Decree 96/2022/ND-CP the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade

DECREE

Defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies; and the Government’s Decree No. 101/2020/ND-CP of August 28, 2020, amending and supplementing a number of articles of the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

At the proposal of the Minister of Industry and Trade;

The Government promulgates the Decree defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade.

Article 1. Position and functions

The Ministry of Industry and Trade is a governmental agency performing the state management of industry and trade, covering the sectors and fields of electricity, coal, oil and gas, new energy, renewable energy, chemicals, industrial explosives, mechanical engineering, metallurgy, mineral mining and processing industry, consumer industry, food industry, supporting industry, environmental industry, and hi-tech industry (except information technology industry); industrial complexes, cottage industry, industrial extension; domestic trade; import and export, border trade; logistic services; overseas market development; market surveillance; trade promotion; e-commerce; commercial services; international economic integration; competition, protection of consumer interests, trade remedies; and public services in the sectors and fields falling under the Ministry’s state management.

Article 2. Tasks and powers

The Ministry of Industry and Trade shall perform the tasks and exercise the powers defined in the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and the Government’s Decree No. 101/2020/ND-CP of August 28, 2020, amending and supplementing a number of articles of the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and has the following specific tasks and powers:

1. To submit to the Government draft laws and draft resolutions of the National Assembly, draft ordinances and draft resolutions of the National Assembly Standing Committee; and draft decrees of the Government in accordance with annual lawmaking programs and plans of the Government and the Ministry, and resolutions, projects, schemes and review programs as assigned by the Government or the Prime Minister.

2. To submit to the Government or the Prime Minister for approval, and organize the implementation of, long-term, medium-term and annual development strategies, master plans and plans; to report to the Government or the Prime Minister the proposal of investment policy for national target programs, prefeasibility study reports for national important projects in the sectors and fields falling under the Ministry’s management in accordance with law.

3. To approve strategies, schemes, plans and programs, and investment projects on development of the sectors and fields under the Ministry’s state management as decentralized or authorized by the Government or the Prime Minister.

4. To promulgate circulars, decisions, directives and other documents on state management of the sectors and fields falling under the Ministry’s management; to direct, guide, inspect and organize the implementation of, legal documents falling under the Ministry’s management; to direct and organize dissemination and education of the law on industry and trade.

5. To formulate national standards and promulgate national technical regulations and techno-economic norms in the sectors and fields falling under the Ministry’s state management; to organize activities concerning measurement and intellectual property and manage, guide and perform quality inspection of products, goods and conditional business lines falling under the Ministry’s state management in accordance with law.

6. Regarding energy, including electricity, coal, oil and gas, new energy, renewable energy and other energies; demand-side management and energy efficiency and conservation:

a/ To perform the state management of investment in energy projects according to the Ministry’s competence; to summarize, analyze and review the situation and results of implementation of master plans and summarize reports on energy production and implementation of energy investment projects;

b/ To formulate, and submit to the Prime Minister for approval, national master plans and adjusted master plans on electricity development; to formulate, and submit to the Prime Minister for approval, plans and adjusted plans on implementation of national electricity development master plans; to organize the implementation of national electricity development master plans;

c/ To approve plans on early exploitation at oil fields, general plans on oil field development and oil field cleanup plans; to decide to recover oil fields in case contractors fail to develop oil fields or exploit oil and gas according to the approved schedule; to permit the burning of associated gas; to extend oil and gas exploration periods under oil and gas contracts; to perform other tasks in accordance with the petroleum law;

d/ To perform the state management of production, trading and distribution of oil and gas (including petrol and oil, natural gas, liquefied gas and other petroleum  products) in accordance with law;

dd/ To perform the state management of coal production and trading and coal supply for electricity production under the Ministry’s state management;

e/ To organize negotiations for concluding documents in the field of energy (BOT contracts, government guarantee, agreements) in accordance with law and the Government’s authorization;

g/ To perform the state management and organize the implementation of the national program on demand side management and energy efficiency and conservation in accordance with law.

7. Regarding electricity regulation:

a/ To formulate, and organize the implementation of, regulations on operation of a competitive electricity market;

b/ To direct the formulation of electricity supply plans; to inspect and supervise electricity supply and operation of electricity systems in order to ensure electricity supply-demand balance; to study, propose, and manage the implementation of, solutions for maintaining electricity supply-demand balance; to guide conditions for and the process of halting electricity supply, cutting off electricity or reducing electricity consumption; and conditions for and the process of connection to the national power grid;  

c/ To assume the prime responsibility for, and coordinate with the Ministry of Finance in, formulating the average electricity retail price bracket, the mechanism for adjusting electricity retail prices and changing the structure of the electricity retail price tariff for submission to the Prime Minister for decision; to organize the implementation of mechanisms and policies on electricity prices;

d/ To assume the prime responsibility for, and coordinate with the Ministry of Finance in, guiding the method of formulating the electricity generation price bracket and electricity wholesale price bracket and calculating  electricity transmission charge rates, electricity system support service charge rates, electricity system operation regulation charge rates and  rates of charges for administering electricity market transactions; to approve electricity system operation regulation charge rates and rates of charges for administering electricity market transactions after consulting the Ministry of Finance; to approve the electricity generation price bracket and electricity wholesale price bracket, electricity transmission charge rates, and electricity system support service charge rates; to examine fixed-term electricity trading contracts between electricity generators and electricity purchasers and fixed-term electricity wholesale contracts in accordance with the Government’s regulations;

dd/ To settle disputes in the electricity market;  

e/ To guide and examine the implementation of law and handle violations in the field of electricity in accordance with law.

8. Regarding chemicals and industrial explosives:

a/ To perform the state management of chemicals and precursors in the industrial sector, explosive precursors and industrial explosives; chemicals in products of the consumer industry in accordance with law; chemicals listed in the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction and other Conventions on Chemicals according with regulations, excluding chemicals and explosive precursors in the fields of military and national defense under the management by the Ministry of National Defense and those in the field of security under the management by the Ministry of Public Security;

b/ To manage and develop the chemical and industrial explosive industry; to formulate, and organize the implementation of, strategies, plans and projects on development of the chemical and industrial explosive industry; to guide, inspect and review the development of the chemical and industrial explosive industry in accordance with law;

c/ To manage the research into, development and testing of industrial explosives  by science and technology organizations or industrial explosive producers.

9. Regarding heavy industry and light industry:

a/ To manage and develop the mechanical engineering and metallurgy industry, mineral mining and processing industry (except minerals for building material and cement production), consumer industry, food industry, biological industry, supporting industry, electronic industry (excluding information technology industry and digital technology industry) and hi-tech industry (exclusive of information technology industry) in accordance with law;

b/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, formulating and submitting to competent authorities for promulgation mechanisms, policies and lists of products prioritized for development in the industries falling under the Ministry’s state management;

c/ To summarize and report on industrial production activities according to regulations.

10. Regarding industrial extension, industrial complexes and cottage industry:

a/ To formulate, and organize the implementation of, industrial extension programs and plans; to manage national industrial extension funds;

b/ To organize activities to develop cottage industry, and industrial and cottage industry craft villages;

c/ To organize activities to develop industrial complexes, and promote investment in industrial complexes; to formulate programs to support investment in industrial complex infrastructure in accordance with law;

d/ To perform the tasks of supporting the development of small- and medium-sized enterprises operating in the sector of industry and cottage industry.

11. Regarding industrial technical safety:

a/ To perform the state management of occupational safety and health falling under the Ministry’s management;

b/ To manage technical safety-related activities falling under the Ministry’s management;

c/ To perform safety management of hydropower dams and reservoirs under the Ministry’s management and tailing reservoirs in mineral mining and processing and industrial explosive production;

d/ To direct, guide and organize activities of response to incidents, emergency rescue, disaster prevention and control, and search and rescue falling under the Ministry’s responsibility.

dd/ To manage the transport of dangerous goods according to the Ministry’s competence.

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

a/ To perform the state management of environmental protection and climate change falling under the Ministry’s management and competence;

b/ To assume the prime responsibility for, and coordinate with ministries, sectors and localities in, developing the environmental industry;

c/ To implement climate change response activities under the Ministry’s state management.

13. Regarding domestic trade and market:

a/ To organize the implementation of mechanisms and policies on domestic trade and market development; development of trade and ensurance of the supply-demand balance of goods and essential commodities for mountainous, island, remote, deep-lying, border and ethnic minority-inhabited areas in accordance with law; and transaction modes and business forms in accordance with law;

b/ To assume the prime responsibility for, and coordinate with ministries and sectors in, regulating goods distribution and circulation;

c/ To assume the prime responsibility for, and coordinate with ministries, sectors and localities in, managing and developing commercial services in accordance
with law;

d/ To assume the prime responsibility for, and coordinate with the Ministry of Finance and related ministries and sectors in, administering the prices of some commodities in accordance with law;

dd/ To assume the prime responsibility for, and coordinate with ministries, sectors and localities in, formulating policies on development of trade infrastructure (including marketplaces, supermarkets, department stores, shopping centers, goods auction centers, logistic centers, warehouses, fair and exhibition centers and retail stores) in accordance with law;

e/ To perform the state management of good trading via goods exchanges.

14. Regarding food safety:

a/ To perform food safety management for liquor, beer, beverages, processed milk, vegetable oil, flour and starch products, and other food products during production, processing, storage, transport, export, import and trading according to the Government’s regulations;

b/ To perform food safety management for food packaging tools and materials and containers during food production, processing and trading in the sectors falling under the Ministry’s management;

c/ To perform food safety management for establishments which do not produce but trade in more than one type of food product subject to the management by 2 or more ministries (excluding farm produce wholesale markets and auction centers);

d/ To perform the state management of food safety for supermarkets, department stores, convenience stores and establishments in storage and distribution systems and other types in accordance with law.

15. Regarding goods import and export:

a/ To implement mechanisms and policies on goods import and export, border trade and development of overseas markets;

b/ To manage goods import, export, temporary import for re-export, temporary export for re-import, border-gate transfer and transit; border trade; entrustment activities, entrusted import, entrusted export; purchase and sale agency, processing; and goods origin;

c/ To summarize the situation of and plans on goods import and export and border trade in accordance with law.

16. Regarding logistic services:

a/ To assume the prime responsibility for, and coordinate with ministries, sectors and localities in, formulating, and organizing the implementation of, mechanisms and policies on logistic services;

b/ To coordinate with and support ministries, sectors, localities and associations in developing logistic services.

17.  Regarding trade remedies:

a/ To organize the implementation of the law on trade remedies, including anti-dumping, anti-subsidy and safeguard against goods imported from overseas into Vietnam; to fight the evasion of trade remedies; to carry out trade remedies investigations;

b/ To assume the prime responsibility for, and coordinate with ministries, sectors and localities in, supporting trade associations and enterprises subject to investigation and application of trade remedies (including anti-dumping, anti-subsidy, safeguard and the fight against the evasion of trade remedies) against Vietnam’s exports by foreign countries;

c/ To perform tasks related to the settlement of disputes over trade remedies lawsuits at the WTO and international organizations.

18. Regarding e-commerce and digital economy:

a/ To perform the state management of e-commerce. To assume the prime responsibility for, coordinate with others in, organizing the implementation of e-commerce development strategies, plans and programs, and policies and laws governing e-commerce activities;

b/ To organize the implementation of mechanisms to encourage, support and set orientations for development of new business models based on e-commerce and digital technology applications in the field of industry and trade;

c/ To guide and inspect contents of and conditions for e-commerce activities; to manage and supervise e-commerce activities and business models based on digital technology applications in accordance with law;  

d/ To establish and operate essential infrastructure facilities for e-commerce; to build the architectural framework and shared-use technical foundations for digital technology-based business models in the field of industry and trade;

dd/ To build and develop e-commerce infrastructure and apply digital technology in the industry and trade sector, support enterprises to join value chains, develop markets and promote exports;

e/ To perform the state management of digital transformation in the fields and sectors under the Ministry’s management and develop digital economy in the industry and trade sector.

19. Regarding market surveillance:

a/ To assume the prime responsibility for, and coordinate with ministries, sectors and localities in, building, organizing and administering the market surveillance force in accordance with law;

b/ To guide and inspect the implementation and handle violations of the law on goods trading and commercial services in the market and in other fields in accordance with law;

c/ To assume the prime responsibility for, and coordinate with ministries, sectors and localities in, combating smuggling, production and trading of counterfeit goods and banned goods, trade frauds and other violations in the fields under the Ministry’s management in accordance with law.

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

a/ To perform the state management in the field of competition; to conduct competition legal proceedings; to control economic concentration; to decide on exemption from the prohibition on cartels; to settle complaints about decisions on handling of  competition cases in accordance with law;

 b/ To perform the state management of protection of consumer interests in accordance with law.

c/ To perform the state management of multi-level marketing activities in accordance with law.

21. Regarding trade promotion:

a/ To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, related agencies and local administrations in, formulating and implementing the national trade promotion program and national branding program in accordance with law; to create and carry out trade promotion activities in accordance with law;

b/ To guide and inspect contents of, and conditions for activities related to commercial advertising, branding, trade fairs and exhibitions, sales promotion, and goods and services display and introduction at home and abroad in accordance with law;

c/ To manage and supervise state budget funds for annual trade promotion activities in accordance with law;

d/ To manage and direct operations of overseas Vietnamese trade promotion offices; to manage Vietnam-based representative offices of foreign trade promotion organizations in accordance with law;

dd/ To establish, operate and develop trade promotion infrastructure systems and digital infrastructure for trade promotion.

22. Regarding international economic integration:

a/ To organize the implementation of mechanisms and policies on international economic integration; to disseminate, guide and formulate programs and plans on, and organize the implementation of, Vietnam’s international economic integration commitments in accordance with law;

b/ To summarize, plan, and study and propose multilateral, bilateral and regional trade treaty negotiation, conclusion and accession within the Ministry’s competence in accordance with law, including treaty negotiations and negotiations for modification, expansion and upgrading of these treaties; to negotiate free trade agreements; to negotiate international economic cooperation agreements and market expansion agreements between Vietnam and other countries, blocs of countries and territories;

c/ To study and propose plans and organize, regulate and supervise the performance of Vietnam’s economic and international trade rights and obligations at the World Trade Organization (WTO), the Association of Southeast Asian Nations (ASEAN), the Asian-Pacific Economic Cooperation (APEC), the Asia-Europe Meeting (ASEM), free trade agreements and other trade agreements to which Vietnam has acceded and other international economic organizations and forums as assigned by the Prime Minister; 

d/ To organize, regulate and supervise operations of organizations joining international economic integration under the assignment of the Prime Minister.

23. Regarding development of overseas markets and regional and bilateral cooperation:

a/ To organize the study, negotiation, and conclusion of, accession to, and implementation of, bilateral and regional agreements and treaties on trade and industrial cooperation within the Ministry’s competence in accordance with law in order to expand markets between Vietnam and other countries, blocs of countries and territories;

b/ To organize bilateral, regional and sub-regional cooperation activities under the Ministry’s  management;

c/ To assume the prime responsibility for, or coordinate with other ministries and agencies in, proposing the establishment and supervising and organizing operations of Vietnam’s sub-committees at inter-governmental committees, joint committees, joint sub-committees, joint working groups, economic, trade and industry forums, and regional and bilateral cooperation mechanisms between Vietnam and other countries and territories in the field of trade and industry;

d/ To conduct market surveys, summarize, analyze and provide information on policies and laws on industry, trade, and domestic and overseas traders serving the direction and administration of overseas market development; to detect and remove barriers for imports and exports of Vietnamese enterprises; to implement activities to guide market access and connect enterprises with a view to developing overseas markets;

dd/ To guide overseas trade activities of Vietnamese traders;

e/ To coordinate with the Ministry of Foreign Affairs in directing professional operations of the Ministry’s officials who are dispatched to overseas Vietnamese representative missions in accordance with law.

g/ To act as a focal unit to assist the Government in settling disputes about the application of foreign trade management measures.

24. To perform the state management of commercial presence and business investment of foreign service providers and foreign investors in Vietnam in the field of industry and trade in accordance with law, specifically as follows:

a/ To perform the state management of goods purchase and sale activities and related activities of foreign service providers in accordance with law;

b/ To perform the state management of Vietnam-based representative missions and branches of foreign traders;

c/ To perform the state management of business investment of foreign service providers and foreign-invested economic institutions in the field of services falling under the management by the industry and trade sector.

25. To grant, modify, revoke and extend licenses, confirmations, certificates and documents in other forms falling under the Ministry’s state management in accordance with law.

26. To perform quality management of industrial works in the fields falling under the Ministry’s state management in accordance with law;

27. To manage national reserve goods as assigned by the Government.

28. To implement international cooperation in the field of industry and trade; to implement cooperation in the field of industry and trade with international organizations; to establish partnerships with transnational companies; to receive, manage and regulate ODA and technical assistance of foreign countries in the field of industry and trade in accordance with law.

29. Regarding science and technology and innovation:

a/ To formulate and promulgate, or submit to competent authorities for promulgation and organize the implementation of, mechanisms, policies, strategies and plans on development of science and technology, technology renewal and technology transfer in the fields and sectors falling under the Ministry’s state management;

 b/ To formulate, manage, guide and organize the implementation of programs, schemes and tasks on scientific research, development and application of high technologies, cutting-edge technologies and digital transformation, development of biotechnology application, and raising of productivity and quality in the fields and sectors under the Ministry’s management according to its competence;

c/ To manage, guide and organize the implementation of innovation activities; to apply, renew and transfer new technologies and high technologies; to evaluate and appraise technologies in the fields and sectors under the Ministry’s state management according to its competence;

d/ To organize the implementation of the regulations on the management of product and goods quality, standards, technical regulations, measurement, intellectual property and initiatives under the Ministry’s management.

30. Regarding public services:

a/ To perform the state management of public services in the sectors and fields under the Ministry’s state management in accordance with law;

b/ To formulate and promulgate standards, processes, technical regulations and techno-economic norms on the provision of public services in the industry and trade sector;

c/ To guide and support public service providers in accordance with law.

31. To assume the prime responsibility for settling investment disputes arising from contracts, agreements and commitments with foreign investors negotiated and signed by the Ministry or negotiated and signed by the Ministry on behalf of the Vietnamese State or Government.

32.  To perform the state management of statistics, analysis and forecast of industry and trade statistics; to collect and synthesize information on national statistical indicators according to the Law on Statistics; to implement national statistical survey programs falling under the Ministry’s responsibility in accordance with the Law on Statistics and the Prime Minister’s Decision; to formulate a statistical survey program for the industry and trade sector and organize the implementation of the program.

33. To exercise the rights and perform the responsibilities and obligations of the state owner toward state enterprises and state capital invested in other enterprises in accordance with law.

34. To perform tasks and and exercise powers concerning societies and non-governmental organizations under the Ministry’s state management in accordance with law.

35. To inspect, examine, settle complaints and denunciations, fight corruption, receive citizens and handle administrative violations according to the Ministry’s state management function; to perform specialized inspections in the industry and trade sector in accordance with law.

36. To decide on and direct the implementation of the Ministry’s administrative reform program according to the objectives and contents of the state administration reform program approved by the Government or Prime Minister.

37. To manage the Ministry’s organizational apparatus, payroll, cadres, civil servants and public employees; to implement commendation and reward work, and train and develop human resources in the industry and trade sector; to implement salary regimes and policies on preferential treatment and disciplining of cadres, civil servants and public employees under the Ministry’s management in accordance with law.

38. To manage finances and assets and organize the use of budget estimates allocated to the Ministry in accordance with the law on the state budget, the law on management and use of public assets and the law on public investment.

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

Article 3. Organizational structure

1. The Planning-Finance Department.

2. The Science and Technology Department.

3. The Asia-Africa Market Department.

4. The European-American Market Department.

5. The Multilateral Trade Policy Department.

6. The Domestic Markets Department.

7. The Oil, Gas and Coal Department.

8. The Energy Efficiency and Sustainable Development Department.

9. The Department of Personnel and Organization.

10. The Department of Legal Affairs.

11. The Inspectorate.

12. The Office.

13. The Vietnam Directorate of Market Surveillance.

14. The Vietnam Competition Commission.

15. The Electricity Regulatory Authority of Vietnam.

16. The Industry Agency.

17. The Electricity and Renewable Energy Authority.

18. The Trade Remedies Authority of Vietnam.

19. The Vietnam Trade Promotion Agency.

20. The Agency for Regional Industry and Trade.

21. The Agency of Foreign Trade.

22. The Industrial Safety Techniques and Environment Agency.

23. The Vietnam E-Commerce and Digital Economy Agency.

24. The Vietnam Chemicals Agency.

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

26. The Industry and Trade newspaper.

27. The Industry and Trade Review of Vietnam.

28. The Vietnam Institute for Trade and Industry Studying.

The organizations specified in Clauses 1 thru 24 of this Article are organizations assisting the Minister of Industry and Trade in performing the state management function; and the organizations specified in Clauses 25 thru 28 are non-business units serving the Ministry’s state management function.

The Multilateral Trade Policy Department, the Asia-Africa Market Department and the European-American Market Department each may be organized into 3 divisions.

The Minister of Industry and Trade shall submit to the Government a decree defining the functions, tasks, powers and organizational structure of the Vietnam Competition Commission.

The Minister of Industry and Trade shall submit to the Prime Minister a decision defining the functions, tasks, powers and organizational structure of the Vietnam Directorate of Market Surveillance; and issue a list of other public non-business units under the Ministry.

The Minister of Industry and Trade shall define the functions, tasks, powers and organizational structures of units under the Ministry, except the units specified in Clauses 13 and 14 of this Article.

Article 4. Effect

This Decree takes effect on December 1, 2022; and replaces the Government’s Decree No. 98/2017/ND-CP of August 18, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade.

Article 5. Transitional provisions

The Vietnam Competition and Consumer Authority shall continue performing its functions and tasks according to current regulations until the Government prescribes the functions, tasks, powers and organizational structure of the Vietnam Competition Commission.

Article 6. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
PHAM BINH MINH