by their ministries or sectors.

b) Chairpersons of provincial-level People’s Committees shall bear full responsibility for directing and organizing the struggle against smuggling, fake goods and trade frauds in areas and localities under their respective direct management.

c) In the course of carrying out the struggle against smuggling, fake goods and trade frauds, based on their respective state management functions and inspection and control competence as prescribed by law, ministries, sectors and functional agencies shall actively coordinate their activities in order to ensure consistency and synchronism in the direction and administration among state management agencies, with clear determination of responsible agencies and coordinating agencies.

2. Coordinative relations

a) Coordinative relations must strictly comply with law; properly perform the functions, tasks and powers of concerned parties; promptly detect, prevent and handle acts of smuggling, trade frauds and fake goods production and trading.

b) Activity coordination shall be carried out in response to requirements of the struggle against smuggling, fake goods and trade frauds in each period, specific geographical area or domain.

c) Activity coordination relations must comply with the principles of timeliness and effectiveness; the process of coordination must not affect common activities of concerned parties.

d) The Minister of Industry and Trade, in the capacity as Head of the Steering Committee Against Smuggling, Fake Goods and Trade Frauds (Steering Committee 127/TW), shall assume the prime responsibility for organizing coordination among agencies, forces, sectors and authorities at all levels in the struggle against smuggling, fake goods and trade frauds under this Regulation nationwide.

Chapter II

RESPONSIBILITIES OF MINISTRIES, SECTORS AND LOCALITIES

Article 3. Responsibilities of ministries and sectors having the functions to conduct inspection, examination and control to prevent and combat smuggling, fake goods and trade frauds

1. The Steering Committee 127/TW shall assume the prime responsibility for establishing multilateral coordination relations among ministries and sectors and, depending on requirements, establish bilateral coordination relations with each ministry or sector, concretely:

a) To direct coordination under Article 5 of this Regulation in order to ensure uniform direction of the struggle against smuggling, fake goods and trade frauds nationwide.

b) To scrutinize and propose the Prime Minister to amend legal documents and relevant mechanisms and policies on economic management in order to serve and raise the effectiveness of the struggle against smuggling, fake goods and trade frauds.

c) To propose to ministries, sectors and localities measures to step up the struggle against smuggling, fake goods and trade frauds; enhance management, direction, inspection and supervision of the export and import of goods in geographical areas which are usually taken advantage of to commit smuggling and trade frauds and produce and trade in fake goods, and measures to handle violations falling under its jurisdiction; propose to the Prime Minister measures to handle complicated matters and cases involving various ministries, sectors and localities.

d) To monitor and urge state agencies in various sectors and at various levels in the implementation of guidelines, policies and laws of the State and directions and solutions of the Government and the Prime Minister in the struggle against smuggling, fake goods and trade frauds; to request ministries, sectors and provincial-level People’s Committees to report on and forecast the struggle against smuggling, fake goods and trade frauds in order to formulate programs and plans for this struggle suitable to the practical conditions in each period.

e) To forecast the market situation and put forth solutions to prevent and combat smuggling, fake goods and trade frauds, including circumstantial measures to promptly ward off illegal acts.

2. The Ministry of Industry and Trade shall take charge of coordinating the management, inspection and control of the struggle against smuggling, fake goods and trade frauds in such domains as mineral trading, consumer goods industry, food industry and other processing industries, trade promotion, e-commerce, trade services, competition administration, monopoly control, anti-dumping, anti-subsidy and protection of consumer interests.

a) It shall direct market management agencies:

- To assume the prime responsibility for, and coordinate with functional agencies  at all levels in, directing market management activities nationwide; to guide, inspect and control the implementation of legal regulations on goods trading and circulation nationwide, commercial activities on the market, export and import activities, trade services, the fight against goods speculation and hoarding, spreading of false information and price hiking; on the price posting and goods sale at posted prices, goods price- and label- related violations, trade frauds and other illegal business acts; to handle violations according to law.

- To assume the prime responsibility for inspecting and controlling quality of industrial goods which are marketed; to coordinate with the Ministry of Health and the Ministry of Agriculture and Rural Development in inspecting food hygiene and safety in the process of producing goods which are marketed; to coordinate with the Ministry of Science and Technology, the Ministry of Culture, Sports and Tourism in inspecting and handling violations related to industrial property, measurement, quality control and copyright.

b) It shall direct competition authorities to assume the prime responsibility for the inspection and control of the observance of regulations on competition administration, on the fight against monopoly and unfair competition and protection of consumer interests; to apply safeguard, anti-dumping and anti-subsidy measures.

3. The Ministry of Finance shall:

a) Direct customs offices to assume the prime responsibility for the inspection, supervision and control of goods and means of transport within their operation scope and areas; effect and organize coordination of the prevention of and fight against smuggling, illegal cross-border transportation of goods and other acts in violation of customs law; and handle violations according to law.

Outside the customs operation areas, customs agencies shall coordinate with various state management agencies in applying measures to prevent and combat smuggling, illegal cross-border transportation of goods and other acts in violation of customs law.

b) Direct tax offices to take charge of the inspection, examination and supervision of the implementation of tax policies and laws; assume the prime responsibility for, and coordinate with other functional agencies in various sectors and at different levels in, preventing and fighting tax frauds; and handle tax-related violations according to their competence.

c) Direct price management agencies to assume the prime responsibility for, and coordinate with concerned agencies in, inspecting and examining the observance of legal regulations on prices and price assessment; and handle price and price assessment-related violations according to competence.

Coordinate with competent state management agencies in investigating acts of monopoly and associated monopoly related to prices, acts of unfair competitions in pricing and acts of dumping imports into Vietnam according to law.

d) Propose funding support regimes and policies to ensure working conditions, communications, and patrol, inspection and control means for anti-smuggling, fake goods and trade fraud  agencies and submit them to competent authorities for consideration and decision.

4. The Ministry of Science and Technology shall:

a) Assume the prime responsibility for the formulation and promulgation or submission to competent authorities for promulgation of legal documents concerning product and commodity standards, measurement and quality; relevant documents on technical standards and norms, and intellectual property in the domains assigned by the Government; activities of evaluating conformity related to goods inspection and testing in the struggle against fake goods and trade frauds.

b) Assume the prime responsibility for, and coordinate with ministries, sectors and People’s Committees at all levels in, carrying out inspection, examination and professional guidance to handle violations of regulations concerning product and commodity standards, measurement, quality and intellectual property in the domains assigned by the Government.

5. The Ministry of Health shall:

a) Direct the specialized health inspectorate to assume the prime responsibility for, and coordinate with market management agencies, police and specialized inspectorates in, guiding, inspecting, examining the implementation of legal provisions on management of quality of home-made medicines, cosmetics and medical equipment; prevent and combat the trading of illegally imported medicines, cosmetics and medical equipment; prevent and combat the trading of fake and poor-quality medicines, cosmetics and medical equipment; coordinate with the Ministry of Finance and concerned ministries, sectors in performing the state management of medicine prices, applying measures to valorize medicine market prices; and handle violations according to law.

b) Direct the specialized food hygiene and safety inspectorates of the health sector to assume the prime responsibility for, and coordinate with concerned ministries and sectors in, inspecting and controlling food hygiene and safety in the processing and trading of domestic foods; domestic and imported processed food products, except cases defined at Point d, Clause 6, Article 3 of this Regulation; and handle violations according to law.

6. The Ministry of Agriculture and Rural Development shall:

a) Direct forest protection agencies to assume the prime responsibility for, and coordinate with concerned agencies in, detecting, stopping and handling acts of illegal exploitation, transportation and consumption of timber, rare and precious wild animals and their products as well as endangered rare and precious flora and fauna species.

b) Direct aquatic resources management agencies to assume the prime responsibility for, and coordinate with concerned agencies in, detecting, stopping and handling acts of exploitation, transportation and consumption of endangered rare and precious aquatic plants and animals.

c) Direct the specialized agriculture and rural development inspectorates and forestry and fishery product quality management agencies to assume the prime responsibility for, and coordinate with concerned agencies in, detecting, stopping and handling acts of producing, processing, bottling, packing, importing, trading, transporting, advertising and using fake, poor-quality or smuggled agricultural, forest and fishery materials, which are banned from use and outside the permitted lists.

d) Direct the food hygiene and safety inspectorates of the agriculture and rural development sector to assume the prime responsibility for, and coordinate with concerned ministries and sectors in, inspecting and examining food hygiene and safety in the production and trading of fresh foods and home-made as well as imported fresh food products; and handle violations according to law.

7. The Ministry of Information and Communications shall:

a) Assume the prime responsibility for, and coordinate with other ministries and sectors in, inspecting, examining and handling violations in the receipt, sending and delivery of mails, parcels and goods packages; publications and printed products which are  banned from import, illegally published, printed and distributed; telecommunications and information technology.

b) Direct press agencies to coordinate with central and local functional agencies in propagating for the struggle against smuggling, fake goods and trade frauds and adverse socio-economic impacts of the smuggling, producing and trading of fake goods, and of trade frauds.

8. The Ministry of Culture, Sports and Tourism shall assume the prime responsibility for, and coordinate with concerned ministries, sectors and central as well as local functional agencies in, managing, examining and controlling copyright and related rights to literary or art works; software copyright; struggling against smuggling of cultural products, illegal duplication of tapes and discs; inspecting, examining and handling violations according to law.

9. The Ministry of Transport shall:

a) Assume the prime responsibility for, or coordinate with concerned ministries and sectors in, inspecting and overseeing the transportation of goods by different means of transport.

Direct concerned units to create conditions for functional agencies in inspecting, controlling and stopping illegal railway transportation of banned and smuggled goods; direct train and railway station security forces and cadres and employees to coordinate in the struggle against smuggling, fake goods and trade frauds.

b) Coordinate with concerned ministries and sectors in managing and controlling means of transport which are temporarily imported, bear foreign registered number plates and are being used in Vietnam.

10. The Ministry of Public Security shall direct the police forces in detecting, investigating and detecting rings and groups that smuggle and trade in banned goods and fake goods of great value, and handle them under criminal law; at the same time coordinate with and support functional agencies in inspecting and handling according to regulations cases of resisting officers on duty, smuggling, trade frauds, production and trading of fake goods or banned goods.

a) The economic management and position-related crime investigation police force shall implement plans and professional measures to ward off, detect, fight and investigate crimes of smuggling, illegal cross-border transportation of goods, currencies, trading of banned goods, illegal trading, tax evasion, fake goods and trade frauds under the Penal Code.

b) The road, railway and waterway traffic police forces shall coordinate with functional agencies in detecting, stopping and seizing means which transport banned goods, smuggled goods, fake goods and trade-fraud goods on roads, railways and waterways.

c) The environmental police forces shall coordinate with functional agencies in detecting and arresting transporters and means of transportation of plants or animal products carrying dangerous disease germs which may transmit to human beings, animals or plants; detecting and handling acts of hunting, capturing, killing, transporting and illegally trading rare and precious wild animals or illegally trading products thereof.

11. The Ministry of National Defense shall direct the Marine Police and Border Guard at different levels to join patrols to maintain border security by detecting and fighting organizations, individuals, rings and groups involved in smuggling, producing and trading fake goods and in illegal cross-border transportation of goods and currencies; promptly handle violations according to law; concretely:

a) It shall direct the Border Guard:

- To assume the prime responsibility for patrolling, inspecting and controlling border, sea and island areas, applying synchronous professional measures to timely detect, ward off and handle acts of smuggling, fake goods, trade frauds, illegal cross-border transportation, and dens or groups trading, transporting, dealing in smuggled goods, fake goods in an organized, large-scale and transnational manner;

- To coordinate with border-gate customs offices in inspecting and controlling people on entry and exit and goods export and import, detecting and preventing in time acts of smuggling, trade frauds, illegal transportation of goods, currencies,… across the border according to law;

- To propagate and mobilize people in border areas to actively participate in the struggle against smuggling, trade frauds, and not to lend a hand to illegal cross-border transportation of goods and currencies;

- To assume the prime responsibility for international cooperation with border-defense forces of neighboring countries in patrolling border areas, border gates and sea areas, and in information exchange, investigation, arrest and extradition of criminals.

b) It shall direct the Marine Police:

- To assume the prime responsibility for patrolling, inspecting, controlling and fighting against smuggling, fake goods and trade frauds in sea areas, focusing on key sea areas prone to smuggling activities and trade frauds, international sea areas, channels and routes with high density of cargo vessels; and promptly handle violations according to law;

- To propagate and mobilize organizations and individuals operating on the sea not to conduct or lend a hand to smuggling and trade frauds on sea, not to participate in illegal transportation of goods on sea; actively participate in the struggle against smuggling, fake goods and trade frauds on the sea;

- To assume the prime responsibility for international cooperation with law enforcement and patrol forces of neighboring countries in patrol and control according to their respective functions, tasks and powers; exchange information and coordinate in the investigation and arrest of criminals.

12. The Ministry of Justice shall coordinate with other ministries and sectors in reviewing legal regulations on relevant matters, detecting loopholes in economic management, overlapping, unclear and inconsistent provisions on handling of administrative violations and criminal punishment in the struggle against smuggling, fake goods and trade frauds; propose competent authorities to handle them.

13. The State Bank of Vietnam shall direct commercial banks to apply measures to manage foreign currency sources as well as gold and silver dealing; coordinate with the Ministry of Industry and Trade and the Ministry of Finance in controlling the foreign currency flows into and out of Vietnam, the listing of prices and collection of sales in foreign currencies; and coordinate with functional agencies in controlling and handling counterfeit money circulated on the market.

14. Other ministries and sectors shall, based on their respective functions and assigned tasks, organize production and business management according to law, prevent and fight acts of smuggling, production and trading of fake goods and trade frauds in order to stabilize the market, boost production and expand trade.

Article 4. Responsibilities of provincial-level People’s Committees in the struggle against smuggling, fake goods and trade frauds

1. To organize implementation of legal provisions, undertakings, policies and directions of the Government, the Prime Minister, ministries and sectors on the struggle against smuggling, fake goods and trade frauds.

2. To direct their departments, committees, sectors and district as well as commune People’s Committees to inspect and control production, business and service activities in their localities in the observance of law; detect, prevent and handle in time acts of smuggling, fake goods production and trading, and trade frauds according to their competence and law.

3. To coordinate with state management agencies, market inspection and control agencies at the central level and other localities in the market management and the struggle against smuggling, fake goods and trade frauds.

4. To promptly propose the Prime Minister, ministries and central sectors to amend and supplement mechanisms, policies and legal documents related to the struggle against smuggling, fake goods and trade frauds.

5. To direct the enhancement and consolidation of organizational apparatuses, equipment and working conditions for the provincial-level Steering Committees against smuggling, fake goods and trade frauds (the Steering Committee 127) of the provinces, cities and functional agencies in localities in order to ensure good performance of anti-smuggling, fake goods and trade fraud functions and tasks according to law.

Chapter III

COORDINATION CONTENTS AND RELATIONS

Article 5. Coordination contents

Depending on specific requirements of each period, each area and domain and based on their respective functions in the struggle against smuggling, fake goods and trade frauds, state management agencies and functional agencies shall examine and control for active establishment of activity coordination relations in:

1. Defining clearly the scope of management and operation responsibilities.

2. Formulating working plans and schemes as well as management measures according to sectors, domains or geographical areas; matters related to other sectors or localities which require consultations and discussions with concerned agencies.

3. Directing the application of synchronous administrative, economic, educative, propagating measures to step up the struggle against smuggling, fake goods and trade frauds.

4. Detecting, gathering, exchanging and providing information and documents, including:

a) Information on market forecasts, economic situation, goods demands and supply, prices; on the struggle against smuggling, fake goods and trade frauds in sectors and localities; performance results in each period. When appear urgent and burning issues, to promptly report them to the Steering Committees 127/TW for notification to ministries, sectors, localities and functional agencies for handling measures.

b) Information on new legal provisions on border management, export and import policies, domestic goods circulation, border-gate economic zone policies, non-tariff, border-population policies, policies on management of commodity lines and items.

c) Information on violations of law and operation rules and tricks of violators; on organizations, rings, bands, routes and key areas involved in smuggling, illegal cross-border transportation of goods, trading and transportation of smuggled goods, production and trading of fake goods and other acts of trade frauds.

d) Information on the process of professional inspection and handling of sectors and localities; information on difficulties, problems and experiences of each sector, each locality in the struggle against smuggling, illegal cross-border transportation of goods, trading and transportation of smuggled goods, production and trading of fake goods and other acts of trade frauds.

e) Information on prevention and fight techniques and applicable scientific and technical advances and equipment when functional agencies perform their tasks.

f) Other information and documents at the request of concerned state management agencies.

5. Directing and organizing patrols, inspections, investigations, examinations and controls with a view to detecting, stopping and handling violations related to smuggling, fake goods production and trading, trade frauds, including formulation of plans for examination and supply of information on violators; organizing forces and means for arrest; provide professional consultancy and exchanges for handling of cases upon request.

a) To coordinate in the course of investigation according to Criminal Procedure Code and regulations of law enforcement bodies, such as expansion of investigation, establishment of big and complicated special cases requiring coordination among different forces inside and outside the sectors in order to be able to gather adequate documents and relevant material evidence.

b) To hold discussions among parties involved for unified handling, for non-overlapping and rapid inspections and controls, which cause troubles and difficulties to the inspected subjects.

c) In the course of inspection, if detecting that the inspected organizations or individuals committed violations beyond their handling jurisdiction, inspecting units shall notify and hand over the cases to competent functional agencies for consideration and handling according to law.

d) When necessary, inter-sector inspecting forces can be organized for coordinated inspection. State management agencies in charge of inter-sector inspection coordination shall assume the prime responsibility for organizing the inspection and handling inspection results according to their competence and law. Participating agencies shall provide supports with professional forces and means in the course of inspection and handling of complicated cases.

e) If a case falls under the handling competence of many units, if it is at the central level, the Steering Committee 127/TW will be assigned to organize coordination for consideration of appropriate handling measures; if it is at the provincial level, the provincial-level Steering Committee 127 will coordinate the handling thereof.

6. Proposing amendments and supplements to mechanisms, policies and laws when there appear new issues in the struggle against smuggling, illegal cross-border transportation of goods, trading and transportation of smuggled goods, production and trading of fake goods and other acts of trade frauds so that concerned ministries and sectors advise the Government and the Prime Minister on promulgating or amending and supplementing mechanisms, policies and legal documents to meet state management requirements.

7. Organizing professional training to build forces according to working requirements; ensuring mutual assistance in international cooperation activities related to training to raise capabilities for enforcement officers; organizing consultation and propaganda about examples of good people and good deeds, law propagation and dissemination.

8. Coordinating with mass media agencies in:

a) Agitating and involving the masses in the prevention and combat of negative acts and violations in the struggle against smuggling, fake goods and trade frauds.

b) Propagating and disseminating laws to business people for observance of legal provisions relevant to production and business activities as well as the struggle against smuggling, fake goods and trade frauds.

9. Coordinating with enterprises, commodity associations, the Anti-Fake Goods and Vietnamese Brand Protection Association and the Vietnamese Consumers’ Interest Protection Association in propagating and disseminating laws related to production and business activities and protection of legitimate interests of enterprises and consumers.

Article 6. Coordination relations and responsibilities of agencies and units in coordination relations

1. Coordination relations in the struggle against smuggling, fake goods and trade frauds, including:

a) Coordination among ministries, central sectors.

b) Coordination among ministries, central sectors and localities.

c) Coordination among local departments, sectors and functional bodies.

d) Coordination among localities according to key routes and areas: The Steering Committee 127/TW will act as key body in determining key routes and provinces, sponsoring and coordinating units and work out specific plans and scheme for implementation.

2. Responsibilities of central and local responsible agencies for implementing coordination relations defined in Clause 1 of this Article.

a)  Central responsible agencies shall:

- Formulate and organize the implementation of working programs, plans, schemes for inspection and control to prevent and fight smuggling, fake goods and trade frauds for their assigned domains;

- Monitor, examine and urge ministries, sectors, provincial-level People’s Committees in the performance of relevant tasks; to settle complicated cases involving many ministries, sectors and localities in the domains under their respective management;

- Request state management agencies in different sectors and at different levels to provide information and make adequate and timely reports on activities related to the struggle against smuggling, fake goods and trade frauds in the domains under their respective management for review and evaluation of activities of ministries, sectors and localities before reporting to the Prime Minister;

- Propose to the Prime Minister and concerned state management agencies policies and necessary measures, aiming to raise the effectiveness of the struggle against smuggling, fake goods and trade frauds;

- Organize or direct the organization of inter-sector coordinated inspection when necessary; in case of emergency, to request concerned agencies to supply forces and means for timely stoppage of cases of smuggling, trading, transportation and storage of smuggled goods, banned goods, fake goods and trade frauds and arrest of violators.

b) Local responsible agencies:

- Chairpersons of provincial-level People’s Committees shall:

+ Direct, organize and administer activities of the provincial-level Steering Committee 127 in the coordinated struggle against smuggling, fake goods and trade frauds in their respective localities;

+ Organize the formulation and implementation of working programs, plans, schemes on inspection and control to prevent and combat smuggling, fake goods and trade frauds in their respective localities;

+ Review and evaluate results of the struggle against smuggling, fake goods and trade frauds in localities, to fully and promptly report thereon to the Prime Minister, concerned ministries and sectors;

+ Propose to the Prime Minister and concerned ministries and sectors specific measures to raise the effectiveness of the struggle against smuggling, fake goods and trade frauds, suitable to the practical situation of their respective localities;

+ Direct the organization of inter-sector inspection coordination when necessary.

- District- and commune-level People’s Committees, particularly in border regions and coastal areas, shall bear full responsibility for the struggle against smuggling, fake goods and trade frauds in localities under their management; assume the prime responsibility for, and coordinate with functional bodies in:

+ Mobilizing people neither to participate in nor to lend a hand to, acts of smuggling, transportation and storage of smuggled goods, banned goods, fake goods, and trade frauds;

+ Applying measures to strictly manage organizations and individuals coming from other localities and participating in the trading or transportation of goods in border areas;

+ Formulating and implementing plans and schemes to inspect and control trails, openings, canals, estuaries… in which smuggling activities often take place.

3. Responsibilities of central and local coordinating agencies in implementing coordination relations defined in Clause 1 of this Article:

a) To implement the regime of regular or irregular information and report to responsible agencies according to regulations on the market situation and anti-smuggling, -fake goods and -trade fraud activities of their respective units.

b) To join inter-sector inspections when necessary; in case of urgency, to supply forces and means in time at the request of responsible agencies to stop cases of smuggled goods trading or transportation, illegal business and other violations and arrest violators.

c) To attend meetings convened by ministries, sectors or localities and prepare necessary documents for such meetings as requested.

d) To participate in handling cases related to their respective units’ responsibilities.

4. Central and local inter-sector inspection teams

a) Based on regular or irregular tasks, responsible agencies shall decide to form central or local inter-sector inspection teams and request concerned units to coordinate in conducting inspections against smuggling, fake goods and trade frauds.

b) In the course of inspection, inter-sector inspection teams shall perform tasks and exercise powers according to law and their specific tasks defined by responsible agencies.

5. Joint checkpoints set up by the Prime Minister shall:

a) Conduct direct inspection and control in order to detect illegally exported or imported goods and trade frauds for handling or transfer to competent agencies for handling according to law, as stipulated in the Regulation on organization and operation of joint- control stations, promulgated by the Steering Committee 127/TW.

b) Patrol, inspect and control areas at the sides and behind gates B of trade zones, border-gate economic zones and nearby trails; to maintain the anti-smuggling on-duty regime around the clock.

c) Manage goods, material evidence, money and means in violations strictly according to current law.

d) Coordinate with local administrations in intensifying anti-smuggling activities; participate in maintaining security and order in areas in which the stations are located and well carry out mass agitation activities.

e) To review and evaluate their activities and make periodical and extraordinary reports according to regulations to the provincial-level Steering Committees 127 and the Steering Committee 127/TW.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 7. Reporting, commendation and disciplining

1. Reporting, preliminary and final reviews

a) Ministries, sectors and localities conduct final reviews, assessing the activity coordination under this Regulation and include them into their annual reports on anti-smuggling, -fake goods and -trade fraud activities to the Prime Minister.

b) Forms of preliminary and final reviews

- The Steering Committee 127/TW shall organize preliminary and final reviews of activity coordination contents under this Regulation with regard to key routes and areas;

- Ministries and sectors shall organize final reviews of coordination activity according to bilateral relations;

- Provincial-level Steering Committees shall conduct preliminary and final reviews of activity coordination contents in their respective localities according to this Regulation.

2. Commendation and disciplining

a) Commendation: Periodically or extraordinarily, the Steering Committee 127/TW shall conduct assessment and commendation according to regulations or propose the Prime Minister to commend collectives and individuals that have recorded achievements in coordination activities, bringing about high efficiency in performing anti-smuggling, -fake goods and 
-trade fraud tasks.

b) Disciplining: Collectives and individuals that violate this Regulation shall be disciplined according to law.

Article 8. Implementation provisions

1. In pursuance to this Regulation, ministers, heads of ministerial-level agencies, chairmen of provincial-level People’s Committees and heads of concerned agencies or units shall:

- Formulate annual working plans and programs, including contents of coordination relations, to direct the implementation of anti-smuggling, -fake goods and -trade fraud activities in their respective domains;

- Provincial-level People’s Committees shall promulgate regulations on responsibilities and relations among sectors, levels and functional agencies in their respective localities.

2. In pursuance to this Regulation, the Steering Committee 127/TW shall organize coordination among ministries, sectors and localities in anti-smuggling, -fake foods, and 
-trade fraud activities in key routes and areas.

3. Difficulties and problems arising in the course of implementation should be reported to the Ministry of Industry and Trade and the Steering Committee 127/TW for summarization and reporting to the Prime Minister for consideration and decision.

THE PRIME MINISTER OF GOVERNMENT
PRIME MINISTER
(signed)
 
Nguyen Tan Dung