Thông tư liên tịch 36/2000/TTLT/BTM-BTCCBCP

JOINT CIRCULAR

GUIDING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATION OF THE LOCAL TRADE MANAGEMENT BODIES

Pursuant to the Commercial Law adopted on May 10, 1997 by the IXth National Assembly of the Socialist Republic of Vietnam at its eleventh session;
Pursuant to the Government’s Decree No. 15/CP of March 2, 1993 defining the tasks, powers and State management responsibilities of the ministries and ministerial-level agencies;
The Ministry of Trade, the Government Commission for Organization and Personnel hereby jointly guide the functions, tasks, powers and organization of the local trade management bodies as follows:

A. TRADE MANAGEMENT BODIES OF THE PROVINCES AND CENTRALLY-RUN CITIES (HEREINAFTER COLLECTIVELY REFERRED TO AS PROVINCES)

I. THE FUNCTIONS OF THE TRADE MANAGEMENT BODIES OF THE PROVINCES AND CENTRALLY-RUN CITIES

The provincial Trade Services, the provincial Trade and Tourism Services (hereinafter collectively referred to as provincial Trade Services) are professional bodies under the People’s Committees of the provinces and centrally-run cities (hereinafter collectively referred to as provincial People’s Committees) assisting the latter in discharging the function of State management over trade in the provinces in accordance with the provisions of law.

The provincial Trade Services shall submit to the provincial People’s Committees direction and management regarding the activities, organization and payrolls and at the same time to the Trade Ministrys direction, guidance and inspection regarding professional work and observance of the mechanism, policies and legislation on trade.

For provinces where the Trade and Tourism Services are established, they shall abide by not only the provisions in this Circular but also the provisions in Circular No. 325/TT-TCCP-DL of May 28, 1993 of the Government Commission for Organization and Personnel and the General Administration of Tourism.

II. TASKS AND POWERS OF THE PROVINCIAL TRADE SERVICES

1. Regarding the planning and market organization work:

1.1. Elaborating general planning and plans on the trade development in the provinces and submitting them to the provincial People’s Committees for approval.

1.2. Basing themselves on the approved general planning and plans on trade development, to submit to the provincial People’s Committees for approval concrete trade development projects and programs of their respective provinces and organizing the implementation thereof.

1.3. Considering and approving or taking part in considering and approving the programs and projects related to trade.

1.4. Approving province-based foreign-invested enterprises import plans under the Trade Ministrys authorization (except for enterprises located within the industrial parks and export-processing zones).

1.5. Organizing the implementation and supervising and inspecting the implementation of trade plans.

1.6. Conducting the survey and study of markets inside and outside the provinces, overseas markets, in service of the trade development work in their respective provinces.

1.7 Summing up and processing market information available in their respective provinces regarding the total volume of circulated goods, total supply and demand as well as the volume of circulation reserves of essential goods and goods items subject to social policies toward mountainous people and ethnic minority people, the import and export values.

1.8 With a view to balancing the goods supply and demand in their respective provinces, the provincial Trade Services shall coordinate with the provincial branch-managing services in directing the enterprises engaged in trade activities in the provinces to carry out the supply of essential goods, goods items subject to social policies so as to meet the market demand in the provinces, contributing to stabilizing prices on the market; and implement the preferential trade policies for deep-lying, remote, mountainous areas, islands and areas inhabited by ethnic minority people according to the provisions of law.

1.9. Providing market information for enterprises of different economic sectors, and related State agencies.

2. Regarding the publicization, guidance and organization of the implementation of the commercial legislation :

2.1. Submitting to the provincial People’s Committees for issuance according to their competence documents concretizing the legal documents on commerce.

2.2. Issuing professional guidelines for trade activities in their respective provinces according to the provisions of law.

2.3. Proposing to the provincial People’s Committees and competent agencies to amend or supplement regulations related to trade activities.

2.4. Disseminating, guiding and educating the commercial legislation for traders in the provinces to ensure their strict compliance with the provisions of commercial legislation.

2.5. Assuming the prime responsibility and together with the related provincial services, departments and branches to provide guidance for rational and economical consumption.

2.6. Granting business licenses and certificates of business qualifications to traders who deal in goods and/or services subject to restricted and conditional business according to the provisions of law and the Governments assignment.

2.7. Effecting the registration of the setting up of representative offices and branches of Vietnamese traders in the provinces.

2.8. Effecting the registration of the operation of overseas representative offices and branches of trading enterprises headquartered in the provinces.

2.9. Effecting the registration of the operation of representative offices and branches of foreign traders in the provinces.

2.10. Performing the task of the State management over markets, supermarkets and trade centers according to the provisions of law.

2.11. Performing the task of the State management over trading cooperatives and trading services in the provinces according to the provisions of law.

2.12. Managing the trade promotion activities in the provinces:

a/ Considering and deciding the sale promotion by traders in the form of prize draw tickets.

b/ Effecting the registration of organization of trade fairs and/or exhibitions by producers and/or traders that directly organize trade fairs and/or exhibitions in the provinces.

c/ Approving the plans on organization of trade fairs and/or exhibitions in the provinces by traders dealing in trade fair and exhibition services.

d/ Supervising and inspecting the observance of the law provisions on sale promotion, commercial advertisements, trade fairs, trade exhibitions and handling the violations thereof in the provinces.

e/ Organizing and managing all types of trade promotion activities.

2.13. Performing the tasks assigned or authorized by the Ministry of Trade to the provincial Peoples Committees.

2.14. Performing other trade-related tasks assigned by the provincial Peoples Committees and prescribed by law.

3. Regarding the market inspection, supervision and control work

3.1. Directing their market inspection and control agencies according to the provisions of law.

3.2. Directing their market inspection and control agencies to coordinate with other functional forces in the provinces in the market inspection and control so as to discharge the tasks of combating smuggling and trading in smuggled goods, banned goods, fake goods, speculation and market manipulation, illegal business, trade frauds and other violations of the commercial legislation in the provinces.

3.3. Supervising and inspecting the law observance by representative offices and branches of Vietnamese and foreign traders in their respective provinces and handling violations according to the provisions of law.

3.4. Summing up the market inspection and control situation in the provinces.

3.5. Receiving and settling complaints and denunciations in the trade field in the provinces according to the provisions of law.

4. Regarding the work of State management over enterprises that have registered their trading business in the provinces:

4.1. For trading State enterprises over which the provincial Trade Services are assigned by the provincial People’s Committees to exercise the owners rights:

a/ Submitting to the provincial People’s Committees for decision the establishment, merger, dissolution, reorganization, contracting, leasing or equitization of these enterprises.

b/ Submitting to the provincial People’s Committees for decision and approval the objectives, tasks and orientations for annual production and business plans of these enterprises.

c/ Coordinating with the agencies that exercise the State management of enterprise finance in managing and using the enterprises capital and asset.

d/ Submitting to the provincial People’s Committees for decision the appointment or dismissal of directors, deputy directors and chief accountants of these enterprises.

e/ Coordinating with the competent agencies in supervising and inspecting these enterprises in the implementation of their salary and bonus plan.

f/ Supervising and inspecting the implementation of their annual production and business plans.

g/ Requesting these enterprises to abide by the regime of reporting on statistical data and the situation of trading activities according to the regulations of the General Department of Statistics and the Ministry of Trade.

4.2. For State enterprises conducting trading activities in the provinces, which are managed by other provincial specialized management Services

a/ The provincial Trade Services shall coordinate with the concerned branch- managing Services in submitting to the provincial People’s Committees for decision and approval the objectives, tasks and orientations for the enterprises annual business plans.

b/ Coordinating with the branch-managing Services in supervising and inspecting the implementation of annual business plans by enterprises.

c/ Requesting the enterprise to abide by the regime of reporting on the situation of trading activities according to the Trade Ministrys regulations.

4.3. For central enterprises based in the provinces and enterprises of other economic sectors, which have registered their trading business in the provinces:

Requesting these enterprises to abide by the regime of reporting on statistical data and the situation of trading activities according to the Trade Ministrys regulations.

5. Regarding the training work :

5. 1. Basing themselves on the trade development demand and trends in the provinces, to make the general planning and plans on training trade officials for the provinces.

5.2. Organizing the trainings and fosterings to improve the professional skills of officials and employees under their management and of trading enterprises of the provinces.

6. Directing and providing guidance on the professional work of State management over trade for trade management agencies of rural districts, provincial towns and cities and urban and rural districts of centrally-run cities.

7. Requesting other specialized management agencies under the provincial People’s Committees to provide information in relation to trading activities, organizations and individuals engaged in trading activities in the provinces, supply statistical data and report on the results of trading activities carried out by their own units.

8. Sending regular or irregular reports to the provincial People’s Committees and the Ministry of Trade according to the regulations of the General Department of Statistics and the Ministry of trade.

III. ORGANIZATION OF THE PROVINCIAL TRADE SERVICES

1. The organization and payroll of the provincial Trade Services shall be decided by the provincial Peoples Committee presidents at the proposal of their directors after having the evaluation opinion from the provincial Departments for Organization and Personnel. The arrangement of officials and public employees must be based on the titles and criteria of public servants prescribed by law.

2. Directors of the provincial Trade Services shall be appointed or dismissed by the provincial Peoples Committee presidents according to the professional criteria defined by the Minister of Trade.

3. The director of a provincial Trade Service is assisted by a number of deputy directors who are appointed or dismissed by the provincial Peoples Committee presidents at the proposal of the director of the provincial Trade Service and the director of the provincial Department for Organization and Personnel.

4. Organization of the provincial Trade Services

a/ A provincial Trade Service has the following advisory divisions:

- The Organization and Personnel-Administration and Inspection Division;

- The Planning-General Affairs and Trade Promotion Division;

- The Trade Management Division;

Particularly for the provincial Trade and Tourism Services, they also have the Tourism Management Division.

For centrally-run cities, apart from the above-mentioned advisory divisions, on the basis of the work requirements, contents and volume, they may set up other separate divisions such as the Division for Management of Representative Offices and Branches of Vietnamese and Foreign Traders, the Import and Export Management Division, the Information and Trade Promotion Center.

The directors of the provincial Trade Services shall define the functions, tasks and personnel of the advisory divisions of the Services.

b/ The market inspection and control bodies

The organization of the local specialized trade inspectorate shall be effected when the Government issues the regulations on the functions and tasks of the organizational system of the specialized trade inspectorate.

At present, the existing market control sub-departments are still maintained and attached to the provincial Trade Services.

The functions, tasks, powers and organization of the market control force comply with the Governments Decree No. 10-CP of January 23, 1995.

5. The directors of the provincial Trade Services decide the appointment and dismissal of the posts of chiefs and deputy chiefs of specialized divisions of the Services according to the procedures and order guided by the provincial People’s Committees.

B. TRADE MANAGEMENT AGENCIES IN URBAN AND RURAL DISTRICTS OF CENTRALLY-RUN CITIES, RURAL DISTRICTS, PROVINCIAL TOWNS AND CITIES (HEREINAFTER COLLECTIVELY REFERRED TO AS DISTRICTS)

I. THE TRADE MANAGEMENT AGENCIES IN THE DISTRICTS

1. The district-level trade management agencies, as part of the apparatus of the district Peoples Committees, have the task of assisting the district People’s Committees in performing their function of State management over trade in the districts.

2. The district-level trade management agencies submit to the direction and management by the district People’s Committees regarding their organization, payroll and work and also to the guidance and inspection by the provincial Trade Services regarding the trade-related mechanisms, policies, laws and professional matters.

II. TASKS OF THE DISTRICT TRADE MANAGEMENT AGENCIES

1. Assuming the prime responsibility for elaborating the general planning and plans on trade development in the districts.

2. Conducting by themselves or in coordination with the related market inspection and control agencies, the propagation and dissemination of the States laws and policies on trading activities.

3. Coordinating with the related market inspection and control agencies in supervising, inspecting and controlling trading activities in the districts.

4. Performing the tasks of State management over market activities according to assignment.

5. Performing other tasks, work programs and plans regarding trade according to the assignment by the district People’s Committees.

6. Sending regular or irregular reports to the district People’s Committees and the provincial Trade Services according to the regulations of the General Department of Statistics and the provincial Trade Services.

III. MODELS OF THE ORGANIZATION OF THE DISTRICT TRADE MANAGEMENT AGENCIES

Depending on the nature, characteristics, contents and volume of trading and tourism activities in the districts, the provincial People’s Committees shall decide the application of the following organizational model:

1. Districts of centrally-run cities as well as provincial towns and cities classified as cities of grade II or III shall set up Trade and Tourism Divisions;

2. Provincial towns other than those specified in Clause 1 of this Section, districts having a number of 2,000 traders or more shall set up Trade and Tourism Divisions.

3. Districts other than those specified in Clause 2 of this Section shall set up a section in charge of trade within a specialized division of the district Peoples Committee, or the district Peoples Committee reaches agreement with the directors of the provincial Trade Service on assigning some members of the market control force to perform the tasks of State management over trade in the districts mentioned in Section II, Part B of this Circular.

C. IMPLEMENTATION PROVISIONS

This Circular takes effect 15 days after its signing.

The provincial People’s Committee presidents shall base themselves on this Circular to direct the elaboration of plans on strengthening the organization and define concrete functions, tasks, powers, organization and payroll of the provincial Trade Services or Trade and Tourism Services and of the district-level trade management agencies.

This Joint Circular replaces Joint Circular No. 09-TT-LB of April 14, 1995 issued by the Ministry of Trade and the Government Commission for Organization and Personnel guiding the functions, tasks, powers and organization of State management over trade in localities.