Directive No. 05/2007/CT-BTS on Strengthening the Organization and Activities of Fisheries Inspection

DIRECTIVE OF THE MINISTER OF AQUATIC RESOURCES

On Strengthening the Organization and Activities of Fisheries Inspection

Implementing Decree No. 107/2005/NĐ-CP dated August 17, 2005 of the Government on the organization and activities of Fisheries Inspection, the Fisheries Inspection system has been improved. At the central level, the organization of the Ministry's Inspection Department is being improved; it has received staffing and tasks for specialized inspection to protect aquatic resources from the Bureau of Exploitation and Protection of Aquatic Resources. According to Decree No. 107/2005/NĐ-CP, the Ministry's Inspection Department performs administrative inspection and specialized inspection functions, but currently, the main activities of the Ministry's Inspection Department are still conducting socio-economic inspections, resolving complaints and grievances, and building guiding documents to implement Decree No. 107/2005/NĐ-CP; specialized inspections in the field of aquatic resource protection have just been carried out, while specialized inspections in the fields of food safety and aquatic veterinary have not yet been implemented due to lack of staffing. At the local level, most Departments of Aquatic Resources have completed the organization of their Inspection Departments according to Decree No. 107/2005/NĐ-CP and operate effectively.

However, the organization and operation of Fisheries Inspection from the central to local levels still face many difficulties. The Ministry has not yet established regulations on cooperation between the Ministry's Inspection Department and sector management bureaus to serve as a basis for local Departments of Aquatic Resources to establish regulations on cooperation between their Inspection Departments and local sector management agencies.

In Institutes, Schools, Centers, and General Companies, some pending issues have not been resolved thoroughly, leading to the submission of petitions to higher authorities. Some conclusions of inspections have not been fully implemented by heads of units under the Ministry (the inspected entities).

The above situation is due to:

Guiding documents for implementing Decree No. 107/2005/NĐ-CP and related documents have inconsistencies in some points, and some provisions are not appropriate.

Heads of some units do not truly attach importance to inspection work, handling complaints and grievances; some units have not established inspection organizations, have not assigned capable staff to perform inspection duties, and the phenomenon of organizational and office staff concurrently performing inspection duties is common.

To address the aforementioned situation, the Minister of Aquatic Resources directs:

1. The Ministry's Inspection Department shall coordinate with the Legal Affairs Department and relevant departments and bureaus of the Ministry to review all related documents concerning the organization and activities of Fisheries Inspection, propose recommendations to the Minister for amendments, supplements, and new construction of documents to improve the organizational structure of Fisheries Inspection from the central to local levels.

By the third quarter of 2007, organize a national conference to review two years of implementation of Decree No. 107/2005/NĐ-CP.

2. The Ministry's Inspection Department shall coordinate with the Cadre and Civil Servant Organization Department to improve the organization of the Ministry's Inspection Department according to Decision No. 08/2006/QĐ-BTS dated April 19, 2006 of the Minister of Aquatic Resources on the functions, tasks, powers, and organizational structure of the Ministry's Inspection Department; improve the organization of the departments under the Ministry's Inspection Department; supplement staffing according to the approved quota for 2007; the improvement of the Ministry's Inspection Department's organizational structure must be completed by the third quarter of 2007.

3. Local Departments of Aquatic Resources shall continue to improve the organization of their Inspection Departments in accordance with the provisions of Decree No. 107/2005/NĐ-CP dated August 17, 2005 of the Government and Circular Jointly Issued No. 01/2006/TTLT/BTS-BNV dated March 20, 2006 of the Ministry of Aquatic Resources and the Ministry of Home Affairs guiding the tasks, powers, organization, and staffing of local Fisheries Inspection. The improvement of the organization of the Inspection Department must ensure adequate staffing, efficiency, and effectiveness of inspection work, and simultaneously improve the organization of local sector management agencies to strengthen state management over aquaculture at the local level. Report the results of implementation to the Ministry of Aquatic Resources before December 31, 2007.

4. The Cadre and Civil Servant Organization Department shall lead and coordinate with the Ministry's Inspection Department to guide subordinate units of the Ministry and General Companies in improving their inspection organizations, selecting competent staff with professional qualifications to perform inspection duties:

- Each General Company must organize an inspection department or bureau, with at least two to three full-time inspectors.

- Each Institute, School, and Center must have one to two full-time inspectors within the organizational department.

5. Heads of subordinate units of the Ministry and General Managers of General Companies:

- Must reorganize their inspection organizations based on the guidance of the Ministry of Aquatic Resources. Report the results of implementation to the Ministry of Aquatic Resources before December 31, 2007.

- Must develop plans for inspections, audits, complaint resolution, implementation of the Law on Prevention and Combating Corruption, and the Law on Thrift and Anti-Waste; report periodically (every three months, six months, nine months, and annually) on the implementation of these plans to the Ministry of Aquatic Resources.

- Must comply with legal regulations on inspections and complaint resolution.

6. The Chief Inspector of the Ministry shall be responsible for monitoring and reporting regularly to the Minister on the implementation of this Directive.

This Directive shall take effect 15 days after its publication in the Official Gazette./.