Decision No. 38/2000/QĐ-BCN On the issuance of regulations on the functions, tasks, and authorities of Departments, Inspectorate, and the Office of the Ministry of Industry

DECISION OF THE MINISTER OF INDUSTRY

Regarding the issuance of regulations on functions, tasks, and authorities

of Departments, Inspectorate, and the Office of the Ministry of Industry

 

THE MINISTER OF INDUSTRY

Based on Decree No. 74/CP dated November 1, 1995 of the Government on functions, tasks, authorities, and organizational structure of the Ministry of Industry;

At the proposal of the Director of the Personnel and Organization Department,

DECISION:

 

Article 1.Issued along with this Decision are the Regulations on functions, tasks, and authorities of:

Department of Planning and Investment,

Department of Finance-Accounting;

Department of Technology Management and Product Quality;

Department of International Cooperation;

Department of Organization-Personnel;

Department of Legal Affairs;

Inspectorate;

Office of the Ministry.

Article 2.On the basis of the assigned functions, tasks, and authorities, the Heads of Departments, Head of Inspectorate, and Head of the Office of the Ministry shall be responsible for:

Completing organization, arranging, and deploying cadres according to their positions, standards of state civil servants and public officials, ensuring principles of efficiency, simplicity, and non-overlapping;

Building work regulations and working relationships according to the division of labor and management levels assigned by the Ministry.

Article 3.This Decision takes effect fifteen days from the date of signature and replaces:

Decision No. 401/QD-TCCB dated December 20, 1995 of the Minister of Industry issuing the Regulations on functions, tasks, and authorities of Departments, Inspectorate, and the Office of the Ministry of Industry;

Decision No. 448/QD-TCCB dated March 25, 1997 of the Minister of Industry regarding the supplementation of some tasks of functional agencies under the Ministry;

Decision No. 08/1998/QĐ-BCN dated February 14, 1998 of the Minister of Industry regarding the definition of functions, tasks, authorities, and organizational structure and staffing of the Department of Legal Affairs under the Ministry of Industry.

 Article 4 . The Head of the Office of the Ministry, the Head of the Inspectorate, the Heads of Departments, the Directors of Bureaus, and the Heads of agencies and enterprises under the Ministry shall be responsible for implementing this Decision./.

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

Regarding functions, tasks, and authorities of

Departments, Inspectorate, and the Office of the Ministry of Industry

(Issued along with Decision No.: 38/2000/QĐ-BCN

dated June 28, 2000 of the Minister of Industry)

PART I

GENERAL PROVISIONS

Article 1. Departments, Inspectorate, and the Office of the Ministry (hereinafter referred to as the Ministry's agencies) are agencies assisting the Minister in performing the function of state administration over the industry sector: machinery, metallurgy, electronics-information technology, chemicals, geology, mineral resources, mines (including coal, oil, natural gas, precious stones), electricity, industrial explosives, consumer goods throughout the country according to Decree No. 15/CP dated March 2, 1993 of the Government on the tasks, authorities, and responsibilities of state administration of Ministries and equivalent agencies and Decree No. 74/CP dated November 1, 1995 of the Government on functions, tasks, authorities, and organizational structure of the Ministry of Industry.

Article 2.While performing assigned functions, the heads of units have the right to:

a- Request agencies and units to provide necessary information, data, materials... to serve the assigned work;

b- Work relations with state agencies and economic-social organizations when authorized by the Ministry;

c- Organize monitoring, guidance, and inspection of activities of units under the Ministry within the assigned management area; propose to the leadership of the Ministry and heads of units under the Ministry measures to address certain issues necessary to ensure compliance with laws, policies, and systems in that field;

d- Gradually complete the organization, arrangement, and deployment of cadres of the agency according to their positions, standards of state civil servants, according to the requirements of tasks and staffing assigned by the Ministry; ensuring principles of efficiency, simplicity, and non-overlapping;

e- Participate with the Department of Organization-Personnel in training, development, appointment, dismissal, commendation, disciplinary action, and policy resolution for cadres and civil servants of their own unit in accordance with the provisions of the vertical system.

Article 3.In case of necessity, the Minister may assign specific tasks outside the scope of duties and authorities already defined in this document to the Heads of Departments, Head of Inspectorate, and Head of the Office of the Ministry.

Article 4.In areas of work or matters related to many Ministry agencies, the Minister will only delegate one agency to take the lead in organizing implementation, other agencies shall participate according to their functions and tasks defined in this document;

Relationships and methods of resolving matters among Ministry agencies shall be implemented according to the Working Regulations of the Ministry of Industry issued by Decision No. 31/1998/QĐ-BCN dated May 4, 1998 of the Minister of Industry.

Article 5.Departments, Inspectorate, and the Office of the Ministry shall assist the Ministry in researching and drafting laws, ordinances, and other regulatory legal documents related to the industry sector managed by the Ministry for submission to the Government for promulgation or promulgation by the Ministry within its authority and organize the implementation of these regulatory legal documents;

Assist the Ministry in performing state management functions over enterprises in the industry sector according to the provisions of the law.

Chapter II

FUNCTIONS AND TASKS OF DEPARTMENTS, INSPECTORATE

AND THE OFFICE OF THE MINISTRY OF INDUSTRY

Section 1

PLANNING AND INVESTMENT DEPARTMENT

Article 7.The Planning and Investment Department is the advisory body of the Minister, assisting the Minister in performing state management functions in the planning and investment sector of the industry according to the law.

Article 8. Main tasks of the Department:

1-Study and develop strategies, plans, and comprehensive projects for the development of the industry sector for the Ministry to submit to the Government for approval and guide and direct the implementation after approval by the Government;

2-Specifically implement strategies, plans, and comprehensive projects for the development of the industry sector into overall development schemes and distribution of production forces of various economic-technical sectors throughout the country, in each region, locality in terms of production-business structure, investment, import-export, international cooperation, joint ventures, economic linkages;

3-Organize statistical work according to the legal provisions on statistics; timely provide information and statistical reports to serve the guidance and management of the Ministry;

4-Study and submit to the Ministry for review or participate in reviewing investment projects, economic-technical feasibility studies, designs, budgets, and joint venture cooperation projects with foreign countries related to the industry sector;

5-Develop industrial development policies, planning and investment projects for raw material regions of the industry sector; policies for geological surveys, protection, and utilization to apply mineral resources reasonably, protect the environment, implement industrial protection policies, investment policies, international integration policies regarding industry, flood and disaster prevention funds, natural disaster funds... to create a favorable environment for the activities of various sectors, localities, and establishments;

6-Compile, balance five-year plans and annual plans (including mobilization plans) of the sector to submit to the Government through the Ministry. Monitor, guide, and coordinate the implementation of plans and resolve major balances concerning energy, quotas, investment capital, raw materials... according to the State's allocation list (if applicable);

7-Cooperate with other Departments to implement and resolve issues related to management reform, state-owned enterprise shareholding, combined industry management with local management; organize production restructuring in accordance with state regulations;

8-Study and prepare to submit to the Ministry for issuance of practice licenses for industries under its management in accordance with government regulations;

9-Serve as the focal point to monitor and manage foreign-invested enterprises in the industry and cooperate with other Departments to address issues based on the requirements of these enterprises;

10-Manage investment activities in BOT, BTO, BT forms in the industry including from investment promotion, preparation, project evaluation to negotiation, signing contracts and project management throughout the operation period;

11-Serve as the focal point to coordinate work with national programs related to economics and technology that significantly impact the industry;

12-Serve as the focal point to monitor and manage local industry;

13-Acting Secretariat of the Flood and Storm Prevention Steering Committee and the National Defense Work Steering Committee of the Ministry;

14-Monitor, compile, evaluate the situation, and prepare reports on production and business activities across the industry on a regular basis;

Section 2

DEPARTMENT OF FINANCE AND ACCOUNTING

Article 9. The Department of Finance and Accounting is the advisory body of the Minister, assisting the Minister in performing state management functions over finance, accounting, and pricing in the industry in accordance with the law.

Article 10.Main tasks of the Department:

1-Study and draft regulations and circulars guiding financial, accounting, and pricing matters within the Ministry’s authority to be submitted to the Minister for issuance; participate and propose to the Ministry of Finance and relevant ministries on the development and issuance of new, amended policies, systems, taxes, pricing, and accounting records related to industries managed by the Ministry;

2-Guide agencies and enterprises under the Ministry in drafting and compiling annual budget revenue and expenditure plans of the Ministry of Industry to be submitted to the Government for approval; guide and inspect implementation;

3-Collaborate with relevant Departments to develop salary plans and operational funding provided by the state budget for administrative and public service units under the Ministry, to be submitted to the Government for approval;

Implement the receipt and distribution of funding to administrative and public service units and inspect and settle accounts for their implementation;

4-Participate in economic and technical feasibility review boards. Guide and approve final settlement for basic construction projects within the Ministry's inspection and approval authority;

5-Organize the collection of information on capital dynamics, production and business efficiency, budget submission compliance, price fluctuations to compile, analyze, propose macro-management measures, and report periodically to the Ministry leadership;

Section 3

DEPARTMENT OF TECHNOLOGY MANAGEMENT AND PRODUCT QUALITY

Article 11. The Department of Technology Management and Product Quality is the advisory body of the Minister, assisting the Minister in performing state management functions over science and technology, environmental protection, and product quality in accordance with the law., Article 12.

1-Lead the research and development of strategies, policies, and plans for scientific and technological development, environmental protection, and product quality to be submitted to the Government for approval or decided upon by the Ministry within its authority; organize, direct, and guide implementation after Government or Ministry approval;Main tasks of the Department:

2-Organize the development and submission to the Minister for issuance within his authority of procedures, rules, standards, and economic-technical norms for industries managed by the Ministry;

3-Organize the management of industrial product quality, the development of science and technology, and the application of scientific and technological advancements in industries managed by the Ministry;

4-Organize and guide the implementation of state regulatory legal documents, technical-scientific solutions to protect the environment, control, and prevent the adverse effects of industrial activities on the environment; 5-Organize unified management of standardization, measurement, industrial property, inventions, and innovations in industries managed by the Ministry. Collaborate with the Ministry of Science and Technology and Environment and relevant agencies in organizing state management of product quality;-6-Develop and direct the implementation of long-term and annual programs and plans for scientific research, technology application, improving product quality, and environmental protection in the industry;

7-Participate in the assessment and approval of investment projects for industrial construction works; lead the assessment of technology, equipment, product quality, and environmental impact assessments for new or renovated industrial construction projects; 8-Organize a network of scientific and technological information, product quality, and environmental data. Direct the establishment and exploitation of economic and technical data for forecasting, planning, and developing scientific and technological progress, product quality, and environmental management in the industry to serve the Ministry's guidance;

DEPARTMENT OF INTERNATIONAL COOPERATION

The Department of International Cooperation is the advisory body of the Minister, assisting the Minister in performing state management functions over international cooperation in the industry in accordance with the law. 1-Organize research, forecast trends, and develop strategies for development in the field of economic cooperation with countries, international and regional organizations for industries to be submitted to the Government for approval; direct, guide, and inspect implementation.

7- Participate in reviewing and examining investment projects for the constructionof industrial works; take the lead in assessing technology, equipment, productquality, and environmental impact of new investment projects or the renovationof industrial works;

8- Organize a network of scientific and technological information, product quality, andenvironmental information. Direct the work of building and utilizing economicand technical data to serve forecasting, planning, and development plans forscience, technology, product quality, and the environment in the industry sectorin order to support the directives of the Ministry.

Section 4

DEPARTMENT OF INTERNATIONAL COOPERATION

Article 13.The Department of International Cooperation is the advisory body of the Minister,assisting the Minister in performing state management functions regardinginternational cooperation in the industry sector as prescribed by law.

Article 14.Main tasks of the Department:

1- Organize research, forecast trends, and develop strategies for development in theeconomic cooperation field with countries, international organizations, andregional areas for each industry sector for submission to the Government forapproval; direct, guide, and supervise the implementation.

2-Conduct market research in regional areas, foreign organizations and individualsare counterparts to economic organizations, training institutions, scientific andtechnological research institutes under the Ministry, particularly focusing onaspects such as legal personality, economic potential, investment capacity,investment mechanisms, import and export. of Provide information and guide relevant departments, enterprises, and agenciesunder the Ministry to establish economic cooperation relationships, negotiateand sign economic contracts with foreign organizations and individuals,including joint venture partners, economic cooperation partners, import andexport quotas, etc.

3-Cooperate with relevant agencies under the Ministry to guide foreignorganizations and individuals, as well as Vietnamese investors on theimplementation of laws and regulatory legal documents of the State regardingforeign investment in Vietnam, preparation and signing of joint venturecontracts, business cooperation contracts, BOT contracts, implementation ofinvestment permits, business licenses, and other commitment documents inaccordance with Vietnamese law and international practices.

4-Study and draft programs and plans for participation in internationalorganizations, bilateral or multilateral economic relations includingrelations with non-governmental organizations and ASEAN working groups tofacilitate the Ministry's engagement, negotiations, and signing of agreementson economy, trade, science and technology, education, labor cooperation atthe governmental level.

5-Prepare the content and program for overseas trips of Ministry leaders tosubmit to the Government; submit to Ministry leaders the content, program,and plan for incoming and outgoing delegations.

6-Cooperate with state agencies and economic organizations under theMinistry, review and guide the handling of complaints, disputes, and violationsof Vietnamese national law and international law in the execution of signedcontracts.

7-Arrange personnel to serve as secretaries for the Minister in bilateralgovernment-level economic cooperation committees when the Minister isauthorized by the Prime Minister to chair the Vietnamese side.

8-Conduct reception-related administrative tasks in the Ministry’s externalactivities.

9-Develop projects aimed at exploiting financial support from internationalorganizations.

10-Continuously work on multilateral activities such as ASEAN, APEC, UNDP,UNIDO, WTO, EU, WB, OECD, and the Chemical Weapons Convention.

11-Handle procedures for overseas trips for Ministry leadership delegations andleadership delegations of subordinate agencies; prepare and submit to theMinistry for signing necessary decisions and letters for overseas travelprocedures for staff under the Ministry's management; handle entry and exitprocedures for foreign guests working for the Ministry or its subordinateunits.

12-Responsible for planning the budget for incoming and outgoing delegationsannually of the Ministry and manage this budget together with related units.

Section 5

DEPARTMENT OF ORGANIZATION AND STAFF

Article 15.The Department of Organization and Staff is the advisory body to the Minister,assisting the Minister in implementing state management functions overorganizational and staff work, training, and labor and salary matters in theindustrial sector according to the provisions of the law.

Article 16.Main tasks of the Department:

1-Study and develop for the Minister to submit to the Government for promulgationof Decrees on the functions, tasks, powers, and organizational structure ofspecialized management agencies; guide and inspect the implementation of thesedocuments.

2-Study and develop for the Ministry to promulgate the functions, tasks,powers, organization, and staffing of Departments, the Ministry's Inspectorate,Ministry Office, and affiliated units; guide the functions, tasks, powers,organization, and staffing of provincial industrial departments and cityindustrial departments directly under the central government, and districtand county industrial offices within provinces.

3-Study and propose directions for administrative reform, restructuring ofstate-owned enterprises, and shareholding to continuously improve theorganizational management system of the industry from the Ministry to localitiesand grassroots levels.

4-Study and develop plans for cadre planning, promulgate professional standardsfor civil servants and public officials in the industrial sector. Monitor andmanage cadres and the cadre team in the sector according to the分级管理权限的政府和部的管理；

5-指导行业单位正确实施党对干部的政策和国家的规定；

6-研究、制定并指导行业单位按照干部管理权限实施人事档案和履历管理制度；

7-按干部管理权限办理干部退休手续；

8-负责落实老革命同志和已退休干部的待遇制度；

9-规定干部和公务员出国工作的人员配备；

10-负责全行业的内部政治保卫工作；

11-研究、制定培训规划和计划，培养公务人员、职员、管理人员、技术人员、业务人员和熟练技术工人，准备向部提交关于与教育部合作的人力资源培训战略、规划和计划的意见，并指导和监督执行情况；

12- 主持并配合各局开展与培训相关的工作，包括：制定计划、分配资金限额、投资资金、培训和培养干部和技术工人的指标，以及根据国家和部的规定派遣干部到国外学习；

13- 研究并起草，或建议劳动和社会事务部制定工业部门员工的政策和制度，并督促和检查这些政策和制度的执行情况；

14- 向部提交编制指标、工资、医疗床位和康复床位的分配计划，这些床位属于国家分配给部的行政事业单位范围；

15- 实施劳动力统计和收入统计工作；

16- 监督全行业的医疗卫生、劳动环境卫生和职工健康状况；

Chapter 6

法规局

Article 17. The Legal Affairs Office is the advisory body to the Minister, assisting the Ministerin legal matters for the performance of state management functions and tasks; it servesas the focal point for organizing legislative work, reviewing, and scrutinizing draftprojects and draft regulatory documents submitted to the Ministry; systematizingregulatory legal documents; disseminating and educating on laws; and inspecting theimplementation of regulatory legal documents.

Article 18. N |||Main tasks of the Department:

1- Proposing and submitting to the Minister for approval the long-term and annuallegislative construction programs of the Ministry of Industry; guiding, urging, andinspecting the implementation of such programs;

2- Legally reviewing regulatory legal documents drafted by agencies and units underthe Ministry before they are signed and issued by the Minister or submitted to theGovernment for issuance;

3- Assisting the Minister in drafting or participating in the drafting of regulatorylegal documents assigned (including regulatory legal documents with foreign funding);

4- Serving as the focal point to assist the Minister in providing opinions on draftregulatory legal documents sent for comments by agencies, ministries, sectors,provinces, centrally governed cities;

5- Regularly organizing the review, systematization, and updating of regulatorylegal documents related to the industry's activities; proposing to the Ministermeasures to handle the results of reviewing regulatory legal documents and makingrecommendations to the Government to suspend the enforcement of provisions ofministries, sectors, People's Council Resolutions, Decisions, and Directives of all-levelPeople's Committees that contravene national regulatory legal documents and thoseissued by the Ministry;

6- Organizing the dissemination and education on laws within the scope of theindustry;

7- Monitoring, urging, and inspecting the implementation of laws and proposing tothe Minister measures to implement laws, prevent, and eliminate violations of lawsin the industrial sector;

8-Monitoring, managing, guiding, and inspecting the legal affairs work of agenciesand enterprises in the industrial sector and Industrial Departments;

9- Performing other legal tasks assigned by the Minister.

Section 7

Ministry Inspection

33 ||| 3. Cooperating and uniting among members, enhancing skills, and promoting the development of the cooperative;The Ministry Inspectorate is an agency of the Ministry of Industry and is anorganization within the State Inspectorate system, directly led by the Minister ofIndustry and professionally guided by the Chief State Inspector.

The Ministry Inspectorate is a specialized agency assisting the Minister in carryingout inspection functions over agencies and units in the industrial sector inimplementing decisions of the Minister of Industry and regulatory legal documentsof relevant state agencies concerning the industrial sector.

Article 20.Main tasks of the Ministry Inspectorate:

1- Inspecting the implementation of policies and laws, primarily and mainly thedecisions of the Minister in state agencies, economic-social organizations, citizens,and units and individuals directly managed by the Ministry;

2- Recommending to the Minister to resolve complaints and denunciations that havebeen resolved by unit heads but the parties still appeal or when discovering signs oflaw violations in the resolution process;

3- Guiding and inspecting unit heads under the Ministry in implementing StateDecisions on inspection work, examining, and resolving complaints and denunciations;

4- Providing guidance on inspection procedures for People's Inspection Committees,unit heads' inspection offices, and specialized inspections;

5- Coordinating with departments and the Ministry Office to develop inspectionplans for submission to the Ministry for approval and directing their implementation;reporting periodically to the Minister on inspection results and informing relevantdepartments about the conclusions of the inspection team and the Minister'sconclusions on inspection cases; monitoring and inspecting how units handle mattersaccording to the conclusions and Decisions of the Minister;

6- The powers of the Inspectorate are implemented according to Article 9 of theInspectorate Ordinance promulgated on March 29, 1990.

Section 8

THE MINISTRY OFFICE

Article 21.The Ministry Office is the working machinery of the Minister, assisting the Ministerin organizing and managing leadership and directive tasks for the Ministry's stateadministration functions towards the entire industrial sector;

Bearing responsibility for ensuring working conditions and contributing to caringfor and improving the material and spiritual life of cadres, workers, and staff ofMinistry agencies.

Article 22.Main tasks of the Ministry Office:

1- Assisting the Minister in building and implementing short-term and long-termwork programs and plans; establishing work regulations and organizing workaccording to these regulations; compiling comprehensive operational reports forMinistry leadership, regularly and urgently;

2- Organizing information work to serve Ministry leadership; receiving, collecting,distributing promptly and accurately to Ministry leadership and agencies variousdocuments and materials sent to the Ministry; serving as the focal point forrelations with mass media agencies; coordinating with organizations to preparearticles, responses to questions, and interviews for Ministry leadership;

Uniformly managing the issuance of documents from the Ministry of Industry.Organizing effective document management and archiving for the Ministry agency;guiding and inspecting document management and archiving throughout the industryaccording to the prescribed format by the state, protecting state secrets andofficial secrets of the Ministry agency;

3- Organizing the announcement and transmission of decisions of the Governmentand Prime Minister, and the Minister; monitoring, urging, inspecting, summarizingthe situation, and proposing measures to effectively implement directives, decrees,policies, and resolutions of the state and the Ministry for the entire industry;

Monitoring, urging functional agencies assigned by the Ministry to preparedocuments (including regulatory legal documents, projects...), participating incontent discussions during the drafting and review of these documents to ensurecurrent requirements for file formats, procedures, and reporting to Ministryleadership for decision-making;

4-Studying and proposing to the Minister on issues of mechanisms, policies, laws,and regular tasks within the Minister's authority that need to be delegated tofunctional agencies for research and submission to the Minister for considerationand decision;

5- Organizing and serving meetings, work sessions, and receptions for Ministryleadership; compiling and managing files, minutes of conferences, meetings, worksessions, and receptions.

6- Ensuring material conditions and working tools for the leadership of theMinistry and functional agencies of the Ministry; contributing to improving thematerial and spiritual life of officials, civil servants, and employees of theMinistry's agencies; managing organizational structure, staffing, personnel of theMinistry's Office; physical infrastructure, assets, various administrative andpublic service funds, revenue, foreign currency of the Ministry's agency;

7- Performing reception and ceremonial duties (both domestic and international),serving as the focal point for organizing and implementing the entire block ofthe Ministry's agencies' obligations towards localities;

8- Directing and providing guidance on office business procedures to offices ofagencies and enterprises within the industrial sector;

9- Assisting the Ministry in managing the Ministry's Representative Office in HoChi Minh City.

Chapter III

IMPLEMENTING PROVISIONS

Article 23During the implementation of this regulation, if there are issues requiringaddition or amendment, heads of units shall report to the Minister forconsideration and decision./.