Decision No. 39/2001/QD-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 the functions, tasks, and authorities of the Departments,

Inspection and the Office of the Ministry of Industry

 

THE MINISTER OF INDUSTRY

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

At the proposal of the Department Head of the Organization - Cadre Department,

 

DECISION:

Article 1. Attached to this Decision are the Regulations on the functions, tasks, and authorities of:

The Planning and Investment Department,

The Finance and Accounting Department;

The Technology Management and Product Quality Department;

The International Cooperation Department;

The Organization - Cadre Department;

The Minister of Science and Technology issues this Circular guiding the establishment of small and medium enterprise (SME) incubation centers, technical support centers for SMEs, and shared working spaces supporting innovative startups of SMEs

The Ministry's Inspectorate;

the Ministry Office.

Article 2. Based on the assigned functions, tasks, and authorities, the Department Heads, the Inspector General, and the Director of the Ministry’s Office shall be responsible for:

1. Perfecting the organization, arranging, and deploying cadres according to their positions, professional standards of civil servants and state employees, ensuring the principle of efficiency, simplicity, and non-overlapping;

2. Establishing working regulations and work 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. 38/2000/QĐ-BCN dated June 28, 2000, issued by the Minister of the Ministry of Industry on the issuance of Regulations on the functions, tasks, and authorities of the Departments, Inspectorate, and the Ministry's Office.

The Director of the Ministry’s Office, the Inspector General, the Department Heads, the Bureau Directors, and the Heads of agencies and enterprises under the Ministry shall be responsible for implementing this Decision.

 

REGULATIONS

Regarding functions, tasks, and authorities of the Departments, Inspectorate, and the Ministry's Office

(Issued together with Decision No.: 39/2001/QĐ-BCN dated August 22, 2001, of the Minister of the Ministry of Industry)

Chapter I. General Provisions

Article 1. The Departments, Inspectorate, and the Ministry's Office (hereinafter referred to as the Ministry's Agencies) are agencies assisting the Minister in performing the functions and tasks of state management over industries such as machinery, metallurgy, electronics-information technology, chemicals, geology, mineral resources, mines (including coal, oil, natural gas, precious stones), electricity, industrial explosives, and consumer goods throughout the country in accordance with Decree No. 15/CP dated March 2, 1993, of the Government on the tasks, authorities, and responsibilities of state management of the Ministry and agencies at the ministerial level; Decree No. 74/CP dated November 1, 1995, of the Government on the functions, tasks, authorities, and organizational structure of the Ministry of Industry; and Decree No. 47/CP dated August 12, 1996, of the Government on the management of weapons, explosives, and support tools.

Article 2. While performing the assigned functions and tasks, the heads of the agencies have the right to:

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

2. Engage in work relations with state agencies and economic-social organizations when authorized by the Ministry;

3. Organize monitoring, guidance, and inspection of activities of units under the Ministry within the assigned management area; propose measures to the leadership of the Ministry and heads of units within the Ministry to ensure compliance with laws, policies, and systems in that field;

4. Gradually perfect the organization, arrangement, and deployment of cadres according to their positions, professional standards of civil servants, based on the requirements of tasks and staffing provided by the Ministry; ensuring the principles of efficiency, simplicity, and non-overlapping;

5. Participate with the Organization - Cadre Department in training, development, appointment, dismissal, commendation, disciplinary action, and policy implementation for cadres and civil servants of their own agency in accordance with the regulations of the vertical system.

Article 3. In cases of necessity, the Minister may assign specific tasks outside the scope of duties and authorities defined in this document to the Department Heads, the Inspector General, and the Director of the Ministry’s Office.

Article 4. For areas of work or tasks involving multiple Ministry agencies, the Minister will only delegate the main agency to assist the Ministry in organizing implementation, while other agencies must participate according to the functions and tasks stipulated in this document;

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

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

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

Chapter II. Functions and Tasks of Departments, Inspectorate and Office of the Ministry of Industry

Section 1. Department of Planning and Investment

Article 6. The Department of Planning and Investment is the advisory body to the Minister, assisting the Minister in performing the State management function over the planning and investment sector of the industrial industry in accordance with the provisions of the law.

Article 7. Main tasks of the Department:

1. Organizing research and building strategies, plans, and development programs for the industrial sector to be submitted to the Government for approval and guiding their implementation after approval by the Government;

2. Elaborating strategies and plans into specific projects for developing industries nationwide, regionally, and locally, ensuring a reasonable economic structure in production, business, investment, import-export, international cooperation, joint ventures, and economic linkages;

3. Implementing statistical work on industrial production according to state regulations; providing timely information and statistical reports to serve the guidance and management functions of the Ministry;

4. Leading the research and submitting to the Ministry for review or participating in reviews at the appropriate level of investment projects, economic-technical justifications, designs, budgets, and joint venture projects with foreign countries related to the industrial sector;

5. Developing policies for industrial development, investment projects in raw material regions, geological survey policies, protection and rational utilization of mineral resources, industrial protection policies, investment policies, international integration policies regarding industry, flood and natural disaster prevention policies... to create a favorable environment for the activities of sectors, localities, and facilities; 6. Compiling and balancing five-year and annual plans (including wartime mobilization plans) of the sector to be submitted to the Government by the Ministry. Monitoring, guiding the implementation of plans, and resolving major balances concerning energy, quotas, investment capital, raw materials... according to the list allocated by the State (if applicable);

7. Coordinating with functional departments to implement and resolve issues related to management reform, shareholding, selling, leasing state-owned enterprises; managing the industry in conjunction with local management and organizing the restructuring of production in accordance with state regulations;

8. Researching and preparing to submit to the Ministry for issuance of practice licenses for professions under its jurisdiction according to government regulations;

9. Serving as the focal point for monitoring and managing foreign-invested enterprises in the industrial sector and coordinating with other departments to address issues within the Ministry's jurisdiction concerning these enterprises;

10. Organizing the management of activities related to independent power projects and rural electrification projects invested by the Ministry of Industry through BOT, BTO, BT models, including from investment promotion, preparation, project evaluation to negotiation, signing contracts, and project management throughout the operation period; organizing the handover of BOT projects;

11. Serving as the focal point for coordinating work with national programs on economy and technology closely related to the industrial sector;

12. Serving as the focal point for establishing and managing economic-technical norms and specialized budget unit prices;

13. Serving as the focal point for monitoring and managing local industry;

14. Acting as the permanent office of the Flood Control Task Force and the National Defense Task Force of the Ministry;

15. Monitoring, compiling, evaluating the situation, and preparing periodic reports on production and business activities across the entire sector.

15. Monitor, compile, evaluate the situation and prepare reports on production-business activities throughout the industry on a regular basis.

Section 2. Financial-Accounting Department

Article 8. The Financial-Accounting Department is the advisory body to the Minister, assisting the Minister in performing state management functions regarding finance, accounting, and prices in the industrial sector as prescribed by law.

Article 9. Main tasks of the Department:

1. Researching and drafting regulations and circulars for the Minister to issue concerning finance, accounting, and prices within the Ministry's authority; participating and proposing to the Ministry of Finance and other ministries on the establishment and issuance of new, amendment, and supplementation of financial systems, taxes, prices, and accounting related to industries under the Ministry's management.

2. Organizing the management of administrative and public service funds.

a) Guiding subordinate units in preparing budgets and analyzing and consolidating them for submission to the competent authority for approval. Based on the approved budget, allocating and disbursing administrative and public service funds to beneficiary units.

b) Directing and guiding subordinate administrative and public service units in implementing financial and accounting management work.

c) Conducting accounting audits, reviewing final accounts of subordinate budgetary units, summarizing and reporting final accounts to the financial authority in accordance with the State's accounting regulations.

3. Organizing the management of state assets:

a) Guiding the registration of quantity and value of state assets used by subordinate administrative and public service units with competent state agencies.

b) Guiding and inspecting subordinate units in implementing state regulations on the use of state assets.

c) Managing state assets belonging to infrastructure and land assigned by the State for use.

d) Summarizing the situation of management and use, data, and current status of the aforementioned types of state assets to provide promptly and fully as required by the State financial management agency.

4. Managing investment capital:

a) Participating in the review and appraisal meetings of investment projects within the Ministry's approval authority.

b) Leading coordination with other Departments to inspect and appraise the final accounts of investment capital of completed projects within their authority, submitting to the Ministry leadership for approval.

c) Participating in the review and appraisal meetings and inspections of the final accounts of investment capital of completed projects as required by the Ministry of Finance.

5. Managing corporate finance:

a) Proposing management systems, measures to stabilize prices, and price-setting plans for products in the economic-technical sectors managed by the Ministry according to the current pricing mechanism.

b) Summarizing the overall financial situation of enterprises in the industry based on certain quarterly and annual financial indicators to analyze, evaluate, and propose macro-management measures to improve corporate financial efficiency to the Ministry leadership. For enterprises facing financial difficulties, proposing measures to the State functional agencies to adjust management, resolve objective difficulties, and create conditions for stable production and business development.

c) Participating in tasks assigned by the Minister such as the supervisory board of a holding company, accounting personnel appointments, reforming and developing state-owned enterprises.

6 - Organizing professional training activities for the cadre of financial-accounting officials in the industry.

Section 3. Department of Technology Management and Product Quality

Article 10. The Department of Technology Management and Product Quality is the advisory body to the Minister, assisting the Minister in performing state management functions over science, technology, environment, and product quality as prescribed by law., technology, environment, and product quality in accordance with the provisions of the law.

Article 11. Main tasks of the Department:

1. Take the lead in researching and building strategies, plans, policies for the development of science, technology, environmental protection, and product quality for the Ministry to submit to the Government for approval or for the Ministry to decide within its authority; organize, direct, and guide implementation after approval by the Government or the Ministry;

2. Organize the construction and submission to the Minister for issuance within his authority of procedures, regulations, standards, economic-technical norms for industries under the Ministry's management;

3. Organize the management of industrial product quality, manage the development of science and technology; science - apply scientific and technological advancements in industries under the Ministry's management;

4. Organize and guide the implementation of national regulatory legal documents, technical-scientific solutions to protect the environment, control and prevent reduce the adverse environmental impacts of industrial activities;

5. Unify the management of standardization, measurement, industrial property, patents, and inventions in industries under the Ministry's management. Coordinate with the Ministry of Science and Technology and Environment and relevant agencies in managing state affairs regarding product quality;

6. Build and direct the implementation of long-term and annual programs and plans on research and application of science and technology, improving product quality, and protecting the environment in the industry; annually regarding research, application of science and technology, improving product quality, and environmental protection in the industry;

7. Participate in reviewing and approving investment projects for industrial construction works; take the lead in reviewing technology, equipment, product quality, and environmental impact assessments for new or renovated industrial construction projects;

8. Organize the network of scientific and technological information, product quality, and environmental data. Direct the work of building and utilizing economic-technical data to serve forecasting, planning, and development programs for science, technology, product quality, and the environment in the industry to support the Ministry's guidance;

Section 4. Department of International Cooperation

Article 12. The Department of International Cooperation is the advisory body to the Minister, assisting the Minister in performing state management functions over international cooperation in the industry as prescribed by law.

Article 13. Main tasks of the Department:

1. Organize research, forecast trends, and build development strategies in the field of international economic cooperation with countries, international organizations, and regions for industries for the Ministry to submit to the Government for approval; direct, guide, and inspect implementation;

2. Study regional markets, foreign individuals and organizations that are partners with economic, training, and scientific-research institutions in industries under the Ministry, particularly focusing on aspects such as legal personality, economic strength, investment capacity, investment mechanisms, import-export quotas of joint ventures, economic cooperation, import-export, quotas, etc., to provide information and guide industries, enterprises, and agencies under the Ministry to establish economic cooperation relationships, negotiate, and sign economic contracts with foreign organizations and individuals;

3. Coordinate with relevant agencies under the Ministry to guide foreign individuals and organizations, Vietnamese investors on implementing laws and regulatory legal documents of the State on foreign investment in Vietnam, preparing and signing joint venture contracts, business cooperation contracts, BOT contracts, implementing investment permits, business licenses, other commitment documents according to Vietnamese law and international practices;

4. Research and draft memorandums, diplomatic notes, agreements, conventions, plans to participate in international organizations, bilateral or multilateral economic relations including relations with non-governmental organizations, working groups of regional and international organizations for the Ministry to conduct contacts, negotiations, and signing of economic, scientific-technological, education, labor cooperation agreements at the government level when authorized;

5. Prepare content and programs for overseas trips of Ministry leaders to be submitted to the Government; report to Ministry leaders on the content, program, and plan for incoming and outgoing delegations;

6. Coordinate with state agencies and economic organizations under the Ministry to examine and guide the handling of complaints, disputes, and violations of Vietnamese and international laws in the implementation of contracts or commitments already signed;

7. Arrange personnel for permanent duty in the bilateral economic cooperation sub-committee at the government level, in cases where the Minister is assigned by the Prime Minister to hold the position of Chairman of the Vietnamese side;

8. Conduct protocol-related procedural work in the Ministry's external activities;

9. Develop projects aimed at tapping financial assistance from countries and international organizations;

Prepare materials and information to promote foreign investment in Vietnam and trade promotion.

10. Permanently handle multilateral cooperation such as ASEAN, ASEM, APEC, UNDP, UNIDO, WTO, EU, WB, ADB, OECD, Mekong River Commission, Chemical Weapons Convention, permanently handle international economic integration...

11. Handle procedures for overseas trips for individuals under the Ministry's management, resolve entry-exit procedures and activities on Vietnamese soil related to the work of foreign guests of the Ministry or subordinate units;

12. Be responsible for budget planning for incoming and outgoing delegations annually of the Ministry and together with relevant units manage this budget source.

Section 5. Department of Organization - Personnel

Article 14. The Department of Organization - Personnel is the advisory body to the Minister, assisting the Minister in performing state management functions regarding organizational work, personnel, training, and labor - salary matters within the industry as prescribed by law.

Article 15. Main tasks of the Department:

1. Researching and building for the Minister to submit to the Government for issuance of Decrees on the functions, responsibilities, authorities, and organizational structure of specialized Departments; guiding and supervising the implementation of these documents.

2. Researching and building proposals for the Ministry to issue the functions, responsibilities, authorities, organization, and staffing of the Departments, the Inspectorate, the Ministry's Office, and subordinate public service units; guiding the functions, responsibilities, authorities, and organizational structures of provincial Industry Departments under central jurisdiction and district, county, city Industry Offices under provincial jurisdiction.

3. Studying and proposing reforms to the administrative apparatus, innovation, and development of state-owned enterprises, supplementing industries... with the aim of continuously improving the management system from the Ministry down to provinces and centrally-administered cities and grassroots levels.

4. Researching and building proposals for the Ministry to approve cadre planning, issuing professional standards for civil servants and state employees in the industrial sector. Managing individual cadres and cadre teams according to the分级管理权限的规定和要求；

5. Guiding units within the industry to properly implement policies and systems for cadres as stipulated by the Party and the State; handling procedures for civil servants according to the分级管理权限的规定；

6. Guiding units within the industry to carry out the management of cadre and civil servant files and records according to the分级管理权限的规定；

7. Cooperating with the International Cooperation Department on personnel going abroad for work;

8. Serving as the permanent body for internal political security protection;

9. Researching and building plans and programs for training and upgrading civil servants, officials, managerial cadres, technical cadres, professional cadres, and skilled technical workers to submit to the Ministry for review and guidance, supervision, and inspection of their implementation. Preparing proposals for the Ministry to participate with the Ministry of Education and Training on strategies, planning, and human resource training programs for the industry;

10. Leading and cooperating with other Departments to implement activities related to training including: planning, allocating training and upgrading quotas for cadres and technical workers, budget allocations according to limits; sending cadres to study both domestically and internationally according to national and Ministry regulations;

11. Researching and building proposals for the Ministry to issue policies and systems for workers in the industrial sector either within its authority or recommending that the Ministry of Labor, Invalids, and Social Affairs issue them; urging and inspecting the implementation of these policies and systems;

12. Submitting to the Ministry plans, norms, unit prices, and wage funds for production and business areas; allocating staffing quotas and wage funds for administrative and public service areas assigned by the State to the Ministry;

13. Implementing statistical work on labor and income of workers;

14. Monitoring health care, labor environment sanitation, and worker health throughout the industrial sector.

 Chapter 6. Legal Department

Article 16. The Legal Department is the advisory body to the Minister, assisting the Minister in legal matters to perform state management functions; serving as the focal point for legal drafting work, reviewing, and scrutinizing draft legal normative documents submitted to the Ministry; systematizing legal normative documents; disseminating and educating about laws, and inspecting the implementation of legal normative documents.

Article 17.Main tasks of the Department:

1. Propose and submit to theMinister for approval the long-term and annual legislative construction programsfor the Ministry of Industry; guide, urge, and inspect the implementation of suchprograms;

2. Review from a legalperspective draft regulatory legal documents prepared by agencies and unitsunder the Ministry before they are submitted to the Minister for signature andissuance or to the Government for issuance;

3. Assist the Minister indrafting or participating in drafting regulatory legal documents assigned(including regulatory legal documents with foreign funding);

4. Serve as the focal pointto assist the Minister in providing comments on draft regulatory legal documentssent for solicitation of opinions by agencies, ministries, sectors, provinces,and centrally governed cities;

5. Regularly organize thereview, systematization, and updating of regulatory legal documents related tothe industry's activities; propose to the Minister solutions for handling thereview results of regulatory legal documents and recommend to the Governmentto suspend the enforcement of provisions in resolutions of People's Councils,decisions, and directives of People's Committees at all levels that contravenelegal regulatory documents of the State and those issued by the Ministry;

6. Organize the disseminationand education of laws within the scope of the industry;

7. Monitor, urge, and inspectthe enforcement of laws and propose to the Minister measures for implementinglaws, preventing, and eliminating violations of laws in the industrial sector;

8. Monitor, guide, and inspectthe legal affairs work of agencies and enterprises in the industrial sector andIndustrial Departments;

9. Perform other legal tasksassigned by the Minister.

Section 7. InspectionDepartment

Article 18. The Inspection Departmentis an agency of the Ministry of Industry and an organization within the nationalinspection system, directly led by the Minister of Industry and professionallydirected by the National Inspector General;

The Inspection Departmentis a specialized agency assisting the Minister in performing inspection functionsfor agencies and units in the industrial sector in implementing managementdecisions of the Minister of Industry and regulatory legal documents of otherstate agencies relevant to the industrial sector.

Article 19. Main tasks of the InspectionDepartment:

1. Inspect the enforcementof policies and laws, primarily and mainly the management decisions of theMinister at state agencies, socio-economic organizations, citizens, agencies,units, and individuals directly managed by the Ministry;

2. Recommend to the Ministerto resolve complaints and denunciations that have been resolved by unit headsbut the complainants still appeal or when discovering signs of law violation inthe resolution process;

3. Guide and inspect unitheads under the Ministry in implementing State Decisions on inspection work,examination, and resolution of complaints and denunciations;

4. Provide guidance oninspection procedures for People's Inspection Committees, inspections by unithead inspectors, and specialized inspections;

5. Coordinate withDepartments and the Ministry Office to develop inspection plans for submissionto the Minister for approval and direct the implementation of approved plans;report regularly to the Minister on inspection results and inform relevantDepartments about the conclusions of the Inspection Team and the Minister'sconclusions on inspection cases; monitor and inspect how units handle mattersaccording to the conclusions and Decisions of the Minister;

6. The powers of theInspector shall be implemented according to Article 9 of the Inspection Ordinanceissued on March 29, 1990.

Section 8. The Office of the Ministry

Article 20. The Office of the Minister serves as the working machinery for the Minister, assisting the Minister in organizing and directing the leadership work and guiding the implementation of the State management tasks of the Ministry over the entire industry sector.

It is responsible for ensuring working conditions and contributing to improving the material and spiritual life of cadres, workers, and staff of the Ministry's agencies.

Article 21. Main tasks of the Office of the Ministry:

1. Assist the Minister in building and implementing short-term and long-term work programs and plans; establish and implement work regulations; prepare comprehensive reports on the activities of the Ministry's leadership, regularly and as required.

2. Organize information-related work to serve the Ministry's leadership; promptly and accurately collect, distribute documents and materials sent to the Ministry to the leadership and other agencies within the Ministry; act as the liaison with mass media organizations; coordinate the preparation of articles, responses to inquiries, and interviews for the Ministry's leadership.

Uniformly manage the issuance of documents by the Ministry of Industry. Effectively carry out archival and record-keeping work for the Ministry's agency; guide and inspect archival and record-keeping work throughout the industry according to the prescribed format by the State, protect state secrets, and official secrets of the Ministry's agency.

3. Organize the announcement and dissemination of decisions made by the Government, Prime Minister, and the Minister; monitor, urge, inspect, and compile situations, and propose measures to effectively implement directives, decrees, decisions, and resolutions of the State and the Ministry for the entire industry.

Monitor and urge competent agencies assigned by the Ministry to prepare documents (including regulatory legal documents, projects, etc.), participate in reviewing contents during the drafting and scrutiny of these documents to ensure compliance with current requirements regarding file formats, procedures, and report to the Ministry's leadership for decision-making.

4. Study and propose to the Minister on issues related to mechanisms, policies, laws, and routine matters within the authority of the Minister that need to be delegated to competent agencies for research and submission to the Minister for consideration and decision.

5. Organize and support meetings, work sessions, and receptions for the leadership; edit and manage files and minutes of conferences, meetings, work sessions, and receptions.

6. Ensure material and equipment conditions to serve the Ministry's leadership and functional agencies; contribute to improving the material and spiritual life of cadres, civil servants, and staff of the Ministry's agency; manage organization, staffing, personnel of the Office of the Ministry; physical infrastructure, assets, administrative operating funds, incidental expenses, extraordinary expenses of the Ministry's agency.

7. Perform protocol and ceremonial duties (domestic and foreign); organize the implementation of holidays and celebrations for the entire Ministry's agency towards localities.

8. Direct and guide office operations for offices of enterprises within the industrial sector.

9. Assist the Ministry in managing the Ministry's Representative Office in Ho Chi Minh City.

Chapter III. Implementation Provisions

Article 22During the implementation of this regulation, if there are issues requiring supplementation or adjustment, heads of units shall report to the Minister for consideration and decision./.