Nghị định 95-CP

DECREE

ON THE FUNCTIONS, DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF TRADE

THE GOVERNMENT

- Pursuant to the Law on Organization of the Government dated September30, 1992 ;
- Pursuant to Government Decree No.15-CP dated March 2, 1993 on duties,powers and responsibilities for exercising State management of the ministries andministerial-level offices ;
- In consideration of the proposals of the Minister of Trade and theMinister-Head of the Government's Committee on Organization and Personnel,

DECREES:

Article 1. The Ministry of Trade is a Government agency whichexercises State management over trade activities (which consist of export, import, tradingin materials and consumer goods and providing commercial services) affiliated to anyeconomic sectors in the whole country, including commercial activities of the foreignorganizations and individuals which are permitted to operate in Vietnam.

Article 2. The Ministry of Trade shall implement the duties, powersand State management responsibilities of the Ministries and Ministerial-level offices asstipulated in Government Decree No.15-CP dated March 2, 1993. They are:

1. Drafting regulations on management of export/import activities to besubmitted to the Government for promulgation and promulgating the same in accordance withits authority. They are comprised of :

- Managing export/import quotas, issuing or withdrawing of licenses forexport/import business in respect of economic organizations as delegated by theGovernment;

- Granting export/import permits to joint ventures with foreigners inaccordance with the Law on Investment;

- Exercising State management over consultative and intermediaryactivities, trade fairs and advertisements, goods display and other commercial promotionsinside and outside the country;

- Coordinating with the concerned agencies in reviewing and grantingapproval of projects for indirect trade investments;

- Considering and giving permission to Vietnamese economicorganizations to appoint their representatives to, or establish companies and branches inforeign countries, or join international economic organizations;

- Considering and giving permission to foreign economic organizationsto establish their representative offices, companies or branches in Vietnam;

- Exercising management over and giving professional advise toVietnamese trade or economic representative offices abroad.

2. Drafting regulations on management of commercial operations andservices in the country, as well as plans and policies on commercial developmentapplicable to mountainous, highland and ethnic minority areas to be submitted to theGovernment for promulgation or promulgating the same in accordance with its authority.

3. Organizing and directing the implementation of plans on scientificresearch, application of scientific and technological advances to the commercialactivities.

4. Receiving, processing and providing all information relating toeconomic and commercial activities from inside and outside the country to assist in thedirections of the Government and economic organizations.

5. Exercising State management over measurements and quality control ofgoods in commercial operations in areas for which the Ministry of Trade is responsible inthe domestic market.

6. Providing professional guidance and direction to the local officeswhich exercise State management over commercial activities.

Article 3. The organizational structure of the Ministry of Trade iscomposed of :

I. BODIES ASSISTING THE MINISTER IN EXERCISING STATE MANAGEMENT :

1. The Department for Export and Import ;

2. The Department for Planning and Statistics ;

3. The Department for Investment ;

4. The Trade Policy Department for Mountainous Market ;

5. The Trade Policy Department for Urban and Rural markets ;

6. The Department for Market Management ;

7. The Trade Policy Department for Asia and Pacific Region Market(Department I for short) ;

8. The Trade Policy Department for European, American Markets andInternational Economic Organizations (Department II for short) ;

9. The Trade Policy Department for Africa, South - West Asia and theMiddle - East (Department III for short) ;

10. The Scientific Department ;

11. The Legal Department ;

12. The Department for Finance-Accounting ;

13. The Department for Organization-Personnel ;

14. The Inspection Board ;

15. The Ministry's Office ;

16. The Department for Quality Control of Goods and Measurement ;

17. Trade and Economic Representative Offices of Vietnam in foreigncountries.

II. NON-PROFIT BODIES UNDER THE MINISTRY:

1. The Institute of Trade and Economy;

2. The Institute for External Economic Relation ;

3. A list of other non-profit units (in the attached appendix) whichare

re-organized by the Minister of Trade shall be submitted to the PrimeMinister of the Government for decision after being advised in writing by the relevantagencies and appraised by the Government's Committee on Organization and Personnel.

III. Regarding the State-owned enterprises under the Ministry, theMinistry shall be responsible to re-arrange them in accordance with Decree No.388 - HDBTdated 20 November 1991 by the Council of Ministers and to submit the same to the PrimeMinister of the Government for decision.

The Minister of Trade shall specify duties, rights and specificquantity of staff of the units under the Ministry on the basis of the total quantity ofstaff of the Ministry which have been approved.

Article 4. The Ministry of Trade shall be lead by the Minister whois assisted by the Vice Ministers.

The Minister of Trade shall report to the National Assembly and thePrime Minister of the Government for all activities of the Ministry. The Vice Ministersshall report to the Minister for their assigned tasks.

Article 5. This Decree comes into force as from the date of itspromulgation. Decree No.387 - HDBT dated November 9, 1990 by the Council of Ministers onthe functions, duties, powers and organizational structure of the Ministry of Commerce andother previous stipulations which are contrary to this Decree shall be abrogated.

Article 6. The Minister of Trade, other ministers, the heads of theministerial-level agencies and other offices under the Government and the presidents ofthe People's Committees of the provinces and centrally-ruled cities are responsible forthe implementation of this Decree.