Joint Circular No. 16/2011/TTLT-BCT-BNV guiding the functions, tasks, authorities, organizational structure, and staffing of the Industrial Promotion and Advisory Center under the Department of Industry and Trade

JOINT CIRCULAR

||| Guidelines on functions, tasks, powers, organizational structure, and staffing of the Industrial Promotion and Development Advisory Center under the Department of Industry and Trade

of Centre for Promoting Small and Medium Enterprises and Industrial Development

under the Department of Industry and Trade

Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007, issued by the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

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

Pursuant to Decree No. 134/2004/NĐ-CP dated June 9, 2004 of the Government on encouraging rural industrial development;

The Ministry of Industry and Trade and the Ministry of Home Affairs hereby issue guidelines on the functions, tasks, powers, organizational structure, and staffing of the Industrial Promotion and Development Advisory Center under the Department of Industry and Trade, which is established by the People's Committees of provinces and centrally-run cities in accordance with the law.

Article 1. Scope of Regulation

These Circulars provide guidelines on the functions, tasks, powers, organizational structure, and staffing of the Industrial Promotion and Development Advisory Center under the Department of Industry and Trade, which is established by the People's Committees of provinces and centrally-run cities in accordance with the law.

1. Inland waterway port inspection service is the agency implementing specialized state management functions in inland waterway transport at ports, inland waterway wharfs (hereinafter referred to as ports, wharfs), anchorage areas; on channels and routes when assigned by the Minister of Transport to ensure compliance with laws on inland waterway traffic order and safety and environmental protection.

1. The Industrial Promotion and Development Advisory Center (hereinafter referred to as the Center) is a public service unit under the Department of Industry and Trade, having the function of serving state management by the Department regarding industrial promotion activities; providing public services in the field of industrial promotion and development advisory services in accordance with the law.

2. The Center is directly under the management and direction of the Department of Industry and Trade, while also being subject to professional guidance and direction from the Local Industry Department under the Ministry of Industry and Trade.

3. The Center has legal personality, its own seal, office, and separate bank account; it operates under the mechanism of self-management and self-responsibility of a public service unit in accordance with the law.

Article 3. Tasks and Limitations

1. Develop programs, plans, and projects on industrial promotion activities for approval by competent authorities.

2. Implement approved industrial promotion programs, plans, and projects.

3. Organize training or collaborate with other organizations to train human resources for industrial and small-scale industrial development within the province or city.

4. Build, maintain, and utilize electronic data on local rural industry. Promote and disseminate policies and regulatory documents on industrial development and industrial promotion activities at the local level.

5. Organize research, surveys, experience exchanges, competitions, seminars, trade fairs, forums on encouraging local industrial development.

6. Conduct training on industrial promotion expertise and vocational skills for units and individuals involved in industrial promotion activities.

7. Mobilize domestic and foreign organizations and individuals to support funding, facilities, equipment, machinery, scientific and technological resources for implementing industrial promotion programs and projects and participating in voluntary industrial promotion activities at the local level.

8. Provide services and advisory support for local industrial development in areas such as investment incentives; science and technology; production sites; market information; finance and credit; training and capacity building; and other related fields.

9. Implement industrial promotion activities and other industrial promotion policies as prescribed by law.

10. Carry out advisory activities for local industrial and commercial development:

a) Advising on project planning: industrial development master plans; small-scale industrial area planning; power planning; local commerce planning;

b) Advising on construction of industrial and commercial projects and civil works;

c) Advising on mineral exploitation and processing; advising on safety inspections and calibration of drilling equipment and blasting machines used in mining operations and construction using industrial explosives;

d) Advising on energy-efficient usage; clean production, industrial hygiene, food safety; conducting advisory, monitoring, technical review, and assessment activities for projects and other industrial and commercial engineering works in accordance with the law.

11. Carry out investment promotion activities for industrial development; international cooperation in the field of industrial promotion; building and promoting product brands according to industrial promotion programs and projects.

12. Implement regular and ad hoc reporting requirements on the results of the Center’s tasks as requested by the Department of Industry and Trade and the Local Industry Department under the Ministry of Industry and Trade.

13. Propose rewards for organizations and individuals who have made achievements in supporting and encouraging local industrial development.

14. Manage staff, laborers, finances, and assets of the Center in accordance with the law applicable to public service units.

15. Perform other tasks assigned by the Director of the Department of Industry and Trade.

Article 4. Organizational structure and staffing

1. Leadership of the Center:

a) The Center has a Director and no more than two Deputy Directors;

b) The Director is the head of the Center, responsible before the Director of the Department of Industry and Trade and before the law for all activities of the Center;

c) The Deputy Director assists the Director, responsible before the Director of the Center and before the law for the tasks assigned; when the Director is absent, one Deputy Director is authorized by the Director to manage the Center's operations;

d) The appointment of the Director and Deputy Director of the Center is carried out according to the classification of the provincial People's Committee and in accordance with the professional standards and job requirements specified. The removal, dismissal, commendation, disciplinary action, and other benefits for the Director and Deputy Director of the Center are implemented according to the management level of civil servants and officials and in accordance with the provisions of the law.

2. Specialized and operational departments and branches of the Center:

a) The specialized and operational departments of the Center are established in accordance with its functions and tasks, ensuring efficiency, rationality, and effectiveness. Each department has a Head, one Deputy Head, and a number of officials;

b) Branches of the Center are established in one or more district administrative units. A Branch has a Branch Head, one Deputy Branch Head, and a number of officials;

c) Based on the nature, characteristics, requirements, and specific workload of each locality, the Director of the Department of Industry and Trade, in coordination with the Director of the Department of Civil Service Management and Supervision, shall submit to the Chairman of the Provincial People's Committee for the decision to establish specialized and operational departments and branches of the Center;

d) The appointment, removal, and dismissal of Heads, Deputy Heads, Branch Heads, and Deputy Branch Heads of the Center are carried out according to the regulations of the provincial People's Committee.

3. Staffing of the Center

a) The Director of the Center belongs to the civil service staff of public service units;

b) The remaining positions are held by officials, the number of officials is determined based on job positions and decided by the provincial People's Committee in accordance with the functions, tasks, and organizational structure of the Center.

Article 5. On Finance

The Center implements financial mechanisms in accordance with the law on autonomy and responsibility for public service units and in accordance with the regulations of the provincial People's Committee.

Article 6. Effectiveness

This Circular takes effect 45 days from the date of issuance and replaces Circular No. 18/2008/TT-BCT dated December 19, 2008, issued by the Ministry of Industry and Trade guiding the functions, tasks, powers, and organizational structure of the Industrial Promotion and Development Advisory Centers of provinces and centrally-administered cities.

Article 7. Responsibility for Implementation

1. The provincial People's Committees, the Departments of Industry and Trade, the Departments of Civil Service Management and Supervision, the Industrial Promotion and Development Advisory Centers, and related agencies according to their functions and tasks have the responsibility to implement this Joint Circular.

2. During implementation, if there are emerging issues, difficulties, obstacles, or need for amendments and supplements, it is requested that the provincial People's Committees and related agencies promptly report to the Ministry of Industry and Trade for unified consideration and resolution with the Ministry of Civil Service Management and Supervision.