THE GOVERNMENT
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Number: 96/2022/NĐ-CP SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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Hanoi, November 29, 2022
DECREE
Regulations on the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade
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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;
Pursuant to Decree No.
123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies; Decree No.
101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No.
123/2016/NĐ-CP dated September 1, 2016 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 Ministry of Industry and Trade is an agency of the Government, responsible for state management in industry and trade, including sectors and fields such as electricity, coal, oil and gas, new energy, renewable energy, energy efficiency and conservation,
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 electricity, coal, oil and gas, new energy, renewable energy, chemicals, industrial explosives, mechanical engineering, metallurgy, mining and mineral processing industries, consumer goods industry, food industry, supporting industry, environmental industry, high-tech industry (excluding information technology industry); industrial clusters, small-scale handicrafts, promoting industry; domestic trade; import and export, border trade; logistics services; development of foreign markets; market management; promotion of trade; electronic commerce; trade services; international economic integration; competition, protection of consumer rights; anti-dumping; 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 Decree No.
123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, Decree No.
101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No.
123/2016/NĐ-CP, and the following specific tasks and powers:
1. Submit draft laws, draft resolutions of the National Assembly; draft ordinances, draft resolutions of the Standing Committee of the National Assembly; draft decrees of the Government according to the annual legislative program and plan of the Government, of the Ministry, and the resolutions, projects, programs, and comprehensive summaries assigned by the Government, Prime Minister.
2. Submit to the Government, Prime Minister for approval and implementation of strategies, plans, and long-term, medium-term, and annual development programs; report to the Government, Prime Minister on investment policies for national target programs; submit preliminary feasibility studies for important national projects within the scope of sectors and fields managed by the Ministry according to the law.
3. Approve strategies, plans, programs, and development projects within the scope of sectors and fields under the State management of the Ministry according to the delegation and authorization of the Government, Prime Minister.
4. Issue circulars, decisions, directives, and other documents on State management of sectors and fields under the Ministry's jurisdiction; direct, guide, inspect, and implement regulatory legal documents within the Ministry’s scope of management; direct and organize the dissemination, popularization, and education of laws related to industry and trade.
5. Develop national standards, issue national technical regulations, and economic-technical norms within the scope of sectors and fields under the Ministry’s State management; organize activities related to measurement, intellectual property, and quality management, guidance, and inspection of products, goods, and business operations with conditions within the scope of the Ministry of Industry and Trade according to the law.
6. Regarding energy including: electricity, coal, oil and gas, new energy, renewable energy, and other forms of energy; manage electricity demand, energy conservation, and efficiency:
a) Manage State affairs within the authority regarding energy investment projects; synthesize, analyze, evaluate the situation and results of implementing planning, compile reports on production situations and investment project implementation in the energy sector;
b) Organize the preparation and submission to the Prime Minister for approval of national power development planning and its adjustments; organize the preparation and submission to the Prime Minister for approval of the implementation plan and its adjustments for the national power development planning; organize the implementation of the national power development planning;
c) Approve early exploitation plans at oil and gas fields; general development plans for oil and gas fields; decommissioning plans for oil and gas fields; decide to reclaim oil and gas fields in cases where contractors do not develop and exploit oil and gas according to the approved time frame; decide to allow flaring of associated gas; decide to extend the exploration phase according to the provisions of the oil and gas contract; perform other tasks as prescribed by the law on oil and gas;
d) Carry out State management over the production and distribution of oil and gas (including: gasoline, natural gas, liquefied gas, and other oil and gas products) according to the law;
đ) Carry out State management over the production and trading of coal and supply of coal for electricity production within the scope of the Ministry's State management;
e) Organize negotiations to sign documents and materials in the energy field (BOT Contracts, Government Guarantees, Agreements) according to the law and the Government's authorization;
g) Manage State affairs and organize the implementation of the National Program on Electricity Demand Management, Energy Conservation, and Efficiency according to the law.
7. Regarding electricity regulation:
a) Develop rules for competitive electricity market operation and organize their implementation;
b) Direct the preparation of power supply plans, monitor and supervise power supply situations and system operation to ensure balance between supply and demand; study, propose, and manage solutions to achieve balance between supply and demand; guide conditions and procedures for power disconnection, reduction in consumption, or connection to the national power grid.
c) Chair and coordinate with the Ministry of Finance to develop the pricing framework for the average retail electricity price, the price adjustment mechanism, and the retail electricity tariff structure to be submitted to the Prime Minister for decision; implement the pricing mechanisms and policies;
d) Chair and coordinate with the Ministry of Finance to guide the methods for establishing the power generation pricing framework, wholesale electricity pricing framework, transmission electricity prices, ancillary services system electricity prices, system operation dispatch fees, and electricity market transaction management fees; approve system operation dispatch fees and electricity market transaction management fees after consulting with the Ministry of Finance; approve the power generation pricing framework, wholesale electricity pricing framework, transmission electricity prices, and ancillary services system electricity prices; inspect time-limited power purchase and sale contracts between power generation units and power purchasing units, and time-limited wholesale power purchase and sale contracts according to government regulations;
d) Resolve disputes on the electricity market;
e) Guide and inspect the implementation of legal provisions and handle violations of laws in the field of electricity according to legal provisions;
8. Regarding chemicals and industrial explosives:
a) Manage state administration over chemicals, precursors in the industrial sector, explosive precursors, and industrial explosives; chemicals used in consumer products according to the law; chemicals under the Chemical Weapons Convention prohibiting the development, production, stockpiling, use, and destruction of chemical weapons, and enforce other chemical conventions according to the law; except for types of chemicals and explosive precursors within the military and defense sectors under the jurisdiction of the Ministry of National Defense and within the security sector under the jurisdiction of the Ministry of Public Security;
b) Manage and develop the chemical industry and industrial explosives industry; establish and implement strategies, plans, and projects for developing the chemical industry and industrial explosives industry; guide, inspect, and compile the situation of developing the chemical industry and industrial explosives industry according to the law;
c) Manage research, development, and testing activities of industrial explosives conducted by scientific and technological organizations or industrial explosives manufacturing enterprises;
9. Regarding heavy industry and light industry:
a) Manage and develop the machinery industry, metallurgy industry, mining and mineral processing industry (excluding construction materials and cement production), consumer goods industry, food industry, biotechnology industry, supporting industry, electronics industry (excluding information technology and digital technology industries), and high-tech industry (excluding information technology industry) according to the law;
b) Chair and coordinate with relevant ministries and sectors to develop and submit to competent authorities for issuance mechanisms, policies, and priority product lists for development in industries under the ministry's state administration;
c) Compile and report on the operation of industrial production according to regulations;
10. Regarding promotion of small-scale industries, industrial clusters, and small-scale handicrafts:
a) Establish and implement programs and plans for promoting small-scale industries, manage the national budget for promoting small-scale industries;
b) Implement activities to develop cottage industries and craft villages;
c) Implement activities to develop industrial clusters, coordinate investment promotion in industrial clusters; develop support investment infrastructure programs for industrial clusters according to legal provisions;
d) Organize the implementation of tasks to support the development of small and medium-sized enterprises in the industrial and small-scale industrial sectors.
11. Regarding occupational safety and health:
a) Implement state management over labor safety and hygiene within the scope and authority delegated;
b) Manage technical safety activities within the ministry's management scope;
c) Manage dam safety and hydropower reservoirs under the jurisdiction of the Ministry of Industry and Trade, tailing ponds during mining and mineral processing, and industrial explosives;
d) Direct, guide, and organize the implementation of emergency response, rescue operations, disaster prevention, and search and rescue activities under the ministry's responsibility;
đ) Manage dangerous goods transportation activities within the authorized authority.
12. Regarding environmental protection and climate change response in the industry and trade sector:
a) Implement state administration tasks regarding environmental protection and climate change within the assigned scope and authority;
b) Chair and coordinate with relevant ministries, sectors, and localities to develop the environmental industry;
c) Carry out activities to respond to climate change within the ministry's state administration;
13. Regarding domestic trade and markets:
a) Organize the implementation of mechanisms and policies for developing domestic trade and markets; develop trade and ensure supply-demand balance for essential goods in mountainous areas, islands, remote regions, border areas, and ethnic minorities according to the law; regarding trading methods and business forms according to the law;
b) Take the lead and coordinate with other ministries, sectors to regulate distribution and circulation of goods;
c) Take the lead and coordinate with other ministries, sectors, and localities to manage and develop commercial services as prescribed by law;
d) Chair and coordinate with the Ministry of Finance and relevant ministries and sectors to manage prices for certain goods according to the law;
đ) Chair and coordinate with relevant ministries, sectors, and localities to develop policies for developing commercial infrastructure (including markets, supermarkets, shopping centers, shopping malls, auction centers, logistics centers, warehouses, exhibition centers, and retail stores) according to the law;
e) Administer state management over commodity trading activities through commodity exchanges;
14. Regarding food safety:
a) Manage food safety throughout the production, processing, storage, transportation, export, import, and sales processes for alcoholic beverages, beer, soft drinks, processed milk, vegetable oils, starch-based products, and other foods according to the government's regulations;
b) Manage food safety for food packaging materials and containers during production, processing, and sale of food within the assigned management scope;
c) Manage food safety for establishments that do not engage in production but sell multiple types of food products under the jurisdiction of two or more ministries (except for wholesale markets and agricultural product auctions);
d) State manage food safety for supermarkets, shopping centers, convenience stores, reserve and distribution systems, and other types of facilities as prescribed by law.
15. Regarding export and import of goods:
a) Organize the implementation of mechanisms and policies for exports, imports, cross-border trade, and market development outside the country;
b) Manage exports, imports, temporary imports for re-export, temporary exports for re-import, transshipment, border trade, agency export and import activities, brokerage buying and selling, processing, origin of goods;
c) Aggregate export and import situations and plans and cross-border trade as prescribed by law.
16. Regarding logistics services:
a) Take the lead and coordinate with other ministries, sectors, and localities to build and implement policies and laws on logistics services;
b) Coordinate and support other ministries, sectors, localities, and associations in developing logistics services.
17. Regarding trade defense:
a) Organize the implementation of legal provisions on trade defense including anti-dumping, countervailing duties, and safeguard measures against imported goods from abroad; preventing circumvention of trade defense measures; conducting trade defense investigations;
b) Chair and coordinate with relevant ministries, sectors, and localities to assist industry associations and enterprises when being investigated and subject to trade defense measures (including anti-dumping, countervailing duties, safeguard measures, and preventing circumvention of trade defense measures) by foreign countries on exported Vietnamese goods;
c) Carry out tasks related to resolving disputes in trade defense litigation at the World Trade Organization and international organizations.
18. Regarding electronic commerce and digital economy:
a) Implement state administration over electronic commerce. Chair and coordinate to organize the implementation of strategies, plans, programs for developing electronic commerce, policies, and laws regulating electronic commerce activities;
b) Organize the implementation of mechanisms to encourage, support, and guide the development of new business models based on electronic commerce applications and digital technology applications in the industry and trade sector;
c) Directing, inspecting the content and conditions for electronic commerce activities; managing and supervising electronic commerce activities and business models based on digital technology applications in accordance with the provisions of the law;
d) Establishing and operating essential infrastructure for electronic commerce; building architectural frameworks and common technical platforms for business models based on digital technology applications in the industry and trade sector;
đ) Building and developing electronic commerce infrastructure and digital technology applications in the industry and trade sector, supporting businesses to link through value chains, developing markets to promote export activities;
e) Implementing state management over digital transformation in industries and sectors under the state management of the ministry; developing digital economy in the industry and trade sector.
19. On market management:
a) Taking the lead and coordinating with ministries, sectors, and localities in the construction, organization, and operation of market management forces in accordance with the provisions of the law;
b) Directing, inspecting the implementation of legal provisions and handling violations of laws related to trading goods and services in the market and other fields in accordance with the provisions of the law;
c) Taking the lead and coordinating with ministries, sectors, and localities in anti-smuggling, anti-production and sale of counterfeit and prohibited goods, anti-commercial fraud, and other violations within the assigned management field in accordance with the provisions of the law.
20. On competition and consumer protection, management of multi-level marketing activities:
a) Organizing the implementation of state management over competition; conducting antitrust proceedings, economic concentration control, deciding exemptions from prohibited restrictive agreements, resolving complaints regarding competition case decisions in accordance with the law;
b) Organize the state management of consumer rights protection as prescribed by law;
c) Organize the state management of trading activities under multi-level marketing schemes as prescribed by law.
21. On trade promotion:
a) Taking the lead and coordinating with ministries, agencies at the ministerial level, relevant agencies, and local authorities in building and implementing the National Trade Promotion Program and the National Brand Program in accordance with the law; building and organizing the implementation of trade promotion activities in accordance with the law;
b) Directing, inspecting the content and conditions for advertising, brand, trade fairs, exhibitions, promotions, product displays, and service introductions both domestically and internationally in accordance with the provisions of the law;
c) Manage and monitor the state budget allocation for annual trade promotion activities as prescribed by law;
d) Managing and directing the activities of Vietnam Trade Promotion Offices abroad; managing foreign trade promotion organizations' representative offices in Vietnam in accordance with the law;
đ) Establish, operate, and develop trade promotion infrastructure and digital infrastructure serving trade promotion.
22. On international economic integration:
a) Organizing the implementation of mechanisms and policies for international economic integration; providing information, disseminating, guiding, building programs, plans, and organizing the implementation of Vietnam's commitments to international economic integration in accordance with the law;
b) Compiling, proposing negotiation plans, signing, and joining bilateral, multilateral, or regional international treaties on trade within the scope of authority as prescribed by law, including new negotiations, amendments, expansions, and upgrades of these international treaties; negotiating free trade agreements; negotiating international economic cooperation agreements, market expansion agreements between Vietnam and countries, groups of countries, or territories;
c) Organizing research, proposing plans, organizing coordination, and supervising the implementation of rights and obligations related to international economy and trade of Vietnam at the World Trade Organization (WTO), Association of Southeast Asian Nations (ASEAN), Asia-Pacific Economic Cooperation Forum (APEC), Asia-Europe Meeting (ASEM), Free Trade Agreements (FTA), and other international trade agreements that Vietnam has joined, and other international economic organizations and forums as assigned by the Prime Minister;
d) Organize, coordinate, and supervise the activities of organizations participating in international economic integration as assigned by the Prime Minister.
23. On developing overseas markets, regional and bilateral cooperation:
a) Organizing research, negotiations, signing, joining, and enforcing bilateral or regional international agreements on trade and industrial cooperation within the scope of authority as prescribed by law to expand markets between Vietnam and countries, groups of countries, and territories;
b) Implement the contents of bilateral cooperation, regional cooperation, and sub-regional cooperation within the ministry's management scope;
c) Taking the lead or coordinating with relevant ministries and agencies in proposing the establishment, monitoring, and implementing the activities of Vietnam Subcommittees in intergovernmental committees, joint committees, mixed subcommittees, joint working groups, forums on economy, trade, industry, regional and bilateral cooperation mechanisms between Vietnam and countries, territories in the trade and industry sector;
d) Studying markets, compiling, analyzing, and providing policy and legal information on industry, trade, traders domestically and internationally to serve the guidance and management of developing overseas markets; identifying and removing barriers to the export and import of Vietnamese enterprises' goods; implementing activities to guide market access and business connectivity to develop overseas markets;
đ) Guide the trade activities of Vietnamese traders abroad;
e) Coordinate with the Ministry of Foreign Affairs to direct professional work on trade for ministry staff posted at Vietnam's diplomatic missions abroad as prescribed by law;
g) Serve as the focal point to assist the Government in participating in resolving disputes concerning the application of foreign trade management measures;
24. Implementing state management over the activities of foreign service providers and foreign investors' commercial presence and business investment in Vietnam in the industry and trade sector and in accordance with the law, including:
a) Organizing the implementation of state management over the purchase and sale of goods and related activities directly linked to the purchase and sale of goods by foreign service providers in accordance with the law;
b) Organizing the implementation of state management over foreign traders' representative offices and branches in Vietnam;
c) Implementing state management over foreign service providers' and foreign-invested economic organizations' business investment activities in the service sector under the ministry's management;
25. Implementing the issuance, adjustment, revocation, and extension of various types of permits, certificates, and other forms of documents in accordance with the law within the scope of the ministry's state management.
26. Implement quality management of industrial construction projects under the sector's state management authority in accordance with the provisions of the law.
27. Manage national strategic reserves as assigned by the Government.
28. Carry out international cooperation in the fields of industry and trade; implement industrial and trade cooperation activities with international organizations; build partnerships with multinational companies; receive and organize the management and coordination of Official Development Assistance (ODA) and foreign technical assistance in the fields of trade and industry in accordance with the provisions of the law.
29. Regarding science and technology and innovation:
a) Develop, issue, or submit to competent authorities for issuance and implementation mechanisms, policies, strategies, and plans for the development of science, technology, technological innovation, and technology transfer in sectors and areas under the Ministry of Industry and Trade’s state management;
b) Develop, manage, guide, and implement scientific research programs, high-tech development and application programs, advanced technology programs, digital transformation programs, biotechnology application development programs, and productivity improvement programs in sectors and areas under the Ministry of Industry and Trade’s state management within its authority;
c) Manage, guide, and implement innovation activities; new and high-tech technology application, innovation, and transfer activities; and technology assessment activities in sectors and areas under the Ministry of Industry and Trade’s state management within its authority;
d) Organize the implementation of legal regulations on product quality management, standards, conformity assessment, measurement, intellectual property rights, and inventive activities within the scope of management of the Ministry of Industry and Trade.
30. Regarding public services:
a) Implement state management over public services in sectors and fields under the scope of state management of the ministry 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.
31. Lead in resolving investment disputes arising from contracts, agreements, and commitments with foreign investors negotiated, signed, or on behalf of the State and the Government of Vietnam, led by the Ministry of Industry and Trade.
32. Implement state management tasks regarding statistics, analysis, and statistical forecasting in the industry and trade sector; collect and compile information on national statistical indicators according to the Statistics Law; implement national statistical survey programs within the responsibility of the Ministry of Industry and Trade as stipulated by the Statistics Law and the Prime Minister's Decision; develop and organize the implementation of industry and trade statistical survey programs.
33. Exercise rights, responsibilities, and obligations of the state owner towards state-owned enterprises and state capital invested in other enterprises in accordance with the law.
34. Perform tasks and exercise powers over associations and non-governmental organizations under the Ministry's state management authority in accordance with the law.
35. Conduct inspections, audits, handle complaints and denunciations, prevent and combat corruption, receive citizens, and handle administrative violations according to the Ministry's state management functions; carry out specialized inspection activities in the fields of industry and trade as stipulated by the law.
36. 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.
37. Manage organizational structure, staffing, cadres, civil servants, and public officials; commendation, training, and human resource development in the industry and trade sector; implement salary systems and incentive policies, disciplinary measures for cadres, civil servants, and public officials under the Ministry's management in accordance with the law.
38. Manage finances and assets entrusted; manage and organize the implementation of the Ministry of Industry and Trade's budget estimates in accordance with the State budget law, laws on asset management and utilization, and laws on public investment.
39. Perform other tasks and exercise other powers assigned by the Government and the Prime Minister and as stipulated by the law.
Article 3. Organizational Structure
1. Department of Planning and Finance.
2. Department of Science and Technology.
3. Department of Asian-African Markets.
4. Department of European-American Markets.
5. Department of Multilateral Trade Policy.
6. Department of Domestic Market.
7. Department of Oil and Coal.
8. Department of Energy Efficiency and Sustainable Development.
9. Cadre and Civil Service Organization Department.
10. Legal Affairs Department;
11. Ministry Inspectorate.
12. Ministry Office.
13. General Department of Market Administration.
14. National Competition Commission.
15. Electricity Regulatory Authority.
16. Industrial Department.
17. Electricity and Renewable Energy Department.
18. Anti-Dumping and Countervailing Duties Department.
19. Trade Promotion Department.
20. Local Industry and Trade Department.
21. Import-Export Department.
22. Department of Industrial Safety and Environmental Protection.
23. Department of E-commerce and Digital Economy.
24. Chemicals Department.
25. Institute for Industry and Trade Strategy and Policy Research.
26. Industry and Trade Newspaper.
27. Industry and Trade Magazine.
28. Central Industry and Trade Cadre Training School.
The organizations specified from Clause 1 to Clause 24 of this Article are organizations assisting the Minister in performing state management functions; the organizations specified from Clause 25 to Clause 28 are service units serving the Ministry's state management functions.
The Department of Multilateral Trade Policy shall be organized into three divisions, the Department of Asian-African Markets shall be organized into three divisions, and the Department of European-American Markets shall be organized into three divisions.
The Minister of Industry and Trade shall submit to the Government for promulgation by Decree the functions, tasks, powers, and organizational structure of the National Competition Commission.
The Minister of Industry and Trade shall submit to the Prime Minister for issuance of the Decision on the functions, tasks, powers, and organizational structure of the General Department of Market Administration; and promulgate the list of other public service units directly under the Ministry.
The Minister of Industry and Trade shall stipulate the functions, tasks, powers, and organizational structure of subordinate units of the Ministry, except those specified in Clause 13 and Clause 14 of this Article.
Article 4. Effective date
This Decree takes effect from December 1, 2022; replacing Decree No.
98/2017/NĐ-CP dated August 18, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade.
Article 5. Transitional Provisions
The Competition and Consumer Protection Department shall continue to perform its functions and tasks according to current legal regulations until the Government stipulates the functions, tasks, powers, and organizational structure of the National Competition Commission.
Article 6. Responsibility for Implementation
The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.
Place of Receipt:
- Central Party Committee Secretariat;
- Prime Minister, Deputy Prime Ministers;
- Ministries, ministerial-level agencies, and agencies under the Government;
- Provincial People's Councils, People's Committees of centrally governed cities;
- Central Party Office and Party Committees;
- General Secretary's Office;
- President's Office;
- Ethnic Council and Committees of the National Assembly;
- National Assembly's Office;
- Supreme People's Court;
- Supreme People's Procuracy;
- State Audit Office;
- National Financial Supervisory Commission;
- Social Policy Bank;
- Vietnam Development Bank;
- Vietnam Fatherland Front Central Committee;
- Central Agencies of Social Organizations;
- VPCP: Deputy Chairman, all Vice Chairmen, Assistants to the Prime Minister, Director of the Government Portal, all Departments, Bureaus, subordinate units, Official Gazette;
- To be filed: VT, TCCV (3b). PRIME MINISTER
DEPUTY PRIME MINISTER
DEPUTY PRIME MINISTER
Pham Binh Minh