Tasks and powers regarding commerce of the Department of Industry and Trade in Vietnam

Circular 15/2023/TT-BCT amending Circular 04/2022/TT-BCT guiding the functions, tasks and powers of the Department of Industry and Trade issued by the Minister of Industry and Trade of Vietnam on June 30, 2023 (effective from August 22, 2023).

Tasks and powers regarding commerce of the Department of Industry and Trade in Vietnam (Internet image)

Tasks and powers regarding commerce of the Department of Industry and Trade in Vietnam

(1) Domestic market:

Advise on the formulation and implementation of master plans, plans, mechanisms, and policies for management and development according to their functions and competence: types of commercial infrastructure such as markets, trade centers, shopping centers, supermarkets, retail stores, commodity exchanges, fairs and exhibition centers, goods auction centers, logistics centers, and other types of commercial infrastructure; types of organizations, forms, and methods of commercial business, such as commercial cooperatives, wholesalers, retailers, commercial agents, franchises, and commercial services in the province according to regulations of the Law;

(Currently, Circular 04/2022/TT-BCT stipulates: Organizing the implementation of master plans, plans, mechanisms, and policies for management and development: types of commercial infrastructure such as markets, commercial centers, shopping centers, supermarkets, retail stores, commodity exchanges, fairs and exhibition centers, commodity auction centers, and other types of commercial infrastructure; types of organizations, forms, and methods of commercial business, such as commercial cooperatives, wholesalers, retailers, commercial agents, franchises, commercial services, and logistics activities in the province as prescribed by law ;)

Assume the prime responsibility for, and coordinate with relevant agencies in, guiding and organizing the implementation of mechanisms and policies to encourage the expansion of business networks, and the development of joint goods circulation organizations; form stable goods circulation channels from production to consumption in the province;

Organize the implementation, guide, and inspect the implementation of regulations on goods and services in conditional investment and business lines: tobacco, alcohol, petrol, gas, and other goods and services in the province according to the provisions of law and management decentralization of the Ministry of Industry and Trade;

Implement mechanisms and policies to give incentives, encourage, and support the development of production, business, and people's lives in border areas, mountainous areas, islands, and ethnic minority and disadvantaged areas in the province (such as providing essential goods, supporting the circulation of trade goods and services...);

Organize activities to regulate the circulation of goods, ensure the balance between supply and demand of essential commodities, ensure food quality and safety, and stabilize and promote the development of the intra-provincial market;

Synthesize and process market information in the province on total retail sales of consumer goods and services, total supply, aggregate demand, and circulating reserve levels and price fluctuations of essential commodities and policy items for people in border areas, mountainous areas, islands, and ethnic minority areas. Propose to competent authorities solutions to regulate the circulation of goods in each period.

(2) Regarding export and import:

Advise on the development and implementation of relevant mechanisms, policies, strategies, plans, programs, and projects in the field of import and export of goods; manage and monitor goods import and export activities; develop goods import and export services in the province;

Manage import-export activities of domestic enterprises, foreign-invested enterprises, and traders without a presence in Vietnam.

(3) Regarding border trade (for border provinces):

Assume the prime responsibility for, or coordinate with concerned agencies in, implementing policies on management and administration of border trade development activities in accordance with regulations of the Provincial People's Committee;

Preside over or coordinate the exchange of information, coordinate with functional agencies of the opposite side of your country sharing the border to propose the application of measures to remove obstacles arising in border trade in the area;

Synthesize the situation and data of border trade activities; propose amendments and supplements to policies and measures to promote border trade to suit local realities.

(4) Regarding e-commerce and the digital economy:

Advise on the development and implementation of e-commerce mechanisms, policies, schemes, programs, and plans to develop e-commerce application infrastructure, develop human resources for e-commerce management and digital economy, and support organizations and individuals to apply e-commerce in the province;

Perform other state management of e-commerce in accordance with the law and decentralization of the Ministry of Industry and Trade.

(5) Regarding trade promotion:

Organize the implementation of administrative procedures on trade promotion within its competence;

Inspect, examine, and supervise the implementation of the law on trade promotion by traders and organizations engaged in trade-related activities, and impose penalties for administrative violations according to the provisions of the law for violations of the law by traders and organizations engaged in activities related to commerce;

Check and summarize settlements with financial management agencies of the same level about the amount according to the collection decision and the amount actually collected into the state budget: 50% of the announced value of the prize without a winner of the promotion program;

Advise and propose to local authorities trade promotion programs, plans, and schemes in the locality and implement programs, plans, and schemes as assigned;

Coordinate with the Ministry of Industry and Trade in managing the activities of representative offices of foreign trade promotion organizations in Vietnam.

(6) Regarding competition management:

Propagate, disseminate, and guide the implementation of the provisions of the law on competition in the province;

Detect and recommend that relevant agencies handle, according to their competence, violations of competition law and promulgate documents with contents inconsistent with competition law.

(7) Regarding the management of business activities by the multi-level method:

Assume the prime responsibility for, and organize the implementation of, the provisions of the law on the management of business activities by multi-level method in the province according to its competence;

Formulate and submit to competent authorities for promulgation regulations on coordination among relevant local agencies in inspection, examination, and supervision of business activities by a multi-level method in the locality;

Detect and handle violations according to their competence or report to competent authorities for handling violations of the law on management of business activities by a multi-level method;

Issuing and withdrawing confirmation of registration of multi-level selling activities in the locality, confirmation of receipt of notices of termination of multi-level selling activities in the locality;

Inspect, examine, and supervise business activities by the multi-level method;

Organize training and professional training for officials and civil servants directly performing the state management of multi-level sales;

Propagate and disseminate the law on management of multi-level sale activities to enterprises and participants in multi-level sale;

Receive and process dossiers of notices of conferences, seminars, and training on multi-level selling;

Report annually or irregularly to the Ministry of Industry and Trade on the management of multi-level sales activities in the area.

(8) Regarding trade remedies:

Guide the implementation of legal provisions on trade remedies, including: anti-dumping, anti-subsidy, self-defense, and anti-evading trade remedies in the province;

Detect and recommend that relevant agencies handle, according to their competence, the promulgated documents with contents inconsistent with the law on trade remedies;

The focal point should assume the prime responsibility for supporting industry associations and export enterprises in the area to respond to investigation cases, review anti-dumping, anti-subsidy, self-defense, and anti-evading foreign trade remedy measures;

Synthesize data, operation situations, and import and export information in the province related to trade remedy cases, coordinate with investigation agencies on trade remedies in the work of early warning of trade remedy lawsuits;

Coordinate with trade remedy investigation agencies to review, provide information, and handle issues related to specialized investigation, verification, inspection, and examination of trade remedies for enterprises in the province;

The focal point for collecting and providing information to the investigating agency on trade remedies and the policies and practices of operations of agencies, organizations, and enterprises in the province in cases of anti-subsidy investigations in foreign countries.

(9) Regarding consumer protection:

Submit to competent state agencies for promulgation and organize the implementation of legal documents on the protection of consumers' interests in the locality;

Propagate, disseminate, and educate the law on consumer rights protection; consult, support, and raise awareness on consumer protection in the locality;

Inspect, examine, settle complaints and denunciations, and handle violations of the law on the protection of consumers' interests according to their competence;

Implement the control of model contracts and general transaction conditions in the locality in accordance with the law on consumer protection;

Provide professional guidance for district-level state management agencies in charge of consumer protection to carry out contents related to consumer protection;

Publicly announce the list of organizations and individuals trading in goods and services infringing on consumers' interests according to their competence;

Manage activities on protecting consumer interests of local social organizations; create conditions for social organizations participating in the protection of consumers' interests to operate; appraise the projects and operation plans of social organizations participating in the protection of consumers' interests and submit them to the President of the Provincial People's Committee for decision on assignment of tasks associated with the State's tasks; supervise the performance of tasks when assigned to consumer protection social organizations to perform;

Manage, inspect, and supervise the mediation activities of the dispute mediation organization between consumers and local business organizations and individuals in accordance with law;

Report on the results of state management of consumer rights protection in the province on a regular basis or at the request of competent authorities.

(10) Regarding market management:

Coordinate with the Market Management Department located in the province to develop a plan for periodic and thematic inspection, and measures to prevent and combat smuggling, commercial fraud, and counterfeiting within the scope of functions and tasks of the local market management force to avoid overlapping and duplicating the subjects and contents of inspection with the competent inspection and inspection forces of the province.

(11) Regarding international economic integration:

Implement the implementation of specific plans, programs, and measures on international economic integration in the province after being approved;

Assume the prime responsibility for, and coordinate with relevant agencies in, propagating, disseminating, and guiding the implementation of local plans, programs, and regulations on international economic integration;

Actively coordinate with the Ministry of Industry and Trade and relevant units to perform the tasks assigned in the Plan to implement the Free Trade Agreements, especially the New Generation Free Trade Agreements;

Perform other state management of international economic integration according to the provisions of law and decentralization of the Ministry of Industry and Trade.

(12) Regarding goods trading and activities directly related to the purchase and sale of goods by foreign traders in the province:

Manage goods purchase and sale activities and activities directly related to the purchase and sale of goods by foreign traders;

Manage operations of representative offices of foreign traders.

(13) Regarding logistics services: (New content added)

Assume the prime responsibility for, and coordinate with relevant departments, agencies, sectors, and units in advising on the formulation and implementation of mechanisms, policies, laws, and plans for the development of logistics services and programs and projects to develop logistics services in the province;

Coordinate and support the departments, branches, and local associations to develop logistics services and improve the capacity of logistics enterprises in the province;

Propagate, disseminate, develop the market, and connect logistics service enterprises with production, import, and export enterprises in the province.

Duong Chau Thanh

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