Decree No. 95/CP On the Functions, Tasks, Authorities and Organizational Structure of the Ministry of Commerce

DECREE

OF THE GOVERNMENT DECREE NO. 95-CP OF DECEMBER 4, 1993 ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF TRADE.

RIGHTS, LIMITS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF TRADE.

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;
Pursuant to Decree No. 15-CP dated March 2, 1993 of the Government regarding the tasks, powers, and responsibilities of state management by ministries and ministerial-level agencies;
CONSIDERING the proposal of the Minister of Trade and the Ministers, Heads of the Office of Organization and Cadres of the Government.

DECREE:

Article 1- The Ministry of Trade is a governmental agency responsible for managing state activities related to trade (including import and export, trading in materials, consumer goods, and commercial services) within all economic sectors throughout the country, including the commercial activities of foreign organizations and individuals operating in Vietnam.

Article 2. - The Ministry of Trade performs the tasks, powers, and responsibilities for state management as prescribed in Decree No. 15-CP dated March 2, 1993 of the Government, and the following specific tasks and powers:

1. Drafting, submitting to the Government for issuance, and issuing within its authority regulations on managing import and export activities:

- Managing quotas for import and export, issuing or revoking business licenses for import and export for economic organizations according to the delegation of the Government.

- Issuing import and export licenses for joint ventures with foreign countries under the Investment Law.

- State management over advisory, brokerage, fair, advertising, product introduction, and other promotional commercial activities both domestically and internationally.

- Coordinating with relevant agencies in reviewing programs and projects for indirect investment in trade.

- Approving economic organizations in Vietnam to send representatives, establish companies or branches abroad, or join international economic organizations.

- Approving foreign economic organizations to establish representative offices or companies or branches in Vietnam.

- Managing and directing the operations of economic and trade representative offices of Vietnam located abroad.

2. Drafting and submitting to the Government for issuance, or issuing within its authority, regulations on managing domestic trade and commercial service activities, plans, and policies for developing economic and trade activities in mountainous areas, highlands, and regions with ethnic minorities.

3. Organizing and directing the implementation of scientific research plans, application of scientific and technological advancements in trade activities.

4. Organizing the reception, processing, and provision of various types of economic and trade information domestically and globally to serve government guidance and economic organizations.

5. State management over measurement and quality control of goods in trade activities within the scope managed by the Ministry of Trade across the national market.

6. Guiding and directing local state management agencies on trade-related professional matters.

Article 3- The organizational structure of the Ministry of Trade includes:

1. Organizations assisting the Minister in performing state management functions:

1. Department of Import and Export.

2. Department of Planning and Statistics.

3. Department of Investment.

4. Department of Mountain Market Policy.

5. Department of Urban and Rural Market Policy.

6. Department of Market Management.

7. Department of Asia-Pacific Market Policy (referred to as Department I).

8. Department of Europe-America Market Policy and International Economic Organizations (referred to as Department II).

9. Department of Africa-Southwest Asia and Central-Eastern Middle East Market Policy (referred to as Department III).

10. Department of Science.

11. Legal Affairs Department.

12. Finance and Accounting Department.

13. Department of Organization and Cadres.

14. Inspectorate.

15. Office.

16. Bureau of Product Quality Control and Measurement.

17. Economic and Trade Representative Offices of Vietnam Abroad.

2. Public Service Organizations:

1. Institute of Economics and Technical Commerce.

2. Institute of Foreign Economic Relations.

3. Other public service units (with attached appendices) organized by the Minister of Trade and submitted to the Prime Minister for decision after receiving written opinions from relevant agencies and the Government's Office of Organization and Cadres.

3. State-owned enterprises directly under the Ministry shall be reorganized according to Decree No. 388-HĐBT dated November 20, 1991 of the Council of Ministers and submitted to the Prime Minister for decision.

The Minister of Trade shall specify the tasks, powers, and staffing of subordinate units within the total approved staffing of the Ministry.

Article 4. - The Ministry of Trade is led by the Minister, assisted by Deputy Ministers.

The Minister of Trade is responsible before the National Assembly and the Prime Minister for the entire work of the Ministry. Deputy Ministers are responsible before the Minister for the assigned work.

Article 5. - This Decree takes effect from the date of issuance. Decree No. 387-HĐBT dated November 9, 1990 of the Council of Ministers on the functions, tasks, powers, and organization of the Ministry of Commerce and other previous provisions contrary to this Decree are hereby repealed.

Article 6. - The Minister of Trade, Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of People's Committees of provinces and centrally-administered cities are responsible for implementing this Decree.

ANNEX: PUBLIC SERVICE ORGANIZATIONS UNDER THE MINISTRY OF TRADE
(Attached to Government Decree No. 95-CP dated December 4, 1993).