Decree No. 95/2012/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade

DECREE

Regulations on functions, tasks, powers The Government issues this Decree to regulate the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade.

________________________

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

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

At the proposal of the Minister of Industry and Trade;

The Government promulgates the Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade,

Article 1. Position and Functions

The Ministry of Industry and Trade is an agency of the Government, performing state management functions over industry and trade, including sectors and fields such as machinery, metallurgy, electricity, new energy, renewable energy, oil and gas, chemicals, industrial explosives, mining and mineral processing industries, consumer goods industries, food industries and other processing industries, domestic market trade and markets; import and export, border trade, development of foreign markets, market management, promotion of trade, e-commerce, trade services, international economic integration, competition management, application of self-defense measures, anti-dumping measures, countervailing measures, protection of consumer rights; state management of public services in sectors and fields under the state management of the Ministry.

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 and Trade performs tasks and powers as prescribed in Government Decree No. 36/2012/NĐ-CP dated April 18, 2012, stipulating the functions, tasks, powers, and organizational structure of Ministries and equivalent agencies, and the following specific tasks and powers:

1. Submit draft laws, ordinances, draft resolutions, decrees, mechanisms, policies, projects, programs, and other regulatory legal documents on sectors and fields under the state management of the Ministry to the Government according to the division of labor assigned by the Government and the Prime Minister.

2. Submit to the Government and the Prime Minister for approval and organization of implementation of overall development strategies, sectoral and field-specific strategies and plans, regional and territorial planning, national target programs, economic and technical programs, and important projects within the scope of sectors and fields managed by the Ministry.

3. Approve strategies, plans, and programs for development of sectors and fields under the state management of the Ministry, and investment projects according to the分级任务的原因是由于原始文本较长，为了确保准确无误地翻译每一个部分，并保持输出格式的一致性，我将逐一翻译每个段落。以下是第一个段落的翻译结果：

4. Issue circulars, decisions, directives, and other documents concerning state management of industries and sectors under the Ministry's purview; direct, guide, inspect, and organize the implementation of legal normative documents within the Ministry’s scope of management; provide information, propaganda, dissemination, and education on laws related to industry and trade.

5. Develop national standards, issue national technical regulations, and economic-technical norms in industries and sectors under the Ministry's state management; manage, guide, and inspect business activities with conditions in the industry and trade sector according to the list prescribed by the Government and the Prime Minister.

6. Issue, adjust, revoke, and extend licenses for business activities with conditions under the Ministry's state management as stipulated by law.

7. Coordinate with the Ministry of Finance and relevant ministries and sectors to develop plans for national reserves of petroleum products, industrial explosives, and other reserves as prescribed by the Government.

8. Regarding industrial safety technology and environmental protection:

a) Manage, inspect, and organize the implementation of technical safety and environmental protection work in the Industry and Trade sector in accordance with the law;

b) Propose a list of machines, equipment, and materials with strict requirements for occupational safety specific to the Industry and Trade sector for the Ministry of Labor, Invalids, and Social Affairs to promulgate;

c) Issue inspection procedures for machines and equipment with strict requirements for occupational safety specific to the Industry and Trade sector after receiving the review opinion of the Ministry of Labor, Invalids, and Social Affairs;

d) Guide, inspect, and audit the implementation of legal provisions on industrial safety technology and environmental protection within the Ministry's scope of state management;

đ) Take the lead and coordinate with the Ministry of Natural Resources and Environment and relevant ministries and sectors in directing the development of the environmental industry in accordance with the law.

9. Regarding machinery and metallurgy:

a) Develop and inspect the implementation of strategies, plans, policies for the development of the machinery and metallurgy industries, the development of key mechanical, electromechanical, and high-tech products, and the integration of mechanical engineering, automation, and industrial electronics;

b) Take the lead and coordinate with relevant ministries and sectors to build and submit to competent authorities for issuance mechanisms, policies, and lists of priority machinery, metallurgy, electromechanical, automation, and industrial electronic products for development.

10. Regarding supporting industries:

a) Develop and inspect the implementation of strategies, plans, policies for the development of the supporting industry within the Ministry's scope of state management;

b) Take the lead and coordinate with relevant ministries and sectors to build and submit to competent authorities for issuance mechanisms, policies, and lists of priority supporting industry products for development.

11. Regarding electricity, new energy, renewable energy, and efficient energy use:

a) Approve and manage the implementation of power development planning for provinces and centrally-administered cities; publish a list of power projects included in the power development plan to attract investment construction;

b) Approve the cascade hydropower planning, new energy, and renewable energy planning;

c) Implement tasks related to nuclear power, new energy, and renewable energy in accordance with the law;

d) Implement tasks related to power regulation activities in accordance with the law;

đ) Manage the use of energy efficiently and effectively in the assigned field in accordance with the law.

12. Regarding oil and gas:

a) Approve early oil and gas exploitation plans at fields;

b) Decide to reclaim fields if contractors fail to develop and exploit oil and gas within the approved time frame;

c) Decide to permit flaring of associated gas;

d) Summarize and report on the situation of oil and gas development, exploration, production, consumption, and export.

13. Regarding the mining industry and mineral processing (excluding construction materials and cement production):

a) Drafting, submitting to competent authorities for issuance or issuing within their authority consolidated documents of legal regulations on the mining and mineral processing industry;

b) Taking the lead, coordinating with the Ministry of Natural Resources and Environment, relevant ministries and sectors in developing and issuing lists, conditions, and export standards for various types of minerals;

c) Taking the lead, coordinating with the Ministry of Natural Resources and Environment, relevant ministries and sectors in planning exploration, mining, processing, and utilization of various types of minerals; organizing the implementation of strategies, plans, and programs for mining, processing, and utilizing minerals after approval within their authority;

d) Directing, inspecting the implementation of technical standards, economic norms, technology, and occupational safety and health in mining and mineral processing;

14. Regarding chemicals and industrial explosives:

a) Issuing within their authority or submitting to the Government, Prime Minister for issuance of legal regulatory documents on the chemical industry; technical standards on chemical safety; guiding, inspecting, and compiling the situation of chemical industry development; managing the chemical industry according to the provisions of the law;

b) Announcing lists of prohibited and restricted industrial explosives; inspecting the implementation of regulations on the production, export, import, supply, and use of industrial explosives, managing industrial explosives according to the provisions of the law;

15. Regarding food safety; consumer goods industry, food industry, and other processing industries:

a) Issuing or submitting to competent authorities for issuance of legal regulatory documents on food safety, consumer goods industry, food industry, and other processing industries under the Ministry's management;

b) Organizing and inspecting the implementation of strategies, plans, policies for the development of consumer goods industry, food industry, and other processing industries under the Ministry's management;

c) Managing food safety during production, processing, storage, transportation, export, import, and business activities involving alcoholic beverages, beer, soft drinks, processed milk products, vegetable oils, processed flour and starch products, pastries, jams, candies, packaging materials, and other food products under the Ministry's management;

d) Managing food safety at markets, supermarkets, and facilities in the national food reserve and distribution system;

đ) Issuing regulations and inspecting the prevention and control of fake foods and commercial fraud in the market for all types of food, food additives, food processing aids, utensils, and packaging materials;

e) Specifying conditions for testing facilities; designating testing units and verification units; announcing test results for food products under the Ministry's management;

g) Issuing and revoking certificates of compliance with food safety conditions for production, business, reserve, and distribution facilities of food products under the Ministry's management;

h) Issuing certificates confirming advertising content for food products under the Ministry's management. In cases where food advertisements claim health benefits, approval from the Ministry of Health is required;

i) Designating state inspection agencies for imported food safety for products under the Ministry's management;

k) Guiding and inspecting the implementation of legal provisions on food safety, quality standards, and technical regulations for consumer goods, food, and other processing industries under the Ministry's management;

16. Regarding local industry and commerce:

a) Drafting, submitting to competent authorities for issuance or issuing within their authority mechanisms, policies, strategies, plans for the development of local industry and commerce nationwide; guiding implementation after approval;

b) Guiding and inspecting the implementation of management systems, planning for industrial clusters, sectoral planning, regional planning in the field of industry and commerce nationwide;

c) Organizing the dissemination of experiences in production, management, science and technology, investment, training, information provision, exhibitions, trade fairs, product promotion for local industrial and commercial production facilities;

d) Drafting plans, organizing the implementation of measures to promote small-scale industry; managing national funds for promoting small-scale industry according to the provisions of the law;

đ) Compiling comprehensive reports on the development of local industry and commerce nationwide; managing industrial clusters and points in local areas;

17. Regarding domestic trade and markets:

a) Drafting, submitting to competent authorities for issuance or issuing within their authority, organizing the implementation of mechanisms and policies for the development of domestic trade and markets; ensuring balance between supply and demand for essential goods in mountainous, island, and ethnic minority regions according to the provisions of the law; methods of transactions and forms of business according to the provisions of the law;

b) Taking the lead, coordinating with relevant ministries and sectors in directing and regulating the circulation of goods during each period, promoting the development of domestic trade and markets (including both goods and related service markets);

c) Monitoring and inspecting domestic trade and market activities nationwide for goods and services;

18. Regarding import and export of goods, border trade, and development of overseas markets:

a) Drafting, submitting to competent authorities for issuance or issuing within their authority, organizing the implementation of mechanisms and policies for import and export of goods, border trade, and development of overseas markets;

b) Managing import and export, temporary import for re-export, temporary export for re-import, transshipment, transit, agency export, agency import, buying and selling agency, processing, and origin of goods; border trade activities; agency export, agency import, buying and selling agency, processing, and origin of goods.

c) Enact regulations on commercial service activities, foreign distribution services entering Vietnam, and services exiting Vietnam; manage the operations of foreign traders' offices and branches in Vietnam as prescribed by law;

d) Compile the situation and plans for import and export goods and border trade as prescribed by law;

19. Regarding electronic commerce:

a) Take the lead and coordinate with relevant ministries and sectors to submit to competent authorities for approval or promulgate within their authority plans and programs for developing electronic commerce; inspect and guide implementation after approval;

b) Develop and submit to competent authorities for approval or promulgate within their authority mechanisms to encourage, support, and guide the development of electronic commerce;

20. Regarding market management:

a) Guide, inspect, and supervise the implementation of laws on business operations, circulation of goods, commercial activities in the market, export and import goods, and commercial services; handle violations of the law as prescribed;

b) Inspect and supervise the quality of industrial products circulating in the market; coordinate with relevant agencies in inspecting and supervising food safety management within their assigned scope as prescribed by law;

c) Lead and coordinate with industries and localities in combating speculation, smuggling, production and sale of counterfeit and prohibited goods, commercial fraud, and other illegal business activities as prescribed by law;

21. Regarding competition management, trade defense, and consumer protection:

a) Lead and coordinate with relevant agencies and organizations to implement competition regulations, anti-dumping, and anti-subsidy measures; propose trade defense and self-defense measures for Vietnamese exports to foreign countries and imported goods from foreign countries into Vietnam, and protect consumer rights as prescribed by law;

b) Organize investigations, handle, and resolve complaints regarding competition cases; transfer cases involving violations of the Competition Law to competent authorities as prescribed by law;

c) Implement mechanisms, policies, and regulations to protect consumer rights as prescribed by law;

22. Regarding trade promotion:

a) Lead and coordinate with relevant ministries and sectors to develop annual national trade promotion plans and programs; organize, guide, and inspect according to the law;

b) Guide and inspect the content and conditions for commercial advertising, brand promotion, trade fairs, exhibitions, promotions, product displays, and service introductions both domestically and internationally as prescribed by law;

c) Manage state budget resources for annual trade promotion activities;

d) Lead and coordinate with relevant ministries and sectors to implement the National Brand Program as prescribed by law;

23. Regarding international economic integration:

a) Develop and implement mechanisms and policies for international economic integration; provide information, promote, disseminate, guide, and inspect the implementation of Vietnam's commitments to international economic integration;

b) Compile, build proposals, and organize research, negotiation, signing, or joining bilateral, multilateral, or regional international agreements on trade within the scope of their authority as prescribed by law; negotiate free trade agreements; negotiate international economic cooperation agreements and market expansion agreements between Vietnam and other countries, blocs, or territories;

c) Represent Vietnam's economic interests internationally, propose solutions, and implement rights and obligations related to Vietnam's economy and trade at the World Trade Organization (WTO), Association of Southeast Asian Nations (ASEAN), Asia-Pacific Economic Cooperation Forum (APEC), Asia-Europe Meeting (ASEM), and other international economic organizations as assigned by the Prime Minister;

24. Guide the commercial activities of Vietnamese traders abroad, trade promotion organizations, and product introduction centers abroad involving participation by traders and Vietnamese state agencies as prescribed by law; coordinate with the Ministry of Foreign Affairs to manage the professional work of economic and trade departments at Vietnamese representative offices abroad;

25. Compile, analyze, and provide information on industry, trade, markets, and traders both domestically and internationally to serve Party and State agencies and economic organizations;

26. Implement international cooperation in the fields of industry and trade as prescribed by law; act as the focal point for compiling and reporting on the use of official development assistance (ODA) and foreign direct investment (FDI) in the industry and trade sector, and investments by the industry and trade sector abroad;

27. Develop and implement strategies, planning, programs, and timelines for scientific and technological development in the Industry and Trade sector; organize scientific research activities and apply technological advancements in areas under the Ministry's administrative supervision;

28. Regarding public services:

a) Manage state activities in public services within the scope of the Ministry's state management as prescribed by law;

b) Develop and issue standards, procedures, conformity assessment criteria, and economic-technical norms for the organization of public service provision activities in sectors and fields;

c) Guide and support organizations in implementing public services in accordance with the law.

29. Exercise ownership rights, responsibilities, and obligations of the state towards state-owned enterprises and state capital invested in other enterprises as prescribed by law;

30. Perform tasks, powers, and duties towards associations and non-governmental organizations under the Ministry's administrative supervision as prescribed by law;

31. Conduct inspections, investigations, resolve complaints and denunciations, prevent and combat corruption and misconduct, and handle violations of the law within the Ministry's administrative supervision functions;

32. 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 Government and the Prime Minister.

33. Management of organizational structure, staffing, cadres, civil servants, and public officials; implementation of salary systems and incentive policies, rewards, and disciplinary measures for cadres, civil servants, and public officials under the Ministry's jurisdiction as prescribed by law.

34. Financial management of assets assigned and organization of the budget distribution as prescribed by law.

35. Perform other tasks and powers delegated by the Government and Prime Minister and according to the provisions of the law.

Article 3. Organizational Structure

1. Department of Planning.

2. Department of Finance.

5. Legal Affairs Department;

4. The Legal Affairs Department.

5. International Cooperation Department;

6. Department of Human Resource Development.

7. Department of Mobilization and Awards.

8. Department of Science and Technology.

9. Department of Heavy Industry.

10. Department of Light Industry.

11. Department of Domestic Market.

12. Department of Border Trade and Mountainous Areas.

13. Department of Asia-Pacific Market.

14. Department of European Market.

15. Department of American Market.

16. Department of African, West Asian, and South Asian Markets.

17. Department of Multilateral Trade Policy.

18. Inspectorate of the Ministry.

19. Office of the Ministry (with a representative office in Da Nang City).

20. Energy Administration.

21. Market Management Agency.

22. Electricity Regulation Agency.

23. Competition Management Agency.

24. Trade Promotion Agency.

25. Import-Export Agency.

26. Local Industry Management Agency.

27. Industrial Safety and Environmental Technology Agency.

28. E-commerce and Information Technology Agency.

29. Chemicals Agency.

30. Southern Affairs Agency.

31. Institute for Industrial Strategy and Policy Research.

32. Institute for Trade Research.

33. Vietnam Industry and Trade Newspaper.

34. Vietnam Industry and Trade Magazine.

35. Central Training and Refresher Course School for Industry and Trade Cadres.

The organizations specified from Clause 1 to Clause 30 of this Article are organizations assisting the Minister in performing state management functions; the organizations specified from Clause 31 to Clause 35 are service units serving the state management functions of the Ministry.

The following Departments shall establish offices:

Planning Department (04 offices), Legal Department (05 offices), Cadre and Civil Service Organization Department (04 offices), International Cooperation Department (03 offices), Science and Technology Department (04 offices), Human Resource Development Department (03 offices), Finance Department (02 offices), Heavy Industry Department (01 office), Light Industry Department (02 offices), Multilateral Trade Policy Department (04 offices), Domestic Market Department (06 offices), Border Trade and Mountainous Areas Department (03 offices), Asia-Pacific Market Department (04 offices), European Market Department (04 offices), American Market Department (03 offices), African, West Asian, and South Asian Markets Department (03 offices).

The Minister of Industry and Trade shall submit to the Prime Minister for approval the regulations on functions, tasks, powers, and organizational structure of the Energy Administration, and issue a list of other public service organizations directly under the Ministry.

The Minister of Industry and Trade shall prescribe the functions, tasks, powers, and organizational structure of the units directly under the Ministry, except for the unit prescribed in Clause 20 of this Article.

Article 4. Effective date

1. This Decree takes effect from December 26, 2012.

2. This Decree replaces Government Decree No. 189/2007/NĐ-CP dated December 27, 2007, which stipulates the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade, and Government Decree No. 44/2011/NĐ-CP dated June 14, 2011, which amends Article 3 of Government Decree No. 189/2007/NĐ-CP dated December 27, 2007, concerning the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade.

3. All previous provisions contrary to this Decree are abolished.

Article 5. Transitional Provisions

1. The Energy Administration continues to operate according to current regulations until the Minister of Industry and Trade submits to the Prime Minister for decision the functions, tasks, powers, and organizational structure of this unit.

2. The Market Management Agency, Electricity Regulation Agency, and Competition Management Agency continue to operate according to current regulations until the Minister of Industry and Trade decides the functions, tasks, powers, and organizational structure of these units.

Article 6. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.