Circular No. 4241-TN/TCCB on guiding the functions, tasks, and organization of the commercial management system of provinces, cities, and centrally-administered municipalities.

CIRCULAR OF THE MINISTRY OF TRADE

Guidelines on functions, tasks, and organization of the commercial management system at provincial, municipal, and centrally governed special zone levels

Implementing Decree No. 387/HĐBT dated November 9, 1990 of the Council of Ministers on the functions, tasks, powers, and organizational structure of the Ministry of Trade, with the agreement of the Head of the Government's Organization-Cadre Board, the Ministry of Trade stipulates the functions, tasks, organizational structure of state administrative agencies and business organizations under the trade sector at provincial, municipal, centrally governed special zone levels (hereinafter referred to as provinces), districts, counties, towns (hereinafter referred to as counties) as follows:

I. FUNCTIONS, TASKS, POWERS AND ORGANIZATION OF THE PROVINCIAL DEPARTMENT OF TRADE

The Provincial Department of Trade is established based on the merger of the former Provincial Department of Internal Trade, the Economic External Affairs Office (or Bureau) and the Material Management Section within the People's Committee Office.

Specifically, Ho Chi Minh City and Hanoi may retain the Economic External Affairs Office (or Bureau) to handle foreign investment cooperation, remittance services for overseas Vietnamese, non-governmental aid, diplomatic affairs, etc. The task of managing import-export activities will be transferred to the Provincial Department of Trade.

The Provincial Department of Trade is a specialized agency of the Provincial People's Committee, assisting the committee in administratively managing state affairs within its territorial jurisdiction in areas under the responsibility of the Ministry of Trade.

The Provincial Department of Trade is a subordinate agency, subject to the guidance, direction, and supervision of the Ministry of Trade regarding the management of state affairs concerning commercial and service activities of all economic sectors within the province (including areas such as import-export, material trading, consumer goods, services...).

a. Specific tasks and powers:

1. Developing and submitting to the Chairman of the Provincial People's Committee and the Ministry of Trade for decision-making on programs, goals, planning, and development plans for commerce and services in the province, contributing to the implementation of major balances at the local level.

2. Directing and guiding the implementation of policies, systems, regulations, and state laws on commerce at the local level.

3. Compiling annual and quarterly plans and reporting on the implementation of import-export activities and other business operations of state-owned trading units and business establishments of all economic sectors within the province according to current regulations and sending reports to the Ministry of Trade.

4. Directing and guiding the implementation of market management work in accordance with the state's policy and guidelines, as well as those of the Ministry, for economic sectors at the local level.

5. Studying and proposing to the Chairman of the Provincial People's Committee for consideration and recommending to competent authorities for modification, supplementation, or specific elaboration within their authority as prescribed by law, or abolition of policies, systems, regulations, and laws related to domestic and international trade activities to suit the specific tasks and conditions of the locality.

6. Developing planning and development plans for the trading network, particularly the state-owned trading network and cooperative purchasing and selling networks that are convenient and reasonable, serving production and delivering goods to consumers effectively.

7. Guiding technical business practices, providing economic and technical information of the industry, and applying scientific and technological advancements to business operations to improve service quality, commercial civilization, and business efficiency.

8. Examining and issuing business licenses to state-owned trading units and business establishments engaged in trading activities within the province; reviewing standards and recommending to the Provincial People's Committee about economic units meeting the conditions for direct import-export activities so that the Committee can confirm and recommend to the Ministry of Trade for licensing.

9. Guiding and directing business units to implement industry business orientations, commodity policies, financial management systems, materials, capital, labor, and wages as prescribed by the state, the Ministry, and the Provincial People's Committee.

The Provincial Department of Trade may be authorized by the Provincial People's Committee to directly manage state affairs for state-owned trading organizations and import-export organizations of the locality.

10. Training and enhancing staff skills in management and business techniques; managing staff and production and business organizational structures under the delegation of the Provincial People's Committee.

11. Directing and guiding the summary of competitive movements and rewards, motivating units and individuals with achievements.

12. Conducting regular inspections and audits of trading activities of state-owned trading organizations and trading establishments of various economic sectors, recommending to the Chairman of the Provincial People's Committee and competent authorities to handle violations of policies, systems, and state laws.

b. Organizational Structure of the Provincial Department of Trade.

The Provincial Department of Trade is managed by the Director, assisted by several Deputy Directors.

The Director of the Provincial Department of Trade is responsible to the Minister of Trade and the Chairman of the Provincial People's Committee and the Provincial People's Council for all aspects of the Department's activities.

Based on state policies and systems, regulations of the Ministry, and the Provincial People's Committee, within the scope of delegated authority, the Director of the Provincial Department of Trade issues directives and guidelines for state-owned trading units, establishments, and individual traders to implement. The organizational structure and staffing of the Department are decided by the Chairman of the Provincial People's Committee based on workload, following the principle of simplicity, effectiveness, and sufficient capacity to assist the Provincial People's Committee in directing and managing commercial and service activities in compliance with the law and achieving economic and social benefits.

Each province organizes a market management team to perform the task of inspecting and controlling the market and combating smuggled goods, counterfeit goods, and tax evasion.

AT II. COUNTY (DISTRICT, TOWN) DEPARTMENT OF TRADE

II. COUNTY (DISTRICT, CITY) INDUSTRY AND COMMERCE BUREAU

Districts and counties with well-developed commodity economies and extensive commercial and service networks shall establish Commercial Departments. The Commercial Department is a specialized agency under the People's Committee at the same level, responsible for managing state functions over commercial and service activities within the county area, while also being subject to guidance, direction, and inspection on professional matters from the Department of Commerce.

The main tasks of the Commercial Department are: based on decisions of the County People's Committee, and guided and directed by the Department of Commerce, to propose the issuance of business licenses for non-state economic sectors, to monitor and control the market, to compel all commercial traders to comply strictly with laws, to register their businesses, operate according to their licenses, pay taxes fully, and implement civilized commerce. Participate in building the commercial network planning for the county.

AT Each district and county has a market management team.

III. BUSINESS ORGANIZATION OF STATE COMMERCE ON PROVINCE (CITY) TERRITORY.

NATIONAL ENTERPRISES.

Depending on the economic characteristics, geography, and level of development of production and circulation of goods in each locality, the Chairman of the Provincial (City) People's Committee decides on a suitable commercial business network that achieves economic and social efficiency, reduces circulation costs, and avoids excessive intermediate levels.

Each province should organize only 3 to 4 provincial companies:

A comprehensive trading company (should directly organize retail sales in the provincial capital city).

An import-export company.

A catering and hotel-service company.

A general materials company (depending on local needs, discuss with the Ministry of Commerce about this company).

Business organization at the county level: Each county should organize one comprehensive trading company responsible for trading consumer goods, materials, services, and public catering, organizing purchases and supplying export goods.

For small counties with limited sources of goods, low purchasing power of residents, unprofitable trading companies, and insufficient managerial and business capabilities, it is advisable to dissolve the old company and establish a county-wide comprehensive trading store under the management of the provincial trading company to act as a retail agent, entrusting purchases and sales of consigned goods for production organizations.

For districts in large cities and provincial (city, town) centers, depending on local conditions, reorganize business units to meet the requirements of serving production and people's livelihoods according to the overall provincial (city) plan.

IV. COOPERATIVE PURCHASE AND SALE ORGANIZATION.

Cooperative purchase and sale organizations at the provincial level are under the state management of the Department of Commerce. Summarize the implementation of Decision 194-HĐBT dated December 23, 1988, of the Council of Ministers regarding the reform of the organizational structure and operations of cooperative purchase and sale organizations, draw lessons, and gradually implement the contents stipulated in Decision 194 to eliminate state monopoly, implement socialist business accounting, and transform cooperative purchase and sale activities in accordance with their nature as collective economic organizations.

Based on this Circular, the Departments of Commerce shall study and develop plans to improve the organizational structure of state management agencies and business organizations to be submitted to the Provincial People's Committee for decision.

Previous documents that contradict this Circular are hereby abolished. This Circular replaces Circular No. 7 dated August 31, 1990.

During the implementation process, if there are difficulties, they must be reported promptly to the Ministry for research and resolution, and efforts should be made to complete the organizational restructuring by 1990 to prepare for the 1991 plan./.