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Circular 02/2008/ttlt-Bct-Bnv: A Guide To The Functions, Duties, Powers And Structure Of The Specialized Agencies On Industry And Trade Department Of The Provincial People's Committees, District Level

Original Language Title: Thông tư liên tịch 07/2008/TTLT-BCT-BNV: Hướng dẫn chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của cơ quan chuyên môn về công thương thuộc Uỷ ban nhân dân cấp tỉnh, cấp huyện

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CIRCULAR guide functions, tasks, powers and structure of the specialized agencies on industry and Trade Department of the provincial people's committees, district level pursuant to Decree No. 13/2008/ND-CP DATED April 2, 2008 Government's regulation organization of specialized agencies in the provincial people's Committee , central cities;
Pursuant to Decree No. 14/2008/ND-CP DATED April 2, 2008 Government's regulation organization of professional bodies in the district people's Committee, district, town, city in the province;
Pursuant to Decree No. 178/2007/ND-CP dated 3 December 2007 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies;
Pursuant to Decree No. 189/2007/ND-CP on December 27, 2007 of the Government functions, tasks, powers and organizational structure Industry;
Pursuant to Decree No. 48/2008/ND-CP on April 17, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of the Interior;
Ministry of industry and trade and the Ministry of the Interior guidance functions, tasks, powers and structure of the specialized agencies on industry and Trade Department of the provincial people's committees, district level as follows: part I the DEPARTMENT of INDUSTRY and TRADE I. LOCATION and FUNCTION 1. The Department of industry and trade is the professional body in the province people's Committee, the central cities (hereafter referred to collectively as the provincial people's Committee) has the function of Chief of staff, to help the provincial people's Committee to implement state management functions on industry and commerce, including: mechanical; metallurgy; electricity; new energy; renewable energy; oil and gas (if available); chemicals; industrial explosives; industry, mining and mineral processing; consumer industry; food industry; processing industry; the circulation of goods in the province; export; import; border trade (if any); market management; managed competition; trade promotion; exclusive control; anti-dumping; anti-subsidy, safeguard the interests of consumers; electronic commerce; commercial services; economic integration; cluster management, industrial; promotional activities; the service works in the scope of management of the Department.
2. The Department of industry and trade has a legal personality, a seal and a private account; subject to the direction, management, staffing and organization of the work of the provincial people's Committee, and subject to the direction, inspection, professional guide service of the Ministry of industry and trade. II. DUTIES And POWERS 1. The provincial people's Committee: a) the draft planning, long term plan, 5 year and annually; advocates, policy, programs, measures, specific provisions on the industrial and commercial sector development;
b) draft decisions, directives issued under the authority of the provincial people's Committee on the industrial and commercial sectors;
c) draft regulations, duties, functions, powers and structure of the market management Department in accordance with the instructions of the Government, the industry and the State Management Agency of competent jurisdiction;
d) draft regulations on standards for the position, the Deputy Head of the Department of industry and Commerce units; join the draft standard rules, the title of leader in charge of the industrial and commercial sectors of the industry and Commerce Chamber in the district people's Committee, the Economic Department of the people's Committee of the County, towns and cities in the province.
2. The Chairman of the provincial people's Committee: a) draft decision on the establishment, merger, dissolution of the units owned by The Trader in accordance with the law;
b) draft decisions, in particular directive the authority issued by the Chairman of the provincial people's Committee on the industrial and commercial sector.
3. Instructions, check the implementation of legal documents, policies, planning, plan, project, program and regulations on industrial and commercial development after its approval; information, propaganda, popular, tutorial, education legislation on industrial and commercial sectors.
4. Help the provincial people's Committee evaluating the design basis of the investment project of construction of the industrial and commercial sector development the province according to the hierarchy; appraisal, issued, modified, supplemented, renew and revoke licenses, certification in the scope of responsibility the management of the Department of industry and commerce in accordance with law, the assignment or delegation of the provincial people's Committee.
5. For industry and handicraft a) about the mechanics and metallurgy: implementation planning, planning, policy development, mechanical industry, metallurgy industry, the development of mechanical products, mechanical and electronic products, high technology content, combining mechanical engineering , automation, industrial electronics on the province.
b) On electric power and energy:-implementation planning, electricity development plans, developing the use of new energy, renewable energy on the province;
-Training organization legal knowledge about electricity and use electricity for power unit in the province; training, professional training, career service, electrical safety for staff, technical workers in the rural power management organization;
-Organize the implementation of the scheme the price of electricity in the province after being approved by the authority;
-Coordination with the authorized State bodies performing inspection, specialized inspection of electricity under the provisions of the law.
c) About chemicals, industrial explosives and the type of equipment, there are strict about safe techniques:-implementation planning, planning, development of chemical industry, industrial explosives and the type of equipment, there are strict about safe techniques on the province;
-Hosted, in cooperation with relevant agencies of the checking and handling of breaking the law on the management, use, storage and transport of chemicals, industrial explosives, liquefied gas and other types of machines, devices that require strict on safety techniques as prescribed by law.
d) for industry, mining and mineral processing (except for the minerals and construction materials of cement production):-host implementing the exploration, extraction and processing of minerals in the province after being approved by the authority;
-Implementation planning, planning, policy development, mining and processing of minerals in the province; check the implementation of environmental protection measures, safety regulations in mining and mineral processing in the province.
DD) About consumer industry, food industry and processing industry:-implementation planning, planning, industry development policy after approved, including the: textile-garment-shoes, paper, porcelain, plastic, glass, beer, wine, soft drinks, cigarettes, candy, milk, vegetable oil, flour and starch processing;                                     
-Instructions, check the implementation of the standards, quality standards for industrial products, safety, industrial environment; food safety from production to when put into circulation in the scope of industrial and commercial Facility Management. e) About the promotion:-implementation of programs, plans, local promotional schemes, including the activities undertaken by the national promotional funds and the activities carried out by the local promotional funding sources;
-Training organization, fostering capacity building of organizations make promotional activities for staff working in local promotional.
g) About clusters, industrial, handicraft:-hosted, in cooperation with the relevant agencies in implementation of the program, project, policy, mechanisms, the development plan for small and medium industrial enterprises, collective economic organization (including trades, rural village , the cooperative Department of the industrial and commercial sector); approval of the Charter of the Organization;
-Implementing mechanism, preferential policies to attract investment, import and export, taxation, finance, labor and infrastructure construction, technical clearance, moving production facilities, new construction, industrial clusters, local craft after it is approved.
6. On trade of domestic trade: a)-organization implementing the planning, planning, policy, mechanisms of development of infrastructure networks, wholesale trade, retail, including: the type of market, the commercial center, the system, the system stores, commercial cooperatives , commercial services; commercial agents, franchise and other commercial infrastructure;
-Hosted, in cooperation with relevant agencies to manuals and implementation mechanisms, the policy encourages business network expansion, development organisations linking the circulation of goods, formed the stable channels for circulation of goods from producer to consumer in the province;
-Implementing mechanisms, incentive policies, encouragement, production support, business and life for ethnic mountainous, remote areas of the province (such as providing the essential items, supports the circulation of goods and commercial services);
-Synthesis and processing of the information market on the province level of moving goods, total, total demand, the level of reserves of the circulation and fluctuating prices of essential items, the items of the policy for ethnic mountainous, remote areas. Propose to the authorized regulatory solution the circulation of goods in each period.
b) About export and import:-implementation of policies, plans, programs, and projects to develop and promote the export of goods; development of export services, import of goods in the province;
-Active management of import and export goods of enterprises in the country and businesses invested abroad, foreign traders have no representative in Vietnam on the province.
c) On border trade (for the border):-implementation of the policy of developing border trade, including: sales quota, sectoral trade and cross-border trafficking of traders;

-Coordinating the relevant agencies in general the situation works the gate economic zones; the revised recommendations, additional policies and measures to boost border trade to suit local realities.
d) On electronic commerce:-hosted, in cooperation with relevant agencies to build infrastructure for e-commerce applications on the province;
-Organization of policy implementation, planning, program development, training of human resources serves the eCommerce Manager.
DD) On trade promotion:-implementation of programs, plans, trade promotion schemes to boost exports, support enterprises in the province to build and develop brand Vietnam;
-Implementation and testing, monitoring the registered charity fairs, trade exhibitions, promotion for the traders.
e) on the management of the market:-implementation of market management in the province in accordance with the instructions of the Government, the Industry and the State Management Agency of competent jurisdiction;
-Instructions, check the implementation of the legislation in the field of industrial and commercial organizations and individuals doing business in the province; perform specialized inspections under the provisions of the law;
-Hosted, in cooperation with relevant agencies to fight against smuggling, trafficking in smuggled goods, prohibited the production and trafficking, against counterfeiting, shoddy, rows violating the regulations on intellectual property; against the behavior of the market, speculation, fraud of commercial organizations and individuals doing business in the province.
g) for competition, antitrust, anti-dumping and anti-subsidy, safeguard the interests of consumers: – Guide and organize the implementation of the provisions of the law on competition, antitrust, anti-dumping; anti-subsidy, safeguard the interests of consumers and ensures a healthy competitive environment in the province. Suggest to relevant organs to modify additional regulations, the text was issued does not conform with the law on competition;
-Requested the Organization, individuals in the province, providing information and documents necessary for the implementation of tasks on the provisions of the law on competition, antitrust, anti-dumping and anti-subsidy, safeguard the interests of consumers;
-Collect, build the database, manage, provide information about the business have dominant position on the market, the exclusive business headquartered in the province; about the competition rules of the Association; about the exclusion.
h) Of economic integration:-implementation of plans, programs, specific measures on economic integration and international trade, on the province after being approved;
-Hosted, in cooperation with relevant agencies to disseminate propaganda, guide and implement plans, programmes, regulations, economic integration and international trade.
7. Help provincial people's Committee of management for the State enterprises, collective economic organizations, the private sector; instructions and check the operation of the Association, associations and non-governmental organizations in the field of the local industry and commerce in accordance with the law.
8. The guide, check out the implementation mechanisms of self-reliance, responsibility of the business units in public industrial and commercial management Departments in accordance with the law.
9. Implementation of the international cooperation in the field of industry and commerce in accordance with law and the hierarchy of the provincial people's Committee.
10. professional guide service in the fields of industry and Commerce for the Defence Industry in the district people's Committee, the Economic Department of the people's Committee of the district, town or city in the province.
11. Implementation of the plan of research, the application of scientific advances in the technology, industry and trade in the scope of management of the Department; guide the implementation of the standards, rules, technical-economic norms, quality industrial products; construction of the information system hosting, provides material for industry and Commerce according to provisions of the law.
12. Implementation of the programme of administrative reform of the Department according to the aim and content of the administrative reform of the provincial people's Committee.
13. Inspect, test, handle complaints, violations, accusations; anti-corruption, negative; the practice of saving, waste prevention in the field of industry and commerce in accordance with law or as assigned, decentralization of the provincial people's Committee.
14. the implementation of the public service in the field of industry and commerce in the scope of management of the Department under the provisions of the law.
15. the functions, duties, powers, organizational structure, the relationship of the Organization, business units in the Department; Payroll Manager, salary regimes and policies, policies, training, reward, or discipline for public servants in the scope of management of the Department under the provisions of the law and the hierarchy of the provincial people's Committee.
16. financial management, asset and the implementation of the budget is allocated according to the provisions of the law and the hierarchy of the provincial people's Committee.
17. Perform periodic reports, information and the implementation of programmes, plans, projects to develop local industrial and commercial sector under the provisions of the provincial people's Committee and the Ministry of industry and trade. 18. Perform other duties by the provincial people's Committee and in accordance with the law.
III. ORGANIZATIONAL And STAFFING STRUCTURE 1. Head of the Department of industry and trade has a): Directors and not more than 3 Associate Director; for the city of Hanoi and Ho Chi Minh City 4 Deputy Director.
b) Director is the head of Department, responsible to the provincial people's Committee, Chairman of the provincial people's Committee and before the law of all activities of the Department.
c) Deputy Director of the Department's Director, responsible to the Director of the Department and before the law about the tasks assigned; When the Director is absent, a Deputy Director of the Department was operating Credential Manager operations of the Department.
d) appointing the Director and Deputy Director by the Chairman of the provincial people's Committee decided according to professional standards by the profession, Industry and issued under the provisions of the law. The dismissal, resignation, reward, discipline and other policy regimes for the Director and Deputy Director of the Department to comply to the provisions of the law.
2. Organization structure: a) The professional organization, the Department of industry and trade business:-the Organization was established at the Department of industry and commerce, including: Office, Ombudsman, financial accounting;
The establishment of personnel officers in the Department or Division of organization of officers in the Department Office by the provincial people's Committee decision.
-Established organizations match the characteristics of each locality, including: industrial management; Commercial management; Technical safety-environment; Power management rooms or rooms with a different name.
Based on the nature, characteristics, specific management requirements for the industrial and commercial sectors at the local, Director of Department of industry and trade, in collaboration with the Director of the Department of the Interior the Chairman of people's Committee decided the name and number of specific departments, professional in the Department; but the number of the room, the Office of the Ombudsman, no more than 8 for the province and not more than 9 for the central cities.
Department of industry and Commerce Bureau:-market management Bureau.
Market management agency has legal personality, a seal, a private account and have the management team the market directly by the provincial people's Committee decided in accordance with the law.
c) The business units directly under the Department of industry and trade:-the Encouragement and Counseling Center industrial development;
-Trade promotion center.
The above mentioned career organizations and organizations in other careers (if any) by the provincial people's Committee decided in accordance with the law.
3. Staffing: a) the payroll administration of the Department of industry and commerce by the provincial people's Committee decision in the total staffing of the central province is delivered;
Staffing of administrative management of the market in the total staffing of the Department of the provincial people's Committee.
b) staffing of the unit directly under the Fan by the provincial people's Committee decided according to the norms and provisions of law.
Part II PROFESSIONAL BODIES of INDUSTRY and COMMERCE in the DISTRICT PEOPLE'S COMMITTEE, district, TOWN or city in the i. LOCATION and FUNCTION 1. Chamber of industry and commerce in the district people's Committee or the people's committees in the economic districts, towns and cities in the province (hereinafter referred to as the people's committees at district level) is the professional body which functions, Chief of district-level people's committees to help implement state management of the local industrial and commercial (for other areas in industrial and commercial Rooms or rooms by the economic The corresponding sector management guide).
2. Industry and commerce or Chamber of economy (hereinafter referred to as the room) has a legal personality, a seal and a private account; under the direct management of the people's committees at district level, and subject to the direction, testing and professional guidelines of the Department of industry and trade. II. DUTIES And POWERS 1. The people's Committee of the district level decision, draft directive; planning, long term plan, annual and 5 year on industrial and commercial development; the program, measures the organization performs the tasks of administrative reform in the fields of industry and commerce.
2. The President of the district-level people's committees to draft the texts in the field of industry and Commerce authority issued by the Chairman of the people's Committee at district level.
3. Help people's committees at district level implementation and responsible for the evaluation, registration, the license type in the scope of responsibility and authority of the room according to the provisions of the law and according to the assignment of the people's committees at district level.
4. Help the people's committees at district level governance for collective economic organizations, the private sector; instructions and check the operation of the Association and non-governmental organizations in the fields of industry and Commerce according to provisions of the law.

5. Implementation of the law, the planning, the plan after it is approved; information, advocacy, education, common legislation on industrial and commercial sectors.
6. professional guide service on the trade officers, public officials, Ward, Township of local towns.
7. organizations deploy, the application of scientific and technological progress; construction of the information system hosting service, the management of the State and professional expertise of the room.
8. Perform periodic reports, information and the implementation of the tasks of production activities-business of industrial and commercial disciplines according to the regulations of the people's Committee at district level and the Department of industry and trade. 9. Organization, guide and implement policies to encourage collective economic organizations, private sector investment in industrial development, expansion of production-business; Organization consulting services activities in technology transfer, providing information, promotion and training of human resources for the production facility-business in the fields of industry and commerce.
10. the Chair, in cooperation with the relevant bodies to check, inspect the enforcement of laws on industrial and commercial activities; complaints, accusations; Prevention of corruption and waste in local industrial and commercial activities in accordance with the law and the hierarchy of people's committees at district level.
11. Manage staffing, implementation mode, policy, policies, reward, discipline, training and fostering of professional expertise for the officers, servants, officers and employees in the room in accordance with the law and according to the assignment of the people's committees at district level.
12. financial management, property of the room according to the provisions of the law and the hierarchy of people's committees at district level.
13. Perform a number of tasks due to the people's committees at district level and in accordance with the law.
III. STAFFING And ORGANIZATION 1. Chamber of industry and trade or economic Rooms have head and no more than 3 Deputy head;
Responsible to the head of the people's Committee, Chairman of the people's committees at district level and before the law about the whole operation of the room;
The Deputy head is responsible to the Chief and before the law about the tasks assigned;
The appointment of the Chief and Deputy Chief of the people's Committee by the Chair of the district level decision according to the standard of professional service by the provincial people's Committee issued and according to the provisions of the law. The dismissal, resignation, reward, discipline and other policy regimes for the Chief and Deputy Chief rooms done in accordance with the law.
2. The payroll administration of industry and commerce or Chamber of economy, led by the people's committees at district level in the total payroll of the district are the provincial people's Committee.
Part III IMPLEMENTATION 1. This circular has the effect after 15 days from the date of public notice and replacing circular No. 02/2003/TTLT-BCN-BNV on October 29, 2003 between the Ministry of industry and Ministry of Interior instructed functions, tasks, powers and organization of specialized agencies to help the people's committees to manage state on the local industry; Circular No. 08/2004/TTLT/BTM-BNV on 08 April 2005 between the Ministry of Commerce and Ministry of Interior instructed functions, tasks, powers and organization of specialized agencies to help the people's Committee of the governance of the local trade.
2. provincial people's Committee: a) specifies the duties, powers, organization of the Department of industry and Commerce and people's committees guide the district level specifies the tasks, powers, organisation of the Chamber of industry and commerce or Chamber of economy in the field of industry and Commerce;
b) based on the characteristics, development situation of socio-economic local, decided the establishment, merger, dissolution, separation, reorganization of the professional organizations, professional and business units in the Department for industry and Commerce according to the planning authority for approval and guidance of this circular.
3. The Chairman of the provincial people's Committee is responsible for organizing the implementation of this circular.
In the process, if any problems arise or have difficulties and obstacles, the timely reflection of Industry and the Ministry of Interior to consider, resolve according to jurisdiction./.