Decree No. 98/2017/NĐ-CP on the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade

DECREE

REGULATIONS ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF INDUSTRY AND TRADE

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to Decree No. 123/2016/ND-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 industry, metallurgy, mining industry and mineral processing, consumer goods industry, food industry, supporting industry, environmental industry, high-tech industry; industrial clusters, small-scale industries, craft promotion; domestic trade; import and export, border trade; development of foreign markets; market management; trade promotion; electronic commerce; commercial services; international economic integration; competition, protection of consumer rights, trade defense; public services in sectors and fields under the state management of the ministry.transferThe 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 on the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, and the following specific tasks and powers:

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. Submit to the Government 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 of the Government, of the ministry, and resolutions, projects, programs

concluded according to the division of labor assigned by the Government, Prime Minister. the total 2. Submit to the Government, Prime Minister for approval and organization of implementation of strategies, plans, programs for long-term, medium-term, and annual development, national target programs, national programs, and important national projects and works in sectors and fields managed by the ministry according to the provisions of the law.

3. Approve strategies, plans, programs for development in sectors and fields under the state management of the ministry, investment projects according to the delegation of authority from the Government, Prime Minister; inspect and guide the implementation after approval.

4. Issue circulars, decisions, directives, and other documents on state management in sectors and fields managed by the ministry; direct, guide, inspect, and organize the implementation of legal normative documents within the scope of management of the ministry; direct and organize the implementation of work on propaganda, dissemination, and education on laws related to industry and trade.

5. Develop national standards, issue technical regulations, economic-technical norms in sectors and fields under the state management of the ministry; organize management, guidance, inspection of product and commodity quality, business activities with conditions under the state management of the ministry according to the provisions of the law.

6. Regarding energy including: electricity, coal, oil and gas, new energy, renewable energy, and other energies; energy use efficiency: chuẩn a) Manage state investment in energy projects within its authority; compile reports on production and business operations in the energy sector;

b) Publish lists of energy projects included in power development plans, coal industry, oil and gas industry, new energy, and renewable energy development plans to attract investment construction;

c) Approve and manage the implementation of power development plans, new energy and renewable energy development plans of provinces and centrally-administered cities; approve cascade hydropower development plans;

d) Approve early exploitation plans at oil and gas fields; general development plans for oil and gas fields; field abandonment plans; decide to revoke 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 associated gas flaring; decide to extend exploration phases according to the provisions of the oil and gas contract; perform other tasks as prescribed by the law on oil and gas;

đ) Direct the preparation and approval of detailed planning for coal regions; planning for exploration, exploitation, and utilization of mud coal nationwide; proposals for supplying coal to thermal power plants;

e) Organize negotiations to sign documents and materials in the energy sector (BOT Contracts, Government Guarantees, Agreements) according to the Law and the Government's authorization;

g) Manage state affairs on energy use efficiency according to the provisions of the law.

b) Direct the preparation of power supply plans, inspect and supervise power supply situations and system operation to ensure balance between supply and demand; research, propose, and manage solutions to achieve balance between supply and demand for power; guide conditions and procedures for suspending power supply, cutting off power, or reducing power consumption; conditions and procedures for connecting to the national power grid;

c) Develop the framework price for average retail electricity prices, mechanisms for adjusting prices, and electricity tariff structures; implement mechanisms and policies on electricity prices;

7. Regarding electricity regulation:

a) Develop rules for competitive electricity market operation and organize their implementation;

d) Define the framework price for power generation, wholesale electricity prices, approve transmission electricity prices, system service fees, dispatching operation fees for the power system and

c) Establishing the framework for the average retail electricity price level, the mechanism for adjusting prices, and the structure of the retail electricity tariff; organizing the implementation of mechanisms and policies on electricity pricing;

d) Specifying the framework for electricity generation prices, the framework for wholesale electricity prices, approving transmission electricity prices, system support service prices, system operation dispatch fees, and construction costs; regulating electricity market transactions; electricity prices for new energy and renewable energy;

d) Resolving complaints and disputes on the electricity market.

8. Regarding issued explosives:

a) State management of precursors, explosive precursors, and industrial explosives in accordance with the provisions of the law; issued substances, precursors under the Convention on the Prohibition of the Development, Production, Stockpiling, Use and Destruction of Chemical Weapons; issued substances used in consumer products; issued 1 The phrase "Circular No. 16/2024/TT-BGDĐT dated November 20, 2024, issued by the Minister of Education and Training" is amended by the phrase "Circular No. 12/2024/TT-BGDĐT dated October 10, 2024, issued by the Minister of Education and Training" according to the Circular No. 7603/BGDĐT-GDĐH dated November 28, 2024 regarding the correction of Circular No. 16/2024/TT-BGDĐT dated November 20, 2024. issued b) State management of the explosives industry; guiding, inspecting, and compiling the situation of the development of the explosives industry

in accordance with the provisions of the law. issued a) Managing and developing mechanical, metallurgical, mining and processing industries, issued g products (excluding g products used as construction materials and cement production), consumer goods industry, food industry, biotechnology industry, supporting industry, electronics industry, high-tech industry in accordance with the provisions of the law;

9. Regarding heavy industry and light industry:

b) Taking the lead and coordinating with relevant ministries and sectors to build and submit mechanisms, policies, and priority product lists for development in industries under the state management of the ministry to competent authorities for issuance;transfera) Building and organizing the implementation of programs and plans to promote small and medium enterprises; managing national SME promotion funds;transferc) Organizing the implementation of activities to develop industrial clusters and infrastructure support programs for industrial clusters in accordance with the provisions of the law;

11. Regarding industrial technical safety;

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:

c) Managing dam safety, industrial explosives safety;

b) Implement activities to develop cottage industries and craft villages;

d) Directing, guiding, and organizing the implementation of emergency response, rescue operations, disaster prevention, and search and rescue activities within the ministry's responsibility.

d) Organize the implementation of tasks to support the development of small and medium-sized enterprises in the industrial and small-scale industrial sectors.

12. Regarding environmental protection and climate change adaptation in the Industry and Trade sector:

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;

a) Implementing legal regulations on environmental protection within the scope of the ministry's management;

b) Directing and guiding the preparation and review of strategic environmental assessment reports and environmental impact assessment reports within the ministry's authority;

c) Taking the lead and coordinating with other ministries, sectors, and localities to develop the environmental industry;

d) Implementing activities to adapt to climate change within the scope of the ministry's state management.

a) Organizing the implementation of mechanisms and policies for domestic trade development and market balance of essential goods for mountainous areas, islands, remote, border regions, and ethnic minorities in accordance with the law; regarding trading methods and types of commercial business as stipulated by the law;

b) Taking the lead and coordinating with other ministries and sectors to direct and regulate commodity circulation;

d) Taking the lead and coordinating with the Ministry of Finance to manage prices for certain goods as stipulated by the law;

13. Regarding domestic trade and markets:

đ) Taking the lead and coordinating with other ministries, sectors, and localities to develop commercial infrastructure (including markets, supermarkets, shopping centers, retail centers, auction houses, commodity exchanges, logistics centers, warehouses, exhibition centers, and retail stores) in accordance with the law.

a) Managing food safety throughout the production, processing, storage, transportation, export, import, and sale of alcoholic beverages, beer, soft drinks, processed milk, vegetable oils, flour and starch products, and other foods as prescribed by the Government;

c) Take the lead and coordinate with other ministries, sectors, and localities to manage and develop commercial services as prescribed by law;

b) Managing food safety

of food containers and packaging materials during food production, processing, and sales within the assigned management scope;

14. Regarding food safety:

c) Managing food safety for businesses operating multiple types of food products under the management of two or more ministries (excluding wholesale markets and agricultural product auctions);

d) Submitting to the Government for issuance of regulations on conditions for food sales at markets, supermarkets, and other forms of commerce as stipulated by the law. for 15. Regarding export and import of goods:

a) Organizing the implementation of mechanisms and policies for export and import of goods, border trade, and development of overseas markets;

b) Managing export, import, temporary import for re-export, temporary export for re-import, transshipment, transit, consignment export, consignment import, agency purchase and sale, processing, and origin of goods;

c) Compiling

situations

of export and import of goods and border trade in accordance with the provisions of the law.

16. Regarding trade defense: a) Organizing the implementation of legal provisions on trade defense including anti-dumping, countervailing measures, and safeguard measures against imported goodsfrom foreign countries into Vietnam;

b) Taking the lead and coordinating with other ministries, sectors, and localities to assist industry associations and enterprises when being investigated and subject to foreign trade defense measures (including anti-dumping, countervailing measures, and safeguard measures) against Vietnamese exports;

c) Exporting 2. Import procedures shall be carried out in accordance with relevant laws and regulations. 17. Regarding e-commerce and digital economy:

a) Guiding and organizing the implementation of plans and programs to develop e-commerce; b) Organizing the implementation of mechanisms to encourage, support, and guide the development of new business models based on e-commerce applications and digital technology; c) Guiding and inspecting the content and conditions for e-commerce activities; managing and supervising e-commerce activities and business models based on digital technology applications in accordance with the law;

c) Carry out tasks related to resolving disputes in trade defense litigation at the World Trade Organization and international organizations.

d) Establishing and operating essential infrastructure for e-commerce; building a common architectural framework and technical platform for business models based on digital technology applications;

đ) Researching, developing, and implementing new technologies to support businesses in connecting through industry cluster linkages, value chains, and international market orientation.

18. Regarding market management:

b) Guiding and inspecting the implementation of legal provisions and handling violations of laws related to trading goods and services in the market and other fields as stipulated by the law;

d) Establishing and operating essential infrastructure for e-commerce; developing a common architectural framework and technical platform for business models based on digital technology applications;

đ) Researching, developing, and implementing new technologies to support businesses in connecting through industry cluster linkages, value chains, with a focus on international market integration.

18. 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 regulations, and handling violations of laws related to trading goods and services in the market and other areas as prescribed by law;

c) Chair and coordinate with ministries, sectors, and localities in anti-smuggling work, production and sale of fake and prohibited goods, commercial fraud, and other violations within the assigned management domain as prescribed by law.

19. On competition and consumer protection:

a) Organize state management in the field of competition, including restrictive competition practices, economic concentration, and unfair competition behaviors as prescribed by law;

b) Organize state management on protecting consumer rights as prescribed by law.

20. On trade promotion:

a) Chair and coordinate with relevant ministries and sectors to develop and implement the annual National Trade Promotion Program and the National Brand Program as prescribed by law;

b) Guide and inspect advertising content and conditions for trade brand, fair, exhibition, promotional activities, product and service display both domestically and internationally as prescribed by law;

c) Manage and monitor the state budget allocation for annual trade promotion activities as prescribed by law;

d) Manage and direct the operations of Vietnam Trade Promotion Offices abroad; manage foreign trade promotion organizations' representative offices in Vietnam as prescribed by law.

21. On international economic integration:

a) Implement mechanisms and policies for international economic integration; disseminate information, guide, and organize the implementation of Vietnam's international economic integration commitments as prescribed by law;

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

c) Represent Vietnam's international economic interests, propose plans, and organize the implementation of rights and obligations related to international 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.

22. On developing overseas markets, regional, and bilateral cooperation:

a) Organize research, negotiation, signing, joining, and enforcement of 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, blocs, and territories;

b) Implement the contents of bilateral cooperation, regional cooperation, and sub-regional cooperation within the ministry's management scope;

c) Chair and coordinate with relevant ministries and agencies to propose establishment, monitor, and implement activities of Vietnam Subcommittees in intergovernmental committees between Vietnam and countries, territories in the fields of trade and industry;

d) Research markets, compile, analyze, and provide policy, legal, and industrial, trade, and merchant information both domestically and internationally to serve the guidance and management of overseas market development; identify and remove obstacles for for Vietnamese enterprises' export and import goods; implement business connection activities to develop overseas markets;

đ) Guide the trade activities of Vietnamese traders abroad;

e) Coordinate with the Ministry of Foreign Affairs to direct specialized trade work for dispatched officials from the ministry at Vietnam's diplomatic missions abroad.

23. Implement state management over foreign investors' business investment and trading presence and economic organizations issue with foreign capital in Vietnam in the industrial and trade sectors as prescribed by law.

24. Issue, adjust, revoke, and extend various permits, confirmation certificates, certification documents, and other forms of documents as prescribed by law within the scope of state management of the ministry.

25. Implement quality management of industrial construction projects under the ministry's state management as prescribed by law.

26. Manage national reserve goods as assigned by the Government.

27. Implement international cooperation in the industrial and trade sectors; carry out industrial and trade cooperation activities with international organizations; establish partnerships with multinational companies; receive and organize management and coordination of foreign ODA and technical assistance in the trade and industry sectors as prescribed by law.

28. On science and technology:

a) Implement the roadmap for scientific and technological development, application of scientific and technological progress, high-tech application, and technological innovation in the Industry and Trade sector;

b) Implement scientific research and technological development activities, new and high-tech application and development, technology market development; evaluate and appraise technologies in areas under the ministry's state management as authorized;

c) Implement standardization, product quality measurement, and intellectual property activities in the Industry and Trade sector.

29. On 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.

30. Exercise ownership rights, responsibilities, and obligations of state-owned enterprises and state capital invested in other enterprises as prescribed by law. for 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.

31. Carry out tasks and powers over associations and non-governmental organizations under the state management of the ministry in accordance with the provisions of the law;

33. 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 as prescribed by law.

33. Deciding and directing the implementation of the administrative reform program of the ministry according to the objectives and content of the state administrative reform program approved by the Government and the Prime Minister;

34. Managing organizational structure, staffing, civil servants, public officials; rewarding, training, and developing human resources in the Industry and Trade sector; implementing salary systems and incentive policies, disciplinary measures for civil servants, public officials under the jurisdiction of the ministry in accordance with the provisions of the law.

35. Financial management, assets entrusted, and organizations implementing allocated budgets in accordance with the provisions of the law.

36. Performing other tasks and exercising other powers assigned by the Government and the Prime Minister, as prescribed by law.

Article 3. Organizational Structure

1. Department of Planning.

2. Department of Finance and Enterprise Reform.

3. Department of Science and Technology.

4. Department of Asian-African Markets.

5. Department of European-American Markets.

6. Department of Multilateral Trade Policy.

7. Department of Domestic Market.

8. Department of Oil and Coal.

9. Department of Energy Saving and Sustainable Development.

10. Department of Organization and Cadres.

11. Legal Department.

12. Inspectorate of the Ministry.

13. Office of the Ministry.

14. General Department of Market Administration.

15. Southern Region Affairs Bureau.

16. Electricity Regulation Bureau.

17. Industry Bureau.

18. Electricity and Renewable Energy Bureau.

19. Competition and Consumer Protection Bureau.

20. Trade Remedies Bureau.

21. Trade Promotion Bureau.

22. Local Industry and Commerce Bureau.

23. Import-Export Bureau.

24. Bureau of Industrial Safety and Environmental Protection.

25. Bureau of E-commerce and Digital Economy.

26. Chemicals Bureau.

27. Institute for Strategy and Industry Policy Research.

28. Industry and Trade Newspaper,

29. Industry and Trade Magazine.

30. Central School for Training and Induction of Industry and Trade Officials.

The organizations specified from Clause 1 to Clause 26 of this Article are organizations assisting the Minister in performing state management functions; the organizations specified from Clause 27 to Clause 30 are public service units serving the state management functions of the ministry.

The Cadre and Civil Service Organization Department shall be organized into four divisions, the Planning Department shall be organized into four divisions, the Legal Department shall be organized into three divisions, the Domestic Market Department shall be organized into four divisions, the Finance and Enterprise Reform Department shall be organized into three divisions, the Science and Technology Department shall be organized into three divisions, the Multilateral Trade Policy Department shall be organized into three divisions, the Asian-African Markets Department shall be organized into three divisions, the European-American Markets Department shall be organized into three divisions, the Oil and Coal Department shall be organized into two divisions, the Ministry Inspectorate shall be organized into seven divisions, and the Ministry Office shall be organized into ten divisions.

The Trade Promotion Bureau shall be organized into an office and five divisions. The Bureau of Industrial Safety and Environmental Protection shall be organized into an office and five divisions. The Trade Remedies Bureau shall be organized into an office and four divisions. The Local Industry and Commerce Bureau shall be organized into an office and four divisions. The Competition and Consumer Protection Bureau shall be organized into an office and five divisions. The Electricity and Renewable Energy Bureau shall be organized into an office and six divisions. The Import-Export Bureau shall be organized into an office, six divisions, and regional export-import management divisions. The Chemicals Bureau shall be organized into an office and two divisions. The Bureau of E-commerce and Digital Economy shall be organized into an office and five divisions. The Industry Bureau shall be organized into an office and four divisions. The Southern Region Affairs Bureau shall be organized into an office and three divisions. The Electricity Regulation Bureau shall be organized into an office and five divisions.

The Minister of Industry and Trade shall submit to the Prime Minister a Decision specifying the functions, tasks, powers, and organizational structure of the General Department of Market Administration; and promulgate a list of other public service organizations directly under the ministry.

The Minister of Industry and Trade shall specify the functions, tasks, powers, and organizational structure of the units directly under the ministry, except for the unit specified in Clause 14 of this Article.

Article 4. Effective date

This Decree takes effect from the date of issuance, replacing Decree No. 95/2012/NĐ-CP dated November 22, 2012 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade.

Article 5. Transitional Provisions

The Market Management Bureau continues to perform its functions and tasks in accordance with current laws until the Prime Minister decides on the functions, tasks, powers, and organizational structure of the General Department of Market Administration.

Article 6. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.