Decree No. 199/2013/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development

DECREE

Regulations on functions, tasks, powers, and organizational structure

of the Ministry of Agriculture and Rural Development

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

At the proposal of the Minister of Agriculture and Rural Development;

The Government promulgates the Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development,

Article 1. Position and Functions

The Ministry of Agriculture and Rural Development is an agency of the Government, implementing state management functions over sectors and fields: agriculture, forestry, salt industry, fisheries, irrigation, and rural development throughout the country; managing public services in sectors and fields under the Ministry's jurisdiction.

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 Ministry of Agriculture and Rural Development performs the tasks and powers as prescribed in the Government's Decree No. 36/2012/NĐ-CP dated April 18, 2012, stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, and the following specific tasks and powers:

1. Submit to the Government 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 according to the annual legislative program and plan of the Ministry that has been approved, and other resolutions, mechanisms, policies, projects, programs, regulatory documents within the Ministry’s jurisdiction as assigned by the Government and the Prime Minister.

2. Submit to the Government strategies, plans, long-term, five-year, and annual plans for development, and important national projects and works within the sectors and fields managed by the Ministry.

3. Submit to the Prime Minister draft decisions, directives, and other documents within the Prime Minister's authority to issue.

4. Approve strategies, plans, and programs for developing sectors and fields within the Ministry’s jurisdiction according to the分级授权和总理的委托。

5. Issue circulars, decisions, directives, national technical standards, procedures, norms, economic and technical quotas; organize the establishment of national standards on sector management within the Ministry’s jurisdiction according to the law; guide, inspect the implementation of these documents.

6. Announce, direct, guide, inspect, audit, evaluate, compile reports, and be responsible for implementing mechanisms, policies, strategies, plans within the Ministry’s jurisdiction that have been approved; promote, disseminate, and educate the law regarding sectors and fields within the Ministry’s jurisdiction.

7. Inspect regulatory documents issued by other Ministries, People's Councils, Provincial People's Committees directly under the Central Government related to sectors and fields within the Ministry’s jurisdiction; if discovering regulations issued by those agencies that appear to violate regulatory documents within the Ministry’s jurisdiction, handle them according to the law.

8. Regarding investment and construction management:

a) Implement state management tasks over specialized sectors and fields within the Ministry’s jurisdiction according to the law; review the contents of preliminary feasibility study reports and feasibility study reports of programs and projects within the sectors and fields; approve and decide on investment projects within the Ministry’s authority according to the law;

b) Guide, inspect, audit, supervise, and evaluate investment and construction programs and projects within the Ministry’s decision-making authority according to the law;

c) Organize comprehensive supervision and evaluation of investment within the Ministry’s sectoral and field jurisdiction according to the law.

9. Regarding agriculture (crop cultivation, animal husbandry):

a) Direct the establishment and inspection of the implementation of planning for the development of crop planting regions, concentrated animal husbandry regions, safe agricultural product production; plans for the use, protection, and improvement of agricultural land fertility; prevention of soil erosion, desertification, and landslides;

b) Direct and guide the implementation of budget usage for programs to prevent, control, and mitigate the consequences of animal and plant diseases;

c) Direct the implementation of crop and livestock structure; planting and breeding techniques, harvesting, storage, and annual crop and livestock production plan execution summary and assessment;

d) Direct the implementation of state management tasks concerning agricultural crop and livestock seeds, livestock feed, fertilizer, plant quarantine, and veterinary health according to the law.

10. Regarding forestry:

a) Direct, guide, and inspect the implementation of government and prime minister policies and mechanisms for forestry development; forest management regulations; systems for managing and protecting endangered and precious forest flora and fauna species and lists of such species according to the law;

Take the lead and coordinate with relevant ministries and sectors to manage special-use forests, protect forest ecosystems, and forest wildlife according to the law;

Submit to the Prime Minister for approval the establishment of planning for the system and change of purpose of use of protective forests and special-use forests of national importance or spanning multiple provinces.

b) Direct, guide, and inspect combined agricultural and fishery production in protective forests;

c) Direct the implementation of policies for compensating for forest environmental services as prescribed by law;

d) Direct the implementation of state management tasks concerning forest management, development, protection, utilization; timber extraction and processing; forestry seedlings according to the law on forest protection and development.

11. Regarding salt production:

a) Direct, guide, and inspect production techniques, harvesting, and annual production plan implementation summary and assessment;

b) Issue and inspect the implementation of national technical standards (excluding medical salt), procedures for salt production, processing, and preservation, and salt products.

12. Regarding fisheries:

e) Implement state management tasks concerning fishery surveillance according to the law;

b) Direct, guide, and inspect the implementation of regulations on marine conservation areas and inland water conservation areas related to fishery resources according to the division of labor by the Government;

c) Guide and inspect the implementation of fishery resource exploitation, protection, and development plans of provinces and centrally-administered cities; management regulations on fishery resource exploitation, protection, and development after approval by competent authorities;

d) Direct, guide, and inspect the implementation of concentrated aquaculture region planning; prevention and control of aquatic animal diseases;

đ) Specify the list of aquatic species that need conservation, protection, and regeneration; measures to protect the environment of aquatic ecosystems, conserve genetic diversity, and biodiversity of aquatic species according to the law;

e) Implement state management tasks regarding fisheries surveillance as prescribed by law;

g) Direct the implementation of state management tasks regarding fisheries activities as prescribed by laws on fisheries.

13. Regarding water resources:

a) Implement state management tasks concerning planning for flood prevention along river lines with dykes, dyke planning, investment in construction, repair, upgrading, and reinforcement of dykes; management, protection, and utilization of dykes as stipulated in the Dyke Law and other relevant laws.

b) Implement state management tasks concerning disaster prevention and mitigation as prescribed by the Dyke Law, the Law on Disaster Prevention and Control, and other relevant laws.

c) Implement state management tasks concerning the exploitation and protection of irrigation works as prescribed by laws.

d) Direct, guide, and inspect the implementation of strategies and plans for irrigation; strategies for disaster prevention, control, and reduction after approval by the Government.

đ) Direct, guide, and inspect the establishment, approval, and organization of implementation of irrigation plans serving agriculture and multiple purposes linked to various economic and social sectors as prescribed by laws.

e) Approve irrigation plans, rural clean water supply plans involving two or more provinces, systems of irrigation works, and technically complex or large-scale irrigation works within a province serving flood prevention, drainage, water supply; drought prevention, saltwater intrusion prevention; land improvement; bank erosion prevention along rivers and coasts; rural water supply and drainage according to laws.

g) Direct, guide, and inspect the approval of irrigation plans, systems of irrigation works, clean water supply, and rural environmental sanitation within the provincial level as prescribed by laws.

h) Direct, guide, and inspect the preparation of plans for the construction, management, operation, and protection of rural water supply and drainage works.

i) Implement state management tasks concerning dam safety and reservoirs for irrigation according to laws; perform tasks within the scope of state management of the Ministry as prescribed by the Water Resources Law and other relevant laws.

14. Regarding rural development:

a) Direct and implement the national target program for新农村建设；消除贫困项目的实施，按照政府的分工；

b) Consolidate and submit to the Premier of the State Council for approval the plan for structural adjustment of the economy and the overall development program for rural areas; the strategy for developing rural industries and crafts linked to households and cooperatives at the township level;

c) Lead, guide, and inspect the implementation of resettlement plans for residents affected by irrigation and hydropower projects; stabilize the population in disaster-prone, particularly difficult, border, island, coastal inundation areas due to climate change, spontaneous migration, weakly and extremely weak forest protection zones; direct, guide, and inspect the implementation of permanent settlement and population arrangement in rural areas, ethnic minority regions, and mountainous areas according to national economic and social development plans;

d) Implement programs and projects for constructing technical infrastructure in rural areas as assigned by the Government.

15. Regarding enterprises, cooperatives, and other forms of collective and private economies:

a) Submit to the Government for issuance of mechanisms and policies to encourage and support household economies, farms, cooperative economies in sectors and fields under the Ministry's jurisdiction;

Coordinate with the Ministry of Planning and Investment and related ministries and agencies to develop mechanisms and policies to encourage and support investment by enterprises in agriculture and rural areas, and provide guidance on their development.

b) Guide and inspect compliance with business and service regulations with conditions according to the list prescribed by the Government and handle violations within authority.

c) Perform the rights, responsibilities, and obligations of the state owner as delegated and authorized by the Government for wholly state-owned limited liability companies and state capital invested in other enterprises organized and operated according to the Enterprise Law and other relevant laws.

16. Regarding processing, storage, transportation, and trading of agricultural, forestry, fishery products, and salt:

a) Direct, guide, and inspect the implementation of planning, programs, mechanisms, and policies for the development of processing industries linked to production and markets in sectors under the Ministry's jurisdiction; policies for developing agricultural machinery, rural industries, and crafts linked to households and cooperatives after approval by competent authorities;

b) Direct, guide, inspect, and evaluate the development of processing industries for goods and fields such as agricultural machinery, rural industries, and crafts, post-harvest preservation under the Ministry's jurisdiction;

c) Guide the transportation, export, and import of goods under specialized agricultural, forestry, fishery, and salt administration.

17. Manage the national reserve of crop seeds, plant protection chemicals, veterinary drugs, and other goods as assigned by the Government.

18. Regarding science and technology:

a) Direct scientific research and technological development in sectors and fields under the Ministry's jurisdiction; mechanisms and policies on agriculture, farmers, and rural areas;

b) Direct the implementation of state management tasks concerning high-tech applications in agriculture as prescribed by laws on high technology.

19. Direct the implementation of state management tasks concerning agricultural extension services as prescribed by laws on agricultural extension.

20. Direct the implementation of state management tasks concerning the quality and safety of food products from agricultural, forestry, fishery products, and salt as prescribed by the Food Safety Law, the Law on Product Quality, the Law on Standards and Technical Regulations, and other relevant laws.

21. Regarding environmental protection, climate change, and biodiversity:

a) Direct the implementation of state management tasks concerning environmental protection for production, business, and service activities under the Ministry's jurisdiction as prescribed by laws.

b) Direct the implementation of state management tasks concerning biodiversity and biosafety in sectors and fields under the Ministry's jurisdiction as prescribed by laws.

c) Direct and implement tasks to respond to climate change and rising sea levels within the scope of the Ministry's state management as assigned by the Government and the Prime Minister.

22. Direct, guide and organize the implementation of trade promotion and investment promotion activities in industries and fields under the management of the Ministry.

23. Conduct technical safety inspections for machines, equipment, materials, and substances that require strict labor safety standards in activities within the industries and fields managed by the Ministry, in accordance with the provisions of the law.

24. Implement international cooperation and economic integration in industries and fields under the management of the Ministry, in accordance with the provisions of the law.

25. Decide and direct the implementation of the administrative reform program of the Ministry according to the goals and content of the state administrative reform program approved by the Prime Minister; propose or decide within the scope of authority on the implementation of decentralization in state management over industries and fields.

26. Regarding organization management and public service activities:

a) Submit to the Government for issuance of mechanisms and policies on providing public services; implement socialization of public service activities provided by the industry and field under the management of the Ministry;

b) Submit to the Prime Minister for planning the network of public institutions and public services;

c) Guide the implementation of policies and laws and support organizations in implementing public service activities in the industry and field under the management of the Ministry, in accordance with the provisions of the law.

27. Carry out management tasks for associations and non-governmental organizations operating in industries and fields under the management of the Ministry, in accordance with the provisions of the law.

28. Carry out management tasks related to organizational structure, civil servant staffing, job positions, number of officials; implement salary systems and incentive, reward, and disciplinary policies for civil servants and officials under the management of the Ministry and within the scope of state management of the Ministry as stipulated in the Law on Cadres and Civil Servants, the Law on Officials, and in accordance with the provisions of the law.

29. Carry out management tasks related to commendation and rewards in accordance with the provisions of the law.

30. Inspect and supervise; resolve complaints and denunciations; prevent and combat corruption and misconduct and handle violations of the law related to industries and fields, in accordance with the provisions of the law.

31. Carry out management tasks related to information technology and statistics within the scope of state management of the Ministry as stipulated in the Law on Information Technology, the Law on Statistics, and in accordance with the provisions of the law.

32. Manage finance, assets, and other resources assigned and organize the implementation of the budget allocated in accordance with the provisions of the law.

33. National Standing Committee for flood and storm prevention and control; forest protection and development plan; new rural construction plan; clean water and environmental sanitation in rural areas; desertification prevention; international trade management of endangered wild flora and fauna species; prevention and control of livestock and poultry diseases, in accordance with the provisions of the law.

34. Perform other tasks and powers delegated by the Government, the Prime Minister, or as prescribed by law.

Article 3. Organizational Structure

1. Department of Planning.

2. Department of Finance.

3. Department of Science, Technology and Environment.

4. International Cooperation Department.

7. Ministry Office;

6. Organization and Cadre Department.

13. Animal Health Bureau.

8. The Ministry Office;

15. Economic Cooperation and Rural Development Bureau.

10. Crop Production Department.

17. Processing and Market Development Bureau for Agricultural Products.

18. Forest Service.

19. Fisheries Service.

14. Processing and Marketing Department of Agriculture, Forestry, Aquaculture, and Salt Industry.

15. Construction Management Department.

16. Cooperative Economy and Rural Development Department.

17. Quality Control Department of Agricultural, Forestry, and Aquatic Products.

26. Vietnam Agriculture Newspaper.

27. Rural Development and Agriculture Magazine.

In this Article, units from Clause 1 to Clause 21 are organizations assisting the Minister in performing State management functions; units from Clause 22 to Clause 27 are public service organizations serving the State management functions of the Ministry.

21. Institute of Policy and Strategy for Agricultural and Rural Development.

22. Agricultural Management Training School I.

23. Agricultural Management Training School II.

24. Computing and Statistics Center.

25. Vietnam Agriculture Newspaper.

26. Journal of Agriculture and Rural Development.

In this Article, units specified from Clause 1 to Clause 20 are organizations assisting the Minister in performing state management functions; units specified from Clause 21 to Clause 26 are public service organizations serving the state management functions of the Ministry.

The Minister of Agriculture and Rural Development shall submit to the Prime Minister for approval the functions, tasks, powers, and organizational structure of the Water Resources General Department, the Forestry General Department, and the Fisheries General Department; issue a list of other public service organizations under the Ministry.

The Minister of Agriculture and Rural Development shall specify the functions, tasks, powers, and organizational structure of subordinate units of the Ministry, excluding units specified in Clauses 18, 19, and 20 of this Article.

The Personnel Department shall be organized into six divisions; the Science, Technology, and Environment Department shall be organized into five divisions; the International Cooperation Department shall be organized into four divisions; the Legal Affairs Department shall be organized into a division for administrative procedure control.

The Plant Protection Department and the Animal Health Department shall establish branches.

Article 4. Effective date

1. This Decree takes effect from January 15, 2014.

2. This Decree replaces Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development and Decree No. 75/2009/ND-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/ND-CP; abolishes previous regulations contrary to this Decree.

Article 5. Transitional Provisions

The Water Resources General Department, the Forestry General Department, and the Fisheries General Department shall continue to operate in accordance with current legal provisions until the Prime Minister decides on their functions, tasks, powers, and organizational structures.

Article 6. Responsibility for Implementation

The Minister of Agriculture and Rural Development, ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, chairpersons of provincial people's committees directly under the central government are responsible for implementing this Decree./.