✦ 智能摘要
Decision No. 05/2010/QD-TTg stipulates the functions, tasks, powers, and organizational structure of the Fisheries General Department under the Ministry of Agriculture and Rural Development. This Decision applies to the Fisheries General Department and its subordinate units. Notably, the Director of the Fisheries General Department is concurrently held by a Deputy Minister of the Ministry of Agriculture and Rural Development, who is responsible for all activities of the General Department under the law.
适用范围
The Fisheries General Department and the agencies and units directly under the Fisheries General Department.
要点
- The Fisheries General Department is an agency directly under the Ministry of Agriculture and Rural Development, performing the function of advising the Minister on state management and implementing state management tasks related to fisheries.
- The General Department has legal personality, a seal with the National Emblem, a separate account, operational funds provided by the state budget, and its main office is located in Hanoi City.
- The Fisheries General Department develops and submits draft laws, resolutions, strategies, plans, and development programs on fisheries to the Minister for promulgation; establishes national standards and organizes the implementation of legal documents on fisheries.
- The General Department manages the protection and development of fishery resources, fishing activities, aquaculture, management of fishing vessels and service facilities for fishery operations, and supervises the enforcement of laws on fishing and the protection of fishery resources.
- The organizational structure of the General Department includes nine units: Planning and Finance Department; Science, Technology, and International Cooperation Department; Aquaculture Department; Fishery Resource Exploitation and Protection Bureau; General Department Office (with a representative in Ho Chi Minh City); Inspectorate of the General Department; Institute of Fisheries Economy and Planning; Aquaculture Testing, Inspection, and Certification Center; Fisheries Information Center.
🌐 本文件的社会影响
- Positive impact: Strengthening state management over fisheries, protecting and developing fishery resources.
- Negative impact: It may cause difficulties in managing the operations of the Fisheries General Department due to a complex organizational structure.
❓ 常见问题
Who appoints the Director of the Fisheries General Department?
The Director of the Fisheries General Department is concurrently held by a Deputy Minister of the Ministry of Agriculture and Rural Development.
Does the Fisheries General Department have legal personality?
Yes, the Fisheries General Department has legal personality, a seal with the National Emblem, and a separate account.
What functions does the Fisheries General Department perform regarding state management?
The Fisheries General Department advises the Minister on state management and implements state management tasks related to fisheries.
How many subordinate units does the Fisheries General Department have?
There are nine subordinate units: Planning and Finance Department; Science, Technology, and International Cooperation Department; Aquaculture Department; Fishery Resource Exploitation and Protection Bureau; General Department Office (with a representative in Ho Chi Minh City); Inspectorate of the General Department; Institute of Fisheries Economy and Planning; Aquaculture Testing, Inspection, and Certification Center; Fisheries Information Center.
What functions does the Fisheries General Department have regarding the protection of fishery resources?
The Fisheries General Department compiles the list of fish species recorded in Vietnam's Red Book and other prohibited or temporarily prohibited fish species; develops plans for the establishment and classification of inland water conservation areas and marine conservation zones; formulates regulations for the management of conservation areas of national and international importance under the jurisdiction of the Ministry of Agriculture and Rural Development.
全文
Pursuant to …;
||| Regulations on functions, tasks, powers, and organizational structure of
The Fisheries General Department is under the Ministry of Agriculture and Rural Development.
________________
PRIME MINISTER
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;
Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; and Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;
Considering the proposal of the Minister of Agriculture and Rural Development,
DECISION:
Article 1. Position and Functions
1. The Fisheries General Department is an agency under the Ministry of Agriculture and Rural Development, performing the function of advising and assisting the Minister of Agriculture and Rural Development in state management and enforcement of state management over fisheries; managing and directing service activities within its scope of management.
2. The Fisheries General Department has legal personality, a seal with the National Emblem, a separate account, operational funds provided by the state budget, and its main office located in Hanoi City.
b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;
1. Drafting and submitting to the Minister of Agriculture and Rural Development for issuance within his/her authority or for the Minister of Agriculture and Rural Development to submit to competent state agencies:
a) Draft laws, draft resolutions of the National Assembly; draft ordinances, draft resolutions of the Standing Committee of the National Assembly; draft decrees of the Government, draft decisions of the Prime Minister on fisheries;
b) Strategies, plans, long-term, five-year, annual plans, programs, projects, proposals, and important national works on fisheries;
c) National technical standards, professional procedures, technical regulations, and economic-technical norms specific to fisheries.
2. Drafting national standards and submitting them to the Minister of Agriculture and Rural Development for submission to the competent authority for review and promulgation.
3. Organizing the dissemination, popularization, and education on laws related to fisheries.
4. Implementing regulatory documents, strategies, plans, programs, projects, and proposals on fisheries after approval or issuance.
5. Issuing guidance documents on professional matters, internal regulatory documents, and individual documents within the scope of management of the Fisheries General Department; reviewing and announcing industry-based standard conditions.
6. On protection and development of fishery resources:
a) Directing and guiding investigations, research, assessment, and protection of living environments of aquatic species; conservation and development of fishery resources;
b) Drafting and submitting to the Minister of Agriculture and Rural Development for promulgation the List of aquatic species listed in the Red Book of Vietnam and other species prohibited from exploitation, prohibited from exploitation for a limited time; regulations on methods of exploitation, occupations, means, seasons, and areas of exploitation to protect and develop fishery resources;
c) Drafting and submitting to the Minister of Agriculture and Rural Development for promulgation draft standards for classification and announcement of protected areas; planning, construction, and hierarchical management of inland water protected areas, marine protected areas; management regulations of nationally and internationally significant protected areas under the jurisdiction of the Ministry of Agriculture and Rural Development.
7. Regarding fishing activities:
a) Directing and guiding restructuring production and occupational transformation in coastal fishing activities;
b) Directing and organizing surveys and assessments of fishery resources in each sea area, fishing grounds, large rivers, and lakes; forecasting and announcing fishing grounds, exploitation areas, and allowable annual catch volumes in each sea area and fishing ground; establishing a management information system for distant-water fishing operations;
c) Drafting and submitting to the Minister of Agriculture and Rural Development for division of sea zones and fishing lines; allocation and hierarchical management of fishing zones and management regulations of fishing zones; guiding implementation of fishing zone management regulations;
d) Drafting and submitting to the Minister of Agriculture and Rural Development for issuance of regulations on procedures, authorities for granting and revoking fishing permits; formats, management systems, and contents of fishing logs; contents and reporting systems for fishing activities;
đ) Guiding measures to prevent, avoid, and mitigate the impact of natural disasters during fishing operations.
8. Regarding aquaculture:
a) Guiding the transfer, leasing, and recovery of land and water surfaces for aquaculture according to regulations;
b) Guiding and directing concentrated aquaculture zones. Drafting and submitting to the Minister of Agriculture and Rural Development for issuance of water quality standards for aquaculture; technical standards for aquaculture facilities; management and operation regulations for concentrated aquaculture zones;
c) Guiding and inspecting seedlings, feed, chemicals, drugs, biological preparations; disease prevention and environmental management in aquaculture;
d) Guiding, controlling trade, import, and export of rare and endangered aquatic species at risk of extinction. Organizing and directing testing, inspection, and certification activities in aquaculture.
9. Managing fishing vessels and service establishments engaged in fisheries activities:
a) Guiding and approving design documentation for new construction and modification of fishing vessels; quality and safety technical standards; environmental protection standards for fishing vessels as prescribed;
b) Implementing vessel registration inspections for fishing vessels under the responsibility of the Fisheries General Department;
c) Drafting and submitting to the Minister of Agriculture and Rural Development for issuance model regulations on fishing port, dock, and anchorage area management; technical standards for fishing ports and anchorage areas; model regulations on management and technical standards for major seafood markets.
10. Directing activities to ensure safety for people and fishing vessels engaged in fishing operations:
a) Establish, submit to the Minister of Agriculture and Rural Development regulations on organization, operation, procedures, files, inspection forms, registration of fishing vessels and crew members; safety conditions for people and fishing vessels;
b) Coordinate with relevant ministries, sectors, and coastal provincial People's Committees to manage fishing vessels engaged in marine fishery activities in various sea areas and fishing routes; organize management, guide communication information, disaster prevention, search and rescue operations for fishing vessels at sea.
11. Regarding supervision of the implementation of laws on fishing and protection of aquatic resources:
a) Organize supervision of law enforcement and coordinate with relevant departments and levels in combating violations of laws on fishing and protection of aquatic resources as prescribed by law;
b) Handle violations of laws in the field of fisheries within their authority as prescribed by law;
c) Chair or coordinate in resolving disputes related to fishing and protection of aquatic resources within their authority; coordinate in handling foreign vessels illegally engaging in fishing activities in Vietnam’s maritime zones;
d) Organize guidance on activities and build inspection forces for the implementation of laws on fishing and protection of aquatic resources as prescribed by law.
12. Implement scientific research, application of scientific and technological progress in the field of fisheries and fishery promotion according to the classification of the Minister of Agriculture and Rural Development.
13. Implement international cooperation in fisheries according to the classification of the Minister of Agriculture and Rural Development and as prescribed by law.
14. Implement administrative reform in the field of fisheries according to the Ministry of Agriculture and Rural Development's administrative reform plan.
15. Manage organizational structure and staffing; implement salary systems and incentive policies, commendation, rewards, disciplinary measures for civil servants and employees under the General Department; practice thrift, prevent waste; prevent corruption in the General Department; participate in training and professional development for civil servants and employees under the General Department's management according to law and the classification of the Minister of Agriculture and Rural Development;
16. Guide and supervise the activities of associations and non-governmental organizations in the field of fisheries according to the classification of the Minister of Agriculture and Rural Development and as prescribed by law.
17. Supervise, inspect, resolve complaints and accusations, and handle violations in the field of fisheries.
18. Manage construction investment according to the classification of the Minister of Agriculture and Rural Development and as prescribed by law.
19. Manage financial resources and assets as prescribed. Manage the Vietnam Fisheries Resource Restoration Fund and international financial sources supporting the fisheries sector.
20. Perform the permanent duty of the Vietnam-China Fishery Cooperation Committee in the Gulf of Tonkin; represent the Southeast Asian Fisheries Development Center - SEAFDEC in Vietnam; Office of the Steering Committee for the Program of Protection and Development of Aquatic Resources.
21. Perform other tasks assigned by the Minister of Agriculture and Rural Development or as prescribed by law.
Article 3. Organizational Structure
1. Planning and Finance Department;
2. Science, Technology and International Cooperation Department;
3. Aquaculture Department;
4. Bureau of Fisheries Exploitation and Aquatic Resource Protection;
5. General Department Office (with representation in Ho Chi Minh City);
6. General Department Inspectorate;
7. Institute of Economics and Fisheries Planning;
8. Aquaculture Testing, Inspection, and Certification Center;
9. Fisheries Information Center.
In this Article, organizations from Clause 1 to Clause 6 assist the General Department Director in performing state management functions; organizations from Clause 7 to Clause 9 are subordinate public service units of the General Department.
Article 4. Leadership of the General Department
1. The Fisheries General Department has a Director and not more than three Deputy Directors.
2. The General Department of Fisheries is concurrently held by a Deputy Minister of Agriculture and Rural Development, who is responsible to the Minister of Agriculture and Rural Development and to the law for all activities of the General Department.
The General Department Director of Fisheries prescribes the functions, tasks, authorities, and organizational structures of subordinate agencies and units; issues the General Department's operational regulations; appoints, dismisses, and removes leaders and managers under the General Department according to law and the classification of personnel management by the Minister of Agriculture and Rural Development.
3. Deputy Directors of the General Department are appointed, dismissed, and removed by the Minister of Agriculture and Rural Development upon the recommendation of the General Department Director; they are responsible to the General Department Director and to the law for the assigned work.
Article 5. Effectiveness and Responsibility for Implementation
1. This Decision takes effect from March 15, 2010.
2. The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees directly under the Central Government, and the General Department Director of Fisheries are responsible for implementing this Decision./.
原始文件（PDF）
关系图
↑ 依据及影响本文件的文件
依据 4
01/2008/NĐ-CP
Nghị định số 01/2008/NĐ-CP Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Nông nghiệp và Phát triển nông thôn
已失效
75/2009/NĐ-CP
Nghị định số 75/2009/NĐ-CP Sửa đổi Điều 3 Nghị định số 01/2008/NĐ-CP ngày 03 tháng 01 năm 2008 của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Nông nghiệp và Phát triển nông thôn
已失效
178/2007/NĐ-CP
Nghị định số 178/2007/NĐ-CP Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ, cơ quan ngang Bộ
已失效
32/2001/QH10
Luật Tổ chức Chính phủ số 32/2001/QH10
已失效
05/2010/QĐ-TTg
Decision No. 05/2010/QD-TTg stipulates the functions, tasks, powers, and organizational structure of the Fisheries General Department under the Ministry of Agriculture and Rural Development.
Expired
↓ 受本文件影响的文件
替代 1
57/2014/QĐ-TT
Quyết định số 57/2014/QĐ-TTg Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Tổng cục Thủy sản thuộc Bộ Nông nghiệp và Phát triển nông thôn
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Tiếng Việt
Quyết định số 05/2010/QĐ-TTg Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Tổng cục Thủy sản trực thuộc Bộ Nông nghiệp và Phát triển nông thôn
한국어
결정 제 05/2010/QĐ-TTg 직속 부속 농업 및 농촌 발전부 산하 수산총국의 기능, 임무, 권한 및 조직 구조에 관한 규정
中文
决定第05/2010/QĐ-TTg号关于农业和农村发展部下属渔业总局的职能、任务、权限和组织结构的规定