Joint Circular No. 08/2005/TTLT-BTM-BNV dated April 08, 2005 of the Ministry of Home Affairs and the Ministry of Trade detailing functions, tasks, powers, and organization of professional agencies assisting People's Committee in trade management

INTERMINISTERIAL CIRCULAR

DETAILING FUNCTIONS, TASKS, POWERS, AND ORGANIZATION OF PROFESSIONAL AGENCIES ASSISTING PEOPLES COMMITTEE IN TRADE MANAGEMENT

Pursuant to Decree 29/2004/ND-CP dated January 16, 2004 by the Government detailing functions, tasks, powers, and organization of the Ministry of Trade;

Pursuant to Decree 45/2003/ND-CP dated May 9, 2003 by the Government detailing functions, tasks, powers, and organization of the Ministry of Internal Affairs;

Pursuant to Decree 171/2004/ND-CP dated September 29, 2004 detailing organization of professional agencies under Peoples Committee of district, town, and city under provincial management,

The Inter-Ministry of Trade and Internal Affairs hereby provides guidelines on functions, tasks, powers, and organization of professional agencies assisting Peoples Committee in state management over local trade activities as the following:

I. PROFESSIONAL AGENCIES ASSISTING PEOPLES COMMITTEE OF PROVINCE AND CITY UNDER DIRECT CENTRAL MANAGEMENT IN STATE MANAGEMENT OVER TRADE

1. Position and functions

1.1. Department of Trade or Department of Trade and Tourism (collectively Department) are professional agencies under Peoples Committee of province and city under direct central management (collectively provincial Peoples Committee) in charge of consulting and assisting provincial Peoples Committee in state management over local trade activities including: goods circulation in the home market, export, import, consumer right protection, e-commerce, market management, competition management, anti-monopoly, anti-dumping, trade promotion, international economic integration; state management over public services in the local trade sector; performing other tasks under authorization of provincial Peoples Committee and in accordance with the law.

Department of Trade and Tourism are responsible for implementation of this Circular as well as

1.2. Department of Trade is under provincial Peoples Committees direction and management with regards to organization, staff, and operation; as well as the direction and supervision on professionalism in the trade arena.

1.3. Department of Trade and Tourism are under provincial Peoples Committees direction and management with regards to organization, staff, and operation; as well as the direction and supervision on professionalism on trade arena and the Vietnam National Administration of Tourism on professionalism on tourism arena.

2. Tasks and powers in trade arena

2.1. Submitting to provincial Peoples Committee decisions and directives on state management over trade within the

2.2. Submitting to provincial Peoples Committee long-term plan, five-year, and annual plans, significant programs and projects within its managerial scope and suitable with local general socio-economic development plan as well as the Ministry of Trades sectoral development plan.

2.3. Submitting to provincial Peoples Committee decisions on assignment, devolution, or authorization in trade arena to Peoples Committee of district, town, and city under provincial management and professional agencies under provincial Peoples Committee in compliance with the law of current practice.

2.4. Organizing, directing, and supervising implementation of approved legal documents, development plans, programs, and projects in trade arena; propagandizing and educating law within its managerial scope;

2.5. Managing circulation of commodities in the domestic market:

2.5.1. Being responsible for directing and organizing implementation of plans and policies on development of the trade infrastructure system including market, trade center, supermarket, oil shop, co-op, trading agent, and others.

2.5.2. Presiding over and coordinating with other professional agencies at the same level to instruct and organize implementation of regimes and policies on encouraging enterprises of every economic sector to expand business network, develop economic ties during circulation process, between manufacture and circulation, and establish stable local goods circulation channels linking production and consumption.

2.5.3. Instructing, deploying, and supervising implementation of regimes and policies on circulation of trade goods and services including trade policies for mountainous areas and areas with ethnic minorities; taking stock of and proposing solutions to goods circulation in certain periods;

2.5.4. Collecting and processing local market information on volume of goods traded, supply, demand, goods reserves, and changes in prices of necessary products as well policy commodities for people in mountainous areas;

2.5.5. Organizing and managing issuance of certificates for goods traded in the domestic market, trade services, and trading activities of local businesses in compliance with the law of current practice;

2.6. Export import management:

2.6.1. Instructing and supervising implementation of regimes and policies on export import of goods, making plans and measures to realize plans for development of commodity export and trade in border areas (for provinces sharing border lines with China, Laos, and Cambodia);

2.6.2. Approving export import plans of foreign-invested enterprises and allocating quota to local enterprises under authorization by the Ministry of Trade;

2.6.3. Following up, collecting, and reporting to provincial Peoples Committee and the Ministry of trade on implementation of and proposing modifications to export import policies, measures to develop export of commodity in line with localitys factual requirements;

2.7. E-commerce management

2.7.1. Submitting to provincial Peoples Committee programs and plans for improvement of human resource serving local management and development of e-commerce and being responsible for organizing implementation of such programs after approved.

2.7.2. Considering or taking part in consideration of local programs and projects on application of e-commerce in compliance with the law of current practice;

2.7.3. Under assignment by provincial Peoples Committee, coordinating with relevant agencies to establish infrastructures for application of e-commerce in line with the general program for development of e-commerce by the Ministry of Trade;

2.8. Market management:

2.8.1. Assisting provincial Peoples Committee unify direction on local market management tasks in accordance with directive from the Government, the Ministry of Trade, and other competent state agencies;

2.8.2. Being responsible for instructing and organizing implementation of market management tasks, fight against illegal trading activities, trading of illegally imported and prohibited goods, production and trading of counterfeit and low quality goods, and violations of intellectual property; fight against speculation, monopoly, trade frauds, and other violations of the law in the trade sector by individuals and organizations with business in the locality.

2.8.3. Presiding over and coordinating with other local competent agencies to managing market, fighting against illegal trading activities, and preventing counterfeit goods and trade frauds;

2.8.4. Taking stock of and reporting on market situation, market supervision, and sanction on violations of the trade sector in accordance with regulations and as required by higher levels;

2.9. Implementing the laws regulations on competition, anti-monopoly, anti-dumping, and protection of

2.9.1. Instructing and organizing implementation of the laws regulations on competition, anti-monopoly, anti-dumping, and protection of consumers rights in order to ensure a healthy competition environment and for the interests of local consumers;

2.9.2. Discovering and proposing relevant agencies to make modifications and supplements to regulations and legal documents which do not match the law on competition;

2.9.3. Requiring relevant organizations and individuals to provide information and document necessary for assigned tasks;

2.9.4. Collecting and building database, managing and providing information about businesses dominating the market and monopoly companies located in the province, regulations on competition within trade association, and cases of exemption to requesting organizations and individuals.

2.10. Managing trade promotion activities:

2.10.1. Submitting to provincial Peoples Committee plans, programs, and measures on trade promotion in order to boost exports and support local businesses to build and develop trademarks for Vietnamese goods; instructing and organizing implementation of such programs after they are approved.

2.10.2. In charge of registration for organization of local trade fairs, exhibitions, and promotional programs; considering and approving plans for organization of local trade fairs and exhibitions in accordance with regulations of current practice;

2.10.3. Collecting, processing, and providing information about trade to local management agencies and enterprises;

2.11. About international economic and trade integration:

2.11.1. Submitting to provincial Peoples Committee programs, plans, specific measures on international and trade economic integration; organizing implementation of those approved;

2.11.2. Propagandizing, educating, and instructing implementation of local plans, programs, and regulations on international economic and trade integration;

2.12. In charge of register for establishment of representative offices and branches of foreign companies in the locality in accordance with the law of current practice;

2.13. Assisting provincial Peoples Committee in state management over businesses, private and collective economic organization, and non-government organizations operating in the fields under its managerial scope in compliance with the law; having the right to request local businesses provide information about their operation and trading activities necessary for its state management tasks.

2.14. Presiding over and coordinating Departments of Internal Affairs and Finance to instruct and supervise implementation of the self-determination and self-responsibility regime at administrative agencies in compliance with the law.

2.15. Being responsible for international cooperation within its managerial scope in accordance with the law, assignment or authorization of provincial Peoples Committee;

2.16. Providing instruction and supervision on professionalism to professional agencies under municipal Peoples Committee which are responsible for state management in the trade field;

2.17. Organizing research and application of science, technology, environment protection; building up the archive system of information and data about the fields under its managerial scope;

2.18. Realizing the trade information regime; regularly or randomly reporting on implementation of its assigned tasks in accordance with regulations by provincial Peoples Committee, the Ministry of Trade, and relevant agencies;

2.19. Supervising implementation of the law and imposing sanction on violations of the law in the fields under its scope of management, dealing with denouncement, anti-corruption, and fight against wrongdoings in compliance with the law;

2.20. Managing staff, implementing salary scheme and policies on treatment, awarding, merit, and discipline for cadres in accordance with devolvement of provincial Peoples Committee and the law; performing tasks related training, professionalism improvement, and human resource development for local trade sector;

2.21. Managing allocated properties and implementing assigned budget tasks in accordance with regulations of the law and devolvement by provincial Peoples Committee.

2.22. Performing other tasks assigned by provincial Peoples Committee;

In addition to tasks and powers stated in this circular, provincial Department of Trade and Tourism has to implement tasks and powers in the tourism arena as specified in the circular detailing functions, tasks, powers, and organization of professional agencies in charge of assisting Peoples Committee in state management over local tourism.

3. Organization and personnel

3.1. Leaders

Department of Trade or Department of Trade and Tourism has Director and not more than 3 Deputy Directors.

Director is responsible and reports to provincial Peoples Committee and the Ministry of Trade and report to provincial Peoples Council if required.

Director is responsible to provincial Peoples Committee and the law for operation of the Department he is in charge of and performance of assigned tasks.

Deputy Directors are responsible to Director and the law for performance of assigned tasks.

Chairman of provincial Peoples Committee appoints Directors and Deputy Directors basing on professionalism standards specified by Minister of Trade as well as regulations by the Party and the State on personnel.

Removal, merit, awarding, and discipline for Directors and Vice Directors are implemented in accordance with the law.

3.2. Organization:

3.2.1. Divisions consulting and assisting

- Office;

- Inspectorate;

- Professional divisions

3.2.2. Market Management Division

3.2.3. Administrative divisions

Professional divisions must cover all fields with thin Departments scope of management; functions and tasks of these divisions must be clearly and different from those of other divisions under the same Department, match local specialty and volume of work, ensure simplicity in administrative procedures and dealing with proposals from organizations and individuals.

Department of provinces can have no more than 4 professional divisions, department of cities under direct central management can have no more than 5 professional divisions.

Number and names of professional divisions are proposed by Director of Department of Trade or Department of Trade and Tourism in cooperation with Director of Department of Internal Affairs and decided by Chairman of provincial Peoples Committee.

Director of Department of Trade or Department of Trade and Tourism cooperates with Director of Department of Internal Affairs to submit to Chairman of provincial Peoples Committee decisions on establishment of administrative divisions under the Department, detailing functions, tasks, and powers of Market Management Division and Inspectorate in accordance with the law; and approves working regulations of the Department.

Director of Department of Trade or Department of Trade and Tourism details tasks and powers of Office, professional divisions, and administrative divisions under the Department as well as responsibilities of heads of these divisions in accordance with the law.

3.3. Personnel:

Personnel of Office, Inspectorate, professional divisions, and Market Management Division are state management staff. Personnel of Department of Trade or Department of Trade and Tourism are decided by provincial Peoples Committee in compliance with Decree 71/2003/ND-CP dated June 19, 2003 by the Government on devolvement of management over sate administrative staff and Decree 112/2004/ND-CP dated April 8, 2004 by the Government on management over staff at state administrative agencies.

Director is responsible for organizing cadres of the Department in compliance with regulations of the law on state personnel.

II. PROFESSIONAL AGENCIES IN CHARGE OF ASSISTING PEOPLES COMMITTEE OF DISTRICT, TOWN, AND CITY UNDER PROVINCIAL MANAGEMENT IN STATE MANAGEMENT OVER TRADE AND TOURISM

1. Functions

Professional agencies in charge of assisting Peoples Committee of districts, towns, and cities under provincial management in state management over local trade and tourism are organized in compliance with Decree 172/2004/ND-CP dated September 29, 2004 by the Government detailing organization of professional agencies under Peoples Committee of districts, towns, and cities under provincial management.

Organization, personnel, and operation of these professional agencies are directed and managed by municipal Peoples Committee. Their professionalism is directed and supervised by Department of Trade or Department of Trade and Tourism.

2. Tasks and powers

Under guidelines from provincial Peoples Committee, Municipal Peoples Committee is responsible for detailing functions, tasks, and powers of professional agencies in charge of assisting it in state management over trade and tourism.

3. Personnel:

Basing on development of local trade and tourism, Chairman of municipal Peoples Committee decides personnel for state management over local trade and tourism within the scope of personnel assigned by provincial Peoples Committee.

III. TASKS OF STATE MANAGEMENT OVER TRADE AND TOURISM OF PEOPLES COMMITTEE OF COMMUNE, WARD, AND TOWN

Tasks of state management over trade and tourism performed by Peoples Committee of commune, ward, and town (collectively commune Peoples Committee) are decided by provincial Peoples Committee basing on proposal by Director of Department of Trade or Department of Trade and Tourism and Director of Department of Internal Affairs.

Predicating on local factual situation and requirements for state management over trade and tourism, provincial Peoples Committee decides unspecialized personnel for commune trade and tourism management in compliance with Decree 121/2003/ND-CP dated October 21, 2003 by the Government on treatment and policy on carders at the commune, district, and commune level.

IV. IMPLEMENTATION

1. This Circular comes into effect in 15 days after it is publicized on the Gazette and replaces Interministerial Circular 36/2000/TTLT-BTM-BTCCBCP dated January 27, 2000 by the Ministry of Trade and the Government Personnel Organization Committee (currently the Ministry of Internal Affairs) detailing functions, tasks, powers, and organization of professional agencies assisting Peoples Committee in state management over local trade.

2. Chairman of Peoples Committee of provinces and cities under direct central management is responsible for organizing implementation of this circular and informing the Ministries of Trade and Internal Affairs of any uncertainties arising during implementation for their quick settlement.