Decree 146/2025/ND-CP delegation of powers and decentralization in the field of industry and trade

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Decree No. 146/2025/ND-CP dated June 12, 2025 of the Government on the delegation of powers and decentralization in the field of industry and trade
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Official number:146/2025/ND-CPSigner:Nguyen Hoa Binh
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Issuing date:12/06/2025Effect status:
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THE GOVERNMENT

_____

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

________________

No. 146/2025/ND-CP

Hanoi, June 12, 2025


 

DECREE
On the delegation of powers and decentralization
in the field of industry and trade

___________________

 

Pursuant to the 2025 Law on Organization of the Government;

Pursuant to the 2025 Law on Organization of Local Administration;

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

At the request of Minister of Industry and Trade;

The Government promulgates the Decree on the delegation of powers and decentralization in the field of industry and trade.

 

Chapter I
GENERAL PROVISIONS

 

Article 1. Scope of regulation

This Decree defines the competence, order, and procedures for the implementation of tasks and powers of competent agencies and individuals in the field of industry and trade specified in laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, decrees of the Government, and decisions of the Prime Minister to which the adjustment is required for the purpose of delegation of powers and decentralization.

Article 2. Principles of delegation of powers and decentralization

1. To ensure compliance with the Constitution; with the principles and provisions on delegation of powers and decentralization of the Law on Organization of the Government, and the Law on Organization of Local Administration.

2. Agencies to which the powers are delegated may decentralize or delegate the tasks and powers assigned to them according to regulations.

3. To ensure thorough decentralization of tasks between central state agencies and local administrations, ensuring the Government's unified management competence, the executive power of the head of the Government in the state management of industry and trade, and promoting the proactiveness, creativity, and self-responsibility of local administrations in performing the state management task in the field of industry and trade.

4. To ensure that the Government, the Prime Minister, ministries, and ministerial-level agencies focus on performing state management tasks at the macro level; build institutions, strategies, master plans, and plans in a synchronized and unified manner, playing a tectonic role and strengthening inspection, examination, and supervision.

5. To promote the delegation of powers and decentralization and clearly delineate the competence of People's Councils, People's Committees, and Chairpersons of People's Committees; to clearly distinguish the general competence of People's Committees and the specific competence of Chairpersons of People's Committees; to ensure suitability with the tasks, powers, and capacities of agencies and individuals competent to perform the delineated tasks and powers.

6. To implement delegation of powers and decentralization among relevant sectors and fields in a synchronized, holistic, and interconnected manner, avoiding omission or overlaps, duplications in assigned tasks; to ensure the legal grounds for the normal, continuous, and smooth operation of agencies; to prevent work interruption, overlaps, duplication, or omission of functions, tasks, fields, or localities.

7. To ensure human rights and citizens' rights; to ensure transparency, creating favorable conditions for individuals and organizations in accessing information, exercising rights and obligations, and performing procedures as prescribed by law; not to affect the normal operation of society, people, and enterprises.

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

9. Resources for implementing tasks under delegation of powers and decentralization shall be allocated by the state budget as prescribed.

Article 3. Regarding charges and fees

In case administrative procedures require the payment of charges and fees as defined by the law on charges and fees, individuals and organizations submitting dossiers of request for handling of administrative procedures must concurrently pay the charges and fees to the dossier-receiving agencies. The rates of charges and fees, and the management and use of such charges and fees shall comply with the regulations of the Government, the Minister of Finance, or provincial-level People's Councils for the respective charges and fees.

 

CHAPTER II
DELEGATION OF POWERS AND DECENTRALIZATION IN THE FIELD OF OIL AND GAS

 

SECTION 1
DELEGATION OF POWERS IN THE FIELD OF OIL AND GAS

 

Article 4. Delegation of tasks and powers of the Prime Minister defined in the 2022 Law on Oil and Gas

1. The task and power of the Prime Minister regarding approval of the list of schemes on basic oil and gas investigation as defined in Clause 1 Article 10 of the 2022 Law on Oil and Gas shall be performed by the Ministry of Industry and Trade.

2. The task and power of the Prime Minister regarding approval of plans on contractor selection, contractor selection results and finalization of the contents of the oil and gas contracts as specified at Point a, c and d Clause 1 Article 24 of the 2022 Law on Oil and Gas shall be performed by the Ministry of Industry and Trade.

3. The task and power of the Prime Minister regarding approval of the contents of oil and gas contracts and modification of oil and gas contracts as defined in Clause 1 Article 26 and Clause 1 Article 28 of the 2022 Law on Oil and Gas shall be performed by the Ministry of Industry and Trade.

4. The task and power of the Prime Minister regarding decision on major contents of oil and gas contracts of other types as defined in Clause 2 Article 30 of the 2022 Law on Oil and Gas shall be performed by the Ministry of Industry and Trade.

5. The task and power of the Prime Minister regarding permission of extension of the term of oil and gas contracts or the extension of oil and gas prospecting period in special cases, permission of the extension of the period of retaining the discovered gas area as defined in Clauses 4 and 5 Article 31 of the 2022 Law on Oil and Gas shall be performed by the Ministry of Industry and Trade.

6. The task and power of the Prime Minister regarding approval of the expansion of  oil and gas contract areas and consolidation of oil and gas discoveries and oil and gas fields as defined in Clause 6 Article 32 of the 2022 Law on Oil and Gas shall be performed by the Ministry of Industry and Trade.

7. The task and power of the Prime Minister regarding approval of the transfer of participating interests, rights and obligations of contractors under oil and gas contracts as defined in Clause 2 Article 36 of the 2022 Law on Oil and Gas shall be performed by the Ministry of Industry and Trade.

8. The task and power of the Prime Minister regarding consideration and decision of the Vietnam National Industry - Energy Group’s exercise of the right to participate in, preemptive right to buy participating interests, and taking over of participating interests under, oil and gas contracts as defined in Clause 3 Article 39 of the 2022 Law on Oil and Gas shall be performed by the Ministry of Industry and Trade.

9. The task and power of the Prime Minister regarding consideration and approval of the appointment of the contractor to sign a new oil and gas contract upon the expiration of existing oil and gas contracts as defined in Clause 2 Article 40 of the 2022 Law on Oil and Gas shall be performed by the Ministry of Industry and Trade.

10. The task and power of the Prime Minister regarding approval of plans on subsequent handling of the oil and gas field, field cluster or blocks upon expiration of oil and gas contracts; mechanisms for enhanced oil recovery of oil and gas at oil and gas fields, field clusters and blocks as defined in Clauses 2, 3 and 5 Article 41 of the 2022 Law on Oil and Gas shall be performed by the Ministry of Industry and Trade.

11. The task and power of the Prime Minister regarding approval of the policy on implementation of the oil and gas field development project with a comprehensive chain of onshore and offshore oil and gas structures and equipment as defined in Clause 1 Article 42 of the 2022 Law on Oil and Gas shall be performed by the Ministry of Industry and Trade.

12. The order and procedures are provided for in Appendix I issued together with this Decree.

 

Section 2

DECENTRALIZATION IN THE FIELD OF OIL AND GAS

 

Article 5. Decentralization of tasks and powers of the Prime Minister in the Government’s Decree No. 45/2023/ND-CP dated July 01, 2023 detailing a number of articles of the Law on Oil and Gas

1. The task and power of the Prime Minister regarding approval of the list of basic oil and gas investigation schemes as defined in Clauses 6, 7 and 8 Article 3 of the Decree No. 45/2023/ND-CP shall be performed by the Ministry of Industry and Trade.

2. The task and power of the Prime Minister regarding approval of plans on contractor selection, contractor selection results as specified at Clause 5 Article 13 and Clauses 5 and 6 Article 20 of the Decree No. 45/2023/ND-CP shall be performed by the Ministry of Industry and Trade.

3. The task and power of the Prime Minister regarding approval of the contents of oil and gas contracts and modification of oil and gas contracts as defined in Clauses 4 and 5 Article 21, and Clauses 2 and 3 Article 23 of Decree No. 45/2023/ND-CP shall be performed by the Ministry of Industry and Trade.

4. The task and power of the Prime Minister regarding extension of term of oil and gas contracts, the oil and gas prospecting period in special cases, permission of extension of the period of retaining the discovered gas area as defined in Clause 4 Article 27 and Clause 8 Article 28 of Decree No. 45/2023/ND-CP shall be performed by the Ministry of Industry and Trade.

5. The task and power of the Prime Minister regarding approval of the request for expansion of oil and gas contract areas and consolidation of oil and gas discoveries and oil and gas fields as defined in Clause 4 Article 32 of Decree No. 45/2023/ND-CP shall be performed by the Ministry of Industry and Trade.

6. The task and power of the Prime Minister regarding approval of the transfer of participating interests, rights and obligations of contractors under oil and gas contracts as defined in Clauses 4 and 5 Article 33 of Decree No. 45/2023/ND-CP shall be performed by the Ministry of Industry and Trade.

7. The task and power of the Prime Minister regarding decision of the Vietnam National Industry - Energy Group’s exercise of the right to participate in, preemptive right to buy participating interests, and taking over of participating interests under, oil and gas contracts as defined in Clauses 4 and 5 Article 34 of Decree No. 45/2023/ND-CP shall be performed by the Ministry of Industry and Trade.

8. The task and power of the Prime Minister regarding consideration and approval of the appointment of the contractor to sign a new oil and gas contract upon the expiration of existing oil and gas contracts as defined in Clauses 1 and 2, Article 36 of Decree No. 45/2023/ND-CP shall be performed by the Ministry of Industry and Trade.

9. The task and power of the Prime Minister regarding approval of plans on subsequent handling of oil and gas fields, field clusters and blocks upon the expiration of oil and gas contracts as defined in Clause 6 Article 36 of Decree No. 45/2023/ND-CP shall be performed by the Ministry of Industry and Trade.

10. The task and power of the Prime Minister regarding taking over of the oil and gas field, field cluster or block from the contractor upon the expiration of oil and gas contracts as defined in Clause 7 Article 36 of Decree No. 45/2023/ND-CP shall be performed by the Ministry of Industry and Trade.

11. The task and power of the Prime Minister regarding approval of the policy on implementation of the oil and gas field development project with a comprehensive chain of onshore and offshore oil and gas structures and equipment as defined in Clause 4 Article 45 of Decree No. 45/2023/ND-CP shall be performed by the Ministry of Industry and Trade.

12. The order and procedures are provided for in Appendix I issued together with this Decree.

 

CHAPTER II
DELEGATION OF POWERS AND DECENTRALIZATION IN THE FIELD OF CHEMICALS

 

SECTOR 1
DELEGATION OF POWERS IN THE FIELD OF CHEMICALS

 

Article 6. Delegation of tasks and powers of the Prime Minister in the 2007 Law on Chemicals, as amended and supplemented in 2018 and 2023 (hereinafter referred to as the Law on Chemicals)

1. The task and power of the Prime Minister regarding permission of the production, import and use of chemicals on the list of banned chemicals in special cases for the purposes of scientific research, defense and security assurance or epidemic prevention and control, as specified in Clause 3, Article 19 of the Law on Chemicals, is carried out by the Ministry or ministerial-level agency assigned to manage chemicals on the list of banned chemicals.

2. The task and power of the Prime Minister regarding the responsibility for dispose of residual toxic chemicals of wars, as defined in Article 60 of the Law on Chemicals, is carried out by the provincial-level People's Committees.

3. The order and procedures are provided for in Appendix II issued together with this Decree.

Article 7. Delegation of tasks and powers of the line ministries under the Law on Chemicals

1. The task and power of the line ministries regarding the organization of grant of certificates of qualification for chemical production and trading, as defined in Clause 4, Article 14 of the Law on Chemicals, shall be performed by the provincial-level People's Committees.

2. The order and procedures are provided for in Appendix II issued together with this Decree.

 

Section 2
DECENTRALIZATION IN THE FIELD OF CHEMICALS

 

Article 8. Decentralization of tasks and powers of the Prime Minister under 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

1. The task and power of the Prime Minister regarding the grant, re-grant, adjustment, and revocation of licenses for the production of Schedule 1 chemicals, as defined in Clause 1, Points c and d Clause 3, Point c Clause 4 Article 11 and Point b Clause 2 Article 36 of Decree No. 33/2024/ND-CP, shall be carried out by the provincial-level People's Committees.

2. The task and power of the Prime Minister regarding the grant, re-grant, adjustment, renewal, and revocation of licenses for the import or export of Schedule 1 chemicals, as defined in Clause 1, Points c and dd Clause 3, Point c Clause 4, Point d Clause 6 Article 18 and Point b Clause 2 Article 36 of Decree No. 33/2024/ND-CP, shall be carried out by the provincial-level People's Committees. 3. The order and procedures are provided for in Appendix II issued together with this Decree.

Article 9. Decentralization of tasks and powers of the Ministry of Industry and Trade in Decree No. 33/2024/ND-CP

1. The task and power of the Ministry of Industry and Trade of receiving dossiers, appraising and evaluating physical conditions, and escalating the grant, re-grant, and adjustment of licenses for the production of Schedule 1 chemicals to the Prime Minister, as defined in Clause 1, Article 11 of Decree No. 33/2024/ND-CP, shall be carried out by the provincial-level People's Committees.

2. The task and power of the Ministry of Industry and Trade of receiving dossiers, appraising and evaluating physical conditions, granting, re-granting, and adjusting licenses for the production or trading of Schedule 2 or 3 chemicals, as defined in Clause 1, Article 12 of Decree No. 33/2024/ND-CP, shall be carried out by the provincial-level People's Committees.

3. The task and power of the Ministry of Industry and Trade regarding establishment of an evaluation team to evaluate the physical conditions of facilities producing or trading in scheduled chemicals, as defined in Clause 3, Article 13 of Decree No. 33/2024/ND-CP, shall be carried out by the provincial-level People's Committees.

4. The task and power of the Ministry of Industry and Trade of receiving the dossiers of application for grant, re-grant, adjustment, and renewal of licenses for the import or export of Schedule 1 chemicals, and submitting them to the Prime Minister, as defined in Clause 1, Article 18 of Decree No. 33/2024/ND-CP, shall be carried out by the provincial-level People's Committees.

5. The task and power of the Ministry of Industry and Trade of receiving the dossiers of application for grant, re-grant, adjustment, and renewal of licenses for the import or export of Schedule 2 or 3 chemicals, as defined in Clause 1, Article 19 of Decree No. 33/2024/ND-CP, shall be carried out by the provincial-level People's Committees.

6. The task and power of the Ministry of Industry and Trade of granting, re-granting, adjusting, renewing, and revoking licenses for the production, trading, import, or export of Schedule 2 or 3 chemicals; receiving dossiers and escalating the cases to Prime Minister for approval of grant, re-grant, adjustment, renewal, or revocation of licenses for the production, trading, import, or export of Schedule 1 chemicals, as defined at Point b, Clause 2, Article 36 of Decree No. 33/2024/ND-CP, shall be carried out by the provincial-level People's Committees.

7. The order and procedures for carrying out the tasks and powers specified in Clauses 2 and 5 of this Article are provided for in Appendix II issued together with this Decree.

Article 10. Decentralization of tasks and powers of the Ministry of Industry and Trade in the Decision No. 26/2016/QD-TTg dated July 01, 2016 of the Prime Minister, promulgating the Regulations on responding to toxic chemical incidents, as amended and supplemented by Decision No. 04/2020/QD-TTg dated January 13, 2020 of the Prime Minister, amending and supplementing a number of articles of the Regulations on responding to toxic chemical incidents issued together with Decision No. 26/2016/QD-TTg dated July 01, 2016 of the Prime Minister (hereinafter referred to as Decision No. 26/2016/QD-TTg)

1. The task and power of the Ministry of Industry and Trade regarding the approval of provincial-level toxic chemical incident prevention and response plans, as defined in Clause 2, Article 6 of Decision No. 26/2016/QD-TTg dated July 01, 2016 of the Prime Minister (as amended and supplemented by Clause 1, Article 1 of Decision No. 04/2020/QD-TTg dated January 13, 2020 of the Prime Minister), shall be carried out by the provincial-level People's Committees.

2. The order and procedures for performing Clause 1 of this Article are provided for in Appendix II issued together with this Decree.

 

Chapter IV
DELEGATION OF POWERS AND DECENTRALIZATION IN THE FIELD OF TRADE PROMOTION
Section 1
DELEGATION OF POWERS IN THE FIELD OF TRADE PROMOTION

 

Article 11. Delegation of tasks and powers of the Government in the 2005 Commercial Law, as amended and supplemented in 2017 and 2019 (hereinafter referred to as the Commercial Law)

The task and power of the Government of specifying the maximum value of goods and services used for sale promotion, and the maximum discount rate for sale promotion goods and services, which traders can apply in their sale promotion activities, as defined in Clause 4, Article 94 of the Commercial Law, shall be carried out by the Ministry of Industry and Trade.

Article 12. Delegation of tasks and powers of the Ministry of Industry and Trade in the Commercial Law

The task and power of the Ministry of Industry and Trade concerning the registration of traders providing trade fair and exhibition services, when arranging for other traders to participate in overseas trade fairs and exhibitions, as defined in Clause 2, Article 133 of the Commercial Law, shall be carried out by the provincial-level People's Committees.

 

Section 2.
DECENTRALIZATION IN THE FIELD OF TRADE PROMOTION

 

Article 13. Decentralization of tasks and powers of the Prime Minister in Decree No. 28/2018/ND-CP dated March 01, 2018 of the Government, detailing the Law on Foreign Trade Management regarding foreign trade development measures, as amended and supplemented by Decree No. 14/2024/ND-CP dated February 07, 2024 of the Government, amending and supplementing a number of articles of Decree No. 28/2018/ND-CP dated March 01, 2018 of the Government, detailing the Law on Foreign Trade Management regarding foreign trade development measures (hereinafter referred to as Decree No. 28/2018/ND-CP)

The task and power of the Prime Minister regarding the decision on other trade promotion activities funded by the national trade promotion program, as defined in Clause 5, Article 15 of Decree No. 28/2018/ND-CP, shall be carried out by the Minister of Industry and Trade.

Article 14. Decentralization of tasks and powers of the Ministry of Industry and Trade under Decree No. 81/2018/ND-CP dated May 22, 2018 of the Government, detailing the Commercial Law’s provisions on trade promotion, as amended and supplemented by Decree No. 17/2020/ND-CP dated February 5, 2020 of the Government, on amending and supplementing a number of Articles of Decrees concerning business investment conditions under the state management of the Ministry of Industry and Trade, and Decree No. 128/2024/ND-CP dated October 10, 2024 of the Government, amending and supplementing a number of articles of Decree No. 81/2018/ND-CP dated May 22, 2018 of the Government, detailing the Commercial Law’s provisions on trade promotion (hereinafter referred to as Decree No. 81/2018/ND-CP)

1. The task and power of the Ministry of Industry and Trade concerning the confirmation or non-confirmation of a trader organizing the participation of other traders, organizations, and individuals in overseas trade fairs and exhibitions (excluding trade fairs and exhibitions held within trade promotion programs or activities decided by the Prime Minister), as defined at Point b, Clause 2, Article 29 of Decree No. 81/2018/ND-CP, shall be carried out by the provincial-level People's Committees.

2. The order and procedures are provided for in Appendix III issued together with this Decree.

 

Chapter V
DECENTRALIZATION IN THE FIELD OF PETROL AND OIL TRADING

 

Article 15. Decentralization of tasks and powers of the Prime Minister in Decree No. 83/2014/ND-CP dated September 3, 2014 of the Government on petrol and oil trading, as amended and supplemented by 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, Decree No. 95/2021/ND-CP dated November 1, 2021 of the Government , on amending and supplementing a number of articles of the Government’s Decree No. 83/2014/ND-CP of September 3, 2014, on petrol and oil trading, and Decree No. 80/2023/ND-CP dated November 17, 2023 of the Government amending and supplementing a number of articles of the Government’s Decree No. 95/2021/ND-CP of November 1, 2021, and Decree No. 83/2014/ND-CP of September 3, 2014, on petrol and oil trading (hereinafter referred to as Decree No. 83/2014/ND-CP)

1. The task and power of the Prime Minister regarding permission of the transfer of shares to foreign investors, as defined in Article 5a of Decree No. 83/2014/ND-CP, shall be carried out by the Minister of Industry and Trade according to the order and procedures specified by the Minister of Industry and Trade.

2. The task and power of the Prime Minister of regulating the roadmap for application of the mixing proportion of bio-fuel and traditional fuels, as defined in Clause 19 Article 9, Clause 16 Article 15, and Point h Clause 1 Article 40 of Decree No. 83/2014/ND-CP, shall be carried out by the Ministry of Industry and Trade.

 

Chapter VI
DECENTRALIZATION IN THE FIELD OF GAS BUSINESS

 

Article 16. Decentralization of tasks and powers of the Ministry of Industry and Trade under Decree No. 87/2018/ND-CP dated June 15, 2018 of the Government on gas business, as amended and supplemented by Decree No. 17/2020/ND-CP 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)

1. The task and power of the Ministry of Industry and Trade regarding the grant, adjustment, re-grant, and revocation of certificates of eligibility for LPG/LNG/CNG importer/exporter, as defined in Clause 1 Article 44, Article 45, and Clause 2 Article 46 of Decree No. 87/2018/ND-CP, shall be carried out by the provincial-level People's Committees.

2. The task and power of the Ministry of Industry and Trade regarding the grant, adjustment, re-grant, and revocation of certificates of eligibility for producing and repairing LPG bottles, as defined in Clause 1 Article 44, Article 45, and Clause 2 Article 46 of Decree No. 87/2018/ND-CP, shall be carried out by the provincial-level People's Committees.

3. The task and power of the Ministry of Industry and Trade concerning the grant, adjustment, re-grant, and revocation of certificates of eligibility for producing mini-sized LPG bottles, as defined in Clause 1 Article 44, Article 45, and Clause 2 Article 46 of Decree No. 87/2018/ND-CP, shall be carried out by the provincial-level People's Committees.

4. The order and procedures for implementation are provided for in Appendix IV issued together with this Decree.

 

Chapter VII
DELEGATION OF POWERS AND DECENTRALIZATION IN THE FIELD OF TOBACCO BUSINESS AND LIQUOR BUSINESS

 

Section 1
DELEGATION OF POWERS IN THE FIELD OF TOBACCO BUSINESS

 

Article 17. Delegation of tasks and powers of the Prime Minister under the 2012 Law on Prevention and Control of Tobacco Harms, as amended and supplemented in 2018 and 2023 (hereinafter referred to as the Law on Prevention and Control of Tobacco Harms)

1. The task and power of the Prime Minister regarding written approval of contracts for licensing of tobacco manufacture industrial property rights made with enterprises already licensed for tobacco manufacture, as defined in Clause 4, Article 21 of the Law on Prevention and Control of Tobacco Harms, shall be performed by the Minister of Industry and Trade.

2. The order and procedures are provided for in Appendix V issued together with this Decree.

 

Section 2
DECENTRALIZATION OF POWERS IN THE FIELD OF TOBACCO BUSINESS

 

Article 18. Decentralization of the competence of the Prime Minister in Decree No. 67/2013/ND-CP dated June 27, 2013 of the Government detailing a number of articles of the Law on Prevention and Control of Tobacco Harms regarding tobacco business, as amended and supplemented by 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 of the Law on Prevention and Control of Tobacco Harms regarding tobacco business, Decree No. 08/2018/ND-CP, and Decree No. 17/2020/ND-CP (hereinafter referred to as Decree No. 67/2013/ND-CP)

1. The task and power of the Prime Minister regarding the permission of the manufacture of foreign tobacco brands for sale in Vietnam, as defined in Clause 2, Article 22 and Clause 8, Article 45 of Decree No. 67/2013/ND-CP, shall be carried out by the Minister of Industry and Trade.

2. The task and power of the Prime Minister regarding the approval of foreign investment in the form of cooperation in tobacco manufacture, as defined at Point dd Clause 1, Clause 2 Article 25 of Decree No. 67/2013/ND-CP, shall be carried out by the Minister of Industry and Trade.

3. The task and power of the Prime Minister regarding the approval of contracts on transfer of industrial property rights related to tobacco manufacture that are only made with enterprises already possessing a license to manufacture tobacco, as defined at Point dd Clause 1, Clause 3 Article 25 of Decree No. 67/2013/ND-CP, shall be performed by the Minister of Industry and Trade.

4. The task and power of the Prime Minister regarding special cases as defined in Clause 1, Article 32 of Decree No. 67/2013/ND-CP, shall be carried out by the Chairpersons of provincial-level People's Committees.

5. The task and power of the Ministry of Industry and Trade regarding the grant, re-grant, modification, and revocation of licenses to process tobacco materials, as defined in Clause 1, Article 14 and Article 43 of Decree No. 67/2013/ND-CP, shall be carried out by the provincial-level People's Committees.

6. The task and power of the Ministry of Industry and Trade regarding import of tobacco materials and cigarette rolling papers for tobacco production for domestic sale, as defined at Point d, Clause 2, Article 36 of Decree No. 67/2013/ND-CP, shall be carried out by the provincial-level People's Committees.

7. The task and power of the Ministry of Industry and Trade concerning written approval for renting, borrowing, or buying machinery and equipment from enterprises with excess capacity for tobacco manufacture, and the redistribution of tobacco manufacturing capacity of enterprises, as defined at Point b Clause 3, Clause 4 Article 21 of Decree No. 67/2013/ND-CP, shall be carried out by the provincial-level People's Committees.

8. The task and power of the Ministry of Industry and Trade regarding investment in upgrading equipment and technologies; investment in manufacture and processing of tobacco for export; moving of places under master plans; investment in tobacco ingredient processing, as defined in Clause 2, Article 24 of Decree No. 67/2013/ND-CP, shall be carried out by the provincial-level People's Committees.

9. The task and power of the Ministry of Industry and Trade regarding the import of tobacco for non-commercial purposes, as defined in Clause 3, Article 31 of Decree No. 67/2013/ND-CP, shall be carried out by the provincial-level People's Committees.

10. The task and power of the Ministry of Industry and Trade regarding the sale, export, re-export, and liquidation of machines and equipment exclusively used for the tobacco industry of enterprises that manufacture tobacco or process tobacco materials, as defined at Point b Clause 2, Clause 3, Clause 4, and Clause 5, Article 33 of Decree No. 67/2013/ND-CP, shall be carried out by the provincial-level People's Committees.

11. The task and power of the Ministry of Industry and Trade regarding the permission of the import of machines and equipment exclusively used for the tobacco industry, as defined in Clause 2, Article 34 of Decree No. 67/2013/ND-CP, shall be carried out by the provincial-level People's Committees.

12. The task and power of the Ministry of Industry and Trade regarding the organization of the inspection, detection, and handling of tobacco product manufacturing machinery and equipment without legal origin, as defined in Clause 3, Article 35 of Decree No. 67/2013/ND-CP, shall be carried out by the provincial-level People's Committees in coordination with the Ministry of Industry and Trade, the Ministry of Public Security, and the Ministry of Finance.

13. The task and power of the Ministry of Industry and Trade regarding the approval of the import of tobacco materials and cigarette rolling papers for export production and export processing, as defined at Point d, Clause 2, Article 36 of Decree No. 67/2013/ND-CP, shall be carried out by the provincial-level People's Committees.

14. The order and procedures for implementation of Clauses 1, 2, 3, 5, 6, 8, 9, 10, 11, 12 and 13 of this Article are provided for in Appendix V issued together with this Decree.

Article 19. Decentralization of tasks and powers of the Ministry of Industry and Trade in Decree No. 67/2013/ND-CP

1. The task and power of the Ministry of Industry and Trade regarding the grant, re-grant, modification, and revocation of license to tobacco distribution of the Ministry of Industry and Trade, as defined at Point a, Clause 1, Article 28 and Article 43 of Decree No. 67/2013/ND-CP, shall be carried out by the provincial-level People's Committees.

2. The order and procedures for implementation are provided for in Appendix V issued together with this Decree.

 

Section 3
DECENTRALIZATION IN THE FIELD OF LIQUOR BUSINESS

 

Article 20. Decentralization of tasks and powers of the Ministry of Industry and Trade in Decree No. 105/2017/ND-CP dated September 14, 2017 of the Government, on liquor business, as amended and supplemented by Decree No. 17/2020/ND-CP (hereinafter referred to as Decree No. 105/2015/ND-CP)

1. The task and power of the Ministry of Industry and Trade concerning the grant, modification, re-grant, and revocation of liquor industrial production licenses of at least 3 million liters per year, as defined at Point a, Point d Clause 1 Article 25 and Clause 2 Article 33 of Decree No. 105/2017/ND-CP, shall be carried out by the provincial-level People's Committees.

2. The task and power of the Ministry of Industry and Trade concerning the grant, modification, re-grant, and revocation of liquor distribution licenses, as defined at Point a, Point d Clause 1 Article 25 and Clause 2 Article 33 of Decree No. 105/2017/ND-CP, shall be carried out by the provincial-level People's Committees.

3. The order and procedures for implementation are provided for in Appendix VI issued together with this Decree.

 

Chapter VIII
DECENTRALIZATION IN THE FIELD OF MARKETPLACE DEVELOPMENT AND MANAGEMENT

 

Article 21. Decentralization of tasks and powers of the Ministry of Industry and Trade under Decree No. 60/2024/ND-CP dated June 5, 2024, of the Government on marketplace development and management, as amended and supplemented by Decree No. 115/2024/ND-CP of the Government detailing a number of articles of and measures to implement the Bidding Law regarding selection of investors to implement land-using investment projects (hereinafter referred to as Decree No. 60/2024/ND-CP)

The task and power of the Ministry of Industry and Trade concerning the direction and organization of further training on development and management of marketplaces, as defined at Point b, Clause 1, Article 38 of Decree No. 60/2024/ND-CP, shall be carried out by the provincial-level People's Committees.

 

 Chapter IX
DELEGATION OF POWERS AND DECENTRALIZATION IN THE FIELD OF INDUSTRIAL EXPLOSIVES MATERIALS AND EXPLOSIVE PRECURSORS

 

Section 1
DELEGATION OF POWERS IN THE FIELD OF INDUSTRIAL EXPLOSIVE MATERIALS AND EXPLOSIVE PRECURSORS

 

Article 22. Delegation of tasks and powers of the Prime Minister in the 2024 Law on Management and Use of Weapons, Explosive Materials and Support Tools

1. The task and power of the Prime Minister of assigning duties to organizations and enterprises producing industrial explosive materials, as defined at Point a, Clause 2, Article 34 and Point b, Clause 1, Article 35 of the 2024 Law on Management and Use of Weapons, Explosive Materials and Support Tools, shall be carried out by the Minister of Industry and Trade, the Minister of Public Security, and the Minister of National Defence within their respective tasks and powers.

2. The task and power of the Prime Minister of assigning duties to enterprises engaged in industrial explosive material business, as defined at Point a, Clause 3, Article 34 and Point b, Clause 1, Article 36 of the 2024 Law on Management and Use of Weapons, Explosive Materials and Support Tools, shall be carried out by the Minister of Industry and Trade, the Minister of Public Security, and the Minister of National Defence within their respective tasks and powers.

3. The order and procedures for implementation of Clauses 1 and 2 of this Article are provided for in Appendix VII issued together with this Decree.

Article 23. Delegation of tasks and powers of the Minister of Industry and Trade in the 2024 Law on Management and Use of Weapons, Explosive Materials and Support Tools

1. The task and power of the Minister of Industry and Trade concerning the issuance of documents requesting the grant of permits for mine detonation services on the continental shelf or mine detonation services with operational scope across the entire territory of the Socialist Republic of Vietnam, as specified at Point b, Clause 4, Article 40 of the 2024 Law on Management and Use of Weapons, Explosive Materials and Support Tools, shall be carried out by the provincial-level People's Committees.

2. The task and power of the Minister of Industry and Trade regarding the regulations of the agencies competent to grant certificates of eligibility for producing explosive precursors, as specified in Clause 5, Article 44 of the Law on Management and Use of Weapons, Explosive Materials and Support Tools, shall be carried out by the provincial-level People's Committees.

3. The order and procedures for implementation of Clause 1 of this Article are provided for in Appendix VII issued together with this Decree.

 

Section 2
DECENTRALIZATION IN THE FIELD OF INDUSTRIAL EXPLOSIVE MATERIALS

 

Article 24. Decentralization of tasks and powers of the Ministry of Industry and Trade in Decree No. 181/2024/ND-CP dated December 31, 2024, of the Government detailing a number of articles of the Law on Management and Use of Weapons, Explosive Materials and Support Tools regarding industrial explosive materials and explosive precursors

1. The task and power of the Ministry of Industry and Trade concerning the training, inspection, grant and re-grant of certificates of industrial explosive material safety technical training, as defined in Clause 1 Article 6, Article 9, and Point b Clause 1 Article 18 of Decree No. 181/2024/ND-CP, shall be carried out by the provincial-level People's Committees.

2. The order and procedures for implementation of Clause 1 of this Article are provided for in Appendix VII issued together with this Decree.

 

CHAPTER X
DELEGATION OF POWERS AND DECENTRALIZATION IN THE FIELD OF ELECTRICAL SAFETY

 

Section 1
DELEGATION OF POWERS IN THE FIELD OF ELECTRICAL SAFETY

 

Article 25. Delegation of tasks and powers of the Government in the 2024 Law on Electricity

1. The task and power of the Government concerning regulations on the electricity work safety protection, as defined in Clause 5, Article 67 of the 2024 Law on Electricity, shall be carried out by the Minister of Industry and Trade.

2. The task and power of the Government concerning regulations on safety corridors of electricity works, as defined in Clause 10, Article 68 of the 2024 Law on Electricity, shall be carried out by the Minister of Industry and Trade.

3. The task and power of the Government concerning general provisions on electrical safety, as defined in Clause 9, Article 69 of the 2024 Law on Electricity, shall be carried out by the Minister of Industry and Trade.

4. The task and power of the Government concerning general regulations on safety in the use of electricity for domestic use or service provision purpose, as defined in Clause 3, Article 74 of the 2024 Law on Electricity, shall be carried out by the Minister of Industry and Trade.

5. The task and power of the Government concerning general regulations on the classification and grading of hydropower works, as defined in Clause 7, Article 75 of the 2024 Law on Electricity, shall be carried out by the Minister of Industry and Trade.

6. The task and power of the Government concerning general regulations on safety in the stage of management and operation, as defined in Clause 5, Article 77 of the 2024 Law on Electricity, shall be carried out by the Minister of Industry and Trade.

7. The task and power of the Government concerning general regulations on the scope of protection of hydropower works, as defined in Clause 8, Article 78 of the 2024 Law on Electricity, shall be carried out by the Minister of Industry and Trade.

 

Section 2
DECENTRALIZATION IN THE FIELD OF ELECTRICAL SAFETY

 

Article 26. Decentralization of tasks and powers of the Government in Decree No. 62/2025/ND-CP dated March 4, 2025, of the Government detailing the implementation of the Law on Electricity regarding the protection of electricity works and safety in the field of electricity

1. The task and power of the Government concerning regulations on safety corridors of electricity works, as defined in Clause 2, Article 12 of Decree No. 62/2025/ND-CP, shall be carried out by the Ministry of Industry and Trade.

2. The task and power of the Prime Minister regarding the approval of the list of particularly important hydropower works, as defined at Point a, Clause 5, Article 30 of Decree No. 62/2025/ND-CP, shall be carried out by the Ministry of Industry and Trade.

3. The task and power of the Minister of Industry and Trade regarding the appraisal, approval, and approval of adjustments to protection plans for particularly important hydropower dams and reservoirs, and hydropower dams and reservoirs  located in 2 or more than 2 provinces, as defined at Point a, Clause 5, Article 76 of the 2024 Law on Electricity, and Point a Clause 4 and Clause 7 Article 35 of Decree No. 62/2025/ND-CP, shall be carried out by Chairpersons of the provincial-level People's Committees.

4. The order and procedures for performing Clause 3 of this Article are provided for in Appendix VIII issued together with this Decree.

 

Chapter XI

DECENTRALIZATION IN THE FIELD OF OCCUPATIONAL SAFETY AND HEALTH

 

Article 27. Decentralization of tasks and powers of the Ministry of Industry and Trade in Decree No. 44/2016/ND-CP dated May 15, 2016, of the Government detailing a number of articles of the Law on Occupational Safety and Health regarding occupational safety inspection, training in occupational safety and health, and working environment monitoring.

1. The task and power of the Ministry of Industry and Trade concerning the grant and re-grant of inspector certificates within its management competence, as defined in Clause 4, Article 42 of Decree No. 44/2016/ND-CP, shall be carried out by the provincial-level People's Committees.

2. The order and procedures for implementation of Clause 1 of this Article are provided for in Appendix IX issued together with this Decree.

 

Chapter XII
DELEGATION OF POWERS AND DECENTRALIZATION IN THE FIELD OF COMMERCE, EXPORT, AND IMPORT

 

Section 1
DELEGATION OF POWERS IN THE FIELD OF COMMERCE, EXPORT, AND IMPORT

 

Article 28. Delegation of tasks and powers of the Prime Minister, Ministry of Industry and Trade in the 2017 Law on Foreign Trade Management

1. The task and power of the Prime Minister on decision on permission of the export or import of the goods, as defined in Clause 1, Article 10 of the 2017 Law on Foreign Trade Management, for special purposes, warranty, analysis, testing, specific research, health care, manufacture of pharmaceuticals or protection of national defense and security, as defined in Clause 2, Article 10 of the 2017 Law on Foreign Trade Management, shall be carried out by the competent Ministry or ministerial-level agency, except for strategically significant technical military equipment and special professional technical means under the law on defense and security industry, and industrial mobilization.

2. The task and power of the Prime Minister regarding consideration and decision on permission of the goods being weapons, explosive materials, explosives precursors and supporting tools, as defined in Clause 1, Article 44 of the 2017 Law on Foreign Trade Management, shall be carried out by the Ministry of Industry and Trade in coordination with the Ministry of National Defence and the Ministry of Public Security.

3. The task and power of the Prime Minister regarding decision on permitting traders to process goods on the List of goods banned from export or import or goods suspended from export or import for foreign traders for overseas consumption, as defined in Clause 3, Article 51 of the 2017 Law on Foreign Trade Management, shall be carried out by the competent Ministry or ministerial-level agency.

4. The task and power of the Ministry of Industry and Trade concerning the licensing of the transit of goods on the List of goods banned from export or import; goods suspended from export or import; or goods banned from trading as prescribed by law, as defined in Clause 2, Article 44 of the 2017 Law on Foreign Trade Management, shall be carried out by the provincial-level People's Committees.

5. The task and power of the Ministry of Industry and Trade concerning permission the extension of transit period for the goods in transit, as defined in Clause 2, Article 44 of the Law on Foreign Trade Management and according to Clause 2, Article 47 of the Law on Foreign Trade Management, shall be carried out by the provincial-level People's Committees.

6. The task and power of the Minister of Industry and Trade concerning the grant of certificates of origin for goods and written approvals for traders to self-certify the origin of exports, as defined in Article 34 of the 2017 Law on Foreign Trade Management, shall be carried out by the Minister of Industry and Trade and the provincial-level People's Committees in accordance with the law on goods origin.

7. The order and procedures for implementation are provided for in Appendix X issued together with this Decree.

Article 29. Delegation of tasks and powers of the Prime Minister under the 2005 Commercial Law

1. The task and power of the Prime Minister concerning the approval of goods and services banned from export for participation in overseas trade fairs and exhibitions, as defined in Clause 2, Article 135 of the Commercial Law, shall be carried out by the competent Ministry or ministerial-level agency.

2. The task and power of the Prime Minister concerning the approval of the sale and presentation as gifts of goods, which are banned from export but have been temporarily exported for participation in overseas trade fairs and exhibitions, as defined in Clause 2, Article 137 of the Commercial Law, shall be carried out by the competent Ministry or ministerial-level agency.

3. The order and procedures for implementation of Clauses 1 and 2 of this Article are provided for in Appendix X issued together with this Decree.

Article 30. Delegation of tasks and powers of the Ministry of Industry and Trade under the 2024 Law on People’s Air Defense

1. The task and power of the Ministry of Industry and Trade concerning the grant of licenses for import, temporary import for re-export, temporary export for re-import of unmanned aircraft, other flying vehicles, aircraft engines, aircraft propellers and equipment and devices of unmanned aircraft and other flying vehicles, as defined in Clause 3, Article 27 of the 2024 Law on People’s Air Defense, shall be carried out by the provincial-level People's Committees after obtaining written consent from the Ministry of National Defense and the Ministry of Public Security.

2. The order and procedures for implementation of Clause 1 of this Article shall comply with legal documents guiding the implementation of the 2024 Law on People's Air Defense.

 

Section 2
DECENTRALIZATION IN THE FIELD OF COMMERCE, EXPORT, AND IMPORT

 

Article 31. Decentralization of tasks and powers of the Prime Minister, Ministries, and ministerial-level agencies under Decree No. 69/2018/ND-CP dated May 15, 2018 of the Government detailing a number of articles of the Law on Foreign Trade Management

1. The task and power of the Prime Minister regarding the consideration and decision on permission of the export of goods banned from export or the import of goods banned from import for special use purposes or for warranty, analysis, testing, scientific research, health care, pharmaceutical production, and national defense and security purposes, as defined in Clause 3, Article 5 of Decree No. 69/2018/ND-CP, shall be carried out by the competent Ministry or ministerial-level agency, except for strategically significant technical military equipment and special professional technical means as specified in the law on national defense and security industry, and industrial mobilization.

2. The task and power of the Prime Minister concerning the approval of goods banned from export for participation in overseas trade fairs and exhibitions, as defined in Clause 4, Article 17 of Decree No. 69/2018/ND-CP, shall be carried out by the competent Ministry or ministerial-level agency.

3. The task and power of the Prime Minister regarding consideration and decision on permission of the goods being weapons, explosive materials, explosives precursors and supporting tools, as defined at Point a, Clause 1, Article 35 of Decree No. 69/2018/ND-CP, shall be carried out by the Ministry of Industry and Trade in coordination with the Ministry of National Defence and the Ministry of Public Security.

4. The task and power of the Prime Minister regarding consideration and decision on the processing of goods banned or suspended from export or import for foreign traders for sale abroad, as defined in Article 46 of Decree No. 69/2018/ND-CP, shall be carried out by the competent Ministry or ministerial-level agency.

5. The task and power of the Ministry of Industry and Trade concerning the licensing of import of goods that directly affect national defense and security which are on the List in Appendix IV to the Decree No. 69/2018/ND-CP but not for national defense and security purposes, as defined in Clause 4, Article 8 of Decree No. 69/2018/ND-CP, shall be carried out by the provincial-level People's Committees based on the opinions of the Ministry of National Defence and the Ministry of Public Security.

6. The task and power of the Ministries or ministerial-level agencies competent to grant and revoke CFS for exported goods, as defined in Clauses 1 and 4, Article 11 of Decree No. 69/2018/ND-CP, shall be carried out by the provincial-level People's Committees. The process and procedures for granting CFS for exported goods shall comply with Clause 3, Article 11 of Decree No. 69/2018/ND-CP.

7. The task and power of the Ministry of Industry and Trade concerning the grant of licenses for temporary import for re-export business, as defined at Point b, Clause 1, Article 13 of Decree No. 69/2018/ND-CP, shall be carried out by the provincial-level People's Committees.

8. The task and power of the Ministry of Industry and Trade concerning the regulation of goods for temporary import for re-export business, as defined in Clause 2, Article 14 of Decree No. 69/2018/ND-CP, shall be carried out by the provincial-level People's Committees.

9. The task and power of the Ministry of Industry and Trade concerning the grant of licenses for temporary import for re-export in other forms, as defined at Point a, Clause 1, Article 15 of Decree No. 69/2018/ND-CP, shall be carried out by the provincial-level People's Committees.

10. The task and power of the Ministry of Industry and Trade concerning the grant of licenses for temporary export for re-import, as defined at Point a, Clause 1 and Point a, Clause 3, Article 17 of Decree No. 69/2018/ND-CP, shall be carried out by the provincial-level People's Committees.

11. The task and power of the Ministry of Industry and Trade concerning the grant of licenses for border-gate transfer business, as defined at Point a, Clause 1, Article 18 of Decree No. 69/2018/ND-CP, shall be carried out by the provincial-level People's Committees.

12. The task and power of the Ministry of Industry and Trade concerning the grant, revocation, and temporary suspension of the validity of codes for temporary import for re-export business, as defined in Clause 1 Article 26, Clauses 1 and 2 Article 28, and Clause 1 Article 29 of Decree No. 69/2018/ND-CP; management, use and refund of deposits made by enterprises; and organizing inspection and certification of the conditions on warehouses and storing yards of enterprises conducting the temporary import for re-export business for frozen foodstuffs, as defined in Article 30 and Clause 2, Article 32 of Decree No. 69/2018/ND-CP, shall be carried out by the provincial-level People's Committees.

13. The task and power of the Ministry of Industry and Trade concerning consideration of grant of transit licenses for goods banned from export or import; goods suspended from export or import; and goods banned from trading according to law regulations, as defined at Point b, Clause 1, Article 35 of Decree No. 69/2018/ND-CP, shall be carried out by the provincial-level People's Committees.

14. The task and power of the competent Ministry or ministerial-level agency to grant licenses for traders to sign contracts of goods purchase and sale agents for import under license, as defined in Clause 1, Article 50 of Decree No. 69/2018/ND-CP, shall be carried out by the provincial-level People's Committees.

15. The order and procedures for implementation are provided for in Appendix X issued together with this Decree.

Article 32. Decentralization of tasks and powers of the Ministry of Industry and Trade in Decree No. 14/2018/ND-CP dated January 23, 2018 of the Government prescribing in detail border trade activities

The task and power of the Ministry of Industry and Trade of assuming the prime responsibility for, and coordinating with relevant agencies in, reporting to the Prime Minister for consideration and permission of goods trading and exchange activities to be carried out via locations other than secondary border gates and border crossings, as defined in Clauses 1 and 2, Article 6 of Decree No. 14/2018/ND-CP and Clause 3, Article 6 of Decree No. 14/2018/ND-CP, shall be carried out by the provincial-level People's Committees.

Article 33. Decentralization of tasks and powers of the Ministry of Industry and Trade and the Minister of Industry and Trade in Decree No. 90/2007/ND-CP dated May 31, 2007 of the Government regulating the export and import rights of foreign traders without presence in Vietnam

1. The task and power of the Ministry of Commerce (currently the Ministry of Industry and Trade) and the Minister of Commerce (currently the Minister of Industry and Trade) concerning the grant, re-grant, modification, extension, and revocation of certificates of registration of the export and import rights for foreign traders without presence in Vietnam, as defined in Article 6 of Decree No. 90/2007/ND-CP, shall be carried out by the provincial-level People's Committees.

2. The order and procedures for implementation are provided for in Appendix X issued together with this Decree.

Article 34. Decentralization of tasks and powers of the Ministry of Industry and Trade under Decree No. 100/2020/ND-CP dated August 28, 2020 of the Government on duty-free business

1. The task and power of the Ministry of Industry and Trade concerning the grant of licenses for import of tobacco products for duty-free business, as defined in Clause 1, Article 5 of Decree No. 100/2020/ND-CP, shall be carried out by the provincial-level People's Committees.

2. The order and procedures for implementation are provided for in Appendix X issued together with this Decree.

 

Chapter XIII
DECENTRALIZATION IN THE FIELD OF GOODS TRADING ACTIVITIES AND ACTIVITIES DIRECTLY RELATED TO GOODS TRADING BY FOREIGN INVESTORS, FOREIGN-INVESTED ECONOMIC ORGANIZATIONS IN VIETNAM, AND VIETNAM-BASED REPRESENTATIVE OFFICES AND BRANCHES OF FOREIGN TRADERS

 

Article 35. Decentralization of tasks and powers of the Ministry of Industry and Trade in Decree No. 07/2016/ND-CP dated January 25, 2016 of the Government, detailing the Commercial Law regarding Vietnam-based representative offices and branches of foreign traders

1. The task and power of the Ministry of Industry and Trade concerning the grant, re-grant, adjustment, renewal, and revocation of establishment licenses of branches of foreign traders and the operation termination of branches, as defined in Article 6 of Decree No. 07/2016/ND-CP, shall be carried out by the provincial-level People's Committees.

2. The order and procedures for implementation of Clause 1 of this Article shall comply with Articles 12, 13, 16, 17, 19, 20, 22, 23, 36, and 37 of Decree No. 07/2016/ND-CP.

Article 36. Decentralization of tasks and powers of the Ministry of Industry and Trade and line ministries under Decree No. 09/2018/ND-CP dated January 15, 2018 of the Government on goods trading activities and activities directly related to goods trading by foreign investors and foreign-invested economic organizations in Vietnam

1. The task and power of the Ministry of Industry and Trade of providing opinions before granting or changing the registration for goods trading activities and activities directly related to goods trading in relevant documents under the Law on Investment and the Law on Enterprises that are defined in Clause 2, Article 6 of Decree No. 09/2018/ND-CP, shall be carried out by the provincial-level People's Committees.

2. The task and power of the Ministry of Industry and Trade and line ministries regarding consideration and approval during the process of grant of business licenses and retail establishment licenses, as defined in Clause 3 Article 8, Article 10, Article 25, and Clause 2 Article 38 of Decree No. 09/2018/ND-CP, shall be carried out by the provincial-level People's Committees.

3. The order and procedures for implementation of Clause 2 of this Article shall comply with Clauses 4, 5, 6 Article 13, Clauses 3, 4, 5 Article 28, Clauses 6, 7, 8 Article 29, and Clause 2 Article 38 of Decree No. 09/2018/ND-CP.

 

Chapter XIV
DECENTRALIZATION IN THE FIELD OF FOOD SAFETY

 

Article 37. Decentralization of tasks and powers of the Ministry of Industry and Trade under Decree No. 15/2018/ND-CP dated February 2, 2018 of the Government, detailing a number of articles of the Law on Food Safety

1. The task and power of the Minister of Industry and Trade concerning state inspection of exported food, as defined in Clause 1, Article 23 of Decree No. 15/2018/ND-CP, shall be carried out by Chairpersons of the provincial-level People's Committees.

2. The authority, tasks, and powers of the Minister of Industry and Trade concerning the tracing of origin of unsafe food products, as defined in Clause 2, Article 35 of Decree No. 15/2018/ND-CP, shall be carried out by Chairpersons of the provincial-level People's Committees.

3. The task and power of the Ministry of Industry and Trade concerning the designation of laboratories to perform food tests for state management purposes and verifying laboratories; and final conclusions in case of different testing results given by various testing laboratories under its assigned management, as defined in Clause 8, Article 39 of Decree No. 15/2018/ND-CP and Article 25 of Decree No. 77/2016/ND-CP, shall be carried out by the provincial-level People's Committees.

4. The task and power of the Ministry of Industry and Trade concerning the designation of agencies to perform the state inspection of food safety of imported products under its assigned management, as defined in Clause 9, Article 39 of Decree No. 15/2018/ND-CP, shall be carried out by the provincial-level People's Committees.

5. The task and power of the Ministry of Industry and Trade concerning the grant of certificates of food safety eligibility under the management of the Ministry of Industry and Trade, as defined in Clause 6, Article 39 of Decree No. 15/2018/ND-CP, shall be carried out by the provincial-level People's Committees.

6. The order and procedures for implementation are provided for in Appendix XI issued together with this Decree.

 

Chapter XV
DECENTRALIZATION IN THE FIELD OF PRODUCT AND GOODS QUALITY

 

Article 38. Decentralization of tasks and powers of the Ministry of Industry and Trade in Decree No. 132/2008/ND-CP dated December 31, 2008, detailing the implementation of a number of articles of the Law on Product and Goods Quality regarding product and goods quality management

1. The task and power of the Ministry of Industry and Trade concerning the designation of conformity assessment organizations and the recognition of conformity assessment results, as defined in Article 18 of Decree No. 132/2008/ND-CP, shall be carried out by the provincial-level People's Committees.

2. The order and procedures for implementation are provided for in Appendix XII issued together with this Decree.

Article 39. Decentralization of tasks and powers under Decree No. 107/2016/ND-CP dated July 1, 2016 of the Government, prescribing conditions for provision of conformity assessment services, as amended and supplemented by Decree No. 154/2018/ND-CP (hereinafter referred to as Decree No. 107/2016/ND-CP)

1. The task and power of the Ministry of Industry and Trade concerning the grant of accreditation operation registration certificates for products, goods, production or service provision processes and the environment under the state management responsibility of the Ministry of Industry and Trade, as defined in Article 4 of Decree No. 107/2016/ND-CP dated July 1, 2016 of the Government, prescribing conditions for provision of conformity assessment services, shall be carried out by the provincial-level People's Committees.

2. The order and procedures for implementation are provided for in Appendix XII issued together with this Decree.

 

Chapter XVI
DELEGATION OF POWERS AND DECENTRALIZATION IN THE FIELD OF ELECTRICITY

 

Section 1
DELEGATION OF POWERS IN THE FIELD OF ELECTRICITY

 

Article 40. Delegation of tasks and powers of the Prime Minister under the 2024 Law on Electricity

1. The task and power of the Prime Minister concerning the approval of the list of electricity investment projects not subject to the National Assembly’s investment policy approval and included in power development plans, as defined at Point c, Clause 1, Article 18 of the 2024 Law on Electricity, shall be carried out by the Ministry of Industry and Trade.

2. The task and power of the Prime Minister of assigning enterprises with 100% charter capital held by the State to conduct the survey of offshore wind power projects before investor selection, as defined at Point a, Clause 2, Article 27 of the 2024 Law on Electricity, shall be carried out by the Ministry of Agriculture and Environment.

3. The task and power of the Prime Minister concerning decision on the roadmap for reduction of cross-subsidies in electricity prices; the roadmap for renovation of the electricity retail tariff structure that comprises multi-component retail prices with at least two components such as capacity price, energy price, fixed price, variable price or other price components (if any) applicable to groups of electricity users as soon as technical conditions permit, as defined at Point c, Clause 3, Article 50 of the 2024 Law on Electricity, shall be carried out by the Ministry of Industry and Trade.

4. The task and power of the Prime Minister concerning the approval of the national electricity demand management program as appropriate to the socio-economic situation in each period, which states electricity demand management measures, financial mechanisms and participation responsibilities of related parties, as defined in Clause 4, Article 54 of the 2024 Law on Electricity, shall be carried out by the Ministry of Industry and Trade.

5. The order and procedures for carrying out the tasks and powers defined in Clause 2 of this Article shall be regulated by the Minister of Agriculture and Environment.

6. The order and procedures for implementation of Clauses 1, 3 and 4 of this Article are provided for in Appendix XIII issued together with this Decree.

Article 41. Delegation of tasks and powers of the Ministry of Industry and Trade in the 2024 Law on Electricity

1. The task and power of the Ministry of Industry and Trade concerning the specific pricing of service of pipeline natural gas transportation and service of storage, recycling, transportation and distribution of liquefied natural gas for electricity generation, as defined in Clause 3, Article 79 of the 2024 Law on Electricity, shall be carried out by the provincial-level People's Committees.

2. The order and procedures for implementation of Clause 1 of this Article shall comply with Section 2 of Decree No. 85/2024/ND-CP dated July 10, 2024 of the Government detailing a number of articles of the Law on Prices, and Circular No. 45/2024/TT-BTC dated July 1, 2024 of the Minister of Finance promulgating the general pricing methods for goods and services priced by the State, and other relevant legal documents.

 

Section 2
DECENTRALIZATION IN THE FIELD OF ELECTRICITY

 

Article 42. Decentralization of tasks and powers of the Ministry of Industry and Trade in Decree No. 56/2025/ND-CP dated March 3, 2025 of the Government, detailing a number of articles of the Electricity Law on electricity development master plan, electricity supply network development plan, investment in construction of electricity projects and bidding for selection of investors for electricity business investment projects

1. The task and power of the Ministry of Industry and Trade concerning the determination of the price of LNG storage, regasification, transportation and distribution services for electricity production, as defined in Clause 2, Article 15 of Decree No. 56/2025/ND-CP, shall be carried out by the provincial-level People's Committees.

2. The order and procedures for implementation of Clause 1 of this Article shall comply with Section 2 of Decree No. 85/2024/ND-CP dated July 10, 2024 of the Government detailing a number of articles of the Law on Prices, and Circular No. 45/2024/TT-BTC dated July 1, 2024 of the Minister of Finance promulgating the general pricing methods for goods and services priced by the State, and other relevant legal documents.

Article 43. Decentralization of tasks and powers of the Ministry of Industry and Trade in Decree No. 61/2025/ND-CP dated March 4, 2025 of the Government detailing a number of articles of the Law on Electricity regarding electricity operation licenses

1. The task and power of the Ministry of Industry and Trade concerning the grant of electricity operation licenses in the field of electricity distribution, as defined at Point c, Clause 1, Article 22 of Decree No. 61/2025/ND-CP, shall be carried out by the provincial-level People's Committees.

2. The task and power of the Ministry of Industry and Trade concerning the grant of electricity operation licenses in the field of electricity wholesaling and retailing, as defined at Point d and Point e, Clause 1, Article 22 of Decree No. 61/2025/ND-CP, shall be carried out by the provincial-level People's Committees.

3. The order and procedures for grant, modification, re-grant, and renewal of electricity operation licenses shall comply with Article 18 of Decree No. 61/2025/ND-CP.

4. The order and procedures for the revocation of electricity operation licenses shall comply with Clause 3, Article 23 of Decree No. 61/2025/ND-CP.

 

Chapter XVII
DELEGATION OF POWERS AND DECENTRALIZATION IN THE FIELD OF PROTECTION OF CONSUMER RIGHTS

 

Section 1
DELEGATION OF POWERS IN THE FIELD OF PROTECTION OF CONSUMER RIGHTS

 

Article 44. Delegation of tasks and powers of the Government in the 2023 Law on Protection of Consumer Rights

The task and power of the Government of detailing the Law on Protection of Consumer Rights, as defined in Clause 9 Article 3, Clause 2 Article 9, Clause 2 Article 13, Clause 5 Article 23, Clause 5 Article 28, Clause 3 Article 32, Clause 5 Article 33, Clause 4 Article 37, Clause 5 Article 39, Clause 3 Article 40, Clause 3 Article 47, and Clause 2 Article 73 of the 2023 Law on Protection of Consumer Rights, shall be carried out by the Minister of Industry and Trade.

Article 45. Delegation of tasks and powers of the Prime Minister in the 2023 Law on Protection of Consumer Rights

1. The task and power of the Prime Minister concerning the promulgation of the list of products, goods and services subject to the registration of model contracts and general transaction conditions, as defined in Clause 1, Article 28 of the 2023 Law on Protection of Consumer Rights, shall be carried out by the Minister of Industry and Trade.

2. The task and power of the Prime Minister concerning the promulgation of the list of products, goods and services subject to the registration of model contracts and general transaction conditions, as defined in Clause 1, Article 28 of the 2023 Law on Protection of Consumer Rights, shall be carried out by Chairpersons of the provincial-level People's Committees.

Article 46. Delegation of tasks and powers of the Ministry of Industry and Trade in the 2023 Law on Protection of Consumer Rights

1. The task and power of the Ministry of Industry and Trade concerning the receipt and resolution of requests for negotiation support of consumers, as defined in Clause 3 Article 56, Article 57, and Article 58 of the 2023 Law on Protection of Consumer Rights, shall be carried out by the provincial-level People's Committees.

2. The task and power of the Ministry of Industry and Trade concerning the organization of surveying and testing product, goods or service quality and publicizing survey and testing results; providing information to and warning consumers about products, goods or services in the fields under its management, as defined in Clause 3, Article 75 of the 2023 Law on Protection of Consumer Rights, shall be carried out by the provincial-level People's Committees.

3. The task and power of the Ministry of Industry and Trade concerning the assignment of tasks to social organizations with operational guidelines and objectives of participating in the protection of consumer rights, as defined in Clause 2, Article 53 of the 2023 Law on Protection of Consumer Rights and other relevant laws defined in Clause 5, Article 75 of the 2023 Law on Protection of Consumer Rights, shall be carried out by the provincial-level People's Committees.

4. The task and power of the Ministry of Industry and Trade concerning the management of consumer rights protection activities of social organizations participating in the protection of consumer rights and organizations engaged in mediation activities regarding the protection of consumer rights in accordance with law, as defined in Clause 6, Article 75 of the 2023 Law on Protection of Consumer Rights, shall be carried out by the provincial-level People's Committees.

 

Section 2
DECENTRALIZATION IN THE FIELD OF PROTECTION OF CONSUMER RIGHTS

 

Article 47. Decentralization of tasks and powers of the Ministry of Industry and Trade in Decree No. 55/2024/ND-CP dated May 16, 2024 of the Government detailing a number of articles of the Law on Protection of Consumer Rights

1. The task and power of the Ministry of Industry and Trade concerning the receipt of dossiers of registration for model contracts and general transaction conditions, as defined in Clause 1, Article 7 of Decree No. 55/2024/ND-CP, shall be carried out by the provincial-level People's Committees.

2. The task and power of the Ministry of Industry and Trade concerning the receipt of notifications from business organizations and individuals on the registration and application of model contracts or general transaction conditions, as defined in Clause 3, Article 7 of Decree No. 55/2024/ND-CP, shall be carried out by the provincial-level People's Committees.

Article 48. Decentralization of tasks and powers of the Ministry of Industry and Trade in Decree No. 40/2018/ND-CP dated March 12, 2018 of the Government management of multi-level marketing activities, as amended and supplemented by Decree No. 03/2023/ND-CP dated February 10, 2023 of the Government stipulating the functions, tasks, powers, and organizational structure of the Vietnam Competition Commission and Decree No. 18/2023/ND-CP dated April 28, 2023 of the Government amending and supplementing a number of articles of Decree No. 40/2018/ND-CP dated March 12, 2018 of the Government on management of multi-level marketing activities (hereinafter referred to as Decree No. 40/2018/ND-CP)

The task and power of the Ministry of Industry and Trade concerning the resolution of procedures for notifying the termination of multi-level marketing activities, as defined in Article 18 of Decree No. 40/2018/ND-CP, shall be carried out by the provincial-level People's Committees.

2. The task and power of the Ministry of Industry and Trade concerning the recognition of programs on provision of legal knowledge about multi-level marketing, as defined in Clause 2, Article 35 and Clauses 1, 2 and 3 Article 36 of Decree No. 40/2018/ND-CP, shall be carried out by the provincial-level People's Committees.

3. The task and power of the Ministry of Industry and Trade concerning the inspection and supervision of the activities of establishments providing training in legal knowledge about multi-level marketing, as defined in Clause 3, Article 37 of Decree No. 40/2018/ND-CP, shall be carried out by the provincial-level People's Committees.

4. The task and power of the Ministry of Industry and Trade concerning the examination for, giving and revocation of, certification of legal knowledge about multi-level marketing, as defined in Articles 38 and 39 of Decree No. 40/2018/ND-CP, shall be carried out by the provincial-level People's Committees. 5. The task and power of the Ministry of Industry and Trade concerning the examination for, giving and revocation of, certification of knowledge for local focal points, as defined in Articles 38 and 39 of Decree No. 40/2018/ND-CP, shall be carried out by the provincial-level People's Committees. 6. The order and procedures for implementation of this Article are provided for in Appendix XIV issued together with this Decree.

 

Chapter XVIII
DECENTRALIZATION IN THE FIELD OF E-COMMERCE

 

Article 49. Decentralization of tasks and powers of the Prime Minister under Decree No. 52/2013/ND-CP dated May 16, 2013 of the Government on e-commerce, as amended and supplemented by Decree No. 08/2018/ND-CP and Decree No. 85/2021/ND-CP dated September 25, 2021, of the Government amending and supplementing a number of articles of Decree No. 52/2013/ND-CP dated May 16, 2013, of the Government on e-commerce (hereinafter referred to as Decree No. 52/2013/ND-CP)

1. The task and power of the Prime Minister of defining the subjects, scope of application, management mechanisms, and financial support for the national e-commerce development program, as defined in Clause 3, Article 7 of Decree No. 52/2013/ND-CP, shall be carried out by the Minister of Industry and Trade.

2. The task and power of the Ministry of Industry and Trade concerning receipt of notifications for sales e-commerce websites, as defined in Clause 1, Article 53 of Decree No. 52/2013/ND-CP, shall be carried out by the provincial-level People's Committees.

3. The task and power of the Ministry of Industry and Trade concerning receipt of notifications for sales e-commerce applications, as defined in Clause 3, Article 25 of Decree No. 52/2013/ND-CP, shall be carried out by the provincial-level People's Committees.

4. The task and power of the Ministry of Industry and Trade concerning the receipt of registration procedures for credit rating of e-commerce websites, as defined in Article 60 of Decree No. 52/2013/ND-CP, shall be carried out by the provincial-level People's Committees.

5. The task and power of the Ministry of Industry and Trade of collecting opinions from the Ministry of Public Security on national security during the process of requesting the grant or adjustment of business licenses, as defined in Clause 5, Article 67c of Decree No. 52/2013/ND-CP, shall be carried out by the provincial-level People's Committees.

6. The order and procedures for implementation of Clauses 2, 3, 4 and 5 of this Article are provided for in Appendix XV issued together with this Decree.

 

Chapter XIX
DECENTRALIZATION AND DELEGATION OF POWERS IN THE FIELD OF ECONOMICAL AND EFFICIENT USE OF ENERGY

 

 Section 1
DELEGATION OF POWERS IN THE FIELD OF ECONOMICAL AND EFFICIENT USE OF ENERGY

 

Article 50. Delegation of tasks and powers of the Prime Minister in the 2010 Law on Economical and Efficient Use of Energy, as amended and supplemented in 2018 (hereinafter referred to as the Law on Economical and Efficient Use of Energy)

1. The task and power of the Prime Minister concerning the annual promulgation of a list of major energy users, as defined in Article 32 of the Law on Economical and Efficient Use of Energy, shall be carried out by the provincial-level People's Committees.

2. The task and power of the Prime Minister concerning the promulgation of a list of devices and equipment subject to energy labeling and implementation roadmap, as defined in Clause 4, Article 39 of the Law on Economical and Efficient Use of Energy, shall be carried out by the Ministry of Industry and Trade and the Ministry of Construction within their respective functions, tasks, and powers.

 

Section 2
DECENTRALIZATION IN THE FIELD OF ECONOMICAL AND EFFICIENT USE OF ENERGY

 

Article 51. Decentralization of tasks and powers of the Prime Minister in Decree No. 21/2011/ND-CP dated March 29, 2011 of the Government detailing the Law on Economical and Efficient Use of Energy and measures for its implementation

1. The task and power of the Prime Minister concerning the promulgation of a list of major energy users nationwide, as defined in Clause 3, Article 7 of Decree No. 21/2011/ND-CP, shall be carried out by the provincial-level People's Committees.

2. The task and power of the Prime Minister concerning the promulgation of a list of state budget-funded agencies and units rewarded for, or handled for violations of regulations on, economical and efficient use of energy, as defined in Clause 3, Article 11 of Decree No. 21/2011/ND-CP, shall be carried out by the provincial-level People's Committees.

3. The task and power of the Prime Minister concerning the promulgation of a list of devices and equipment subject to energy labeling and the implementation roadmap, as defined in Clause 2, Article 14, shall be carried out by the Ministry of Industry and Trade and the Ministry of Construction within their respective functions, tasks, and powers.

 

Chapter XX
DECENTRALIZATION IN THE FIELD OF INDUSTRIAL PROMOTION

 

Article 52.  Decentralization of tasks and powers of the Prime Minister in Decree No. 45/2012/ND-CP dated May 21, 2012, of the Government on industrial promotion

The task and power of the Prime Minister concerning the approval of the National industrial promotion program for each phase, as defined in Clause 1 Article 2, and Points b, c, g Clause 1 Article 15 of Decree No. 45/2012/ND-CP, shall be carried out by the Ministry of Industry and Trade.

 

Chapter XXI
DECENTRALIZATION IN THE FIELD OF MINERAL BUSINESS

 

Article 53. Decentralization of tasks and powers of the Prime Minister in Decree No. 17/2020/ND-CP

1. The authority of the Prime Minister to make decisions in cases where imported minerals are still in stock because they are not fully consumed in the country, or need to be transferred abroad for analysis, research and testing of processing technology and other special cases, as defined in Article 14 of Decree No. 17/2020/ND-CP, shall be carried out by the Ministry of Industry and Trade in coordination with the Ministry of Agriculture and Environment and the provincial-level People's Committees for on-site inspections, review, and make decisions.

2. The order and procedures for proposing re-export or export defined in Clause 1 of this Article are as follows:

a) A trader shall send a written request to the provincial-level People's Committee.  Based on the actual situation in the locality, the provincial-level People's Committee shall send its opinion to the Ministry of Industry and Trade for consideration and decision;

b) Based on the opinion of the provincial-level People's Committee, the Ministry of Industry and Trade shall assume the prime responsibility and gather opinions from the Ministry of Agriculture and Environment and relevant agencies. The Minister of Industry and Trade shall consider and decide on each specific cases.

 

Chapter XXII
DECENTRALIZATION IN THE FIELD OF SUPPORTING INDUSTRIES

 

Article 54. Decentralization of tasks and powers of the Ministry of Industry and Trade in Decree No. 111/2015/ND-CP dated November 3, 2015, of the Government on development of supporting industries

1. The authority of the Ministry of Industry and Trade concerning the grant of written incentive certifications for projects to manufacture supporting industry products of small- and medium-sized enterprises on the List of products of supporting industries prioritized for development, as defined at Point a, Clause 2, Article 11 of Decree No. 111/2015/ND-CP, will be carried out by the provincial-level People's Committees.

2. The order and procedures for implementation of this Article are provided for in Appendix XVI issued together with this Decree.

 

Chapter XXIII
DECENTRALIZATION IN THE FIELD OF AUTOMOBILES

 

Article 55. Decentralization of tasks and powers of the Prime Minister in Decree No. 116/2017/ND-CP dated October 17, 2017, of the Government prescribing the conditions for manufacture, assembly and import of automobiles and provision of automobile warranty and maintenance services

The task and power of the Prime Minister concerning the promulgation the method of determining localization rate of automobiles, as defined at Point dd, Clause 1, Article 29 of Decree No. 116/2017/ND-CP, will be carried out by the Ministry of Industry and Trade in coordination with relevant agencies.

 

Chapter XXIV

RESPONSIBILITIES OF MINISTRIES, LOCAL ADMINISTRATIONS

 

Article 56. Responsibilities of line ministries

1. Responsibilities of the Ministry of Finance

a) Assume the prime responsibility for, and coordinate with relevant ministries and agencies in, organizing and implementing the tasks and powers that have been decentralized under this Decree and the law regulations on organization of the government and organization of local administration;

b) Guide the provincial-level People's Committees in the implementation of administrative procedures as defined by this Decree and other relevant law regulations. Announce administrative procedures with changes due to the re-determination of authority in accordance with the law regulations on control of administrative procedures;

c) Ensure resource conditions for the implementation of this Decree;

d) Monitor and report periodically to the Government and the Ministry of Home Affairs on the implementation status of the Decree by December 15th every year.

2. Responsibilities of relevant line ministries

a) Based on their functions, tasks, and powers, coordinate with the Ministry of Industry and Trade in organizing and implementing the tasks and powers that have been decentralized in accordance with this Decree and other relevant law regulations;

b) Based on their functions, tasks, and powers, proactively monitor and report to the Government and the Ministry of Home Affairs on the implementation status of the Decree.

c) Ensure resource conditions for implementation.

Article 57. Responsibility of the Ministry of Finance

The Ministry of Finance shall be responsible for ensuring financial resources for implementation after the decentralized tasks and powers have been carried out.

Article 58. Responsibilities of the Ministry of Home Affairs

1. Take the focal point and assume prime responsibility for monitoring the implementation status under this Decree.

2. Monitor, urge, and guide ministries and ministerial-level agencies in implementing this Decree, ensuring compliance with the law regulations on organization of the government and organization of local administration.

3. Ensure human resources for implementation after the decentralized tasks and powers have been carried out.

Article 59. Responsibilities of provincial-level People’s Committees

1. Organize the implementation of the tasks and powers that have been decentralized and delegated according to this Decree and the law regulations on organization of the government and organization of local administration.

2. Ensure local resources available for implementation.

3. Announce administrative procedures at the local level based on the decision on announcement of administrative procedures by the Minister of Industry and Trade.

 

Chapter IV
IMPLEMENTATION PROVISIONS

 

Article 60. Effect

1. This Decree takes effect on July 01, 2025.

2. This Decree shall cease to be effective as of March 01, 2027, except for the following cases:

a) The Ministry of Finance reports to the Government for proposal to the National Assembly to decide to extend the application period of the whole or part of this Decree;

b) In case any 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 defining the competence, state management responsibilities, orders and procedures specified in this Decree are adopted or promulgated on or after July 01, 2025 and come into effect prior to March 01, 2027, the corresponding provisions in this Decree shall cease to be effective as of the effective date of such legal normative documents.

3. During the effective period of this Decree, if the provisions on competence, state management responsibilities, orders and procedures in this Decree differ from those in other relevant legal normative documents, this Decree shall prevail.

4. Ministers, heads of ministerial-level agencies, and Chairpersons of provincial-level People's Committees shall organize the decentralization and delegation of powers within the scope of authority defined by this Decree and the law regulations on organization of the government and organization of local administration.

5. If any issues arise during implementation, the Minister of Industry and Trade, other ministers and heads of ministerial-level agencies authorized by the Government shall guide the application of this Decree or provide professional guidance for implementation of relevant legal normative documents pertaining to sectors and fields within their respective state management, as defined by the law on the promulgation of legal documents.

Article 61. Transitional provision

1. For trade fairs or exhibitions organized overseas that have been confirmed by the Ministry of Industry and Trade before the effective date of this Decree, after the fair or exhibition concludes, traders must report the results of organization of the trade fairs or exhibitions to the Ministry of Industry and Trade, as defined in Clause 10, Article 29 of Decree No. 81/2018/ND-CP.

2. The regulations on the maximum value of promotional goods and services and maximum discount rate for promoted goods and services provided by traders in sales promotion activities, as defined in Clause 1, Article 1 of Decree No. 128/2024/ND-CP, will cease to be effective at the same time that the legal document issued by the Minister of Industry and Trade within its authority as specified in this Decree, takes effect.

3. For hydropower dam and reservoir protection plans, for particularly important hydropower projects and hydropower works each located in 2 or more than 2 provinces that have been received by the Ministry of Industry and Trade and are currently undergoing appraisal, the process for submission to the Ministry of Industry and Trade for approval will continue to be carried out as defined in Clauses 4 and 5, Article 35 of Decree No. 62/2025/ND-CP.

4. If a hydropower dam or reservoir protection plan previously approved by the Ministry of Industry and Trade undergoes changes or adjustments as defined in Clause 2, Article 77 of the 2024 Law on Electricity, or falls under the cases specified in Clause 8, Article 35 of Decree No. 62/2025/ND-CP, the hydropower work owner shall be responsible for reporting to the provincial-level People's Committee for implementation.

5. Decision No. 07/2024/QD-TTg dated June 20, 2024 of the Prime Minister, promulgating the List of products, goods and services subject to registration of contract form and general transaction conditions will cease to be effective at the same time that the legal document issued by the Minister of Industry and Trade under its authority defined in this Decree takes effect.

6. Transitional provisions regarding electricity operation licenses:

 a) If an organization has submitted a complete and valid dossier of request for grant, modification, re-grant or renewal of an electricity operation license to the licensing agency before the effective date of this Decree, the Decree No. 61/2025/ND-CP shall be applied to grant the electricity operation license;

b) Electricity units that were granted electricity operation licenses before the effective date of this Decree may continue to operate until the expiry date stated in their electricity operation licenses.

7. For dossiers of administrative procedure that have been received by competent agencies before the effective date of this Decree, the competent agencies that have received the dossiers shall continue to process them in accordance with legal documents in effect at the time of receipt.

8. The forms and templates issued together with the Decrees cited in this Decree shall be adjusted and used according to the corresponding authority of the agencies and organizations that have been decentralized in this Decree.

9. Documents and papers promulgated or granted by competent agencies or office holders before the effective date of this Decree that have not yet expired or not reached their validity limit shall continue to be applied and used in accordance with law regulations until they expire or are amended, supplemented, replaced, repealed, canceled, or revoked by the agencies or office holders assuming the functions, tasks, and powers, or by the competent agencies or individuals.

 

 

ON BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER

 

 

Nguyen Hoa Binh


* All Appendices are not translated herein.

 

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