Joint Circular No. 36/2000/TTLT/BTM-BTCCBCP guiding the functions, tasks, powers, and organization of local trade management agencies

JOINT CIRCULAR
Guidelines on the functions, tasks, authorities, and organization of trade management agencies at local levels
Trade management agencies at local levels

Pursuant to the Law on Trade which was adopted by the National Assembly of the Socialist Republic of Vietnam, Session IX, 11th Meeting, on May 10, 1997;

Pursuant to Decree No. 15/CP dated March 2, 1993 of the Government stipulating the tasks, authorities, and responsibilities for state management of Ministries and equivalent agencies;

The Ministry of Trade and the Government's Office of Organization and Cadres issue guidelines on the functions, tasks, authorities, and organization of trade management agencies at local levels as follows:

A./ TRADE MANAGEMENT AGENCIES IN PROVINCES AND MUNICIPALITIES UNDER THE CENTRAL GOVERNMENT (HEREINAFTER REFERRED TO AS PROVINCES)

I.- Functions of trade management agencies in provinces and municipalities under the central government:

The Department of Trade, the Department of Trade and Tourism (hereinafter referred to collectively as the Department of Trade), is a specialized agency under the People's Committee of the province, municipality under the central government (hereinafter referred to as the People's Committee of the province), assisting the People's Committee of the province in performing state management functions over trade within the provincial territory according to the provisions of the law.

The Department of Trade is subject to guidance and management of its activities, organization, and staffing by the People's Committee of the province, while also being subject to guidance, direction, and supervision by the Ministry of Trade regarding professional matters, business operations, and the implementation of trade policies and laws.

For those provinces that have established a Department of Trade and Tourism, in addition to implementing the provisions of this Circular, they must also implement the provisions of Circular No. 325/TT-TCCP-DL dated May 28, 1993 issued by the Government's Office of Organization and Cadres and the General Administration of Tourism.

II.- Tasks and Authorities of the Department of Trade:

1- Regarding planning, program development, and market organization

1.1- Develop plans for the development of trade within the provincial territory and submit them to the People's Committee of the province for approval.

1.2- Based on the approved plans for the development of trade in the province, submit specific programs and projects for the development of trade in the province to the People's Committee of the province for approval and organize their implementation.

1.3- Examine or participate in examining programs and projects related to trade in the province.
1.4- Approve import plans of enterprises with foreign investment capital within the provincial territory pursuant to the delegation of authority from the Ministry of Trade (excluding enterprises located in industrial zones and export processing zones).

1.5- Organize the implementation and supervise and inspect the execution of trade plans.

1.6- Conduct surveys and studies of markets both within and outside the provincial territory, including international markets, to serve the development of trade in the province.

1.7- Aggregate and process information about the market within the provincial territory concerning the total turnover of goods, total supply and demand, and circulation reserves of essential goods; goods subject to policy for ethnic minorities and mountainous regions, import-export turnover...

1.8- On the basis of balancing supply and demand of goods within the provincial territory, the Department of Trade coordinates with sectoral departments to direct trading enterprises within the provincial territory to ensure the supply of essential goods and goods subject to policy to meet market demands within the province; contribute to stabilizing prices in the market; implement preferential trade policies for remote areas, mountainous regions, islands, and ethnic minority regions as prescribed by law.

1.9- Provide market information to businesses of various economic sectors and relevant state agencies.

2.- Regarding the dissemination, guidance, and organization of the implementation of trade laws:

2.1- Submit to the People's Committee of the province for issuance of documents within its authority to concretize legal regulations on trade.

2.2- Issue professional and operational guidance documents for trade activities within the provincial territory according to the provisions of the law.

2.3- Propose to the People's Committee of the province and competent agencies to amend or supplement regulations related to trade activities.

2.4- Disseminate, guide, and educate traders within the provincial territory on trade laws to ensure compliance with legal regulations on trade.

2.5- Lead together with relevant departments to guide rational consumption and thrift.
2.6- Issue Business Licenses and Certificates of Eligibility to engage in restricted and conditional trade activities according to the law and the division of labor by the Government.

2.7- Implement registration for the establishment of representative offices and branches of Vietnamese traders within the provincial territory.
2.8- Implement registration for the establishment of representative offices and branches abroad for trading enterprises headquartered within the provincial territory.

2.9- Implement registration for the operation of representative offices and branches of foreign traders within the provincial territory.
2.10- Perform state management tasks regarding the operation of markets, supermarkets, and commercial centers according to the provisions of the law.
2.11- Perform state management tasks regarding cooperatives and service trade enterprises within the provincial territory according to the provisions of the law.

2.12- Manage promotional trade activities within the provincial territory.

a)                 Examine and resolve matters concerning traders organizing promotional activities in the form of lottery tickets.
b) Implement registration for organizing trade fairs and exhibitions for traders directly organizing such events within the provincial territory.

 c) Approve plans for organizing trade fairs and exhibitions within the provincial territory for traders engaged in trade fair and exhibition services.

d) Supervise, inspect the implementation of legal regulations on promotions, trade advertising, trade fairs, and exhibitions, and handle violations of these regulations within the provincial territory.

đ) Organize and manage various forms of trade promotion activities.
2.13- Carry out tasks delegated or entrusted by the Ministry of Trade to the People's Committee of the province.

2.14- Carry out other trade-related tasks assigned by the People's Committee of the province and as prescribed by law.

Regarding inspection, supervision, and market control activities

3.- Regarding inspection, examination, and market supervision work

3.1- Direct the market inspection and supervision agencies under the Department to act in accordance with the provisions of the law.

3.2- Direct the market inspection and supervision agencies under the Department to coordinate with other competent forces within the province in conducting market inspections and supervision to implement tasks aimed at combating smuggling, illegal importation, prohibited goods trading, counterfeit goods trading, speculative monopoly of the market, illegal business operations, commercial fraud, and other violations of trade laws within the province.

3.3- Supervise and inspect the implementation of laws by representative offices and branches of domestic and foreign traders on the provincial territory and handle violations according to the provisions of the law.

3.4- Compile information regarding market inspection and supervision activities within the province.

3.5- Receive and resolve complaints, petitions in the field of commerce within the province in accordance with the provisions of the law.

4.- Regarding state management over enterprises registered for commercial activities within the province

4.1- For state-owned enterprises engaged in commerce managed by the Department of Commerce, which is entrusted by the Provincial People's Committee to exercise ownership rights

a)                 Submit to the Provincial People's Committee for decision-making on establishment, merger, dissolution, restructuring, divestiture, leasing, and shareholding reform of enterprises.

b)                 Submit to the Provincial People's Committee for approval of objectives, tasks, and annual production and business plan orientations of enterprises.

c) Coordinate with financial management agencies in managing and utilizing the capital and assets of enterprises.
d) Submit to the Provincial People's Committee for decision-making on the appointment and removal of positions such as directors, deputy directors, and chief accountants of enterprises.

đ) Coordinate with competent supervisory agencies to monitor and inspect the implementation of salary and bonus schemes of enterprises.
e) Supervise and inspect the implementation of the annual production and business plans of enterprises.
g) Require enterprises to comply with statistical data reporting and business operation situation reporting systems as prescribed by the General Statistics Office and the Ministry of Commerce.

4.2- For state-owned enterprises engaged in commerce managed by other specialized departments within the province
a) The Department of Commerce coordinates with relevant departments to submit to the Provincial People's Committee for approval of objectives, tasks, and annual business plan orientations of enterprises.

b) Coordinate with relevant departments to supervise and inspect the implementation of the annual business plans of enterprises.
c) Require enterprises to report on their business operation situations as prescribed by the Ministry of Commerce.

4.3- For central enterprises operating within the province and enterprises from other economic sectors registered for commercial activities in the province

Require enterprises to comply with statistical data reporting and business operation situation reporting systems as prescribed by the Ministry of Commerce.

5.- Regarding training work

5.1- Based on the needs and development trends of commerce in the province, develop planning and training programs for commerce officials for the province.

5.2- Organize training and professional upgrading for officials and civil servants under the Department's management and commercial enterprises operating within the province.

6.- Direct and guide professional management of commerce for commerce management agencies at district, city, and town levels within the province and districts under centrally-administered cities.

7.- Request other specialized management agencies of the Provincial People's Committee to provide information related to commerce activities; request organizations and individuals engaged in commerce within the province to provide statistical data and reports on their business results.

8.- Regularly or urgently report to the Provincial People's Committee and the Ministry of Commerce as prescribed by the General Statistics Office and the Ministry of Commerce.

III. Organization of the Department of Commerce

1.- The organization and staffing of the Department of Commerce shall be decided by the Chairman of the Provincial People's Committee based on the proposal of the Director of the Department of Commerce after receiving the review opinion of the Provincial Government Organization Board. The placement of officials and civil servants must be based on job titles and civil servant standards as prescribed by the law.

2.- The Director of the Department of Commerce shall be appointed or relieved of duty by the Chairman of the Provincial People's Committee according to professional standards set by the Minister of Commerce.

3.- Assist the Director of the Department of Commerce with some Deputy Directors. Deputy Directors shall be appointed or relieved of duty by the Chairman of the Provincial People's Committee upon the recommendation of the Director of the Department of Commerce and the Head of the Provincial Government Organization Board.

4.- Organization of the Department of Commerce

a)                 Advisory agencies of the Department of Commerce

Personnel and Administrative Affairs Division and Inspection Division;

Planning, Synthesis, and Trade Promotion Division;

Trade Management Division;

For the Department of Commerce and Tourism, establish an additional Tourism Management Division under the Department.

For centrally-administered cities, in addition to the above advisory agencies, may establish independent divisions such as Representative Office and Branch Management Division of domestic and foreign traders; Import-Export Management Division; Information and Trade Promotion Center, based on requirements, content, and workload.
The Director of the Department of Commerce shall determine the functions, tasks, personnel, and organizational structure of the advisory agencies of the Department.
b) Market inspection and supervision agencies

The organization of specialized trade inspection at local level will be implemented when the Government issues regulations on the functions and tasks of the specialized trade inspection system.

Currently, continue to maintain the organization of the Market Management Sub-department directly under the Department of Commerce.

The functions, tasks, powers, and organization of the Market Management Sub-department shall be carried out in accordance with the Government Decree No. 10-CP dated January 23, 1995.

5.- The Director of the Department of Commerce shall decide on the appointment and removal of heads of specialized divisions under the Department according to the guidance on procedures and formalities of the Provincial People's Committee.

B./ COMMERCE MANAGEMENT AGENCIES AT DISTRICTS AND COUNTIES UNDER CENTRALLY ADMINISTERED CITIES; COUNTIES, TOWNS, AND CITIES UNDER PROVINCES (HEREINAFTER REFERRED TO AS COUNTIES)

I.- Commerce management agencies within counties

1.- The trade management agency atthe district level is an entity under the machinery of the District People'sCommittee, tasked with assisting the District People's Committee in performingstate administrative functions related to trade within the district.

2.- The trade management agency atthe district level is subject to the guidance and management regardingorganization, staffing, and work performance by the District People's Committee,while also being guided and inspected by the Department of Trade concerningmechanisms, policies, laws, and specialized commercial operations.

II.- Duties of the trade managementsubject at the district level

1.- Take the lead in formulating andimplementing plans for trade development within the district.

2.- Carry out or coordinate withrelated market inspection agencies to implement activities promoting anddisseminating state laws, policies, and directives on commercial activities.

3.- Coordinate with related marketinspection agencies to inspect and regulate commercial activities within thedistrict.

4.- Perform state management tasksregarding market operations according to the assigned level.

5.- Fulfill other trade-relatedtasks, programs, and plans assigned by the District People's Committee.

6.- Submit regular or ad hoc reportsto the District People's Committee and the Department of Trade as stipulated bythe General Statistics Office and the Department of Trade.

III. Organizational Model of theTrade Management Agency at the District Level

Depending on the nature,characteristics, content, and volume of trade and tourism activities within thedistrict, the Provincial People's Committee decides on applying organizationalmodels.

1.- Districts directly under thecentral government and cities, towns belonging to provinces classified as secondand third-tier cities shall establish a Trade and Tourism Department.

2.- Towns not covered by theprovisions of Clause 1 of this Section, and counties with at least 2,000 tradersoperating within their territory shall establish a Trade and TourismDepartment.

3.- Counties not covered by theprovisions of Clause 2 of this Section shall establish a trade managementdivision within another specialized department of the County People's Committee.

Alternatively, the CountyPeople's Committee may agree with the Director of the Department of Trade ondispatching staff from the market management force to perform the statemanagement tasks related to trade within the county as detailed in Part B,Section II of this Circular.

C./ IMPLEMENTATION PROVISIONS

This Circular takes effect 15days from the date of signature.

The Chairman of the ProvincialPeople's Committee shall, based on this Circular, direct the formulation ofplans to improve organization and specify the functions, duties, authorities,and organizational structure and staffing of the Department of Trade, theDepartment of Trade and Tourism, and the trade management agencies at thedistrict level.

This Joint Circular replacesJoint Circular No. 09/TT-LB dated April 14, 1995 between the Ministry of Tradeand the Government Organization and Cadre Affairs Board guiding the functions,duties, authorities, and organizational management of state administration overtrade at local levels./.