This Decree stipulates the authority, order, procedures for performing tasks and powers of competent agencies and persons in the field of industry and trade as prescribed in laws, resolutions of the National Assembly , ordinances, resolutions of the National Assembly Standing Committee, decrees of the Government, and decisions of the Prime Minister that need to be adjusted to implement decentralization and delegation.
In particular, the Decree clearly states the provisions on decentralization and delegation in the fields of oil and gas; chemicals; trade promotion; tobacco and alcohol trading; industrial explosives, explosive precursors; electrical safety; occupational safety and hygiene; trade, import and export; electricity; protection of consumer rights. Decentralization and delegation of authority in the field of economical and efficient use of energy.
Decentralization in the fields of petroleum trading; gas trading; market development and management; purchase and sale of goods and activities directly related to the purchase and sale of goods of foreign investors, economic organizations with foreign investment capital in Vietnam and representative offices and branches of foreign traders in Vietnam; food safety; product and goods quality; e-commerce; industrial promotion; mineral trading; development of supporting industries; automobiles.
Decentralization in the field of e-commerce
Decree stipulating the decentralization of tasks and powers of the Prime Minister in Decree No. 52/2013/ND-CP dated May 16, 2013 of the Government on e-commerce, amended and supplemented by Decree No. 08/2018/ND-CP and Decree No. 85/2021/ND-CP dated September 25, 2021 of the Government amending and supplementing a number of articles of Decree No. 52/2013/ND-CP dated May 16, 2013 of the Government on e-commerce (Decree No. 52/2013/ND-CP) as follows:
1. The Prime Minister's duties and powers regarding regulations on participants, scope of application, management mechanism, and funding support of the National E-commerce Development Program as prescribed in Clause 3, Article 7 of Decree No. 52/2013/ND-CP shall be implemented by the Minister of Industry and Trade.
2. The tasks and powers of the Ministry of Industry and Trade regarding receiving procedures for notification of e-commerce websites for sale as prescribed in Clause 1, Article 53 of Decree No. 52/2013/ND-CP are performed by the People's Committees of the provinces.
3. The tasks and powers of the Ministry of Industry and Trade regarding receiving procedures for notification of e-commerce sales applications as prescribed in Clause 3, Article 25 of Decree No. 52/2013/ND-CP are performed by the Provincial People's Committee.
4. The tasks and powers of the Ministry of Industry and Trade regarding receiving registration procedures for credit assessment activities of e-commerce websites are stipulated in Article 60 of Decree No. 52/2013/ND-CP and are implemented by the Provincial People's Committee.
5. The tasks and powers of the Ministry of Industry and Trade regarding consulting the Ministry of Public Security on national security in the process of requesting the issuance or adjustment of Business Licenses as prescribed in Clause 5, Article 67c of Decree No. 52/2013/ND-CP shall be implemented by the Provincial People's Committee.
Decentralization in the field of consumer protection
In the Decree, the Government decentralizes the tasks and powers of the Ministry of Industry and Trade in Decree No. 55/2024/ND-CP dated May 16, 2024 of the Government detailing a number of articles of the Law on Consumer Protection:
The tasks and powers of the Ministry of Industry and Trade in receiving contract registration dossiers according to the form and general transaction conditions prescribed in Clause 1, Article 7 of Decree No. 55/2024/ND-CP are performed by the Provincial People's Committee.
The tasks and powers of the Ministry of Industry and Trade in receiving notifications from business organizations and individuals about the registration status and application of standard contracts and general transaction conditions as prescribed in Clause 3, Article 7 of Decree No. 55/2024/ND-CP are implemented by the People's Committees of the provinces.
In addition, the Government also decentralizes the tasks and powers of the Ministry of Industry and Trade in Decree No. 40/2018/ND-CP dated March 12, 2018 of the Government on management of multi-level marketing activities, amended and supplemented by Decree No. 03/2023/ND-CP dated February 10, 2023 of the Government stipulating the functions, tasks, powers and organizational structure of the National Competition Commission and Decree No. 18/2023/ND-CP dated April 28, 2023 of the Government amending and supplementing a number of articles of Decree No. 40/2018/ND-CP dated March 12, 2018 of the Government on management of multi-level marketing activities (Decree No. 40/2018/ND-CP) as follows:
The tasks and powers of the Ministry of Industry and Trade in handling procedures for notification of termination of multi-level sales as prescribed in Article 18 of Decree No. 40/2018/ND-CP are performed by the People's Committees of the provinces.
The tasks and powers of the Ministry of Industry and Trade regarding the recognition of legal knowledge training programs on multi-level sales as prescribed in Clause 2, Article 35 and Clauses 1, 2, and 3, Article 36 of Decree No. 40/2018/ND-CP are implemented by the People's Committees of the provinces.
The tasks and powers of the Ministry of Industry and Trade in inspecting and supervising the activities of multi-level marketing legal knowledge training facilities prescribed in Clause 3, Article 37 of Decree No. 40/2018/ND-CP are performed by the Provincial People's Committee.
The tasks and powers of the Ministry of Industry and Trade in inspecting, granting and revoking the confirmation of legal knowledge on multi-level sales as prescribed in Articles 38 and 39 of Decree No. 40/2018/ND-CP are performed by the People's Committees of the provinces.
The tasks and powers of the Ministry of Industry and Trade in inspecting, granting and revoking knowledge certification for local focal points as prescribed in Articles 38 and 39 of Decree No. 40/2018/ND-CP are performed by the People's Committees of the provinces.
Source: https://phunuvietnam.vn/quy-dinh-ve-phan-quyen-phan-cap-trong-linh-vuc-cong-nghiep-va-thuong-mai-20250613005651943.htm
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