Decree No. 98/2017/ND-CP dated August 18, 2017 of the Government on defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016 defining Functions, Tasks, Powers and Organizational Structures of Ministries and Ministerial-level Agencies;
At the request of Minister of Industry and Trade;
The Government promulgates this Decree to define the functions, tasks, powers and organizational structure of Ministry of Industry and Trade .
Ministry of Industry and Trade is a governmental agency performing the state management of industry and trade, including the following industries and sectors: Electricity, coal industry, oil and gas, new energy, renewable energy, chemicals, industrial explosives, mechanical engineering, metallurgy, mineral mining and processing industry, consumer industry, food industry, supporting industries, environment industry, high-tech industry; industrial and handicrafts complexes (clusters), industrial promotion; domestic trade; import, export and border trade; foreign market expansion; market surveillance; trade promotion; e-commerce; commercial services; international economic integration; competition, consumer rights and protection, trade remedies; public services in sectors and fields within the scope of its management.
Ministry of Industry and Trade shall fulfill the tasks and exercise the powers prescribed in the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016 defining Functions, Tasks, Powers and Organizational Structures of Ministries and Ministerial-level Agencies, and the following specific tasks and powers:
1. Submit the following documents to the Government, including bills and draft resolutions of the National Assembly, draft ordinances and draft resolutions of the Standing Committee of the National Assembly, draft decrees of the Government under annual law-making programs and plans of the Government and of Ministries, as well as resolutions, projects, schemes and summary programs as assigned by the Government or the Prime Minister.
2. Submit the annual, medium-term and long-term development strategies or plans, national target programs, national programs and nationally significant projects in sectors or fields within the scope of its management to the Government or the Prime Minister for considering approval, and organize the implementation of the approved ones in accordance with law regulations.
3. Consider giving approval for development strategies, plans or programs in sectors or fields within the scope of its management, investment projects as assigned and authorized by the Government or the Prime Minister; instruct and inspect the implementation of the approved ones.
4. Promulgate circulars, decisions, directives and other documents on state management of sectors or fields within the scope of its management; instruct, organize and inspect the implementation of legislative documents within the scope of its management; instruct and organize propagation, dissemination and education of laws on industry and trade.
5. Formulate national standards and promulgate national technical regulations and technical – economic norms applied in sectors or fields within the scope of its management; instruct, manage and inspect the quality of goods, products and conditional business sectors within the scope of its management in accordance with the law regulations.
6. With regard to energy, including electricity, coal, gas and oil, new energy, renewable energy and other energy:
a) Perform the state management of energy investment and construction projects; submit consolidated reports on production and business activities in the energy sector within its competence;
b) Announce the list of energy projects under the development plans in the sectors of electricity, coal industry, oil and gas, new energy and renewable energy with the aim of attracting investments;
c) Give approval for and manage the implementation of electricity development plans, new energy and renewal energy plans of provinces or central-affiliated cities; give approval for hydroelectric cascade planning;
d) Give approval for early development plans (EDP); overall development plans (ODP); field clearance plans; make decisions on revocation of field-related rights in cases where contractors fail to conduct field development activities and extract oil within the prescribed time limit; make decisions on burning of associated gas; make decisions on extension of oil and gas search and exploration stage according to provisions of oil and gas contracts; fulfill other tasks as defined by the Law on Petroleum;
dd) Instruct the formulation and give approval for detailed plans for coal mining regions; nationwide peat exploration, exploitation and use plans; schemes for supply of coal to power plants;
e) Organize negotiation to enter into documents or written agreements in the energy sector (BOT contracts, government guarantee agreements, or treaties) in accordance with the law regulations and as authorized by the Government;
g) Perform state management of economical and efficient use of energy in accordance with the law regulations.
7. With regard to electricity regulatory activities:
a) Formulate regulations on the operation of competitive electricity market and organize the implementation thereof;
b) Instruct the formulation of electric power supply plans, inspect and supervise the electric power supply and operation of electrical grids so as to ensure the balance of electricity supply and demand; do research, propose and manage solutions for balancing electricity supply and demand; provide guidance on requirements and procedures for suspension or shutdown of electricity supply or reduction of electric power consumption; requirements and procedures for connection to the national electrical grid;
c) Establish the bracket of average retail prices of electricity, the mechanism for adjustment of electricity prices and structure of the retail electricity price list; organize the application of mechanisms and policies on electricity prices;
d) Stipulate the bracket of electricity generation costs and the bracket of wholesale electricity prices, and consider approving the electricity transmission prices, prices of ancillary services provided by the grid operators, costs of dispatch and operation of electrical grids and costs of management of electricity transactions as well as prices of electricity came from new energy and renewable energy sources;
dd) Resolve complaints and disputes in the electricity market.
8. With regard to chemicals and industrial explosives:
a) Perform state management of chemicals, precursors used in industrial sector, explosive precursors and industrial explosives in accordance with law regulations; chemicals defined in the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction; chemicals used for production of consumer goods;
b) Manage chemical and industrial explosive industries; instruct, inspect and prepare consolidated reports on the development of chemical and industrial explosive industries in accordance with the law regulations.
9. With regard to heavy industry and light industry:
a) Manage and develop mechanical engineering, metallurgy, mining and mineral processing industries (excluding types of minerals used for production of building materials and cement products), consumer industry, foods industry, bio-industry, supporting industries, electronics and high-tech industries in accordance with the law regulations;
b) Take charge and cooperate with relevant ministries to formulate and submit mechanisms, policies and list of prioritized products in industrial sectors within the scope of its management to competent authorities for approval and promulgation;
c) Prepare and submit consolidated reports on industrial production activities as regulated.
10. With regard to industrial promotion, industrial and handicrafts complexes (clusters):
a) Formulate and organize the implementation of industrial promotion programs and plans; manage funds for implementing the national industrial promotion program;
b) Organize activities to develop handicrafts industry, industrial and handicrafts villages;
c) Organize activities to develop industrial complexes (clusters), and programs for investment in infrastructure systems of industrial complexes in accordance with the law regulations;
d) Fulfill supporting tasks for development of small- and medium-scale enterprises in industrial and handicrafts sectors.
11. With regard to industrial safety techniques:
a) Perform state management of occupational safety and sanitation matters within the ambit of assigned duties and powers;
b) Manage safety techniques-related activities within the scope of its management;
c) Manage the safety of hydroelectric dams and industrial explosives;
d) Instruct and organize activities of incident response, emergency response, disaster prevention and control, search and rescue within the scope of its responsibility.
12. With regard to environment protection and climate change responses in the industry and trade sector:
a) Implement regulations of the Law on Environment Protection within the scope of its management;
b) Instruct the preparation and appraisal of strategic environmental assessment reports and environmental impact assessment reports within the scope of its competence;
c) Take charge and cooperate with relevant ministries and local governments to develop environmental industry;
d) Conduct climate change response activities within the scope of its management.
13. With regard to domestic trade and market:
a) Organize the implementation of mechanisms and policies on development of domestic trade and market; develop domestic trade and ensure the balance of goods supply and demand, and the supply of essential commodities to mountainous regions, islands, remote and isolate areas, border regions and ethnic minorities in accordance with the law regulations; Organize the implementation of mechanisms and policies on methods of transaction and business types in accordance with the law regulations;
b) Take charge and cooperate with relevant ministries to instruct and regulate the movement of goods;
c) Take charge and cooperate with ministries and local governments to manage and develop commercial services in accordance with the law regulations;
d) Take charge and cooperate with Ministry of Finance to stipulate prices of certain commodities as per the law;
dd) Take charge and cooperate with ministries and local governments to formulate policies on development of commercial infrastructure facilities (including markets, supermarkets, shopping malls, trade centers, centers for auction of goods/commodities, goods trading centers, logistics centers, warehouses, trade fairs, exhibitions and retail stores) in accordance with the law regulations.
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