This Decree divides the administrative management authority in the industry and trade sector between the two levels of local government, specifically between the People's Committee of the province and the People's Committee of the commune. The Decree takes effect from July 1, 2025, and provides detailed regulations on administrative procedures related to many areas such as gas business, alcohol, markets, and consumer rights protection.
Scope of application
Local People's Committees at all levels, organizations, and individuals involved in the industry and trade sector
Key points
- Division of administrative management authority between provincial and communal levels in the industry and trade sector
- Detailed regulations on administrative procedures related to gas business, alcohol, markets, and consumer rights protection
- Effective date from July 1, 2025
- Announce and implement administrative procedures in accordance with the provisions of this Decree.
- Transfer ongoing administrative tasks
🌐 Social impact of this document
- Enhance the effectiveness of state administration in the industry and trade sector
- Reduce the burden on the provincial level and increase autonomy for the communal level
- Ensure continuity and stability during the transition of two-level local government
❓ Frequently asked questions
When does this Decree take effect?
This Decree takes effect from July 1, 2025.
How will current tasks and authorities be transferred?
Administrative tasks and responsibilities currently being handled and resolved by the People's Committee of the district shall be transferred to the People's Committee of the commune within the scope of the residents' and businesses' territory.
What should be done in case of difficulties arising during the implementation of this Decree?
Subjects assigned administrative authority must report to relevant ministries and sectors to promptly address and resolve issues.
Full text
DECREE
Regulations on the delineation of authority of local administrative bodies at two levels |||
in the field of state administration under the Ministry of Industry and Trade
___________
Pursuant to the Law on Government Organization 2025;
Pursuant to the Law on Local Administrative Organization 2025;
Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly regarding the handling of certain issues related to the restructuring of the state apparatus; The Government promulgates this Decree on the delineation of authority of local administrative bodies at two levels in the field of state administration under the Ministry of Industry and Trade.
At the proposal of the Minister of Industry and Trade;
This Decree stipulates on: 1. The delineation of tasks and powers of local administrative bodies according to the organizational model of local administrative bodies at two levels in the field of state administration under the Ministry of Industry and Trade.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
2. The procedures and formalities for implementing tasks and powers of local administrative bodies at provincial and communal levels as delineated in accordance with the provisions of this Decree.
Article 2. Principles of Authority Delineation
1. Ensuring compliance with the Constitution, consistent with principles and regulations on authority delineation, decentralization, and deconcentration as provided in the Law on Government Organization and the Law on Local Administrative Organization.
2. Ensuring the delineation of tasks and powers between different levels of local administrative bodies in accordance with their respective tasks, powers, and capabilities; avoiding overlap, duplication, or omission of functions and tasks among different levels of local administrative bodies and between agencies and organizations within the local administrative system.
3. Ensuring clear delineation of authority between People's Councils, People's Committees, and Chairpersons of People's Committees; clearly distinguishing the general authority of People's Committees from the specific authority of Chairpersons of People's Committees.
4. Ensuring a legal basis for the normal, continuous, and smooth operation of agencies, society, citizens, and businesses; ensuring human rights and citizen rights; creating favorable conditions for individuals and organizations to access information, exercise their rights and obligations, and comply with prescribed procedures.
5. Ensuring consistency in the organization of constitutional and legal implementation; ensuring transparency, accountability, and effective control of power linked to supervisory responsibilities of higher-level state agencies.
6. Ensuring that it does not affect the implementation of international treaties and agreements to which the Socialist Republic of Vietnam is a party.
7. Resources for implementing the authority delineation tasks shall be guaranteed from the state budget in accordance with the provisions.
Article 3. Fees and Charges
When administrative procedures require payment of fees and charges as prescribed by laws on fees and charges, citizens and organizations must pay these fees and charges simultaneously when submitting applications for administrative procedures to the receiving agency. The amount of fees and charges, management, and utilization thereof shall be carried out in accordance with the provisions of the Government, the Minister of Finance, or the People's Council at the provincial level for corresponding fees and charges.
AUTHORITY DELINEATION WHEN ORGANIZING LOCAL ADMINISTRATIVE BODIES AT TWO LEVELS IN THE INDUSTRY FIELD
Article 4. Authority in the Electricity Sector
Chapter II
1. The authority to review and approve emergency response plans for hydropower dam downstream projects as specified in point b, Clause 5, Article 7 of Decree No. 114/2018/NĐ-CP dated September 4, 2018 of the Government on the management of dam safety and water reservoirs shall be exercised by the People's Committee at the commune level.
2. The procedures and formalities for reviewing and approving emergency response plans for hydropower dam downstream projects are detailed in Appendix I attached to this Decree.
Article 4. Competence in the field of electricity
1. The competence to review and approve emergency response plans for hydropower dam downstream projects as stipulated in point b, Clause 5, Article 7 of Decree No. 114/2018/NĐ-CP dated September 4, 2018 of the Government on dam safety management shall be carried out by the People's Committee at the commune level.
2. The procedures and formalities for reviewing and approving emergency response plans for hydropower dam downstream projects are specified in Appendix I attached to this Decree.
Article 5. Competence in the field of consumer industry
1. The competence to issue, reissue, amend, supplement, and revoke Retail License for tobacco products as stipulated in point c, Clause 1, Article 28; Article 43 of Decree No. 67/2013/ND-CP dated June 27, 2013 of the Government detailing certain provisions and implementing mechanisms of the Law on Prevention and Control of Harmful Effects of Tobacco regarding tobacco business, amended and supplemented by Decree No. 106/2017/ND-CP dated September 14, 2017 of the Government amending and supplementing some articles of Decree No. 67/2013/ND-CP dated June 27, 2013 of the Government detailing certain provisions and implementing mechanisms of the Law on Prevention and Control of Harmful Effects of Tobacco regarding tobacco business, Decree No. 08/2018/ND-CP dated January 15, 2018 of the Government amending some Decrees related to investment conditions under the management of the Ministry of Industry and Trade, and Decree No. 17/2020/ND-CP dated February 5, 2020 of the Government amending and supplementing some articles of Decrees related to investment conditions under the management of the Ministry of Industry and Trade (hereinafter referred to as Decree No. 67/2013/ND-CP) shall be carried out by the People's Committee at the commune level.
2. The procedures for issuing, reissuing, amending, and supplementing the Retail License for tobacco products are specified in Appendix II attached to this Decree.
Article 6. Competence in the field of industrial cluster management and development
The competence to propose the development plan, establishment, and expansion of industrial clusters within the territory; support investors in implementing infrastructure technical investment and managing industrial clusters effectively within the territory; receive, handle, or request competent authorities to handle procedures for implementing investment projects in industrial clusters as stipulated in Clause 1, Article 34; the competence to decide on investment support or propose competent authorities to decide on investment support for technical infrastructure inside and outside industrial clusters; approve and implement plans to relocate enterprises and production facilities into industrial clusters and activities for developing industrial clusters within the territory as stipulated in Clause 2, Article 34; the competence to inspect, supervise regularly or urgently, and handle violations of laws on land, investment, construction, environmental protection, fire prevention, firefighting, rescue, and other regulations on industrial clusters within the territory according to their authority; regularly or urgently report to the Provincial People's Committee and the Department of Industry and Trade on the situation of industrial clusters within the territory as stipulated in Clause 3, Article 34 of Decree No. 32/2024/ND-CP dated March 15, 2024 of the Government on the management and development of industrial clusters (hereinafter referred to as Decree No. 32/2024/ND-CP) shall be carried out by the People's Committee at the commune level.
Article 7. Competence in the field of alcohol production
1. The competence to issue, reissue, amend, supplement, and revoke Handicraft Alcohol Production License for business purposes and Retail License for alcohol within the territory in the field of alcohol production as stipulated in points c and d, Clause 1, Article 25; Article 33 of Decree No. 105/2017/ND-CP dated September 14, 2017 of the Government on alcohol business, amended and supplemented by Decree No. 17/2020/ND-CP dated February 5, 2020 (hereinafter referred to as Decree No. 105/2017/ND-CP) shall be carried out by the People's Committee at the commune level.
2. The procedures for issuing, reissuing, amending, and supplementing the Handicraft Alcohol Production License for business purposes are specified in Appendix III attached to this Decree.
3. The procedures for issuing, reissuing, amending, and supplementing the Retail License for alcohol are specified in Appendix IV attached to this Decree.
Article 8. Responsibilities of the People's Commune Council in State Management in the Field of Electricity
1. The People's Commune Council shall perform tasks in the field of electricity as specified in Clause 3, Article 22; Clause 2, Article 45; and Clause 6, Article 51 of Decree No. 62/2025/ND-CP dated March 4, 2025, of the Government detailing the implementation of the Electricity Law on protecting power facilities.
2. The People's Provincial Council shall perform tasks as prescribed in Decree No. 62/2025/ND-CP in the field of protecting power facilities, in addition to the tasks stipulated in Clause 1 of this Article.
Article 9. Responsibilities of the People's Commune Council in State Management in the Field of Chemicals
The People's Commune Council shall perform tasks in the field of chemicals as specified in Point g, Clause 6, Article 20 of Decree No. 113/2017/ND-CP dated October 9, 2017, of the Government detailing and guiding the implementation of certain provisions of the Chemicals Law, amended and supplemented by Decree No. 17/2020/ND-CP dated February 5, 2020, Decree No. 82/2022/ND-CP dated October 18, 2022, of the Government amending and supplementing certain provisions of Decree No. 113/2017/ND-CP dated October 9, 2017, of the Government detailing and guiding the implementation of certain provisions of the Chemicals Law, and Decree No. 33/2024/ND-CP dated March 27, 2024, of the Government on the implementation of the Convention on the Prohibition of the Development, Production, Stockpiling, Use and Destruction of Chemical Weapons (hereinafter referred to as Decree No. 113/2017/ND-CP).
Article 10. Responsibilities of the People's Commune Council in State Management in the Field of Consumer Industry
The People's Commune Council shall perform tasks in the field of consumer industry as specified in Clause 2, Article 41 of Decree No. 67/2013/ND-CP.
Article 11. Responsibilities of the People's Commune Council in State Management in the Field of Industrial Cluster Management and Development
The People's Commune Council shall perform tasks in the field of industrial cluster management and development as specified in Clause 1, Article 5; Clause 1, Article 7; Point a, Clause 1, Article 9; Clause 1, Clause 2, Clause 3, Article 10; Clause 1, Article 15; Clause 2, Article 17; Clause 5, Article 19; Clause 4, Article 23; Clause 2, Clause 3, Article 24; and Clause 3, Article 29 of Decree No. 32/2024/ND-CP.
Article 12. Responsibilities of the People's Provincial Council in State Management in the Field of Industrial Cluster Management and Development
The People's Provincial Council shall decide to implement regulations related to the district, inter-district area in the field of industrial cluster management and development as specified in Clause 1, Article 2; Point c, Clause 2, Article 4; Point b, Clause 1, Article 6; Points a and c, Clause 1, and Point a, Clause 2, Article 8; Point a, Clause 1, Article 9; Clause 4, Article 10, and the reorganization and handling of units that have been assigned as the main investors for the construction of technical infrastructure for industrial clusters as specified in Clause 3, Article 35 of Decree No. 32/2024/ND-CP.
Chapter III
1. The authority to review and approve emergency response plans for hydropower dam downstream projects as specified in point b, Clause 5, Article 7 of Decree No. 114/2018/NĐ-CP dated September 4, 2018 of the Government on the management of dam safety and water reservoirs shall be exercised by the People's Committee at the commune level.
LOCAL LEVELS IN THE FIELD OF COMMERCE
Article 13. Competence in the Field of Alcohol Business
The competence to accept reports on the production situation of handcrafted alcohol sold to establishments with a Production License for further processing within the commune territory in the field of alcohol business as specified in Clause 2, Article 32 of Decree No. 105/2017/ND-CP shall be performed by the People's Provincial Council.
Article 14. Competence in the liquefied petroleum gas (LPG) retail business sector
1. The competence to issue, reissue, adjust, and revoke the Certificate of Eligibility for LPG Retail Stores as stipulated in Clause 3, Article 44; Article 45; Article 46 of Decree No. 87/2018/ND-CP dated June 15, 2018 of the Government on gas business, amended and supplemented by Decree No. 17/2020/ND-CP dated February 5, 2020 and Decree No. 85/2024/ND-CP dated July 10, 2024 of the Government detailing certain provisions of the Price Law (hereinafter referred to as Decree No. 87/2018/ND-CP) shall be carried out by the People's Committee of the commune.
2. The procedures for issuing, reissuing, and adjusting the Certificate of Eligibility for LPG Retail Stores are specified in Appendix V attached to this Decree.
Article 15. Responsibilities of the People's Committee of the commune in the alcohol business sector
The People's Committee of the commune shall perform tasks in the alcohol business sector as stipulated in Clause 2, Article 4; Clause 2, Article 14; Clause 3, Article 31a; Clause 3, Article 31b; Clause 2, Article 31c; Clause 3, Article 32; Clause 6, Article 38 of Decree No. 105/2017/ND-CP.
Article 16. Responsibilities of the People's Committee of the commune in the gas business sector
The People's Committee of the commune shall perform tasks in the gas business sector as stipulated in Clause 3, Article 59 of Decree No. 87/2018/ND-CP.
Article 17. Responsibilities of the People's Committee of the commune in the market management sector
The People's Committee of the commune shall perform tasks in the market management sector as stipulated in Point a, Clause 8, Article 38; Point 1, Section I, Appendix II; Section V, Appendix II of Decree No. 60/2024/ND-CP dated June 5, 2024 of the Government on developing and managing markets.
Article 18. Responsibilities of the People's Committee of the commune in the consumer protection sector
The People's Committee of the commune shall perform tasks in the consumer protection sector as stipulated in Points a, b, c, d, e, g, Clause 2, Article 77 of the Consumer Protection Law 2023.
Chapter IV
IMPLEMENTING PROVISIONS
Article 19. Responsibilities of the Ministry of Industry and Trade and Heads of Relevant Agencies
1. The Ministry of Industry and Trade shall take the lead and coordinate with relevant ministries and agencies to organize the implementation of the division of competences as prescribed in this Decree; guide the People's Committees of provinces to implement administrative procedures as prescribed in this Decree and related laws.
2. The Minister, Head of a ministry equivalent to a ministry, Head of a government agency, and Chairman of the People's Committee of the province shall organize the delegation and authorization within the scope of their assigned competences as prescribed in this Decree and the organization of the government and local administration laws.
3. In case of difficulties during the implementation process, the Minister of Industry and Trade and Ministers authorized by the Government shall provide guidance on the application of this Decree according to the laws on promulgating legal regulations.
Article 20. Responsibilities of People's Committees at all levels
1. The People's Committee of the province shall be responsible for implementing the competences and responsibilities assigned in this Decree; direct and guide the People's Committees of communes to implement their competences and responsibilities as prescribed in this Decree. Report to the Ministry of Industry and Trade the results of implementation before December 10 each year.
2. The People's Committee of the province shall be responsible for announcing administrative procedures in the locality based on the decision to announce administrative procedures by the Minister of Industry and Trade.
3. The People's Committee of the commune shall be responsible for organizing the implementation of the competences and responsibilities assigned as prescribed in this Decree. Report the results of implementation to the People's Committee of the province before November 30 each year.
In case difficulties arise during the implementation process, subjects assigned competences shall report to relevant ministries and agencies for timely resolution and removal.
Article 21. Effective Date
1. This Decree takes effect from July 1, 2025.
2. This Decree shall cease to be effective from March 1, 2027 except for the following cases:
a) Ministries and agencies equivalent to ministries shall report to the Government to propose and obtain the National Assembly's decision to extend the application period of this Decree in whole or in part;
b) Laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, resolutions of the Government, decisions of the Prime Minister that specify state management competences, responsibilities, procedures, and formalities as prescribed in this Decree, adopted or issued from July 1, 2025 and become effective before March 1, 2027, then the corresponding provisions in this Decree shall cease to be effective at the time these legal regulations come into effect.
3. During the period when the provisions of this Decree are effective, if the provisions on state management competences, responsibilities, procedures, and formalities in this Decree differ from those in related legal regulations, they shall be implemented according to the provisions of this Decree.
Article 22. Transitional provisions
1. Forms and templates issued together with the Decrees specified in this Decree shall be adjusted and used according to the authority of the agencies and organizations assigned in this Decree.
2. For tasks and competences with administrative procedures, agencies, organizations, and individuals receiving such tasks and competences when performing two-level local administration shall implement administrative procedures as with current administrative procedures, except where specifically provided for in this Decree. Based on current administrative procedures, the People's Committee of the province may specify them appropriately according to local conditions, but must ensure that they do not increase the components of the dossier, deadlines, or costs for handling administrative procedures.
3. Matters and tasks currently being handled and resolved by the People's Committee of the district and specialized agencies under the People's Committee of the district shall be transferred to the People's Committee of the commune for continued handling and resolution within the scope of the territory of the people and businesses, according to the competences and responsibilities prescribed in this Decree. The Chairman of the People's Committee of the province shall be responsible for guiding and coordinating this task.
4. Documents and papers issued by competent authorities prior to the effective date of this Decree and which have not yet expired or reached their term shall continue to be applied and used until their expiration date as stated on the documents. In cases where organizations or individuals require amendments or reissuance of documents, they shall submit a request in writing to the authority, organization, unit, or individual with delegated power for resolution.
5. Certain matters within the jurisdiction of the district level that do not generate additional procedures, jurisdiction, or responsibilities when implementing a two-tier local administration shall be updated to serve the purpose of amending and supplementing specific regulatory legal documents related thereto.
6. Matters, tasks, powers, and other procedures within the scope of state management of the Ministry of Industry and Trade not specified in this Decree shall continue to be implemented in accordance with relevant laws.
DEPUTY PRIME MINISTER
DEPUTY PRIME MINISTER
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