Decision No. 17/2008/QD-BNN on the functions, tasks, powers, and organizational structure of the Plant Protection Department

Pursuant to …;

Regulations on the functions, tasks, powers, and organizational structure of the Plant Protection Agency

______________________________

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

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;

Pursuant to Article 19 of 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;

Considering the proposal of the Director of the Department of Personnel Organization,

DECISION:

Article 1. Position and Functions

The Plant Protection Agency is a subordinate agency under the Ministry of Agriculture and Rural Development, performing the function of advising the Minister in managing state affairs in the specialized sector and executing state management tasks in the plant protection, forest pest control, plant quarantine, pesticide, and specialized inspection on plant protection and quarantine sectors within the scope of state management of the Ministry.

The Plant Protection Agency has legal personality, its own bank account and seal, and operational funds as prescribed by law.

International trade name: Plant Protection Department, abbreviated as PPD.

The headquarters of the Agency is located in Hanoi and its permanent office is in Ho Chi Minh 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. Submit draft laws, ordinances, and draft regulatory legal documents for the specialized sector to the Ministry according to the annual legislative program and plans of the Ministry and projects, programs assigned by the Minister. Submit draft decisions, directives, and other documents within the authority of the Minister's command and direction to the Minister.

2. Submit strategies, plans, and long-term, five-year, and annual development plans; regional strategic plans, inter-regional, inter-provincial plans, and important programs, projects, and works within the specialized sector and field of management of the Agency as assigned by the Minister.

3. Issue individual documents and provide professional guidance on the specialized sector and field of management assigned. Announce detailed implementation plans for programs, projects, and works managed by the Ministry for each locality and unit after the overall plan for the field within the scope of management of the Agency has been approved by the Ministry.

4. Submit to the Ministry for promulgation strategies, plans, and development programs and organize direction, guidance, and supervision of the implementation of regulatory legal documents, strategies, plans, programs, projects, technical standards, procedures, norms, and economic-technical standards in the specialized sector that have been approved; direct and organize the dissemination, popularization, and education of laws in the specialized sector within the scope of management of the Agency.

5. On plant protection:

a) Direct and guide the investigation, detection, prediction, and forecasting of pests on major crops and forest trees. Guide and direct the application of measures to prevent and control major pests affecting key plant resources;

b) Submit to the Ministry for regulations on conditions for declaring pest outbreaks at provincial and central city levels and nationwide; declare pest outbreaks and revoke decisions on declaring pest outbreaks from two provinces or more;

c) Guide and direct localities to extinguish pest outbreaks and prevent the spread of diseases to other regions.

6. On plant quarantine:

a) Submit to the Ministry for promulgation: lists of regulated pests, objects subject to plant quarantine, and objects requiring risk analysis before importation into Vietnam during specific periods; issue national technical standards and regulatory legal documents on plant quarantine for export, import, temporary import for re-export, temporary export for re-import, and transit objects subject to plant quarantine;

b) Conduct plant quarantine for imports, exports, transits, temporary imports for re-export, temporary exports for re-import, and transit objects subject to plant quarantine;

c) Conduct post-import plant quarantine for crop seeds and beneficial organisms imported in accordance with domestic laws and international agreements on plant quarantine to which Vietnam is a party;

d) Direct and guide the implementation of domestic plant quarantine work at localities throughout the country;

đ) Manage activities related to the treatment of objects subject to plant quarantine in accordance with national regulations and international agreements to which Vietnam is a party;

e) Issue certificates of plant quarantine for imports, certificates of compliance with conditions for fumigation and disinfection for export, import, and transit objects infected with pests subject to plant quarantine;

g) Distribute and manage the use of uniforms, insignia, badges, and identification cards for plant quarantine officers.

7. Management of pesticides:

a) Propose and develop mechanisms and policies for pesticide management to submit to the Ministry;

b) Submit to the Ministry for promulgation lists of permitted, restricted, and prohibited pesticides in Vietnam;

c) Specify procedures for issuing and revoking practice certificates and permits for trading, producing, processing, repackaging, and packaging pesticides; specify conditions and procedures for issuing import permits for pesticides delegated by the Minister;

d) Issue and revoke import permits for restricted-use pesticides in Vietnam, pesticides outside the permitted list or not included in the permitted list for processing, repackaging, and packaging in Vietnam for re-export purposes, or for testing and use in foreign investment projects in Vietnam; permits for testing pesticides, registration certificates (including extended registration certificates and renewed registration certificates) for pesticides in Vietnam;

đ) Organize the implementation of pesticide registration;

e) Guide, manage, and organize the implementation of testing new pesticides;

g) Manage and organize the quality inspection of raw materials and finished products of exported and imported pesticides; finished products of pesticides stored in production plants, processing facilities, repackaging and packaging units, trading, and usage sites; residue testing of pesticides in agricultural and forestry products;

h) Guide the implementation of pesticide management at localities; guide the collection and destruction of pesticides and their packaging.

i) Submit to the Ministry the establishment and use of the fund and national reserve of plant protection chemicals. Guide the establishment of local reserves of plant protection chemicals, management systems, and usage methods for plant protection chemical reserves at provincial and centrally governed city levels;

k) Guide localities in inspecting the use of plant protection chemicals on crops to ensure food safety and hygiene;

8. Propose to the Ministry a list of investment programs and projects in the field of plant protection. Take the lead in reviewing and implementing the role of the main investor for programs and projects assigned by the Ministry to the Bureau;

9. Organize and direct the investigation, statistics, and management of databases related to crop production according to regulations;

10. Regarding science and technology:

a) Propose and submit to the Ministry scientific research programs, plans, and topics; applications of technological advancements and specialized techniques;

b) Lead the review of research outlines and topics; commission organizations and individuals to carry out research; accept and manage research results; and direct the implementation and application of technological advancements and techniques within the Bureau's jurisdiction;

c) Manage information on science and technology in specialized fields;

d) Participate in drafting national technical standards and regulations within the Ministry’s jurisdiction as assigned by the Minister. Issue foundational standards within specialized fields as assigned by the Minister;

11. Direct the implementation of agricultural extension activities in the areas of plant protection and quarantine as assigned by the Minister;

12. Regarding international cooperation:

a) Draft and submit to the Ministry international cooperation programs and projects within the Bureau's jurisdiction; participate in negotiations to sign and join international treaties and organizations related to plant protection, plant quarantine, and plant protection chemicals as assigned by the Minister;

b) Organize the implementation of international cooperation and funded international programs and projects as assigned by the Minister;

13. Regarding administrative reform:

a) Develop and implement plans for administrative reform according to the Ministry's plan and the Minister's directives;

b) Direct the review, systematization, and proposal for building institutional and legal systems within the Bureau's jurisdiction;

c) Direct the completion of functions, tasks, and authorities of subordinate organizations within the Bureau towards delegation and decentralization; submit to the Ministry proposals for decentralizing state management tasks and sectors to local governments;

d) Direct the implementation of regulations on self-management, self-responsibility for performing tasks, organizational structure, staffing, finance, and administrative reform; modernize office operations, apply information technology to serve Bureau activities;

14. Regarding state management of organizations providing public services within the Bureau's jurisdiction:

a) Submit to the Ministry mechanisms, policies, and technical standards for providing public services; promote socialization of public service activities within the sector;

b) Issue economic and technical norms, timeframes for providing public services within the sector;

c) Guide, inspect, and support organizations providing public services within the sector according to legal provisions;

15. Regarding state management of association and non-governmental organization activities within the Bureau's jurisdiction as assigned by the Minister:

a) Guide and facilitate associations and non-governmental organizations' participation in activities within the Bureau's jurisdiction; organize the collection and incorporation of their suggestions and critiques to improve state management regulations;

b) Recommend measures to address violations of laws by associations and non-governmental organizations operating within the sector;

16. Regarding organizational structure, staffing, and civil servants:

a) Draft proposals for the functions, tasks, authorities, and organizational structure of the Bureau; propose the establishment and restructuring of subordinate organizations;

b) Decide on the establishment of Bureau working groups; specify details about autonomous duties, organizational charters, and activities for state-owned enterprises under the Bureau according to regulations;

c) Submit to the Ministry annual staffing plans for the Bureau; decide on administrative staffing allocations for Bureau agencies;

d) Decide on sending civil servants, officials, and employees abroad for study and work according to the Ministry's cadre management hierarchy;

đ) Specify the authority and responsibility of heads of organizations under the Bureau;

e) Implement specific measures to strengthen administrative discipline; organize anti-corruption, waste prevention, and anti-bureaucracy, arrogance, and favoritism in Bureau units;

g) Implement recruitment, employment, transfer, retirement, salary, reward, and other systems for civil servants and employees under the Bureau's jurisdiction according to law and Ministry delegation; provide professional training as assigned by the Minister;

h) Develop professional standards for civil servant and employee positions within the sector as assigned by the Minister;

i) Report on organizational and personnel work and staffing according to regulations;

17. Regarding inspection and supervision:

a) Guide and inspect the implementation of policies and laws within the Bureau's jurisdiction according to regulations;

b) Resolve or participate in resolving complaints, accusations, and recommendations from organizations and citizens related to the Bureau's jurisdiction; organize citizen reception according to legal provisions;

c) Inspect and supervise the implementation of delegated management within the Bureau's jurisdiction. Conduct specialized inspections and handle violations according to the law;

d) Issue and manage the use of uniforms, insignias, badges, and inspection signs for Bureau inspectors according to regulations;

18. Regarding financial and asset management:

a) Submit to the Ministry the annual budget estimate and medium-term budget plan for the Bureau;

b) Be responsible for finalizing accounts of financial sources directly managed by the Bureau; manage and be accountable for state assets entrusted to the Bureau according to the分级授权 of the Minister and the provisions of law;

c) Organize the management of fees and charges in accordance with the provisions of law.

19. Perform other tasks as prescribed by specialized laws and the division of responsibilities and authority delegated by the Minister.

Article 3. Organizational Structure

1. Leadership of the Bureau:

The leadership of the Bureau consists of the Director and Deputy Directors appointed and relieved from duty by the Minister of Agriculture and Rural Development in accordance with regulations.

The Director oversees the operations of the Bureau, and is accountable to the Minister of Agriculture and Rural Development and to the law regarding the activities of the Bureau.

The Deputy Directors assist the Director in supervising and directing certain aspects of work as assigned by the Director, and are accountable to the Director and to the law for the tasks assigned.

2. Management structure:

a) Plant Protection Department;

b) Plant Quarantine Department;

c) Forest Pest Management Department;

d) Plant Protection Chemicals Management Department;

đ) Planning Department;

e) Finance Department;

g) Inspectorate of the Bureau;

h) Bureau Office;

i) Permanent unit in Ho Chi Minh City.

3. Affiliated agencies:

a) Regional I Plant Quarantine Service;

b) Regional II Plant Quarantine Service;

c) Regional III Plant Quarantine Service;

d) Regional IV Plant Quarantine Service;

đ) Regional V Plant Quarantine Service;

e) Regional VI Plant Quarantine Service;

g) Regional VII Plant Quarantine Service;

h) Regional VIII Plant Quarantine Service;

i) Regional IX Plant Quarantine Service.

4. Public service units:

a) Northern Plant Protection Center;

b) Region IV Plant Protection Center;

c) Central Vietnam Plant Protection Center;

d) Southern Plant Protection Center;

đ) Northern Plant Protection Chemical Testing and Evaluation Center;

e) Southern Plant Protection Chemical Testing and Evaluation Center;

g) Post-Import Plant Quarantine Center I;

h) Post-Import Plant Quarantine Center II;

i) Plant Quarantine Inspection Center.

The affiliated agencies and units of the Plant Protection Bureau specified in Clause 3 and 4 of this Article shall have their own seals and bank accounts in accordance with regulations. The Director of the Plant Protection Bureau shall define the functions, duties, appoint staff of the affiliated agencies and units according to the分级授权of the Ministry and issue the Bureau's operational regulations.

Article 4. Effective date

This Decision shall take effect fifteen days after its publication in the Official Gazette. Decree No. 88/2003/QĐ-BNN dated September 4, 2003, issued by the Minister of Agriculture and Rural Development, defining the functions, duties, powers, and organizational structure of the Plant Protection Bureau, and all previous regulations of the Ministry that conflict with this Decision are hereby repealed.

Article 5. Responsibilities for Implementation

The Director of the Plant Protection Bureau, the Head of the Ministry’s Office, the Heads of Departments, the Directors of other Bureaus, the Inspector General of the Ministry, and the Heads of related agencies and units are responsible for implementing this Decision./.