| GOVERNMENT -------------- | SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ------------------ |
| No: 29/2004/ND-CP | Hanoi, January 16th, 2004 |
DECREE
ON DETERMINING FUNCTIONS, TASKS, POWERS AND ORGANIZING STRUCTURE OF THE MINISTRY OF TRADE
THE GOVERNMENT
Pursuant to the Law on organization of the Government dated December 25th, 2001;
Pursuant to Decision No. 02/2002/QH11 dated August 5th, 2002 of the Parliament of Vietnam, 11th session, 1st meeting, on defining list of ministries and offices equivalent to ministries of the Government;
Pursuant to Governmental Decree 86/2002/ND-CP dated November 5th, 2002 on defining functions, tasks, powers and organizing structure of ministries and offices equivalent to ministries;
Based on request from the Ministry of Trade and the Ministry of Home Affairs
DECREE:
Article I: Position and functions
Ministry of Trade is official body of the Government in charge of state management over trade, public services, and is presented as representative of state ownership in state-owned enterprises under the Ministry's management in accordance with laws.
Article II: Tasks and powers:
Ministry of Trade performs tasks, powers as prescribed in Governmental Decree No. 86/2002/ND-CP dated November 5th, 2002 on defining functions, tasks, powers and organizing structure of ministries and bodies equivalent to ministries; and also tasks and powers described in detail as follows:
1. Submitting to the Prime Minister projects, ordinances and legal drafts of the Government, Prime Minister in fields of Ministry's state management.
2. Submitting to the Government, Prime Minister strategies, development schemes, long-term plans, 5-year and annual, significant programs and projects in fields of Ministry's state management.
3. Promulgating of Decisions, Instructions, Circulars in fields of Ministry's state management.
4.Instructing, guiding and taking control and responsibilities in implementation of approved legal documents trade strategy, scheme, plans; providing information, propaganda; spreading and legal education in fields of Ministry's state management.
5.Domestic goods traffic and import export activities:
a) Unified state management over import export activities, and domestic goods traffic and trade services;
b) Submitting to the Government and Prime Minister for further promulgation and promulgating by itself where authorized domestic trade structure and policy, export, import, border trade, domestic goods traffic and trade services, enterprises, trading items, assuring full availability of essential items for mountainous areas, ethnic minorities; organization guidelines on implementing structures and policies after their promulgation;
c) Presiding, coordinating with other governmental ministries and branches in guiding and regulating domestic goods traffic in each period, balancing supply and demand, trade balance, stable development of market of goods, especially essential items;
d) Management over various goods certificates for export, import and domestic use, enterprises' business activities and trade services under legal regulations and international agreements which Socialist Republic of Vietnam has signed or participated in;
e) Analysis of current situation, export plans, import and business activities in trade services nationwide.
6. Unified state management over customer rights protection in accordance with legal regulations.
7. Unified state management on e-commerce;
8. Market management:
a) Unified nationwide guidelines on market management
b) Organizing and coordinating activities between branches, regions in anti-speculation and market destabilization, smuggling, production and trade of counterfeiting and legally prohibited goods, and other activities against laws.
