Joint Circular No. 02/2003/TTLT-BCN-BNV guiding the functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee in managing state administration over industry at the local level.

JOINT CIRCULAR

Guidelines on functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee in managing state affairs related to industry at the local level

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Pursuant to Decree No. 55/2003/NĐ-CP dated May 28, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry;

Pursuant to Decree No. 45/2003/NĐ-CP dated May 9, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Ministry of Industry and the Ministry of Home Affairs provide guidelines on the functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee in managing state affairs related to industry at the local level as follows:

I. DEPARTMENT OF INDUSTRY

1. Position and Functions

The Department of Industry is a specialized agency under the People's Committee of the province (hereinafter referred to as the province), assisting the People's Committee of the province in performing state management functions over industry - small-scale industry, including sectors such as machinery, metallurgy, chemicals (including pharmaceuticals), electricity, oil and gas (if applicable), mineral extraction, industrial explosives, consumer goods industry, food industry, other processing industries; managing public services within the industry sector on the provincial territory according to the provisions of Law.

The Department of Industry is subject to comprehensive and direct management by the People's Committee of the province, while also being guided, directed, and supervised professionally by the Ministry of Industry.

2. Tasks and Authorities

2.1. Submit to the People's Committee of the province for issuance of decisions and directives regarding the management of industrial and small-scale industrial activities on the provincial territory according to the provisions of Law.

2.2. Submit to the Ministry of Industry for agreement so that the People's Committee of the province may approve plans for industrial development that are consistent with national industrial development plans, regional industrial development plans, and provincial socio-economic development plans.

2.3. Assist the People's Committee of the province in organizing, directing, guiding, and supervising the implementation of legal normative documents, plans, and industrial development programs that have been approved; disseminate, popularize, educate about laws, and provide information on industrial and small-scale industrial activities in the locality.

2.4. On mechanical engineering, metallurgy, and chemical management.

2.4.1. Organize and direct the development of key mechanical products, automated electromechanical products, and industrial electronics on the provincial territory;

2.4.2. Guide the implementation of state mechanisms and policies, as well as those of the Ministry of Industry, supporting the development of the mechanical engineering, metallurgy, and chemical industries, and key mechanical and electromechanical products on the provincial territory.

2.5. On electricity management.

2.5.1. Submit to the People's Committee of the province for issuance of regulations on rural electricity management; organize the implementation of regulations concerning the protection of high-voltage power line corridors and other electrical facilities on the provincial territory;

2.5.2. Develop provincial power development plans for submission to the People's Committee of the province for approval by the Ministry of Industry; guide and supervise implementation after approval;

2.5.3. Submit to the People's Committee of the province for approval of investment projects for low-voltage rural power grid construction according to the分级任务袯

2.5.4. Cooperate with relevant agencies to develop training and professional development plans for technical staff of organizations participating in rural electricity management.

2.6. Regarding industrial explosives management:

2.6.1. Implement legal regulatory documents concerning the supply, storage, transportation, and use of industrial explosives within the jurisdiction.

2.6.2. Coordinate with relevant agencies to conduct inspections, examinations, and handle violations of laws related to the management, use, storage, and transportation of industrial explosives within the jurisdiction according to legal provisions.

2.7. Regarding mineral resource exploitation management:

Submit to the Provincial People's Committee for approval the objectives, tasks, and plans for mineral resource exploitation, investment projects of subordinate enterprises after obtaining mining permits from competent state management authorities.

2.8. Regarding consumer industry, food industry, and other processing industries management:

2.8.1. Guide the implementation of planning and development plans for consumer industry, food industry, and other processing industries within the jurisdiction; take the lead in coordinating with relevant departments to develop overall and detailed plans for processing facilities and raw material areas for each sector consistent with provincial socio-economic development planning to submit to the Provincial People's Committee for approval;

2.8.2. Submit to the Provincial People's Committee for approval programs and projects for developing consumer industry, food industry, and other processing industries consistent with the development plans for processing facilities and raw material areas.

2.9. Regarding promotion of small-scale industry activities:

2.9.1. Submit to the Provincial People's Committee for approval programs and plans for promoting small-scale industry in various sectors within the jurisdiction; guide and organize their implementation after approval;

2.9.2. Based on economic and social development conditions and requirements for promoting small-scale industry at different periods, submit to the Provincial People's Committee a list of industries and crafts supported by the provincial Small-Scale Industry Promotion Fund for all types of economic entities in local industries;

2.9.3. Submit to the Provincial People's Committee for approval the plan for using the provincial Small-Scale Industry Promotion Fund; review, issue, and settle accounts for the fund according to the regulations of the Provincial People's Committee;

2.10. Regarding management of industrial zones, clusters, and points, and collective economy:

2.10.1. Assist the Provincial People's Committee in directing the development of industrial zones, clusters, and points with appropriate industries and crafts according to industrial development planning and socio-economic planning within the jurisdiction;

2.10.2. Coordinate with relevant departments to submit to the Provincial People's Committee for issuance of regulations to implement preferential mechanisms and policies of the State regarding investment, land, finance, science and technology, and environmental protection related to the construction of technical infrastructure, relocation, and new construction of industrial zones, clusters, and points within the jurisdiction;

2.10.3. Guide organizations and individuals belonging to various economic sectors to establish investment projects for developing industrial production on the local territory in accordance with the provincial industrial planning;

2.10.4. Organize and guide vocational training, skill transmission, and traditional craft development; organize activities for experience exchange, site visits, joint ventures, business cooperation, and participation in professional associations;

2.10.5. Guide the development of collective economy, organizational models, and operations of industrial and small-scale handicraft cooperatives; classify cooperatives and propose solutions to overcome difficulties for the development of collective economy; build and develop new cooperative models;

2.11. Participate in or conduct appraisals of investment projects within the industrial sector of the locality in accordance with the Law; take the lead in coordinating with relevant agencies to guide and inspect business activities in the industrial sectors on the local territory;

2.12. Propose special mechanisms and policies to attract domestic and foreign investment for industrial development on the local territory in accordance with the conditions of the locality;

2.13. Submit to the Provincial People's Committee for issuance, adjustment, revocation, and extension of electricity operation permits, permits for the use of industrial explosives, and other permits according to the分级授权

2.14. Guide and inspect the implementation of technical safety regulations for equipment and substances with strict requirements for labor safety in the industrial sectors on the local territory in accordance with the Law;

2.15. Implement international cooperation in the field of industry as assigned by the Provincial People's Committee;

2.16. Organize research and application of scientific and technological advancements in industrial activities; guide the implementation of national regulations on technical standards, technical norms, economic-technical quotas, and product quality in the industrial sector; establish information systems, storage, and provide materials on industry according to the provisions of the law;

2.17. Direct and organize public service activities in the industrial sector in accordance with the law; manage and direct the activities of subordinate public institutions;

2.18. Assist the Provincial People's Committee in state management over industrial enterprises on the local territory in accordance with the law;

2.19. Assist the Provincial People's Committee in directing and guiding district, town, city, and provincial-level city people's committees in implementing state management tasks in the industrial and small-scale handicraft sectors on their territories;

2.20. Aggregate and statistically analyze the situation of industrial activities on the local territory (including industrial activities in industrial zones, export processing zones, open economic zones, high-tech industrial zones, and non-state-owned industries) in accordance with the Ministry of Industry's regulations;

2.21. Assist the Provincial People's Committee in managing state activities of associations and non-governmental organizations in the industrial and small-scale handicraft sectors on the local territory in accordance with the law;

2.22. Conduct inspections, investigations, and handle violations related to industrial activities on the local territory in accordance with the law;

2.23. Regularly and promptly report on the implementation of tasks to the Provincial People's Committee and the Ministry of Industry;

2.24. Manage the organizational structure, staffing, implement salary systems, and policies, incentives, rewards, and disciplinary measures for civil servants and employees under its jurisdiction; cultivate and build a cadre of state civil servants and employees within its authority; guide the implementation of job titles, standards, and technical and professional ranks in the industrial sectors under the Department's management;

2.25. Manage the financial resources and assets of the Department in accordance with the law and the delegation of the Provincial People's Committee;

2.26. Perform other tasks assigned by the Provincial People's Committee;

3. The organizational structure of the Department of Industry;

3.1. Leadership of the Department:

The Department of Industry has a Director and no more than three Deputy Directors, the Director being the head of the Department, responsible before the Provincial People's Committee for all activities of the Department. The Director of the Department is appointed and relieved from duty by the Chairman of the Provincial People's Committee based on the criteria and positions issued by the Minister of Industry and the regulations of the Party and State on cadre management;

The Deputy Directors assist the Director of the Department, responsible for one or several areas of work assigned by the Director of the Department and accountable to the Director of the Department for the results of the assigned work. The Deputy Directors are appointed or relieved from duty by the Chairman of the Provincial People's Committee upon the recommendation of the Director of the Department;

Rewards and disciplinary actions for the Director and Deputy Director of the Department are carried out in accordance with the provisions of the law.

3.2. Organizations assisting the Director of the Department include:

a. Office,

b. Inspectorate,

c. Specialized and professional departments necessary to perform management tasks such as planning, electricity management, small-scale handicrafts, processing industry, industrial technology and safety, and other tasks assigned by the Provincial People's Committee;

Based on the volume of work, the nature, and specific characteristics of industrial management in the locality, the Director of the Department of Industry, in coordination with the Head of the Civil Service Organization Department, submits to the Provincial People's Committee for decision on specialized and professional departments (names and number of departments) but not exceeding five departments; for centrally-administered cities, not exceeding six departments;

3.3. Public service units:

a. Industrial Promotion Center,

b. Industrial Development Advisory Center,

The Chairman of the Provincial People's Committee decides to establish other public service units subordinate to the Department in accordance with the law;

The Director of the Department of Industry stipulates the functions, tasks, and authorities of subordinate units;

3.4. Staffing of the Department;

Based on the volume of work, the nature, and specific characteristics of industrial management and the geographical location of the province, the Director of the Department of Industry, in coordination with the Head of the Civil Service Organization Department, submits to the Chairman of the Provincial People's Committee for decision on the staffing of the Department;

The allocation of cadres, civil servants, and employees of the Department must be based on job titles, standards for civil servant and employee ranks according to the law;

II. SPECIALIZED AGENCIES ASSISTING THE PROVINCIAL PEOPLE'S COMMITTEE IN MANAGING STATE AFFAIRS IN THE INDUSTRIAL SECTOR OF DISTRICTS, TOWNS, CITY, AND PROVINCIAL-LEVEL CITIES

1. Position and Functions

The People's Committee of the district, town, city under province, or provincial city (hereinafter referred to collectively as the district) shall have a specialized agency to assist the People's Committee of the district in performing state management functions over industry, small-scale industry, and public services within the industrial sector on its territory in accordance with the law.

The industrial management agency at the district level shall be subject to comprehensive and direct management by the People's Committee of the district, while also being guided, directed, and supervised professionally and operationally by the Department of Industry.

2. Tasks and Authorities

2.1. Submit to the People's Committee of the district guiding documents for implementing mechanisms, policies, laws, and regulations of the Provincial People's Committee and the Department of Industry regarding industrial and small-scale handicraft activities on the territory.

2.2. Submit to the People's Committee of the district decisions on five-year and annual plans for developing industry and small-scale handicrafts on the territory; guide and inspect the implementation after approval.

2.3. Organize, guide, and encourage collective economic organizations and private businesses to invest in and develop industry, expand production; organize advisory activities for technology transfer, information provision, trade promotion, and human resource training for industrial production establishments on the territory.

2.4. Assist the People's Committee of the district in state management of electricity on the territory; participate in building plans for electricity development and inspect the quality of electricity projects funded by the district budget.

2.5. Implement the deployment and application of scientific and technological advancements in industrial and small-scale handicraft production on the territory.

2.6. Carry out statistical and industrial information work according to the guidance of the Department of Industry.

2.7. Regularly and promptly report on the assessment of the situation and results of industrial and small-scale handicraft production and business activities to the Chairman of the People's Committee of the district and the Director of the Department of Industry.

2.8. Take the lead in coordinating with relevant agencies to inspect and audit the enforcement of laws concerning industrial and small-scale handicraft activities on the territory. Assist the People's Committee of the district in resolving disputes, complaints, and denunciations related to industrial activities on the territory.

2.9. Perform other tasks as assigned by the People's Committee of districts.

3. Organization and Staffing

3.1. The industrial management agency at the district level may be organized according to a multi-sector, multi-field management model on the territory, including some professional staff members overseeing:

a. Industrial and small-scale handicraft management;

b. Electricity management;

c. Management of promotional activities for industry and guidance on the development of collective and private economies in the industrial sector;

d. Compilation and construction of district industrial development plans; regular statistical reports as required by the Department of Industry.

For districts where the value of industrial production (excluding central government and foreign-invested enterprises on the territory) accounts for 20% or more of the district's economic structure, a District Industry Office may be established in accordance with Decree No. 12/2001/NĐ-CP dated March 27, 2001 of the Government.

3.2. Staffing:

The number of staff positions for the district industrial management agency shall be based on the development of industry, the number of industrial and small-scale handicraft production units to be managed, and the geographical characteristics of the district.

Based on the characteristics and development situation of industry and small-scale handicrafts in the locality, the Director of the Department of Industry shall take the lead, in coordination with the Head of the Civil Service Organization Department, to develop a plan to submit to the Provincial People's Committee for deciding on the organizational form of the district-level specialized agency for industrial management and ensuring adequate staffing with capable officials and civil servants to fulfill assigned tasks.

III. IMPLEMENTATION

1. This Circular replaces Circular No. 18/LB-TT dated June 29, 1996 of the Ministry of Industry - Civil Service Organization - Government Cadres and takes effect fifteen days after publication in the Official Gazette.

2. The Chairman of the Provincial People's Committee shall base this Circular to specify the functions, responsibilities, authorities, organization, and staffing of the Department of Industry and the district-level industrial management agency.

3. During the implementation of this Circular, if there are emerging issues or difficulties, the provinces need to promptly reflect them to the Ministry of Industry and the Ministry of Home Affairs for research and resolution.