Joint Circular No. 07/2008/TTLT-BCT-BNV guides the functions, tasks, authorities, and organizational structure of specialized agencies for industry and trade under provincial and district People's Committees.

JOINT CIRCULAR

Guidelines for the functions, tasks, authorities, and organizational structure of specialized agencies under provincial and district People's Committees regarding industry and trade

On the basis of Decree No. 13/2008/NĐ-CP dated February 4, 2008, of the Government stipulates the organization of specialized agencies under provincial and centrally governed city People's Committees;

Based on Decree No. 14/2008/NĐ-CP dated February 4, 2008, of the Government stipulating the organization of specialized agencies under district, town, and provincial city People's Committees;

Based on Decree No. 178/2007/NĐ-CP dated December 3, 2007, of the Government stipulating the functions, tasks, authorities, and organizational structure of Ministries and ministerial-level agencies;

Based on Decree No. 189/2007/NĐ-CP dated December 27, 2007, of the Government stipulating the functions, tasks, authorities, and organizational structure of the Ministry of Industry and Trade;

Based on Decree No. 48/2008/NĐ-CP dated April 17, 2008, of the Government stipulating the functions, tasks, authorities, and organizational structure of the Ministry of Home Affairs;

The Ministry of Industry and Trade and the Ministry of Home Affairs provide guidelines for the functions, tasks, authorities, and organizational structure of specialized agencies under provincial and district People's Committees regarding industry and trade as follows:

Part I

DEPARTMENT OF INDUSTRY AND TRADE

I. POSITION AND FUNCTIONS

1. The Department of Industry and Trade is a specialized agency under the provincial and centrally governed city People's Committees (hereinafter referred to as the provincial People's Committee) with the function of advising and assisting the provincial People's Committee in performing state management over industry and trade, including: machinery; metallurgy; electricity; new energy; renewable energy; oil and gas (if applicable); chemicals; industrial explosives; mining and mineral processing industries; consumer goods industry; food industry; other processing industries; commodity circulation within the province; exports; imports; border trade (if applicable); market management; competition management; trade promotion; monopoly control; anti-dumping; countervailing duties, protecting consumer rights; e-commerce; commercial services; economic integration; management of industrial clusters and zones within the province; activities promoting industry; public services within the scope of management of the Department.

2. The Department of Industry and Trade has legal personality, its own seal and separate bank account; it is subject to direction and management regarding organization, staffing, and personnel work by the provincial People's Committee, while also being subject to professional guidance and supervision by the Ministry of Industry and Trade.

II. TASKS AND AUTHORITIES

1. Submit to the People's Committee at the provincial level:

a) Drafting long-term plans, five-year plans, and annual plans; policies, programs, measures, and specific regulations on the development of the industry and trade sector within the province;

b) Drafting decisions and directives within the authority to issue of the provincial People's Committee concerning the industry and trade sector;

c) Drafting regulations on the functions, tasks, authorities, and organizational structure of the Market Management Agency according to the Government's regulations, the Ministry of Industry and Trade's guidance, and competent state management agencies;

d) Drafting standards for positions of heads and deputies of units under the Department of Industry and Trade; participating in drafting standards for leadership positions responsible for the industry and trade sector in the Industry and Trade Departments of district People's Committees and Economic Departments of municipal districts and provincial cities.

2. Submit to the Chairman of the People's Committee at the provincial level:

a) Drafting decisions on establishing, merging, dissolving units under the Department of Industry and Trade in accordance with the law;

b) Drafting individual decisions and directives within the authority to issue of the Chairman of the provincial People's Committee concerning the industry and trade sector.

Guiding and inspecting the implementation of regulatory legal documents, policies, plans, projects, programs, and regulations on the development of industry and trade after approval; providing information, propaganda, guidance, dissemination, and legal education in the field of industry and trade.

4. Assisting the provincial People's Committee in reviewing the basic design of investment projects for construction of industry and trade development facilities within the province according to the delegation level; reviewing, issuing, amending, supplementing, extending, and revoking licenses and certificates within the scope of responsibility of the Department of Industry and Trade according to the law, delegation, or authorization of the provincial People's Committee.

5. On industry and small-scale handicraft industry

a) On machinery and metallurgy:

Implementing plans, policies, and development strategies for the machinery and metallurgical industries, key electromechanical products, high-tech products, and the integration of mechanical, automation, and industrial electronics technologies within the province.

b) On electricity and energy:

- Implementing plans and policies for electricity development, the application of new and renewable energy within the province;

- Organizing training on legal knowledge related to electricity operations and usage for power units in the province; training and enhancing professional skills and electrical safety for technical staff in rural power management organizations;

- Implementing approved electricity pricing schemes in the province;

- Cooperating with competent state agencies to conduct specialized inspections and audits in the electricity sector according to the law.

c) On chemicals, industrial explosives, and equipment with strict technical safety requirements:

- Implementing plans, policies, and development strategies for the chemical and industrial explosive industries and equipment with strict technical safety requirements within the province;

- Leading and coordinating with relevant provincial agencies to inspect and handle violations of laws on the management, use, storage, and transportation of chemicals, industrial explosives, liquefied petroleum gas, and equipment with strict technical safety requirements according to the law.

d) On mining and mineral processing industries (excluding construction materials and cement production):

- Leading the implementation of approved exploration, exploitation, and processing plans for minerals within the province;

- Implementing plans, policies, and development strategies for the mining and mineral processing industries within the province; inspecting compliance with environmental protection measures and safety regulations in mining and mineral processing within the province.

d) On consumer goods industry, food industry, and other processing industries:

- Implement planning, programs, and policies for the development of industries after approval, including: textile - garment, leather - footwear, paper, ceramics, glass, plastic, beer, wine, beverages, tobacco, confectionery, milk, vegetable oil, flour processing, and starch refining;

- Guide and inspect the implementation of product quality standards, industrial safety and hygiene, environmental protection, and food safety from production to circulation within the jurisdiction of the Department of Industry and Trade;

e) Regarding promotion of industry:

- Implement programs, plans, and projects for promoting industry at the local level, including activities funded by national and local industrial promotion funds;

- Organize training and capacity building for staff involved in industrial promotion activities at the local level;

g) Regarding industrial clusters, small-scale industries:

- Lead and coordinate with relevant agencies to implement programs, projects, mechanisms, policies, and plans for developing small and medium-sized enterprises and collective economic organizations in the area (including rural crafts, cooperatives in the industry-commerce sector); approve the charters of these organizations;

- Implement preferential mechanisms and policies for attracting investment, import-export, tax, finance, labor, and infrastructure construction, land clearance, relocation of production facilities, and establishment of new industrial clusters and small-scale industries after approval;

6. Regarding Trade:

a) Domestic Trade:

- Organize the implementation of planning, mechanisms, and policies for developing wholesale and retail trade infrastructure networks, including: various types of markets, commercial centers, supermarket systems, store chains, cooperative trading services; distribution agency systems, franchising, and other types of trade infrastructure;

- Lead and coordinate with relevant agencies to guide and implement mechanisms and policies to encourage expansion of business networks, development of commodity circulation organizations, and formation of stable commodity circulation channels from production to consumption in the province;

- Implement preferential, encouraging, and supporting policies for the production, business, and living conditions of ethnic minorities and remote areas in the province (such as providing essential goods, supporting commodity circulation and commercial services...);

- Aggregate and process market information in the province regarding total commodity turnover, supply and demand, circulation reserves, and price fluctuations of essential goods and policy goods for ethnic minorities and remote areas. Propose solutions to regulate commodity circulation during each period to the competent authority;

b) Regarding Import-Export:

- Implement policies, plans, programs, and projects for developing and promoting exports; develop export-import services in the province;

- Manage the import-export activities of domestic enterprises, foreign-invested enterprises, and foreign traders without representatives in Vietnam in the province;

c) On border trade (for provinces with borders):

- Implement policies for border trade development, including formal trade, informal trade, and cross-border trade conducted by traders in the area;

- Coordinate with relevant agencies to aggregate the operation status of border economic zones; propose amendments and supplements to border trade policies and measures to suit the actual situation in the area;

d) Regarding electronic commerce:

- Lead and coordinate with relevant agencies to build electronic commerce application infrastructure in the province;

- Organize the implementation of policies, plans, and programs to train and develop human resources for managing electronic commerce in the province;

d) Regarding trade promotion:

- Organize the implementation of trade promotion programs to boost exports and support enterprises in the province to establish and develop Vietnamese brands;

- Organize the implementation and monitor the registration of trade fairs, exhibitions, and promotional activities for traders;

e) Regarding market management:

- Implement market management work in the province according to government regulations, guidelines of the Ministry of Industry and Trade, and competent state management agencies;

- Guide and inspect the implementation of laws in the industry-commerce sector by businesses and individuals in the province; conduct specialized inspections as prescribed by law;

- Lead and coordinate with relevant agencies to combat smuggling, illegal imports, banned goods, counterfeit and substandard goods, intellectual property violations; and oppose speculative and monopolistic behaviors, commercial frauds by businesses and individuals in the province;

g) Regarding competition, anti-monopoly, anti-dumping, and anti-subsidy, consumer rights protection:

- Guide and implement legal provisions on competition, anti-monopoly, anti-dumping, anti-subsidy, and consumer rights protection to ensure a fair competitive environment in the province. Propose amendments and supplements to regulations and issued documents that are inconsistent with competition laws to relevant agencies;

- Request organizations and individuals in the province to provide necessary information and materials for tasks related to implementing legal provisions on competition, anti-monopoly, anti-dumping, and anti-subsidy, and consumer rights protection.

- Collecting, building, managing, and providing information on enterprises with dominant market positions, state-owned enterprises headquartered in the province; on competition rules within associations; on exemption cases.

h) Regarding economic integration:

- Implementing plans, programs, and specific measures on international economic and trade integration in the province after approval;

- Taking the lead and coordinating with relevant agencies to disseminate, publicize, and guide the implementation of plans, programs, and local regulations on economic and trade integration.

7. Assist the provincial People's Committee in managing state affairs concerning enterprises, collective economic organizations, private economic organizations; guiding and inspecting the activities of associations, chambers of commerce, and non-governmental organizations in the industry and commerce sector at the local level according to the provisions of the law.

8. Guide and inspect the implementation of the self-management and self-responsibility mechanism of public service units under the management of the Department of Industry and Trade according to the provisions of the law.

9. Carry out international cooperation in the industry and commerce sector according to the law and the delegation of authority from the provincial People's Committee.

10. Provide professional guidance and business operations within the industry and commerce sector for Industrial and Trade Departments under the People's Committees of districts, Economic Departments under the People's Committees of cities and towns within provinces.

11. Organize the implementation of research plans, application of scientific and technological progress in industry and trade within the scope of management of the Department; guide the implementation of standards, norms, economic-technical quotas, product quality; establish a system for storing and providing information on industry and trade according to the provisions of the law.

12. Implement the administrative reform program of the Department according to the goals and content of the administrative reform program of the provincial People's Committee.

13. Conduct inspections, handle violations, resolve complaints and denunciations; prevent corruption and negative practices; practice thrift and combat waste in the industry and commerce sector according to the law or as assigned and delegated by the provincial People's Committee.

14. Organize the provision of public services in the industry and commerce sector within the scope of management of the Department according to the provisions of the law.

15. Define the functions, tasks, powers, organizational structure, and work relationships of subordinate organizations and units under the Department; manage staffing, implement salary systems and incentive policies, training, rewards, and disciplinary actions for cadres, civil servants, and employees under the Department's jurisdiction according to the law and the delegation of authority from the provincial People's Committee.

16. Manage financial resources and assets entrusted and organize the implementation of the budget allocated according to the law and the delegation of authority from the provincial People's Committee.

17. Perform information and regular and ad hoc reporting on the implementation of programs, plans, and projects for developing the industry and commerce sector at the local level according to the regulations of the provincial People's Committee and the Ministry of Industry and Trade.

18. Perform other tasks assigned by the provincial People's Committee and according to the law.

III. ORGANIZATIONAL STRUCTURE AND STAFFING

1. Leadership of the Department:

a) The Department of Industry and Trade has a Director and not more than three Deputy Directors; for Hanoi City and Ho Chi Minh City, not more than four Deputy Directors.

b) The Director of the Department is the head of the Department, responsible before the provincial People's Committee, the Chairman of the provincial People's Committee, and the law for all activities of the Department.

c) The Deputy Director of the Department assists the Director of the Department, responsible before the Director of the Department and the law for the tasks assigned; when the Director of the Department is absent, a Deputy Director of the Department is authorized by the Director to manage the activities of the Department.

d) The appointment of the Director and Deputy Directors of the Department is decided by the Chairman of the provincial People's Committee based on professional and business standards issued by the Ministry of Industry and Trade and according to the law. The removal, dismissal, commendation, punishment, and other policies for the Director and Deputy Directors of the Department are implemented according to the law. a) Professional and business organizations under the Department of Industry and Trade:

2. Organizational Structure:

- Organizations established uniformly across the Departments of Industry and Trade include: Office, Inspectorate, Planning and Finance Department;

The establishment of the Personnel and Organization Department under the Department or a personnel and organization section under the Department's Office is decided by the provincial People's Committee.

- Organizations established in accordance with the characteristics of each locality, including: Industrial Management Department; Trade Management Department; Safety and Environment Technology Department; Electricity Management Department or departments with other names.

Based on the nature, characteristics, and specific management requirements for the industry and commerce sector in the locality, the Director of the Department of Industry and Trade leads and coordinates with the Director of the Department of Civil Service to submit to the Chairman of the provincial People's Committee for a specific decision on the names and number of specialized departments under the Department; however, the total number of departments, Office, Inspectorate shall not exceed eight for provinces and nine for centrally-administered cities.

Subordinate Inspection Units of the Department of Industry and Trade:

- Market Management Inspection Unit.

The Market Management Inspection Unit has legal personality, its own seal, account, and market management teams directly under the provincial People's Committee according to the law.

c) Public Service Units under the Department of Industry and Trade:

- Industrial Promotion and Development Consulting Center;

- Trade Promotion Center.

The above public service units and other public service units (if any) under the Department are decided by the provincial People's Committee according to the law.

a) Administrative staffing of the Department of Industry and Trade is decided by the provincial People's Committee within the total administrative staffing of the province allocated by the central government;

3. Staffing:

Administrative staffing of the Market Management Inspection Unit is within the total administrative staffing of the Department allocated by the provincial People's Committee.

b) Public service staffing of subordinate units under the Department is decided by the provincial People's Committee according to staffing norms and according to the law.

SPECIALIZED ORGANIZATIONS FOR INDUSTRY AND COMMERCE UNDER THE PEOPLE'S COMMITTEES OF COUNTIES, DISTRICTS, TOWNS, AND PROVINCE-GOVERNED CITIES

Part II

ORGAN CONCERNING COMMERCE BELONGING TO THE PEOPLE'S COMMITTEE OF DISTRICTS, COUNTIES, PROVINCE-GOVERNED CITIES, AND MUNICIPALITIES UNDER PROVINCES

I. POSITION AND FUNCTIONS

1. The Department of Industry and Trade under the People's Committee of the district or the Department of Economy under the People's Committee of the town, city under province (hereinafter referred to collectively as the People's Committee at the county level) is the specialized agency with the function of advising and assisting the People's Committee at the county level in implementing state management over industry and trade in the locality (for other fields under the Department of Industry and Trade or the Department of Economy managed by the relevant ministry, follow the guidance of such ministry).

2. The Department of Industry and Trade or the Department of Economy (hereinafter referred to collectively as the Department) has legal personality, its own seal and separate account; it is directly managed by the People's Committee at the county level, while also being directed, inspected, and guided on professional matters by the Department of Industry and Trade.

II. TASKS AND AUTHORITIES

1. Submit draft decisions, directives; long-term, five-year, and annual plans for the development of industry and trade in the locality; programs and measures to organize the implementation of administrative reform tasks within the field of industry and trade to the People's Committee at the county level.

2. Submit draft documents in the field of industry and trade within the authority of the district People's Committee Chairman to the district People's Committee Chairman.

3. Assist the People's Committee at the county level in implementing and bear responsibility for the examination, registration, and issuance of various types of permits within the scope of responsibilities and authority of the Department according to the provisions of the law and the assignment of the People's Committee at the county level.

4. Assist the People's Committee at the county level in managing state affairs concerning collective economic organizations, private economic organizations; guide and inspect the activities of associations and non-governmental organizations in the locality within the field of industry and trade according to the provisions of the law.

5. Implement legal documents, planning, and plans after approval; provide information, propaganda, dissemination, and education on laws related to the field of industry and trade.

6. Provide professional guidance on industry and trade for cadres and civil servants at the commune, ward, town level in the locality.

7. Organize the implementation, application of scientific and technological progress; build information systems and archives to serve state management and professional work of the Department.

8. Carry out information and regular and urgent reporting on the situation of implementing production and business activities of the industry and trade sector according to the regulations of the People's Committee at the county level and the Department of Industry and Trade.

9. Organize, guide, and implement policies encouraging collective economic organizations and private economic organizations to invest in developing industry, expanding production and business; organize consulting services for technology transfer, providing information, promoting trade, and training human resources for production and business establishments within the field of industry and trade.

10. Take the lead and coordinate with relevant agencies to inspect and audit the enforcement of laws on industrial and commercial activities in the locality; handle complaints and denunciations; prevent and combat corruption and waste in industrial and commercial activities in the locality according to the law and the delegation of the People's Committee at the county level.

11. Manage staffing, implement systems, policies, incentives, rewards, punishments, training, and upgrading on professional matters for cadres, civil servants, officials, and workers under the Department according to the law and the assignment of the People's Committee at the county level.

12. Manage the financial and assets of the Department according to the law and the delegation of the People's Committee at the county level.

13. Perform other tasks assigned by the People's Committee at the county level and according to the law.

III. ORGANIZATION AND STAFFING

1. The Department of Industry and Trade or the Department of Economy shall have a Director and not more than three Deputy Directors;

The Director is responsible before the People's Committee, the Chairman of the People's Committee at the county level, and the law for all activities of the Department;

The Deputy Directors are responsible before the Director and the law for the tasks assigned to them;

The appointment of the Director and Deputy Directors is decided by the Chairman of the People's Committee at the county level based on the professional standards issued by the People's Committee at the provincial level and according to the law. The removal, dismissal, commendation, punishment, and other policies for the Director and Deputy Directors are implemented according to the law.

2. The administrative staffing of the Department of Industry and Trade or the Department of Economy is determined by the People's Committee at the county level within the total administrative staffing of the county allocated by the People's Committee at the provincial level.

Part III

IMPLEMENTATION

1. This Circular takes effect 15 days from the date of publication in the Official Gazette and replaces Circular Joint No. 02/2003/TTLT-BCN-BNV dated October 29, 2003 between the Ministry of Industry and the Ministry of Home Affairs guiding the functions, tasks, powers, and organizational structure of the specialized agency assisting the People's Committee in managing state affairs over industry in the locality; Circular Joint No. 08/2005/TTLT/BTM-BNV dated April 8, 2005 between the Ministry of Trade and the Ministry of Home Affairs guiding the functions, tasks, powers, and organizational structure of the specialized agency assisting the People's Committee in managing state affairs over commerce in the locality.

2. Provincial People's Committees:

a) Specify the tasks, powers, and organizational structure of the Department of Industry and Trade and guide the People's Committee at the county level to specify the tasks, powers, and organizational structure of the Department of Industry and Trade or the Department of Economy in the field of industry and trade;

b) Based on the characteristics and socio-economic development situation of the locality, decide on the establishment, merger, dissolution, division, reorganization of specialized and professional organizations and public service units under the Department of Industry and Trade according to the approved planning and guidance provided in this Circular.

3. The Chairman of the People's Committee at the provincial level is responsible for organizing the implementation of this Circular.

During the implementation process, if there are emerging issues or difficulties, the provinces should promptly reflect them to the Ministry of Industry and Trade and the Ministry of Home Affairs for consideration and resolution according to their authority./.