Decree No. 199/2013/ND-CP defining the functions, tasks and organizational structure of the Ministry of Agriculture and Rural Development

Article 1. Position and functions 4. To approve development strategies, master plans and programs in the sectors The Ministry of Agriculture and Rural and fields under its state management as Development is a governmental agency decentralized or authorized by the Government performing the state management in the or the Prime Minister. following sectors and fields: agriculture, IRUHVWU\ VDOW SURGXFWLRQ ¿VKHULHV LUULJDWLRQ 5. To promulgate circulars, decisions, and rural development throughout the country; directives, national technical regulations, and the state management of public services in processes, rules, and econo-technical norms; to WKHVHFWRUVDQG¿HOGVXQGHULWVPDQDJHPHQW formulate national standards for the management RIWKHVHFWRUVDQG¿HOGVXQGHUWKH0LQLVWU\¶V

Article 2. Tasks and powers state management in accordance with law; to The Ministry of Agriculture and Rural guide and inspect the implementation of these Development shall perform the tasks and documents. H[HUFLVHWKHSRZHUVGH¿QHGLQWKH*RYHUQPHQW¶V 6. To announce, direct, guide, examine, Decree No. 36/2012/ND-CP of April 18, 2012, inspect, evaluate, review, report and take © Vietnam Law & Legal Forum Issue nos 04-05/December 2013 41 (Công Báo nos 897-898/December 12, 2013) responsibility for, the implementation of development of centralized farming and mechanisms, policies, strategies, master plans husbandry areas and areas for production and plans under its state management after they of safe agricultural products; plans on use, are approved; to conduct law dissemination protection and improvement of agricultural DQGHGXFDWLRQLQWKHVHFWRUVDQG¿HOGVXQGHU soil fertility; and plans on prevention of soil its state management erosion, desertization and landslide; 7. To examine legal documents promulgated b/ To direct and guide the use of budgets by ministries or provincial-level People’s for programs on preventing, controlling, and Councils or People’s Committees related to remedying consequences of, animal and plant WKHVHFWRUVRU¿HOGVXQGHUWKH0LQLVWU\¶VVWDWH epidemics; management; if these legal documents are c/ To direct the structure of plant varieties contrary to legal documents in the sectors or and animal breeds; to guide farming, husbandry, ¿HOGVXQGHUWKH0LQLVWU\¶VVWDWHPDQDJHPHQW harvesting and preservation techniques, and to handle them in accordance with the law. RUJDQL]H WKH ¿QDO UHYLHZ DQG HYDOXDWLRQ RI 8. Regarding management of investment the implementation of annual cultivation and and construction husbandry plans; a/ To perform the state management of d/ To direct the state management of investment and construction in the sectors and agricultural plant varieties, agricultural animal ¿HOGVXQGHUWKH0LQLVWU\¶VVWDWHPDQDJHPHQWLQ breeds, fertilizers and animal feed, plant accordance with law; to appraise the contents protection and quarantine, and animal health of pre-feasibility study reports and feasibility in accordance with law. study reports on programs or projects in 10. Regarding forestry: the sectors and fields under the Ministry’s a/ To direct, guide and inspect the state management; to approve or decide on implementation of the Government’s and investment in projects under the Ministry’s the Prime Minister’s regulations on forestry competence in accordance with law; development mechanisms and policies; forest b/ To guide, examine, inspect, supervise and management regulations; regulations on assess investment and construction programs management and protection of endangered and or projects under the Ministry’s competence UDUHDQGSUHFLRXVIRUHVWIDXQDDQGÀRUDVSHFLHV in accordance with law; and a list of these species in accordance with c/ To generally supervise and assess law; LQYHVWPHQW LQ WKH VHFWRUV DQG ¿HOGV XQGHU WKH To assume the prime responsibility for, and Ministry’s state management in accordance with coordinate with related ministries and sectors, law. in managing special-use forests, and protecting 9. Regarding agriculture (cultivation, the forest ecosystem and forest organisms in husbandry): accordance with law; a/ To direct the formulation and inspect To submit to the Prime Minister for decision the implementation of master plans on a master plan on the system of protection © Vietnam Law & Legal Forum 42 Issue nos 04-05/December 2013 (Công Báo nos 897-898/December 12, 2013) forests and special-use forests of national or of fisheries resources; and regulations on inter-provincial importance and the change of management, exploitation, protection and their use purposes; GHYHORSPHQWRI¿VKHULHVUHVRXUFHVDIWHUWKH\ b/ To direct, guide and inspect combined are approved by competent authorities; IRUHVWU\DJULFXOWXUDO¿VKHULHV SURGXFWLRQ LQ d/ To direct, guide and inspect the protection forests; implementation of master plans on concentrated c/ To direct the implementation of the policy aquaculture zones; and prevention and on payment for forest environment services in eradication of aquatic resource epidemics and accordance with law; diseases; d/ To direct the performance of the dd/ To provide a list of aquatic species state management of forest management, which need to be conserved, protected or re- development, protection and use; exploitation generated; measures for protecting aquatic bio- and processing of forest products; and forest systems and conserving gene funds and aquatic plant varieties in accordance with the forest biodiversity in accordance with law; protection and development law. e/ To perform the state management of 11. Regarding salt production: WKH ¿VKHULHV UHVRXUFHV VXUYHLOODQFH IRUFH LQ accordance with the law; a/ To direct, guide and inspect production DQGKDUYHVWLQJWHFKQLTXHVDQGFRQGXFWWKH¿QDO g/ To direct the performance of the state review and evaluation of the implementation of PDQDJHPHQWRI¿VKHU\DFWLYLWLHVLQDFFRUGDQFH annual production plans; ZLWKWKH¿VKHULHVODZ b/ To promulgate, and inspect the 13. Regarding irrigation: implementation of, national technical a/ To perform the state management of anti- regulations (excluding medical salt) and ÀRRGPDVWHUSODQVRIGLNHGULYHUVGLNHPDVWHU processes on the production and processing of plans, dike construction, repair, upgrading and salt and salt products; VROLGL¿FDWLRQLQYHVWPHQWGLNHPDQDJHPHQWDQG 5HJDUGLQJ¿VKHULHV protection, and dike maintenance and use under a/ To direct and guide the implementation the Law on Dikes in accordance with law; of mechanisms and policies on fisheries b/ To perform the state management of development after they are decided by competent natural disaster prevention and control under authorities; the Law on Dikes, the Law on Natural Disaster b/ To direct, guide and inspect the Prevention and Control, and other relevant implementation of regulations on management laws; of marine conservation zones and inland water c/ To perform the state management of the FRQVHUYDWLRQ]RQHVUHODWHGWR¿VKHULHVUHVRXUFHV exploitation and protection of irrigation works as assigned by the Government; in accordance with law; c/ To guide and inspect provinces and d/ To direct, guide and inspect the centrally run cities in implementing master plans implementation of strategies and master plans on exploitation, protection and development on irrigation and strategies on prevention, © Vietnam Law & Legal Forum Issue nos 04-05/December 2013 43 (Công Báo nos 897-898/December 12, 2013) control and mitigation of natural disasters after b/ To synthesize and submit to the Prime they are approved by the Government; Minister for approval economic restructuring dd/ To direct, guide and inspect the plans, integrated rural development programs formulation, approval and implementation and strategies on development of rural craft of master plans on irrigation for agriculture villages in association with households and and for multiple socio-economic purposes in cooperatives in communes; accordance with law; c/ To assume the prime responsibility for, guide e/ To approve master plans on irrigation and and inspect of the implementation of population rural clean water supply related to two or more distribution and resettlement of inhabitants provinces, systems of irrigation works, and affected by irrigation and hydroelectricity works; technically complex or large irrigation works population distribution and resettlement of and irrigation works within a province to serve inhabitants in natural disaster-prone and special ÀRRGSUHYHQWLRQDQGFRPEDWLQXQGDWLRQZDWHU GLI¿FXOW\KLW DUHDV ERUGHU DUHDV RQ LVODQGV supply, drought and salinization prevention in areas of sea level rise caused by climate and combat, soil improvement, river bank and change, areas inhabited by free migrants, and coastal landslide and rural water supply and important and very important areas of protective forests and special-use forests; to direct, guide drainage in accordance with law; and inspect the implementation of sedentary g/ To direct, guide and inspect the approval farming, migration, and resettlement work in of provincial strategies on irrigation, the rural areas and ethnic minority and mountainous system of irrigation works, clean water and areas according to national socio-economic rural environmental sanitation in accordance development master plans; with law; d/ To implement programs and projects on h/ To direct, guide and inspect the elaboration construction of rural infrastructure works as of plans on construction, management, assigned by the Government. exploitation, use and protection of rural water 15. Regarding enterprises, cooperatives and supply and drainage works; other collective and private economic forms: i/ To perform of the state management a/ To submit to the Government for of dam safety and irrigation reservoirs in promulgation mechanisms and policies to accordance with law; to perform the tasks under encourage and support household economy, the Ministry’s state management as prescribed farm conomy and cooperative economy in the in the Law on Water Resources and other VHFWRUV DQG ¿HOGV XQGHU WKH 0LQLVWU\¶V VWDWH relevant laws. management; 14. Regarding rural development: To coordinate with the Ministry of Planning a/ To direct and organize the implementation and Investment and related ministries and of the national target programs on building a sectors in formulating mechanisms and policies new countryside; and hunger eradication and to encourage, support and set orientations for poverty alleviation programs and projects as the development of enterprises investing in assigned by the Government; agriculture and rural areas. © Vietnam Law & Legal Forum 44 Issue nos 04-05/December 2013 (Công Báo nos 897-898/December 12, 2013) b/ To guide and inspect the implementation 18. Regarding science and technology: of regulations on conditional production D7RGLUHFWVFLHQWL¿FUHVHDUFKDQGWHFKQRORJ\ and business lines on the list publicized by GHYHORSPHQWLQWKHVHFWRUVDQG¿HOGVXQGHUWKH the Government, and handle violations in Ministry’s state management; mechanisms accordance with its competence; and policies on agriculture, farmers and c/ To exercise the rights and perform countryside; the responsibilities and obligations of the b/ To direct the performance of the state state owner toward state-owned single- management of high technology in agriculture member limited liability companies and state in accordance with the high technology law. capital invested in other enterprises organized 19. To direct the performance of the state and operating under the Enterprise Law as management of agriculture extension activities assigned or decentralized by the Government in accordance with the agriculture extension in accordance with law. law. 16. Regarding processing, preservation and 20. To direct the performance of the state transport of and trading in agricultural, forest, management of food quality and safety for ¿VKHU\DQGVDOWSURGXFWV DJULFXOWXUDO IRUHVW ¿VKHU\ DQG VDOW SURGXFWV a/ To direct, guide and inspect the under the Food Safety Law, the Product implementation of master plans, programs, and Goods Quality Law, the Standards and mechanisms and policies on development of Technical Regulations Law in accordance the processing industry in combination with with law. production activities and the commodity 21. Regarding environmental protection, markets under the Ministry’s state management; climate change and biodiversity: and policies on development of agricultural mechanical engineering, rural trades and a/ To direct the performance of the state craft villages in association with households management of environmental protection for and cooperatives after they are approved by production, trading and service provision in competent authorities; the sectors and fields under the Ministry’s management in accordance with law; b/ To direct, guide, inspect and evaluate the development of the processing industry, b/ To direct the performance of the state mechanical engineering, rural trades and craft management of biodiversity and biology safety villages and post-harvest preservation activities LQWKHVHFWRUVDQG¿HOGVXQGHUWKH0LQLVWU\¶V under the Ministry’s state management; state management; c/ To guide the transport, import and export c/ To direct and deploy the response to of goods subject to specialized management climate change and sea level rise under the of agriculture, forestry, fishery and salt Ministry’s state management as assigned by production. the Government or the Prime Minister. 17. To manage national reserves of plant 22. To direct, guide and organize trade or varieties, pesticides, veterinary drugs and other investment promotion activities in the sectors goods as assigned by the Government. DQG¿HOGVXQGHULWVVWDWHPDQDJHPHQW © Vietnam Law & Legal Forum Issue nos 04-05/December 2013 45 (Công Báo nos 897-898/December 12, 2013) 23. To inspect the technical safety of 28. To manage its apparatus and payroll of machinery, equipment, supplies and substances civil servants, working positions and number subject to strict labor safety requirements in of public employees; to implement the salary the sectors and fields under the Ministry’s regime and regimes and policies on preferential management in accordance with law. treatment, commendation and disciplining of 24. To carry out international cooperation and civil servants and public employees under its global economic integration in the sectors and management under the Law on Cadres and Civil ¿HOGVXQGHUWKH0LQLVWU\¶VVWDWHPDQDJHPHQW Servants and the Law on Public Employees in in accordance with law. accordance with law. 2 5 . To d e c i d e o n , a n d d i r e c t t h e 29. To manage emulation and commendation implementation of, its administrative reform work in accordance with law. program in line with the objectives and contents 30. To examine, inspect and settle complaints of the state administrative reform program and denunciations, prevent and combat corrupt approved by the Prime Minister; to propose and negative practices, and handle violations or decide on decentralization of the state LQUHODWHGVHFWRUVRU¿HOGVLQDFFRUGDQFHZLWK PDQDJHPHQWRIVHFWRUVDQG¿HOGVDFFRUGLQJWR law. its competence. 31. To manage information technology 26. Regarding management of organization and statistics under its state management as and provision of public services: prescribed in the Information Technology Law, a/ To submit to the Government for Statistics Law in accordance with law. promulgation mechanisms and policies on 7RPDQDJHDOORFDWHG¿QDQFHDVVHWVDQG provision of public services; and on the other resources, and organize the implementation socialization of the provision of public services of allocated budgets in accordance with law. LQWKHVHFWRUVDQG¿HOGVXQGHUWKH0LQLVWU\¶V 33. To act as a national standing body for state management; ÀRRGDQGVWRUPSUHYHQWLRQDQGFRQWUROIRUHVW b/ To submit to the Prime Minister a master protection and development plans; building plan on the network of non-business and public- of a new countryside; clean water and rural service organizations; environmental sanitation; anti-desertization; c/ To guide the implementation of policies and management of international trading of and laws, and support public non-business endangered, rare and precious forest fauna and VHUYLFHSURYLGHUVLQWKHVHFWRUVDQG¿HOGVXQGHU ÀRUDVSHFLHVDQGSUHYHQWLRQDQGFRPEDWRIFDWWOH the Ministry’s state management in accordance and poultry diseases in accordance with law. with law. 34. To perform other tasks and exercise 27. To perform the state management other powers assigned by the Government or of associations and non-governmental the Prime Minister, or prescribed by law. RUJDQL]DWLRQVRSHUDWLQJLQWKHVHFWRUVRU¿HOGV under the Ministry’s state management in Article 3. Organizational structure accordance with law. 1. The Planning Department. © Vietnam Law & Legal Forum 46 Issue nos 04-05/December 2013 (Công Báo nos 897-898/December 12, 2013) 2. The Finance Department. 26. The Agriculture and Rural Development 3. The Science, Technology and Environment Magazine. Department. The units referred to in Clauses 1 thru 20 4. The International Cooperation shall assist the Minister in performing the state Department. management function; the units referred to in Clauses 21 thru 26 are public non-business 5. The Legal Affairs Department. units serving the Ministry’s state management 6. The Organization and Personnel function. Department. The Minister of Agriculture and Rural 7. The Enterprise Management Department. Development shall submit to the Prime Minister 7KH2I¿FH regulations on the functions, tasks, powers 9. The Inspectorate. and organizational structures of the Water 10. The Cultivation Department. Resources Directorate, the Forestry Directorate and the Fisheries Directorate; and promulgate a 11. The Plant Protection Department. list of other public non-business units attached 12. The Husbandry Department. to the Ministry. 13. The Animal Health Department. The Minister of Agriculture and Rural 14. The Department for Processing of 'HYHORSPHQWVKDOOGH¿QHWKHIXQFWLRQVWDVNV Agricultural, Forest and Fishery Products and powers and organizational structures of units Salt Production. attached to the Ministry, except the units 15. The Department for Management of referred to in Clauses 18, 19 and 20 of this Work Construction. Article. 16. The Department for Cooperative The Organization and Personnel Department Economy and Rural Development. may organize 6 divisions; the Science, Technology and Environment Department, 5; 17. The National Agro-Forestry-Fisheries the International Cooperation Department, 4. Quality Assurance Department. The Legal Affairs Department may organize the 18. The Forestry Directorate. Administrative Procedure Control Division. 19. The Fisheries Directorate. The Plant Protection Department and the 20. The Water Resources Directorate. Animal Health Department may organize 21. The Institution of Policy and Strategy branches. for Agriculture and Rural Development.

Article 4. Effect 22. The College of Management for 1. This Decree takes effect on January 15, Agriculture and Rural Development I. 2014. 23. The College of Management for 2. This Decree replaces the Government’s Agriculture and Rural Development II. Decree No. 01/2008/ND-CP of January 3, 24. The Informatics and Statistics Center.  GH¿QLQJ WKH IXQFWLRQV WDVNV SRZHUV 25. The Vietnam Agriculture Newspaper. and organizational structure of the Ministry of © Vietnam Law & Legal Forum Issue nos 04-05/December 2013 47 (Công Báo nos 897-898/December 12, 2013) Agriculture and Rural Development and Decree No. 75/2009/ND-CP of September 10, 2009, amending Article 3 of Decree No. 01/2008/ ND-CP; to annul previous regulations which are contrary to this Decree.

Article 5. Transitional provisions The Water Resources Directorate, the Forestry Directorate and the Fisheries Directorate shall continue implementing current regulations until the Prime Minister decides on their functions, tasks, power and organizational structure.

Article 6. Implementation responsibilities The Minister of Agricultural and Rural Development, ministers, heads of ministerial- level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.- On behalf of the Government Prime Minister NGUYEN TAN DUNG © Vietnam Law & Legal Forum