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Decree 189/2007/nd-Cp: Functions, Tasks, Powers And Organizational Structure Of The Ministry Of Industry And Trade

Original Language Title: Nghị định 189/2007/NĐ-CP: Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Công Thương

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Pursuant to the law on organization of the Government of 25 December 2001;

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;

Considering the recommendation of the Minister of industry and trade and the Minister of the Interior, the DECREE: article 1. The position and function of Industry is the Agency of the Government, the functions of State administration of industry and commerce, including the sectors: mechanical engineering, metallurgy, electricity, new energy, renewable energy, oil and gas, chemicals, explosives, industrial, industry, mining and mineral processing industrial, consumer, food industry and other processing industries, the circulation of goods in the country; import and export, market management, promotion of trade, Commerce, service trade, economic integration and international trade, competition management, exclusive control, apply the safeguard measures, anti-dumping, anti-subsidy, safeguard the interests of consumers; governance of public services in the field of industry, in the scope of management of the State.

Article 2. The mission and Ministry of industry and Commerce authority duties and powers prescribed in Decree No. 178/2007/ND-CP dated 3 December 2007 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies and those duties, the following specific powers : 1. The Government of the project laws and ordinances, the draft resolutions, decrees, mechanisms, policies, legal documents about the majors, the field in the scope of the State management as assigned by the Government, the Prime Minister.

2. The Prime Minister for approval and implementation strategy, the overall development planning; strategy, planning and industry sectors; the Planning Department and the territory development programme, national target programs, the technical-economic programs, projects and other important legal documents in the field of industry, due to The management.

3. Approves the strategy, planning, development programs and industry sectors in the scope of the Ministry of State administration, the region, the territory according to the hierarchy and authorized by the Government, the Prime Minister.

4. Issuing of decisions, directives, circulars; steer, guide, test and implement the legal text in the scope of management of the Ministry; information, advocacy, education, common law on industry and trade.

5. building standards, issuing process, standards, technical-economic norms in the field of industry, in the scope of the governance; the organization manages, guides, check for business conditions in the industry and trade by category by the Government, the Prime Minister specified.

6. Host evaluation or approval, inspection, monitoring the implementation of investment projects in the commercial and industrial sectors in the scope of management.

7. Providing, adjustment, recovery, renewal of license on electricity, chemicals, industrial explosives, manufacturing cigarettes and other kinds of licenses, certificates, other registration certificate under the provisions of the law.

8. In collaboration with the Ministry of finance plans to build national reserves of petroleum, industrial explosives, the seeds of the cotton plant and the other reserves prescribed by the Government.

9. industrial engineering safety: a) the management, direction, inspection, is responsible for the Organization of the safety techniques in the industry; the environmental protection industry under the rule of law;

b) category of machines, equipment, materials, strict requirements on occupational safety in the industry, administration area, suggested the Ministry of labor, invalids and social unity;

c) formulated and issued for the accreditation process, the device has a strict labor safety in the scope of the Department's governance, after the evaluation of the opinion of the Ministry of labor, invalids and Social Affairs;

d) building and issued operational conditions, criteria for auditing organizations in carrying out auditing activities in the air, the device has a strict labor safety in the scope of the Department's governance, after the evaluation of the opinion of the Ministry of labor, invalids and Social Affairs;

b) instructions, inspection, inspection of the implementation of the provisions of the law on safety for machinery, equipment, materials, strict requirements on occupational safety.

10. About the mechanics, metallurgy: directing and inspect the implementation of strategy, 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.

11. About power, new energy, renewable energy: a) approval of the electricity development plan of the province or city directly under the Central Government; publish your Works portfolio in electricity development plan calling for investment to build and manage the implementation;

b) approving the planning ladder hydroelectric power, new energy planning and renewable energy;

c) Organization directs and performs the tasks of atomic power, new energy, renewable energy;

d) issued regulations on creation, evaluation, opinions, browse the retail price of electricity.

12. oil and gas: About a) approved the plan early exploitation of oil and gas in the mines;

b) decided to revoke the mine in case contractor not conducted of mining development and exploitation of oil and gas under the allotted time has been approved;

c) decided to allow burned gas;

d) compilation, track, report on the situation development and the results of the search, exploration, mining, oil and gas consumption in the country and export.

13. In industry, mining and mineral processing (except for the minerals and construction materials of cement production): a) building, the competent authority issued or issued under the authority of the legal texts on industrial extraction and processing of minerals;

b) direction, implementation planning, planning the exploitation, processing and use of minerals after approval;

c) Organization directs, guides, tests, monitoring the implementation of the standard rules, the technical-economic norms, technology, safety, hygiene, environmental protection in mining and mineral processing;

d) organization design basis of the investment project in the works, mining, mineral processing;

DD) category, the conditions and standards prohibiting the export of minerals, mineral export restrictions as specified by law.

14. Regarding chemicals, explosives industry: a) monitor, steer, guide and check, general situation of chemical industry development;

b) announced the list of industrial explosive materials prohibited, restricted use; check the implementation of the regulation on the manufacture, import, supply, use of industrial explosives.

15. Of the consumer industry, food industry and processing industry: a) check, monitoring investment for investment projects in the consumer industry and food under the provisions of the law;

b) directing and inspect the implementation of strategy, planning, planning, development policy the consumer industry and food industry;

c) Guide, examine the implementation of the standards, technical standards on the quality of industrial products, safety, industrial environment; food safety from the import of raw materials to manufacturing, food processing within the governance of the Ministry before being launched in the domestic market and for export.

16. industrial development and local trade: a) the construction, the authority issued or issued under the authority of the mechanisms, policies, strategy, planning, planning in local industrial development;

b) synthesis of the local industrial development and management, industrial clusters at the district level and the local industrial enterprises;

c) Guide, test, monitor the implementation of the sectoral planning Department of the industrial and commercial sectors on nationwide;

d) enact mechanisms to encourage and support industrial development orientation and local trade in the scope of the management;

DD) Organization disseminating experience of production, management, science and technology, investment, training, provision of information, exhibition, fair, promote products for the manufacturing industry and the local trade;

e) construction program, plan, manage national promotional funds.

17. Regarding the circulation of goods in the country of export, import: a) implementation mechanisms, the development of domestic trade, export, import, trade, borders, domestic commodity circulation, ensuring the essential items for the mountains, Islands and ethnic;

b) presiding, in cooperation with the Ministry of industry, directing, regulating the circulation of goods in each period, ensuring the balance of supply and demand, balance of trade, developing stable commodity markets, especially the essential items;

c) uniform export management; import; temporary import, re-export; a temporary export, re-enter; transfer; transit of goods; fiduciary activities; export, import of mandate; purchasing agent; offshoring; border trade and the circulation of goods in the country, d) issued the regulations on the operation of the service trade, the distribution services in the country and from abroad to Vietnam, from Vietnam;

DD) manage the activities of the Office, branch of the foreign traders in Vietnam under the rule of law;

e) general situation, plans to export, import, circulation of goods and trade in services nationwide.

18. Regarding electronic commerce: a) presiding, in coordination with the ministries concerned construction, directing and inspect the implementation of the strategy, planning, plan, program, the development of electronic commerce;

b) chaired international cooperation on electronic commerce; signed or participated in international agreements related to electronic commerce.

19. On the management of the market:


a) directs the management of the market in the country; instructions, check, control the implementation of the provisions of the law on trading, commodity circulation, commercial activities on the market, goods and exports, imports, commercial services; handling violations of the law as specified;

b) directing and inspect and control the quality of the industrial goods circulate on the market; in collaboration with the Ministry of health inspection, inspection of the implementation of the provisions of the legislation on food hygiene and safety;

c) chaired and organized to coordinate activities between local branches, in checking, control; against speculation of market, smuggling, production and trafficking in counterfeit goods, prohibited, commercial fraud and other acts contrary to the provisions of the law.

20. On the management of competition and monopoly control, apply the safeguard measures anti-dumping, anti-subsidy and safeguard the interests of consumers: a) organized investigations and handling complaints, the competition; management on anti-dumping, anti-subsidy and safeguard measures applied to goods imported into Vietnam;

b) implementation mechanisms, policies, regulations on consumer rights protection according to the provisions of the law;

c) coordinated with the ministries, enterprises, industry associations to handle anti-dumping cases, anti-subsidy and safeguard measures applied by foreign countries for the export of Vietnam.

21. Regarding trade promotion: a) presiding, in coordination with the ministries concerned, planning the program of national trade promotion each year and direct, organize, guide, check the implementation according to the current regulations;

b) instructions, check on the contents, conditions of operation for commercial advertising, fairs, trade shows, promotional, display, merchandise, service introduction in foreign and domestic brands, according to the rule of law;

c) State budget resources management for trade promotion activities every year.

22. On the socio-economic integration of international trade: a) build, implementation mechanisms, policy, economic integration and international trade; interpretation, advocacy, popular, tutorial, test, urging the implementation of the commitments of international economic integration of Vietnam;

b) synthesis, construction projects and held negotiations to signed or joined the multilateral international treaties or commercial areas; negotiating the free trade agreement; negotiations of the economic partnership agreements on the trade and market expansion agreements between Vietnam and countries, water or territory;

c) represents the interests of commercial-economic Vietnam, propose and organize the implementation of rights and obligations related to commercial-economic of Vietnam at the World Trade Organization (WTO), the Association of Southeast Asian Nations (ASEAN); The Forum of economic cooperation in Asia-Pacific (APEC); Cooperation Forum Asia-Europe (ASEM) and other organizations, other international economic forum as assigned by the Prime Minister;

d) permanent work on economic integration and international trade of Vietnam;

General clue), monitor and report on the use of ODA and foreign direct investment (FDI) in industry and trade; the industry's investment and trade abroad.

23. commercial operations management of organizations and individuals in Vietnam abroad and of foreign countries in Vietnam under the rule of law; managing and directing the operations of the Agency, the trade promotion organization, the Centre introduced goods and products abroad has the participation of Vietnam State agencies.

24. To collect, aggregate, analyze, process and provide information on economic, industrial, trade, market, and foreign traders serve the party, the State and economic institutions.

25. international cooperation in the implementation of the trade and Industry Department in the management of the range specified by the law.

26. To organize and direct the implementation of the research plan, the application of scientific and technological advances in the industry and Trade Ministry's management domain, including: a) issued the technical fence and manage the operations of the point asked, answers about technical barriers in the field of industry, in the scope of the governance;

b) conducted scientific research programs, technology from State budget sources under the long-term plan, yearly in industry and Commerce;

c) uniform management, guide, examine the use of saving, rational exploitation of energy resources, safety and hygiene in the food processing industry in accordance with the law.

27. On the public service: a) network planning management career services organization in the industry, in areas the scope of governance;

b) building standards, issuing the processes, procedures, sequences, procedures, technical-economic norms for the activities of public service organizations in the industry, the industrial and commercial sectors;

c) Guide, facilitate, support for the implementation of public services according to the provisions of the law.

28. the representative made the owner of the State's stake in State enterprises in the trade and Industry Department in the management of the range, including: a) building project to sort, organize, convert the property to the Government for approval and direction to implement the project after approval;

b) The Prime Minister appointed, dismissal or appointment, resignation under the authority of the leaders title, Manager, Chief Accountant;

c) approved by the authority or the Prime Minister approved the Charter of organization and operation.

29. The guide, facilitate, associations, non-governmental organizations (referred to as Society) involved in the activity of the sector; opinions of the Organization to improve the management rules on the industry and Commerce; check the implementation of the provisions of the State Council.

30. Inspection, testing, solving complaints, accusations, negative, anti-corruption and handle breaking the law under the State management functions of the Department.

31. Decision and steer the programme of administrative reform Set by the objective and content of the program of State administrative reform has been the Prime Minister for approval.

32. Managing public servants: a) quota management specialized officer public officials, in the scope of the management in accordance with the law;

b) issued standards, professional standards, business turnover in the sector officials, by the assignment areas, decentralization of management after evaluation of the opinion of the Ministry of the Interior; built to professional standards, business turnover in the sector, in the field of public servants by Department is assigned the management hierarchy, to the Ministry of the Interior issued; enact specific professional standards of Heads of specialized agencies in the field of industry, in management by the provincial people's Committee, the central cities;

c) held grade and recognition of States grade for the overall volume of specialized officers under the provisions of the law.

33. Manage organizational, staffing; directs the implementation of salary mode and the policy, policies, reward, or discipline for officers, public servants, employees of the management domain; training, team building, training officers, public officials, government officials in the authority.

34. construction estimated annual budget of the Ministry, in cooperation with the Ministry of finance, General estimation of incomes and expenses budget, by sector in the fields of range management to the Government; management, implementation of State budget settlement; perform other tasks on the State budget, finance, property under the provisions of the law.

35. Perform other duties as assigned or authorized by the Government, the Prime Minister.

Article 3. Organizational structure 1. Service plan.

2. Financial Service.

3. Service personnel.

4. Service legislation.

5. International Cooperation Department.

6. Inspector.

7. The Office of the Ministry.

8. Science and technology.

9. Service heavy industry.

10. Energy Service.

11. Service and light industrial.

1 2. Service import and export.

1 3. Service in the domestic market.

14. Service the mountain trade.

15. Service markets in Asia-Pacific.

1 6. Service to the European market.

17. Latin American market.

18. Service of the African market, West Asia, South Asia.

19. multilateral trade policy.

20. Service emulation-rewarded.

21. electricity regulatory Bureau.

22. the Department of management to compete.

23. the Department of management to the market.

24. Trade Promotion Bureau.

25. The Bureau of the local industry.

26. The Bureau of safety and environmental engineering industry.

27. The Bureau of Commerce and information technology.

28. Trade in countries and territories.

29. the representative of the Ministry of industry and commerce in Ho Chi Minh City.

30. The secretariat of the Council of competition.

31. The Institute of strategic studies, industrial policy.

32. Commercial Research Institute.

33. The newspaper industry.

34. The magazine industry.

35. Trade magazine.

36. Training Field, cadres of industry and commerce.

The specified unit from clause 1 to clause 30 this is the organization that helps the Secretary of governance, regulation from item 31 to 36 clause this is the business units in The State.

Office of the Ombudsman, the Ministry, the Department's representative body in Ho Chi Minh City and the Service: planning, legislation, Organization Department, international cooperation, science and technology, heavy industry, multilateral trade policy, export, import, domestic market, markets in Asia-Pacific , The European market, the market of the Americas, Africa, West Asia, South Asia and Service emulation-awards to be held in the room.

Minister of industry and trade the Prime: functions, tasks, powers and structure of the electricity regulatory Bureau, the Bureau of competition management, market management Department, allows to establish business in the countries and territories, issued a list for the Organization of other career left the Ministry.


The unit helps to work for the Commission, interdisciplinary organization to follow the decision of the Prime Minister when establishing the Committee, interdisciplinary organization.

Article 4. Effective enforcement of this Decree has effect after 15 days from the date the Gazette; abolition of Decree No. 55/2003/ND-CP dated May 28, 2003 of the Government functions, tasks, powers and organizational structure of the Ministry of industry, Decree No. 29/2004/ND-CP dated 16 January 2004 of the Government functions, tasks, powers and organizational structure of the Ministry of Commerce and the previous provisions contrary to this Decree.

Article 5. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.