Decree 139/2025/ND-CP delineation of authority of two-tier local administrations under the Ministry of Industry and Trade

DECREE

Providing regulations on delineation of authority of two-tier local administrations under the Ministry of Industry and Trade's state management

Pursuant to the 2025 Law on Organization of the Government;

Pursuant to the 2025 Law on Organization of Local Administration;

Pursuant to the National Assembly's Resolution No. 190/2025/QH15 dated February 19, 2025, providing for the settlement of certain issues related to the reorganization of the state apparatus;

At the proposal of the Minister of Industry and Trade;

The Government hereby promulgates the Decree providing regulations on delineation of authority of two-tier local administrations under the Ministry of Industry and Trade's state management.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides regulations on:

1. Delineation of tasks and powers of local administrations according to the two-tier local administration model under the Ministry of Industry and Trade's state management.

2. The order and procedures for the performance of tasks and powers of provincial-level and commune-level local administrations as divided in accordance with this Decree.

Article 2. Principles of delineation of powers

1. Ensuring conformity with the provisions of the Constitution, and compliance with the principles and provisions on delineation of powers, decentralization, and delegation of authority provided in the Law on Organization of the Government and the Law on Organization of Local Administration.

2. Ensuring that the delineation of tasks and powers among levels of local administration is consistent with the tasks, powers, and capacity of the agencies and persons competent to perform the assigned tasks and powers; avoiding overlap, duplication, or omission of functions and tasks among levels of local administration and among agencies and organizations under local administrations.

3. Ensuring a clear distinction of powers among the People’s Council, the People’s Committee, and the Chairperson of the People’s Committee; ensuring a clear distinction between the general powers of the People’s Committee and the specific powers of the Chairperson of the People’s Committee.

4. Ensuring a legal basis for the normal, continuous, and smooth operation of agencies, society, individuals, and enterprises; ensuring the protection of human rights and citizens’ rights; facilitating individuals and organizations in accessing information and exercising their rights, obligations, and procedures in accordance with law.

5. Ensuring uniformity in the implementation of the Constitution and laws; ensuring publicity, transparency, accountability, and the effective exercise of power control in association with responsibilities for inspection, examination, and supervision by superior state agencies.

6. Ensuring no adverse impact on the implementation of treaties and international agreements to which the Socialist Republic of Vietnam is a contracting party.

7. Resources for the performance of the divided tasks and powers shall be guaranteed by the state budget in accordance with regulations.

Article 3. Fees and charges

For administrative procedures that are subject to the payment of fees and charges in accordance with the law on fees and charges, individuals and organizations shall pay the applicable fees and charges to the dossier-receiving agency concurrently with the submission of the dossiers requesting the settlement of administrative procedures. The fee and charge rates, and the management and use of fees and charges shall comply with the regulations of the Government, the Minister of Finance, or the provincial-level People’s Council corresponding to the respective fees and charges.

Chapter II

DELINEATION OF POWERS IN THE ORGANIZATION OF TWO-TIER LOCAL ADMINISTRATIONS IN THE FIELD OF INDUSTRY

Article 4. Powers in the field of electricity

1. The power to appraise and approve disaster response plans for works located in the downstream area of hydropower dam reservoirs as prescribed at Point b, Clause 5, Article 7 of the Government’s Decree No. 114/2018/ND-CP dated September 04, 2018, on the management of dam and reservoir safety, shall be exercised by commune-level People’s Committees.

2. The order and procedures for appraising and approving disaster response plans for works in the downstream area of hydropower dam reservoirs are specified in Appendix I to this Decree.

Article 5. Powers in the field of consumer industry

1. The power to grant, re-grant, amend, supplement, and revoke tobacco retail licenses as prescribed at Point c, Clause 1, Article 28 and Article 43 of Decree No. 67/2013/ND-CP dated June 27, 2013, of the Government, detailing a number of articles and measures for the implementation of the Law on Prevention and Control of Tobacco Harms regarding tobacco trading, as amended and supplemented under Decree No. 106/2017/ND-CP dated September 14, 2017, of the Government, amending and supplementing a number of articles of Decree No. 67/2013/ND-CP dated June 27, 2013, of the Government, detailing a number of articles and measures for the implementation of the Law on Prevention and Control of Tobacco Harms regarding tobacco trading; Decree No. 08/2018/ND-CP dated January 15, 2018, of the Government, amending a number of Decrees concerning business investment conditions under the state management of the Ministry of Industry and Trade; and Decree No. 17/2020/ND-CP dated February 05, 2020, of the Government, amending and supplementing a number of Articles of Decrees concerning business investment conditions under the state management of the Ministry of Industry and Trade (hereinafter referred to as Decree No. 67/2013/ND-CP) shall be exercised by commune-level People’s Committees.

2. The order and procedures for granting, re-granting, amending, and supplementing tobacco retail licenses are specified in Appendix II to this Decree.

Article 6. Powers in the field of management and development of industrial clusters

The powers to propose the formulation of plans for development, establishment and expansion of industrial clusters in the locality; support investors in implementing technical infrastructure investment and effectively managing industrial clusters in the locality; receive and settle, or propose competent agencies to settle procedures for implementing investment projects in industrial clusters as prescribed in Clause 1, Article 34; powers to decide on investment support or propose competent agencies to decide on investment support for technical infrastructure within and outside industrial clusters; approve and implement plans for relocating enterprises and production establishments into industrial clusters and activities for industrial cluster development in the locality as prescribed in Clause 2, Article 34; powers to conduct regular or ad hoc inspection and examination, and handle violations of laws on land, investment, construction, environmental protection, fire prevention and fighting, rescue and salvage, and other regulations on industrial clusters in the locality within their competence; and periodically or extraordinarily report to the provincial-level People’s Committee and the provincial-level Department of Industry and Trade on the situation of industrial clusters in the locality as prescribed in Clause 3, Article 34 of Decree No. 32/2024/ND-CP dated March 15, 2024, of the Government, on management and development of cottage industry zones (hereinafter referred to as Decree No. 32/2024/ND-CP), shall be exercised by commune-level People’s Committees.

Article 7. Powers in the field of liquor production

1. The power to grant, re-grant, amend, supplement, and revoke licenses for liquor manual production for commercial purposes, and liquor retail licenses within the locality, in the field of liquor production as prescribed at Points c and d, Clause 1, Article 25, and Article 33 of Decree No. 105/2017/ND-CP dated September 14, 2017, of the Government, on liquor business, as amended and supplemented under Decree No. 17/2020/ND-CP dated February 05, 2020 (hereinafter referred to as Decree No. 105/2017/ND-CP), shall be exercised by commune-level People’s Committees.

2. The order and procedures for granting, re-granting, amending, and supplementing licenses for liquor manual production for commercial purposes are specified in Appendix III to this Decree.

3. The order and procedures for granting, re-granting, amending, and supplementing liquor retail licenses are specified in Appendix IV to this Decree.

Article 8. Responsibilities of commune-level People’s Committees in state management in the field of electricity

1. Commune-level People’s Committees shall perform tasks in the field of electricity as prescribed in Clause 3, Article 22; Clause 2, Article 45; and Clause 6, Article 51 of Decree No. 62/2025/ND-CP dated March 04, 2025, of the Government, detailing the implementation of the Electricity Law regarding electricity work protection.

2. Provincial-level People’s Committees shall, in addition to the tasks specified in Clause 1 of this Article, perform tasks as prescribed in Decree No. 62/2025/ND-CP in the field of protection of electricity works.

Article 9. Responsibilities of commune-level People’s Committees in state management in the field of chemicals

Commune-level People’s Committees shall perform tasks in the field of chemicals as prescribed at Point g, Clause 6, Article 20 of Decree No. 113/2017/ND-CP dated October 09, 2017, of the Government, detailing and guiding the implementation of a number of articles of the Law on Chemicals, as amended and supplemented under Decree No. 17/2020/ND-CP dated February 05, 2020; Decree No. 82/2022/ND-CP dated October 18, 2022, of the Government, amending and supplementing a number of articles of Decree No. 113/2017/ND-CP dated October 09, 2017, of the Government, detailing and guiding the implementation of a number of articles of the Law on Chemicals; and Decree No. 33/2024/ND-CP dated March 27, 2024, of the Government, prescribing the implementation of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (hereinafter referred to as Decree No. 113/2017/ND-CP).

Article 10. Responsibilities of commune-level People’s Committees in state management in the field of consumer industry

Commune-level People’s Committees shall perform tasks in the field of consumer industry as prescribed in Clause 2, Article 41 of Decree No. 67/2013/ND-CP.

Article 11. Responsibilities of commune-level People’s Committees in state management in the field of management and development of industrial clusters

Commune-level People’s Committees shall perform tasks in the field of management and development of industrial clusters as prescribed in Clause 1, Article 5; Clause 1, Article 7; Point a, Clause 1, Article 9; Clauses 1, 2, and 3, Article 10; Clause 1, Article 15; Clause 2, Article 17; Clause 5, Article 19; Clause 4, Article 23; Clauses 2 and 3, Article 24; and Clause 3, Article 29 of Decree No. 32/2024/ND-CP.

Article 12. Responsibilities of provincial-level People’s Committees in state management in the field of management and development of industrial clusters

Provincial-level People’s Committees shall decide on the implementation of provisions relating to district-level and inter-district areas in the field of management and development of industrial clusters as prescribed in Clause 1, Article 2; Point c, Clause 2, Article 4; Point b, Clause 1, Article 6; Points a and c, Clause 1, and Point a, Clause 2, Article 8; Point a, Clause 1, Article 9; Clause 4, Article 10; and the arrangement and handling of units assigned as project owners of infrastructure of industrial clusters as prescribed in Clause 3, Article 35 of Decree No. 32/2024/ND-CP.

Chapter III

DELINEATION OF POWERS IN THE ORGANIZATION OF TWO-TIER LOCAL ADMINISTRATIONS IN THE FIELD OF COMMERCE

Article 13. Powers in the field of liquor business

The power to receive reports on liquor manual production for sale to establishments having liquor production licenses for further processing within the commune’s territory, in the field of liquor business as prescribed in Clause 2, Article 32 of Decree No. 105/2017/ND-CP, shall be exercised by provincial-level People’s Committees.

Article 14. Powers in the field of gas business

1. The power to grant, re-grant, modify, and revoke certificates of Eligibility for bottled LPG retail store in the field of gas business as prescribed in Clause 3, Article 44; Article 45; and Article 46 of Decree No. 87/2018/ND-CP dated June 15, 2018, of the Government, on gas business, as amended and supplemented under Decree No. 17/2020/ND-CP dated February 05, 2020, and Decree No. 85/2024/ND-CP dated July 10, 2024, of the Government, detailing a number of articles of the Law on Prices (hereinafter referred to as Decree No. 87/2018/ND-CP), shall be exercised by commune-level People’s Committees.

2. The order and procedures for granting, re-granting, and modifying certificates of Eligibility for bottled LPG retail store are specified in Appendix V to this Decree.

Article 15. Responsibilities of commune-level People’s Committees in the field of liquor business

Commune-level People’s Committees shall perform tasks in the field of liquor business as prescribed in Clause 2, Article 4; Clause 2, Article 14; Clause 3, Article 31a; Clause 3, Article 31b; Clause 2, Article 31c; Clause 3, Article 32; and Clause 6, Article 38 of Decree No. 105/2017/ND-CP.

Article 16. Responsibilities of commune-level People’s Committees in the field of gas business

Commune-level People’s Committees shall perform tasks in the field of gas business as prescribed in Clause 3, Article 59 of Decree No. 87/2018/ND-CP.

Article 17. Responsibilities of commune-level People’s Committees in the field of market management

Commune-level People’s Committees shall perform tasks in the field of market management as prescribed at Point a, Clause 8, Article 38; Point 1, Section I of Appendix II; and Section V of Appendix II of Decree No. 60/2024/ND-CP dated June 05, 2024, of the Government, on market development and management.

Article 18. Responsibilities of commune-level People’s Committees in the field of consumer rights protection

Commune-level People’s Committees shall perform tasks in the field of consumer rights protection as prescribed at Points a, b, c, d, e, and g, Clause 2, Article 77 of the 2023 Law on Protection of Consumer Rights.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 19. Responsibilities of the Ministry of Industry and Trade and heads of relevant agencies

1. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with ministries and relevant agencies in, organizing the implementation of the division of powers in accordance with this Decree; and shall guide provincial-level People’s Committees in implementing administrative procedures in accordance with this Decree and other relevant laws.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall organize the delegation and authorization within the scope of powers already divided in accordance with this Decree and the laws on organization of the Government and organization of local administrations.

3. In case of any difficulties or obstacles arising during the implementation organization, the Minister of Industry and Trade and ministers authorized by the Government shall provide guidance on the application of this Decree in accordance with the law on the promulgation of legal normative documents.

Article 20. Responsibilities of People’s Committees at all levels

1. Provincial-level People’s Committees shall exercise the powers and perform the responsibilities assigned under this Decree; direct and guide commune-level People’s Committees in exercising the powers and performing the responsibilities as prescribed in this Decree; and report the implementation results to the Ministry of Industry and Trade before December 10 each year.

2. Provincial-level People’s Committees shall announce administrative procedures in their respective localities based on the decision on announcement of administrative procedures issued by the Minister of Industry and Trade.

3. Commune-level People’s Committees shall organize the implementation of the powers and responsibilities assigned in accordance with this Decree; and report the implementation results to the provincial-level People’s Committees before November 30 each year.

In case of any arising difficulties or inadequacies during the implementation process, the entities to whom powers have been assigned shall report to the relevant ministries and sectors for timely resolution and removal.

Article 21. Effect

1. This Decree takes effect from July 1, 2025.

2. This Decree ceases to be effective on March 01, 2027, except for the following cases:

a) Ministries or ministerial-level agencies report to the Government with proposals which are approved by the National Assembly for the extension of the application period of the whole or part of this Decree;

b) In case laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, resolutions of the Government, or decisions of the Prime Minister providing for powers, responsibilities for state management, order, and procedures as stipulated in this Decree are adopted or promulgated from July 01, 2025, and take effect before March 01, 2027, the corresponding provisions of this Decree shall cease to be effective from the effective date of such legal normative documents.

3. During the effective period of the provisions of this Decree, if the provisions on powers, responsibilities for state management, order, and procedures under this Decree differ from those of relevant legal normative documents, the provisions of this Decree shall prevail.

Article 22. Transitional provisions

1. Forms and templates issued together with the Decrees referred to in this Decree shall be amended and used under the authority of the agencies and organizations to which powers have been assigned under this Decree.

2. For tasks and powers associated with administrative procedures, the agencies, organizations, or individuals receiving the assigned tasks and powers under the two-tier local administration model shall carry out administrative procedures in accordance with the current applicable administrative procedures, unless otherwise specifically provided in this Decree. Based on the current applicable administrative procedures, provincial-level People’s Committees may, within their competence, provide specific regulations suitable to local conditions, provided that such regulations shall not increase the components of the dossier, the time limits, or the costs for the settlement of administrative procedures.

3. Ongoing tasks and responsibilities currently being handled by district-level People’s Committees or their specialized agencies shall be transferred to commune-level People’s Committees in accordance with the territorial jurisdiction related to residents and enterprises, and shall continue to be handled in accordance with the powers and responsibilities as prescribed in this Decree. Chairpersons of provincial-level People’s Committees shall guide and coordinate the implementation of this task.

4. Dossiers and documents issued by competent agencies or individuals under delegated authority prior to the effective date of this Decree, which remain valid or within their effective duration, shall continue to be applied until the expiry of the duration stated therein. In case organizations or individuals wish to have such dossiers or documents amended or re-issued, they shall submit written requests to the agency, organization, unit, or individual with delegated authority for settlement.

5. Certain matters falling under district-level authority that do not give rise to new procedures, powers, or responsibilities under the two-tier local administration model shall be updated for amending and supplementing relevant legal normative documents.

6. Other tasks, responsibilities, powers, and procedures within the scope of the Ministry of Industry and Trade's state management that are not provided for in this Decree shall continue to be implemented in accordance with relevant laws.

* All Appendices are not translated herein.