Joint Circular No. 22/2015/TTLT-BCT-BNV guiding the functions, tasks, powers, and organizational structure of specialized agencies for industry and trade under provincial and district People's Committees.

JOINT CIRCULAR

Guidelines on the functions, tasks, powers, and organizational structure of specialized agencies under provincial and district people's committees

of industry and trade under DECREES:people's committee of provincial level, district levelFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.

___________________________

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 58/2014/NĐ-CP dated June 16, 2014, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on the organization of specialized agencies under provincial People's Committees and municipal People's Committees directly under the Central Government;

Pursuant to Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government on the functions, tasks, and powers of Ministries and ministerial-level agencies;

The Minister of Industry and Trade and the Minister of Home Affairs jointly issue this Circular to provide guidelines on the functions, tasks, powers, and organizational structure of specialized agencies under provincial people's committees (hereinafter referred to collectively as provincial people's committees) and under district, town, and provincial city people's committees (hereinafter referred to collectively as district-level people's committees) concerning industry and trade.

PART I

DEPARTMENT OF INDUSTRY AND TRADE

Article 1. Position and Functions

1. The Department of Industry and Trade is a specialized agency under the provincial people's committee; it performs the function of advising and assisting the provincial people's committee in state management over industry and trade, including machinery; metallurgy; electricity; new energy, renewable energy; oil and gas (if applicable); chemicals; industrial explosives; mining and mineral processing industries (excluding construction materials); consumer goods industry; food industry; other processing industries; food safety; commodity circulation within the province; export and import; border trade (if applicable); market management; trade promotion; electronic commerce; commercial services, international economic integration; competition management, anti-dumping; countervailing duties, consumer protection; promoting small and medium enterprises, cluster industry management, supporting industries; managing and organizing the implementation of public services in sectors and fields under the department’s jurisdiction as prescribed by law.

2. The Department of Industry and Trade has legal personality, its own seal and separate bank account; it is subject to the direction and management of the provincial people's committee regarding organization and operation, while also being subject to the direction, inspection, and guidance on professional matters from the Ministry of Industry and Trade.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. Advise and submit to the provincial people's committee:

a) Drafts for long-term plans, five-year plans, and annual plans; programs, projects, measures to implement tasks related to administrative reform in the development of the industry and trade sector within the province;

b) Draft decisions and directives within the authority of the provincial people's committee concerning the industry and trade sector;

c) Specific regulations on the functions, tasks, powers, and organizational structure of the department;

d) Draft regulations on specific conditions, standards, and positions for heads and deputy heads of units under the department; draft regulations on the qualifications for leaders responsible for the industry and trade sector in the Economic Departments or Economic and Infrastructure Departments under district, town, and provincial city people's committees.

2. Advise and submit to the Chairman of the provincial people's committee:

a) Draft decisions on establishing, merging, splitting, or dissolving organizations and units under the department according to the provisions of law;

b) Draft decisions and directives within the authority of the Chairman of the provincial people's committee concerning the industry and trade sector.

3. Guide, organize, and inspect the implementation of legal regulations, policies, plans, projects, and provisions on the development of the industry and trade sector after approval; disseminate information, promote, guide, educate, monitor, and enforce laws in the industry and trade sector.

4. Assist the provincial people's committee in chairing inspections and appraisals of design plans for investment construction projects, quality of works in the industry and trade sector within the province according to the delegated authority; issue, amend, supplement, extend, and revoke licenses and certificates within the department's jurisdiction according to the law, delegation, or authorization of the provincial people's committee.

5. On industry and small-scale handicraft industry

a) On machinery and metallurgy:

Implement planning, programs, policies for the development of the machinery industry, the metallurgical industry, key mechanical and electromechanical products, high-tech products combining mechanical technology, automation, and industrial electronics in the province.

b) On supporting industry:

Implement planning, programs, mechanisms, and policies for the development of supporting industries in the province.

c) On power, new energy, renewable energy, and energy use efficiency:

Implement planning, programs for power development, application of new and renewable energy, and efficient energy use in the province;

Organize training on legal knowledge about power activities and electricity usage for power units in the province; train and enhance professional skills, electrical safety for technical staff in rural, mountainous, and island areas' power management organizations;

Implement approved electricity pricing schemes in the province after approval by competent authorities.

d) On mining and mineral processing industries (excluding construction materials and cement production):

||| Take the lead and coordinate with relevant sectors to organize the implementation of exploration, exploitation, processing, and utilization planning for various types of minerals after approval according to authority;

Guide and inspect the implementation of technical and economic standards, technological processes, and occupational health and safety in mining and mineral processing in the province.

đ) On chemicals, industrial explosives, and equipment with strict technical safety requirements and environmental protection:

Implement planning, programs, and policies for the development of the chemical industry, industrial explosives, and equipment with strict technical safety requirements in the province;

Take the lead and coordinate with relevant provincial agencies to inspect and handle violations of laws on management, use, storage, trading, and transportation of chemicals, industrial explosives, petroleum products, liquefied petroleum gas, and equipment with strict technical safety requirements as prescribed by law;

Implement environmental management contents in the industry and trade sector according to the law; implement planning and policies for the development of the environmental industry.

e) On food safety, consumer goods industry, food industry, and other processing industries:

Implement the planning, programs, and policies for the development of industries after approval, including: Textile - garment, leather - footwear, paper, ceramics, glass, plastic, alcohol, beer, beverages, processed milk products, vegetable oil, starch-based products, baked goods, preserves, candies, packaging containers, and other products.

Guide and inspect the implementation of product quality standards, industrial hygiene and safety, and environmental standards; food safety from production, processing, storage, transportation, and retail stages for types of alcohol, beer, beverages, processed milk products, vegetable oil, starch-based products, baked goods, preserves, candies, packaging containers, and other products; food safety at markets, supermarkets, and food storage and distribution facilities under the management of the department.

Guide and inspect the implementation of regulations to prevent counterfeit food and commercial fraud on the market for all types of food, food additives, food processing aids, food packaging tools and materials within the scope of management of the department.

g) Regarding Industrial Promotion:

Take the lead in advising the provincial People's Committee to manage state administration over industrial promotion activities.

Implement programs, plans, and projects for industrial promotion at the local level using both national and local industrial promotion funds.

Guide organizations and individuals in implementing local industrial promotion projects; provide training, support, and address issues related to local industrial promotion activities according to the law.

Conduct comprehensive work, report, and provide relevant information and materials; inspect, evaluate, monitor the implementation of industrial promotion projects, plans, and programs within the province.

h) Regarding Industrial Clusters:

Advise the provincial People's Committee to manage state administration over industrial clusters within the province according to the law.

Lead in developing planning, programs, policies for the development of industrial clusters and organize their implementation after approval by the provincial People's Committee.

Review applications for establishing and expanding industrial clusters, Industrial Cluster Development Centers; participate in opinions on the design of infrastructure construction projects and construction projects within industrial clusters according to the law.

Implement preferential mechanisms and policies for attracting investment, import-export, tax, finance, labor, and infrastructure construction, land clearance, relocation of production facilities, and new construction of industrial clusters within the province.

Monitor, inspect, evaluate, and compile reports on the planning, construction of infrastructure, and operations of industrial clusters within the province.

i) Regarding Small and Medium Enterprises:

Lead and coordinate with relevant agencies to implement programs, projects, policies, and plans for the development of small and medium-sized enterprises and collective economic organizations within the province (including rural industries, craft villages, cooperatives in the industry-commerce sector).

6. Regarding Trade:

a) Domestic Trade:

Organize the implementation of planning, programs, and policies for managing the network of wholesale and retail trade infrastructure, including: various types of markets, commercial centers, supermarket systems, store systems, cooperative trade services; agency trade systems, franchising trade, logistics centers, and other forms of trade infrastructure according to the law.

Lead and coordinate with relevant agencies to guide and implement policies encouraging expansion of business networks, development of organizational linkages for commodity circulation, and formation of stable channels from production to consumption within the province.

Guide and inspect the implementation of regulations on prohibited, restricted goods, and conditional business licenses for items such as tobacco, alcohol, gasoline, liquefied petroleum gas, and other goods and services within the province according to the law and the division of management by the Ministry of Industry and Trade.

Implement preferential, encouraging, and supporting policies for the development of production, business, and people's livelihoods in border areas, mountainous regions, islands, and ethnic minority areas within the province (such as providing essential goods, supporting commodity circulation and trade services...).

Organize the regulation of commodity circulation, ensuring balance between supply and demand for essential commodities, ensuring quality and food safety, stabilizing and promoting the development of the domestic market;

Compile and process market information within the province regarding total commodity turnover, supply and demand, reserve levels, and price fluctuations of essential goods and policy goods for border areas, mountainous regions, islands, and ethnic minorities. Propose solutions to regulate commodity circulation during each period to the competent authority.

b) Regarding Import-Export:

Organize the implementation of mechanisms, policies, plans, programs, and projects for the development and promotion of exports; development of export-import services within the province.

Manage the import-export activities of domestic enterprises, foreign-invested enterprises, and non-resident traders; activities of foreign trader offices and branches within the province.

c) Regarding Border Trade (for provinces with borders):

Organize the implementation of policies for the development of border trade within the province.

Guide and inspect the implementation of regulations on trading methods, border trade, mountainous, island, and ethnic minority trade within the province.

Guide and inspect the implementation of regulations on food safety management for trading businesses and goods crossing the border according to the law.

Summarize the operation situation of border economic zones and gate management boards; propose amendments and supplements to policies and measures to promote border trade in accordance with actual conditions in the locality.

d) On electronic commerce:

Advise on the development and implementation of mechanisms, policies, programs, plans for electronic commerce to develop infrastructure for electronic commerce applications, develop human resources for managing electronic commerce, and support organizations and individuals in applying electronic commerce within the province.

Carry out other state management tasks related to electronic commerce as prescribed by law and delegated by the Ministry of Industry and Trade;

d) On market management:

Implement market management work within the province in accordance with the law.

Guide and inspect the implementation of laws in the field of industry and trade by organizations and individuals operating within the province; conduct specialized inspections according to the provisions of the law.

Take the lead and coordinate with relevant agencies to combat speculative activities, smuggling, commercial fraud, sales of counterfeit and substandard goods; protect intellectual property rights, food safety, and other illegal business activities contrary to the law.

e) On trade promotion:

Implement programs, plans, and projects for trade promotion to boost exports and assist enterprises within the province in building and developing Vietnamese brand products.

Organize and supervise the registration of trade fairs, exhibitions, and promotional activities for merchants.

g) On competition, anti-dumping, countervailing duties, and safeguard measures:

Guide the implementation of legal provisions on competition, anti-dumping, countervailing duties, and safeguard measures within the province.

Identify and recommend relevant authorities to resolve, within their jurisdiction, issues related to regulations that are inconsistent with competition, anti-dumping, countervailing duties, and safeguard measures laws.

Serve as the main point of contact to support local exporting enterprises in responding to foreign anti-dumping, countervailing duty, and safeguard cases.

Manage multi-level marketing activities in accordance with the law.

h) On consumer protection:

Issue or submit to the provincial People's Committee for issuance and implementation of normative legal documents on consumer protection at the local level.

Promote and educate the public about consumer protection laws; provide advice and support to enhance awareness of consumer rights protection at the local level.

Monitor standard form contracts and general terms of transactions at the local level in accordance with consumer protection laws.

Supervise the activities of social organizations and dispute resolution bodies between consumers and businesses at the local level.

Publicly announce the list of organizations and individuals operating goods and services that violate consumer rights within its jurisdiction;

Conduct inspections, handle complaints and accusations, and address violations of consumer rights within the scope of authority.

i) On economic integration:

Implement specific plans, programs, and measures for international economic integration within the province after approval;

Lead and coordinate with relevant agencies to promote, disseminate, and guide the implementation of plans, programs, and regulations on international economic integration at the local level.

7. Organize the implementation and be responsible for certification, registration, issuing licenses, certificates, and certifications within the scope of management of the department in accordance with the law and assignments or delegations from the provincial People's Committee.

8. Manage, monitor, encourage, and support enterprises, collective economic organizations, private economic organizations, associations, and non-governmental organizations under the management of the department within the province in accordance with the law.

9. Guide and inspect the implementation of self-management and self-responsibility mechanisms of public service units under the management of the department in accordance with the law.

10. Implement international cooperation in the field of industry and trade according to assignments or delegations from the provincial People's Committee.

11. Provide professional guidance to Economic Departments or Economic and Infrastructure Departments under the district People's Committees within the scope of industry and trade.

12. Implement research, application of scientific and technological progress in industry and trade within the scope of management of the department; guide the implementation of standards, technical norms, economic-technical quotas, product quality; establish information storage systems to serve state administration and professional tasks; implement policies, programs, plans, and projects to build and develop rural electricity networks and markets within communes in the province, evaluate and recognize communes meeting criteria for electricity and markets under the national target program for new rural construction.

13. Implement the administrative reform program of the department in accordance with the goals and content of the provincial People's Committee's administrative reform program.

14. Inspect and audit within the assigned sector, field of management for organizations and individuals operating in the field of industry and trade; resolve complaints and accusations, prevent and combat corruption according to the law and assignments or delegations from the provincial People's Committee.

15. Manage and organize the provision of public services in the field of industry and trade within the scope of management of the department in accordance with the law.

16. Specify the functions, tasks, powers, and working relationships of public service units under the management of the department in accordance with the functions, tasks, and powers of the department, following the guidelines of the Ministry of Industry and Trade, the Ministry of Home Affairs, and the regulations of the provincial People's Committee.

17. Manage organizational structures, job positions, civil servant staffing, and the number of employees, professional structure of staff in public service units under the department; implement salary systems and incentive policies, training, commendation, and disciplinary measures for civil servants, staff, and workers under the management of the department in accordance with the law and assignments or delegations from the provincial People's Committee.

18. Manage, in accordance with the law, enterprises, collective economic organizations, private economic organizations, associations, and non-governmental organizations operating in the field of industry and trade at the local level.

19. Manage and be responsible for the financial resources allocated in accordance with the provisions of the law and pursuant to the division of labor or delegation by the provincial People's Committee.

20. Compile information and submit periodic reports every six months or ad hoc reports on the implementation of assigned tasks to the provincial People's Committee and the Ministry of Industry and Trade.

21. Perform other tasks assigned by the People's Committee, the Chairman of the provincial People's Committee, and as stipulated by the law.

đ) Based on the regulations on the delegation of organizational and cadre management, the Director of the Department decides or submits to the competent authority for decisions regarding the appointment and dismissal of heads and deputy heads of units under the Department according to the position standards set by the provincial people's committee;

1. Leadership of the Department

a) The Department of Industry and Trade has a Director and not more than three Deputy Directors;

b) The Director of the Department is the head of the Department, accountable to the People's Committee, the Chairman of the provincial People's Committee, and before the law in the performance of state management functions, tasks, and authorities in the field of industry and trade within the province and other tasks delegated or authorized by the People's Committee, the Chairman of the provincial People's Committee;

The Director of the Department appoints and dismisses the heads and deputy heads of organizations under and subordinate to the Department according to the position standards issued by the provincial People's Committee;

The Director of the Department is responsible for reporting to the People's Committee, the Chairman of the provincial People's Committee, and the Ministry of Industry and Trade on the organization and activities of the Department; report work to the People's Council and the provincial People's Committee when required; provide necessary documents upon request of the provincial People's Council; respond to citizens' petitions and questions from People's Council representatives regarding issues within the scope of industry and trade; coordinate with other Department Directors, heads of political-social organizations, and related agencies in performing the Department's tasks;

c) Deputy Directors assist the Director in directing certain aspects of work and are accountable to the Director and before the law for the tasks assigned. In the absence of the Director, one Deputy Director may be delegated by the Director to oversee the Department's operations;

d) The appointment of the Director and Deputy Directors of the Department is decided by the Chairman of the provincial People's Committee based on the position standards issued by the Ministry of Industry and Trade, in accordance with relevant laws. The dismissal, demotion, commendation, disciplinary actions, and other policies for the Director and Deputy Directors are implemented in accordance with the law;

đ) The Director and Deputy Directors of the Department shall not concurrently hold the positions of Heads of subordinate organizations with legal personality (except where higher legal documents provide otherwise).

2. Advisory and specialized organizations

a) Office;

In cases where the Department of Finance has fewer specialized departments than those listed above, the provincial people's committee decides on adjustments to the names and functions of the departments to ensure comprehensive coverage of all areas under management and compliance with legal provisions.

c) Planning-Finance-Summary Office;

d) Industrial Management Office;

đ) Commercial Management Office;

e) Safety-Environment Technical Office;

g) Energy Management Office;

h) Investment and International Cooperation Management Office or Import-Export Management Office (if applicable);

i) Market Management Agency (the functions, tasks, authorities, and organizational structure of the Market Management Agency are carried out in accordance with the Circulars of the Ministry of Industry and Trade and the Ministry of Home Affairs).

3. Public Service Units

a) Center for Promoting Industry and Consulting for Industrial Development;

b) Trade Promotion Center (only established if there is no Investment-Trade and Tourism Promotion Center under the provincial People's Committee, directly under the Central Government).

The appointment, dismissal, transfer, commendation, disciplinary action, resignation, retirement, and implementation of policies for the heads and deputy heads of units under and subordinate to the Department are decided by the Director of the Department of Industry and Trade in accordance with the law.

4. Civil Servant Establishment and Number of Staff (Public Service Establishment)

a) The establishment of civil servants and public service staff of the Department of Industry and Trade is allocated based on job positions linked to functions, tasks, scope of operation, and within the total establishment of civil servants and public service staff in administrative agencies, organizations, and public service units of the province, directly under the Central Government, as granted or approved by the competent authority.

b) Based on functions, tasks, organizational structure, and the list of job positions approved by the competent authority, the Department of Industry and Trade annually develops plans for the establishment of civil servants and public service staff to be submitted to the provincial People's Committee for review and decision by the competent authority in accordance with the law.

Chapter II

INDUSTRY AND TRADE SPECIALIZED AGENCY

UNDER THE PROVINCE PEOPLE'S COMMITTEE

1. The position and functions of the Social and Cultural Department shall be carried out in accordance with Article 11 of Decree No. 150/2025/NĐ-CP.

1. The Economic Department or the Economic and Infrastructure Department under the People's Committee of the district is the specialized agency responsible for advising and assisting the district People's Committee in implementing state management in the field of industry and trade at the local level (for other fields managed by corresponding ministries, guidance is provided by the respective ministries).

2. The Economic Department or the Economic and Infrastructure Department (hereinafter referred to as the department) operates under the organizational and operational management of the district People's Committee, while also being directed, inspected, and guided professionally by the Department of Industry and Trade and related sectoral departments.

Article 5. Tasks and Powers

1. Submit draft decisions, directives; long-term, five-year, and annual plans for industrial and commercial development in the area; programs and measures to implement administrative reform tasks in the field of industry and trade to the district People's Committee.

2. Submit draft documents in the field of industry and trade within the authority of the district People's Committee Chairman to the district People's Committee Chairman.

3. Assist the district People's Committee in implementing and be responsible for the examination, registration, issuance of various types of permits within the scope of responsibility and authority of the department as prescribed by law and as assigned by the district People's Committee.

4. Assist the district People's Committee in managing state economic organizations, private enterprises; guide and inspect the activities of associations and non-governmental organizations in the field of industry and trade within the area as prescribed by law.

5. Implement legal documents, plans, and programs after approval; disseminate, popularize, educate, and monitor the enforcement of laws in the field of industry and trade.

6. Provide professional guidance on state management in the field of industry and trade to commune-level civil servants.

7. Organize the application of scientific and technological progress; build information systems and archives to serve management and professional tasks of the department.

8. Implement information dissemination and regular and urgent reporting on the implementation of assigned tasks in accordance with the regulations of the People's Committee at the district level and the Department of Industry and Trade.

9. Organize, guide, and implement policies to encourage collective economic organizations and private enterprises to invest in developing industry and expanding production and business activities; organize advisory services for technology transfer, information provision, trade promotion, and human resource training for production and business establishments within the industrial and commercial sector.

10. Advise and assist the People's Committee at the district level in managing state administration over industrial clusters within the district; participate in planning the development of industrial clusters within the district; establish and prepare files for the establishment, expansion, and supplementation of plans for industrial clusters within the district; develop detailed plans, investment projects, and organize the implementation of construction of industrial clusters within the district after approval by competent authorities.

11. Take the lead and coordinate with relevant agencies to inspect and audit the enforcement of laws concerning industrial and commercial activities within the area; resolve complaints and denunciations; prevent corruption and waste in industrial and commercial activities within the area in accordance with the law and the delegation of the People's Committee at the district level.

12. Manage the organizational structure, job positions, civil servant quotas, civil service grade structures, implement salary systems, policies, incentives, rewards, disciplinary measures, and professional training and development for civil servants under the department in accordance with the law and the division of labor or delegation by the People's Committee at the district level.

13. Manage and be responsible for the financial and asset affairs of the department in accordance with the law and directives from the People's Committee at the district level.

14. Perform other tasks assigned by the People's Committee or the Chairman of the People's Committee at the district level in accordance with the law.

Article 6. Organization and Civil Servant Quotas

1. The Economic Department or the Economic and Infrastructure Department (hereinafter referred to collectively as the Department) shall have a Head of Department, not more than two Deputy Heads of Department, and specialized and professional civil servants.

a) The Head of Department is responsible before the People's Committee, the Chairman of the People's Committee at the district level, and the law for the performance of the functions, duties, and powers of the Department; has the responsibility to report work to the People's Council and the People's Committee at the district level;

b) The Deputy Head of Department assists the Head of Department in handling certain aspects of work and is responsible to the Head of Department for the tasks assigned. When the Head of Department is absent, one Deputy Head of Department may be delegated by the Head of Department to manage the operations of the Department;

c) The appointment of the Head of Department and Deputy Heads of Department is decided by the Chairman of the People's Committee at the district level based on the position criteria established by the Director of the Department of Industry and Trade and promulgated by the People's Committee at the provincial level according to the provisions of the law. The removal, transfer, commendation, disciplinary action, resignation, retirement, and implementation of policies for the Head of Department and Deputy Heads of Department are decided by the Chairman of the People's Committee at the district level in accordance with the law.

2. Specialized and professional civil servants are allocated to positions approved by the competent authority in accordance with the specialty and field within the functions and duties of the Department.

3. The civil servant quota of the Department is determined by the Chairman of the People's Committee at the district level within the total civil servant quota of the district.

Chapter III

IMPLEMENTATION

Article 7. Effective Date

This Circular takes effect from August 14, 2015, and replaces Circular Jointly Issued 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, duties, powers, and organizational structure of specialized agencies under the provincial and district-level People's Committees in the industrial and commercial sector.

Article 8. Responsibility for Implementation

1. The People's Committee at the provincial level shall specify the tasks, powers, and organizational structure of the Department of Industry and Trade and guide the People's Committee at the district level to specify the tasks and powers of the Economic Department or the Economic and Infrastructure Department regarding the industrial and commercial sector.

Based on the characteristics of socio-economic development and the requirements of state management in the locality, the People's Committee at the provincial level decides whether to establish subordinate public service units under the department, ensuring compliance with Decree No. 55/2012/NĐ-CP dated June 28, 2012, of the Government on the establishment, restructuring, and dissolution of public service units.

2. The Chairman of the People's Committee at the provincial level is responsible for organizing and implementing this Circular.

3. During the implementation process, if there are emerging issues or difficulties, the People's Committee at the provincial level shall promptly reflect them to the Ministry of Industry and Trade and the Ministry of Home Affairs for consideration and resolution within their jurisdiction./.