Thông tư 37/2025/TT-BCT quyền hạn cơ quan chuyên môn công thương Ủy ban nhân dân tỉnh

CIRCULAR

PROVIDING GUIDANCE ON FUNCTIONS, TASKS, POWERS OF SPECIALIZED INDUSTRY AND TRADE AGENCIES AFFILIATED TO PEOPLE'S COMMITTEES OF PROVINCES AND CENTRAL-AFFILIATED CITIES AND PEOPLE'S COMMITTEES OF COMMUNES, WARDS AND SPECIAL ADMINISTRATIVE REGIONS OF  PROVINCES AND CENTRAL-AFFILIATED CITIES

Pursuant to the Government's Decree No. 40/2025/ND-CP dated February 26, 2025 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade of Vietnam;

Pursuant to the Government’s Decree No. 150/2025/ND-CP dated June 12, 2025 prescribing organization of specialized agencies affiliated to People’s Committees of provinces and central-affiliated cities and People’s Committees of communes, wards and special administrative regions of provinces and central-affiliated cities;

At the request of the Head of the Department of Personnel and Organization;

The Minister of Industry and Trade of Vietnam promulgates a Circular providing guidance on functions, tasks, powers of specialized industry and trade agencies affiliated to People's Committees of provinces and central-affiliated cities (hereinafter referred to as “provincial level”) and people's committees of communes, wards and special administrative regions of provinces and central-affiliated cities (hereinafter referred to as “communal level”).

Chapter I

GENERAL PROVISIONS

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This Circular provides guidance on functions, tasks and powers of specialized industry and trade agencies affiliated to People's Committees of provinces and central-affiliated cities (hereinafter referred to as “provincial level”) and People's Committees of communes, wards and special administrative regions of provinces and central-affiliated cities (hereinafter referred to as “communal level”).

Article 2. Regulated entities 

1. Specialized industry and trade agencies affiliated to provincial-level People's Committees (hereinafter referred to as “provincial-level Departments of Industry and Trade”);

2. Specialized industry and trade agencies affiliated to communal-level People's Committees (Economic Divisions, for communes and special administrative regions or Economic, Infrastructure and Urban Divisions, for wards and Phu Quoc special administrative region).

3. Relevant authorities and organizations.

Chapter II

PROVINCIAL-LEVEL DEPARTMENTS OF INDUSTRY AND TRADE

Article 3. Position and functions

1. Provincial-level Departments of Industry and Trade are specialized agencies affiliated to provincial-level People's Committees; take charge of advising and assisting provincial-level People's Committees to perform the state management of industry and trade, including the following fields and sectors: mechanical engineering; metallurgy; electricity; new energy; renewable energy; economical and efficiency use of energy; petroleum; chemicals; industrial explosive materials; mineral mining and processing industry (except common building materials and cement production); consumer industry; food industry; supporting industries; environment industry; other processing industries; cottage industry; industry promotion; commercial activities and sale of goods in their provinces or cities; sustainable production and consumption; import, export; market management; border trade (for border provinces); logistics services; trade promotion; e-commerce; commercial services; competition management; protection of consumer rights and multi-level marketing management; trade remedies; international economic integration; industrial clusters located in their provinces or cities.

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Article 4. Tasks and powers

1. Perform tasks and powers as prescribed in Article 4 of Decree No. 150/2025/ND-CP prescribing organization of specialized agencies affiliated to People’s Committees of provinces and central-affiliated cities and People’s Committees of communes, wards and special administrative regions of provinces and central-affiliated cities.

2. Take charge of organizing performance of state management tasks according to their position and functions defined in clause 1 Article 3 hereof and as devolved or delegated in the following industry and trade fields:

a) Energy, including: electricity, coal, oil and gas, new energy, renewable energy and other energy

b) Chemicals and industrial explosive materials

c) Heavy industry and light industry; food safety

d) Industrial extension, industrial clusters and cottage industry clusters

dd) Industrial engineering safety; environmental protection in the Industry and Trade branch

e) Tasks relating to management of investment in and construction of works specialized in the construction sector within the scope of their management in accordance with regulations of law on construction.

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h) Import and export; logistics services

i) Trade remedies

k) E-commerce and digital economy

l) Competition management and protection of consumer rights, multi-level marketing management

m) Performance of state management of prices in the fields under and within the scope of their management in accordance with regulations of law.

n) Trade promotion

o) International economic integration; foreign market expansion, regional and bilateral cooperation

p) Performing state management of investment activities and commercial presences of foreign service providers and foreign investors in Vietnam in the industry and trade sector in accordance with the law regulations

q) Issuance, re-issuance, modification, revocation and renewal of licenses, certifications, confirmations and other documents in accordance with regulations of law within the scope of their state management in industry and trade sector

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s) Carrying out international cooperation in the industry and trade sector; developing industrial and trade cooperation activities with international organizations; establishing business relationships with multinational companies; receiving and managing the use of ODA funds and technical assistance of foreign countries in industry and trade field in accordance with regulations of law. 

t) Science, technology and innovation; green transition, economical and efficient use of energy, sustainable development, sustainable production and consumption, response to climate change in the Industry and Trade branch

u) Public services

v) Playing the leading role in resolving investment disputes under contracts, agreements and commitments that provincial-level Departments of Industry and Trade have taken charge of, or acted on behalf of the State or Government of Vietnam to conduct, negotiation and conclusion with foreign investors.

x) Performing state management of statistics, analysis and statistical forecasting in the Industry and Trade branch; collecting and consolidating information on national statistical indicators in accordance with the Law on Statistics; implementing national statistical investigation programs within the jurisdiction of the Ministry of Industry and Trade of Vietnam as defined in the Law on Statistics and the Prime Minister’s decision; formulating and organizing the implementation of statistical investigation programs of the Industry and Trade branch.

y) Playing the leading role and cooperating with relevant agencies in including measures for mining and use of group-I minerals in provincial plannings, and organizing implementation of mineral plannings after they are approved by competent authorities.

Chapter III

SPECIALIZED INDUSTRY AND TRADE AGENCIES AFFILIATED TO COMMUNAL-LEVEL PEOPLE'S COMMITTEES

Article 5. Position and functions

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2. Economic Divisions or Economic, Infrastructure and Urban Divisions operate under the direct direction and management of communal-level People's Committees in terms of organizational apparatus, job positions, payroll and structure of officials, quantity and structure of public employees according to job titles in public service units and their performance of tasks, and follow specialized and professional direction, inspection and guidance of Provincial-level Departments of Industry and Trade.

Article 6. Tasks and powers

1. Submit the following documents to communal-level People's Committees: Draft Resolutions of communal-level People's Councils (if any), draft decisions of communal-level People's Committees on the industry and trade fields and sectors under their management; programs and measures for performance of state administrative reform tasks in industry and trade sector.

2. Submit the following documents to Chairpersons of communal-level People's Committees: draft decisions and other documents falling within the promulgating authority of Chairpersons of communal-level People's Committees as assigned.

3. Organize, provide instructions on and take charge of implementation of policies for encouraging collective and private economic organizations to make investment in industrial and trade development, production and business expansion, as well as circulation of goods in their localities; organize provision of technology transfer consulting services, information provision, trade promotion and training in human resources for manufacturers and traders in the fields under their assigned management; Implement trade promotion programs/plans, build and develop local brands as assigned by competent authorities.

4. Advise and assist communal-level People's Committees to perform state management of industrial clusters in their localities in accordance with the Government's regulations on management and development of industrial clusters and other relevant regulations of law.

Advise and assist communal-level People's Committees to perform supporting tasks for development of small- and medium-sized enterprises (SMEs) in industrial and cottage industry fields; organize activities to develop cottage industry, industrial and cottage industry villages in their localities in accordance with regulations of law.

5. Play the leading role and advise communal-level People's Committees to formulate industry promotion plans in conformity with regulations of law and specific conditions of each locality, and submit them to competent authorities for promulgation; provide advice for competent authorities about providing state budget-derived funding for performing industry promotion activities in their localities.

6. Provide advice for communal-level People's Committees about performing state management of protection of consumer rights accordance with the law regulations.

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8. Assist communal-level People's Committees in carrying out, and assume responsibility for, appraisal and approval for procedures for operation of 01-commune scale hydroelectric reservoirs, emergency response plans for 01-commune scale hydroelectric reservoirs, plans for protection of 01-commune scale hydroelectric reservoirs and dams falling under jurisdiction of specialized agencies as prescribed by law and as assigned, delegated or authorized by communal-level People's Committees.

9. Disseminate regulations on prices of electricity sold to students and workers who are house lessees; conduct and submit reports on periodical inspection of implementation of such regulations on electricity prices by house lessors in localities under their management as prescribed, and take actions against any violations detected.

10. Organize implementation of legislative documents, plannings and plans after they are approved; disseminate information and educate on regulations of law on industry and trade; monitor the implementation of such regulations of law on industry and trade.

11. Assist communal-level People's Committees in carrying out, and assume responsibility for, appraisal of applications and issuance of licenses falling within the scope of responsibility and jurisdiction of specialized agencies as prescribed by law and as assigned, delegated or authorized by communal-level People's Committees.

12. Assist communal-level People's Committees in performing state management of collective and private economic organizations, associations and non-governmental organizations operating in the industry and trade sector in their localities in accordance with regulations of law.

13. Organize application of science and technology advances; build information and archiving systems to serve the state performance and professional operations of Economic Divisions or Economic, Infrastructure and Urban Divisions.

14. Provide information and submit reports on a periodical and ad-hoc basis on the performance of assigned tasks in accordance with regulations adopted by communal-level People's Committees and provincial-level Departments of Industry and Trade.

15. Monitor and inspect the implementation of regulations of law on industry and trade by organizations and individuals; perform citizen reception tasks, and settle complaints and denunciations; perform anti-corruption and anti-wastefulness tasks in accordance with regulations of law and as assigned by communal-level People's Committees.

16. Manage organizational apparatus, job positions, payroll and structure of officials, implementation of salary regimes, policies and regimes on preferential treatment, commendation and reward, disciplinary actions, training and advanced training for officials under their management in accordance with regulations of law and as assigned by communal-level People's Committees.

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18. Perform other tasks and powers as delegated, authorized or devolved by competent authorities in accordance with regulations of law.

19. Perform other tasks assigned by communal-level People's Committees and as prescribed by law.

Chapter IV

IMPLEMENTATION

Article 7. Effect

1. This Circular comes into force from July 01, 2025.

2. This Circular supersedes the Circular No. 04/2022/TT-BCT dated January 28, 2022 of the Minister of Industry and Trade of Vietnam providing guidance on functions, tasks and powers of specialized industry and trade agencies affiliated to People’s Committees of provinces and central-affiliated cities and People’s Committees of urban/rural districts, district-level towns, cities affiliated to provinces and central-affiliated cities, and the Circular No. 15/2023/TT-BCT dated June 30, 2023 providing amendments to some Circulars of the Minister of Industry and Trade of Vietnam providing guidance on functions, tasks and powers of provincial-level Departments of Industry and Trade.

Article 8. Responsibility for implementation

1. Provincial-level People’s Committees and their Chairpersons; communal-level People’s Committees and their Chairpersons shall direct and organize the implementation of this Circular.

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MINISTER




Nguyen Dong Dien