Decision No. 100/2006/QD-BNN on the functions, tasks, powers, and organizational structure of the Forest Management Department

Pursuant to …;

Regulations on functions, tasks, powers, and organizational structure

of the Forest Management Department

__________________

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 86/2003/NĐ-CP dated July 18, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Article 19 of Decree No. 86/2002/NĐ-CP dated November 5, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

At the proposal of the Director of the Cadre and Civil Servant Organization Department.

DECISION:

Article 1. Position and Functions

The Forest Management Department is a subordinate agency under the Ministry of Agriculture and Rural Development, performing state management functions in the forestry sector throughout the country.

The Forest Management Department has legal personality, its own seal, operating funds, and is entitled to open bank accounts in accordance with the law.

The headquarters of the Forest Management Department is 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;

The Forest Management Department is assigned by the Minister to perform state management functions in the forestry sector regarding forest management, forest development, and forest utilization throughout the country, specifically as follows:

1. Submitting to the Minister draft laws, draft ordinances, and draft regulatory legal documents within the scope of management of the Department.

2. Submitting to the Minister strategies, plans for development, policies, five-year and annual plans, programs, projects, and proposals concerning forestry within the scope of management of the Department.

3. Issuing guiding documents on specialized and professional matters within the scope of management of the Department.

4. Directing, guiding, inspecting, and being responsible for implementing regulatory legal documents, plans, programs, projects, standards, procedures, regulations, economic and technical norms that have been approved, and disseminating, popularizing, and educating about laws related to the specialized management of the Department.

5. Regarding specialized forestry management:

a) Forest management:

- Managing basic forestry surveys: reviewing and managing the implementation of basic forestry survey projects, investing in raw material areas linked to preservation and processing of forest products according to planning;

- Guiding the investigation, determination, and demarcation of boundaries of various types of forests on maps and on-site up to commune level;

- Managing overall planning of various types of forests and forest land;

- Compiling the monitoring of changes in forest resources and land for forest development;

- Chairing the review of plans and programs for the use and change of purpose of forest land;

- Guiding the establishment and management of files for the allocation, leasing of forests and land for forest development; guiding registration and recognition of ownership rights over production forests as planted forests, and usage rights over forests. Managing, monitoring, and compiling work on forest allocation, leasing, recovery, and change of purpose of forests linked to allocation and leasing of forest land.

b) Forest development:

- Managing plans, programs, and projects on afforestation, forest improvement, and enrichment planting;

- Chairing the development of procedures, norms, and economic and technical standards on afforestation, forest improvement, and natural regeneration promotion and forest nurturing and enrichment;

- Organizing agricultural extension activities in the forestry sector according to the division of labor by the Minister.

c) Forest utilization:

- Directing the preparation and approval of plans for harvesting natural forests and sustainable forest management;

- Submitting to the Ministry the annual plan for wood and other forest product extraction;

- Reviewing the comprehensive design documents for the harvesting of natural forest wood submitted by provinces and centrally-administered cities;

- Approving the harvesting of plantation wood from state budget sources for units under the Ministry;

- Guiding the use of wood and other forest products;

- Monitoring the export and import of wood and other forest products; proposing appropriate management measures;

- Participating in the management of wood preservation and processing;

d) Regarding forest tree seeds:

- Surveying and statistics on forest tree seedlings; collecting, preserving, and using forest tree seedlings; procedures, norms, techniques, and technology on forest tree seedlings;

- Managing the quality of forest tree seedlings and activities for quality inspection and testing of forest tree seedlings; organizing seedling garden certification and recommending new forest tree seedling varieties;

- Issuing and revoking permits and certificates regarding forest tree seedlings within the authority granted;

- Submitting to the Minister for issuance of lists of permitted forest tree seedling varieties for production and trade, and other lists as prescribed by law;

- Managing the export and import of forest tree seedlings;

- Managing the selection, trial, testing, production, and trade of forest tree seedlings;

- Building and managing databases on forest tree seedlings.

đ) Collecting information, compiling reports, and building databases to serve the management work of the Department.

e) Managing forestry materials.

6. Regarding science and technology:

a) Preparing and submitting to the Minister programs, plans, and research topics on scientific progress and technological advancements in forestry; managing and organizing the implementation of research results and technological advancements within the scope of specialized management of the Department.

b) Uniformly managing plant and animal gene funds in forestry in accordance with the law.

c) Chairing and participating in the development of quality standards for forest tree seedlings, forestry products, and forestry materials.

d) Organizing the collection and management of specialized science and technology information.

đ) Implementing quality management of specialized forestry products and goods according to the division of labor by the Minister.

e) Participating in the development of lists of rare plants and animals in forests that need conservation.

g) Managing the export and import of genetic resources of forest trees and wild animals for research and technical exchanges.

7. Participating in training and professional development in specialized fields.

8. Submitting to the Ministry mechanisms and policies for developing markets for forest products; participating in the development and forecasting of market trends for wood and other forest products; organizing and participating in forestry achievement fairs and exhibitions.

9. Develop international cooperation programs and projects in forestry; participate in negotiations to sign and join international treaties and international organizations in forestry; organize the implementation of international cooperation programs and projects according to the division of labor by the Minister.

10. Manage public service units in forestry according to the division of labor by the Minister.

11. Participate in managing the activities of associations and non-governmental organizations in the forestry sector according to the division of labor by the Minister.

12. Conduct inspections and audits; resolve complaints and denunciations; combat corruption and malpractice and handle violations within the scope of management of the Bureau.

13. Build and implement the Bureau's administrative reform program in accordance with the objectives and content of the Ministry's administrative reform program.

14. Manage the organization, staffing, and establishment of the Bureau in accordance with regulations; implement salary systems and incentive policies, rewards, and disciplinary measures for civil servants and officials under the Bureau's jurisdiction in accordance with regulations.

15. Manage finances, assets, and other resources assigned; organize the implementation of the budget allocated in accordance with regulations.

16. Carry out tasks and manage the Office of the Steering Committee for the New Forest Planting Project of Five Million Hectares, the Partner Office of the Forestry Support Program; carry out tasks of the Office of the Permanent Secretariat of the Convention to Combat Desertification; implement the Protocol on Community Forestry Development in the Asia-Pacific Region;

17. Perform other tasks assigned by the Minister.

Article 3. Organizational Structure

1. Leadership of the Bureau:

The Bureau leadership consists of the Director and Deputy Directors appointed by the Minister of Agriculture and Rural Development.

The Director manages the operations of the Bureau, is responsible to the Minister of Agriculture and Rural Development and to the law regarding the Bureau's activities and assigned tasks.

Deputy Directors assist the Director, are responsible to the Director and to the law regarding the execution of assigned tasks. The number of Deputy Directors shall not exceed three persons.

2. Management Machinery of the Bureau:

a) Administrative-Integration Department;

b) Inspection-Legal Affairs Department;

c) Forest Management Department;

d) Forest Development Department;

e) Forest Utilization Department;

f) Permanent Office in Ho Chi Minh City.

Each Department of the Bureau has a Head and from one to two Deputy Heads.

3. Subordinate Units

The Director of the Forestry Bureau is tasked with developing proposals for establishing subordinate units, to be submitted to the Minister for decision.

The Director of the Forestry Bureau specifies the specific duties of Departments and Permanent Offices; promulgates and implements work regulations and staff assignments to ensure the full completion of tasks assigned by the Ministry.

Article 4. Effective date

This Decision takes effect fifteen days after its publication in the Official Gazette. Repeals Decision No. 91/2003/QĐ-BNN dated September 4, 2003 of the Minister of Agriculture and Rural Development on the functions, tasks, powers, and organizational structure of the Forestry Bureau. Abolishes previous regulations of the Ministry of Agriculture and Rural Development that conflict with this Decision.

Article 5. Responsibilities for Implementation

The Chief of the Office, Heads of the Cadre and Civil Service Department, Director of the Forestry Bureau, and Heads of related agencies and units under the Ministry are responsible for implementing this Decision.