Decree No. 29/2004/ND-CP dated January 16, 2004 of the Government on determining functions, tasks, powers and organizing structure of the Ministry of Trade

DECREE

ON DETERMINING FUNCTIONS, TASKS, POWERS AND ORGANIZING STRUCTURE OF THE MINISTRY OF TRADE

THE GOVERNMENT

Pursuant to the Law on organization of the Government dated December 25th, 2001;

Pursuant to Decision No. 02/2002/QH11 dated August 5th, 2002 of the Parliament of Vietnam, 11th session, 1st meeting, on defining list of ministries and offices equivalent to ministries of the Government;

Pursuant to Governmental Decree 86/2002/ND-CP dated November 5th, 2002 on defining functions, tasks, powers and organizing structure of ministries and offices equivalent to ministries;

Based on request from the Ministry of Trade and the Ministry of Home Affairs

DECREE:

Article I: Position and functions

Ministry of Trade is official body of the Government in charge of state management over trade, public services, and is presented as representative of state ownership in state-owned enterprises under the Ministry's management in accordance with laws.

Article II: Tasks and powers:

Ministry of Trade performs tasks, powers as prescribed in Governmental Decree No. 86/2002/ND-CP dated November 5th, 2002 on defining functions, tasks, powers and organizing structure of ministries and bodies equivalent to ministries; and also tasks and powers described in detail as follows:

1. Submitting to the Prime Minister projects, ordinances and legal drafts of the Government, Prime Minister in fields of Ministry's state management.

2. Submitting to the Government, Prime Minister strategies, development schemes, long-term plans, 5-year and annual, significant programs and projects in fields of Ministry's state management.

3. Promulgating of Decisions, Instructions, Circulars in fields of Ministry's state management.

4.Instructing, guiding and taking control and responsibilities in implementation of approved legal documents trade strategy, scheme, plans; providing information, propaganda; spreading and legal education in fields of Ministry's state management.

5.Domestic goods traffic and import export activities:

a) Unified state management over import export activities, and domestic goods traffic and trade services;

b) Submitting to the Government and Prime Minister for further promulgation and promulgating by itself where authorized domestic trade structure and policy, export, import, border trade, domestic goods traffic and trade services, enterprises, trading items, assuring full availability of essential items for mountainous areas, ethnic minorities; organization guidelines on implementing structures and policies after their promulgation;

c) Presiding, coordinating with other governmental ministries and branches in guiding and regulating domestic goods traffic in each period, balancing supply and demand, trade balance, stable development of market of goods, especially essential items;

d) Management over various goods certificates for export, import and domestic use,  enterprises' business activities and trade services under legal regulations and international agreements which Socialist Republic of Vietnam has signed or participated in;

e) Analysis of current situation, export plans, import and business activities in trade services nationwide.

6. Unified state management over customer rights protection in accordance with legal regulations.

7. Unified state management on e-commerce;

8. Market management:

a) Unified nationwide guidelines on market management

b) Organizing and coordinating activities between branches, regions in anti-speculation and market destabilization, smuggling, production and trade of counterfeiting and legally prohibited goods, and other activities against laws.

9. Unified state management on competition, anti-monopoly, anti-dumping; presiding, coordinating with groups, commodity associations in settlement of anti-dumping issues.

10. Trade promotion:

a) Presiding, coordinating with other governmental ministries and concerning bodies in promulgation and submission to the Government, Prime Minister for further promulgation and promulgating by itself, where authorized, strategies, schemes, plans, programs, structures, policies of trade promotion; instructing, guiding and organizing implementation of these regulations after publication.

b) State management on trade advertising activities, fairs, trade exhibitions, sales promotions, presentations of goods inside country and overseas under legal regulations.

11. Economic-trade integration:

Presiding, coordinating with other governmental ministries and concerning bodies:

to build up and implement structure and policy in economic-trade integration:

to organize negotiations with other countries and economic-trade organizations;

to sign or joint international multilateral and bilateral agreements between Vietnam and other countries and economic-trade organizations as authorized and assigned by the Government.

to guide, instruct, supervise, organize implementation of international agreements under which Vietnam is bound.    

12. Presenting Vietnam's interests overseas; unified management on trade activities of trade representative offices, trade promotion organizations, centers or shops demonstrating Vietnamese goods overseas.

13. Collecting, analysis, processing and providing information on economic, trade, market, domestic and foreign enterprises for bodies under the Communist party, Government and economic organizations; compiling and publishing of publications providing trade and market information

14. Performing international co-operation in fields under Ministry's management in accordance with legal regulations.

15. Making respective decisions on structures, methods and guidelines to implement operating structure of organizations engaged in providing public services in fields under ministry's state management in accordance with legal regulations.

16. Organizing and guiding implementation of sciences research plans and application of science and technological progress in ministry's state management.

17. Exercising specific tasks and powers as to representation of state ownership in state-owned enterprises under the Ministry's management in accordance with current laws.

18. State management on activities of organization of economic collective, private businesses, associations and NGOs in fields under Ministry's management in accordance with current laws.

19. Exercising audits, checks, dispute and denounces settlements, fights against corruption and legal infringements in fields under Ministry's management in accordance with current laws.

20. Making respective decisions and guiding implementation of Ministerial administrative reform programs in accordance with aims and content of the State administrative reform which has been approved by the Prime Minister.

21. Management on organization of mechanism, personnel; guiding implementation of policy, regulations concerning salary, bonus, award, discipline applied to officials, state servants, state workers, under the Ministry's management; training and improving professional specializations and skills in fields under the Ministry's state management; building up titles of state servant, officials; prescribing in details on title, standards, technical and professional levels in fields under the Ministry's state management.

22. Management over assigned finance and property; organizing implementation of apportioned budget in accordance with laws.

Article 3: Organizing structure of Ministry

a) Organizations assisting Minister in performance of state management functions

1. Import Export Department;

2. Domestic Trade Policy Department;

3. Mountainous and Border Trade Department

4. Department for Asia-Pacific Market (shortened as Zone I Department);

5. Department for Europe (shortened as Zone II Department);

6. Department for America (shortened as Zone III Department);

7. Department for Africa, Western and South Asia (shortened as Zone IV Department);

8. Multilateral Trade Policy Department

9. Department for E-Commerce

10. Department for Collectives;

11. Department for Planning and Investment

12. Financial - Accounting Department

13. Department for Legislative ;

14. Department for Personnel Organization ;

15. Market Management Agency;

16. Competition Management Agency;

17. Trade Promotion Agency;

18. Audit Board;

19. Ministerial Office;

Moving Commodity Quality Control and Measurement currently under the Ministry of Trade to General Department for Standards Measurement Quality under the Ministry of Sciences and Technology

Multilateral Trade Department and Import Export Department may organize subordinated offices upon approval of the Minister, by reaching consent with the Minister of Home Affairs.

The Trade Offices of Vietnam overseas are established in accordance with Decision of the Prime Minister, based on proposal of the Minister of Trade.

b) Professional organizations under the Ministry:

1. Trade Research Institute;

2. Trade Information Center;

3. Informatics Center;

4. Trade Magazine;

5. Trade Newspaper;

6. Vietnam Economic News (VEN);

7. Trade Personnel College under Center

The Ministry of Trade instructs and co-ordinates with the Ministry of Home Affairs in draw up arrangement plans for training centers under the Ministry of Trade; and submits to the Prime Minister for respective decision making. 

Article 4: Implementing enforcement

This Decree comes to enforcement 15 days after its publication on the Official Gazette, and replaces Decree of the Prime Minister No. 95/CP dated December 4th, 1993 on defining functions, tasks, powers and organizing structure of the Ministry of Trade and those regulations in opposition to ones prescribed in this Decree.

Article 5: Responsibilities for implementation

The Minister of Trade, other Ministers, Heads of departments equivalent to ministries, Heads of governmental departments, Heads of People's Committees of provinces and cities under Center are responsible for full implementation of this Decree.