The Decree 95/2012/nd-Cp: Functions, Tasks, Powers And Organizational Structure Of The Ministry Of Industry And Trade

Original Language Title: Nghị định 95/2012/NĐ-CP: Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Công Thương

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THE GOVERNMENT.
Numbers: 95 /2012/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 12, 2012

DECREE

Functional, task, power. and the organizational structure of the Ministry of Commerce

________________________

Government Law Base December 25, 2001;

Base of Protocol 36 /2012/NĐ-CP April 18, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry, the peer-to-peer body;

At the request of the Minister of Trade;

The government issued a decree regulating the function, duties, powers, and organizational structure of the Ministry of Commerce,

What? 1. Location and function

The Ministry of Commerce is the government ' s agency, which performs state management of industry and commerce, including industries and sectors: mechanics, metallurgy, electricity, new energy, renewable energy, oil, gas, chemicals, industrial explosive materials, industrial materials, and more. Mining and processing of minerals, consumer industry, food industry and other processing industry, trade and domestic markets; export exports, border trade, foreign market development, market management, promotion of market, promotion and other goods. trade, e-commerce, trade services, international economic integration, competitive management, the application of self-defense measures, anti-war prevention, selling price, anti-subsidies, consumer rights protection; state management of public services in industries, the area of the Ministry's state management range.

What? 2. Mission and jurisdiction

The Ministry of Trade performs the mandate, the prescribed powers at the Digital Protocol 36 /2012/NĐ-CP April 18, 2012 the Government provides for the function, duties, powers, and organizational structure of the Ministry, the peer and the duties, the following specific powers:

1. The Government of the Bill of Law, ordinance, resolutions, decrees, mechanisms, policies, projects, projects, other laws of law in terms of sectors, sectors of the Department of State Administration of State Department of State, Prime Minister -No.

2. The Government, Prime Minister approx and organizes strategic implementation, overall development planning; strategy, industry planning and the sector; regional planning, territory and development programs, national target programs, programs, programs, and other programs. Economics-engineering, important projects within sectors of the sector, the Ministry of Management.

3. Strategic approx, planning, programs that develop industries, sectors of the Ministry of State management, investment projects under the devolve and authorization of the Government, Prime Minister; check, guide the implementation after being approved.

4. Board of information, decision, directive, and other texts on state management for the industry, the sector due to the Ministry of Management; direction, guidance, inspection, and organization making law enforcement documents belonging to the Department of Management; information, statement, and information. transmission, disseminism, education and commerce law education.

5. Building the national standard, enact national engineering standards, economic norms-engineering in the disciplines, sector of the Ministry of State management of the Ministry; management organization, guidance, inspection of the business-based business of industry-based business. industry and commerce under the category due to the Government, the Prime Minister stipulated.

6. Level, adjust, recall, renew the license, business paper conditional on the Ministry of State management of the Ministry according to the rule of law.

7. Coordinated with the Ministry of Finance and ministries, the relevant sector planning a national reserve plan on gasoline, industrial detonation materials and other reserves under the Government ' s regulations.

8. On the safety of industrial engineering and environmental protection:

a) Management, examination, organization that performs secure engineering and environmental engineering protection in the Industry of Law as defined by law;

b) Proposition of machine categories, equipment, materials with strict requirements for the safety of the industry ' s particular labor force for the Ministry of Labor-Trade and Social Affairs issued;

c) The regulatory process for the machines, the equipment has strict requirements for the safety of the industry ' s particular labor force after the appraisal of the Ministry of Labor-Trade and Social Affairs;

d) Guide, inspection, inspection of the implementation of the provisions of the law on industrial engineering safety and environmental protection within the Ministry of State management of the Ministry;

Presided over, in coordination with the Ministry of Natural Resources and Environment and ministries, the relevant sector in directing the development of the environmental industry under the rule of law.

9. On mechanics, metallurgy:

a) Construction, examination of the organization of strategic implementation, planning, planning, mechanical engineering development, metallurgy, development of mechanical products, muscle power products, high tech content products, and engineering, and so on. automation, industrial electronics;

b) presided over, in coordination with ministries, the relevant sector construction and qualifications have the authority to enact mechanisms, policies, mechanical product categories, metallurgy, electronic muscles, automation, industrial electronics, priority development.

10. Back to the industry:

a) Construction, examination of the organization of strategic implementation, planning, planning, industry development policy in support of the Ministry of State management;

b) presided over, in coordination with ministries, the relevant sector construction and the authorship of the authority to issue mechanisms, policies, portfolio of industrial products supporting development priorities.

11. In terms of electricity, new energy, renewable energy, using energy savings and efficiency:

a) Appropriation and management of the implementation of the electricity development planning of the provinces, the Central City of China; the publication of the portfolio of electrical works that are under the power development planning to call for construction investment;

b) Approvability of hydropower scale planning, new energy planning and renewable energy;

c) The organization performs tasks on nuclear power, new energy, renewable energy according to the rule of law; and

d) The organization performs tasks that are involved in the operation of electrical regulation in accordance with the rule of the law;.

The management of the efficient and efficient use of energy in the field is administered by law.

12.

a) Approving of early extraction of oil in the mines;

b) The decision to recover the mine in the event of the contractor did not conduct the development of the mine and the oil and gas exploration under the specified regulatory period;

c) The decision to allow the burning of the onion;

d) Overall, reported the development situation and search results, exploration, mining, domestic oil consumption and export.

13. On the mining industry and mineral processing (excluding minerals as building materials and cement production):

a) Build, grant authorship issued or issued pursuits to the jurisdiction of the statutes of the law of the exploitation and processing of the mineral;

b) presided over, in coordination with the Ministry of Natural Resources and Environment, ministries, the related industry and portfolio of categories, conditions and standards-export of mineral types;

c) Chair, in coordination with the Ministry of Natural Resources and Environment, ministries, the interdisciplinary planning of exploration, exploitation, processing and use of mineral types; organization implementing strategies, planning, extraction planning, processing and use of minerals after the end of the year. approved by authority;

d) Guide, examination of the implementation of the regulations, economic-level pricing-engineering, technology, sanitary security in mining and mineral processing.

14. On chemicals, industrial explosive materials:

a) In accordance with authority or government, the Prime Minister enacts the laws of the law of the chemical industry; technical regulation of chemical safety; guidelines, tests, aggregation of the development of chemical industrial development; management of chemical and chemical processes. chemical industry by law;

b) The publication of a catalogue of prohibited industrial explosive materials, limited use; examination of the implementation of regulations on production, export, import, supply, use of industrial explosive materials, management of industrial explosive materials, as prescribed by law.

15. In terms of food safety; consumer industry, food industry and other processing industry:

a) The issued or authorship issued a competent authority issued legislation of law on food safety, consumer industry, food industry, and other processing industry within the Department of State Management;

b) Organization and examination of the implementation of strategy, planning, planning, policy of development of consumer industries, food industry and other processing industry within the Ministry of State management of the Ministry;

c) Food safety management in the process of manufacturing, processing, preservation, transport, export, import, business to alcohols, beer, beverage, processed milk products, vegetable oils, powder processing products, starch, jam, jam, candy, packaging, packaging, etc. packaging contains and other food products within the Ministry of State management of the Ministry;

d) Food safety management for markets, supermarkets and facilities of the reserve system, distribution of food goods;

) Enacted regulations and audits, anti-food fraud, market fraud on the market for all foods, food addits, food-processing aids, tools, packaging materials, food storage;

e) Regulation the basis of testing; specify the test unit and test test unit; publish the test results for food within the Ministry of State management of the Ministry;

g) Level, revoking the certificate of sufficient food safety conditions for manufacturing, business, reserve, distribution of food products within the Ministry of State management of the Ministry;

h) The issuer of the advertising content for food within the Ministry of State management of the Ministry. The case of food advertising that has published a health effect must have the approval of the Ministry of Health;

i) Specify a state inspection agency on imported food safety for products within the Ministry of State management of the Ministry;

l) Guide, examination of the implementation of the provisions of the law on food safety, in terms of standards, the quality of consumer goods products, food industry, and other processing industry within the state management range of the United States. Kit.

16. On the local industry and commerce:

a) Building, the granting of the authority to enact or enact authority under the jurisdiction of mechanisms, policies, strategies, planning, industrial development plans, and local trade within the country; guidelines for deployment after approval;

b) The guide, examination of the implementation of management regulation, industrial cluster development planning, industry planning, region in industry and commerce across the country;

c) The organization is popular with manufacturing, management, technology science, investment, training, information supply, exhibitions, fairs, product promotion for local industrial and commercial production facilities;

d) Build a plan, the organization performs the promotion; management of the funding of national promotion pursuits to the rule of law;

The general aggregate of industrial and commercial development within the country; management of clusters, local industrial points.

17. On Trade and Markets in Water:

a) Construction, authorisation issued or issued by jurisdiction, organization implementing mechanisms, policy on trade and market development in the country; on the guarantee of balance of supply supply, essential items for the mountain, the island, and the United States. Ethnic cells are defined by law; in terms of trading and type of business in accordance with the rule of law;

b) presided over, in coordination with the ministries, the directing industry, the flow of goods circulation in each period, promoting commercial and market development in the country (including the relevant commodity market and associated trade services);

c) Track, inspection of commercial activity and domestic markets across the country for goods, trade services.

18. In terms of import of goods, border trade and foreign market development:

a) Construction, authorisation issued or issued by jurisdiction, organization of mechanisms, policy of import of goods, border trade and market development;

b) Management of export, import, advance, re-export, reintroduction, re-entry, export, process of goods, border trade, border trade, commission of export, export of export, export of import, merchandization, macho, sale of goods;

c) enacted regulations on commercial service activity, foreign distribution services into Vietnam, from Vietnam abroad; operational management of offices, branches of foreign traders in Vietnam under the rule of law;

d) The integration of the situation, plans to export the goods and trade of borders under the rule of law

19. On e-commerce:

a) presided over, in coordination with ministries, the relevant sector, which has the authority to enact or enact by the planning authority, the e-commerce development program; the test, the deployment guide after being approved;

b) Construction, authorship issued or issued under the jurisdiction of the incentive to encourage, support and navigate the development of e-commerce.

20. On market management:

a) Guide, test, control of the implementation of laws of business, circulation of goods, trade activities on the market, goods and operations of export, import, trade services; handling of acts of violation of the law. By statute;

b) Check, control of the quality of industrial goods in circulation on the market; in coordination with relevant agencies in the examination, control of the implementation of food safety management of the field is assigned by law;

c) Chair, coordination activities with industries, localities in combing the investment, smuggling, manufacturing, and trafficking of counterfeit goods, bans, commercial fraud and other business practices regulations of law.

21. In terms of competition management, commercial protection and consumer rights protection:

a) Chair, coordination with agencies, organized organizations implementing regulations on competition, anti-sales, anti-subsidies; proposals to apply trade defense measures and self-defense measures to Vietnam ' s exports. foreign goods, foreign imports of Vietnam and the protection of consumer rights under the rule of law;

b) The organization of the investigation, handling, settlement of the competing cases; the transfer of the authority to the jurisdiction over the breaches of the Law of Competition under the rule of law;

c) The organization performs mechanisms, policies, regulations on the protection of consumer rights as defined by law.

22. In terms of commercial promotion:

a) The Chair, in collaboration with the ministries, which is involved in the planning of planning, the annual national trade promotion program and organization, guidelines, inspection in accordance with the rule of law;

b) Guide, examination of the content, conditions of commercial advertising, trademarks, fairs, trade exhibitions, promotions, displays, introduction of goods, services in and abroad as defined by law;

c) Management of the state budget for annual commercial promotion activities;

d) presided over, in coordination with the ministries, the relevant sector implementing the National Trademark Program under the provisions of the law.

23. On the international economic integration:

a) Construction, organization implementation, international economic integration policy; information, propaganda, dissemination, guidance, examination of the implementation of Vietnam ' s international economic integration commitments;

b) Overall, the construction of the methodology and organization of research, the proposal to negotiate, sign or join bilateral international, multilateral, or regional treaties in the scope of jurisdiction in accordance with the rule of law; negotiate free trade agreements. by; negotiating international economic cooperation agreements, market expansion agreements between Vietnam with countries, countries or territories;

c) International economic interests of Vietnam, proposed methodology and organization exercise rights and obligations concerning Vietnam ' s international economy and trade at the World Trade Organization (WTO), the Association of Southeast Asian Nations (ASEAN), the Forum of Nations and the World Trade Organization (ASEAN). Asia-Pacific Economic cooperation (APEC), the Eurasian Economic Forum (ASEM) and other organizations, international economic forums according to the Prime Minister's division.

24. Guide to the commercial activity of Vietnamese merchants overseas, commercial promotion organizations, the center for the introduction of goods products abroad, and Vietnamese state bodies by law; coordination with the Ministry of Foreign Affairs manages the expertise of the department as an economic, commercial-based business in Vietnam ' s representative agencies abroad.

25. Overall, analysis and provision of information on industry, commerce, markets, domestic and foreign affairs services to party agencies, State and Economic organizations.

26. Implementers international cooperation in the field of industry and commerce under the rule of law; as a joint lead and reporting on the use of ODA capital and foreign direct investment (FDI) into the industry and trade, the investment of the industry. It ' s a commercial and a trade abroad.

27. Build and organize strategic implementation, planning, planning, route of development of the scientific technology industry; the organization that conducts scientific research activities, the application of scientific progress, technology on the areas of the field of management and management. the state of the ministry.

28. Public service:

a) State management of public services in the industry, the field of the scope of the state ' s state management by the rule of law;

b) Build and enact standards, processes, regulations, economic norms-techniques for organizational activities that provide industry, sector;

c) The guide, which supports organizations carrying out public service by the rule of law.

29. Implementers the rights, responsibilities, obligations of state owners to state enterprises and state capital investment in other businesses according to the rule of law.

30. Do the task, the permissions to the assembly, NGOs within the scope of the state ' s state management under the provisions of the law.

31. Inspector, examines the complaint, denounce, denouncing, anti-corruption, negative, and handling of the violation of the law according to the ministry ' s state management function.

32. Decided and directed the implementation of the Ministry's administrative reform program and the content of the state administrative reform program was approved by the Government, the Prime Minister.

33. Manager of the organization of machinery, payroll, cadres, civil officials, officials; carrying out the wage regime and the regimes, the enaberation policy, the communion, the discipline to the cadres, the public, the officer within the Department of Management's jurisdiction.

34. Financial management, property assigned, and organizational implementation of the budget are distributed under the rule of law.

35. perform other duties, other powers led by the Government, the Prime Minister of the Government and by the provisions of the law.

What? 3. Organization Structure

1. The Plan.

2. Financial case.

3.

4. The French case.

5. International Cooperation.

6. Human resource development.

7. Enjoy the Race.

8. Science and Technology.

9. Heavy Industries.

10. Light Industrial.

11. The domestic market.

12. Border and Mountain Trade.

13. The Asia-Pacific Market.

14. The European Market.

15. The American Market.

16. Africa Market, West Asia, South Asia.

17. Multi-border Trade Policy.

18.

19. Ministry office (represented by the Office of the Ministry in Đà Nẵng city).

20. Total Energy.

21. Market Management.

22. Power Investigation Department.

23. The Bureau of Competition Management.

24. Commercial Promotion Department.

25. Import Bureau.

26. Local Industry Service.

27. The Bureau of Safety and Industrial Environment.

28. Electronic Commerce Department and Information Technology.

29. Chemicals.

30. The Southern Bureau of Works.

31. Institute for Strategic Studies, Industrial Policy.

32. Commercial Research Institute.

33.

34.

35. Training School, fostering Central Trade Officer.

Organizations stipulate from paragraph 1 to 30 This are organizations that help the minister perform state management functions; organizations stipulate from paragraph 31 to paragraph 35 are career units serving the Ministry's state management functions.

The following cases are established in the room:

The Plan (04 rooms), the Legal Affairs (05 rooms), the Organisation of Public Affairs (04 rooms), International Cooperation (03 rooms), Science and Technology (04 rooms), Human Resource Development (03 rooms), Financial Case (02 rooms), Heavy Industries (01 rooms), Public Affairs Lightweight (2 rooms), multi-border trade policy (04 rooms), domestic market case (06 rooms), Border and Mountain Commerce (03 rooms), Asia-Pacific Market (04 rooms), the European Market (04 rooms), Market Affairs, Market Affairs and Market Affairs. chow Americas (03 rooms), African Market, West Asia, South Asia (03 rooms).

The Minister of Public Works of the Prime Minister: the provision of functions, duties, powers, and organizational structure of the Energy Directorate, enacted a list of other public career organizations that remain subordinated to the Ministry.

The Minister of Commerce provides for the function, duties, powers, and organizational structure of the unit's subordinated units, except for the provisions of Article 20.

What? 4. Effect of execution

1. This decree has been in effect since December 26, 2012.

2. This decree replaces the Digital Protocol 189 /2007/NĐ-CP December 27, 2007 of the Government stipulated the function, mandate, jurisdiction and structure of the Ministry of Commerce and the Digital Protocol. 44 /2011/NĐ-CP June 14, 2011 by the Government amended Article 3 of the Digital Protocol 189 /2007/NĐ-CP December 27, 2007 the Government provides for the function, duties, powers, and organizational structure of the Ministry of Commerce.

3. Repeal other regulations previously against this decree.

What? 5. The transition clause

1. The Energy Directorate continues to follow the current regulations until the Minister of Public Works by the Prime Minister decides to function, mandate, authority, and organizational structure of this unit.

2. Bureau of Market Management, Department of Power Regulatory Affairs, the Department of Competition Management continues to follow the current regulations until the Minister of Industry decides to function, mandate, authority, and organizational structure of these units.

What? 6.

The Ministers, the Prime Minister, the Head of the Government of the Government, the Chairman of the Provincial People's Committee, the Central Committee of the Central Committee, is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung