Decree No. 55/2003/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Industry

DECREE

Regulations on functions, tasks, powers

and the organizational structure of the Ministry of Industry

________________

THE GOVERNMENT

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

Pursuant to Resolution No. 02/2002/QH11 dated August 5, 2002 of the National Assembly of the Socialist Republic of Vietnam, the eleventh session, first meeting, listing the ministries and ministerial-level agencies of the Government;

Considering the proposal of the Head of the Cadre and Civil Service Department,

At the proposal of the Minister of Industry and the Minister of Interior,

DECREE:

Article 1. Position and Functions

The Ministry of Industry is a government agency responsible for state management over industry, including: machinery, metallurgy, electricity, new energy, renewable energy, oil and gas, mineral extraction, chemicals (including pharmaceuticals), industrial explosives, consumer goods industry, food industry, and other processing industries throughout the country; managing public services and representing the State's ownership interest in enterprises with state capital within the scope of industries under the Ministry's management as prescribed by law.

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;

The Ministry of Industry performs tasks and powers as stipulated in Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government on the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, and the following specific tasks and powers:

1. Submit to the Government and the Prime Minister draft laws, ordinances, and draft regulatory legal documents of the Government and the Prime Minister concerning industries under the Ministry's management.

2. Submit to the Government and the Prime Minister strategies, master plans, regional and territorial planning, sectoral planning, long-term, five-year, and annual plans concerning industries under the Ministry's management, and important programs and projects of the Ministry.

3. Issuing decisions, directives, circulars within the scope of the Ministry's state management.

4. Direct, guide, inspect, and be responsible for implementing regulatory legal documents, strategies, plans, and policies that have been approved within the scope of the Ministry's management; provide information, propaganda, dissemination, and education on industrial law.

5. Take the lead in reviewing, evaluating, or approving investment projects in industries under the Ministry's management according to the provisions of the law.

6. Manage, direct, inspect, and be responsible for organizing the implementation of technical safety in industry, including: registration, inspection of safety for pressure equipment, lifting equipment, electrical safety, mining and oil and gas exploitation safety (excluding exploration and exploitation equipment and means at sea), chemical safety, industrial explosives safety, and industrial environmental safety according to the provisions of the law.

7. Uniformly manage the issuance, adjustment, revocation, and extension of licenses for power operation, production of cigarette products, business and use of industrial explosives, and other licenses as prescribed by law.

8. On machinery and metallurgy:

a) Lead and coordinate with relevant ministries and sectors to submit to the Government and the Prime Minister for promulgation or promulgate according to their authority mechanisms and policies to support the development of the machinery and metallurgical industries and key mechanical and electromechanical products;

b) Direct and inspect the implementation of strategies, plans, policies for developing the machinery and metallurgical industries, key mechanical and electromechanical products, high-tech products, and the integration of mechanical engineering, automation, and industrial electronics technology;

c) Guide, monitor, and compile the situation of development and market consumption of machinery and metallurgical products.

9. On electricity, new energy, and renewable energy:

a) Submit to the Government and the Prime Minister for promulgation regulations on protecting the safety corridors of high-voltage power transmission lines and power facilities; promulgate according to their authority standards for electrical safety in the management and operation of electrical equipment, procedures, norms, management, operation, and dispatching of the power system;

b) Submit to the Prime Minister for approval of electricity prices for consumers; guide and inspect the implementation of economic and technical standards, budget unit prices for specialized construction in the electricity sector;

c) Announce the list of power facilities to be constructed in the power development plan to attract investment and manage the implementation thereof;

d) Approve the power development plan of provinces and centrally-administered cities; monitor, compile, and adjust the organization and implementation when necessary;

đ) Organize, direct, and monitor the implementation of national energy policy, nuclear power development, and new and renewable energy forms;

10. On oil and gas:

a) Develop and submit to the Government and the Prime Minister for promulgation policies encouraging exploration and exploitation of oil and gas;

b) Submit to the Prime Minister for decision on selecting contractors and partners to sign contracts for exploration, construction, exploitation, and other oil and gas activities according to the law;

c) Lead in inspecting, supervising, and monitoring oil and gas activities;

d) Compile, monitor, report on the development situation and results of exploration, exploitation, and consumption of oil and gas domestically and export;

đ) Decide on other issues within the scope of state management over oil and gas activities according to the division of labor by the Government;

11. On mineral extraction:

a) Lead and coordinate with relevant ministries and sectors to develop and submit to the Prime Minister for approval of planning and plans for mineral extraction based on the approved mineral reserves; monitor, direct, inspect, compile, and report on mineral extraction according to the approved planning and plans;

b) Guide, inspect, and supervise the implementation of measures to ensure safety and protect the environment in mineral extraction activities according to the law.

12. On chemicals and industrial explosives:

a) Lead and coordinate with relevant ministries and sectors to develop and submit to the Government and the Prime Minister for promulgation or promulgate according to their authority policies to support the development of the chemical and industrial explosives industries;

b) Monitor, direct, guide, inspect, compile, and report on the development situation of the chemical industry;

c) Announce the list of types of industrial explosives allowed for use; inspect and monitor the implementation of regulations on the production, import, supply, and use of industrial explosives.

13. On consumer goods industry, food industry, and other processing industries:

a) Chair the coordination with relevant ministries and sectors to build and submit to the Prime Minister for approval planning and development plans for consumer goods, food industries, and other processing industries; direct, guide, and inspect the implementation after approval.

b) Manage the following industries: textiles and garments, leather and footwear, paper, ceramics, glass, plastic, alcohol, beer, beverages, confectionery, milk, vegetable oil, tobacco, flour and starch processing.

c) Monitor, compile, and report on the development situation and the implementation of product quality standards, workplace safety, and labor environment in consumer goods, food, and other processing industries nationwide as prescribed by law.

14. Regarding local industry development:

a) Submit to the Government and the Prime Minister for issuance or issue within their authority mechanisms and policies for developing local industries;

b) Approve or endorse and compile long-term and five-year planning and development plans for local industries in provinces and centrally-administered cities; guide, monitor, and inspect the organization and implementation according to the law;

c) Monitor, compile, and periodically report on the development situation of local industries and the results of promotional activities.

15. Regarding management of industries in industrial zones and export processing zones:

Direct the development of industries in industrial zones and export processing zones according to the approved regional and territorial industrial development strategies, plans, and programs.

16. Implement international cooperation in industries under the Ministry's jurisdiction as prescribed by law.

17. Organize and direct the implementation of scientific research plans, application of technological advancements, and technology in industries under the Ministry's jurisdiction.

18. Decide specific policies and measures and direct the operation mechanism of service organizations in industries under the Ministry's jurisdiction as prescribed by law; manage and direct the activities of affiliated institutions under the Ministry.

19. Perform specific tasks and powers related to representing state ownership interests in state-owned enterprises in industries under the Ministry's jurisdiction, including Vietnam Oil and Gas Corporation and Vietnam Electronics and Information Technology Corporation, as prescribed by law.

20. Administer state management over the activities of associations and non-governmental organizations in industries under the Ministry's jurisdiction as prescribed by law.

21. Conduct inspections, investigations, resolve complaints and grievances, combat corruption and malpractice, and handle violations of law as prescribed by law.

22. Decide and direct the implementation of the Ministry's administrative reform program according to the goals and content of the State administrative reform program approved by the Prime Minister.

23. Manage organizational structure and staffing; direct the implementation of salary systems and incentive, reward, and disciplinary policies for civil servants and employees under the Ministry's jurisdiction; train, develop, and build a cadre of civil servants and employees within their authority; define job titles and technical and professional standards in industries under the Ministry's jurisdiction.

24. Manage finances and assets assigned and organize the implementation of allocated budgets as prescribed by law.

Article 3. Organizational Structure of the Ministry

a) Organizations assisting the Minister in performing state management functions:

1. Department of Machinery, Metallurgy, and Chemicals;

2. Department of Energy and Oil and Gas;

3. Department of Consumer Goods and Food Industries;

4. Department of Planning;

5. Department of Finance and Accounting;

6. Department of Science and Technology;

7. Department of International Cooperation;

8. Department of Legal Affairs;

9. Department of Organization and Cadres;

10. Local Industry Administration Bureau;

11. Industrial Safety and Technical Inspection Bureau;

12. Inspectorate;

13. Office.

b) Scientific and Technological Organizations under the Ministry:

1. Institute for Industrial Strategy and Policy Research;

2. Institute for Mechanical Engineering Research;

3. Institute for Mining and Metallurgy Research;

4. Institute for Electronics, Information Technology, and Automation Research;

5. Food Industry Institute;

6. Institute for Vegetable Oil, Essential Oils, Flavorings, and Cosmetics Research;

7. Information Technology Center;

8. Vietnam Industry Newspaper;

9. Industry Magazine.

The Minister of Industry shall chair and coordinate with the Minister of Home Affairs to develop a restructuring plan for existing research institutes, vocational colleges, secondary specialized schools, vocational training institutions, and other affiliated institutions to be submitted to the Prime Minister for decision.

Article 4. Effective date

This Decree takes effect fifteen days from the date of publication in the Official Gazette, replacing Decree No. 74/CP dated November 1, 1995 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Industry, Decision No. 378/TTg dated June 4, 1997 of the Prime Minister on the functions, tasks, powers, and organizational structure of the Bureau of Industrial Safety and Technical Inspection, and previous regulations that conflict with this Decree.

Article 5. Responsibilities for Implementation

The Minister of Industry, ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and chairpersons of provincial and centrally-administered city people's committees are responsible for implementing this Decree./.