Decree No. 29/2004/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Trade

DECREE

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

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Based on Resolution No. 02/2002/QH11 dated August 5, 2002, of the National Assembly of the Socialist Republic of Vietnam, Session I, specifying the list of ministries and ministerial-level agencies of the Government;
Pursuant to Decree No. 86/2002/ND-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;
At the proposal of the Minister of Commerce and the Minister of Interior,

DECREE:

Article 1. Position and Functions

The Ministry of Commerce is an agency of the Government, performing the function of state management over commerce; managing public services and representing the State's ownership interest in enterprises with state capital within the scope of the Ministry's management as prescribed by law.

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;

The Ministry of Commerce performs its tasks and powers as stipulated in Decree No. 86/2002/NĐ-CP dated November 5, 2002, of the Government, prescribing the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, and the following specific tasks and powers:

1. Submit to the Government and the Prime Minister draft laws, ordinances, and draft regulatory legal documents of the Government and the Prime Minister concerning areas under the Ministry’s state management.

2. Submit to the Government and the Prime Minister strategies, plans for development, long-term, five-year, and annual plans, programs, and important projects concerning areas under the Ministry’s state management.

3. Issue decisions, directives, circulars concerning areas under the Ministry’s state management.

4. Direct, guide, inspect, and be responsible for implementing regulatory legal documents, strategies, plans, and information, propaganda, dissemination, and education on laws concerning areas under the Ministry’s state management.

5. Regarding domestic circulation of goods and exports, imports:

a) Uniformly manage state activities related to exports, imports, domestic circulation of goods, and trade services.

b) Submit to the Government and the Prime Minister for issuance or issue according to their authority mechanisms and policies for developing domestic trade, exports, imports, border trade, domestic circulation of goods, and trade services, traders, goods for sale, ensuring essential goods for mountainous regions and ethnic minorities; organize and guide implementation of these mechanisms and policies after issuance.

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

d) Manage the issuance of various certificates for exported, imported, and domestically circulated goods, and business and trade service activities of traders in accordance with the law and international treaties to which the Socialist Republic of Vietnam is a party.

đ) Aggregate export, import situations, and trade service business plans nationwide.

6. Uniformly manage state activities regarding consumer rights protection as prescribed by law.

7. Uniformly manage state activities regarding electronic commerce.

8. Regarding market management:

a) Uniformly direct national market management work; guide and inspect compliance with legal provisions on goods circulation on the market, exported and imported goods, and trade services.

b) Organize coordination between industries and localities in combating speculation, monopolization, smuggling, production and sale of counterfeit and prohibited goods, and other illegal business activities.

9. Uniformly manage state activities regarding competition, anti-monopoly, and anti-dumping; take the lead and coordinate with industry associations to resolve dumping disputes.

10. Regarding trade promotion:

a) Take the lead and coordinate with relevant ministries and agencies to build and submit to the Government and the Prime Minister for issuance or issue according to their authority strategies, plans, programs, mechanisms, and policies for trade promotion; direct, guide, and organize implementation of these regulations after issuance.

b) Manage state activities regarding commercial advertising, trade fairs, exhibitions, promotions, and product introductions both domestically and internationally as prescribed by law.

11. Regarding economic and trade integration at the international level:

Take the lead and coordinate with relevant ministries and agencies:

Build and implement mechanisms and policies for international economic and trade integration.

Organize negotiations with countries and international economic and trade organizations.

Sign or join bilateral and multilateral international treaties between Vietnam and countries and international organizations as assigned or authorized by the Government.

Guide, urge, inspect, and organize implementation of international treaties on economic and trade matters to which Vietnam is a member.

12. Represent Vietnam's trade interests abroad; uniformly manage the trade activities of Vietnamese organizations and individuals abroad and foreign entities in Vietnam as prescribed by law; manage and direct the operations of trade offices, trade promotion organizations, centers, or retail stores introducing Vietnamese products abroad.

13. Collect, aggregate, analyze, process, and provide economic, trade, market, and trader information both domestically and internationally to serve Party and State agencies and economic organizations; compile and publish publications on trade and market information.

14. Implement international cooperation in areas managed by the Ministry as prescribed by law.

15. Decide on policies, measures, and guidelines for implementing operational mechanisms of public service organizations in areas under the Ministry’s state management as prescribed by law; manage and direct the operations of affiliated organizations under the Ministry.

16. Organize and direct the implementation of scientific research plans and application of scientific and technological progress in areas under the Ministry’s state management.

17. Perform specific tasks and powers within the scope of representing the State's ownership interest in enterprises with state capital under the Ministry’s management as prescribed by law.

18. State management over the activities of collective economic organizations, private enterprises, associations, and non-governmental organizations in fields under the Ministry's jurisdiction as prescribed by law.

19. Inspection, supervision, handling of complaints, accusations, anti-corruption, elimination of negative practices, and enforcement of violations of laws in fields under the Ministry's jurisdiction as prescribed by law.

20. Deciding and directing the implementation of the Ministry’s administrative reform program according to the goals and content of the national administrative reform program approved by the Prime Minister.

21. Managing organizational structure and staffing; directing the implementation of policies, salary systems, incentives, rewards, and disciplinary measures for state officials, civil servants, and public employees within the Ministry's jurisdiction; training and professional development for state officials, civil servants, and public employees in the field of state management under the Ministry; establishing civil servant and public employee positions, defining technical and professional rank standards in the Ministry's management fields.

22. Managing financial resources and assets assigned, and organizing the implementation of the budget allocated as prescribed by law.

Article 3. Organizational Structure of the Ministry

a) Organizations assisting the Minister in performing state management functions:

1. Import-Export Department;

2. Domestic Market Policy Department;

3. Mountain Trade and Border Trade Department;

4. Asia-Pacific Market Department (referred to as Region 1 Department);

5. European Market Department (referred to as Region 2 Department);

6. Americas Market Department (referred to as Region 3 Department);

7. Africa-West Asia-South Asia Market Department (referred to as Region 4 Department);

8. Multilateral Trade Policy Department;

9. E-commerce Department;

10. Cooperative Department;

11. Planning and Investment Department;

12. Finance and Accounting Department;

13. Legal Affairs Department;

14. Cadre and Civil Servant Organization Department;

15. Market Management Bureau;

16. Competition Management Bureau;

17. Trade Promotion Bureau;

18. Inspectorate;

19. Office.

Transfer the Quality Control and Measurement Bureau currently under the Ministry of Commerce to the Standardization, Metrology, and Quality Control General Department under the Ministry of Science and Technology.

The Multilateral Trade Policy Department and the Import-Export Department shall be organized into divisions by the Minister of Commerce after consultation with the Minister of Home Affairs.

Vietnamese commercial service agencies abroad shall be established by the Prime Minister upon the recommendation of the Minister of Commerce.

b) Scientific and Technological Organizations under the Ministry:

1. Institute of Trade Research;

2. Trade Information Center;

3. Computing Center;

4. Trade Magazine;

5. Trade Newspaper;

6. Vietnam Economic News (VEN) Foreign Affairs Newspaper;

7. Central Trade Cadres Training School.

The Minister of Commerce shall lead and coordinate with the Minister of Home Affairs to develop a plan for restructuring current training institutions under the Ministry of Commerce, to be submitted to the Prime Minister for approval.

Article 4. Effective date

This Decree takes effect fifteen days after its publication in the Official Gazette, replacing Government Decree No. 95/CP dated December 4, 1993 on the functions, tasks, powers, and organizational structure of the Ministry of Commerce and previous regulations inconsistent with this Decree.

Article 5. Responsibilities for Implementation

The Minister of Commerce, other Ministers, Heads of Ministries equivalent to Ministries, Heads of government agencies, and Chairpersons of provincial people's committees directly under the central government are responsible for enforcing this Decree.