Functions, tasks, rights and organizational structure

FUNCTIONS, TASKS, RIGHTS AND ORGANIZATIONAL STRUCTURE OF NGHE AN DEPARTMENT OF INDUSTRY AND TRRADE

(Decision No. 6/2016 / QD-UBND of People’s Committee of Nghe An Province, dated 03/02/2016)

Article 1. Position and function
1. The Department of Industry and Trade is a specialized agency belonging to the provincial People’s Committee; To perform the function of advising and assisting the provincial People’s Committees in performing the state management of industry and trade, covering the following branches and fields: mechanical engineering; metallurgical; electricity; new energy, renewable energy; oil and gas; chemistry; industry explode materials; mining and processing of minerals (except construction materials); consumer industry; food industry; other processing industries; food safety; circulation of goods in the province; import & export; border trade; market management; promotion; ecommerce; commercial services, international economic integration; competition management, anti-dumping; anti-subsidy, protection of consumer interests; industrial promotion, industrial cluster management, supporting industries; To manage and organize the implementation of public services in the branches and fields under its management according to the provisions of law.
2. The Department of Industry and Trade has the legal entity status, its own seal and accounts; To submit to the direction and management of the organization and operation of the provincial People’s Committee, and at the same time to submit to the professional direction, inspection and guidance of the Ministry of Industry and Trade.
Article 2. Tasks and powers
1. To advise and submit to the provincial People’s Committees:
a / Draft long-term, five-year and annual plans; programs, schemes and measures to organize the implementation of state administrative reform tasks in the field of industry and trade;
b) Draft decisions and directives under the promulgation authority of the provincial People’s Committee in the field of industry and trade;
c) The draft specifies the functions, tasks, powers and organizational structure of the Department of Industry and Trade;
d / The draft document specifying conditions, criteria and titles for heads and deputy heads of units under their management; The draft regulates the criteria for leadership positions in the field of industry and trade of the Economic Division or Economic and Infrastructure Division under the People’s Committees of districts, towns and cities of the province.
2. To advise and submit to the president of the provincial People’s Committee:
a / The draft decision on the establishment, merger, splitting or dissolution of organizations or units under the Department according to the provisions of law;
b) Draft specific decisions and directives under the promulgation authority of the Chairman of the provincial People’s Committee in the field of industry and trade.
3. To guide, organize and inspect the implementation of legal documents, policies, plannings, plans, schemes, programs and regulations on trade and industry development after they are approved; Information, propaganda, guidance, dissemination, education, monitoring the implementation of laws on industry and trade.
4. Assist the provincial People ‘s Committee in presiding, examining and evaluating the design of construction investment projects and quality of works in the industry and trade in the province as assigned; Issuing, amending, supplementing, extending and withdrawing licenses and certificates under the management of the Department of Industry and Trade according to the provisions of law, the assignment or authorization of the provincial People’s Committees .
5. Industrial and small industry, handicraft
a) Regarding mechanics and metallurgy:
To organize the implementation of the planning, plans and policies for the development of the mechanical engineering industry, the metallurgy industry, the development of key mechanical and electronic products and hi-tech products. Mechanical engineering, automation, industrial electronics in the province.
b) Supporting industries:
Organize the implementation of planning, plans, mechanisms and policies for development of supporting industries in the province.
c) Regarding electricity, new energy, renewable energy, economical and efficient use of energy:
Organizing the implementation of electricity development planning and plans, developing new and renewable energy sources, using energy efficiently and economically in the province;
Organizing training courses on legal knowledge on electricity activities and electricity use for power units in the province; To provide professional training and fostering for electricity workers and technicians of rural, mountainous and island electricity management organizations;
Organizing the implementation of electricity price plans in the province after being approved by competent authorities.
d) Regarding the mining and processing of minerals (except minerals used as construction materials and cement):
To assume the prime responsibility for, and coordinate with the concerned branches in, organizing the implementation of the planning on the exploration, exploitation, processing and use of minerals after being approved according to their competence;
Guiding and inspecting the implementation of regulations, economic-technical norms, technology, safety and sanitation in mining and mineral processing in the province.
e) Regarding chemicals, industrial explosive materials, machinery and equipment subject to stringent requirements on safety techniques and environmental protection:
Organizing the implementation of the planning, plans and policies for development of the chemical industry, industrial explosive materials and assorted machines and equipment with strict requirements on technical safety in the province;

Assume the prime responsibility for, and coordinate with the concerned provincial agencies in, inspecting and handling violations of the legislation on management, use, preservation, trading and transportation of chemicals, industrial explosive materials and petrol and oil. , Liquefied petroleum gas and machinery and equipment subject to strict technical safety requirements as prescribed by law;

Advise the provincial People’s Committee to promulgate policies to support the production and trading of inorganic fertilizers; To implement the management of inorganic fertilizers quality and assume the prime responsibility and coordinate with the concerned agencies in inspecting, examining and handling violations in the field of inorganic fertilizers according to regulations. under the law.
Implement the management of environmental protection in the field of industry and trade in accordance with the law; Organize the implementation of planning and development policies for the environmental industry.
e) Food safety, consumer industry, food industry and other processing industries:
Organizing the implementation of the planning, plans and policies for the development of the industry after being approved, including textile – garment, leather – footwear, paper, porcelain, glass, plastic, wine, beer, beverage, Processed milk products, vegetable oils, flour products, starches, cakes, jams, candies, containers and other products;
To guide and inspect the observance of standards and standards on quality of industrial products, safety and hygiene and industrial environment; Food safety from the production, processing, preservation, transport and trading of liquors, beers, soft drinks, processed dairy products, vegetable oils, processed products of flour Powder, cakes, jams, candies, containers and other products, food safety for markets, supermarkets and facilities under the system of storage and distribution of foodstuffs under their management. window;
To guide and inspect the implementation of the regulations on the prevention and combat of counterfeit and trade frauds on the market of all kinds of food, food additives, food processing aids and instruments , Packaging materials, food containers under the jurisdiction Promotion:
Preside and advise the Provincial People’s Committee on the state management of industrial promotion activities;
Deploying programs, plans and projects on local industrial encouragement for activities implemented with national industrial promotion funds and activities implemented with local industrial promotion funding;
To guide organizations and individuals to implement industrial promotion projects in their respective localities; Training, fostering and solving issues related to local industrial promotion activities according to the provisions of law;
Carrying out the synthesis, reporting and supply of relevant information and documents; To inspect, evaluate, monitor and supervise the implementation of projects, plans and programs of industrial promotion in the province.
H / On industrial clusters:
Advise the Provincial People’s Committee on the state management of industrial clusters in the province in accordance with the law;
To assume the prime responsibility for elaborating plannings, plans, mechanisms and policies for development of industrial clusters and organizing the implementation thereof after they are approved by the provincial People’s Committees;
Appraising dossiers for establishment and expansion of industrial clusters and centers for development of industrial clusters; To give opinions on the basic designs of investment projects on the construction of industrial clusters and investment projects on the construction of works in industrial clusters in accordance with the provisions of law;
Implement preferential mechanisms and policies to attract investment, import and export, taxes, finance, labor and technical infrastructure construction, site clearance, relocation of production facilities, new construction Industrial clusters in the province;
Monitoring, inspection, evaluation and synthesis, report on the status of planning, investment in infrastructure construction and operation of industrial clusters in the province.
I) On handicraft:
To assume the prime responsibility and coordinate with the concerned agencies in organizing the implementation of programs, schemes, mechanisms, policies and plans on development of medium- and small-sized industrial enterprises and collective economic organizations in localities. (Including rural industries, craft villages, cooperatives in the field of industry and trade).

  1. About the trade
    A / Domestic trade:
    Organize the implementation of master plans, plans, mechanisms and policies for management of wholesale and retail trade infrastructure networks, including: types of markets, trade centers, Supermarkets, shops systems, commercial cooperatives, commercial services; The system of commercial agents, franchisees, logistics centers, commodities trading in other forms in accordance with the law and other types of commercial infrastructure;
    To assume the prime responsibility for, and coordinate with the concerned agencies in, guiding and organizing the implementation of mechanisms and policies to encourage the expansion of the business network, the development of circulation and circulation channels Commodities are stable from production to consumption in the province;
    To guide and inspect the observance of regulations on goods and services banned from business, restricted from business or conditional business permits for cigarettes, liquors, petrol, liquefied petroleum gas and Other goods and services in the province in accordance with the law and decentralized management of the Ministry of Industry and Commerce;
    To implement preferential mechanisms and policies, encourage and support the development of production, business and life of border, mountainous and island people and ethnic minority and disadvantaged areas in the province. (Such as providing essential goods, supporting goods circulation and commercial services …);
    Organizing activities regulating goods circulation, ensuring the balance of supply and demand of essential commodities, ensuring food quality and safety, stabilizing and promoting the provincial market development;
    Compiling and processing market information in the province on the total flow of goods, total supply, aggregate demand, circulation reserve and price fluctuation of essential commodities, policy items For people in border areas, mountainous areas, islands and ethnic minority areas. Proposing to the competent authorities measures to regulate the circulation of goods in each period.
    B) Import and export:
    To organize the implementation of mechanisms, policies, plans, programs and schemes for development and export of goods; To develop the service of import and export of goods in the province;
    Managing import-export activities of domestic enterprises, foreign-invested enterprises and traders without presence in Vietnam; The operation of offices and branches of foreign traders in Vietnam in the province.
    C / On border trade:
    Organizing the implementation of policies on development of border trade in their respective localities;
    To guide and inspect the implementation of regulations on modes of purchase, sale, exchange of goods and trading in border, mountainous, offshore and ethnic minority areas in the province;
    To guide and inspect the implementation of regulations on food safety management for commercial business establishments and cross-border commodities according to the provisions of law;
    To sum up the situation of operation of border-gate economic zones; Border management boards; To propose amendments and / or supplements to policies and measures to boost border trade to suit the reality in their respective localities.
    E) On e-commerce:
    To advise on the development and implementation of e-commerce mechanisms, policies, schemes, programs and plans for the development of e-commerce application infrastructure and the development of human resources for management. E-commerce, support organizations and individuals applying e-commerce in the province;
    To implement other state management contents on e-commerce as prescribed by law and decentralized by the Ministry of Industry and Trade.
    E) On market management:
    Organizing the management of market in the province according to the law;
    Guide and inspect the implementation of laws in the field of industry and trade of organizations and individuals in the province; Conducting specialized inspection according to the provisions of law;
    To assume the prime responsibility and coordinate with the concerned agencies in combating acts of speculation, smuggling, trade frauds, trade in fake goods or poor quality goods; To prevent violations of intellectual property rights, food hygiene and safety and other production and business activities in contravention of law.
    E) On trade promotion:
    Organizing the implementation of trade promotion programs, plans and schemes in order to boost export and support enterprises in the provinces in building and developing their trademarks;
    Organize the implementation, inspection and supervision of the registration of organization of trade fairs, exhibitions and sales promotion for traders.
    G) On competition, anti-dumping, anti-subsidy and self-defense:
    Guiding the implementation of legal provisions on competition, anti-dumping, anti-subsidy and safeguard in the province;
    To detect and propose the concerned agencies to settle according to their competence documents promulgated with contents inconsistent with the law on competition, anti-dumping, subsidy and safeguard;
    The focal point is to assist export enterprises in the area dealing with anti-dumping, anti-subsidy and safeguard cases from abroad;
    Manage Multi-level sales activities in accordance with the law.
    H / Regarding the protection of consumers’ interests:
    Issue according to its competence or submit to the provincial People’s Committees for promulgation and organize the implementation of legal documents on the protection of consumers’ interests in their respective localities;
    Propagating and disseminating the law on the protection of consumers’ interests; Consultancy on awareness raising on consumer protection in localities;
    To control the contract according to the sample and general trading conditions in the locality according to the provisions of the consumer protection legislation;
    To inspect and supervise the activities of social organizations and the organization of disputes between consumers and organizations and individuals in the localities;
    To publicly announce a list of organizations and individuals dealing in goods and / or services in violation of consumers’ interests according to their competence;
    Inspecting, examining and settling complaints and denunciations and handling violations of consumer interests according to its competence.
    I) on economic integration:
    Implement specific plans, programs and measures on international economic integration in the province after being approved;
    To assume the prime responsibility for, and coordinate with the concerned agencies in, propagating, disseminating and guiding the implementation of localities’ plans, programs and regulations on international economic integration.
    7. To organize and be responsible for inspection, registration, licensing, certification and certification within the scope of management responsibility of the department in accordance with law and as assigned or authorized by the Commission. Provincial People’s Committee.
    8. Manage, monitor, encourage and support enterprises, collective economic organizations, private businesses, associations, associations and non-governmental organizations under the management of local departments. Province table according to the law.
    9. To guide and inspect the implementation of the mechanism of autonomy and self-responsibility of public non-business units under its management according to the provisions of law.
    10. Implement international cooperation in the field of industry and trade as assigned or authorized by the provincial People’s Committee.
    11. To provide professional guidance in the field of industry and commerce to economic divisions or divisions of economy and infrastructure of district-level People’s Committees.
    12. Organizing the implementation of plans for research and application of scientific and technical advances and technologies in industry and trade under the management of the department; Guiding the implementation of standards, norms, economic-technical norms and quality of industrial products; Building a system of information storage for the state management and professional operations; Organize the implementation of policies, programs, plans and schemes to build and develop rural electricity networks and rural markets in communes in the province, evaluate the commune’s recognition of electricity and market criteria under the chapter. Submit national target for new rural development.
    13. Implement the PAR program of the department according to the objectives and contents of the administrative reform program of the provincial People’s Committee.
    14. Examining and inspecting branches, domains and domains assigned to them for organizations and individuals operating in the field of industry and trade; To settle complaints and denunciations, prevent and combat corruption according to the provisions of law and under the assignment or authorization of the provincial People’s Committees.
    15. Manage and organize the implementation of public services in the field of industry and trade under the jurisdiction of the Department in accordance with the law.
    16. Specifying the functions, tasks, powers and working relationships of public-service organizations and units under their respective management, in conformity with the functions, tasks and powers of the department under General guidance of the Ministry of Industry and Trade, Ministry of Home Affairs and the regulations of the provincial People’s Committee.
    17. Management of organizational structure, employment position, staffing and number of employees, structure of employees according to professional titles in public non-business units; To implement the wage regime and policies, treatment regimes, training, fostering, commendation and disciplining of officials, employees and laborers under the management of the department according to the provisions of law. And as assigned or authorized by the Provincial People’s Committee.
    18. To manage according to the law provisions on enterprises, collective economic organizations, private enterprises, associations and non-governmental organizations operating in the field of industry and trade in their respective localities.
    19. Manage and be responsible for finance assigned in accordance with the law and under the assignment or authorization of the provincial People’s Committee.
    20. Synthesize information, report once every six months or unexpectedly on the performance of assigned tasks with the provincial People’s Committee and the Ministry of Industry and Trade.
    21. To perform other tasks assigned by the People’s Committee, the President of the Provincial People’s Committee, and in accordance with the provisions of the law.

Article 3. Organizational structure
1. Department leaders
A) The Department of Industry and Trade has a director and no more than three deputy directors;
B) The director of the Department is the head of the Department, responsible to the People’s Committee, the Chairman of the Provincial People’s Committee and the law for the performance of functions, duties and powers of state management in the field. Trade in the province and the work assigned or authorized by the People’s Committee, Chairman of the Provincial People’s Committee;
The Director of the Department appoints and removes the heads and deputy heads of organizations attached to and affiliated with the Department according to the criteria of titles and assignment and decentralization of management of current staff;
The Director of the Department is responsible for reporting to the People’s Committee, the Chairman of the Provincial People’s Committee and the Ministry of Industry and Trade on the organization and operation of the Department. Report work to the Provincial People’s Council and People’s Committee upon request; To provide necessary documents at the request of the provincial People’s Council; Responding to the voters’ proposals and interpellation of the Provincial People’s Council deputies on issues in the field of industry and trade; To coordinate with other Directors of the Department, Heads of socio-political organizations and relevant agencies in performing the Department’s tasks;
C / The deputy directors of the provincial / municipal Services are the persons who assist the directors of the provincial / municipal Services in directing a number of working matters, take responsibility before the directors of the Services and before law for the assigned tasks. When the Director is absent, a Deputy Director is authorized by the Director to run the Department’s activities;
D) The appointment of the Director and the Deputy Director of the Department shall be decided by the Chairman of the Provincial People’s Committee in accordance with the title standards issued by the Ministry of Industry and Trade on the basis of the provisions of law. The dismissal, dismissal, commendation, discipline and other regimes and policies applicable to the Director and Vice Director of the Department shall be implemented in accordance with the provisions of the law;
E / The directors and deputy directors of the provincial / municipal Services that are not concurrently holding the title of chief of lower-level organizations and units have the legal person status (except for cases where the documents have higher legal validity than other regulations).
2. The general and professional advisory organizations
a) Office;
b) Inspectorate;
c) Planning – Finance – General Department;
d) Department of Industrial Management;
đ) Commercial Management Department;
e) Department of Safety and Environment Techniques;
g) Department of Energy Management;
h) Bureau of Import-Export Management;
i) Market Surveillance Sub- Agency.
3. Public non-productive public service units
a) Center for Industry Promotion and Industrial Development Consultancy;
b) Trade Promotion Center;
c) Energy Saving Center.

Article 4. Staffing, number of people working
a) The payroll of civil servants and non-business payrolls of the provincial-level Industry and Trade Departments shall be assigned on the basis of their employment positions in association with their functions, tasks and scope of operation and within the total public payroll and non-business payrolls. Agencies, administrative organizations and public non-business units of the province are assigned or approved by competent authorities.
b / Based on the functions, tasks, organizational structure and the list of job positions approved by competent authorities, the provincial-level Industry and Trade Departments shall formulate the payroll plans for civil servants and non-business payrolls for submission to the Commission. Provincial people to submit to competent authorities for consideration and decision according to the provisions of law.

 

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