Decree No. 189/2007/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade

DECREE

Regulations on the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

BASED ON THE GOVERNMENT DECREE NO. 178/2007/NĐ-CP OF DECEMBER 3, 2007, DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF MINISTRIES AND MINISTRY-EQUIVALENT BODIES;

CONSIDERING THE PROPOSAL OF THE MINISTER OF INDUSTRY AND TRADE AND THE MINISTER OF HOME AFFAIRS;,

DECREE:

Article 1. Position and Functions

THE MINISTRY OF INDUSTRY AND TRADE IS AN AGENCY OF THE GOVERNMENT, PERFORMING THE FUNCTION OF STATE MANAGEMENT IN INDUSTRY AND COMMERCE, INCLUDING SECTORS AND FIELDS SUCH AS MECHANICAL ENGINEERING, METALLURGY, ELECTRICITY, NEW RENEWABLE ENERGY, OIL AND GAS, CHEMICALS, INDUSTRIAL EXPLOSIVES, MINERAL EXPLORATION AND PROCESSING, CONSUMER GOODS INDUSTRY, FOOD INDUSTRY, OTHER PROCESSING INDUSTRIES, DOMESTIC COMMODITY DISTRIBUTION; IMPORT AND EXPORT, MARKET MANAGEMENT, TRADE PROMOTION, E-COMMERCE, COMMERCIAL SERVICES, INTERNATIONAL ECONOMIC AND TRADE INTEGRATION, COMPETITION MANAGEMENT, MONOPOLY CONTROL, IMPLEMENTATION OF SELF-DEFENSE MEASURES, ANTI-DUMPING, ANTI-SUBSIDY, CONSUMER RIGHTS PROTECTION; STATE MANAGEMENT OF PUBLIC SERVICES IN SECTORS AND FIELDS UNDER THE STATE MANAGEMENT OF THE MINISTRY.

Article 2. Tasks and Powers

THE MINISTRY OF INDUSTRY AND TRADE PERFORMS TASKS AND POWERS AS PROVIDED FOR IN THE GOVERNMENT DECREE NO. 178/2007/NĐ-CP OF DECEMBER 3, 2007, DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF MINISTRIES AND MINISTRY-EQUIVALENT BODIES, AND THE FOLLOWING SPECIFIC TASKS AND POWERS:

1. SUBMIT TO THE GOVERNMENT PROJECTS OF LAWS AND ORDINANCES, DRAFT RESOLUTIONS, DECREES, POLICIES, AND OTHER LEGAL REGULATIONS ON SECTORS AND FIELDS UNDER THE STATE MANAGEMENT OF THE MINISTRY, ACCORDING TO THE ASSIGNMENTS OF THE GOVERNMENT AND THE PRIME MINISTER.

2. SUBMIT TO THE PRIME MINISTER FOR APPROVAL AND ORGANIZE THE IMPLEMENTATION OF STRATEGIES, PLANS FOR OVERALL DEVELOPMENT; STRATEGIES, PLANS FOR SECTORS AND FIELDS; REGIONAL AND TERRITORIAL PLANS, NATIONAL TARGET PROGRAMMES, TECHNICAL AND ECONOMIC PROGRAMMES, IMPORTANT PROJECTS, AND OTHER LEGAL REGULATIONS WITHIN THE SECTORS AND FIELDS MANAGED BY THE MINISTRY.

3. APPROVE STRATEGIES, PLANS, AND DEVELOPMENT PROGRAMMES FOR SECTORS AND FIELDS UNDER THE STATE MANAGEMENT OF THE MINISTRY, REGIONS, AND TERRITORIES ACCORDING TO THE DELEGATION AND AUTHORIZATION OF THE GOVERNMENT AND THE PRIME MINISTER.

4. ISSUE DECISIONS, DIRECTIVES, CIRCULARS; DIRECT, GUIDE, INSPECT, AND ORGANIZE THE IMPLEMENTATION OF LEGAL REGULATIONS WITHIN THE SCOPE OF THE MINISTRY'S MANAGEMENT; PROVIDE INFORMATION, SPREAD, DISSEMINATE, AND EDUCATE THE PUBLIC ABOUT INDUSTRY AND COMMERCE LAWS.

5. DEVELOP STANDARDS, ISSUE PROCEDURES, STANDARDS, AND ECONOMIC-TECHNICAL QUOTAS IN SECTORS AND FIELDS UNDER THE STATE MANAGEMENT OF THE MINISTRY; ORGANIZE MANAGEMENT, GUIDANCE, AND INSPECTION OF BUSINESS OPERATIONS WITH CONDITIONS IN THE INDUSTRY AND COMMERCE SECTORS ACCORDING TO THE LIST ESTABLISHED BY THE GOVERNMENT AND THE PRIME MINISTER.

6. LEAD THE REVIEW OR APPROVAL, INSPECTION, AND SUPERVISION OF THE IMPLEMENTATION OF INVESTMENT PROJECTS IN THE INDUSTRY AND COMMERCE SECTORS UNDER THE MINISTRY'S MANAGEMENT.

7. REGULATE THE ISSUANCE, AMENDMENT, REVOCATION, AND EXTENSION OF LICENSES FOR ELECTRICITY, CHEMICALS, INDUSTRIAL EXPLOSIVES, TOBACCO PRODUCTS, AND OTHER LICENSES, CERTIFICATES, REGISTRATIONS ACCORDING TO THE LAWS.

8. COOPERATE WITH THE MINISTRY OF FINANCE TO DEVELOP NATIONAL STOCKPILE PLANS FOR PETROLEUM, INDUSTRIAL EXPLOSIVES, COTTON SEEDS, AND OTHER STOCKPILES ACCORDING TO THE GOVERNMENT'S REGULATIONS.

9. REGARDING INDUSTRIAL TECHNICAL SAFETY:

a) MANAGE, DIRECT, INSPECT, AND BE RESPONSIBLE FOR THE IMPLEMENTATION OF TECHNICAL SAFETY WORK IN THE INDUSTRY SECTOR; INDUSTRIAL ENVIRONMENT PROTECTION ACCORDING TO THE LAWS;

b) RECOMMEND THE LIST OF MACHINES, EQUIPMENTS, MATERIALS WITH STRICT REQUIREMENTS FOR LABOR SAFETY IN THE SECTORS AND FIELDS UNDER MANAGEMENT, AND REQUEST THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS TO UNIFORMLY ISSUE THEM;

c) DEVELOP AND ISSUE TESTING PROCEDURES FOR MACHINES AND EQUIPMENTS WITH STRICT REQUIREMENTS FOR LABOR SAFETY UNDER THE STATE MANAGEMENT OF THE MINISTRY AFTER RECEIVING THE REVIEW OPINION FROM THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS;

For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;) DEVELOP AND ISSUE CRITERIA AND CONDITIONS FOR ACTIVITIES OF TESTING ORGANIZATIONS WHEN CARRYING OUT TESTING OF MACHINES AND EQUIPMENTS WITH STRICT REQUIREMENTS FOR LABOR SAFETY UNDER THE STATE MANAGEMENT OF THE MINISTRY AFTER RECEIVING THE REVIEW OPINION FROM THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS;

b) GUIDE, INSPECT, AND AUDIT THE IMPLEMENTATION OF LAWS ON SAFETY FOR MACHINES, EQUIPMENTS, AND MATERIALS WITH STRICT REQUIREMENTS FOR LABOR SAFETY.

10. REGARDING MECHANICAL ENGINEERING AND METALLURGY:

DIRECT AND INSPECT THE IMPLEMENTATION OF STRATEGIES, PLANS, POLICIES FOR THE DEVELOPMENT OF THE MECHANICAL ENGINEERING SECTOR AND THE METALLURGY SECTOR, DEVELOPMENT OF KEY MECHANICAL AND MECHATRONICS PRODUCTS, HIGH TECHNOLOGY CONTENT PRODUCTS, COMBINING MECHANICAL ENGINEERING, AUTOMATION, AND INDUSTRIAL ELECTRONICS.

11. REGARDING ELECTRICITY, NEW ENERGY, AND RENEWABLE ENERGY:

a) APPROVE THE DEVELOPMENT PLAN FOR ELECTRICITY IN PROVINCES AND CENTRALLY-GOVERNED CITIES; ANNOUNCE THE LIST OF ELECTRICITY PROJECTS IN THE DEVELOPMENT PLAN FOR INVESTMENT AND CONSTRUCTION AND MANAGE THE IMPLEMENTATION;

b) Approve the cascade hydropower planning, new energy, and renewable energy planning;

c) ORGANIZE AND IMPLEMENT TASKS RELATED TO NUCLEAR POWER, NEW ENERGY, AND RENEWABLE ENERGY;

d) ISSUE REGULATIONS ON THE ESTABLISHMENT, REVIEW, COLLECTING OPINIONS, AND APPROVING RETAIL ELECTRICITY PRICES.

12. Regarding oil and gas:

a) Approve early oil and gas exploitation plans at fields;

b) Decide to reclaim fields if contractors fail to develop and exploit oil and gas within the approved time frame;

c) Decide to permit flaring of associated gas;

d) SUMMARIZE, MONITOR, AND REPORT ON THE DEVELOPMENT SITUATION AND RESULTS OF OIL AND GAS EXPLORATION, EXTRACTION, CONSUMPTION, AND EXPORT. a) DEVELOP AND SUBMIT TO AUTHORITIES FOR ENFORCEMENT OR ENFORCE THEMSELVES WITHIN THEIR AUTHORITY LEGAL REGULATIONS ON THE MINERAL EXPLORATION AND PROCESSING INDUSTRY;

13. Regarding the mining industry and mineral processing (excluding construction materials and cement production):

b) DIRECT AND IMPLEMENT PLANNING, EXTRACTION, PROCESSING, AND USE OF MINERALS AFTER APPROVAL;

c) ORGANIZE AND DIRECT GUIDANCE, INSPECTION, AND SUPERVISION OF THE IMPLEMENTATION OF STANDARDS, ECONOMIC-TECHNICAL QUOTAS, TECHNOLOGIES, HEALTH AND ENVIRONMENTAL SAFETY IN MINERAL EXPLORATION AND PROCESSING;

d) ORGANIZE THE REVIEW OF THE FOUNDATION DESIGN OF PROJECTS FOR MINERAL EXPLORATION AND PROCESSING INVESTMENTS;

đ) ISSUE THE LIST, CONDITIONS, AND STANDARDS FOR PROHIBITED AND RESTRICTED MINERAL EXPORTS ACCORDING TO THE LAWS.

đ) Issue the list, conditions, and criteria for minerals prohibited from export and minerals subject to restricted export as prescribed by law.

14. Regarding chemicals and industrial explosives:

a) Monitor, direct, and guide inspections and compile the situation of chemical industry development;

b) Publish the list of prohibited and restricted industrial explosives; inspect the implementation of regulations on the production, import, supply, and use of industrial explosives.

15. Regarding consumer industry, food industry, and other processing industries:

a) Inspect and supervise investment for projects in the consumer industry and food industry according to the provisions of the law;

b) Direct and inspect the organization of implementing strategies, plans, policies, and development programs for the consumer industry and food industry;

c) Guide and inspect the implementation of technical standards and quality standards for industrial products, industrial hygiene and environmental safety, food hygiene and safety from the stage of importing raw materials for food production and processing under the management of the Ministry until they are brought to the domestic market and exported.

16. Regarding the development of local industry and trade:

a) Develop and submit to competent authorities for issuance, or issue within their authority, mechanisms, policies, strategies, plans, and development programs for local industry;

b) Summarize the development of local industry and manage industrial clusters and enterprises at the district level;

c) Guide, inspect, and supervise the implementation of sectoral and regional planning in the field of industry and trade throughout the country;

d) Issue incentive mechanisms and support policies to guide the development of local industry and trade under the management of the Ministry;

đ) Organize the dissemination of experience in production, management, science and technology, investment, training, information provision, exhibitions, trade fairs, and product promotion for local industrial and commercial establishments;

e) Build programs, plans, and manage national handicraft promotion funds.

17. Regarding domestic goods circulation and export-import:

a) Implement mechanisms and policies for developing domestic trade, exports, imports, border trade, domestic goods circulation, ensuring essential goods for mountainous areas, islands, and ethnic minorities;

b) Take the lead, coordinate with relevant ministries and sectors to direct and regulate goods circulation during each period, ensuring supply-demand balance, trade balance, stable development of the goods market, especially essential goods;

c) Uniformly manage exports; imports; temporary imports for re-export; temporary exports for re-import; transshipment; transit goods; agency activities; agency exports and imports; brokerage services; processing; border trade, and domestic goods circulation; d) Issue regulations on trading services and distribution services from abroad into Vietnam and from Vietnam to foreign countries;

đ) Manage the activities of foreign traders' offices and branches in Vietnam according to the provisions of the law;

e) Summarize the situation, plans for exports, imports, goods circulation, and trading services

throughout the country. 18. Regarding electronic commerce:

a) Lead and coordinate with relevant ministries and sectors to build, direct, and inspect the implementation of strategies, plans, programs, and policies for the development of electronic commerce;

b) Lead international cooperation on electronic commerce; sign or participate in international agreements related to electronic commerce.

a) Direct market management nationwide; guide, inspect, and control the implementation of laws on business operations, goods circulation, trading activities on the market, goods, and export-import activities, trading services; handle violations of the law according to the provisions;

19. On market management:

b) Direct and organize inspections and controls over the quality of circulating industrial goods on the market; cooperate with the Ministry of Health to inspect and audit the implementation of laws on food hygiene and safety;

c) Lead and organize coordination among sectors and localities in inspections and controls; combat speculation and market manipulation, smuggling, production and sale of counterfeit and banned goods, trade fraud, and other illegal business activities.

20. Regarding competition management and monopoly control, applying anti-dumping, countervailing measures, and protecting consumer rights:

a) Organize investigations and handle complaints regarding competition cases; manage anti-dumping, countervailing measures, and apply safeguard measures for imported goods into Vietnam; b) Organize the implementation of mechanisms, policies, and provisions for protecting consumer rights according to the law;

c) Lead and coordinate with ministries, sectors, enterprises, and industry associations to handle anti-dumping, countervailing measures, and foreign safeguard measures against Vietnamese exports.

Regarding trade promotion:

a) Lead and coordinate with relevant ministries and sectors to develop annual national trade promotion plans and programs, and direct, organize, guide, and inspect their implementation according to current regulations;

21. b) Guide and inspect the content and conditions for conducting commercial advertising, trade fairs, exhibitions, promotions, displays, and product introductions both domestically and internationally, trademarks according to the law;

c) Manage state budget resources for annual trade promotion activities.

22. Regarding economic and trade integration

internationally:

a) Develop and implement policies and mechanisms for international economic and trade integration; explain, promote, disseminate, guide, inspect, and urge the implementation of Vietnam's international economic integration commitments; b) Summarize, develop proposals, and organize negotiations to sign or join multilateral or regional international trade agreements; negotiate free trade agreements; negotiate economic and trade cooperation agreements and market expansion agreements between Vietnam and countries, blocs of countries, or regions;

c) Represent economic and trade interests

b) Compile, develop plans, and organize negotiations to sign or join multilateral or regional international treaties on trade; negotiate free trade agreements; negotiate economic and trade cooperation agreements and market expansion agreements between Vietnam and other countries, blocs of countries, or territories;

c) Represent economic and trade interests of Vietnam, propose plans and organize the implementation of rights and obligations related to the economy and trade of Vietnam at the World Trade Organization (WTO), the Association of Southeast Asian Nations (ASEAN); the Asia-Pacific Economic Cooperation Forum (APEC); the Asia-Europe Meeting (ASEM) and other international economic forums according to the division of labor by the Prime Minister.

d) Serve as the permanent body for Vietnam's integration into international economic and trade activities.

đ) Serve as the focal point for consolidating, monitoring, and reporting on the use of Official Development Assistance (ODA) and foreign direct investment (FDI) in the industry and trade sectors.; investments in the industry and trade sectors abroad.

23. Manage the commercial activities of Vietnamese organizations and individuals abroad and those of foreigners in Vietnam in accordance with the law; manage and direct the operations of trade offices, trade promotion organizations, and product introduction centers abroad that involve state agencies.

24. Collect, compile, analyze, process, and provide economic, industrial, trade, market, and trader information both domestically and internationally to serve the Party and State agencies and economic organizations.

25. Implement international cooperation in industries and trades under the management of the Ministry in accordance with the law.

26. Organize and direct the implementation of research and application plans for scientific and technological progress in industries and trades under the management of the Ministry, including:

a) Enact technical barriers and manage activities related to technical barrier questions and answers in industries and fields under the national management of the Ministry;

b) Organize the implementation of scientific and technological research programs from the state budget according to long-term and annual plans in the industry and trade sectors;

c) Uniformly manage, guide, and inspect the economical and reasonable exploitation of energy resources and hygiene safety in food processing industries in accordance with the law.

27. Regarding public services:

a) Manage the planning of public service organization networks in industries and fields under the national management of the Ministry;

b) Develop standards, issue procedures, regulations, processes, and economic-technical norms for public service supply activities in the industry and trade sectors;

c) Guide, create conditions, and support organizations in providing public services in accordance with the law.

28. Represent the state ownership interest in enterprises with state capital in industries and trades under the management of the Ministry, including:

a) Build restructuring plans, organizational reforms, and ownership conversion proposals to submit to the Prime Minister for approval and direct the implementation of these plans after approval;

b) Propose to the Prime Minister for the appointment, dismissal, or appointment and dismissal within the authority of leadership and management positions and chief accountants;

c) Approve or propose to the Prime Minister for approval of the Charter of organization and operation.

29. Guide and create conditions for Associations, Chambers of Commerce, and non-governmental organizations (referred to as Associations) to participate in industry activities; organize the collection of opinions from Associations to perfect regulatory management in the industry and trade sectors; inspect the implementation of state regulations concerning Associations.

30. Conduct inspections, handle complaints and denunciations, prevent corruption and malpractice, and enforce legal violations according to the Ministry's state management functions.

31. Decide and direct the implementation of the Ministry's administrative reform program according to the goals and content of the State administrative reform program approved by the Prime Minister.

32. Manage civil servants and officials:

a) Manage specialized civil servant and official ranks under the Ministry's jurisdiction in accordance with the law;

b) Issue professional standards and qualifications for official ranks in fields assigned and delegated to the Ministry after obtaining the opinion of the Ministry of Home Affairs; develop professional standards and qualifications for civil servant ranks in fields assigned and delegated to the Ministry for the Ministry of Home Affairs to issue; issue specific professional qualifications for heads of specialized agencies under the Ministry's management at provincial and centrally-administered city People's Committees;

c) Organize rank advancement examinations and recognize examination results for specialized official ranks in accordance with the law.

33. Manage organizational structures and staffing; direct the implementation of salary systems and incentive policies, rewards, and disciplinary measures for state civil servants and officials under the Ministry's jurisdiction; train, develop, and build a cadre of state civil servants and officials within their authority.

34. Develop the annual budget of the Ministry, coordinate with the Ministry of Finance to establish and consolidate revenue and expenditure budgets by sector and field under the Ministry's jurisdiction for submission to the Government and the National Assembly; manage and organize the settlement of the state budget; perform other tasks related to the state budget, finance, and assets in accordance with the law.

35. Perform other tasks assigned or delegated by the Government or the Prime Minister.

Article 3. Organizational Structure

1. Department of Planning.

2. Department of Finance.

5. Legal Affairs Department;

4. The Legal Affairs Department.

5 . the International Cooperation Department.

6. Ministry Inspectorate.

8. Inspectorate;

8. Department of Science and Technology.

9. Department of Heavy Industry.

10. Department of Energy.

11. Department of Light Industry.

12. Department of Import-Export.

1 3 . Department of Domestic Market.

14. Department of Mountainous Area Trade.

15. Department of Asia-Pacific Market.

16. Department of European Market.

17. Department of American Market.

18. Department of African, West Asian, and South Asian Markets.

19. Department of Multilateral Trade Policy.

20. Department of Commendation and Awards.

21. Electricity Regulatory Authority.

22. Competition Management Authority.

23. Market Management Authority.

24. Trade Promotion Agency.

25. Local Industry Management Authority.

26. Industrial Safety and Environmental Technology Authority.

27. E-commerce and Information Technology Authority.

28. Trade Offices in Countries and Territories.

29. The Ministry of Industry and Trade Representative Office in Ho Chi Minh City.

30. Secretariat of the Competition Council.

31 . Institute of Industry Strategy and Policy Research.

32. Institute for Trade Research.

33. Vietnam Industry Newspaper.

34. Industry Magazine.

35 . Trade Magazine.

36. Central Training and Refresher Course Institute for Industry and Trade Cadres.

Units specified in Clauses 1 to 30 of this Article are organizations assisting the Minister in state management, units specified in Clauses 31 to 36 of this Article are state-owned service units under the Ministry.

The Office of the Ministry, the Inspectorate of the Ministry, the Representative Office of the Ministry in Ho Chi Minh City, and the Departments: Planning, Legal Affairs, Cadre and Civil Service Organization, International Cooperation, Science and Technology, Heavy Industry, Multilateral Trade Policy, Import and Export, Domestic Market, Asia-Pacific Market, European Market, American Market, African Market, West Asia, South Asia, and the Department of Propaganda and Awards shall be organized with divisions.

The Minister of Industry and Trade shall submit to the Prime Minister for approval regulations on the functions, tasks, powers, and organizational structure of the Electricity Regulatory Authority, the Competition Management Authority, the Market Management Authority, permission to establish trade missions in other countries and territories, and issue a list for the remaining public institutions under the Ministry.

Units assisting committees and inter-ministerial organizations shall operate according to the decision of the Prime Minister when establishing such committees and organizations.

Article 4. Effectiveness

This Decree shall take effect fifteen days from the date of publication in the Official Gazette; it abolishes Decree No. 55/2003/NĐ-CP dated May 28, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry, 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, and previous provisions that conflict with this Decree. Previous provisions contrary to this Decree are hereby repealed.

Article 5. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.