This Circular guides the functions, tasks, powers, and organizational structure of specialized agencies assisting provincial and centrally-administered city People's Committees in state management of fisheries. These agencies include the Fisheries Department (or Fisheries Sub-department), district-level People's Committee, commune-level People's Committee, ward-level People's Committee, town-level People's Committee, and aquatic service organizations.
적용 범위
The Fisheries Department/Fisheries Sub-department, provincial and centrally-administered city People's Committees, district People's Committees, urban district People's Committees, town People's Committees, county People's Committees, commune People's Committees, ward People's Committees, town People's Committees, and aquatic service organizations.
핵심 사항
- The Fisheries Department (or Fisheries Sub-department) is a specialized agency assisting the provincial People's Committee in state management of fisheries; it is subject to the guidance of the provincial People's Committee and the Ministry of Fisheries.
- The Fisheries Department has a Director, not more than three Deputy Directors, and an organizational structure comprising the Office, specialized and professional departments, Inspection Unit, specialized sub-departments (if any), and service organizations.
- Provinces that do not have the conditions to establish a Fisheries Department will have a Fisheries Sub-department under the Department of Agriculture and Rural Development.
- The district-level People's Committee manages state affairs related to fisheries according to the guidance of the provincial People's Committee, with staffing determined by the Chairman of the district-level People's Committee.
- The commune-level People's Committee has a number of non-professional staff members for fisheries management decided by the provincial People's Committee.
🌐 이 문서의 사회적 영향
- Positive impact: Strengthening state management of fisheries, protecting fishery resources, and developing the fisheries industry.
- Negative impact: Potentially increasing the burden on organizational structures and operational costs for local agencies.
❓ 자주 묻는 질문
What are the functions of the Fisheries Department?
The Fisheries Department advises and assists the provincial People's Committee in implementing state management functions related to fisheries, including aquaculture, fishing, processing, protection, and development of fishery resources.
What are the functions of the Fisheries Sub-department?
The Fisheries Sub-department advises and assists the Director of the Department of Agriculture and Rural Development in organizing the implementation of state management tasks related to fisheries within the province.
How many Deputy Directors does the Fisheries Department have?
The Fisheries Department has not more than three Deputy Directors.
Who decides the staffing of the Fisheries Department?
The staffing of the Office, specialized and professional departments, Inspection Unit, and specialized sub-departments is state management staffing decided by the provincial People's Committee based on the proposal of the Director of the Fisheries Department.
How many non-professional staff members for fisheries management does the commune-level People's Committee have?
The number of non-professional staff members for fisheries management at the commune level is decided by the provincial People's Committee based on actual circumstances and the requirements of fisheries management tasks.
전문
JOINT CIRCULAR
Guidelines on functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee to manage state affairs in the field of health at local levels.
||| The organizational structure of the specialized agencies assisting the People's Committee of the province,
||| city directly under the central government in managing state affairs related to fisheries.
Pursuant to Decree No. 171/2004/NĐ-CP dated September 29, 2004 of the Government stipulating the organization of specialized agencies under provincial People's Committees directly under the Central Government;
||| Pursuant to Decree No. 172/2004/NĐ-CP dated September 29, 2004 of the Government on the organization of specialized agencies under the People's Committees of districts, towns, cities under provinces;
||| The Ministry of Fisheries and the Ministry of Home Affairs guide the functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee of the province, city directly under the central government in managing state affairs related to fisheries at the local level as follows:
||| I. SPECIALIZED AGENCIES ASSISTING THE PEOPLE'S COMMITTEE OF THE PROVINCE, CITY DIRECTLY UNDER THE CENTRAL GOVERNMENT TO PERFORM FUNCTIONS IN MANAGING STATE AFFAIRS RELATED TO FISHERIES.
||| 1. Department of Fisheries
||| 1.1 Position and Functions:
||| The Department of Fisheries is a specialized agency under the People's Committee of the province, city directly under the central government (hereinafter referred to as the People's Committee of the province); it advises and assists the People's Committee of the province in performing state management functions related to fisheries in the locality, including breeding, harvesting, processing, protection, and development of inland and marine aquatic resources; state management of public services within the fisheries sector at the local level.
||| The Department of Fisheries is subject to the direction and management of organizational structure, staffing, and personnel work by the People's Committee of the province, while also being subject to professional guidance, supervision, and inspection by the Ministry of Fisheries.
||| For those provinces and cities directly under the central government that have not yet met the conditions to establish a Department of Fisheries as prescribed by the Government, the state management functions related to fisheries shall be performed by the Department of Agriculture and Rural Development assisting the People's Committee of the province.
||| 1.2 Tasks and Powers
||| 1.2.1 Submit to the People's Committee of the province for approval the strategy, planning for development, long-term plans, five-year plans, and annual plans, programs, and projects regarding fisheries activities in the province, which are consistent with the overall socio-economic development plan of the locality and the overall development plan of the fisheries sector.
||| 1.2.2 Propose to the People's Committee of the province to issue decisions and directives on matters within the scope of management of the Department in accordance with the law; documents on division of labor and decentralization of state management over fisheries in the province, and bear responsibility for the contents of the documents submitted.
||| 1.2.3 Assist the People's Committee of the province in organizing, directing, guiding, and inspecting the implementation of legal normative documents, strategies, planning for development, long-term plans, five-year plans, and annual plans, programs, and projects regarding fisheries activities that have been approved; provide information, propaganda, dissemination, and education on laws related to fisheries within the scope of management of the Department in the province.
||| 1.2.4 Regarding Aquaculture
||| a. Direct, guide, and inspect the development of aquaculture of aquatic animals and plants and amphibians (aquatic animals and plants and amphibians hereinafter referred to as aquatic products) in the province according to regulations and plans that have been approved.
||| b. Guide and inspect the implementation of legal provisions on production, business, export, import, domestication, and selection of aquatic product breeds; types of feed, chemicals, biological preparations, and microorganisms used in aquaculture in the locality.
||| c. Coordinate in implementing and inspecting the implementation of legal provisions on the construction and implementation of infrastructure planning to serve aquaculture.
||| d. Participate in guiding the application of good aquaculture practices and responsible aquaculture codes in aquaculture areas in accordance with the law. Coordinate with relevant agencies in monitoring the impact of plant protection chemicals and industrial waste on the aquaculture environment in the locality.
||| 1.2.5 Regarding Fisheries Harvesting
||| a. Direct, guide, and inspect the development of various fishing industries according to the law; coordinate with relevant agencies in forecasting fishing grounds and fishery resources in the locality.
||| b. Guide and inspect the implementation of legal provisions on the management of fishing ports, anchorage areas for typhoon avoidance, and ensuring safety for fishermen working at sea.
||| c. Organize and be responsible for the technical inspection of fishing vessels and equipment requiring strict technical safety standards in the fisheries industry such as boilers, pressure vessels, refrigeration equipment; approve design documents for new construction and modification of fishing vessels with a designed waterline length under 20 meters; register fishing vessels and crew members of fishing vessels of the locality in accordance with the law.
||| d. Guide and inspect the implementation of legal provisions on fishing activities in rivers, lakes, ponds, and other natural waters within the jurisdiction of the locality.
||| 1.2.6 Regarding Processing and Trade of Aquatic Products
||| a. Direct and inspect the development of aquatic product processing facilities and fish markets according to the development planning of the industry and the locality.
||| b. Coordinate in guiding and directing trade promotion, market development, and international integration in the fisheries sector in accordance with the law; provide guidance to enterprises engaged in the production and business of aquatic products in seeking market information and expanding domestic and foreign markets for aquatic products.
||| 1.2.7 Protection of Fishery Resources
||| a. Be responsible for inspecting the implementation of legal provisions on:
||| - Prohibited fishing methods and equipment; fishing seasons; inland and marine waters prohibited or restricted from fishing certain aquatic species.
||| - Lists of protected aquatic species; genetic fund conservation, prohibition of fishing, export, and import.
||| b. Assist the People's Committee of the province in developing proposals and organizing the protection of fishery reserves and biodiversity in accordance with the law and division of labor and decentralization.
||| 1.2.8 Aquatic Animal Health
||| a. Guide the implementation of legal provisions on the use of feed, chemicals, drugs, biological preparations, and microorganisms used in aquaculture.
||| b. Organize quarantine of aquatic animals and plants and amphibians in the province in accordance with the law.
c. Participate in the environmental monitoring system and aquatic animal disease warning system as prescribed by law; promptly detect diseases and report to the Provincial People's Committee for decision on declaring or revoking the declaration of aquatic animal diseases in the province. Organize and direct activities to control and eradicate aquatic animal diseases and restore the environment after the diseases have been controlled.
d. Inspect conditions and issue or revoke veterinary practice certificates for aquatic animals according to the provisions of the law.
1.2.9. Quality management work in the specialized field of aquaculture
a. Inspect, certify or cancel certification of hygiene safety conditions for production and business establishments of aquatic products from fishing vessels (excluding processing on board), fish ports, fish markets, collection, preservation, transportation facilities for raw aquatic materials, and small-scale processing establishments according to the provisions of the law.
b. Participate in implementing programs to monitor hygiene safety in harvesting areas for bivalve mollusks, programs to control harmful chemical residues in farmed aquatic products according to the provisions of the law and assigned responsibilities.
1.2.10. Organize and direct fishery promotion activities; provide guidance, disseminate information, and transfer technology and techniques in local fishery operations.
1.2.11. Coordinate with relevant agencies in organizing and directing aquaculture, fishing, processing, protection of aquatic resources, ensuring food hygiene and safety, and aquatic animal health in the locality; implement flood prevention and typhoon defense measures; search and rescue, maritime safety, and labor protection in the fisheries sector; integrate fisheries economy with local public order, security, and defense under the jurisdiction of the locality.
1.2.12. Implement international cooperation, scientific research projects, and application of advanced technologies in fisheries activities within the province according to the provisions of the law.
1.2.13. Assist the Provincial People's Committee in guiding and inspecting the activities of public service organizations, economic organizations, and private enterprises related to fisheries; manage state administration over the activities of associations and non-governmental organizations related to fisheries within the province according to the provisions of the law.
1.2.14. Assist the Provincial People's Committee in guiding district-level people's committees in implementing state management tasks in the fisheries sector.
1.2.15. Conduct administrative inspections and specialized inspections in the fisheries sector; resolve complaints and denunciations; combat corruption and handle violations of laws concerning fisheries activities within the authority of the Department according to the provisions of the law.
1.2.16. Organize and implement information, statistics, and reporting on fisheries; apply information technology in managing fisheries within the province.
1.2.17. Manage organizational structure, staffing, civil servants, and officials according to the provisions of the law; implement salary systems and incentive policies, rewards, and disciplinary measures for civil servants and officials under the Department's jurisdiction according to its authority.
Implement training planning, capacity building, and construction of cadres, civil servants, and officials in the fisheries sector at the local level; administrative reform programs according to targets and contents approved by the Provincial People's Committee.
1.2.18. Manage financial resources and assets allocated according to the provisions of the law and the provincial government's delegation; organize the implementation of the budget allocated according to the provisions of the law and the provincial government's delegation.
1.2.19. Perform other tasks as prescribed by law and delegated by the Provincial People's Committee.
1.3. Organization and Staffing:
1.3.1. Department Leadership:
The Fisheries Department has a Director and no more than three Deputy Directors. The Director of the Department is responsible and reports on work to the Provincial People's Committee, the Ministry of Fisheries, and the Provincial People's Council when required.
The Director of the Department is responsible before the Provincial People's Committee and the law for all activities of the Department.
The Deputy Director of the Department assists the Director in managing one or several fields of work; is responsible before the Director and the law for the assigned tasks.
The Chairman of the Provincial People's Committee appoints the Director and Deputy Directors according to the standards and titles specified by the Minister of Fisheries.
The transfer, rotation, removal, resignation, commendation, and disciplinary actions regarding the Director and Deputy Directors of the Department are decided by the Chairman of the Provincial People's Committee according to the provisions of the law.
1.3.2. The organizational structure of the Department includes:
- Office;
- Professional and operational departments;
- Inspectorate;
- Specialized branch offices;
- Public service organizations.
The establishment of professional and operational departments is based on the principle of comprehensively covering all fields of work of the Department; the functions and responsibilities of each department must be clear, without overlapping with those of other departments and organizations within the Department; suitable to the nature, characteristics, and actual workload of the locality; ensuring simplicity in administrative procedures and convenience in handling requests from organizations and citizens. The Department may have no more than three professional and operational departments. The number and names of these departments are determined by the Director of the Fisheries Department after consultation and agreement with the Director of the Civil Service Department, and reported to the Chairman of the Provincial People's Committee for approval.
The establishment of specialized branch offices to assist the Director in performing specialized state management tasks in the fisheries sector is based on the principle that this organization has the responsibility to enforce laws, has a wide scope of management, large and diverse management objects, complex situations, and provides regular guidance while also advising on mechanisms and policies for exploiting and protecting aquatic resources and managing quality, safety, hygiene, and aquatic animal health. Based on the characteristics, requirements, and workload of state management in the fisheries sector at the local level, the Chairman of the Provincial People's Committee decides to establish no more than two specialized branch offices.
The establishment of public service organizations under the Department is based on specific characteristics, circumstances, and development requirements of the fisheries sector in the locality.
After consultation and agreement with the Director of the Civil Service Department, the Director of the Fisheries Department reports to the Chairman of the Provincial People's Committee for approval to establish specialized branch offices and public service organizations directly under the Department according to the provisions of the law; define the functions, responsibilities, authorities, and organizational structures of the specialized branch offices and the Inspectorate.. The head of the District Office and the public service organizations under the Department shall be appointed by the Chairman of the Provincial People's Committee according to the job title standards prescribed by the Minister of Fisheries.
The Director of the Department of Fisheries shall specify the functions, tasks, and powers of the Office, specialized departments, inspection units, and public service organizations under the Department.
1.3.3. Staffing:
The staffing of the Office, specialized departments, inspection units, and the District Office is state management staffing (excluding the staffing of public service organizations if any), decided by the Provincial People's Committee upon the proposal of the Director of the Department of Fisheries after reaching consensus with the Director of the Department of Home Affairs.
The Director of the Department of Fisheries shall allocate and utilize cadres, civil servants, and officials in accordance with their professional job titles and the qualification criteria for civil servants and officials as stipulated by laws on cadres and civil servants.
2. State Management of Fisheries in Provinces Not Yet Meeting the Conditions for Establishing a Department of Fisheries
2.1. The Fisheries District Office is a subordinate agency under the Department of Agriculture and Rural Development with the function of advising and assisting the Director of the Department of Agriculture and Rural Development in organizing and implementing state management tasks related to fisheries within the province.
Based on specific characteristics, circumstances, and the tasks specified in Point 1.2 of this Circular, the Director of the Department of Agriculture and Rural Development, after reaching consensus with the Director of the Department of Home Affairs, shall submit to the Chairman of the Provincial People's Committee for decisions regarding the establishment, functions, tasks, powers, organizational structure, and appointment of the head of the Fisheries District Office according to the professional standards set by the Minister of Fisheries.
The Director of the Department of Agriculture and Rural Development is responsible before the Provincial People's Committee and the law for state management activities related to fisheries at the local level.
The head of the Fisheries District Office is responsible before the Director of the Department of Agriculture and Rural Development and the law for performing assigned tasks.
2.2. Public Service Organizations Engaged in Fisheries Activities:
Based on specific characteristics, circumstances, and the requirements and tasks of state management related to fisheries at the local level, the Chairman of the Provincial People's Committee shall decide on the establishment of public service organizations engaged in fisheries activities according to the proposal of the Director of the Department of Agriculture and Rural Development after reaching consensus with the Director of the Department of Home Affairs.
2.3. Staffing:
State management staffing for fisheries is allocated within the total staffing of the Department of Agriculture and Rural Development to ensure the full implementation of state management tasks related to fisheries at the local level.
The allocation and utilization of cadres, civil servants, and public officials must be based on their professional positions and qualifications and standards set forth in the law on cadres and civil servants;
II. SPECIALIZED AGENCIES ASSISTING THE PEOPLE'S COMMITTEES OF DISTRICTS, COUNTIES, TOWNS, AND CITIES UNDER PROVINCES IN MANAGING STATE AFFAIRS RELATED TO FISHERIES.
1. Specialized agencies assisting the People's Committees of districts, counties, towns, and cities (hereinafter referred to collectively as district People's Committees) shall implement state management functions related to fisheries and manage public services under the fisheries sector within their respective districts in accordance with the provisions of Decree No. 172/2004/ND-CP of the Government.
These specialized agencies shall be subject to the guidance and management of organization, staffing, and personnel work by the district People's Committee, while also being subject to professional guidance and supervision by the Department of Fisheries (or the Department of Agriculture and Rural Development for provinces not yet meeting the conditions for establishing a separate Department of Fisheries).
2. Duties and authorities:
The district People's Committee shall specify the functions, tasks, and powers of the specialized agency assisting the district-level People's Committee in implementing state management functions related to fisheries in accordance with the guidelines of the provincial People's Committee.
3. Staffing:
Based on the specific characteristics and development situation of fisheries in the locality, the Chairman of the district People's Committee shall decide on the staffing necessary to meet the state management tasks related to fisheries within the total administrative staffing allocated by the provincial People's Committee to the district.
III. TASKS OF THE PEOPLE'S COMMITTEES OF VILLAGES, WARD, AND TOWNS IN MANAGING STATE AFFAIRS RELATED TO FISHERIES..
The tasks of the People's Committees of villages, wards, and towns (hereinafter referred to collectively as villages) in managing state affairs related to fisheries shall be decided by the provincial People's Committee based on the proposals of the Director of the Department of Fisheries (or the Department of Agriculture and Rural Development for provinces not yet meeting the conditions for establishing a separate Department of Fisheries) and the Director of the Department of Home Affairs.
Based on the actual situation and the requirements and tasks of managing fisheries at the local level, the provincial People's Committee shall decide on the number of non-professional staff members for fisheries at the village level in accordance with the provisions of Decree No. 121/2003/ND-CP dated October 21, 2003 of the Government on the system and policies for village, ward, and town-level cadres and civil servants.
IV. IMPLEMENTATION.
This Circular shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Circular No. 04 TS/TT dated December 14, 1991 of the Ministry of Fisheries guiding the organizational structure of the fisheries management apparatus at the provincial level.
2. The Chairmen of the People's Committees of provinces and centrally-administered municipalities are responsible for organizing and implementing this Circular. Any issues arising or difficulties encountered during implementation should be promptly reported to the Ministry of Fisheries and the Ministry of Home Affairs for study and resolution./.
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