Laws of Vietnam

THE GOVERNMENT

DECREES:

Article 1.- Position and functions

The Ministry of Trade is a governmental agency which performs the function of State management over trade; performs the State management over public services and acts as representative of the owner of State capital portions at the State-invested enterprises under its management according to law provisions.

Article 2.- Tasks and powers

The Ministry of Trade shall perform the tasks and exercise the powers prescribed 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/or the Prime Minister bills, draft ordinances and draft legal documents of the Government and the Prime Minister on the domains falling within the Ministry’s State management scope.

2. To submit to the Government and/or the Prime Minister the development strategies and plannings, long-term, five-year and annual plans, as well as important programs and projects on the domains falling within the Ministry’s State management scope.

3. To promulgate decisions, directives and circulars on the domains falling within the scope of the Ministry’s State management.

4. To direct, guide, examine, and take responsibility for implementation of, approved legal documents, strategies, plannings and plans on trade; to inform, propagate, disseminate and educate in the legislation on the domains under the Ministry’s State management.

5. Regarding domestic goods circulation as well as import and export:

a/ To perform the uniform State management over activities of import, export and domestic circulation of goods and commercial services;

b/ To submit to the Government and/or the Prime Minister for promulgation, or promulgate according to its competence, mechanisms and policies on development of domestic trade, export, import, border trade, domestic circulation of goods and commercial services, traders, business goods items, ensuring essential goods items for mountainous areas and ethnic minority people; to organize and guide the implementation of such mechanisms and policies after they are promulgated;

c/ To assume the prime responsibility for, and coordinate with the ministries and branches in, directing and regulating the goods circulation in each period, ensuring the supply-demand balance, the trade balance, the stable development of goods market, especially essential goods items;

d/ To manage the granting of assorted certificates of export goods, import goods and domestically circulated goods, the business activities and commercial services of traders according to the provisions of law and international treaties which the Socialist Republic of Vietnam has signed or acceded to;

e/ To sum up the situation and plans on import, export and provision of commercial services nationwide.

6. To perform the uniform State management over the protection of consumers’ interests according to law provisions.

7. To perform the uniform State management over e-commerce.

8. Regarding market management:

a/ To uniformly direct the market management work nationwide; to guide and examine the implementation of law provisions on circulation of goods on the market, import and export goods, as well as commercial services;

b/ To organize the coordination of activities among branches and localities in combating speculation and market cornering, smuggling, production and trading of fake goods, banned goods, and other trading acts contrary to law provisions.

9. To perform the uniform State management over competition, monopoly combat, dumping combat; to assume the prime responsibility for, and coordinate with commodity line associations and federations in, settling disputes over dumping.

10. Regarding trade promotion:

a/ To assume the prime responsibility for, and coordinate with the concerned ministries and agencies in, elaborating and submitting to the Government and/or the Prime Minister for promulgation, or promulgating according to their competence, strategies, plannings, plans, programs, mechanisms and policies on trade promotion; to direct, guide and organize the implementation of the above-said regulations after they are promulgated;

b/ To perform the State management over activities of commercial advertisement, trade fairs and exhibitions, sale promotion, and goods display at home and abroad according to law provisions.

11. Regarding international economic-trade integration:

To assume the prime responsibility for, and coordinate with the concerned ministries and agencies in:

- Elaborating and implementing mechanisms and policies on international economic-trade integration;

- Organizing negotiations with other countries and international economic-trade organizations;

- Signing or acceding to bilateral and multilateral international treaties between Vietnam and other countries or international organizations under the Government’s assignment or authorization;

- Guiding, urging, examining, and organizing the implementation of, international economic-trade treaties to which Vietnam is a member.

12. To represent Vietnam’s trade interests overseas; to uniformly manage commercial activities of Vietnamese organizations and individuals in foreign countries and of foreign countries in Vietnam according to law provisions; to manage and direct activities of Vietnam’s trade representations, trade promotion organizations, product and goods display centers or shops in foreign countries.

13. To collect, synthesize, analyze, process and provide economic, trade and market information as well as information on domestic and foreign traders in service of the State’s and the Party’s agencies as well as economic organizations; to compile and publish publications on trade and market information.

14. To enter into international cooperation in the domains under the Ministry’s management according to law provisions.

15. To decide on undertakings and measures, and guide the implementation of operation mechanisms of public-service organizations in the domains under the Ministry’s State management according to law provisions; to manage and direct activities of non-business organizations under the Ministry.

16. To organize and direct the implementation of plans on scientific research and application of scientific and technological advances in the domains under the Ministry’s State management.

17. To perform specific tasks and exercise specific powers regarding the representative of the owner of State capital portions at the State-invested enterprises under the Ministry’s management according to law provisions.

18. To perform the State management over activities of collective and private economic organizations, associations and non-governmental organizations in the domains under the Ministry’s management according to law provisions.

19. To inspect, examine, settle complaints and denunciations, combat corruption and negative phenomena, and handle law violations in the domains under the Ministry’s management according to law provisions.

20. To decide on, and direct the implementation of, the Ministry’s administrative reform program according to the objectives and contents of the State administrative reform program already approved by the Prime Minister.

21. To manage its organizational apparatus and payroll; to direct the implementation of wage policy as well as preferential treatment, commendation and discipline regimes and policies towards State officials, public servants and employees under the Ministry’s management; to provide professional training and fostering for State officials, public servants and employees in the domains under the Ministry’s State management; to elaborate public servant and employee titles, and prescribe technical and professional titles and criteria in the domains under the Ministry’s management.

22. To manage the assigned finance and assets, and organize the implementation of the allocated budget according to law provisions.

Article 3.- Organizational structure of the Ministry

a/ Organizations assisting the Minister in performing the State management function:

1. The Import-Export Department;

2. The Department for Domestic Market Policies;

3. The Department for Mountainous Trade and Border Trade;

4. The Department for the Asian-Pacific Market (called the Region 1 Department for short);

5. The Department for the European Market (called the Region 2 Department for short);

6. The Department for the American Market (called the Region 3 Department for short);

7. The Department for the African, Western-Asian and Southern-Asian Market (called the Region 4 Department for short);

8. The Department for Multilateral Trade Policies;

9. The E-Commerce Department;

10. The Department for Cooperatives;

11. The Planning and Investment Department;

12. The Finance-Accounting Department;

13. The Legal Department;

14. The Organization and Personnel Department;

15. The Market Management Department;

16. The Competition Management Department;

17. The Trade Promotion Department;

18. The Inspectorate;

19. The Office.

To transfer the Department for Goods Quality Management and Measurement currently under the Ministry of Trade to the General Department of Standardization, Measurement and Quality Control under the Ministry of Science and Technology.

The Department for Multilateral Trade Policies and the Import-Export Department may set up their sections, which shall be decided by the Minister of Trade after consulting with the Minister of Home Affairs.

Vietnam’s foreign-based trade representations shall be set up under the Prime Minister’s decision at the proposal of the Minister of Trade.

b/ Non-business organizations under the Ministry:

1. The Trade Research Institute;

2. The Trade Information Center;

3. The Informatics Center;

4. The Trade journal;

5. The Trade newspaper;

6. Vietnam Economic News (VEN) newspaper;

7. The Central School for Trade Officials.

The Minister of Trade shall assume the prime responsibility for, and coordinate with the Minister of Home Affairs in, elaborating the plan on organizing the training schools currently under the Ministry of Trade and submitting it to the Prime Minister for decision.

Article 4.- Implementation effect

This Decree takes implementation effect 15 days after its publication in the Official Gazette and replaces the Government’s Decree No. 95/CP of December 4, 1993 on the functions, tasks, powers and organizational apparatus of the Ministry of Trade as well as the previous regulations which are contrary to this Decree.

Article 5.- Implementation responsibilities

The Minister of Trade, 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.

On behalf of the Government
Prime Minister
PHAN VAN KHAI