Decree No. 55/2003/ND-CP dated May 28, 2003 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Industry

DECREE

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF INDUSTRY

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of December 25, 2001;

Pursuant to Resolution No. 02/2002/QH11 of August 5, 2002 of the first session of the XIth National Assembly of the Socialist Republic of Vietnam promulgating the list of the ministries and ministerial-level agencies of the Government;

Pursuant to the Government’s Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies;

At the proposals of the Minister of Industry and the Minister of the Interior,

DECREES:

Article 1.- Position and functions

The Ministry of Industry is a governmental agency which performs the function of State management over industries, including: mechanical engineering, metallurgy, electricity, new energy, re-generated energy, petroleum, mineral exploitation, chemicals (including pharmaceutical chemicals), industrial explosive materials, consumer goods production, food industry and other processing industries nationwide; performs the State management over public services and acts as the representative of the owner of State capital portions at State-invested enterprises in the industries under its management according to the provisions of law.

Article 2.- Tasks and powers

The Ministry of Industry shall perform the tasks and exercise the powers provided for in the Government’s Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies as well as the following specific tasks and powers:

1. To submit to the Government and the Prime Minister bills, draft ordinances and draft legal documents of the Government and the Prime Minister on industries under its management.

2. To submit to the Government and/or the Prime Minister strategies, general development planning, regional and territorial plannings, branch plannings, long-term, five-year and annual plans on industries under its management as well as its important programs and projects.

3. To promulgate decisions, directives and circulars within the scope of its State management.

4. To direct, guide and inspect the implementation of and implement already approved legal documents, strategies, plannings and plans under its management; to carry out the information on, propagation, dissemination and education of the legislation on industry;

5. To assume the prime responsibility for the evaluation of, evaluate or approve, investment projects of various industries under its management according to the provisions of law.

6. To manage, direct, inspect and bear responsibility for organizing the implementation of regulations on industrial technical safety, including: registration and safety testing of compression equipment, lifting equipment, electric safety, mining and petroleum exploitation safety (except for offshore petroleum exploration and exploitation equipment and means), safety of chemicals, industrial explosive materials and industrial environment according to the provisions of law.

7. To unify the management of the granting, readjustment, withdrawal and extension of electricity operation permits, permits for production of cigarettes, permits for trading in and use of industrial explosive materials and other permits according to the provisions of law.

8. Regarding the mechanical engineering and metallurgy:

a/ To assume the prime responsibility and coordinate with the concerned ministries and branches in submitting to the Government and the Prime Minister for promulgation, or promulgate according to its own competence mechanisms and policies to support the development of the mechanical engineering and metallurgical industries as well as the development of key mechanical and electro-mechanical products;

b/ To direct and inspect the organization of implementation of the strategies, plannings, plans and policies on development of the mechanical engineering and metallurgical industries, key mechanical and electro-mechanical products, products with hi-tech contents and combination of mechanical techniques, automation and industrial electronics;

c/ To guide, monitor and sum up the situation of development and outlets of mechanical and metallurgical products.

9. Regarding the electricity, new energy and re-generated energy:

a/ To propose to the Government and/or the Prime Minister for promulgation regulations on protection of safety corridor of the high-tension electricity grids and electricity works; to promulgate according to its competence the electric safety standards applicable to the management of operation of electric facilities and equipment, as well as procedures and processes for management, operation and regulation of electric systems;

b/ To submit to the Prime Minister for approval prices of electricity sold to different consumers; to guide and inspect the observance of techno-economic standards and norms, as well as projected unit prices for specialized electricity construction;

c/ To announce the list of electricity projects to be constructed under the electricity development planning in order to call for investment and manage the execution thereof;

d/ To approve the electricity development plannings of the provinces and centrally-run cities; to monitor and sum up the organization of implementation and readjustment thereof when necessary;

e/ To organize, direct and monitor the implementation of the national energy policy, the development of atomic-powered electricity generation, new energy types, regenerated energy.

10. Regarding petroleum:

a/ To formulate and propose to the Government and/or the Prime Minister for promulgation policies on promotion of the petroleum prospection, exploration and exploitation;

b/ To propose the Prime Minister to decide on selection of contractors and partners for signing of contracts for prospection, exploration, construction and other petroleum activities according to the provisions of law;

c/ To assume the prime responsibility for inspecting, examining and supervising petroleum activities;

d/ To sum up, monitor and report the development situation and result of the petroleum prospection, exploration, exploitation, domestic consumption and export;

e/ To decide on other matters under its competence for State management over petroleum activities as assigned by the Government.

11. Regarding the mineral exploitation:

a/ To assume the prime responsibility for and coordinate with the concerned ministries and branches in elaborating and submitting to the Prime Minister for approval planning and plans on mineral exploitation on the basis of estimated mineral reserves already approved by the competent authorities; to monitor, direct, inspect, sum up and report on mineral exploitation under the already approved planning and plans;

b/ To guide, inspect and supervise the application of measures to ensure safety and protect the environment in mining activities according to the provisions of law.

12. Regarding chemicals and industrial explosive materials:

a/ To assume the prime responsibility for and coordinate with the concerned ministries and branches in formulating and submitting to the Government and/or the Prime Minister for promulgation or promulgate according to its competence policies on supporting the development of chemical and industrial explosive materials industries;

b/ To monitor, direct, guide, inspect and sum up the development situation of the chemical industry;

c/ To publicize the list of industrial explosive materials permitted for use; to inspect and monitor the observance of regulations on production, importation, supply and use of industrial explosive materials.

13. Regarding the consumer goods, food and other processing industries:

a/ To assume the prime responsibility for and coordinate with the concerned ministries and branches in drawing up and submitting to the Prime Minister for approval planning and plans on development of consumer goods, food and other processing industries; to direct, guide and inspect the implementation thereof after they are approved;

b/ To manage textile - garment, leather - footwear, paper, porcelain, ceramic, glass, plastics, alcohol, beer, beverage, confectionery, milk, vegetable oil, tobacco, flour and starch processing industries;

c/ To monitor, sum up and report on the development situation and the observance of the standards on product quality, safety and hygiene as well as working environment in the consumer goods, food and other processing industries throughout the country according to the provisions of law.

14. Regarding the development of local industries:

a/ To submit to the Government and/or the Prime Minister for promulgation or promulgate according to its competence mechanisms and policies on development of local industries;

b/ To approve or adopt and synthesize long-term and five-year industrial development planning and plans of the provinces and centrally-run cities; to guide, monitor and inspect the organization of the implementation thereof according to the provisions of law;

c/ To monitor, sum up and periodically report on the development situation of local industries and the results of industrial promotion activities.

15. Regarding the industrial management in industrial parks and export processing zones:

To direct the development of industries in industrial parks and export processing zones under the already approved strategies, planning and plans for industrial development of regions and territories.

16. To undertake international cooperation in various industries under its management according to the provisions of law.

17. To organize and direct the implementation of the plans on scientific research and/or application of scientific and technological advances to the industries under its management.

18. To decide on specific undertakings and measures, and direct the implementation of operation mechanism of public service-providing organizations in the industries under its management according to the provisions of law; to manage and direct operations of the non-business organizations attached to it.

19. To perform specific tasks and exercise specific powers of the representative of the owner of the State capital at State-invested enterprises in the industries under its management, including Vietnam Oil and Gas Corporation and Vietnam Electronics and Informatics Corporation according to the provisions of law.

20. To perform the State management over activities of associations and non-governmental organizations in various industries under its management according to the provisions of law.

21. To inspect, examine and settle complaints and denunciations against corruption and negative phenomena, and handle law violations according to the provisions of law.

22. To decide on and direct the implementation of its administrative reform program according to the objectives and contents of the State administrative reform program already approved by the Prime Minister.

23. To manage its organizational apparatus and payrolls; to direct the implementation of the salary regime and the policies and regimes of preferential treatment, commendation and disciplining of officials, public servants and State employees under its management; to train, foster and build up the contingent of officials, public servants and State employees according to its competence; to prescribe office titles as well as technical and professional criteria and grades in the industries under its management according to the provisions of law.

24. To manage finance and assets assigned to it and organize the implementation of its allocated budget according to the provisions of law.

Article 3.- Organizational structure of the Ministry

a/ The organizations assisting the Minister in performing the State management function:

1. The Mechanical Engineering, Metallurgy and Chemicals Department;

2. The Energy and Petroleum Department;

3. The Consumer Goods and Food Industry Department;

4. The Planning Department;

5. The Finance and Accountancy Department;

6. The Science and Technology Department;

7. The International Cooperation Department;

8. The Legal Department;

9. The Organization and Personnel Department;

10. The Local Industry Department;

11. The Industrial Technique and Safety Department;

12. The Inspectorate;

13. The Office.

b/ The non-business organizations under the Ministry:

1. The Industrial Strategy and Policy Study Institute;

2. The Mechanical Engineering Research Institute;

3. The Mining and Metallurgical Research Institute;

4. The Electronic, Informatic and Automation Research Institute;

5. The Food Industry Institute;

6. The Vegetable Oil, Essence, Aromatic Substance and Cosmetic Research Institute;

7. The Informatics Center;

8. The Vietnam Industry Newspaper;

9. The Industry Review.

The Minister of Industry shall assume the prime responsibility for and coordinate with the Minister of the Interior in devising plans for reorganization of the existing research institutes, colleges, intermediate vocational schools, job-training schools and other non-business organizations, and submitting them to the Prime Minister for decision.

Article 4.- Implementation effect

This Decree takes effect 15 days after its publication in the Official Gazette and replaces the Government’s Decree No. 74/CP of November 1, 1995 on the functions, tasks, powers and organizational structure of the Ministry of Industry, the Prime Minister’s Decision No. 378/TTg of June 4, 1997 defining the functions, tasks, powers and organizational structure of the Department for Inspection and Supervision of Industrial Techniques and Safety, and the previous stipulations contrary to this Decree.

Article 5.- Implementation responsibility

The Minister of Industry, the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.