Joint Circular No. 08/2005/TTLT/BTM-BNV guiding the functions, tasks, powers, and organizational structure of specialized agencies assisting People's Committees in managing state affairs on local trade

JOINT CIRCULAR

Guidelines on functions, tasks, powers, and organizational structure

of the specialized agency assisting the People's Committee to manage state administration

on local commerce

Pursuant to Decree No. 29/2004/NĐ-CP dated January 16, 2004 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Commerce;

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

Pursuant to Decree No. 171/2004/NĐ-CP dated September 29, 2004, stipulating the organization of specialized agencies under the provincial People's Committees and Decree No. 172/2004/NĐ-CP dated September 29, 2004, stipulating the organization of specialized agencies under the district, town, city, and provincial-level People's Committees;

The Ministry of Trade and the Ministry of Home Affairs guide the functions, tasks, powers, and organizational structure of the specialized agency assisting the People's Committee in performing state management functions over commerce at the local level as follows:

I. THE SPECIALIZED AGENCY ASSISTING THE PROVINCIAL PEOPLE'S COMMITTEE TO MANAGE STATE ADMINISTRATION ON LOCAL COMMERCE

1. Position and Functions

1.1. The Department of Commerce or the Department of Commerce and Tourism (hereinafter referred to collectively as the Department) is a specialized agency under the provincial People's Committee (hereinafter referred to collectively as the Provincial People's Committee) providing advisory services and assisting the Provincial People's Committee in implementing state management functions over commerce within the province, including areas such as domestic circulation of goods, exports, imports, protection of consumer rights, e-commerce, market management, competition management, anti-monopoly, anti-dumping, trade promotion, international economic and trade integration; managing state administrative services within the province's commerce sector; performing certain tasks and powers delegated by the Provincial People's Committee and as prescribed by law.

The Department of Commerce and Tourism shall implement the provisions of this Circular, while also performing advisory functions to assist the Provincial People's Committee in managing state administration over tourism within the province.

1.2. The Department of Commerce is subject to the direction and management regarding organization, staffing, and operations by the Provincial People's Committee; it is also subject to the direction, guidance, and inspection regarding professional matters in commerce by the Ministry of Trade.

1.3. The Department of Commerce and Tourism is subject to the direction and management regarding organization, staffing, and operations by the Provincial People's Committee; it is also subject to the direction, guidance, and inspection regarding professional matters in commerce by the Ministry of Trade and regarding tourism by the General Administration of Tourism.

2. Duties and powers in the field of commerce

2.1. Submitting to the Provincial People's Committee for issuance of decisions and directives on state administration over commerce within the scope of local management and delegation by the Ministry of Trade; being responsible for the content of submitted documents.

2.2. Submitting to the Provincial People's Committee for approval of planning, long-term plans, five-year plans, and annual plans, programs, and important projects in fields under the Department's jurisdiction, consistent with the overall socio-economic development plan of the locality and the industry development plan of the Ministry of Trade.

2.3. Submitting to the Provincial People's Committee for decision-making on the division of responsibilities, delegation, or authorization of management in the field of commerce to the district People's Committees (hereinafter referred to collectively as the District People's Committees) and other specialized agencies under the Provincial People's Committee, in accordance with the law.

2.4. Organizing, directing, guiding, and inspecting the implementation of legal regulations, plans, programs, and projects on commerce that have been approved; disseminating information, promoting, and educating the public about laws in fields under the Department's jurisdiction.

2.5. Managing domestic circulation of goods:

2.5.1. Being responsible for guiding and organizing the implementation of plans, policies, and development of commercial infrastructure networks including various types of markets, shopping centers, supermarket systems, gas station retail systems, cooperative trading services, commercial agency systems, and other types of commercial infrastructure.

2.5.2. Leading and coordinating with other specialized agencies at the same level to guide and organize the implementation of mechanisms and policies encouraging traders from all economic sectors to expand their business networks, develop economic linkages during circulation, between circulation and production, forming stable channels of goods circulation from production to consumption in the locality.

2.5.3. Organizing, guiding, implementing, and inspecting the execution of circulation mechanisms and policies and commercial services, including commercial policies for mountainous regions and ethnic minorities; compiling situations and proposing solutions to regulate circulation of goods in each period.

2.5.4. Compiling and processing information about the market within the province concerning total turnover of goods, total supply and demand, reserve levels, and price fluctuations of essential goods and policy goods for ethnic minorities.

2.5.5. Organizing and managing the issuance of certificates for goods circulation, commercial services, and commercial activities of traders within the province according to the law.

2.6. Managing exports and imports:

2.6.1. Guiding and inspecting the implementation of mechanisms and policies on exports and imports; formulating plans and measures to implement export development plans and border trade (for provinces sharing borders with China, Laos, and Cambodia) for traders within the province.

2.6.2. Approving export-import plans of foreign-invested enterprises and allocating quotas for traders within the province upon delegation from the Ministry of Trade.

2.6.3. Monitoring, compiling, reporting to the Provincial People's Committee and the Ministry of Trade on the implementation situation, and recommending amendments to export-import policies and measures to promote export development to suit actual needs in the locality.

2.7. Managing e-commerce:

2.7.1. Submitting to the Provincial People's Committee for approval of programs and plans to cultivate and develop human resources serving the management and development of e-commerce within the province and being responsible for organizing implementation after approval.

2.7.2. Reviewing or participating in reviewing programs and projects applying e-commerce within the province in accordance with the law.

2.7.3. Cooperate with relevant agencies to construct infrastructure for e-commerce applications in accordance with the overall program and plan on e-commerce of the Ministry of Commerce as assigned by the Provincial People's Committee;

2.8. Market management:

2.8.1. Assist the Provincial People's Committee in uniformly directing market management work within the province in accordance with the Government's regulations, guidance from the Ministry of Commerce, and other competent state management agencies;

2.8.2. Be responsible for guiding and organizing the implementation of market management work, combating smuggling, illegal importation, prohibited goods, counterfeiting, substandard products, and violations of intellectual property rights; combating speculative practices, market monopolization, commercial fraud, and other acts violating trade laws by organizations and individuals engaged in business activities within the province;

2.8.3. Take the lead in coordinating among local functional agencies in market management work, combating smuggling, counterfeit goods, and commercial fraud;

2.8.4. Summarize and report on market conditions and market inspection and supervision work, handling violations within the province as prescribed and required by higher authorities;

2.9. Implement provisions of laws on competition, anti-monopoly, anti-dumping, and consumer protection:

2.9.1. Guide and organize the implementation of legal provisions on competition, anti-monopoly, anti-dumping, and consumer protection to ensure a fair competitive environment and protect consumers' rights within the province;

2.9.2. Identify and recommend to relevant agencies to amend and supplement regulations and issued documents that are inconsistent with competition laws;

2.9.3. Request organizations and individuals related in the province to provide necessary information and materials for assigned tasks;

2.9.4. Collect, build, manage, and provide databases on dominant enterprises in the market, monopoly enterprises headquartered in the province, competition rules in associations, and exemption cases;

2.10. Manage trade promotion activities:

2.10.1. Submit to the Provincial People's Committee for approval plans, programs, and measures for trade promotion aimed at boosting exports and supporting enterprises in building and developing Vietnamese brand names within the province; be responsible for directing, guiding, and implementing after approval;

2.10.2. Organize the registration of trade fairs, exhibitions, and promotional activities for traders; approve plans for organizing trade fairs and exhibitions within the province for traders operating exhibition and trade fair services according to regulations;

2.10.3. Collect, compile, process, and provide commercial information to management agencies and enterprises within the province;

2.11. Regarding economic and trade integration at the international level:

2.11.1. Submit to the Provincial People's Committee specific programs, plans, and measures for international economic and trade integration of the province; organize implementation after approval;

2.11.2. Popularize, disseminate, and guide the implementation of programs, plans, and regulations on international economic and trade integration within the province;

2.12. Handle registration for establishing representative offices and branches abroad for traders engaged in commerce with headquarters in the province; handle registration and supervision of operations of foreign traders' representative offices and branches in the province according to the law;

2.13. Assist the Provincial People's Committee in managing state-owned enterprises, collective and private economic organizations, associations, and non-governmental organizations operating in sectors under the Department's jurisdiction as prescribed by law; have the right to request traders to report on and provide information about the trading activities of enterprises operating within the province to serve the Department's state management tasks;

2.14. Lead and coordinate with the Department of Personnel Affairs and the Department of Finance to guide and inspect the self-management and responsibility mechanisms of public institutions according to the law;

2.15. Implement international cooperation in the Department's management field according to the law and assignments or delegations from the Provincial People's Committee;

2.16. Provide professional guidance and oversight to specialized agencies under the People's Committees of districts in their performance of national management duties in commerce;

2.17. Organize research, application of scientific and technological advancements, environmental protection; establish information systems and archive materials on sectors under the Department's management;

2.18. Implement reporting systems on trade, regular and ad hoc reports on the execution of tasks in assigned fields according to the regulations of the Provincial People's Committee, the Ministry of Commerce, and related agencies;

2.19. Inspect and audit the enforcement of laws and handle violations in areas under the Department's management, resolve complaints and denunciations, and combat corruption and negative practices according to the law;

2.20. Manage staffing, implement salary systems and incentive policies, rewards, and disciplinary actions for cadres, civil servants, and employees according to the provincial government's分级管理权限和法律规定；组织专业培训和业务发展，提升地方行业人力资源；

2.21. Manage financial resources and assets allocated and organize the implementation of budgets distributed according to the law and the provincial government's分级管理权限；

2.22. Perform other tasks assigned by the Provincial People's Committee; For provinces that establish Departments of Trade and Tourism, in addition to performing tasks and exercising powers in the field of trade as stipulated in this Circular, they shall also perform tasks and exercise powers in the field of tourism as guided by the Circular of the Ministry of Home Affairs on the functions, powers, and organizational structure of specialized agencies assisting the People's Committee in managing state affairs in tourism at the local level.

3. Organization and Staffing

3.1. Department Leadership

The Department of Commerce or the Department of Commerce and Tourism shall have a Director and not more than three Deputy Directors.

The Director of the Department shall be responsible and report on work to the People's Committee at the provincial level, the Ministry of Commerce, and report on work to the People's Council at the provincial level when requested. The Director of the Department shall be responsible before the People's Committee at the provincial level, under the law for all activities of the Department and perform assigned tasks.

The Deputy Directors shall be responsible before the Director and under the law for the areas of work assigned to them.

The Chairman of the People's Committee at the provincial level decides on the appointment of the Director and Deputy Directors of the Department according to the professional standards set by the Minister of Commerce and in accordance with the regulations of the Party and State regarding cadre work.

The removal, commendation, and disciplinary action against the Director and Deputy Directors of the Department shall be carried out in accordance with the provisions of the law.

3.2. Organizational structure of the Department, including:

3.2.1. Advisory and support organizations for the leadership of the Department.

- Office;

- Inspection;

- Specialized and operational departments;

3.2.2. Market Management Agency.

3.2.3. Public service organizations.

The establishment of specialized and professional departments shall be based on the principle of ensuring comprehensive coverage of all fields within the scope of state management of the Department; the functions and responsibilities of each department must be clear, without overlapping with those of other departments and organizations within the Department; it must be suitable for the characteristics and actual workload of the locality, ensuring simplicity in administrative procedures and convenience in handling requests from organizations and citizens.

The number of specialized and professional departments of the Department shall not exceed four departments for provinces and five departments for centrally governed cities.

The number and names of specialized and professional departments of the Department shall be determined by the Director of the Department of Commerce or the Director of the Department of Commerce and Tourism in coordination with the Director of the Department of Home Affairs, to be decided by the Chairman of the Provincial People's Committee.

The Director of the Department of Commerce or the Director of the Department of Commerce and Tourism shall coordinate with the Director of the Department of Home Affairs to submit to the Chairman of the Provincial People's Committee for decision on the establishment of public service organizations subordinate to the Department, defining the functions, responsibilities, and powers of the Market Management Agency and the Department Inspectorate in accordance with the law, approving the operational regulations of the Department.

The Director of the Department of Commerce or the Director of the Department of Commerce and Tourism shall define the duties and powers of the Office, specialized and professional departments, and public service organizations under the Department, and define the responsibilities of heads of organizations under the Department in accordance with the law.

3.3. Staffing:

The staffing of the Office, Inspectorate, specialized and professional departments, and the Market Management Agency is state management staffing. The staffing of the Department of Commerce or the Department of Commerce and Tourism is decided by the Provincial People's Committee in accordance with Decree No. 71/2003/ND-CP dated June 19, 2003 of the Government on decentralization of administrative and public service staffing management and Decree No. 112/2004/ND-CP dated April 8, 2004 of the Government on mechanisms for managing staffing for public service units.

The Director of the Department shall allocate and utilize cadres, civil servants, and officials of the Department in accordance with their positions and the standards for civil servant and official ranks as prescribed by the law on cadres and civil servants.

II. SPECIALIZED AGENCIES ADVISING AND ASSISTING THE PEOPLE'S COMMITTEES OF COUNTIES, DISTRICTS, TOWNS, AND PROVINCE-GOVERNED CITIES IN STATE MANAGEMENT OF COMMERCE AND TOURISM

1. Functions

Specialized agencies advising and assisting the People's Committees of counties, districts, towns, and province-governed cities in performing state management functions over commerce and tourism, and managing public services in the commerce and tourism sector within their jurisdiction shall be organized in accordance with Decree No. 172/2004/ND-CP dated September 29, 2004 of the Government on the organization of specialized agencies under the People's Committees of counties, districts, towns, and province-governed cities.

These specialized agencies shall be subject to the direction and management of organizational structure, staffing, and personnel work by the People's Committee at the county level, while also being subject to professional guidance and supervision by the Department of Commerce or the Department of Commerce and Tourism.

2. Tasks and Authorities

The People's Committee at the county level shall specify the functions, responsibilities, and powers of the specialized agency advising and assisting the People's Committee at the county level in performing state management functions over commerce and tourism in accordance with the guidelines of the People's Committee at the provincial level.

3. Staffing

Based on the characteristics and development situation of commerce and tourism in the locality, the Chairman of the People's Committee at the county level shall decide on the staffing to meet the state management tasks of commerce and tourism within the total administrative staffing allocated by the provincial People's Committee to the county.

III. TASKS OF STATE MANAGEMENT OF COMMERCE AND TOURISM BY THE PEOPLE'S COMMITTEES OF VILLAGES, WARD, AND TOWNS

The tasks of state management of commerce and tourism by the People's Committees of villages, wards, and towns (hereinafter referred to as the People's Committees at the village level) shall be decided by the People's Committee at the provincial level upon the proposal of the Director of the Department of Commerce or the Department of Commerce and Tourism and the Director of the Department of Home Affairs.

Based on the actual situation and requirements of state management tasks of commerce and tourism in the locality, the People's Committee at the provincial level shall decide the number of non-professional staff for commerce and tourism at the village level in accordance with Decree No. 121/2003/ND-CP dated October 21, 2003 of the Government on the system and policies for village-level cadres and civil servants.

IV. IMPLEMENTATION

1. This Circular shall take effect fifteen days after its publication in the Official Gazette and shall replace Circular Joint No. 36/2000/TTLT-BTM-BTCCBCP dated January 27, 2000 of the Joint Ministry of Trade - Civil Service Cadre Department of the Government (now the Ministry of Home Affairs) guiding the functions, responsibilities, powers, and organizational structure of specialized agencies assisting the People's Committees in local state management of commerce.

2. The Chairmen of the People's Committees of provinces and centrally governed cities shall be responsible for organizing the implementation of this Circular. During the implementation of this Circular, if there are any issues arising or difficulties encountered, the provinces should promptly reflect these to the Ministry of Commerce and the Ministry of Home Affairs for study and resolution./.