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THE
GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
95-CP
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Hanoi, December 4, 1993
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DECREE
ON
THE FUNCTIONS, DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF
TRADE
THE GOVERNMENT
- Pursuant to the Law on
Organization of the Government dated September30, 1992 ;
- Pursuant to Government Decree No.15-CP dated March 2, 1993 on duties,powers
and responsibilities for exercising State management of the ministries
andministerial-level offices ;
- In consideration of the proposals of the Minister of Trade and
theMinister-Head of the Government's Committee on Organization and Personnel,
DECREES:
Article 1. The Ministry
of Trade is a Government agency whichexercises State management over trade
activities (which consist of export, import, tradingin materials and consumer
goods and providing commercial services) affiliated to anyeconomic sectors in
the whole country, including commercial activities of the foreignorganizations
and individuals which are permitted to operate in Vietnam.
Article 2. The Ministry
of Trade shall implement the duties, powersand State management
responsibilities of the Ministries and Ministerial-level offices asstipulated
in Government Decree No.15-CP dated March 2, 1993. They are:
1. Drafting regulations on
management of export/import activities to besubmitted to the Government for
promulgation and promulgating the same in accordance withits authority. They
are comprised of :
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- Granting export/import permits
to joint ventures with foreigners inaccordance with the Law on Investment;
- Exercising State management
over consultative and intermediaryactivities, trade fairs and advertisements,
goods display and other commercial promotionsinside and outside the country;
- Coordinating with the
concerned agencies in reviewing and grantingapproval of projects for indirect
trade investments;
- Considering and giving
permission to Vietnamese economicorganizations to appoint their representatives
to, or establish companies and branches inforeign countries, or join
international economic organizations;
- Considering and giving permission
to foreign economic organizationsto establish their representative offices,
companies or branches in Vietnam;
- Exercising management over and
giving professional advise toVietnamese trade or economic representative
offices abroad.
2. Drafting regulations on
management of commercial operations andservices in the country, as well as
plans and policies on commercial developmentapplicable to mountainous, highland
and ethnic minority areas to be submitted to theGovernment for promulgation or
promulgating the same in accordance with its authority.
3. Organizing and directing the
implementation of plans on scientificresearch, application of scientific and
technological advances to the commercialactivities.
4. Receiving, processing and
providing all information relating toeconomic and commercial activities from
inside and outside the country to assist in thedirections of the Government and
economic organizations.
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6. Providing professional
guidance and direction to the local officeswhich exercise State management over
commercial activities.
Article 3. The
organizational structure of the Ministry of Trade iscomposed of :
I. BODIES ASSISTING THE
MINISTER IN EXERCISING STATE MANAGEMENT :
1. The Department for Export and
Import ;
2. The Department for Planning
and Statistics ;
3. The Department for Investment
;
4. The Trade Policy Department
for Mountainous Market ;
5. The Trade Policy Department
for Urban and Rural markets ;
6. The Department for Market
Management ;
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8. The Trade Policy Department
for European, American Markets andInternational Economic Organizations
(Department II for short) ;
9. The Trade Policy Department
for Africa, South - West Asia and theMiddle - East (Department III for short) ;
10. The Scientific Department ;
11. The Legal Department ;
12. The Department for
Finance-Accounting ;
13. The Department for
Organization-Personnel ;
14. The Inspection Board ;
15. The Ministry's Office ;
16. The Department for Quality
Control of Goods and Measurement ;
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II. NON-PROFIT BODIES UNDER
THE MINISTRY:
1. The Institute of Trade and Economy;
2. The Institute for External
Economic Relation ;
3. A list of other non-profit
units (in the attached appendix) whichare
re-organized by the Minister of
Trade shall be submitted to the PrimeMinister of the Government for decision
after being advised in writing by the relevantagencies and appraised by the
Government's Committee on Organization and Personnel.
III. Regarding the
State-owned enterprises under the Ministry, theMinistry shall be responsible to
re-arrange them in accordance with Decree No.388 - HDBTdated 20 November 1991
by the Council of Ministers and to submit the same to the PrimeMinister of the
Government for decision.
The Minister of Trade shall
specify duties, rights and specificquantity of staff of the units under the
Ministry on the basis of the total quantity ofstaff of the Ministry which have
been approved.
Article 4. The Ministry
of Trade shall be lead by the Minister whois assisted by the Vice Ministers.
The Minister of Trade shall
report to the National Assembly and thePrime Minister of the Government for all
activities of the Ministry. The Vice Ministersshall report to the Minister for
their assigned tasks.
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Article 6. The Minister
of Trade, other ministers, the heads of theministerial-level agencies and other
offices under the Government and the presidents ofthe People's Committees of
the provinces and centrally-ruled cities are responsible forthe implementation
of this Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Vo Van Kiet
(This translation is for reference only)