Nghị định 96/2022/NĐ-CP quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Công Thương

DECREE

DEFINING FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF MINISTRY OF INDUSTRY AND TRADE OF VIETNAM

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016 defining the functions, tasks, powers and organizational structures of ministries and ministerial agencies, and the Government’s Decree No. 101/2020/ND-CP dated August 28, 2020 providing amendments to the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016;

At the request of the Minister of Industry and Trade of Vietnam;

The Government promulgates this Decree to define the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade of Vietnam.

Article 1. Position and functions

The Ministry of Industry and Trade of Vietnam is a governmental agency in charge of performing the state management of industry and trade, including the following fields and sectors: Electricity, coal, oil and gas, new energy, renewable energy, chemicals, industrial explosives, mechanical engineering, metallurgy, mineral mining and processing industry, consumer industry, food industry, supporting industries, environment industry, high-tech industry (excluding information technology industry); industrial clusters, cottage industry clusters, industrial promotion; domestic trade; import, export and border trade; logistics services; foreign market development; market management; trade promotion; e-commerce; commercial services; international economic integration; competition, protection of consumer rights; trade remedies; public services rendered in sectors and fields within the scope of its management.

Article 2. Tasks and powers

The Ministry of Industry and Trade of Vietnam shall perform its tasks and powers as prescribed in the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016 and the Government’s Decree No. 101/2020/ND-CP dated August 28, 2020, and the following specific tasks and powers:

1. Submit the following documents to the Government, including bills and draft resolutions of the National Assembly, draft ordinances and draft resolutions of the Standing Committee of the National Assembly, draft decrees of the Government under annual law-making programs and plans of the Government and of Ministries, as well as resolutions, projects, schemes and summary programs as assigned by the Government or the Prime Minister.

2. Submit annual, medium-term and long-term development strategies, plannings or plans to the Government or the Prime Minister for approval, and organize the implementation of the approved ones as prescribed; submit proposed investment guidelines for national target programs, and prefeasibility study reports on nationally significant projects in fields and sectors within the scope of its management to the Government or the Prime Minister for consideration.

3. Consider giving approval for development strategies, schemes, plans or programs, and development investment projects in fields and sectors within the scope of its management, as assigned and authorized by the Government or the Prime Minister.

4. Promulgate circulars, decisions, directives and other documents on state management of fields and sectors within the scope of its management; instruct, organize and inspect the implementation of legislative documents within the scope of its management; instruct and organize propagation, dissemination and education of laws on industry and trade.

5. Formulate national standards and promulgate national technical regulations, and technical – economic norms applied in fields and sectors within the scope of its management; organize measurement and intellectual property activities, and instruct, manage and inspect the quality of goods, products and conditional business sectors within the scope of its management in accordance with regulations of law.

6. Regarding energy, including electricity, coal, gas and oil, new energy, renewable energy and other energy; demand side management, economical and efficient use of energy:

a) Perform state management of energy investment and construction projects; carry out consolidation, analysis and assessment of implementation of plannings and results thereof; submit consolidated reports on production and execution of investment projects in the energy field within its competence;

b) Organize formulation and submission of national power development planning and its modifications to the Prime Minister for approval; organize formulation and submission of plans for implementation of the national power development planning and their modifications to the Prime Minister for approval; organize the implementation of the national power development planning;

c) Give approval for oil and gas early development plans (EDPs); overall development plans (ODPs); decommissioning plans; make decisions on revocation of oil mining rights in case contractors fail to conduct oil and gas development and mining activities within the prescribed time limit; make gas flaring decisions; make decisions on extension of oil and gas exploration stage under terms and conditions of oil and gas service contracts; discharge other tasks as prescribed in the Law on petroleum;

d) Perform state management of production, trading and distribution of petroleum products (including gasoline, oil, natural gas, liquefied gas and other petroleum products) in accordance with regulations of law;

dd) Perform state management of coal production and trading, and coal supply for power generation within the scope of its management;

e) Organize negotiation to enter into official documents or instruments in energy field (such as BOT contracts, government guarantee agreements, and other agreements) in accordance with regulations of law and as authorized by the Government;

g) Perform state management of implementation of national programs on demand side management, economical and efficient use of energy in accordance with regulations of law.

7. Regarding electricity regulatory activities:

a) Formulate and organize the implementation of regulations on operation of competitive electricity market;

b) Direct the formulation of electric power supply plans, inspect and supervise the electric power supply and operation of electrical grids so as to ensure the balance of electricity supply and demand; do research, propose and manage solutions for balancing electricity supply and demand; provide guidance on conditions and procedures for temporary suspension or shutdown of electricity supply or reduction of electric power consumption; conditions and procedures for connection to the national electrical grid;

c) Play the leading role and cooperate with the Ministry of Finance of Vietnam in establishing and submitting the bracket of average retail electricity prices, the mechanism for adjustment of electricity prices and structure of retail electricity prices to the Government for consideration; organize the implementation of mechanisms and policies on electricity prices;

d) Play the leading role and cooperate with the Ministry of Finance of Vietnam in providing guidelines on methods for determination of electricity generation, wholesaling and transmission prices, prices of ancillary services, load dispatch service charges, and electricity market transaction management fees; consider giving approval of load dispatch service charges and electricity market transaction management fees after obtaining approval from the Ministry of Finance of Vietnam; consider giving approval of electricity generation, wholesaling and transmission prices, prices of ancillary services; inspect fixed-term power purchase agreements signed between electricity generating units and electricity purchasing units, and fixed-term wholesale power contracts in accordance with the Government’s regulations;

dd) Resolve disputes arising in electricity market;

e) Instruct and inspect the compliance with regulations of law and take actions against violations in electricity sector in accordance with regulations of law;

8. Regarding chemicals and industrial explosives:

a) Perform state management of chemicals, precursors used in industrial sector, explosive precursors and industrial explosives; chemicals used for production of consumer products in accordance with regulations of law; chemicals defined in the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, and implement other Conventions on chemicals as prescribed, except chemicals and explosive precursors used in military and national defense sectors which will be managed by the Ministry of National Defence of Vietnam, and those in national security sectors which will be managed by the Ministry of Public Security of Vietnam;

b) Manage and develop chemical and industrial explosive industries; formulate and organize the implementation of strategies, plans and/or projects on development of chemical and industrial explosive industries; instruct, inspect and prepare consolidated reports on the development of chemical and industrial explosive industries in accordance with regulations of law;

c) Manage industrial explosives research, development and testing activities performed by science and technology organizations or industrial explosive manufacturers.

9. Regarding heavy industry and light industry:

a) Manage and develop mechanical engineering, metallurgy, mining and mineral processing industries (except types of minerals used for production of building materials and cement products), consumer industry, food industry, bioindustry, supporting industries, electronics industry (except information technology and digital technology industries) and high-tech industry (excluding information technology industry) in accordance with regulations of law;

b) Play the leading role and cooperate with relevant ministries and regulatory authorities in formulating and submitting mechanisms, policies and list of prioritized products in industrial sectors within the scope of its management to competent authorities for approval and promulgation;

c) Prepare consolidated reports on industrial production activities as prescribed.

10. Regarding industrial promotion, industrial clusters and cottage industry clusters:

a) Formulate and organize the implementation of industrial promotion programs and plans; manage funding for national industrial promotion programs;

b) Organize activities to develop cottage industry, industrial and cottage industry villages;

c) Organize activities to develop industrial clusters, cooperation and promotion of investments in industrial clusters; formulate programs for supporting investment in infrastructure facilities of industrial clusters in accordance with regulations of law;

d) Discharge supporting tasks for development of small- and medium-sized enterprises (SMEs) in industrial and cottage industry sectors.

11. Regarding industrial safety techniques:

a) Perform state management of occupational safety and health issues within the ambit of its assigned tasks and powers;

b) Manage safety techniques-related activities within the scope of its management;

c) Manage safety of hydroelectric dams and reservoirs within the scope of its management, tailings ponds used in mining and processing of minerals and industrial explosives;

d) Direct, instruct and organize incident response, emergency response, disaster preparedness and response, search and rescue activities within the scope of its management;

dd) Manage transport of dangerous goods within its competence.

12. Regarding environmental protection and climate change response in the industry and trade branch:

a) Perform state management of environmental protection and climate change within the ambit of its assigned tasks and powers;

d) Play the leading role and cooperate with relevant ministries, regulatory authorities and local governments in developing environmental industry;

c) Perform climate change response activities within the scope of its management.

13. Regarding domestic market and trade:

a) Organize the implementation of mechanisms and policies on development of domestic market and trade; develop trade and ensure the balance of goods supply and demand, and the supply of essential commodities to mountainous regions, islands, remote and isolated areas, border regions and ethnic minorities in accordance with regulations of law; organize the implementation of mechanisms and policies on methods of transaction and business types in accordance with regulations of law;

b) Play the leading role and cooperate with relevant ministries and regulatory authorities in regulating the movement/distribution of goods;

c) Play the leading role and cooperate with relevant ministries, regulatory authorities and local governments in managing and developing commercial services in accordance with regulations of law;

d) Play the leading role and cooperate with the Ministry of Finance of Vietnam, and relevant ministries and regulatory authorities in managing prices of certain categories of goods in accordance with regulations of law;

dd) Play the leading role and cooperate with relevant ministries, regulatory authorities and local governments in formulating policies for development of commercial infrastructure facilities (including markets, supermarkets, shopping malls, trade centers, centers for auction of goods/commodities, logistics centers, warehouses, trade fairs, exhibitions and retail stores) in accordance with regulations of law;

e) Perform state management of commodity trading on the Mercantile Exchange of Vietnam.

14. Regarding food safety:

a) Inspect the compliance with regulations on food safety in the course of production, processing, preservation, transport, import, export and sale of alcohol, beer, soft drinks, processed milk, vegetable oil, processed flour and starch products and other foods in accordance with the Government's regulations;

b) Inspect the compliance with regulations on food safety in respect of tools and materials used for packaging and containing foods in the course of production, processing and sale of foods within the scope of its management;

c) Inspect the compliance with regulations on food safety by establishments that do not engage in production but trade in different types of foods under the management of two or more Ministries (except wholesale markets and centers for auction of agricultural products);

d) Perform state management of food safety of supermarkets, shopping malls, convenience stores, establishments of the reserve and distribution system, and other business establishments in accordance with regulations of law.

15. Regarding import and export of goods:

a) Organize the implementation of mechanisms and policies on goods import and export, border trade and foreign market expansion;

b) Manage the import, export, temporary import for re-export, temporary export for re-import, trade merchanting, in-transit transport of goods, border trade, entrustment, entrusted import, entrusted export, sales agencies, processing and origin of goods;

c) Prepare consolidated reports on the status and plan for import and export of goods, and border trade in accordance with regulations of law.

16. Regarding logistics services:

a) Play the leading role and cooperate with relevant ministries, regulatory authorities and local governments in formulating and organizing the implementation of policies and laws on logistics services;

b) Coordinate and assist ministries, regulatory authorities, local governments and trade associations in development of logistics services.

17. Regarding trade remedies:

a) Organize the implementation of regulations of law on trade remedies, including: anti-dumping, countervailing and safeguard measures against goods imported into Vietnam; measures against evasion of trade remedies; trade remedies investigation;

b) Play the leading role and cooperate with relevant ministries, regulatory authorities and local governments in assisting trade associations and enterprises subject to investigation or application of trade remedies (including anti-dumping, countervailing and safeguard measures, and measures against evasion of trade remedies) by foreign authorities against Vietnam’s exports;

c) Perform tasks relating to the settlement of disputes in trade remedy proceedings in WTO and other international organizations.

18. Regarding e-commerce and digital economy:

a) Perform state management of e-commerce. Play the leading role, cooperate, and organize the implementation of e-commerce development strategies, plans and programs, policies and laws governing e-commerce activities;

b) Organize the implementation of mechanisms for promoting, supporting and identifying development orientations of new business models on the basis of e-commerce and digital technology platforms in the industry and trade field;

c) Instruct and inspect e-commerce operations and the satisfaction of eligibility requirements to conduct e-commerce operations; manage and supervise e-commerce operations and digital technology applications-based business models in accordance with regulations of law;

d) Establish and operate infrastructure facilities used for serving e-commerce activities; establish the shared architecture framework and technical platform for digital technology applications-based business models in the industry and trade field;

dd) Build and develop e-commerce infrastructure and digital technology applications in the industry and trade branch, assist business linkages by means of value chains, develop market and promote export;

e) Perform state management of digital transformation in the fields and sectors within the scope of its management, and development of digital economy in the industry and trade branch.

19. Regarding market management:

a) Play the leading role and cooperate with relevant ministries, regulatory authorities and local governments in establishing and organizing operation of market surveillance forces in accordance with regulations of law;

b) Instruct and inspect the compliance with the laws and take actions against violations against regulations on goods trading and commercial services rendered in the market and other sectors in accordance with regulations of law;

c) Play the leading role and cooperate with relevant ministries, regulatory authorities and local governments in preventing and controlling smuggling, production and trading of counterfeits, prohibited goods, trade frauds and other acts of violation within the scope of its management in accordance with regulations of law.

20. Regarding competition and protection of consumer rights, multi-level marketing management:

a) Organize performance of state management tasks of competition; initiate competition-related proceedings, control economic concentrations, issue decisions to grant exemption from prohibited anti-competitive agreements, deal with complaints against decisions on competition cases in accordance with regulations of law;

b) Perform state management of protection of consumer rights in accordance with regulations of law;

c) Perform state management of multi-level marketing operations in accordance with regulations of law;

21. Regarding trade promotion:

a) Play the leading role and cooperate with Ministries, ministerial agencies, relevant authorities and local governments in formulating and implementing national programs on trade promotion, and national branding programs in accordance with regulations of law; plan and perform trade promotion activities in accordance with regulations of law;

b) Instruct and inspect contents and eligibility to engage in domestic and foreign activities of commercial advertising, branding, trade fairs, exhibitions, promotion, showrooms, product and service introduction in accordance with regulations of law;

c) Manage state budget-derived annual funding for performing trade promotion activities in accordance with the law regulations;

d) Manage and direct operation of Vietnam's trade promotion offices in foreign countries; manage representative offices of foreign trade promotion organizations in Vietnam in accordance with regulations of law;

dd) Establish, operate and develop trade promotion infrastructure facilities, and digital infrastructure serving trade promotion activities.

22. Regarding international economic integration:

a) Organize the implementation of mechanisms and policies on international economic integration; disseminate information on, instruct, formulate and organize the implementation of programs/plans for implementing Vietnam's commitments on international economic integration in accordance with regulations of law;

b) Consolidate, formulate plans and organize study, propose negotiation, conclusion and accession to bilateral, multilateral or regional conventions on commerce within the scope of its management in accordance with regulations of law, including new negotiation, modification, expansion and update these conventions; negotiate free trade agreements; negotiate international economic cooperation agreements and market expansion agreements between Vietnam and foreign countries, country groups or territories;

c) Organize study, propose plans, organize, coordinate and supervise the performance of Vietnam’s international trade and economic rights and obligations at the World Trade Organization (WTO), the Association of Southeast Asian Nations (ASEAN), the Asian- Pacific Economic Cooperation (APEC) forum, the Asia-Europe Meeting (ASEM), Free Trade Agreements (FTAs) and other commercial agreements to which Vietnam is a member, and other international economic organizations and forums as assigned by the Prime Minister of Vietnam;

d) Organize, coordinate and supervise operations of organizations joining international economic integration as assigned by the Prime Minister of Vietnam.

23. Regarding foreign market expansion, regional and bilateral cooperation:

a) Do research, negotiate, conclude, accede to and implement bilateral or regional conventions and agreements on trade and industrial cooperation within the scope of its competence as prescribed by law with the aim of market expansion between Vietnam and other countries, country groups and territories;

b) Organize the implementation of bilateral, regional and sub-regional cooperation contents within the scope of its management;

c) Play the leading role or cooperate with relevant ministries and authorities in proposing the establishment, inspection and development of operations of Vietnam’s sub-committees in Intergovernmental committees, Joint committees, Joint sub-committees, Joint working groups, economic, trade and industrial forums, bilateral and regional cooperation mechanisms between Vietnam and other countries or territories in trade and industrial fields;

d) Do market research, consolidate, analyze and provide information about policies, laws and industrial and trade matters, domestic and foreign businesspeople with the aims of serving the direction and management of foreign market expansion; discover and remove restraints on imports and exports of Vietnamese enterprises; develop enterprise connectivity activities so as to develop foreign market;

dd) Provide guidelines on commercial activities of Vietnamese businesspeople in foreign markets;

e) Cooperate with the Ministry of Foreign Affairs of Vietnam in providing specialized guidelines on trade affairs to its officials seconded to Vietnam's representative missions in foreign countries in accordance with regulations of law;

g) Act as a contact point assisting the Government in resolution of disputes about imposition of foreign trade management measures.

24. Perform state management of business and investment activities and commercial presences of foreign service providers and foreign investors in Vietnam in the industry and trade field in accordance with the law regulations, including:

a) Organize performance of state management tasks of goods trading and other activities directly related to goods trading of foreign service providers in accordance with regulations of law;

b) Organize performance of state management tasks of representative offices and branches of foreign businesspeople in Vietnam;

c) Perform state management of business and investment activities of foreign service providers and foreign-invested business entities in the fields under the management of the industry and trade branch.

25. Consider issuing, modifying, revoking and renewing licenses, certifications, confirmations and other documents in accordance with regulations of law within the scope of its management.

26. Carry out quality control of industrial works in the fields within the scope of its management in accordance with the law regulations.

27. Manage the national reserves as assigned by the Government.

28. Carry out international cooperation in the industry and trade field; develop industrial and trade cooperation activities with international organizations; establish the business relationships with multinational companies; receive and manage the use of ODA funds and technical assistance of foreign countries in the industry and trade field in accordance with regulations of law.

29. Regarding science, technology and innovation:

a) Formulate and promulgate, or request competent authorities to promulgate, and organize the implementation of mechanisms, policies, strategies and plans for science and technology development, technological innovation and technology transfer in the fields and sectors within the scope of its management;

b) Formulate, manage, instruct and organize the implementation of programs, schemes and tasks of scientific research, development and application of high technologies, advanced technologies and digital transformation, development of biotechnology applications, improvement of productivity and quality in the fields and sectors within the scope of its management;

c) Manage, instruct and organize innovation activities; apply, innovate and receive transfer of new technologies and high technologies; carry out assessment and appraisal of technologies in the fields and sectors within the scope of its management;

d) Organize the implementation of regulations of law on quality control of products and goods, standards, national technical regulations, measurement, intellectual property, and initiative activities within the scope of its management.

30. Regarding public services:

a) Perform state management of public services in the fields and sectors within the scope of its management in accordance with regulations of law;

b) Formulate and promulgate standards, procedures, national technical regulations, technical – economic norms on provision of public services in the fields and sectors within the scope of its management;

c) Instruct and assist the provision of public services in accordance with regulations of law.

31. Play the leading role in resolving investment disputes under contracts, agreements and commitments of which the Ministry of Industry and Trade of Vietnam has taken charge of, or acted on behalf of the State or Government of Vietnam to conduct, negotiation and conclusion with foreign investors.

32. Perform state management of statistics, analysis and statistical forecasting in the industry and trade branch; collect and consolidate information on national statistical indicators in accordance with the Law on statistics; implement national statistical investigation programs within the jurisdiction of the Ministry of Industry and Trade of Vietnam as defined in the Law on statistics and the Prime Minister’s decision; formulate and organize the implementation of statistical investigation programs of the industry and trade branch.

33. Perform rights, responsibilities and obligations of the state owner towards state-owned enterprises and state capital invested in other enterprises in accordance with regulations of law.

34. Perform tasks and powers towards non-governmental organizations or associations within the scope of its management in accordance with regulations of law.

35. Conduct inspections and settle complaints and denunciations, perform anti-corruption and citizen reception tasks, and take actions against administrative violations within the ambit of its assigned functions; conduct specialized inspections in the industry and trade field in accordance with regulations of law.

36. Decide and instruct the implementation of its administrative reform programs according to the objectives and contents of the state administration reform programs approved by the Government or the Prime Minister.

37. Manage its organizational apparatus, payroll, officials and public employees; commend and reward, organize training activities so as to develop human resources in the industry and trade branch; implement salary regimes and policies on benefits and preferential treatment and enforce disciplinary measures against officials and public employees within the scope of its management in accordance with regulations of law.

38. Manage financial sources and assigned assets, and manage and organize the implementation of its state budget estimates in accordance with regulations of law on state budget, law on management and use of public property, and law on public investment.

39. Perform other tasks and powers as assigned by the Government or the Prime Minister and as prescribed by law.

Article 3. Organizational structure

1. Planning and Finance Department.

2. Science and Technology Department.

3. Asia-Africa Market Department.

4. European-American Market Department.

5. Multilateral Trade Policy Department.

6. Domestic Markets Department.

7. Oil, Gas and Coal Department.

8. Energy Efficiency and Sustainable Development Department.

9. Department of Personnel and Organization.

10. Department of Legal Affairs.

11. Ministry Inspectorate.

12. Ministry Office.

13. Directorate of Market Surveillance.

14. National Competition Commission.

15. Electricity Regulatory Authority of Vietnam.

16. Industry Agency.

17. Electricity and Renewable Energy Authority.

18. Trade Remedies Authority of Vietnam.

19. Vietnam Trade Promotion Agency.

20. Agency for Regional Industry and Trade.

21. Agency of Foreign Trade.

22. Industrial Safety Techniques and Environment Agency.

23. Vietnam E-commerce and Digital Economy Agency.

24. Vietnam Chemicals Agency.

25. Vietnam Institute of Industrial and Trade Policy and Strategy.

26. Vietnam Economic News.

27. Trade and Industry Magazine.

28. Vietnam Institute for Industry and Trade Studying.

The organizations referred to in Clauses 1-24 of this Article shall assist the Minister of Industry and Trade of Vietnam in performing the state management functions; the organizations referred to in Clauses 25-28 are administrative units serving the Ministry’s state management functions.

Each of the Multilateral Trade Policy Department, the Asia-Africa Market Department, and the European-American Market Department may be comprised of up to 3 divisions.

The Minister of Industry and Trade of Vietnam shall submit the Decree defining the functions, tasks, powers and organizational structure of the National Competition Commission to the Government for promulgation.

The Minister of Industry and Trade of Vietnam shall submit the Decision defining the functions, tasks, powers and organizational structure of the Directorate of Market Surveillance to the Prime Minister for promulgation; promulgate the list of other public administrative units affiliated to the Ministry of Industry and Trade of Vietnam.

The Minister of Industry and Trade of Vietnam shall stipulate functions, tasks, powers and organizational structures of its affiliated units, except those mentioned in Clauses 13, 14 of this Article.

Article 4. Effect

This Decree comes into force from December 01, 2022; supersedes the Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 defining functions, tasks, powers and organizational structure of the Ministry of Industry and Trade of Vietnam.

Article 5. Transition

Vietnam Competition and Consumer Authority shall continue performing its functions, tasks, powers and organizational structure in accordance with regulations in force until the Government stipulates the functions, tasks, powers and organizational structure of the National Competition Commission.

Article 6. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, and Chairpersons of provincial People’s Committees are responsible for the implementation of this Decree.