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Circular 22/2015/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 22/2015/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 Ủy 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. 95/2012/ND-CP on November 12, 2012 of the Government functions, tasks, powers and organizational structure Industry;
Pursuant to Decree No. 58/2014/ND-CP dated 16 June 2014 Government's functions, tasks, powers and organizational structure of the Ministry of the Interior;
Pursuant to Decree No. 36/2012/ND-CP dated 18 April 2012 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies;
Pursuant to Decree No. 24/2014/ND-CP dated April 4, 2014, the Government's regulation organization to the professional body in the people's committees of provinces and cities under central;
Pursuant to Decree No. 37/2014/ND-CP dated May 5, 2014, the Government's regulation organization of professional bodies in the district people's Committee, district, town, city in the province;
Minister of industry and trade and the Minister of the Interior issued a circular guiding the functions, duties, powers and structure of the specialized agencies on industry and trade in the province people's Committee, the central cities (hereafter referred to collectively as the provincial people's Committee) and in the district people's Committee , district, town, city in the province (hereinafter referred to as the people's committees at district level).
Chapter I article 1 DEPARTMENT of INDUSTRY and TRADE. The position and function 1. The Department of industry and trade is the professional body in the provincial people's Committee; perform staff functions, helping the provincial people's Committee, the State administration of industry and commerce, including the sectors: mechanical; metallurgy; electricity; new energy, renewable energy; oil and gas (if available); chemicals; industrial explosives; industry, mining and mineral processing (excluding building materials); consumer industry; food industry; processing industry; food safety; the circulation of goods in the province; export and import; border trade (if any); market management; trade promotion; electronic commerce; trade services, international economic integration; competition management, anti-dumping; anti-subsidy, safeguard the interests of consumers; promotional, industrial management, industrial support; management and implementation of the public service in the industry, in the field of facility management scope prescribed by law.
2. The Department of industry and trade has a legal personality, a seal and a private account; subject to the direction or management of the Organization and operation of the provincial people's Committee, and subject to the direction, instruction, inspection done on the professional expertise of Industry. 2. Duties and powers 1. Chief, the provincial people's Committee: a) the draft planning, long term plan, 5 year and annually; the program, project, measure the organization performs the task of reforming the State administration of industry and commerce sector development;
b) draft decisions, directives issued under the authority of the provincial people's Committee on the industrial and commercial sectors;
c) draft specifies the functions, duties, powers and organizational structure of the Department;
d) draft text specifies the conditions, standards, title for the Chief, Vice units; the draft standard rules, the title of leader in charge of the industrial and commercial sectors of the economy or the economy and infrastructure in the district people's Committee, district, town, city in the province.
2. the Chairman, the Chairman of the provincial people's Committee: a) draft decision on the establishment, merger, splitting, dissolution of organizations, units of the Department under the provisions of the law;
b) draft decisions, individual directives issued under the authority of the Chairman of the provincial people's Committee on the industrial and commercial sector.
3. Guide the Organization, and examined 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, monitoring the implementation of legislation on industrial and commercial sectors.
4. Help the provincial people's Committee chaired, check, appraise design construction investment projects, the quality of the works in the industrial and commercial sector in the province according to the hierarchy; granted, 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, assigned or authorized by 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) for industry support: organize, plan, planning mechanisms, the development of supporting industries in the province.
c) On electric power, new energy, renewable energy, energy savings and efficiency: implementation planning, electricity development plans, developing the use of new energy, renewable energy, energy efficiency and saving in 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, mountains and Islands;
The Organization implemented the price of electricity projects in the province after being approved by the authority.
d) for industry, mining and mineral processing (except for the minerals and construction materials of cement production): hosted, in cooperation with the relevant industry organizations make the planning of exploration, extraction, processing and use of minerals after being approved by the authority;
Instructions, check the implementation of the standard rules, the technical-economic norms, technology, safety in the mining and processing of minerals in the province.
DD) Of chemicals, industrial explosives, the type of equipment, there are strict requirements regarding safety and environmental protection: 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, transport and sales of chemicals, industrial explosives, gasoline, liquefied petroleum gas and other types of machines, devices that require strict on safety techniques as prescribed by law;
Implemented the content management of environmental protection in the field of industry and commerce in accordance with law; implementation of the planning and the development of the environmental industry.
e) About food safety, consumer industry, food industry and processing industry: implementation planning, planning, industry development policy after approved, including the: textile-garment-shoes, paper, porcelain, plastic, glass, wine, beer, beverages, dairy products, vegetable oil processing processed products, starch, flour, cake, jam, candy, packaging containers and other products;
Instructions, check the implementation of the standards, quality standards for industrial products, safety, industrial environment; food safety from production, processing, storage, transportation, business for the kinds of wine, beer, beverages, dairy products, vegetable oils, processed products made from flour, starch, bread, jam, candy, packaging containers and other products, and food safety for the Bazaar , supermarket and the facilities in the reserve system, the distribution of food commodities in the scope of management of the Department;
Instructions, check the implementation of the rules on prevention of fake food, commercial fraud on the market for all types of food, food additive, food processing support, packaging materials, utensils, food containers in the scope of management of the Department.
g) About the promotion: host, Chairman of the provincial people's Committee to help implement state management task for promotional activities;
Deploy programs, plans, local promotional schemes for the activities accomplished by funding national and promotional activities conducted by local promotional funding sources;
Guide to the organizations and individuals implement the local promotional schemes; training and upgrading, settled the matter related to a local promotional activities under the provisions of the law;
Perform general, reporting and providing information, related documents; test, evaluation, tracking, monitoring the implementation of the scheme, plan, promotional programs in the province.
h) About industrial clusters: Chief of provincial people's committees to help make the task of governance for the province's industrial cluster under the provisions of the law;
Chaired the planning, construction plan, the mechanism of industrial development policy and implementation after the provincial people's Committee approval;
Appraisal of records established, open clusters, industrial development centre; Join comments on design of construction projects of infrastructure and industrial investment projects in the construction of industrial cluster under the provisions of the law;
Implementing mechanisms and preferential policies for attracting investment, import and export, taxation, finance, labor and infrastructure construction, technical clearance, moving production facilities, build new industrial clusters in the province;
Tracking, testing, reviews and general situation reports, planning, investment, infrastructure construction and operation of industrial clusters in the province.
I) About the craft:

Hosted, in cooperation with the relevant agencies in implementation of the program, project, mechanisms, policies, plans to develop medium and small industrial enterprises, collective economic organization (including trades, rural villages, the cooperative Department of the industrial and commercial sector).
6. On trade of domestic trade: a) to the organization implementing the planning, planning, policy, management mechanism of network infrastructures, wholesale trade, retail, including: the type of market, the commercial center, the system, the system stores, commercial cooperatives , commercial services; commercial agents, franchise, logistics centre, goods under other forms prescribed by the laws 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;
Instructions, check the implementation of rules on goods prohibited services, trading, trading restrictions, business license condition of items: tobacco, alcohol, gasoline, liquefied petroleum gas and the goods or services in the province under the rule of law and the decentralized management of the Ministry of industry and trade;
The implemented mechanisms, policy incentives, to encourage and support the development of production, business and people's life in the border region, mountains, Islands and ethnic regions and the province's difficult (such as providing the essential items, supports the circulation of goods and commercial services);
The organization works to regulate the circulation of goods, guarantee the supply and demand balance of the essential items, ensure food safety and quality, stabilize and promote the development of the internal market;
Synthesis and processing of the information market on the province level of moving of the goods, the total supply, the total demand, the level of reserves of the circulation and fluctuating prices of essential items, the items of the policy for the people of the border region, mountains, Islands and peoples of the region. Propose to the authorized regulatory solution the circulation of goods in each period.
b) About export and import: implementation mechanisms, 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, businesses invested abroad and the trader has no presence in Vietnam; activities of the Office, branch of the foreign traders in Vietnam on the province.
c) On border trade (for the border);
Implementation of development policies of local border trade;
Instructions, check the implementation of the regulation on the method of purchase, sale, exchange of goods, border trade business, mountains, Islands and ethnic region of the province;
Instructions, check the implementation of the regulations on the management of food safety for commercial businesses and goods across borders under the provisions of the law;
General situation of economic zones activity gate; the Management Board of the gate; the revised recommendations, additional policies and measures to boost border trade to suit local realities.
DD) On electronic commerce: building the Organization and staff to implement the mechanisms, policies, proposals, programs, e-commerce plan aimed at infrastructure development, electronic commerce applications, development of human resources serves the ecommerce, management support organizations personal, eCommerce application on the province;
Perform other governance content on electronic commerce as defined by law and decentralization of Industry.) On market management: implementation of market management in the province under the rule of law;
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 acts of speculation, smuggling, commercial fraud, trafficking in counterfeit goods, poor quality goods; against the violation of intellectual property rights, food safety and production activities in other business, the rules of law.
e) About 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.
g) for competition, anti-dumping, anti-subsidy and self-defense: guidelines for implementation of the provisions of the law on competition, the anti-dumping, anti-subsidy and safeguard the province;
Findings and recommendations to the relevant authorities to resolve under the authority of the text issued with content that does not conform with the French competition law, anti-dumping, subsidies and protection;
Clues lead to support the local export business dealing with anti-dumping cases, anti-subsidy and self-defense from abroad;
Manage multi-level sales activities according to the provisions of the law.
h) on the protection of consumer interests: issued by the authority or the provincial people's Committee and implementation of the legal texts on the protection of the rights of consumers locally;
Popular propaganda, education and legislation protecting the rights of consumers; consulting support to raise awareness about consumer rights protection locally;
Perform the contract control in the form, the general trading conditions locally according to the rules of the law of consumer protection;
Check the active monitoring, social organization, the Organization for mediation in disputes between consumers and organizations, local business individuals;
Publicize the list of organizations and individuals, goods, services, consumer rights violations by the authority;
Inspector, inspection, complaints, accusations and handle violations of consumer rights under the authority.
I) About economic integration: implementation of plans, programs, specific measures of international economic integration on the province after being approved;
Hosted, in cooperation with the relevant agencies in advocacy, dissemination, guide the implementation of plans, programs, and regulations on international economic integration.
7. Implementation and responsible for the assessment, registration, licensing, certification, certification in the scope of management responsibilities in accordance with the law and follow assigned or authorized by the provincial people's Committee.
8. Manage, monitor, encourage, assist enterprises, collective economic organizations, the private sector, associations, associations and non-governmental organizations in the scope of management of the Department in the province under the rule of law.
9. Instructions, check the implementation mechanism of autonomy, responsibility of the business units in the Department of public management under the provisions of the law.
10. international cooperation in the field of industry and Commerce according to the assigned or authorized by the provincial people's Committee.
11. professional guide service in the fields of industry and trade for the economic Room or rooms in the infrastructure and economic committees at district level.
12. Implementation of the plan of research, the application of scientific-technical progress and technology in industry and commerce 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 service of State management and professional expertise; Organization of a policy, program, plan, project build rural power network development and rural markets in the province's Township, reviews the social recognition and power criteria achieved under the national target program of building new countryside.
13. 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.
14. Test, inspection by industry, region, was assigned to the management for organizations, individuals active in the field of industry and Commerce; complaints, accusations, prevention of corruption in accordance with law and as assigned or authorized by the provincial people's Committee.
15. Manage and organize 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 law 16. Specifies the functions, duties and powers, the relationship of the Organization, business units in public management, consistent with the functions, duties and powers of the Department under the General guidance of the Ministry of industry and trade, Ministry of the Interior and under the provisions of the provincial people's Committee.
17. Management of organization, location of employment, payroll and the number of people working, the officer according to the occupations in the business units in public; salary regimes and policies, policies, training, reward, or discipline for public servants, officers and employees in the scope of management of the Department under the provisions of the law and as assigned or authorized by the provincial people's Committee.
18. According to the provisions of the law for enterprises, collective economic organizations, the private sector, and non-governmental organizations active in the field of industry and trade locally.
19. Management and responsible for financial affairs in accordance with the law and follow assigned or authorized by the provincial people's Committee.
20. General information, periodic reports of six-monthly or irregularly on the implementation of the tasks assigned to the provincial people's Committee and the Ministry of industry and trade.

21. Performs other duties by the people's Committee, Chairman of the provincial people's Committee and in accordance with the law of article 3. Organizational structure and staffing 1. Head of the Department of industry and trade) have directors and not more than 3 Associate Director;
b) Director is the head of Department, responsible to the people's Committee, Chairman of the provincial people's Committee and before the law in the performance of the functions, duties and powers of State management in the field of industry and trade in the province and the people's Committee , Chairman of the provincial people's Committee or authorized assignment;
Director appointed, dismissed the head, deputies of the head of the Organization Department and the standards of title due to the provincial people's Committee issued;
The Director of the Department is responsible for reporting to the Committee, the Chairman of the provincial people's Committee and the Ministry of industry and commerce on the Organization and operation of the Department; previous work reports the people's Council and people's Committee to grant the request; provide necessary documents according to the requirements of the provincial people's Council; reply to recommendations of voters, questioned by representatives of provincial councils the problems within the industrial and commercial sectors; coordinate with other department managers, the head of socio-political organizations, the agencies involved in the implementation of the duties of the Department;
c) Deputy Director of the Department's Director of the Department of directing some of the work, the responsible Director and the law on the duties assigned. When the Director is absent, a Deputy Director of the Department was operating Credential Manager in the activities of the Department;
d) appointing the Director and Deputy Director by the Chairman of the provincial people's Committee decided the title standards issued by the Ministry of industry and trade on the basis of 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;
DD) the Director, Deputy Director of the Department of the Chief title cum not held, subdivisions having legal personality (except valuable text higher legal provisions).
2. The General staff organization and professional service a) Office;
b) inspection;
c)-financial planning-General;
d) industrial management;
DD) commercial management;
e) technical safety-environment;
g) energy management;
h) investment management and international cooperation or import-export management (if any);
I) market management Bureau (functions, tasks, powers and structure of the market management Bureau follow circulars of the Ministry of industry and trade and the Ministry of the Interior).
3. The public career unit a) promotional and Advisory Centre for industrial development;
b) trade promotion Center (established only when there is no investment-promotion Center for trade and tourism in the province people's Committee, the central cities).
The appointment, dismissal, maneuver, reward, or discipline, resignation, retirement and perform mode, the policy with regard to the level of Chief, Deputy Chief level and units directly under the Department of Industry by the Director decided in accordance with the law.
4. The payroll and the number of people employed (payroll career) a) Payroll Payroll career civil servants, of the Department of industry and commerce is delivered on the basis of job positions associated with the function, mandate, scope of activities and is located in the total payroll, staffing agencies in career , administrative organization, business units of the central cities, was delivered by the authorized or approved.
b) base functions, mission, organizational structure and job placement list is approved by the authority, annual industrial and commercial Facility construction planning payroll payroll career civil servants, the provincial people's Committee to the Authority considers the decision under the provisions of the law.
Chapter II the AGENCY EXPERTISE on INDUSTRY and COMMERCE COMMITTEES at DISTRICT LEVEL in article 4. The position and function 1. Economy room or rooms in the infrastructure and economic committees at district level is the specialized agencies have staff functions, district-level people's committees to help implement state management of the local industrial and commercial (for other sectors in the economy Rooms or rooms of economy and infrastructure due to The respective sector management guide).
2. Economic Rooms or rooms of economy and infrastructure (hereinafter referred to as the room) placed under the management of the Organization and activities of the people's Committee at district level, and subject to the direction, testing and professional guidelines of the Department of industry and Commerce and the Department of management related disciplines.
Article 5. Duties and powers 1. The people's Committee of the district level decision, draft directive; planning, long term plan, 5 year and annually 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 Committee 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 committees at district level.
4. Help people's Committee 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, dissemination, education, monitoring the implementation of legislation on industrial and commercial sectors.
6. professional guide service to manage the State of industry and Commerce for the social worker.
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 implementation of assigned tasks according to the provisions of the district-level people's committees 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. General People's Committee at district level to help implement state management for industrial districts; join the construction industry cluster development planning district; establishment of construction, establishment, expansion, additional planning industrial district; detailed planning, construction projects and the Organization began construction of the industrial district after being approved by the authority.
11. 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.
12. organizational management, job placement, staffing structure for categories of public officials, public servants, regimes, policy, policies, reward, discipline, training and fostering of professional expertise for public servants in the room in accordance with the law and as assigned or authorized by the people's Committee at district level.
13. Management and is responsible for finance, property of the room in accordance with the law and under the direction of the people's Committee at district level.
14. Perform some other task due to the people's Committee, the people's Committee Chairman granted the district affairs as prescribed by the law.
Article 6. Organization and staffing public servants 1. Economy room or rooms and economic infrastructure (hereinafter referred to as the room) has a head, no more than 2 Deputy head and public officials professional service.
a) Chief responsible to the people's Committee, Chairman of the people's Committee at district level and before the law on the implementation of the functions, duties and powers of the room; have a responsibility to report the work before the people's Council and people's Committee at district level;
b) Deputy head helps the Chief in charge of some task faces and responsible to the Chief of mission is assigned. When the Chief is absent, a Deputy head is the Chief Executive commissioned works of the room;
c) the appointment of Chief, Deputy Chief of the people's Committee Chairman by district level decision according to the standard of the title by the industrial and commercial Department of the provincial people's Committee issued on the basis of the provisions of the law. The resignation movement, rotation, reward, or discipline, to resignation, retirement and perform mode, the policy for the head and Deputy Head of the people's Committee Chairman by district level decision under the provisions of the law.
2. professional public servants deployed with suitable job positions are approved by the competent authority according to the specialization in fields, functions, tasks of the room.
3. The payroll of public servants due to people's Committee Chairman district level decision of civil servants payroll of the district.
Chapter III IMPLEMENTATION article 7. Effective enforcement of this circular effect since July 14, 2015 and replacing circular No. 07/2008/TTLT-BCT-BNV 28 May 2008 between Industry 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 Committee , district level.
Article 8. Responsibility 1. The provincial people's Committee specified the duties, powers, organizational structure of the Department of industry and Commerce and people's committees guide the district level specifies the duties and powers of the economic or the economy and infrastructure in the field of industry and Commerce;

Based on the characteristics of social-economic development and state management requirements at local, provincial people's Committee decided to establish or not to establish the business units directly under the Department, ensuring conformity with Decree No. 55/2012/ND-CP dated 28/6/2012 of the Government regulation on the establishment , reorganize, disbanded the unit public career.
2. The Chairman of the provincial people's Committee is responsible for organizing the implementation of this circular.
3. In the process of implementation, if any problems arise or have difficulties and obstacles, the provincial people's Committee reflect timely Industry and Ministry of Interior to consider, resolve according to jurisdiction./.