Circular No. 18/2008/TT-BCT guiding the functions, tasks, powers, and organizational structure of Industrial Promotion and Advisory Development Centers at provincial level under centrally governed cities.

CIRCULAR

Guidelines on functions, tasks, authorities, and organizational structure of Industrial Promotion Centers and Industrial Development Advisory Services in provinces and centrally governed cities

và Tổ tư vấn phát triển công nghiệp các tỉnh, thành phố trực thuộc Trung ương

___________________________

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. 134/2004/ND-CP dated June 9, 2004 of the Government on encouraging rural industrial development;

Pursuant to Decree No. 43/2006/ND-CP dated April 25, 2006 of the Government stipulating autonomy and responsibility for performing tasks, organizational structures, staffing, and finance for public service units;

Pursuant to Decision No. 181/2005/QD-TTg dated July 19, 2005 of the Prime Minister on classification and ranking of public service organizations providing public services;.

The Ministry of Industry and Trade issues guidelines on the functions, tasks, authorities, and organizational structure of Industrial Promotion Centers and Industrial Development Advisory Services in provinces and centrally governed cities as follows:

Part I

GENERAL PROVISIONS

This Circular applies to units under the Ministry of Education and Training; departments of education and training, education and training divisions; preschool education institutions, general education institutions, regular education institutions, teacher training colleges, college of education, universities, universities, academies, other educational institutions, and related organizations and individuals (hereinafter referred to collectively as agencies and units).

These Circulars provide guidelines on the functions, tasks, authorities, and organizational structure of Industrial Promotion Centers and Industrial Development Advisory Services under the Department of Industry and Trade in provinces and centrally governed cities (hereinafter referred to as Provincial-level Industrial Promotion and Development Advisory Centers) established by provincial People's Committees pursuant to Joint Circular No. 07/2008/TTLT-BCT-BNV dated May 28, 2008 between the Ministry of Industry and Trade and the Ministry of Home Affairs guiding the functions, tasks, authorities, and organizational structure of specialized agencies under provincial and district People's Committees.

Part II

SPECIFIC PROVISIONS

I. POSITION AND FUNCTIONS

1. Provincial-level Industrial Promotion and Development Advisory Centers are revenue-generating public service units with the function of serving state management in the industry and trade sector at the local level, providing products and services in the field of industrial promotion as prescribed in Decree No. 134/2004/ND-CP and the field of industrial development advisory services.

2. Provincial-level Industrial Promotion and Development Advisory Centers have legal personality, seals, and bank accounts opened at the State Treasury and commercial banks according to the law; they are located in provinces and centrally governed cities, operating under Decree No. 43/2006/ND-CP.

3. Provincial-level Industrial Promotion and Development Advisory Centers are directly and comprehensively managed by the Department of Industry and Trade, while also being directed, guided, and supervised in their professional activities by the Local Industry Department under the Ministry of Industry and Trade, and monitored and supervised by competent state agencies.

II. TASKS AND AUTHORITIES

1. Develop programs, plans, projects, and normative legal documents on industrial promotion within the province, submit them to competent authorities for approval or issuance, and implement them after approval.

2. Issue individual documents and specialized documents within the authority of Provincial-level Industrial Promotion and Development Advisory Centers.

3. Directly carry out industrial promotion activities according to assigned programs, plans, and projects.

4. Organize information dissemination and publicity on policies, normative legal documents on rural industrial development, and industrial promotion activities in the locality.

5. Build, maintain, and utilize electronic data on rural industry at the Center such as: planning for the development of industries and products; rural industrial bases and needs for support; lists of investment projects requiring calls for investment; high-yield projects needing widespread promotion; sources of raw materials - markets, business opportunities for collaboration or product sales...

6. Develop television and radio programs; publications; leaflets, brochures; websites, and other mass media forms to disseminate knowledge, exemplary production and business models, advanced equipment-technology, market information, and other relevant information for industrial and commercial production and business establishments in the locality.

7. Carry out industrial promotion advisory activities including:

a) Preparing investment project proposals for industrial construction, energy, and other projects (including new investments and expansion); environmental pollution treatment projects; cleaner production and efficient energy use;

b) Advising on areas such as marketing, financial management-accounting-production-human resources, product design-quality, packaging, finding production sites, recruiting and training workers, raising capital, applying for investment incentives, quality management-production-sales methods like ISO, GMF, HACCP, and other administrative procedures as prescribed by law, consistent with regional and territorial industrial development planning of each locality;

c) Organizing industrial promotion advisory activities at Provincial-level Industrial Promotion and Development Advisory Centers, advisory points in communes, districts, towns within the province, trade fairs; direct advisory services at enterprises; online advisory services via the Internet, telephone, and other means of communication;

d) Organizing research, survey, and study tours domestically and internationally on activities promoting rural industrial development.

8. Enter into and implement contracts in accordance with the law with organizations and individuals to perform assigned functions and tasks, and be responsible to higher-level management bodies and the law for contracts signed and implemented by the Center.

9. Mobilize organizations and individuals both inside and outside the country to participate voluntarily in industrial promotion activities and provide funding for industrial promotion programs, plans, and projects in the locality.

10. Direct and guide industrial promotion activities at district and commune levels within the province.

11. Carry out industrial development activities including:

a) Providing advice on project preparation: planning for industrial development - small-scale industrial development, industrial zones-clusters-points, trades and crafts in rural areas in the fields of industry-small-scale industry, electricity; urban planning, clusters of residential areas in the province;

b) Providing advice on the construction of industrial projects (including industrial zones-clusters-points, electricity, mining exploitation and processing), commerce, civil works, and rural residential clusters such as: preparing project proposals, economic-technical reports, technical design-construction general estimates; organizing bidding; managing projects, supervising construction;

c) Advise on mineral exploitation and processing; energy use that is efficient and economical; cleaner production and industrial hygiene, food safety;

d) Advise on safety inspections, calibration of drilling equipment, and blasting machines in mining activities and construction using industrial explosives;

12. Carry out investment promotion activities for industry, construction, and brand product promotion;

13. Implement information provision and regular and urgent reporting systems about the situation and results of the Center's tasks according to the requirements of the Department of Industry and Trade under the provincial People's Committee, the Department of Local Industry under the Ministry of Industry and Trade, and competent state agencies;

14. Coordinate with relevant agencies, propose rewards for organizations and individuals who have achieved success in supporting and encouraging the development of rural industry (including recognizing craft villages, artisans, skilled workers, and people who bring crafts back to their localities);

15. Implement international cooperation in the field of promoting industry, consulting on industrial development, and investment promotion;

16. Manage the Center’s assigned financial resources, assets, and civil servants and officers in accordance with the law;

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

III. ORGANIZATION AND STAFFING

1. Classification of Provincial Promotional Industry and Technical Services Centers

The Provincial Promotional Industry and Technical Services Center is a public service organization classified according to Decision No. 181/2005/QĐ-TTg dated July 19, 2005, issued by the Prime Minister, which stipulates the classification and ranking of public service organizations. The specific classification and ranking of the Center are determined by the provincial People's Committee in the Decision establishing the Center;

2. Leadership of the Provincial Promotional Industry and Technical Services Center:

a) The Provincial Promotional Industry and Technical Services Center has a Director and not more than two Deputy Directors. The appointment and removal of the Director and Deputy Directors of the Center are carried out according to regulations and the management level of cadres of the provincial People's Committee and the Director of the Department of Industry and Trade;

b) The appointment of the Director and Deputy Directors of the Provincial Promotional Industry and Technical Services Center must follow the professional standards set by the Ministry of Industry and Trade. Rewards and disciplinary actions for the Director and Deputy Directors of the Center are implemented according to the law;

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

d) The Deputy Director of the Center assists the Director of the Center, oversees one or several areas of work assigned by the Director of the Center, and is responsible before the Director of the Center and the law for the tasks assigned;

3. Organizational Structure of the Provincial Promotional Industry and Technical Services Center, including:

a) Organizations established uniformly across Provincial Promotional Industry and Technical Services Centers, including:

- Administrative Affairs Office;

- Promotion Office;

- Industrial Development Consulting Office;

- Science, Technology, and Information Office.

b) Based on the characteristics, features, and specific requirements of each locality, the Director of the Department of Industry and Trade, in collaboration with the Director of the Department of Civil Service Management, shall submit to the Chairman of the provincial People's Committee for decision the specific names and number of specialized offices of the Provincial Promotional Industry and Technical Services Center;

4. Staffing:

a) The staffing of the Provincial Promotional Industry and Technical Services Center is approved by the provincial People's Committee based on the tasks and scale of promotional industry and industrial development consulting activities at the local level; it is consistent with the organizations established within the Center, but is a minimum of 16 people;

b) Depending on the volume and scale of promotional industry and industrial development consulting work in each locality, the Director of the Provincial Promotional Industry and Technical Services Center has the right to sign labor contracts and build a network of cooperating partners to complete assigned tasks according to the law;

IV. OPERATING FUNDS

The operating funds of the Provincial Promotional Industry and Technical Services Center are formed from the following sources:

1. Regular operational funds to ensure the performance of the assigned functions and tasks of the Provincial Promotional Industry and Technical Services Center according to the regulations of public service units provided annually by the provincial People's Committee or the municipal People's Committee directly under the central government from the local budget;

2. Local promotional industry funds allocated by the competent authority at the local level to implement local promotional industry projects and tasks;

3. National promotional industry funds from contracts to implement national promotional industry projects with the Department of Local Industry under the Ministry of Industry and Trade;

4. Fees, charges, and other income from consulting services for promotional industry, industrial development, and investment promotion activities according to the law;

5. Donations and contributions from domestic and foreign organizations and individuals and other lawful sources of income;

Part III

IMPLEMENTATION

1. This Circular takes effect 15 days after its publication in the Official Gazette;

2. Based on this Circular, the Departments of Industry and Trade shall review, amend, supplement, establish, and submit to the provincial People's Committee for approval the functions, tasks, authorities, and organizational structure of the Provincial Promotional Industry and Technical Services Center;

3. During implementation, if there are emerging issues, difficulties, obstacles, or proposals for amendments and supplements, localities should promptly report to the Ministry of Industry and Trade for research, consideration, and resolution according to their authority./.