Decree No. 01/2008/ND-CP defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development

32 OFFICIAL GAZETTE Issue nos G1-02!Januaf'i 200& (Gang Bao nos 25-26/January 11. 2008) Part I. LEGAL DOCUMENTS TIlE GOVERNMENI DECREE No.01l2008lND-Cpm'JANUARY 3, 2008, DEFINING THE FUNCTIONS, TASKS, POWERS AND OR~ANtZATIONAI. STRll(;TllRF, OF THE MINISTRY OF AGRICULTURE AND RVRALDEVELOPMENT THE GOVERNMENT Pursuant to the December 25, 2001 Law on On;:anizarion ofthe Govemment; PursUQIJ! tothe Government's Decree No. 1781 2007/ND-CPofDecember3,2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies; At the proposal ofthe Minister ofAgriculture andRural DevelopmentandtheMinisterofllome Affairs, DECREES: Article1.- Position and functions The Ministry of Agriculture and Rural Development is a governmental agency which performs the functionof statemanagementin the nnm",lm.. f'lf "'V-i(''\\1tllT[". forestry, salt-making. fisheries, irrigation and rural development throughout the country and performs the state management of public services in the domains faJling WIthin its management scope. Article 2.- Tasks and powers Tne Ministry of Agriculture and Rural Development shall perform the tasks and exercise thepowers prescribed in theGovernment's Decree No. 178/2007/ND-CP of December 3. 2\107. defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, aswell asthefollowing speclflc tasks and puwers: 1.To submit to the Govenunent draft laws and resolutions of the National Assembly, draft ordincncce and resolutions of thc National Assembly Standing Committee, and draft resolutions and decrees of the Government according to its approved annual legislative programs and projects and schemes as assigned by theGovernment or thePrime Minister. 2. To submit to the Government long-tenn, five-year and annual development strategies, plannings and plans; strategies andplannings on key regions, inter-regional and inter-provincial areas and important national projects and works in the domains of agriculture, forestry, fisheries, salt-making, irrigation and rural development throughout the country; and draftdecisions and directives falling within the Prime Minister's promulgating competence. 3. To promulgate decisions, directives, circulars, standards, regulations, processes and economic-technical norms in the domains falling within the scope of its state management in accordance with law: to guide and inspect the implementation of these documents. 4. To direct, guide, examine and take responsihil1ty for the implementation of leJ:::al documents, strategies, plannings and plans falling within the scope of its state management after they are approved; to conduct law dtsserntnatton and education in the domains e VIETNAM LAW & LEGALFORUM Issue nos 01·02lJanuary 2008 (Cong Bao nos 25-261January 11, 20GB) OFFICIAL GAZETTE 33 under its state management 5. Regarding agriculture (cultivation, husbandry): aJ To direct and guide the implementation of mechanisms and policies on agricultural developmentaftertheyaredecidedbycompetent authorities; bl To direct and guide the use of budgets for programs on preventing, controlling, and remedying consequences of, animal and plant epidemics: to esrahl ish na tiona J stf~erjn2 committees for prevention and controlof animal epidemics anddeclareepidemics uponoccurrence of dangerous contagiousanimal diseases which are transmittable 10 humans; 10 provide for animal and plant quarantine regimes and standards, certificates of and conditionson disposal of and trading in plant protection drugs and veterinary drugs,and thedestruction or returnof thesedrugs to their places of origin under competent authorities' decisions; cI To publicize and direct, guide, inspect, evaluate and synthesize reports on the implementation ofapprovedstrategies, plannings and plans on agricultural development nationwide; dITodirectthestructureofplant varietiesand animal breeds; to guide fanning, husbandry, harvesting and preservation techniques and organize the final review and assessment of the implementation of annual cultivation and husbandryplans; eI To direct the elaboration and inspect the implementation of plannings on development of consolidated farming and husbandry areas and areas for production of safe agricultural products, plans on use , protection and improvement of agricultural soil fertility and plans onpreventionof soilerosion,desertization and landslides; fI Topublicize lists of, and grant permits for exploitation and use of, plant and animal gene sourcesand exchange of rare and preciousplant and animal gene sources; to promulgate a Iist of main plants, a list of plant varieties and a list of animal breeds permitted for production and trading, a listof rare and preciousplant varieties and animal breeds which need to be conserved, and a list of plant varieties and animal breeds banned from export or permitted for exchange with foreign countries: to permit the impnrt of plant varieties and animal breeds outside the list of chose permitted for production or trading; to promulgate national technical regulations onseed grades, processes of propagation andrevigorauon of super pure seeds, processes of production of varieties ofindustrial plants, fruit trees, ornamental treesand other trees: gjTopromulgate regulations andprocesseson the assay, selection and creation of new plant varieties and animal breeds; to decide on the recognition, grant or cancellation of their protection titles; the processes of production of plant varieties and animal breeds subject to application of, and certification of quality conformity with,nationaltechnicalregulations; blToprovidefor themanagement, production, trading and use of fertilizers; to provide for the testing and recognition of new fertilizers: to publicize a list of fertilizers subject to announcement of quality standards; and to promulgate national technical regulations on fertilizers; i1To providefor themanagement, production, trading and use of livestock feed; to provide for the testingof animal feed and raw materials for productionof animal feed; to publicize a list of animal feed and raw materials of animal origin whichare used for productionof animal feed; ® VIETNAM LAW & LEGAL FORUM 34 OFFICIAL GAZETTE Issue nos 01·02lJanuary 2008 (L:ong mo nos z~·lOIJanuary '1'1, 2008) © VIETNAM LAW & LEGAL FORUM jI To guide the import and export of plant varieties. animal breeds. fertilizers and animal feed; kJ Regarding plantprotection: To forecast about the situation of harmful organisms; to declare the occurrence of harmful organism epidemics intwo ormore provinces and report such to the Prime Minister; to guide, direct and decide on measures to stamp out epidemics andcancel epidemic-declaration decisions; 'Iopubficize a listof categories ofentitiesliable to plant quarantine and u Iiat of objects of plant quarantine; To guide and inspect the implementation of approved regulations on plant quarantine regimes and standards applicable to objects of plant quarantine which are imported, exported, temporarily imported for re-export, temporarily exported fW-le-Llllport Of ill ll-.:ul.'iit; to provide for certificatesofand conditions on disposal ofplant quarantine objects; to provide for certificates of and conditions on trading in plant protection drugs; todecideon plant protectiondrugs which must be destroyed or returned to their places of ongm; 10 provide fur the assay ami registration for circulation of new plant protection drugs and grant assay permits and registration certificates to plant protection drugs; to publicize lists of plant protection drugs permitted for use, restricted or bannedfrom use in Vietnam. To grant permits for the import of plant protection drugs outside the lint of those pcnnittcd for U3C; To provide for uniforms and cards of quarantine workers and formsofplant quarantine papers; Yo guide the import and export of plant protection drugs, raw materials for production of plant protection drugs and living organisms in the domain of plant protection; to provide for imported goods subject to plant quarantine. II Regarding the health of domestic animals (including aquatic animals): To elaborate, and direct the implementation of strategies, plannings and plans on prevention and combat of animal diseases nationwide; To provide for conditions and procedures for recognition and direct the building of animal disease-free regions and establishments throughout the country. To promulgate a list of animal diseases of which epidemics must be cecrareo. a 1151 of dangerous animal diseases and alist of diseases subject tocompulsory preventive measures; To forecast about the aituntion of animal diseases; to decide on declaration of epidemics and epidemic areas covering two or more provinces, epidemic-threatened areas, buffer areas and compulsory preventive measures applicable to animals; the disposal of diseased animals and products thereof, sterilization and disinfection. To declare the end ofepidemics and cancel decisions on announcement of epidemic areas, epidemic threatened areas and buffer areas; To direct and inspect the implementation of approved national programs on control and elimination of animal epidemics; To promulgate a list of objects of animal quarantine and a list of animals and animal products subject to quarantine; To promulgate processes and procedures for animal quarantine and measures for disposal of animals, animal products, carriers and containers of animals and animal products failing to satisfy veterinary sanitation standards: To guide and inspect the implementation of animal quarantine regimes and standards applicable to objects ofanimal quarantine which are exported, imported, temporarily imported for Issue nos 01·02lJanuary 2008 (Gong BaD nos 25-261January tt, 200B) OFFICIAL GAZETTE 35 re-export, temporarily exported for re-import or in transit; to provide for certificates of and conditions on trading in veterinary drugs and the destruction or return of these products to their places of origin; To provide for the order and procedures for control of slaughtering activities and animal slaughtering marks; a list of objects of and order and procedures for inspection of veterinary sanitation; to provide for the research into, test and assay of, and procedures for registrationand recognition of, veterinary drugs.bio-prenarations. microorganismsand chemicalsfor veterinary use whicharepermitted forproduction andcirculation in Vietnam; To promulgate national technical regulations on veterinarysanitation and veterinary drugs; to publicize a list of veterinary drugs, bio preparations, micro-organisms and chemicals for veterinaryuse whichare subject to theapplication of, and certificationof quality conformity with, national technicalregulations; To provide for uniforms and cards of quarantine workers and forms of animal and animal product quarantinepapers; To decide to permit the import of veterinary drugs and vaccines outside the list of those permitted for circulation in Vietnam; 10 direct the diagnosis ofanimaldiseasesand the national veterinarysanitation work. 6,Regarding forestry; aJ To direct and guide the implementation of the Government's and the Prime Minister's regulations on forestrydevelopmentand policies and regulations on management and protection of endangered rare and precious forest fauna and flora speciesand listof thesespecies; toelaborate a planning; on the system of national and inter provincial protection forests and special-use forests and decide on the change of their use purposes; to promulgate forest management regulations; hI To publicize and direct, guide, inspect, evaluate and synthesize reports on the implementationof approvedstrategies, plannings and plans on forest protection and development nationwide; c/ To appraise plannings on forest.protection and development elaborated by provinces and centrally run cities; dl To guide and direct the survey, determination and demarcation of forests of an types; to conduct forest survey and inventory, monitor dcveloprucucs u[[UIc:slallUlaml resources in service of afforestation, compile forest management dossiers and announce the annual forest status and the results of five-year forest inventories; el To establish criteria for forest status classification, criteriaforclassification ofstandard special-useforests andprotectionforests,criteria for forest plantations and regulations on the determinationof forest plantationsand zoned-off forests; f/ To direct, guide and inspect the implementation of approved regulations and policies 011 investment in tht': MwJopment of production forests, planting of consolidated raw material forests, planting of rare and precious timberforestsand development ofnatural forests; gI To guide combined forestry-agricultural fisheries production in protection forests, economic-technical norms and forest development measures; h/To makea plan on,anddirectandrecognize, a systemof nationalandregionalseedling-sapling forests. and gardens; to publicize a list of, and grunt permits for exploitation, use and exchange of, e VIETNAM LAW & LEGAL FORUM 36 OFFICIAL GAZETTE Issue nos 01·02lJanuary 2008 lUang I::lao nos "LtrL6!January 11, LUU8) endangered rare and precious forest fauna and flora eene sources and permits for planting and raising wild plants and animals; to promulgate a listofprincipal foresttrees, a listofforest saplings permittedfor production and trading,and a listof forest saplings banned from export; to permit the exchange of forest saplings on the list of those banned from export with foreign countries and the import of forest saplings outside the list of those permitted for production and trading; to promulgatenationaltechnicalregulationson seed grades,processesofpropagation andrevigoration ofsuper-pure seeds; to promulgate assay processes and decide on the recognition, grant or cancellation of protection titles of new forest saplings: to establish the process of sapling production and publicize a list of forest saplings subject to the application of, and certification of quality conformity with, national technical legulatiUII.~; to guide lilt; import aud c ....port of forest sapimgs; iJ To promulgate, monitor and inspect the implemcrseticn of regulations on and processes afforest readingand renovation and forest product exploitation; to announce the volume of forest products to be exploited annually by localities; to specify banned acts in sight-seeing tours or resort and ecological tourism in special-use forests and protection forests; jI To guide and direct the allocation, lease, recovery and change of use purposes of forests; to compile and manage dossiers ofallocation and lease ofCorests and land for affore-station; to guide theelaboration ofaplan on cultivation landareas; to direct, guide and inspect the implementation of regulations on management and protection of endangered rare and preCIOUS forest fauna and flora species in accordance with regulations; kIToprovideprofessional guidance on forest protection forces' activities; to mobilize forest protection forces when necessary; to direct and organize rhe supply of wP.:'lpon", f;;upport tool", special-use devices, uniformsand cards to forest protection officers atvarious levels asprescribed; to inspect and direct the examination of forest protection forces' activities; II To assume the prime responsibility for the implementation oflhe national program ofaction against uesernzauon; rnI To direct the forecast about forest fires, harmful pests and other disasters which may affect forcats ; to request provmcial-Ic vel I'c.oplc.'s Committee presidents, ministries, branches and social organizations to mobilize forces and means upon occurrence of widespread forest fires; to direct and guide the application of measures for preventing and remedying consequences offorest fires and harmful pests and fighting against deforestation in strategic areas and disasters which affect forests. 7. Regarding salt-making: aJ To direct and guide the implementation of regimes and policies on development of the salt making industry after they are decided by competent uutbori tics; b1To publicize, direct,guide, inspect, evaluate and sum up reports on the implementation of approved strategies. plannings and plans on development of salt-making nationwide; cl To give instructions on production and harvesting techniques and conduct the final review and assessment of the implementation of annual production plans; d/ To promulgate and inspect the implementation of national technical regulations and processes on the production and processing of salt and salt products. 8. Regarding fisheries: rei VIHNAM I AW 8. LFr.AI mRIlM Issue nos 01-02lJaliuarv 2008 (GongBaonos 25-261January 11, 2008) OFFICIAL GAZETTE 37 iJl To direct and guide the implementation of mechanisms and policies on fisheries development after they are decided by competent authorities; h/Tn direct and guide criteria fer-classification of species-habitat conservation zones and aquatic nature reserves; to decentralize the management of conservation zones of national and international importance; to promulgate regulations on the management, exploitation and protection of fisheries resources after obtaining competent authorities" df>,..i<:.inn<:.; cl To publicize and direct, guide, inspect, evaluate, sum up and report on the implementation of approved strategies, plannings and plan" nn fisheries development nationwide; d/To guide and inspect provinces andcentrally run cities in the implementation of plannings on exploitation, protection and development of fisheries resources; to set criteria forclassification ofspecies-habitatconservation zones and aquatic nature reserves; to gUide medecennanzano» of the managementof conservation zones of national andinternational importance; cJTo direct aquaculrural activities <jU":VJwng to plannings and plans. To provide for the import and export of aquatic breeds, migration, perpetuation, conservation, selection, creation and recognition ofnew breeds, and breed production and trading; to promulgate national technical regulations on, and inspect, breed quality; to form and manage the llational breed ~y.slem and tile: registration of national breeds; ff To publicize a list of national technical regulations on aquatic animal feed and raw materials for production of aquatic animal feeds and drugs and chemicals for aquacultural use which are on the list of imported and exported goods in the fisheries domain; to make national technical regulations on veterinary sanitation and environmental protection in aquaculture; to publicize a list of drugs and chemicals permitted for use, banned or restricted from use in aquaculture; g1To publicize a list ofaquatic species banned from exploitation and the time when fishing is banned; to provide for fishing methods, fishing trades and tistung gear banned or restricted from use, species and minimum sizes of aquatic animals permitted for fishing and fishing seasons, areas banned or restricted from fishing ~nrl nqnntir species banned from import or export, h/Toprovide for a list of aquatic species which need to be conserved, protected or re-generated: measures for protecting aquatic bio-systems and conserving gene funds and aquatic bio-diversity; iJTo guide fishing activities ofVietnmnese and foreign organizations and individuals in the mainland, islands, inland water areas, sea areas, exclusive economic zones and continental shelf of the Socialist Republic of Vietnam; to decentralize the management of fishing areas, routes andgrounds; j/ To direct, guide and inspect the implementation of approved regutarions on decentralization of the competence to grant and withdraw fishing permits. To provide for the order ot and procedures for the grant and withdrawal of fishing permits and direct the implementation thereof; klTo promulgarenarionaJ wehnicaJ regulations on quality, technical safety and environmental protection of fishing boats; to provide for titles of fishing boats' crew members and the registration and grant of fishing boats' crew books and the grant of fishing boat master and chief engineer diplomas; 11 To promulgate regulations on the © VIETNAM I AW A I F(;'AI FnRllM 38 OFFICIAL GAZETTE Issue nos 01·021January 2008 (Gong Baonos 2b-;tOlJanuary 11, Z008) management of fishing ports and wharves and fishing-boat storm shelters; the development of mechanical engineering in fisheries; the production of fishing gear and nets, thebuilding, repair and conversion of fishing boats and the development of wholesale markets for aquatic products according to approved plannings; mI To promulgate, supervise and inspect the implementation ofnational technical regulations, processes and economic-technical norms for construction and protection of aquacultural facilities. Iisblnzports. fishing markets. fishing boatstormshelters,aquaticanimalfeed-producing establishments, aquatic product-processing establishments and engineering establishments engagell ill ule bulkllug auchepah uf Ilshiug Lours, niTa decide on investment in the construction, renovation and upgrading of aquacultural equipment, fishing ports, fishing markets and fishing-boat storm shelters from the sources of capital allocated from the state budget through the Ministry. 9. Regarding irrigation: aJ To direct and guide the implementation of legal docerueuu, UII water irrigation and dikes; to impiementregulations on preventionof andfight against damage caused by salinization after they arepromulgated bycompetent authorities; bITo direct and guide the implementation of strategies and plannings on irrigation and strategies on prevention, combat and mitigation of natural disasters after they are approved by the Prime Minister; cI To assume the prime responsibility for elaborating plannings on regional irrigation and reservoirs serving agriculture and for multiple sccic-eccncmic purposes; df To approve planntngs on dykes and irrigation facilities related to two or more provinces in service of flood prevention and combat, water supply, drought and salinization prevention and combat, soil improvement, river bank and coastal landslide and rural water supply anddrainage; eI To publicize and direct, guide, inspect, evaluate, synthesize and report on the implementatron of approved strategies, planmngs and plans on development of irrigation nationwide; fI Tu propose LO me Prime Minister and organize the implementation of measures for mobilization of supplies and means for preventing andremedvinz consequences of floods, droughts and inundation, dealing with incidents in irrigation works and other damage caused by water; to direct flood diversion and slowing work and the OpeldUOII of huge-sized irrigation reservoirs and more than one reservoir as assigned or decentralized; g/To guide the decentralization to provincial level People's Committees the competence to approve provincial plannings on irrigation, dyke systems and flood prevention and combat; hi To promulgate, supervise and inspect the implementation ofnational technical regulations, processes and economic-technical norms on the construction, exploitation and protection ot tne systems of irrigation works, dykes and facilities for prevention and combat of floods, storms, inundation. droughts and rural water supply and drainage; if To provide for the permitted loads of, and the grant of permits for, motorized vehicles operating on dykes; to guide provincial-level People's Committees to grant, withdraw and extend permits of vehicles operating within the protecrton areas of irrigation works; ® VIETNAM LAW If. I.EGAL FnRtlM ISMle no.s 0~021.Janu-.atV 2-.0.08 (GOng Baonos 25-26/Jammry 11, 2008) OFFICIAL GAZETTE 39 jl To direct, guide and inspect the huplerueruauou uf spec.illc l'luvi:siuu:s UB urgent circumstances requiring flood diversion and slowing and measures for safe evacuation so as to ensure people's production and daily-life activities, remedy consequencesof inundation and provide supports for inhabitants Jiving in theareas affected by flood diversion and slowing; to provide for mcnsurcs for prevention, combat I1Ild mitigation of such natural disasters as storm, flood, drought, flash flood, landslide, salinization, sea level rise and tsunami; k/ To decide to invest in the construction, renovation, upgrading and solidification of dykes and irrigation works nationwide with capital allocated tram the state budget through the Ministry; 10.Regarding ruraldevelopment: aJTo act as the sole agency responsible for submitting to the Government mechanisms and policies on rural development, mechanisms, policies and regulations on the decentralization of the responsibility to appraise programs and projects on resettlement of rural inhabitants; bl '10 synthesize and submit to the Prime Minister for approval economic restructuring plans,integrated rural development programs and stratl"'e1l"S on nfivl"lDpm/;,nt of rural craft villages in association with households and cooperatives; to direct, guide and inspect the implementation of thesestmtegics, plannings and programs after they are approved; clTo synthesize and propose mechanisms and policies to encourage andsupponthedevelopment of the rural household and farm economy, cooperative economy and agricultural, forestry, fisheries and salt-making cooperatives in association with rural craft villages and trades in communes; d/ To guide, direct and inspect the illll'leUl~lIladUliuf~uk;tl Ianuiug, IlliglauuH, amI resettlement work in agriculture and rural areas according to national socio-economic development plannings; eI To direct and manage hunger eradication and poverty alleviation programs and projects or theircomponents and programs on bUildinga new countryside as assigned by the Government; firo coordinate with ministries, branches and localities in guiding the building of residential areas; to unplement programs on building rural infrastructure as assigned by the Government ILTo direct the implementation of, synthesize ana manage, Investment programs andpt~rs and important national works in the domains under its management as assigned by the Government; to build and manage the results of baseline surveys anddatabase on domains under its state management. 12. Re~arding the processing, preservation. transportation of and trading in agricultural, forest, fishery and salt products: aJ To direct and guide the implementation of plannings, programs, mechanisms and policies on development of the processing industry in combination with production activities and the ruerkcts uf couuuoduy lines in the domains under its state management; and policies on development of agricultural mechanical engineering, rural tradesand craft villages in association with households and cooperatives after they are approved by competent authorities; hi To direct, guide, inspect and evaluate the development of the processing industry, mechanical engineering, rural trades and craft vilbgfis ann post-harvest preservation activities within the scope of its state management; @ VltTNAM LAW s LEGAL fORUM 40 OFFICIAL GAZETTE Issue nos 01-021January 2008 (Cong tiao nos t:5-26/Jllnuary 11, 2(06) clTo promulgatenational technical regulations on food hygiene and safety and environmental sanitation from the stageof cultivation, harvest. processing, preservation and transportation until agricultural, forest, fishery and salt products are puton themarket; d/To promulgatenational technical regulations and technical processes and publicize a list of additives and chemicals pc.rrnittcd for usc in the preservaacn of raw materials and agricultural, forest, fishery and salt products; f'J To guide the transportation, import and export of agricultural, forest, fishery and salt products subject to specialized management. 13. To manage national reserves of plant varieties. animal breeds, plant protection drugs, veterinary drugs and other goods as assigned by theGovermnent. 14. Tu direct scientific research andagriculture extension activities in the domain of cultivation, husbandry, forestry. fisheries, salt-making, piOCC:;SlllQ at ul preservation ofagricultural, forest, fishery and salt products, and rural trades. 15.Regarding the managementof food quality, safety anduygiene [01 agricultural, forest, fishery and salt products: aJ To guide and apply the systems of food ocfoty and hygiene muna.gement: Good Manufacturing Practices (GMP), Good Aquaculture Practices (GAP), Code of Conduct (COC), Good Hygiene Practices (GHP) and the Hazard Analysis Critical Control Point/Risk Management (HACCP/RM) in production, processing and transportation; b/ Tu Liiret:l tile ~UPCI v ision and Inspection of residues of antibiotics and toxic chemicals and pathogens causing diseases to animals and plants in agricultural, forest. fishery and salt products before harvesting and in the stages ofpreliminary processing, preservation, processing and transportation; to control animal slaughtering and veterinary sanitation; cl To promulgate regulations and technical regulations on food quality and safety, epidemic safety and environmental safety in theproduction, preservation and processing stages before products are marketed; d/ To direct the inspection, recognition and cancellation of the recognition of satisfaction of conditions for assurance of food hygiene and cefery of aquar-ulrural esrahlichmenrc 'Inn :-Irf':'1" and establishments engaged in the harvest, purchase, transportation, preservation, preliminary processing and processing of agricultural, forest, nshery and salt products; eI To direct and organize the certification of food quality, safety and hygiene for agricultural, forest, fishery and salt products and products which are imported or produced at home for export before they are marketed; flTo direct and inspect the grant ofquarantine certificates for imported and exported goods lots (living animals or plant or animals products which may carry pathogens) for use in cultivation, husbandry Orprocessing or goods 100S temporarily imported for re-exporr, temporarily exported for re-import, transported from or to border-gates, in transit throuah the Vietnamese territory or transported within the country; to inspect the import or production of animal feed, veterinary drugs, fertilizers and chemicals used in husbandry and culri vatton a~ decentralized. 16. Regarding the protection of agricultural and rural environment: To direct, guide and inspect the implementation of the environmental protection law and other relevant legal provisions on the production, import and use of chemicals, plant protection drugs, fertilizers and waste in agriculture, on the management of genetically (Cl VIETNAM LAW& LEGAL FORUM Issue nos 01-02lJanuaIY 2008 (G6ng Bao nos2!]-261Jdfludry 11, 2008) OFFICIAL GAZETTE 41 modified plant varieties and animal breeds and their products. on the system of dykes and irrigation works, forest conservation zones and rural daily-life clean water, on aquaculture, exploitation and processing of aquatic products; genetically modified aquatic animals and thetr products; and marine conservation zones. 17. To direct, guide and organize trade promotion activities in domains under its slate management 18. Tomanage the registry andregistration of fish i IIg bV<:1t:s ,,111.1 iuspc\,; l the teclui j cal salely uf machinery, equipment, supplies and substances subject to strict labor safety requirements in branches and domains under its management as prescribed by law. 19.To enter into international cooperation in agriculture, forestry, fisheries, salt-making, irrigation and rural development in accordance with law. 20. To decide and direct the implementation of its administrative reform program according to the objectives and contents of the state administrative reform program approved by the Prime Minister. 21. Regarding the exercise of the rights of representingtheownerof statecapital investedin enterprises: aJ Toelaborateschemesonreorganization and ownership transformation of theseenterprisesfor submission to the Prime Minister and direct and organize the implementation of thesescheme after they are approved by the Prime Minister; b/ Topropose the PrimeMinister to appoint or dismiss according to his/hercompetence leaders, managers and chief accountants of state enterprises not yet equitized according to regulations; cl To approve according to its competence or propose the Prime Minister to approve organization and operation charters of state enterprises not yet equitized according to regulations. 22. Regarding the state management of organizations providing public services in the domainsunder its state management a/ Tosubmit to the Government mechanisms andpolicieson the quality ofpubJicservicesand thesocialization of theprovisionofpubl.ic services in the domains uudei its :>li:tlt: nw-1lagcult;lIl; blTo submit to the Prime Minister a. pIarming on the networkof state-owned non-business and public-service organizarions ; conditions and criteria for the establishment of state-run non business organizations in its management domains; cl To promulgate national technical regulations, economic-technical norms, order, proceduresand time limits forprovisionofpublic services under its competence; dITo guide,create conditions for and support organizations providing public services in the domains under its state management in accordancewith law. 23. Regarding the state management of enterprises, cooperatives and other cooperative and privateeconomic formsin the domil'ins under its state management: aJ To propose mechanisms and policies to encourage,supportand attract investmentand set orientationsfor the development of enterprises, state-owned agricultural. forestry ann fishery farms, householdand farmeconomy,cooperative economy, and agricultural, forestry, fishery and salt-making cooperatives in the domains under its state management; © VIETNAM LAW &LEGAL FORUM 42 OFFICIAL GAZETTE Issue nos 01·02lJanuary 2008 (Gong B6.onIX; 25 261JanuQI)' 11, 2008) b/To guide and inspect the implementationof regulations on conditional production and business lines on the list publicized by the Government and handle violationsin accordance with its competence; cl To inspect and control, and handle environmental pollution, to inspect and examine the protectionof biological environmentand labor safety andsanitation in agricultural, forectry. calt, making, fisheryand irrigationactivitiesand rural craft villages; dlTopromulgatenational technical regulations in the domains under its management; to inspect, examine and handle according to its competence violations of national technical regulations on quality uf goods and services tu the ucrualns of agriculture, forestry, salt-making, fisheries and irrigation in accordance with law. 24. Rcgan.liug the; state illanagement of associationsand non-governmental organizations operating in the domains under its management nationwide: alTo recognize canvassing boards which are set up to establish associations and non governmental organizations; to give written opinions to the Ministry of Home Affairs on permission forthe establishment.,merger, splitting and dissolution of associations and non governmental organizations operating in the domains WIderits state management; bl To guide and create conditions for nscociarions and non gnve-.mme-.ntal organizations to participate in activities in the domains under its management; to consult and receive recommendations and opinions of associations and non-governmental organizations in order to improve state management regulations in its domains; cl To CXiUIlllIC and inspect the observance of law by associations and non-governmental organizations operating in the domains under its statemanagement; to handle or propose competent state agencies to handle violations committed by associations and non-governmental organizations ill accordance with law. 25. Regarding management of public employees' and civil servants' ranks: aITo organize rank promotion exams for civil servants from the rankof specialist to the rank of principal specialist and from the rank of principal spec ial ist to the rank of senior specialist as prescribed by law; blTo promulgate standards and professional criteria applicable to civil servants of different ranks in itsassigned branches or domains after obtaining appraisal opinions of the Ministry of Home Affairs; to elaborate and submit to the Ministry uf HUIll~ Affairs stundar ds awl professional criteria applicable to public employees of different ranks in its assigned branches for approval and promulgation; to promulgate specific professional criteria of heads ofagencies that are attached to provincial! municipal People's Committees, and speci.alizel.l in the branches or domains under its management. 26. To manage the organizational apparatus am! state payrolls , to direct the hnplc.mcntation of wage regulations and regulations and policies on preferential treatment, commendation and disciplining towards cadres, public employees and civil servants under its management; to provide training and retraining and build the contingent of cadres, public employees and civil servants working in the domains ofagriculture, forestry, salt-making, fisheries, irrigation and rural development in accordance with law. 27. To examine, inspect and settle complaints © VIETNAM LAW & LEGAL FORUM Issue nos 01-Q2/January 2008 (Gong BaD nos 25-261January tt,2oo8j OFFICIAL GAZETTE 43 and denunciations, fight against corrupt and negative ace, ond handle ilfegul cots in agriculture, forestry, salt-making, fisheries, water resources and rural development in accordance with law. ;ll:!. Regarding finance andassetmanagement: atTomanage the assigned finance and assets and organize the implementation of the allocated budget in accordance with law; bl To retain no more than 10% of the total allocated budget level under annual plans for spending on the prevention, control and remedying of consequences of natural disasters and epidemics and other unexpected tasks under the Prime Minister's authorization. 29.To act as the national standing body for flood and storm prevention and fighting and llr/y-nt mattf'n> regarding fire forestprevention and anti-desertization; to act the standing body of the competent agency in managing the trading in endangered wild fauna and flora species in accordance with law. 30. To perform other tasks and exercise other powersassignedby the Governmentor thePrime Minister or prescribed by law. Article3.- Organizational structure 1.The Planning Department. 2. The Finance Department. 3.The Science,Technologyand Environment Department. 4.The InternationalCooperationDepartment. S.The Legal Department. 6. The Organization and Personnel Department. 7. The Inspectorate. 8. The Office. 9. The Cultivation Department. 10,The Plant ProtectionDepartment. II. TheHusbandry Department. 12.TIll:: Animal Heallh Department. 13. The Departmentfor Processingand Trade of Agricultural and Forestry Products and Salt Making; 14. The Forestry Department; IS. The Porcat Protcction Department; 16. The Department for Exploitation and Protection of Aquatic Resources; 17. TheAquaculture Department. 18, The WaterResourcesDepartment. 19. The Department for Dyke Management and Flood and StorrnPrevention and Combat. 20.The Departmentfor Manazementorwork Construction; 21.TIleDepartmentforCooperativeEconomy and Rural Development. 22. The Department for Management of Agricultural,ForestandFisheryProduct Quality. 23. The Informatics and StatisticsCenter. 24. The National Center for Clean Water and Rural Environmental Sanitation. 25. The National Center for Agriculture and Fisheries Extension. 26.TheVietnamAgriculture Newspaper; e VlFTNAM LAW & LEGAL FORUM • 44 m-l-IGIAL GAZE I rE Issue IIUl:i 01·02/J<ll1ucIlY 2008 (Cong Bao nos 25-26/Janllary 11, 2ooB) 27, The Agriculture and Rural Development Journal. Units defined from Clauses 1 thru 22 of this Article are organizations assisting the Minister in performing the statemanagementfunctions; units defined from Clauses 23 thru 27 of this Article are non-business units attached to the Ministry. The OrganizationandPersonnel Department, the Science, Technology and Environment Departrn&ul and the International Cooperation Department may organize sections. The Minister of Agriculture and Rural Development shall propose thePrime Minister to promulgate a list of other non-business organizationsattached to the Ministry. Article4.- Implementationeffect L This.Decreetakes implementation effect 15 days after its publication in "CONG BAG" and replaces.the Government's. Decree No. 86/20031 ND~CP offuly 18,2003,defining functions, tasks, powers and organizational apparatus. of the Ministry ofAgriculture and Rural Development and Dccroc No. 4312003/ND-CP ofMay 2, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Fisheries. 2. Previous regulations contrary to thisDecree are annulled. Article 5.- implementation responsibilities Ministers,headsofministerial-level agencies, heads of government-attached agencies and prestdetas of provincial/municipal People' 50 Committees shall implement thisDecree. On behalfofthe Government PrimeMinister NGUYEN TANDUNG © VIETNAM LAW & LEGAL FORUM