REGULATIONS
About the organization and operation of
Dong Nai Department of Industry and Trade
(Issued with Decision No. 57/2015 / QD-UBND dated 25/12/2015 of Dong Nai People's
Committee promulgating regulations on organization and operation of Dong Nai
Department of Industry and Trade; Decision No. 25/2017 / QD-UBND dated
03/8/2017 of Dong Nai People's Committee amending and supplementing some
articles of the Regulation on organization and operation of Dong Nai Department
of Industry and Trade issued in conjunction with Decision No. 57/2015 / QD-UBND
dated 25/12/2015)
Chapter I
GENERAL RULES
Article 1. Position - Function
The Department of
Industry and Trade is a specialized agency of the Dong Nai People's Committee,
which performs the function of advising and assisting the provincial People's
Committees in performing the function of State management over industry and
trade) in the province, including: Mechanical; Metallurgical; Electricity; New Energy, Renewable Energy; Chemistry;Industrial Explosive Materials; Mining and Processing of Minerals (except construction materials); Industrial Production ofConsumer Goods; Food Industries; other processing industries; Food Safety; Domestic Goods
and Commodities Circulations; Import-Export; Market
Surveillance; Trade Promotion; E-commerce; Trade in
services, International EconomicIntegration; Competition Management, Anti-dumping; Anti-subsidy, Protection of consumers' interests; IndustrialEncouragement, Industrial Estates Management, Supporting Industries; Providing public services in the fields and sectors underthe Department management
according to the provisions of law; Implementing the state management by
law within theindustrial and trading sectors and organizing the implementation of legal regulations stipulated in Decree
No.55/2011/ND-CP dated 4 July 2011 and Decree No.48/2013/ND-CP dated 14/05/2013
by the Government.
Article 2.
Operation and working office
The Department of
Industry and Trade has the legal entity status, its own seal and
accounts; to submit to the direction and management
of Dong Nai People's Committees in terms of
organization and operation, and submit to the direction, inspection and
guidance on the professionalism of the Ministry of Industry and Trade;
Headquarter: Level
4, State Head Office, 02
Nguyen Van Tri, Thanh Binh Ward, Bien Hoa City, Dong Nai Province;
Phone (0251)
3823317; Fax: (0251) 3823319;
Website:
http://sct.dongnai.gov.vn.
Chapter 2:
FUNCTION AND TASKS
Article 3: General tasks and power:
1. To advice and Submit to PPC:
a. Drafts of
planning, long-term, five-year and annual plans; Programs, projects and methods
to implement administrative reform tasks in the field of industry and trade
development;
b. Drafts of
decisions and directives under the promulgation authority of the provincial
People's Committee in the field of industry and trade;
c. Drafts of
specifies the functions, tasks, powers and organizational structure of the
Department.Submitting to PPC:
2. To advice and Submit to PPC:
a. Drafts of decisions on establishment, mergence, and dissolution of
units belonged to the Department according to the law’s regulation.
b. Drafts of specific decision, instruction under the promulgation of
People’s Committee’s Chairman in the fields of Industry and Trade.
3. To instruct, organize and inspect the implementation of legal documents, policies,
plannings, plans, schemes, programs and regulations on trade and industry
development after approval; to inform, propagandize, guidance, dissemination, education and monitoring of
law enforcement in the field of industry and trade.
4. Assist the provincial People's Committee in presiding over, examining and
evaluating the design of construction investment projects and quality of works
in the industry and trade sector in the province as assigned; To grant,
amend, supplement, extend and withdraw permits and certificates under the
management of the Industry and Trade Departments according to the provisions of
law, the assignment or authorization of the provincial People's Committees .
5. Managing Industry, small industry and
handicraft
a. Regarding the
mechanics and metallurgy:
To organize the
implementation of plans and policies on 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. Regarding Supporting industries:
To organize the
implementation of plans, mechanisms and policies for the
development of supporting industries in the province.
c. Regarding
electricity, new energy, renewable energy, economical and efficient use of
energy:
- To organize the
implementation of plans on electricity development, to develop
the application of new energy, renewable energy, save and efficient use of
energy in the province;
- Organizing
training courses on legal knowledge on electricity activities and using
electricity for electricity units in the province; professional training
and fostering, electricity safety for employees and technical workers in rural
and mountainous electricity management organizations;
- To organize the
implementation of electricity price plans in their respective provinces after
they are approved by competent authorities.
d. Regarding the
mining and processing of minerals (except for minerals used as construction
materials and cement):
- To preside and
coordinate with other provincial agencies in organizing the implementation of the
planning on exploration, mining, processing and use of assorted 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 the chemicals, industrial explosive materials and assorted machines and
equipment subject to stringent requirements on technical safety and
environmental protection:
- To organize the
implementation of plans and policies for the development of the chemical
industry, industrial explosive materials and assorted machines and equipment
subject to stringent technical safety requirements in the province;
- To preside and
coordinate with other provincial agencies in inspecting and handling violations
of the legislation on management, use, preservation, trading and transportation
of chemicals, industrial explosive materials oil, liquefied petroleum gas and
machinery and equipment with strict requirements on technical safety as
prescribed by law;
- To carry out the
management of environmental protection in the field of industry and trade
according to the provisions of law; To organize the implementation of the
planning and policies for development of the environmental industry.
f. Regarding food safety, consumer industry, food industry and other processing
industries:
- To organize the
implementation of the branch's plans and policies after being approved,
including textile and garment, leather and footwear, paper, porcelain, glass,
plastic, wine, beer, soft drinks, processed dairy products, vegetable oils,
flour products, starches, biscuits, jams, candies, packaging and other
products;
- To guide and
inspect the observance of quality standards and standards of industrial
products, safety and hygiene and industrial environment; Food safety from
the production, processing, preservation, transportation and trading of
liquors, beers, soft drinks, processed dairy products, vegetable oils,
processed products from flour biscuits, cakes, jams, candies, containers and
other products, food safety for markets, supermarkets and establishments under
the system of stockpiling and distributing foodstuffs under their management.
of the department;
- Guiding and
inspecting the implementation of the regulations on the prevention and combat
of counterfeit and commercial food frauds in the market for all kinds of
foodstuffs, food additives and food processing aids. Tools, packaging
materials, food containers under the jurisdiction of the department.
g. Regarding
stimulating industry:
- To advise the
provincial People's Committees in, performing the task of State management over
industrial stimulation activities;
- Deploying
programs, plans and schemes on local industrial encouragement for activities
carried out with national industrial extension funds and activities implemented
with local industrial extension funds;
- To guide
organizations and individuals in implementing industrial stimulation projects
in their respective localities; To train, foster and solve problems
related to local industrial stimulation activities according to the provisions
of law;
- To sumarize,
report and supply of relevant information and documents; To inspect,
evaluate, monitor and supervise the implementation of industrial projects,
plans and programs in the province.
h. Regarding Industrial Estates
Management:
- Advise the
Provincial People's Committee on the state management of industrial estates in the province in accordance with the law;
- Organize the
implementation of the plannings, mechanisms and policies for development of
industrial clusters and organizing the implementation thereof after being approved by the Provincial People's Committees;
- Evaluate the establishment or expansion of industrial clusters and centers for
development of industrial clusters; adviseon 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 the preferential mechanisms and policies to attract investments, import and export, taxes, finance, labor;constructions of technical infrastructure, site clearance, relocation of production facilities and construction of new industrial
clusters in the province;
- Monitoring,
inspecting, evaluating, synthesizing and reporting on planning, investment in
infrastructure construction and operation of industrial clusters in the
province.
i. Regarding the cottage industry:
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 Small and medium-sized enterprises (SMEs) and collective economic organizations in their respective localities
(including trades, trade villages, cooperatives in the
field of industry and trade).
j. To evaluate projects, basic designs, designs and construction cost estimation of investment projects on the construction of mines, oil and gas, power
plants, power transmission lines, transformer stations and works specialized
industry; managing the quality of industrial works from
industrial works.
6. Regarding trading activities:
a. Domestic trade:
- To organize the
implementation of the planning, plans, mechanisms and policies for management
of the wholesale and retail commercial infrastructure network, including types
of marketplaces, trade centers and supermarkets, systems of shops, commercial
cooperatives, commercial services; The system of commercial agents,
franchisees, logistics centers, commodities trading in other forms in
accordance with law and other types of commercial infrastructure;
- 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 value chain, the formation of channels regarding the circulation of goods and services in the province;
- Guide and inspect the observance of regulations on banned goods and services restricted business or conditional business; permits for cigarettes, liquors, petrol and liquefied petroleum gas.
and other goods and services in the province according to the provisions of law
and the management decentralization of the Ministry of Industry and Trade;
- To implement
preferential mechanisms and policies, encourage and support the development of
production, business and living standard of mountainous
areas as well as ethnic minority and disadvantaged areas in the province (such
as providing essential goods, supporting the circulation of goods and
commercial services ...);
- Organizing
activities to regulate and promote the circulation of
goods, ensuring the balance of supply and demand of essential commodities,
ensuring food quality and safety, stabilizing and promoting the
intra-provincial market;
- To synthesize
and process market information in the province on the total circulation of
goods, total supply and demand, circulation reserve and price fluctuation of
essential commodities, main commodities books for people, mountainous areas and
ethnic groups. Proposing to competent authorities measures to regulate goods
circulation in each period.
- Assume the prime
responsibility for, and coordinate with the concerned agencies in, performing
the task of managing the prices of dairy and functional foods for children
under 6 years old in the
province according to regulations. To receive and review forms of price
registration and price declaration for dairy products and functional foods for
under-6 children of enterprises conducting price registration and price
declaration within the province.
b. For export and
import:
- To organize the
implementation of mechanisms, policies, plans, programs and schemes for
development and export of goods; Develop export and import services in the
province;
- Managing import
and 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. Regarding
e-commerce:
- Advise to
develop and implement e-commerce mechanisms, policies, schemes, programs and plans
for e-commerce application development, human resources development; to manage
e-commerce, to support organizations and individuals applying e-commerce in the
province;
- Implement other
state management contents on e-commerce as prescribed by law and decentralized
by the Ministry of Industry and Trade.
d. On market
management:
- Organizing the
market management in the province according to the law;
- To guide and
inspect the implementation of law in the field of industry and trade by
organizations and individuals in the province; To conduct specialized
inspection according to the provisions of law;
- Assume the prime
responsibility for, and coordinate with the concerned agencies in, fighting
against acts of speculation, smuggling, trade frauds, fake goods trading, 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;
- Confirm the
registration of organization of trade fairs, exhibitions, sales promotion for
traders and monitor, inspect and supervise the implementation.
f. 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 relevant agencies to settle according to their competence documents
promulgated with contents inconsistent with the law on competition,
anti-dumping, subsidy and safeguard;
- To assist enterprises in exporting activities in the locality in dealing with anti-dumping, anti-subsidy and
safeguard cases from abroad;
- Management of
multi-level selling activities according to the provisions of law.
g. Regarding the
protection of consumers' interests:
- Promulgating
according to its competence or submitting to the provincial People's Committees
for promulgation and organizing the implementation of legal documents on the
protection of consumers' interests in their respective localities;
- Popularize and educating the law of the consumer protection; consultancy on raising consumer protection awareness in localities;
- To control
the formed contracts 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, organize the reconciliation
of disputes between consumers and organizations and / or individuals in the
localities;
- To publicly
announce lists of organizations and individuals dealing in goods and / or
services in violation of consumers' rights according to their competence;
- Inspecting,
examining and settling complaints and denunciations and handling violations of
consumer interests according to its competence.
h. Regarding
economic integration:
- Implement
specific plans, programs and measures on international economic integration in
the province after being approved;
- Assume the prime
responsibility for, and coordinate with the concerned agencies in, popularizing and guiding the implementation of plans, programs and regulations on
international economic integration in their respective localities.
7. Legal work
a) Regarding the
legislative work:
- Assume the prime
responsibility for, and coordinate with concerned units in, proposing the
formulation of legal documents of the provincial People's Councils or People's
Committees related to the branches or domains under the State management over
public works. love;
- Assume the prime
responsibility for, and coordinate with concerned units in, coordinating with
provincial-level Justice Departments in drafting annual programs on elaboration
of legal documents of provincial-level People's Councils and People's
Committees;
- To assume the
prime responsibility for, and coordinate with concerned units in, preparing
dossiers of draft legal documents on branches and domains under the State
management over industrial and commercial activities, proposing agencies,
organizations and individuals to make suggestions or propose the Justice Department to appraise and submit them to the presidents of the provincial
People's Committees;
- To chair or
participate in drafting legal documents as assigned by superior agencies;
- Contributing
comments on draft legal documents drafted by other units before requesting the
Justice Department for appraisal;
- Assume the prime
responsibility for, or coordinate with concerned units in, drafting legal
documents drafted by other agencies for comments.
b. Regarding the
review and systematization of legal documents:
- Assume the prime
responsibility for, and coordinate with concerned units in, regularly reviewing
and periodically systematizing legal documents related to branches and domains
under the State management over trade and industry;
- Biannually,
every year, the report shall be sent to the Justice Department for summing up
and submitting to the provincial People's Committee the results of the review
of legal documents and proposing a plan to handle the contradictory laws. ,
overlapping, unlawful or unsuitable.
c. Regarding the
inspection and handling of legal documents:
- To assume the
prime responsibility for, and coordinate with the provincial /municipal Justice
Services in, inspecting and handling legal documents according to the
provisions of law;
- To make a report
on the results of examination and handling of legal documents and send them to
the Justice Departments for summing up and reporting to the provincial People's
Committees.
d. Regarding the
law dissemination and education:
- Assume the prime
responsibility for, and coordinate with concerned units in, formulating
long-term and annual law dissemination and education plans within the branches
and domains under the State management over the trade and the implementation of
the plans after being approved;
- Assume the prime
responsibility for, and coordinate with concerned units in, organizing law
dissemination and education within the branches and domains under the State
management over trade and industry; To guide and inspect the law
dissemination and education work of units under the Industry and Trade
Department;
- Assume the prime
responsibility for, and coordinate with the units in, organizing, managing and
operating law bookcases at their respective agencies;
- Assume the prime
responsibility for, and coordinate with units in, biannually and annually
review and review the implementation of law dissemination and education
work; To report to the Justice Department on the results of law
dissemination and education so that the Justice Department shall sum up and
report it to the Province People's Committee
and the Justice Ministry.
e. Regarding the
work of monitoring law observance and inspecting the observance of law
- Assume the prime
responsibility for, and coordinate with concerned units in, inspecting and
supervising the enforcement of law within the branches and domains under the
State management over trade and industry according to the provisions of law;
- Assume the prime
responsibility for, and coordinate with concerned units in, urging and
inspecting the implementation of law;
- To assume the
prime responsibility for elaborating reports on the results of monitoring the
implementation of law and inspecting the implementation of law within the
branches or domains under the State management over the industrial and
commercial activities to the Justice Departments.
f. Regarding the
compensation work of the State:
To assume the
prime responsibility for, and coordinate with concerned units in, performing
the State's compensation work according to the provisions of law.
g. Regarding the
legal support for enterprises:
To assume the
prime responsibility for, and coordinate with the concerned departments,
branches and branches in organizing or participating in the provision of legal
support activities for enterprises according to the provisions of law.
h. Regarding the
counseling on legal matters and participation in legal proceedings:
- Contributing
legal opinions on the handling of issues within the scope of the State
management over trade and industry; To comment on the legality of
important decisions and documents issued by the Department of Industry and
Trade;
- Assume the prime
responsibility for, or coordinate with concerned units in, advising on legal
issues when participating in legal proceedings in order to protect their
legitimate interests according to the provisions of law;
- Assume the prime
responsibility for, and coordinate with the concerned units in, handling,
proposing and proposing measures to prevent and overcome the consequences of
law violations, internal rules and regulations of the Industry and Trade
Department.
i. Regarding the
control of administrative procedures:
- To assume the
prime responsibility and coordinate with the Justice Departments in controlling
administrative procedures according to the provisions of law;
- To make a report
on the situation and results of administrative procedure control activities,
and send it to the Justice Department for sum-up and report to the provincial
People's Committee.
8. Organize and
take responsibility for inspection, registration, licensing, certify certifications
within the scope of management responsibility of the Department in accordance
with the law and as assigned or authorized by the Commission. Provincial
People's Committee.
9. Manage,
monitor, encourage and support businesses, collective economic organizations,
private businesses, associations, associations and non-government organizations
under the managment of the department within the
province in accordance with the law.
10. To guide and
inspect the implementation of the mechanism of autonomy and self-responsibility
of public non-business units under the Department in accordance with the provisions of law.
11. To carry out
international cooperation in the field of industry and trade as assigned or
authorized by the Provincial People's Committee.
12. To provide
professional guidance in the field of industry and trade to economic divisions
or economic and infrastructure sections under district-level People's
Committees.
13. 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; To build a
system of information archives in service of state management and professional
operations; Organizing the implementation of policies, programs, plans and
schemes for building and developing rural electricity networks and rural
markets in communes in the province, evaluating communes' accreditation on
electricity and market according to the chapter Targeting the country to build
new countryside.
14. Implement the
administrative reform programs of the Department according to
the objectives and contents of the administrative reform program of the Provincial People's Committee.
15. To examine and
inspect the branches and domains assigned to the management of organizations
and individuals operating in the field of industry and trade; To settle
complaints and denunciations, to prevent and combat corruption according to the
provisions of law and under the assignment or authorization of the provincial
People's Committees.
16. Manage and
organize the implementation of public services in the field of industry and
trade under the managementof the Department in accordance with
the law.
17. Specifying the
functions, tasks, powers and working relationships of public non-business
organizations and units under the Department, in conformity with the functions, tasks and powers of the Services under
General guidance of the Ministry of Industry and Trade, the Ministry of the
Interior and the regulations of the Provincial People's
Committee.
18. To manage the
organizational structure, employment position, staffing and staff numbers and
structure of employees according to professional titles in public non-business
units under their respective service; To implement the salary regime and
policies, preferential treatment, training, fostering, rewarding and
disciplining of officials, employees and laborers under its management
according to the provisions of law. and according to the assignment or
authorization of the provincial People's Committee.
19. To manage
according to the law provisions on enterprises, collective economic
organizations, private enterprises, associations and
non-government organizations operating in the field of industry and trade
in their respective localities.
20. To manage and
take responsibility for the assigned finance according to the provisions of law
and under the assignment or authorization of the provincial People's
Committees.
21. To synthesize
information and report biannually or irregularly on the performance of assigned
tasks to the provincial People's Committees and the Ministry of Industry and
Trade.
Chapter III
ORGANIZATIONAL STRUCTURE AND WORKFORCE
Article 4.
Leadership of the Department
1. The Dong Nai
Department of Industry and Trade has a director and deputy directors.
2. 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
trade and industry field in the province
and the work assigned or authorized by the People's Committee, Chairman of the
Provincial People's Committee;
Department
directors shall appoint and dismiss heads and deputy heads of
organizations directed under the Departmentaccording to the criteria promulgated by the provincial People's
Committees;
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. To report to
the Provincial People's Council and People's Committee upon request; To
provide necessary documents at the request of the provincial People's
Councils; Responding to the voters' proposals, questions of the deputies
of the provincial People's Council on issues in the field of industry and
trade; To coordinate with other directors of other Departments, heads of socio-political organizations and concerned agencies in
performing the Department's tasks;
3. The Deputy
Director of the Department is the person who helps the Director of the
Department to direct a number of working areas, bears responsibility to the
Director of the Department and before law for the assigned tasks. When the
Director of the Department is absent, a Deputy Director of the Department is
authorized by the Director to operate the Department.
4. 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
criteria issued by the Ministry of Industry and Trade on the basis of the
provisions of law. The dismissal, reward, discipline and other regimes and
policies of the Director and the Deputy Director of the Department shall be
implemented in accordance with the provisions of the law.
5. The director or
deputy director of a department shall not be the head of a subordinate
organization or unit having the legal person status (except for cases where the
document is of higher legal value than other regulations).
Article 5.-
Organizations providing general and professional consultancy
1. Office;
2. Inspectorate of
the Department;
3. Department of
Planning and Finance - General;
4. Department of
Industrial Management;
5. Department of
Trade Management;
6. Department of
Safety and Environment Techniques;
7. Department of Energy Management;
8. The Market
Management Sub-Department (functions, tasks, powers and organizational
structure of the Market Management Sub-Department is guided by the Ministry of
Industry and Trade and the Ministry of the Interior).
Article 6. Public
non-business units
1. Industry
Promotion Center.
2. Industrial
Consultancy Center.
3. Trade Promotion Center .
The appointment,
dismissal, transfer, commendation, discipline, resignation, retirement and
implementation of regimes and policies towards heads and deputy heads and units
under the Department shall be decided by Director of Department of industry and
trade. in accordance with the law.
Article 7. The
payroll of civil servants and the number of employees (non-business payrolls)
1. The payroll of
civil servants and non-business payrolls of the provincial-level Industry and
Trade Department shall be assigned on the basis of their employment positions in
association with the functions, tasks and scope of their operation and included
in the total payroll of public servants and non-business payrolls. Agencies,
administrative organizations and public non-business units of the provinces or
centrally-run cities assigned or approved by competent authorities.
2. Base on the
functions, tasks, organizational structure and the list of job positions
approved by competent authorities, the Industry and Trade Department shall
annually work out plans on payrolls of public employees and payrolls for
submission to the Committee. Provincial People's Committees for submission to
competent authorities for consideration and decision according to the
provisions of law.
3. Divisions and
units under the Department have heads, deputy heads of departments; heads and subordinate units shall assist the Department’s Director in managing public servants and employees and organize the
performance of the tasks of the attached units and units, which are prescribed
by the directors of the Services. The appointment of heads and deputy
heads of divisions and deputy heads of subordinate units shall comply with the
regulations and decentralization of the provincial People's
Committees. The acception of civil
servants and the recruitment of officials to work in the departments and units
under the Department must ensure the professional qualifications and the
current regulations on the management and use of public servants. The State and
the provincial People's Committee.
Chapter IV
TASKS AND POWERS OF DEPUTY DIRECTOR
Article 8. Working
regime
1. The Director of
the Department shall work under the regime of the Head, ensuring the principle
of democratic centralism.
2. To implement
the regime of information and reporting periodically and extraordinarily.
Article 9. Tasks
1. Direct the
formulation of schemes, programs and plans (when so requested) and submit them
to the Chairman of theProvincial People's Committee or the provincial People's Committee for
promulgation according to its competence.
2. Participate in all meetings of the Provincial
People's Council (if invited), if the Director fails to attend the meetings of
the Provincial People's Committee related to the Department's duties, may
appoint Deputy Director of the Department (in case of appointing another person
to attend the meeting, the Director must report the reasons and be approved by
the Chairman in advance).
3. Not transfer
the issues falling under the jurisdiction of the Department of Industry and
Trade to the Chairman of the Provincial People's Committee or the Provincial
People's Committee; Not to issue documents contrary to the regulations of
the Chairman of the provincial People's Committee or the People's Committee of
the province, matters falling beyond its assigned competence must be consulted
with the Chairman of the People's Committee of the province or the People's
Committee. the provincial.
4. To implement
the unified regulations on state management of
specialized agencies under the provincial People's Committees.
5. To assume the
prime responsibility for, and coordinate with other specialized agencies in,
settling State management issues under the charge of the Industry and Trade
Department in relation to the functions and tasks of other agencies; In
case of divergent opinions, the Department Director shall submit to the Chairman of the provincial People's Committee for decision.
6. Issues which The Director of the Department shall submit to the Chairman of the
Provincial People's Committee or the Provincial People's Committee related to
other specialized agencies the written opinion of the head of the
agency. The heads of the consulted agencies shall have to study and reply
in writing within 5 working days after receiving the written documents. (For
complicated issues and wide-ranging scope, the time limit for payment shall be:
words will be specified). If, after the prescribed time limit, the
consulted agencies fail to reply, they shall be considered as having agreed and
taking responsibility before the presidents of the provincial People's Committees
or provincial People's Committees within the scope of their tasks and powers.
refer to your unit.
7. To coordinate
with district-level People's Committees in directing the implementation of
objectives, projects, programs, plans and plannings for development of the
trade and industry branch already approved by competent authorities;
8. To provide
professional guidance and settle proposals and proposals of district-level
People's Committees in accordance with the State management regulations on
industry and trade.
Article 10.
Responsibilities
1. Prepare the
contents for the Chairman of the Provincial People's Committee or the
Provincial People's Committee to decide on jobs in the field of industry and
trade under the authority of the Chairman of the Provincial People's Committee
or the Provincial People's Committee.
2. To be
responsible for the quality and contents of legal documents drafted by the
Department of Industry and Trade; To direct the implementation of
development strategies, plannings, programs and plans after they are approved
by the presidents of the provincial People's Committees or the provincial
People's Committees on the efficiency of projects, Project of Department of
Industry and Trade.
To be responsible
for the work directly managed by the Department of Industry and Trade; To
take responsibility for the work assigned by the district-level People's
Committees but fail to fulfill their responsibilities in guiding, inspecting
and inspecting the occurrence of incidents, Losses, major damage to state
property and people.
4. To take
responsibility when there are management deficiencies and to cause corruption
or bureaucratic corruption, causing serious damage to the agencies and units
under the management of the directors.
5. Assign deputy directors
to solve problems under the authority of the director or authorize the deputy
director to work and solve problems of localities and departments. The
director shall be responsible for the decisions of the deputy directors
assigned or authorized to settle.
Article 11. Powers
1. Defining the
functions, tasks and powers of the Office, the Inspectorate of the Department,
the specialized department,the Market
Management Sub-Departments and the non-business units directed by the Department of Industry and Trade.
2. Payroll
management, recruitment (officer), transfer, rotation, appointment and
dismissal; to implement the wage regime and policies and treatment
regimes; To commend and discipline officers and public servants under its management and decentralization of the provincial
People's Committees.
3. Organizing
professional training and fostering in the field of industry and trade
for officers and public servants
engaged in industrial and commercial activities.
4. Decide the jobs under the management of the Department of Industry and
Trade and take responsibility for those decisions.
5. Assign or
authorize deputy directors to settle matters falling under the competence of
director.
6. To exercise the
powers of the Department of Industry and Trade and other powers as authorized
by the People's Committee of the province or the Ministry of Industry and
Trade.
Chapter V
WORKING RELATIONSHIP
Article 12.- For
Dong Nai provincial Party Committee and mass organizations
1. The Department
of Industry and Trade is under the leadership of the Dong Nai Party Committee on the direction of developing the industry and trade
and other tasks in accordance with the resolution and direction of the
provincial Party Committee.
2. The Department
of Industry and Trade creates favorable conditions for Dong Nai Fatherland
Front Committee and other mass organizations to comment on the implementation
of tasks in the field of industry and trade in Dong Nai province.
Article 13.- For
the provincial People's Council and the People's Committee of Dong Nai province
1. The Department
of Industry and Trade is under the supervision of the Provincial People's Council in carrying out its tasks in the field of
industry and trade according to the provisions of law and the resolutions of
the provincial People's Council; To report, present and provide necessary
documents to the provincial People's Councils in service of the supervision
work; to answer questions and recommendations of the members of the
provincial People's Council on matters related to the functions and tasks of
the industry and trade.
2. The Department
of Industry and Trade is subject to the direct and comprehensive management and
direction of theProvincial People's Committee. The
director of the Department shall implement, organize, inspect, urge the implementation of resolutions of the
provincial People's Council; decisions and directives of the provincial
People's Committees and shall have to make regular and irregular reports on the
situation and implementation plans of provincial-level Industry and Trade
Departments to the provincial People's Committees according to the prescribed
regime.
3. Before
implementing the undertakings of the Ministry of Industry and Trade and other
central branches related to the general programs and plans of the
province, Department of Industry and
Trade shall report to the Provincial People's Committees for
guidance. The Chairman of the Provincial People's Committee or the Vice
Chairman of the Provincial People's Committee are in charge of working groups.
Article 14.- For
the Ministry of Industry and Trade
The Department of Industry and Trade is subject to the guidance, guidance and
inspection of the Ministry of Industry and Trade in terms of expertise; To
implement the reporting regime according to regulations; To propose
commendation and reward to organizations and individuals that record
achievements in the field of industry and trade.
Article 15.- For
professional agencies under the provincial People's Committees and units
performing the tasks related to the trade and industry sector in the province
To carry out
close, equal and coordinated relationships in order to well perform the
assigned tasks;To provide guidance to agencies and units related to the
Department's activities in the fields of industry and trade.
Article 16.- For
the People's Committees and professional agencies of district-level People's
Committees ( including Bien Hoa city, Long Khanh district and other districts)
1. The Department
of Industry and Trade is responsible for coordinating with district-level
People's Committees in implementing the work plan of the industry and trade sector
and at the same time is responsible for collecting opinions of district-level
People's Committees in solving problems. related to industrial and commercial
activities in the area.
2. In cases where
there is a problem between the Department of Industry and Trade and the
district People's Committee, the Department of Industry and Trade shall report
to the provincial People's Committee.
3. The Department of Industry and Trade Services shall have to provide professional
guidance and assistance, working domains under the management of
provincial-level Industry and Trade Departments for district-level People's
Committees.
4. For specialized
agencies in charge of the district-level industry and trade, the Department Industry and Trade Services shall:
a. To direct,
guide and inspect the professionalism of State management over industry and
trade;
b. It is required
to report periodically and irregularly to the Department in charge of state
management of industry and trade in the locality.
c. To commend and
propose the commendation according to the provisions of law.
Article 17.-
Relationships with economic organizations, associations, associations and
non-governmental organizations; Other organizations and individuals
operating in the field of industry and trade in the province
1. To direct,
guide and inspect state management contents in the field of industry and trade
according to the current provisions of law. Suggest the forms of reward
and punishment according to regulations.
2. Being required
by economic organizations, associations, associations and
non-government organizations; Other organizations and individuals
operating in the field of industry and trade in the province provide statistics
and reports on results related to industrial and commercial activities of the
unit.To
Chapter VI
ORGANIZATION OF IMPLEMENTATION
Article 18.-
The Director of the Industry and Trade
Department shall take responsibility for the implementation of the Regulation on organization and operation of the Industry
and Trade Department. The Director of the Department is responsible for
amending and supplementing the Department's working regulations on the basis of
this Regulation.
Article 19
.- The amendment and supplementation of
this Regulation shall be considered and decided by the provincial People 's
Committee at the proposal of the director of the Department of Industry and Trade after reaching agreement with the Director of the
Department of Home Affairs and the heads of the departments, related fields.