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Decision 39/2001/qđ-Bcn: On The Regulation Of Functions, Duties And Powers Of The Ombudsman, And The Office Of The Ministry Of Industry.

Original Language Title: Quyết định 39/2001/QĐ-BCN: Về việc ban hành Quy định chức năng, nhiệm vụ, quyền hạn của các Vụ, Thanh tra và Văn phòng Bộ Công nghiệp.

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The DECISION of the MINISTER of INDUSTRY regarding the regulation of functions, tasks, quyềnhạn of the Service, the Ombudsman and the Office of the Ministry of industry to the MINISTER of INDUSTRY pursuant to Decree số74/CP dated 11 November 1995 by the Government on the functions, missions, hạnvà organizational Authority Ministry of industry;

At the suggestion of the Vụtrưởng Service personnel organization, decision: article 1. Attached to Decision địnhnày regulation of the functions, duties and powers of: Service plans and investment, financial and Accounting Services;

Service management nghệvà quality of product;

International cooperation;

Service personnel organization;

Service legislation;

Inspection of the Ministry;

The Office of the Ministry.

Article 2. On the basis of the function, nhiệmvụ, powers are delegated, the Director, Chief Inspector and Chief Bộcó responsibility: 1. to improve the Organization, arrangements, arranged according to the officer, the title, professional standards of public officials, State officials, ensuring the principle of streamlining, compact, effective, cross-khôngchồng duplication;

2. chếlàm construction jobs and work relationships as assigned, decentralized management of the Ministry.

Article 3. This decision takes effect on the date of signing since sau15 and replaces decision No 38/2000/QD-BCN dated 28 February 6năm 2000 of the Minister of industry regarding the regulation of functions, duties and powers of the Ombudsman, and the Office of the Ministry of industry;

Chief of the Department, the Chief Inspector, the Director, the Director and the heads of the agencies, in the Ministry, is responsible for the implementation of this decision.

 

Provisions on the functions, duties and powers of the Service, and the Ministry of industry Vănphòng (attached to decision No. 39/2001/QĐ-BCN ngày22 August 2001 of the Minister of industry) Chapter i. General Điềukhoản article 1. The Service, inspection and phòngBộ (hereinafter referred to as the Agency) is the agency that helps real hiệnchức, Minister of State management of the tasks of the industry: mechanical engineering, metallurgy, electronics, chemical, geological, mineral resources, mining (including coal, oil, gas, precious stones) , electric, industrial explosives, industry spend dùngtrong nationwide according to Decree No. 15/CP DATED August 3, 1993 củaChính Government on the tasks, powers and responsibilities of the State management, horizontal cơquan; Decree No. 74/CP DATED November 1, 1995 by the Government of chứcnăng, tasks, powers and organization of the Ministry of industry; and Decree số47/CP dated 12 August 1996 from the Government on the management of weapons, explosives vàcông tool support.

Article 2. While performing functions, tasks, the heads of the organs are the right to: 1. Require the cơquan, the provider of the information, data, material chocông the service delivered;

2. Public relations tácvới the State Agency, the social-economic organization as the authoritative Ministry;

3. the Organization theodõi, guide, check the operation of the unit under the Ministry in the field of management đượcgiao; recommendations to The leaders, the heads of the units in The vềnhững measures to handle a number of issues needed to ensure the correct implementation of phápluật, policy regimes in that field;

4. Step by step hoànthiện organize, sort, arrange the Agency's officers in the correct position, the professional tiêuchuẩn officials, at the request of missions and Ministry staffing; ensure the principle of streamlining, compact, effective, non-overlapping, trùnglắp;

5. Join the UK Service personnel in training, training, appointment, resignation, reward, discipline and policy resolution, mode, for officials and civil servants of the quanmình and according to the rules of the system of vertical.

Article 3. In case of need, the Minister may communicate to the Director, the Chief Inspector and Chief of The mộtsố specific tasks outside the scope of the tasks, powers has been prescribed trongvăn.

Article 4. In the táchoặc field of work is relevant to many agencies, the only Minister assigned chomột the Agency chaired help organize the implementation, other agencies have joined tráchnhiệm according to function, the tasks specified in this text;

The relationship phươngthức and solve work between ministries and agencies follow the regulations do việccủa Ministry of industry issued decision No. 31/1998/QD-BCN on 04tháng 5, 1998 of the Minister of industry.

Article 5. The Service, phòngBộ and inspector shall assist The research, construction of the project of law, ordinances, normative cácvăn other legislation relevant to the industry due to The manage my, to process the Government issued or issued by the authority and the chứcthực does the legal text;

Help the Department implement state management chứcnăng for enterprises in the industry according to cácquy law.

Chapter II. Chứcnăng, the Mission of the Service, and the Office of the Ministry of industry 1. Service Design investment hoạchVà article 6. Service planning and investment is cơquan staff of the Minister, to help Minister to perform management functions Home nướcvề the field of planning and investment to the industry under the provisions of the law.

Article 7. Main tasks of the Service: 1. Research, strategy, planning, industry development plan to Bộtrình Government approval and direction, guide the implementation after the đượcChính Government approval;


2. Materialize, planning strategies into the development of the industry within the country, on the territory of each region, locality, ensure a reasonable economic structure trongsản-business, investment, export-import, international cooperation, joint ventures, economic links;

3. The organisation of statistical work part hiệncông real industrial production according to the regulations of the State; to provide timely information and statistical reports to serve vàđiều direction of the Department;

4. the nghiêncứu, chaired The review or under review involved decentralization of investment projects, the technical-economic justification, design, estimation and the liêndoanh cooperation projects with foreign-related industries;

5. Build chínhsách industrial development, investment projects in the resource sector; the geological investigation policy, protection and rational use of resources khoángsản, industrial protection policy, investment policy, integration policy quốctế for industry, prevention of flooding disaster ... in order to create a thuậnlợi environment for the activities of the branches , local and facility;

6. General, balance 5 year plan and annual đốikế (including wartime mobilization plan) of the đểBộ Government. Track, instructions, the implementation plan and the quyếtcác big on energy balance, quotas, capital, raw materials ... theodanh of State items allocated (if available);

7. In collaboration with the Vụchức function implementation, resolving the problems related to innovation management, holdings, selling, lease rental of State enterprises; the industry management hợpvới management and reorganization of production organization in accordance củaNhà;

8. Research, have prepared your licensure level Sets for the industry due to The theocác management of government regulations;

9. Do the clues, theodõi, manage the business for foreign-invested industries in collaboration with the nghiệpvà Service to solve the problem according to the functions of the Ministry of public nghiệpđối with the business;

10. lýhoạt management organization for independent power projects and rural electricity development investment by industry BộCông under the form of BOT, BTO, BT of the industry, baogồm from the mobilization of investment, investment preparation, due diligence reviews to đàmphán projects, Contracting and project management for the duration of the operation; chứctiếp nest get handed the BOT;

11. Do the clue phốihợp job with the national program on economics-related technical quannhiều to the industry;

12. Clue masonry dựngvà managing technical-economic norms and unit cost estimation;

13. Do the clue theodõi, Manager of the local industry;

14. Permanent Ban chỉđạo flooding prevention and steering the work of the Defense Ministry;

15. track, tổnghợp, reviews the situation and do the report on manufacturing activity-doanhtrong whole industry periodically.

Section 2. Accounting-financial services article 8. Financial-accounting service is the quantham staff of the Minister, to help Minister to perform state management functions vềtài, accounting, pricing in the industry under the provisions of the law.

Article 9. Main tasks of the Service: 1. Research and xâydựng the Minister issued the regulations, circulars related to accounting, tàichính, prices in the competence of the Ministry; join, proposed with The Tàichính and the General of the construction and enactment of new, modified, cácchế additional degrees in finance, taxation, pricing and accounting related to the côngnghiệp sector by the Administration;

2. Organisation administrative fee of lýkinh career.

a) guide the đơnvị directly estimating and analysis, General to the competent phêduyệt. On the basis of the estimation of funding by the State, the distribution and the level of administrative fees for the career phátkinh the beneficiaries;

b) Guide, only the administrative units đạocác the enterprises made chínhvà financial management and accounting;

c) make trakế check payment, settlement review organization of estimation units, tổnghợp and report to the Agency in accordance with financial accounting mode củaNhà the water.

3. The governing body of the tàisản: a kýsố post, Guide) worth of State assets due to the administrative divisions of the career management trựcthuộc use with the competent State agencies;

b) instructions and the polygraph units in implementing the State's regulation of property sửdụng;

c) sảncông management in the infrastructure, the State land use allocation;

General hìnhquản physical situation) used, metrics and status the property types listed above to cungcấp timely, fully under the rules for the financial administration of the State.

4. capital management tưxây: a) to participate in the đồngthẩm the project authority approved by the Ministry;

b) chaired the hợpvới distribution Service, inspecting, appraising capital investment projects that fulfil my duty under the authority of, the leader of The approval;

c) participate in the đồngthẩm, check the investment capital projects completed at the request of the financial củaBộ.

5. Manage your business chínhdoanh: a) proposed the measure, mode management, construction and price stabilization scheme reviews the product thuộcngành technical-economic management by the Ministry according to the current price management;


b) synthesis of the main hìnhtài of the general situation of the businesses in the industry on a quarterly tàichính and targets in order to analyze, evaluate, propose to the leader of the biệnpháp macro management improve the financial performance of enterprises. For nhữngdoanh financial situation is difficult, the Ministry proposed to the quanchức of State measures to rectify management, dismantling the hard khănkhách, create the conditions to go into production-stable business and development;

c) join a sốnhiệm service by the Minister delivered as Control Board of the Corporation, the toántrưởng design, innovation and development of State enterprises;

6-organize your tácbồi training for the staff of public servants, the finance officer-accounting trongngành.

Category 3. Service lýcông Management technology and product quality of article 10. Technology management and lượngsản Substances and products is the Agency's Chief Minister, the Minister responsible năngquản help on Science, technology, the environment and the quality of sảnphẩm under the provisions of the law.

Co 11. Main tasks of the Service: 1. Host cứuxây research strategy, planning, development of science, technology, environment bảovệ and product quality to The process of Government approval or Bộquyết according to the authority; Organization, direction, implementation guides after the Government đượcChính or The approval;

2. construction organization, the Minister issued under the authority of the rules, procedures, standards, technical-economic norms for the technical-economic sector by the Administration;

3. Organisation of industrial products lýchất, scientific development manager-côngnghệ, the application of science and technology progress in the economic sector-kỹthuật by the management;

4. Organization and hướngdẫn made the legal text of the State, the kỹthuật-technology solutions to protect the environment, prevent control falling thiểuảnh enjoy the environmental harm of the industrial activities;

5. lýthống management organization for the work: Standardization, measurement, industrial property, patent, the invention of the technical-economic sector by the management. In collaboration with The Khoahọc, technology and the environment and related agencies in the current chứcthực manages the State of product quality goods;

6. Build, just đạothực the program, long-term and annual plans of research, application of science, technology, improve product quality and environmental protection trườngtrong industry;

7. Participate in the appraisal, review of investment projects in construction of industrial works; presided việcthẩm plan technology, equipment, product quality and environmental impact assessment trườngcủa the new investment project or renovating industrial buildings;

8. lướithông network organization science news, technology, product quality, the environment. Côngtác direction of construction and exploitation of the technical-economic data served for dựbáo work, planning, development of science, technology, product quality school vàmôi industry to serve the direction of the Ministry.

Item 4. Service tácquốc article 12 international Match. International cooperation is the quantham staff of the Minister, to help Minister to perform management functions of State industry international vềhợp in accordance with the law.

Article 13. CủaVụ primary mission: 1. Research, forecasting trends and strategies in the field of development cooperation kinhtế countries, the international and regional organizations with respect to the nghiệpđể the Government approval; steer, guide and check the implementation;

2. a trườngkhu study area, organizations, individuals who are partners with the kinhtế organization, training, scientific research and technology of the thuộcBộ industry, especially in the face of research: legal, economic potential, năngđầu, investment mechanisms, export and import of the venture partners economic cooperation, import-export, quotas, etc.. to provide the vàhướng information leads the industry, businesses and agencies under the Ministry set up the hệhợp economic cooperation, talks, concluded economic contracts with the Organization, nhânngười fish;

3. In collaboration with the cơquan Set to guide the Organization, individuals who are foreign investors, Vietnam on implementing the law, the legal text of the head of State for external tưnước in Vietnam, about the preparation and signing of the joint venture agreement, hợpđồng business partnership the BOT contract, about making the investment license, phépkinh business paper, the text of other commitments in accordance with the law of Vietnam and lệquốc;

4. Research, soạnthảo, memo function, Convention, agreement, plan to join the UK, international economic relations, multilateral or bilateral quanhệ included with the non-governmental organization, the Organization's task area and quốctế to The conduct of exposure, negotiation , signed the agreement on economic, science and technology, training, labor cooperation ... when the Government authorized levels;

5. Prepare the content, foreign travel program of the Ministry to the Government; trìnhlãnh The Director of the content, programs, plans and troop convoy out;


6. In collaboration with the cơquan State, the economic organization of the Ministry, review, guide the handling of cáckhiếu complaints, disputes, breach the laws of the State of Vietnam and the French luậtquốc in the implementation of the contract or the commitment signed;

7. The layout people do permanent nhiệmvụ division-level bilateral economic cooperation, the Government of Prime Minister trườnghợp Government Affairs for President phíaViệt Division South;

8. Proceed to the côngviệc nature of the procedure on the front desk in the Foreign Ministry;

9. Build ánnhằm the exploitation of the water sources and international organizations;

Construction materials, information for the promotion of foreign investment into Vietnam and xúctiến trade.

10. côngtác permanent multilateral international cooperation such as ASEAN, APEC, ASEM, UNDP, UNIDO, WTO, EU, WB, ADB, OECD, Mekong River Commission, the Convention banning chemical weapons, the permanent côngtác of international economic integration.

11. Solve the thủtục foreign travel for the objects of the management, giảiquyết the export entry and work on Vietnam soil have contractors work for foreigners is the work of the Ministry or the vịtrực of the Ministry;

12. To be responsible for nhiệmlập funding plans for the delegation to the Group of the year, and along with the related đơnvị to manage this funding source.

Section 5. Service organisation-article 14 officers. Service organizations-the quantham officials machinations of the Minister, to help Minister to perform state management functions vềcông organization, officers, training and labor-wages in côngnghiệp sector in accordance with the law.

Article 15. Main tasks of the Service: 1. Research, xâydựng to the Secretary of the Government issued the Decree on the function, nhiệmvụ, powers and organization of the specialized State administration; hướngđẫn, check the implementation of the text;

2. Research, xâydựng the Ministry issued the functions, duties and powers, the Organization of the cácVụ, The Ombudsman, The Office, the business units directly; dẫnchức mission-oriented powers, organization departments of provincial, industrial thànhphố centrally and industrial districts, the city of thuộctỉnh;

3. research, topical xuấttheo the direction the reform, innovation and development in the State, additional ... in order to constantly improve the UK industry management system from the Ministry to the central cities, vàcơ;

4. Research, xâydựng, the Ministry of planning officers côngchức professional standards issued, State industry officials. Track personal and management lýđội management staffs in the industry according to the decentralized management of the Government and of the Ministry;

5. Guide the đơnvị in the industry make the right policy, party and state mode for the vớicán; do the procedures for civil servants under the manage hierarchy of the Ministry;

6. Guide the đơnvị in the industry make the management of records, biographies of officers, civil servants, personnel records vàquản public servants under the manage hierarchy;

7. In collaboration with Service personnel about international Hợptác travel abroad;

8. côngtác permanent protection of internal politics;

9. xâydựng, research planning, training plans, training of public servants, manage my officers, technical staff, professional staff, skilled technical workers to the Bộxét browser and tutorial, check out the implementation. Prepare The fresh kiếntham with the Ministry of education and training in strategy, planning, plan tạonhân for the industry;

10. hợpvới distribution, the Service to implement the activities related to the training baogồm: planning, allocation of training targets-fostering and kỹthuật workers, funding according to the limits; election officers go to school and abroad according to the quyđịnh of the State and of the Ministry;

11. dựngtrình the Ministry issued under authority or recommendations to the Ministry of labour-social thedeath penalty enacted Trade policies of the regime for workers in ngànhcông; the urge, to check the implementation of the policy of that mode;

12. The Ministry of kếhoạch, norms, unit price, fund the salaries of business-production areas; subfamily bổchỉ payroll spending, salaries of administrative areas which the State career delivery choBộ;

13. Do the labor statistics tácthống and income of workers;

14. Follow the tácy, labor sanitation and health workers in the whole ngànhcông business.

 Item 6. VụPháp processing article 16. Service legislation is the body part in help, Minister mưucủa legal Secretary to perform his duties, function vụquản State; do clue held construction law, due diligence, reviewing the project, the draft legal text of the hoávăn system, a legal; popular, legal education and examine the thựchiện the legal text.

Article 17. Main tasks of the Service: 1. Propose and the Minister approved the program to build long-term and annual laws of BộCông; Guide, supervise inspection program;

2. Evaluation of mặtpháp the legal texts by the agencies, units of The soạnthảo before the Minister signed the Government issued or issued;


3. Help drafting chủtrì Minister or take part in drafting the legal documents were delivered (including the type of legal text has the sponsorship of foreign countries);

4. Do the clues help Minister to join the opinion that the draft text by the legal bodies, ministries, provinces and cities under central posted comments;

5. reviewing the UK frequently, codified, updated the legal text liênquan to the operation of the industry; recommendations to Minister process the quảrà control of the legal text and recommended to the Government to suspend the thihành the provisions of the resolution of the ministries Council, Quyếtđịnh and the directive of the levels as opposed to the legal text of the nướcvà legal texts by the Ministry;

6. Organization of the phổbiến, legal education within the industry;

7. track, urge, check the enforcement of the law and propose to the Minister the measures thựchiện the law, prevent, eliminate the breaking the law in the côngnghiệp industry;

8. track, manage, hướngdẫn and check the work of legal bodies, the enterprises in the ngànhcông industry and the Department of industry;

9. Implementation of việckhác of the law was the Minister.

Section 7. Inspector Điều18. Inspection of the Ministry is the body of BộCông and is held in the system of State inspectors, under the direct lãnhđạo of the Minister of industry and the only đaọ about the TổngThanh of the State investigation;

Ministry inspectors are professional cơquan help Minister to perform inspection functions of the Agency, đơnvị in the industry in the implementation of the management decisions of The Minister of industry and the legal text of the nướckhác related to the industry.

Article 19. Main tasks of the bar traBộ: 1. Inspect the thựchiện policy, laws that firstly and mainly management decisions lýcủa the Minister in State agencies, the social-economic organization and citizens, agencies, individual units directly managed by the Ministry;

2. Recommendations to The trưởnggiải complaints, accusations that the heads of the units was resolved but đươngsự still claims or when the resolution of signs of micro-phạmpháp law;

3. Instructions, check out traThủ head of the unit in The implementation of the decisions of the State of côngtác the inspection, review and resolve complaints, accusations;

4. check vụthanh guidance for the Board of the people's Ombudsman, Ombudsman of the heads in the cácđơn Department and the specialized inspection;

5. In collaboration with cácVụ, the Office of the Inspector of the Ministry of planning and Development Director khaithực approved plan; periodic reports to Ministers on the results thanhtra and notify the Service concerned about the conclusions of the inspection Group and kếtluận of the Secretary of the service, the Inspector; track check the processing of củacác units according to the conclusions, the Minister's decision;

6. Powers of Thanhtra made according to article 9 of the Ombudsman Ordinance issued on 29 March năm1990 Items 8. The Office 20. The Department is the Office of the Secretary, Elliot apparatus, helped organize Ministers, the leader of the chỉđạo, performing the duties of the State administration for industry-wide;

Responsible bảođảm and working conditions contribute to care, improve material life, tinhthần for officials and employees of The Agency.

Article 21. Van phòngBộ 's primary mission: 1. To help Ministers, xâydựng and implementation programs, short-and long-term work plans; xâydựng the working regulation and organization of work under the regulations; vềhoạt synthesis reports of Ministry leadership, periodically and irregularly;

2. Organize the tácthông serve The leader; receive, collect, distribute timely and chínhxác to the head and the body of the dispatch, the document is sent to The top; make the relationship with the mass information agency; clue phốihợp organizations prepare articles, answer questions, interview for The leader;

Nhấtviệc systems management issued the text of the Ministry of industry. The Organization fulfills the letter of tácvăn, the archives of The Agency; the Guide, check out the work of clerical, save the trữtrong the whole industry in the correct form of State regulation, protection of State secrets, the secret service agency;

3. the Organization côngbố, communicated the decision of the Government, the Prime Minister and of the Minister; the track, urging, check, general situation and propose measures for existing performance results đểthực the directive, Decree, decision, resolution of the House of nướcvà of the Ministry for the whole industry;

The track, urging relevant authorities been cáccơ about the preparation of the text (including the legal vănbản, projects ...), who comments on the content of the edit and verify the installation shouldn't that text to ensure the requirements in the profile, the thểthức and the procedure according to the current rules and report The leaders decide;

4. research, topical xuấtvới Ministers on issues, policies, mechanisms of law, often work under the authority of the Minister of the need for the communication agency nghiêncứu the Minister for review and decision;


5. The organization and you, working meetings, receiving guests of leadership; editorial and management records, minutes of meetings, conferences, and receptions;

6. Ensure the kiệnvật thing and the media work served The leadership and the năngcủa authorities; contributing to the improvement of material and spiritual life for staff, côngchức, agency officials; organizational management, payroll, personnel offices; cơsở material properties, the type of administrative expenditure, the current career, ngoạitệ bodies;

7. lễtân duty, Khanh (domestic and foreign), as a focal organization to implement the nghĩavụ of the entire block for local government Ministry;

8. Direction and professional hướngdẫn Office for the Office of the agency business in ngànhcông;

9. Help Vănphòng Manager of the representative in Ho Chi Minh City.

Chapter III. Điềukhoản implementation of Article 22. In this quyđịnh implementation if issues need additional tuning, heads the unit báocáo the Minister to review the decision.