THE MINISTRY OF INDUSTRY AND TRADE
OF THE SOCIALIST REPUBLIC OF VIETNAM

(under Government’s Decree No. 95/2012/NDD-CP dated November 12th, 2012 stipulating functions, power and organization structure of Ministry of Industry and Trade)

Position and tasks

The Ministry of Industry and Trade is a governmental agency performing state management on industry and trade in following branches and domains: mechanical engineering, metallurgy, electricity, new energy, renewable energy, oil and gas, chemicals, industrial explosives, mining and mineral processing industries, consumer-goods industry, food-industry and other processing industries, domestic goods circulation and market; import and export, cross-border trade, external market expansion, market surveillance, trade promotion, E-commerce, trade services, international economic-trade integration, competition management, imposing safeguard, anti-dumping, anti-subsidy and other measures to protect consumer-interest; state management on public services in the fields under scope of state management assigned to the Ministry.

Tasks and power

Ministry of Industry and Trade perform its tasks and power stipulated in Government's Decree No. 36/2012/NĐ-CP dated April 18, 2012 on functions, tasks, power and organizational structures of ministries and ministerial-level agencies, and the following specific tasks and power:

1. To submit to the Government draft laws, ordinances, resolutions, decrees, mechanisms, policies, projects, and other legal documents on branches and domains under state management assigned to Ministry by the Government, Prime Minister.

2. To submit to the Government, Prime Minister for approval, and organize implementation of strategies, master plans; sector’s strategies and planning; regional, territorial planning and development programs, national target programs, technical-economic programs, important projects under scope of Ministry’s management.

3. To approve strategies, plans and programs on development of branches and domains under scope of Ministry's management, investment projects as decentralized or authorized by the Government, Prime Minister; to monitor and provide guidance for implementation of such approved strategies and programs.

4. To promulgate circulars, decisions, directives and other documents on state management within scope of Ministry’s management; to direct, guide, inspect and implement legal documents under Ministry's management; to communicate, propagate, disseminate and educate legislative regulations related to industry and trade.

5. To formulate national standards, promulgate national technical norms and indications, technical-economic norms to be applied in branch and domains within scope of Ministry’s management; to manage, guide and inspect conditional business lines in industry and trade sector in accordance to the list as set out by the Government, Prime Minister.

6. To grant, amend, revoke, extend licenses and conditional business certificates under scope of Ministry’s management in accordance to legal regulations.

7. In coordination with Ministry of Finance and other relevant Ministries and branches, to draw up plans on national petrol and oil reserve, industrial explosive materials and other reserves in accordance to Government’s regulations.

8. Regarding industrial technical safety and environment protection:

a) To manage, inspect, and execute technical safety and environmental protection works in accordance with Laws;

b) To propose a list of machines, equipment and supplies subject to specific strict labor safety requirements in the field of industry and trade for promulgating by Ministry of Labor, War Invalids and Social Affairs;

c) To promulgate, after obtaining evaluation opinion of Ministry of Labor, War Invalids and Social Affairs, procedures on quality control and validation to be applicable to machines and equipment which are subject to specific strict labor safety requirements in the field of industry and trade sector;

d) To guide, examine and inspect implementation of legal provisions on technical-industrial safety and environment protection within scope of Ministry’s management;
đ) To take the main responsibility, coordinate with Ministry of Natural Resources and Environment and relevant Ministries, branches in providing guidance for development of environmental industries in accordance to the Laws.

9. Regarding mechanical engineering, metallurgy:

a) To draw up, supervise implementation of development strategies, plans, schemes, policies for mechanical engineering and metallurgy industries, to develop pivotal mechanical and electro-mechanical devices, products of high-technology content, mechanical engineering, automation, and industrial electronics;

b) To take the main responsibility, to coordinate with relevant Ministries in formulating and submitting for issuing by competent authorities mechanisms, policies, list of mechanical, metallurgy, electro-mechanical products and automotive industries to be given priority for development.

10. Regarding supporting industries:

a) To draw up, supervise implementation of development strategies, plans, schemes, policies for supporting industries within scope of Ministry’s management;

b) To take the main responsibility, to coordinate with relevant Ministries in formulating and submitting for issuance by competent authorities mechanisms, policies, list of supporting industries to be given priority for development.

11. Regarding electricity, new energy, renewable energy, energy saving and efficient using:

a) To approve and manage the execution of provincial/municipal electricity development plans; to publicize lists of electricity works in development plans to call for investment;

b) To approve cascade hydropower, new energy and renewable energy plans;

c) To perform the tasks related to nuclear power, new energy, and renewable energy in accordance to the Laws;

d) To perform the tasks related to electricity regulation in accordance to the Laws;

đ) To execute management, in accordance to the Laws, over energy saving and efficient using in the fields assigned for Ministry’s management.

12. Regarding oil and gas:

a) To approve plans on early exploitation of oil and gas at oil fields;

b) To decide on revoking oil fields in case of contractors’ failing to develop within the approved time limit;

c) To decide permission granting on burning associated gas;

d) To sum up and report on development, exploration, exploitation, oil and gas consumption at home and export.

13. Regarding mining and minerals processing industry (except minerals used as construction materials and for cement production):

a) To formulate and submit to competent authorities for promulgation, or promulgate under Ministry’s competence, legal documents on mining and minerals processing industry;

b) To take the main responsibility, to coordinate with Ministry of Natural Resources and Environment, relevant Ministries, branches in drawing up and promulgating the lists, conditions, and standards to be applied to minerals export;

c) To take the main responsibility, to coordinate with Ministry for Natural Resources and Environment, relevant Ministries, branches in drawing up plans on minerals exploration, exploitation, processing and using; to implement strategies, plans on minerals exploitation, processing and use as they are approved by competent authorities;

d) To direct, guide, inspect and supervise obeisance of regulations, economic and technical norms, technologies, safety and sanitation, and environmental protection in mining and minerals processing.

14. Regarding chemicals and industrial explosives:

a) To promulgate under Ministry’s competence, to submit to the Government, Prime Minister for promulgating legal documents on chemical industries; technical procedures on chemical safety; to guide, monitor, report on development of chemical industry; to manage chemical industries in accordance to the Laws;

b) To publicize the list of industrial explosive materials banned or restricted from use; to inspect, in accordance to the Laws, the implementation of regulations on production, import, supply, and use of industrial explosives.

15. Regarding food-safety, consumer-goods industry, food-industry and other processing industries:

a) To promulgate or submit for promulgating by competent authorities legal documents on food safety, consumer-goods industry, food industry and other processing industries, in accordance to the Law;

b) To implement and inspect the implementation of strategies, plans, and policies on development of consumer-goods, food-industry, and other processing industries within scope of Ministry’s management;

c) To manage food-safety during production, preparation, preservation, transport, import, export, circulation of beverage, alcohols, milk, vegetable oils, flavors, wheat, starches, sweets, biscuits, confectionaries, packaging materials, and other food-products within scope of Ministry’s management;

d) To manage food-safety at markets, supermarkets, production facilities over processes of food-storage, preservation, and distribution;

đ) To promulgate regulations, monitor, inspect the actions on preventing and fighting against food-counterfeits, trade frauds in all kind of foods, additives, enzymes, catalyst substances used in food- processing, tools and instruments, packaging materials, containers;

e) To set out basic conditions for testing; to assign authorities to undertake quality control and verification, to publicize results of tests within scope of Ministry’s management;

g) To grant, revoke conditional business certificates to manufacturing facilities;

h) To approve content of food advertisements in the list which is subject to state management assigned to the Ministry;

i) To assign state agencies to monitor and control safety of imported foods listed for Ministry’s management;

k) To guide, inspect the implementation of legal regulations on food-safety, standards, technical criteria on products of consumer-goods industry, food- industry, and other processed industries which are subject to state management assigned to the Ministry.

16. Regarding local industrial and trade development:

a) To formulate and submit to a competent authorities for promulgation, or to promulgate under its competence, mechanisms, policies, strategies, plans and plans on local industrial and trade development nationwide; to guide implementation of these documents as approved;

b) To guide, inspect and supervise the implementation of management mechanisms, industrial compound development plans, branch and regional development plans in the field of industry and trade nationwide;

c) To disseminate experience on production, management, science and technology, investment, training, information supply, exhibition, fair, and product advertisement to local industrial and trade establishments;

d) To formulate and implement plans on industry promotion; manage national funding for industry promotion in accordance to the Laws.

17. Regarding domestic goods circulation and market:

a) To formulate, submit to competent authority for promulgation, to promulgate under Ministry’s competence, to implement mechanisms, policies on domestic trade and market development; to ensure supply – demand balance on goods, essential commodities for mountainous areas, islands, ethnic minorities in accordance to the Laws; transaction methods, business types and models in accordance to the Laws;

b) To assume prime responsibility for, coordinate with Ministries and branches in directing and regulating goods circulation in specific period, to promote domestic trade and market (including other related goods and service market);

To undertake surveillance on trade transactions, goods circulation, trade service at nationwide market.

18. Regarding import, cross-border trade and external market development:

a) To formulate, to submit to competent authority for promulgation, to promulgate, under Ministry’s competence, mechanisms, policies on goods export, cross-border trade, and external market development;

b) To manage export, import, temporary import, re-export, temporary export, re-export, border-gate transfer, cross-border trade, transaction assignation, export-import assignation, purchasing agent, fabrication, origin of goods;

c) To promulgate regulations on trade service, distribution operation undertaken by foreign businesses in Vietnam, Vietnamese businesses in foreign markets; manage, in accordance to the Laws, operation of offices and branches of foreign entrepreneurs in Vietnam;

d) To update overlook on situation and plans on goods import-export and cross-border trade in accordance to the Laws.

19. Regarding E-commerce:

a) To assume main responsibility for, and to coordinate with relevant Ministries and branches in submitting to competent authority for promulgation or to promulgate, under Ministry’s

competence, plans and programs on E-commerce development; to monitor, to guide the implementation of these documents as they are approved;

b) To formulate, to submit for promulgation by competent authorities or to promulgate, under Ministry’s competence, incentive and supporting mechanisms, orientation for E-commerce development.

20. Regarding market surveillance:

a) To guide, inspect, monitor the implementation of legal regulations on business, goods circulation, trade transactions in the market, commodities import-export, trade service; to handle legal violation actions in accordance to the Laws;

b) To undertake surveillance on industrial goods circulated in the market; to coordinate with relevant agencies in inspecting and controlling foods safety management in the fields as assigned to the Ministry in accordance to the Laws;

c) To take the main responsibility, to coordinate with branches, localities in fighting against speculation, smuggle, counterfeits and prohibited goods production and trafficking, trade frauds, and other illegal transactions and acts.

20. Regarding competition management, safeguard, and consumer interests protection:

a) To assume the prime responsibility for, and to coordinate with relevant agencies in implementing regulations on competition, anti-dumping, anti-subsidy; to propose safeguard measures on Vietnamese exports to oversea, foreign goods imported into Vietnam, and ensure customer interest in accordance to the Laws;

b) To investigate and handle or settle complaints about competition cases; to manage anti-dumping, anti-subsidy, and application of safeguard measures against imports into Vietnam; forward the violation case, in accordance to the Laws, to competent authority for handling in accordance to Competition Law;

c/ To organize the implementation of mechanisms, policies and regulations on consumer interests protecting in accordance with Laws.

22. Regarding trade promotion:

a) To assume prime responsibility for, to coordinate with relevant Ministries and branches in formulating annual national trade promotion plans and programs, to organize the implementation on guidance and inspection of these plans and programs in accordance to the legal regulations;

b) To guide and examine contents and conditions of commercial advertisement, trade-mark, fair, exhibition, sales promotion, introduction of goods and services at home and abroad, in accordance with the Laws;

c) To manage annual funds from state budget for trade promotion activities;

d) To take main responsibility for, to coordinate with relevant Ministries in implementing National brand-name in accordance to the Laws.

23. Regarding international trade-economic integration:

a) To formulate, to implement mechanisms and policies on international trade-economic integration; to propagate, disseminate, guide, and inspect the implementation of Vietnam's international economic integration commitments;

b) Under Ministry’s competence, to sum up and formulate variants, to conduct studies for recommendation on negotiation or accession to multilateral, regional, or bilateral treaties on trade; to negotiate free trade agreements; to negotiate trade-economic cooperation agreements and market expansion agreements between Vietnam and other countries, associations of nations, or territories;

c) To be represent for Vietnam's trade-economic interests; to propose plans on, and organize the performance of Vietnam's rights and obligations at World Trade Organization (WTO); Association of Southeast Asian Nations (ASEAN); Asian-Pacific Economic Cooperation (APEC) Forum; Asian-European Meeting (ASEM) and other international economic organizations and forums as assigned by Prime Minister.

24. To guide trade activities committed by foreign-based Vietnamese entrepreneurs, trade promotion agencies, products show-rooms with participation by Vietnamese entrepreneurs and state management agencies in accordance to the Laws; to coordinate with Ministry of Foreign Affairs in managing professional activities of trade - economic sections at Vietnam’s Representative Missions abroad.

25. To collect, combine, analyze, and supply information on industry, trade, market and entrepreneurs at home and abroad to Party, State management agencies and economic organizations.

26. To enter into international cooperation in industry and trade as allowed by legislations; to act as contact point in collecting data and drafting report on ODA disbursement and foreign direct investment (FDI) into industrial and trade branches, and investment of Vietnam to abroad.

27. To draw up and direct the implementation of strategies, plans, roadmap on scientific research and technology development in the fields of industry and trade; to organize implementation of scientific research activities, application of scientific and technological advances into the fields of industry and trade under Ministry’s management.

28. Regarding public services:

a) To undertake state management on public services in the fields under Ministry’s competence in accordance to the Laws;

b) To formulate and promulgate standards, procedures, regulations, economic-technical norms applicable to activities of public service providers in the fields of industry and trade;

c) To guide, to support public service providers in accordance with Laws.

29. To assume the rights, responsibilities, obligations of state owner over state-owned enterprises and state capital in other enterprises in accordance to the Laws.

30. To undertake obligations, power over associations, non-governmental organizations under state management as assigned to the Ministry in accordance to the Laws.

31. To examine, inspect, settle complaints and denunciations, to fight against corruption and negative practices, and handle illegal acts in scope of state management as assigned to the Ministry.

32. To decide on, and to instruct the implementation of administrative reform program in line with objectives and contents of the state administrative reform program as approved by the Government, Prime Minister.

33. To oversee organization structure, employment, cadres, civil servants, public employees; to implement salary and remuneration regimes, policies on awarding and condemnation within the scope of Ministry’s management and in accordance to the Laws.

34. To manage public financial resources, assets assigned for Ministry’s management and organize the use of allocated budget in accordance to the Laws.

35. To perform other tasks assigned by the Government and in accordance to the Laws.