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

JOINT CIRCULAR

GUIDELINES ON THE FUNCTIONS, TASKS, POWERS, ORGANIZATIONAL STRUCTURE AND STAFFING OF THE INDUSTRIAL PROMOTION AND INDUSTRIAL DEVELOPMENT ADVISORY CENTER 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 on 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 the development of rural industry;
The Ministry of Industry and Trade and the Ministry of Home Affairs hereby guide the functions, tasks, powers, organizational structure, and staffing of the Industrial Promotion and Industrial Development Advisory Center under the Department of Industry and Trade as follows:

Article 1. Scope of Regulation

This Circular guides the functions, tasks, powers, organizational structure, and staffing of the Industrial Promotion and Industrial Development Advisory Center under the Department of Industry and Trade established by the People's Committees of provinces and centrally-run cities in accordance with the law.

Article 2. Position and Functions

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

2. The Center is directly guided and managed by the Department of Industry and Trade, while also being directed and advised on specialized matters by 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 self-management mechanism of a public service unit in accordance with the law.

Article 3. Tasks and Powers

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 rural industry at the local level. 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 for units and individuals participating in industrial promotion activities.

7. Mobilize domestic and foreign organizations and individuals to support funding, facilities, equipment, machinery, scientific and technological equipment, and participate voluntarily in local industrial promotion activities.

8. Carry out service and advisory activities to support local industrial development in areas such as investment incentives; science and technology; production sites; market information; finance and credit; training and capacity building in management; and other relevant areas.

9. Implement industrial promotion activities and other industrial promotion policies in accordance with the law.

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

a) Advising on project planning: industrial development planning; small-scale industrial development planning; power planning; local commercial planning;

b) Advising on the 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, blasting machines in mining operations 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 activities to promote investment in 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 systems on the results of the Center's tasks as required 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 personnel, 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 not more than two Deputy Directors;

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

c) The Deputy Director assists the Director, responsible to the Director of the Center and to 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 shall be carried out according to the分级制度 of the Provincial People's Committee and in accordance with the professional standards and job qualifications prescribed.

The removal, dismissal, commendation, disciplinary action, and other benefits for the Director and Deputy Director of the Center shall be implemented according to the分级管理 of civil servants and officials and in accordance with the provisions of the law.

2. Specialized Departments and Branches of the Center:

a) Specialized departments of the Center shall be established in accordance with its functions and responsibilities, ensuring efficiency, rationality, and effectiveness. Each department has a Head, one Deputy Head, and a number of officials;

b) Branches of the Center shall be established in one or more district administrative units. A Branch has a Branch Manager, one Deputy Branch Manager, 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 shall take the lead, coordinating with the Director of the Department of Civil Service Management and Supervision to submit to the Chairman of the Provincial People's Committee for the decision to establish specialized departments and branches of the Center;

d) The appointment, removal, and dismissal of Heads, Deputy Heads, Branch Managers, and Deputy Branch Managers of the Center shall be 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 staffing of civil servants in public service units;

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

Article 5. On Finance

The Center implements financial mechanisms in accordance with the law on autonomy and self-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, responsibilities, authorities, and organizational structure of the Industrial Promotion and Development Advisory Centers of provinces and centrally-administered cities.

Article 7. Responsibility for Implementation

1. Provincial People's Committees, centrally-administered city people's committees, Departments of Industry and Trade, Departments of Civil Service Management and Supervision, Industrial Promotion and Development Advisory Centers, and related agencies according to their functions and responsibilities shall be responsible for implementing this Joint Circular.

2. During the implementation process, if there are emerging issues, difficulties, obstacles, or need for amendments and supplements, it is requested that the provincial people's committees, centrally-administered city people's committees, and related agencies and units promptly report to the Ministry of Industry and Trade for unified consideration and resolution with the Ministry of Civil Service Management and Supervision./.