Decision No. 16/2006/QĐ-BNN Regarding the Functions, Duties, Authorities, and Organizational Structure of the Inspectorate of the Ministry

Pursuant to …;

Regarding the provision of functions, tasks, powers, and organizational structure of the Inspectorate of the Ministry

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THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Law on Inspection 2004;

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 Decree No. 153/2005/NĐ-CP dated December 15, 2005 of the Government stipulating the organization and operation of Agricultural and Rural Development Inspectors;

Pursuant to Article 18 of Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

Considering the proposal of the Chief Inspector of the Ministry and the Director of the Department of Organization and Cadres,

DECISION:

Article 1. Position and Functions

The Inspectorate of the Ministry is an organ of the Ministry of Agriculture and Rural Development responsible for assisting the Minister of Agriculture and Rural Development in state management of inspection work, performing administrative inspection tasks assigned by the Minister, and specialized inspections within the scope of state management of the Ministry of Agriculture and Rural Development.

The Inspectorate of the Ministry is directly managed and directed by the Minister of Agriculture and Rural Development, while also being guided and instructed on inspection work, organization, and procedures by the Government Inspectorate.

The Inspectorate of the Ministry has its own seal and account at the State Treasury in accordance with the provisions of the law.

Article 2. Tasks and Powers

1. Submit draft regulatory legal documents in the field assigned by the Minister to the Minister.

2. Compile and submit to the Minister the annual inspection program of the Ministry; take the lead and participate in drafting regulations on inspection, complaint resolution, and post-inspection implementation after approval by the Minister.

3. Serve as the permanent body for receiving citizens' complaints of the Ministry of Agriculture and Rural Development; serve as the permanent body of the Anti-Corruption Steering Committee of the Ministry; participate in various commendation boards, disciplinary boards, and other boards assigned by the Minister.

4. Guide and direct the implementation of preventive and anti-corruption tasks in accordance with the laws on anti-corruption.

5. Require officials under the management of the Minister to explain complaints and reports; conduct inspections, investigations, conclusions, and recommendations for resolving complaints and reports within the authority of the Minister as prescribed by law.

6. Direct and guide the organization and procedures of administrative and specialized inspections; guide the implementation of inspection plans, complaint resolution, and handling of subordinate agencies and units of the Ministry; coordinate with the Trade Union of the Agriculture and Rural Development sector to guide inspection procedures for people's inspection organizations of subordinate agencies and units of the Ministry.

7. Participate in training and enhancing inspection skills, complaint resolution, and anti-corruption for officials, civil servants, and employees of agencies and units under the Ministry; guide and enhance specialized inspection skills for Provincial Agricultural and Rural Development Inspectors.

8. Inspect the performance of functions and tasks, compliance with policies and laws by agencies, organizations, and individuals under the management of the Ministry.

9. Inspect and check the responsibility of heads of agencies and units under the management of the Ministry in implementing legal provisions on inspection work, complaint resolution, and anti-corruption.

10. Inspect compliance with technical standards, production conditions, and business practices of agencies, organizations, and individuals within the scope of state management of the Ministry.

11. Decide on administrative penalties in the fields of agriculture and rural development in accordance with the law.

12. Notify relevant agencies and units of the Ministry about the conclusions of the Chief Inspector of the Ministry and the Minister regarding inspected cases, resolved complaints and reports; monitor, inspect, and urge the implementation of decisions after inspections and decisions on complaint resolutions that have legal force issued by the Minister and competent state authorities as prescribed by law.

13. Recommend competent authorities to suspend illegal acts in the fields of agriculture and rural development when there is sufficient evidence to determine that such acts cause damage to national interests or the legitimate rights and interests of citizens, or revoke regulations contrary to the law on agriculture and rural development discovered through inspections.

14. Summarize and report periodically to the Minister and the General Inspector on the results of inspections, complaint resolution, anti-corruption within the scope of state management of the Ministry; draw lessons from summaries, build inspection procedures within the scope of state management of the Ministry.

15. Participate in implementing administrative reform contents according to the program and plan of the Ministry.

16. Perform other tasks assigned by the Minister and other tasks and powers as prescribed by law.

Article 3. Organizational Structure

 1. Leadership of the Inspectorate:

The leadership of the Inspectorate consists of the Inspector General and Deputy Inspector Generals. The Inspector General is appointed by the Minister of Agriculture and Rural Development after consultation with the Chief Inspector; he is responsible to the Minister of Agriculture and Rural Development, to the Chief Inspector, and to the law regarding the activities of inspection and the tasks assigned.

Deputy Inspector Generals are appointed by the Minister of Agriculture and Rural Development upon the recommendation of the Inspector General; they assist the Inspector General, undertake specific tasks assigned by the Inspector General, and are responsible to the Inspector General and to the law for the performance of their assigned duties.

The number of Deputy Inspector Generals shall not exceed three; in special cases, the Minister of Agriculture and Rural Development will consider and decide.

2. Management apparatus of the Ministry's Inspectorate:

a) Administrative and General Affairs Department;

b) Administrative Inspection Department;

c) Specialized Inspection Department;

d) Public Reception and Complaint Resolution Department;

e) Post-inspection Handling and Anti-corruption Department;

g) Southern Region Permanent Office.

The Inspector General stipulates the functions and responsibilities of the departments and units mentioned above and issues the Inspectorate's operational regulations.

3. Inspectors, civil servants, and staff inspectors are responsible to the Inspector General and to the law for performing their assigned tasks; they have obligations and rights as prescribed by law.

4. Staffing of the Ministry's Inspectorate: The Inspector General and the Director of the Personnel Department shall submit to the Minister for decision.

Article 4. Effective date

This Decision takes effect fifteen days from the date of publication in the Government Gazette; it replaces Decision No. 97/2003/QĐ-BNN dated September 4, 2003, issued by the Minister of Agriculture and Rural Development, which stipulates the functions, responsibilities, authorities, and organizational structure of the Ministry's Inspectorate and other provisions in previous documents of the Ministry that conflict with this Decision. The Inspector General, the Director of the Ministry's Office, the Director of the Personnel Department, the Chairpersons of Provincial People's Committees under the Central Government, the Directors of Departments of Agriculture and Rural Development, and the Heads of units under the Ministry and related entities are responsible for implementing this Decision./.

Article 5. Responsibilities for Implementation

The Inspector General of the Ministry, the Director of the Ministry’s Office, the Head of the Cadre and Civil Service Organization Department, the Chair of the People's Committee of provinces and centrally governed cities, the Directors of Departments of Agriculture and Rural Development, and the Heads of units under the Ministry and related entities are responsible for implementing this Decision./.