Decision No. 50/2011/QD-TTg stipulates the functions, tasks, powers, and organizational structure of the Energy General Department under the Ministry of Industry and Trade.

 

Pursuant to …;

REGULATING THE FUNCTIONS, DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF THE ENERGY GENERAL DEPARTMENT UNDER THE MINISTRY OF INDUSTRY AND TRADE

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, duties, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 189/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, duties, powers, and organizational structure of the Ministry of Industry and Trade, which has been amended and supplemented by Decree No. 44/2011/NĐ-CP dated June 14, 2011 of the Government;

Considering the proposal of the Minister of Industry and Trade,

DECISION:

Article 1. Position and Functions

1. The Energy General Department is a subordinate agency under the Ministry of Industry and Trade, performing the function of advising and assisting the Minister of Industry and Trade in state management and implementing state management tasks regarding the energy industry (including electricity, nuclear power, oil and gas, coal, new energy, renewable energy, and energy conservation); managing and implementing public service activities within the scope of management of the General Department.

2. The Energy General Department has legal personality, maintains a bank account and a seal bearing the National Emblem, with its headquarters located in Hanoi City.

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;

1. Drafting for the Minister of Industry and Trade to promulgate within his/her authority or for the Minister of Industry and Trade to submit to competent state agencies for approval:

a) Draft laws, ordinances, draft resolutions of the National Assembly, draft resolutions of the Standing Committee of the National Assembly, draft decrees of the Government, and draft decisions of the Prime Minister concerning the energy industry;

b) Strategies, sectoral plans, regional plans, territorial plans, long-term and short-term investment development plans concerning the energy industry, national target programs, action programs, projects, proposals, and important defense works concerning the energy industry;

c) National technical standards and national standards in the field of the energy industry;

d) Sector-specific basic standards and economic-technical norms in the field of the energy industry.

2. Issuing professional guidance documents, internal regulations, and other individual documents within the scope of management of the Energy General Department.

3. Directing, inspecting, and organizing the implementation of normative legal documents, strategies, plans, programs, and projects concerning the energy industry after they have been approved or issued by competent authorities.

4. Assisting the Minister of Industry and Trade in state management over construction investment within the authority of the Ministry of Industry and Trade for energy industry projects.

5. Organizing propaganda, dissemination, and education on laws concerning the energy industry.

6. Regarding electric power development:

a) Building and reviewing for the Minister of Industry and Trade to submit to the Prime Minister for approval the strategy for the development of the electricity sector, the national plan for electric power development, and the national plan for the development of new and renewable energy;

b) Reviewing and submitting to the Minister of Industry and Trade for approval the planning for electric power development in provinces and centrally-administered cities, planning for power centers, step-by-step hydropower planning, and small hydropower planning along rivers;

c) Managing and inspecting the implementation of approved electric power development plans;

d) Organizing the selection of investors, negotiating to sign project files, managing and inspecting the implementation of projects, resolving difficulties and disputes related to electric power projects invested under the Build-Operate-Transfer (BOT) model according to the provisions of the law.

7. Regarding nuclear power development:

a) Building for the Minister of Industry and Trade to submit to the Prime Minister for approval the planning for nuclear power plant locations and the development plan for nuclear power plants, selecting locations for nuclear power plants, policies, and mechanisms to ensure fuel supply for nuclear power plants;

b) Building and submitting to the Minister of Industry and Trade for issuance or recognition for application technical regulations for nuclear power units, technical standards and regulations for the management and operation of nuclear power plants; regulations and guidelines on procedures and management of nuclear power plant operating licenses;

c) Organizing training for project management staff, design, manufacturing, construction, installation of nuclear power plants, and training for technical management and operation staff of nuclear power plants according to the assignment of the Minister of Industry and Trade.

8. Regarding new and renewable energy:

a) Building and submitting to the Minister of Industry and Trade for approval the planning for the development of new and renewable energy in provinces and centrally-administered cities; incentive mechanisms and policies for the development of new and renewable energy sources, national target programs on new and renewable energy;

b) Organizing management and inspection of the implementation of national target programs and new and renewable energy development projects.

9. Regarding energy demand management and conservation:

a) Building and submitting to the Minister of Industry and Trade for approval incentive mechanisms and policies for the efficient and economical use of energy, programs, and projects on energy demand management and conservation;

b) Organizing management and inspection of the implementation of national target programs and energy demand management and conservation projects;

c) Building and managing the national energy database.

10. Regarding oil and gas:

a) Building for the Minister of Industry and Trade to submit to the Prime Minister:

- Comprehensive planning for the oil and gas industry, planning for the system of crude oil reserves and petroleum products; policies to encourage exploration, exploitation, processing, and distribution of oil and gas;

- Reports on reserves, overall development plans for oil fields, detailed development plans for oil fields, results of bidding for oil blocks and oil contracts, transfer plans for oil contracts, cooperation plans to implement oil activities in overlapping areas with foreign countries, extension of exploration and production periods or oil contracts, suspension periods for oil contracts in cases of force majeure or special circumstances;

- Lists of oil blocks, demarcation and adjustment of boundaries of oil blocks.

b) Reviewing and submitting to the Minister of Industry and Trade:

- Programs and plans for early exploitation in areas covered by contracts; plans for inspection and handling violations related to the clearance of fixed structures, equipment, and means of service no longer in use for oil and gas activities and environmental restoration as prescribed by law;

- Permitting the flaring of associated gas; recovering the field if the contractor does not develop and exploit the oil and gas field according to the time limit specified in the approved field development plan.

c) Summarize, monitor, and report on the situation of development and results of exploration, exploitation, consumption, and export of oil and gas both domestically and internationally.

d) Manage and inspect the implementation of exploration, exploitation, processing, and distribution projects of oil and gas products, and oil and gas contracts as prescribed by law.

11. Regarding the coal industry:

a) Review to submit to the Prime Minister for approval by the Minister of Industry and Trade the overall planning for the development of the coal industry.

b) Take the lead in building and submitting to the Minister of Industry and Trade:

- Detailed planning for coal regions, planning for coal extraction and utilization across the country;

- Standards, unit prices for the coal industry;

- List, conditions, and criteria for exporting and importing coal;

- Annual production, export, and import plans for coal.

c) Organize management and inspection of the implementation of investment, extraction, export, import, processing, and trading activities of coal in accordance with the law.

12. Implement international cooperation in the energy industry under the Ministry of Industry and Trade's jurisdiction: promote and complete necessary procedures to accept ODA projects for the energy sector; represent Vietnam in bilateral and multilateral international organizations for energy industry cooperation as assigned by the Minister of Industry and Trade.

13. Study and apply scientific and technological progress, manage research programs and topics in the energy field.

14. Organize training and develop human resources to meet the requirements of the energy industry; build and implement mechanisms and policies to attract human resources for the energy industry's activities.

15. Be entitled to request relevant organizations and individuals to provide necessary information and materials for the performance of assigned tasks; be allowed to use domestic and foreign consulting services as prescribed by law.

16. Carry out administrative reform according to the Ministry of Industry and Trade's administrative reform plan.

17. Manage organizational structure and staffing; implement salary systems and incentive, reward, disciplinary, and professional training policies for cadres, civil servants, and employees under the Energy Administration's management in accordance with the law and the Ministry of Industry and Trade's delegated management.

18. Manage financial resources and assets allocated according to the Ministry of Industry and Trade's delegation and the law.

19. Perform advisory and support functions for State Steering Committees of energy projects.

20. Perform other tasks and powers assigned by the Minister of Industry and Trade and as prescribed by law.

Article 3. Organizational Structure

1. Office.

2. International Cooperation Department.

3. Department of Planning and Planning.

4. Department of Thermal Power and Nuclear Power.

5. Department of Hydroelectric Power.

6. Department of New and Renewable Energy.

7. Department of Transmission Grids and Rural Electricity.

8. Department of Science and Technology and Energy Efficiency.

9. Department of Exploration and Oil and Gas Exploitation.

10. Department of Oil and Gas Transportation and Processing.

11. Department of Coal Industry.

12. Department of BOT Power Project Management.

13. Energy Information Center.

14. Energy Training and Consulting Center.

The organizations specified from Clause 1 to Clause 12 of this Article assist the Director General in performing state management functions; the organizations specified from Clause 13 to Clause 14 of this Article are subordinate public service units.

Article 4. Leadership of the General Department

1. The Energy Administration has a Director General and no more than three Deputy Directors General.

2. The Director General and Deputy Directors General of the Energy Administration are appointed, relieved of duty, or dismissed by the Minister of Industry and Trade in accordance with the law.

3. The Director General of the Energy Administration is responsible before the Minister of Industry and Trade and the law for all activities of the Administration. Deputy Directors General are responsible before the Director General of the Energy Administration and the law for the areas of work assigned to them.

4. The Director General of the Energy Administration defines the functions, tasks, powers, and organizational structure of subordinate units; promulgates the operational regulations of the Administration; appoints, relieves of duty, or dismisses leading and managerial staff within the Administration in accordance with the law and the Minister of Industry and Trade's delegated cadre management.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision takes effect from October 25, 2011.

2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for enforcing this Decision.