Nghị định 241/2025/NĐ-CP sửa đổi Nghị định 33/2022/NĐ-CP hướng dẫn Pháp lệnh Quản lý thị trường

DECREE

AMENDING DECREE NO. 33/2022/ND-CP DATED MAY 27, 2022 OF THE GOVERNMENT ELABORATING ORDINANCE ON MARKET SURVEILLANCE

Pursuant to Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Cadres and civil servants dated No. 80/2025/QH15;

Pursuant to Ordinance on Market Surveillance No. 11/2016/UBTVQH13;

Pursuant to the Ordinance on amending some articles of 04 ordinances related to the planning No. 01/2018/UBTVQH14;

At the request of the Minister of Industry and Trade;

The Government hereby issues a Decree amending Decree No. 33/2022/ND-CP dated May 27, 2022 of the Government elaborating Ordinance on market surveillance.

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1. Amendment to Article 2:

“Article 2. Regulated entities

1. Market surveillance authorities at all levels, including: The Department of Domestic Market Surveillance and Development affiliated to the Ministry of Industry and Trade; the Operations Divisions affiliated to the Department of Domestic Market Surveillance and Development; the Sub-Departments of Market Surveillance affiliated to the Departments of Industry and Trade of provinces and cities and the Market Surveillance Teams affiliated to the Sub-Departments of Market Surveillance.

2. Civil servants working at Market surveillance authorities at all levels.

3. Other agencies, organizations and individuals related to the organization and operation of the Market Surveillance force.”.

2. Amendment to clause 1 of Article 4:

“1. Persons with the authority to issue the inspection decision prescribed in Clause 1 of Article 21 of the Ordinance on market surveillance include:

a) The Director of Department of Domestic Market Surveillance and Development affiliated to the Ministry of Industry and Trade.

b) Heads of the Operations Divisions affiliated to the Department of Domestic Market Surveillance and Development; Heads of Sub-Departments of Market Surveillance affiliated to the Departments of Industry and Trade of provinces and cities (hereinafter referred to as ”Sub-Departments of Market Surveillance”);

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3. Amendment to clause 1 of Article 5:

1. Means serving the inspection and handling of administrative violations of the Market Surveillance force includes: Common use cars; special-use vehicles: trucks, vehicles with over 16 seats, vehicles equipped with laboratories; motorcycles; speed boats; walkie-talkies; quick measuring and checking devices; special-use equipment and devices; information technology and electronic devices; machinery; office equipment; and other technical and professional equipment and devices as required by tasks and prescribed by law.”.

4. Amendments to points d and dd of clause 2 of Article 9:

 “d) Stars on the insignia presenting leading positions shall be made of gold-colored metal with embossed patterns. Stars are arranged in a single vertical row centered on the insignia, between the shield emblem, pine branches, and button of the insignia.

The insignia of Director of Department of Domestic Market Surveillance and Development shall bear 02 stars with a diameter of 26 mm.

The insignia of Deputy Director of Department of Domestic Market Surveillance and Development shall bear 01 stars with a diameter of 26 mm.

The insignia of Heads of Divisions and equivalent positions of the Department of Domestic Market Surveillance and Development; Heads of Sub-Departments of Market Surveillance, Heads of Divisions, and Leaders of Market Surveillance Teams affiliated to Sub-Departments of Market Surveillance shall bear 02 stars with a diameter of 22 mm.

The insignia of Deputy Heads of Divisions and equivalent positions of the Department of Domestic Market Surveillance and Development; Deputy Heads of Sub-Departments of Market Surveillance, Deputy Heads of Divisions, and Deputy Leaders of Market Surveillance Teams affiliated to Sub-Departments of Market Surveillance shall bear 01 stars with a diameter of 22 mm.

The insignia of civil servants who are not leaders shall bear no stars;

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The insignia of division-level leaders and equivalent positions of the Department of Domestic Market Surveillance and Development; leaders of Sub-Departments of Market Surveillance shall bear 02 horizontal yellow stripes.

The insignia of division-level leaders and leaders of Market Surveillance Teams affiliated to the Sub-Departments of Market Surveillance shall bear 01 horizontal yellow stripes.

The insignia of civil servants who are not leaders shall bear silver stripes. To be specific: Senior market controllers and equivalents shall bear 03 horizontal lines; Chief market controllers and equivalents shall bear 02 horizontal lines; Market controllers and equivalents shall bear 01 horizontal line; Intermediate market controllers and equivalents shall bear 01 horizontal "V" shaped line;”.

5. Amendment to clause 4 of Article 11:

The Minister of Industry and Trade shall decide on the procurement and procedures for providing badges, flags, insignia, nameplates, and uniforms for civil servants working at the Department of Domestic Market Surveillance and Development. The People’s Councils of provinces and cities shall decide on the procurement and procedures for providing badges, flags, insignia, nameplates, and uniforms for civil servants working at the Sub-Departments of Market Surveillance.”.

6. Amendment to clause 12 of Article 13:

“12. Based on the specific climatic conditions of each area, the Chairpersons of the People’s Committees of provinces and cities shall decide to substitute coats, overcoats, windbreakers, and padded jackets with other clothing items for civil servants working at the Sub-Departments of Market Surveillance provided that the cost does not exceed the clothing unit price approved by the competent authority.

The substitution for civil servants working at the Department of Domestic Market Surveillance and Development shall be decided by the Minister of Industry and Trade.”

Article 2. Replacement and annulment/removal of certain words, phrases, points, clauses, articles, and Appendices of Decree No. 33/2022/ND-CP dated May 27, 2022,  of the Government elaborating the Ordinance on market surveillance

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2. The phrase “as prescribed by the Directorate of Market Surveillance” is removed in Clause 3 of Article 11.

3. Point b of clause 3 of Article 11 is annulled.

4. The phrase “Director General” is replaced with the phrase “Director of the Department of Domestic Market Surveillance and Development”, the phrase “Deputy Director General” is replaced with the phrase “Deputy Director of the Department of Domestic Market Surveillance and Development” in Clause 1 of Appendix I.

5. The phrase “Directors of Departments and equivalent positions” is replaced with the phrase “Heads of Sub-Departments of Market Surveillance/Heads of Divisions and equivalent positions of the Department of Domestic Market Surveillance and Development”, and the phrase “Deputy Deputy Directors of Departments and equivalent positions” is replaced with the phrase “Deputy Heads of Market Management Sub-Department/Deputy Heads of Divisions and equivalent positions of the Department of Domestic Market Surveillance and Development” in Clause 2 of Appendix I.

6. The phrase “and equivalent positions” is replaced with the phrase “affiliated to the Sub-Departments of Market Surveillance” in Clause 3 of Appendix I.

Article 3. Responsibility for implementation

1. The Minister of Industry and Trade shall be responsible for providing guidance and organizing the implementation of this Decree.

2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of People’s Committees of provinces and centrally affiliated cities and relevant agencies and individuals are responsible for the implementation of this Decree.

Article 4. Effect

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ON BEHALF OF GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Nguyen Hoa Binh