This Circular guides the tasks, powers, organization, and staffing of Fisheries Inspectors at local levels based on Government Decrees regarding the functions, tasks, powers, and organizational structure of the Ministry of Fisheries and the Ministry of Home Affairs. It provides detailed regulations on administrative inspection activities, specialized fisheries inspection, staff management, and the working relationships between the Inspectorate Office and higher-level authorities and related units.
적용 범위
Local Fisheries Inspectors (usually the Fisheries Inspectorate Office or part of the organizational structure of the Agriculture and Rural Development Inspectorate Office).
핵심 사항
- The Inspectorate Office is directly under the direction of the Department Director, while sharing responsibilities with the Chief Inspector of the Department for managing and directing inspection activities.
- The Inspectorate Office has the authority to develop and implement inspection programs and plans according to its jurisdiction or to recommend competent authorities to handle violations.
- The Inspectorate Office is responsible for resolving complaints and denunciations and inspecting the implementation of decisions resolving complaints and denunciations.
- The Inspectorate Office manages the organization, staffing, assets, and funds serving the activities of the Inspectorate Office.
- The administrative staffing of the Inspectorate Office is determined by the Chairman of the Provincial People's Committee within the total provincial administrative staffing.
🌐 이 문서의 사회적 영향
- Positive impact: Strengthening state management effectiveness, preventing and handling violations of laws in the fisheries sector.
- Negative impact: May impose additional organizational and personnel burdens on Fisheries Departments or Agriculture and Rural Development Departments.
- Benefits: Citizens and businesses will be better protected through enhanced inspections and enforcement of laws.
- Costs: Additional investment in human resources and finances may be required to implement new regulations.
- Limitation of rights: Organizations and individuals may be restricted in their freedom of operation if they violate the law.
❓ 자주 묻는 질문
What can the Inspectorate Office do?
The Inspectorate Office develops and implements inspection programs and plans for administrative and specialized fisheries inspections; resolves complaints and denunciations; manages the organization, staffing, assets, and funds serving the activities of the Inspectorate Office.
Does the Inspectorate Office have the power to impose administrative penalties?
No, but the Inspectorate Office can issue penalty decisions within its jurisdiction or recommend competent authorities to handle administrative violations in the fisheries sector.
Who decides the staffing of the Inspectorate Office?
The staffing of the Inspectorate Office is decided by the Chairman of the Provincial People's Committee within the total provincial administrative staffing.
How does the Inspectorate Office relate to the Inspectorate General?
The Inspectorate Office is subject to guidance and direction from the Provincial Inspectorate on administrative inspection work, organization, and operations; it shares responsibilities with the Chief Inspector of the Department for managing and directing inspection activities.
Does the Inspectorate Office have the authority to issue administrative penalty decisions?
No, but the Inspectorate Office can issue penalty decisions within its jurisdiction or recommend competent authorities to handle administrative violations in the fisheries sector.
전문
JOINT CIRCULAR
Guidelines on duties, powers, organization, and staffing
of Local Fisheries Inspectors
Pursuant to Decree No. 43/2003/NĐ-CP dated May 2, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Fisheries;
Pursuant to Decree No. 45/2003/NĐ-CP dated May 9, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;
Pursuant to Decree No. 107/2005/NĐ-CP dated August 17, 2005 of the Government on the organization and operation of Fisheries Inspectors;
Pursuant to the unified opinion of the Ministry of Agriculture and Rural Development at Document No. 337/BNN-PC dated February 15, 2006;
The Ministry of Fisheries and the Ministry of Home Affairs provide guidelines on the duties, powers, organization, and staffing of local Fisheries Inspectors as follows:
I. POSITION AND FUNCTION
Local Fisheries Inspectors hereinafter referred to as Inspectorate Departments are organs of the Department of Fisheries or part of the organizational structure of the Inspectorate Department of Agriculture and Rural Development (for provinces and centrally governed cities without separate Departments of Fisheries), belonging to the system of Fisheries Inspectorates, responsible for assisting the Director of the Department in performing administrative inspection and specialized inspection tasks within the scope of the Director's duties and powers.
Inspectorate Departments under the Department of Fisheries have their own seals and are entitled to open accounts at the State Treasury.
II. DUTIES AND POWERS OF THE INSPECTORATE DEPARTMENT
1. Develop programs and plans for administrative inspections and specialized inspections related to fisheries, submit them to the Director of the Department for approval, and organize their implementation.
2. Perform administrative inspection duties and powers (inspecting the implementation of policies, laws, and assigned tasks of organizations and individuals directly managed by the Department):
a) Inspect, conclude, and decide on handling matters within their authority or recommend competent authorities to make decisions on handling;
b) Take the lead or coordinate with relevant agencies in performing administrative inspection duties and powers according to the guidance of the Provincial Inspectorate.
3. Conduct specialized fisheries inspections pursuant to Article 14 of Decree No. 107/2005/NĐ-CP dated August 17, 2005 of the Government on the organization and operation of Fisheries Inspectors:
a) Inspect, check, and impose administrative penalties in the field of fisheries according to Decree No. 128/2005/NĐ-CP dated October 11, 2005 of the Government on the handling of administrative violations in the field of fisheries and other provisions of law;
b) Issue decisions and establish inspection teams to conduct specialized fisheries inspections according to programs and plans and approve inspection decisions by the Director of the Department;
c) Dispatch personnel to participate in specialized fisheries inspection teams upon request from the Inspectorate of the Ministry of Fisheries.
4. Regarding complaints and denunciations:
a) Lead or participate in receiving citizens who come to lodge complaints, denunciations, suggestions, and reflections according to the law;
b) Assist the Director of the Department in resolving complaints and denunciations according to the law on complaint and denunciation resolution;
c) Monitor and inspect organizations and individuals under the Department's state management authority in implementing decisions on complaint and denunciation resolution.
5. Promote, disseminate, guide, and inspect units under the Department in implementing regulations on inspection, complaint and denunciation resolution, prevention, and struggle against corruption, thrift, and waste prevention.
6. Implement anti-corruption work in the field of fisheries at the local level according to the law on anti-corruption.
7. Recommend competent authorities to suspend the enforcement or revoke provisions contrary to national legal documents or contrary to specialized legal documents issued by the Ministry of Fisheries.
8. Monitor, inspect, urge the implementation of inspection conclusions, recommendations, and post-inspection handling decisions; compile and report results on administrative inspection, specialized fisheries inspection, complaint and denunciation resolution, and anti-corruption work within the Department's jurisdiction.
9. Coordinate with the Inspectorate of the Ministry of Fisheries to organize professional training for inspectors and cooperative inspectors in specialized fisheries inspection.
10. Manage the organization, staffing, assets, and funds serving the activities of the Inspectorate Department.
11. Carry out other duties and powers as prescribed by law and assigned by the Director of the Department.
III. ORGANIZATION OF THE INSPECTORATE DEPARTMENT
1. The Inspectorate Department is organized uniformly under the management and direction of the Chief Inspector of the Department. The Chief Inspector of the Department is accountable to the Director of the Department. The Chief Inspector of the Department is appointed, relieved, or dismissed by the Director of the Department after obtaining the agreement of the Chief Inspector of the Province.
2. Deputy Chief Inspectors assist the Chief Inspector of the Department in performing certain tasks and powers delegated by the Chief Inspector of the Department. Deputy Chief Inspectors are appointed, relieved, or dismissed by the Director of the Department based on the recommendation of the Chief Inspector of the Department.
3. Some Inspectors and civil servants from other categories (if any) directly assist the Chief Inspector of the Department.
4. Based on the cooperation regulation between the Inspectorate of the Ministry of Fisheries and specialized management agencies issued by the Minister of Fisheries, the Director of the Department issues a cooperation regulation between the Inspectorate Department and specialized branches to ensure non-overlapping tasks, clearly define responsibilities, and enhance the effectiveness of state management in the fisheries sector.
5. For provinces and centrally governed cities (hereinafter referred to as provinces) without a Department of Fisheries, specialized fisheries inspections are undertaken by the Inspectorate Department of Agriculture and Rural Development. The appointment of specialized fisheries inspectors is based on standards set by the Inspector General and other standards prescribed by the Minister of Fisheries. Specialized fisheries inspectors are directly supervised by the Chief Inspector of the Department of Agriculture and Rural Development, while also being guided and directed on professional and technical matters by the Chief Inspector of the Ministry of Fisheries.
IV. STAFFING OF THE INSPECTORATE DEPARTMENT
1. The administrative establishment of the Department Inspectorate shall include Inspectors and civil servants from other categories working in the Department Inspectorate (as per Decision No. 78/2004/QĐ-BNV dated November 3, 2004 of the Minister of Home Affairs promulgating the list of civil servant and officer categories) must meet the conditions and standards stipulated by law. The establishment of the Department Inspectorate shall be decided by the Chairman of the Provincial People's Committee to allocate within the total provincial administrative establishment.
2. Drivers, security guards, captains, engineers, and some other employees performing other tasks in the Department Inspectorate shall implement the contractual system as prescribed in Decree No. 68/2000/NĐ-CP dated November 17, 2000 of the Government on implementing the contractual system for certain types of work in state administrative agencies and public service units.
3. The Chairman of the Provincial People's Committee shall base on the scale and workload that the Fisheries Inspectorate must perform according to the law and other bases specified in Article 6 of Decree No. 71/2003/NĐ-CP dated June 19, 2003 of the Government on the分级 management of administrative and public service establishments to develop, plan the establishment and decide on the allocation of administrative establishment for the Department Inspectorate.
V. WORK RELATIONSHIP OF THE DEPARTMENT INSPECTORATE
1. The Department Inspectorate shall be directly under the direction of the Director of the Department, while also being under the guidance and direction regarding inspection work, organization, and administrative inspection business by the Provincial Inspectorate.
2. The Department Inspectorate shall be under the direction, guidance, and supervision regarding specialized inspection business by the Ministry Inspectorate; it shall compile and report periodically or urgently about specialized inspection work to the Ministry Fisheries Inspectorate.
3. The Department Inspectorate shall coordinate with inspectors from various sectors, district-level and commune-level authorities, and other competent state agencies during the inspection process concerning issues related to fisheries and in preventing, stopping, and combating violations of the law.
VI. IMPLEMENTATION
1. The Provincial People's Committee shall base on the Inspection Law, the Fisheries Law, Decree No. 107/2005/NĐ-CP dated August 17, 2005 of the Government on the organization and operation of the Fisheries Inspectorate, the guidelines provided in this Circular, and relevant legal documents to decide on the establishment and specify the specific duties, powers, organization, and establishment of the Department Inspectorate.
2. The Chairman of the Provincial People's Committee shall be responsible for directing the Director of the Department to reorganize and strengthen the organization; to have plans to train and arrange cadres, civil servants, and other personnel currently working in the Department Inspectorate to meet the conditions and standards stipulated by current laws, ensuring the completion of assigned tasks.
3. This Circular shall take effect fifteen days after its publication in the Official Gazette.
During implementation, if there are difficulties or obstacles, it is recommended that agencies, organizations, and individuals reflect these issues to the Ministry of Fisheries and the Ministry of Home Affairs for timely revision and supplementation./.
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