Decision No. 21/2008/QD-BNN stipulates 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

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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 Forest Management Department is a subordinate agency under the Ministry of Agriculture and Rural Development, performing the function of advising the Minister on specialized state management and executing state management tasks in the field of forest management, forest development, and forest utilization within the scope of the Ministry's state management.

The Forest Management Department has legal personality, its own bank account and seal, and operates with funds as prescribed by law.

The headquarters of the Department is located in Hanoi City and it has a permanent office in Ho Chi Minh City.

Article 2. Tasks and Powers

1. Submit draft laws, ordinances, and draft regulatory legal documents in the specialized field to the Ministry according to the annual program and plan for legislative construction of the Ministry, and projects and programs assigned by the Minister. Submit draft decisions, directives, and other documents within the Minister’s authority to direct and manage to the Minister.

2. Submit strategies, plans, and long-term, five-year, and annual plans; regional strategic plans, inter-regional, and inter-provincial plans; and important programs, projects, and works in the specialized field managed by the Department as assigned by the Minister.

3. Issue individual documents and provide professional guidance on the specialized field entrusted to manage. 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 under the Department's management has been approved by the Ministry.

4. Submit to the Ministry for publication strategies, plans, and development programs and organize direction, guidance, and inspection of the implementation of regulatory legal documents, strategies, plans, programs, projects, standards, technical regulations, procedures, norms, and economic-technical quotas in the specialized field that have been approved; direct and organize the dissemination, popularization, and education of laws in the specialized field under the Department's management.

5. Regarding forest management:

a) Propose and lead the implementation of basic surveys and forestry planning; lead the review of provincial and centrally-administered city forest development plans and key region investment areas for concentrated raw material supply and processing, preservation according to the overall approved plan;

b) Guide comprehensive planning for various types of forests and forest land, planning for forest development combined with aquaculture in coastal mangrove forests; guide and direct the investigation, determination, and demarcation of different types of forests on maps and in the field;

c) Guide, monitor, and consolidate the implementation of planning and plans for the use and change of purpose of forests and forest land nationwide;

d) Organize direction, guidance, inspection, and consolidation of reports on the implementation of forest development strategies, plans, and programs nationwide;

đ) Consolidate and report on the implementation of forestry development strategies, plans, and programs;

e) Lead and coordinate in drafting the forest management regulations to be submitted to the Ministry.

6. Regarding forest development:

a) Lead the drafting and submission to the Ministry of national technical standards for afforestation, forest improvement, natural regeneration enclosure, nurturing, and enriching forests; criteria for classifying forests and protective forests meeting standards, and provisions for determining planted forests, enclosed forests becoming mature forests;

b) Direct the establishment and inspection of the implementation of plans, programs, and projects for afforestation, forest nurturing, forest improvement, natural regeneration enclosure, and forest enrichment;

c) Organize direction and guidance, and inspect the implementation of mechanisms and policies for developing production forests, concentrated timber plantations, large timber trees, rare tree species, and the restoration and development of natural forests that have been approved;

d) Guide the integrated production of forestry, agriculture, and aquaculture in protective forests and production forests.

7. Regarding forest utilization:

a) Direct the establishment and review of plans for harvesting natural forests and sustainable forest management plans for the five-year period;

b) Submit to the Ministry for approval of annual allowable harvests from natural forests;

c) Announce annual allowable harvests to provinces and centrally-administered cities;

d) Issue regulations on sustainable forest harvesting pursuant to the Minister's authorization and direct their implementation;

đ) Guide the review of comprehensive design proposals for harvesting natural forest wood from provinces and centrally-administered cities;

e) Review design proposals for harvesting plantation wood from units directly under the Ministry funded by the State budget;

g) Conduct investigations and statistics on products from natural and planted forests and propose effective usage measures;

h) Guide, monitor, and consolidate the export and import of timber and other forest products under specialized forestry management and propose appropriate management measures;

i) Participate in managing the preservation and processing of forest products;

k) Inspect and supervise the implementation of forest harvesting plans, sustainable forest management plans, and activities related to forest utilization;

l) Direct and guide forest certification activities in accordance with laws and international practices.

8. Regarding forestry tree seeds:

a) Guide the establishment of seed planning and direct the establishment of a forestry seed system. Submit to the Ministry for recognition of the national seed system;

b) Direct and guide the investigation and statistics on forestry tree seeds; guide the collection, conservation, and use of forestry tree seeds;

c) Submit to the Ministry for approval of seed management regulations, national technical standards, and technology for forestry tree seeds;

d) Issue lists of main forestry tree seeds, lists of forestry tree seeds permitted for production and business; lists of forestry tree seeds required to apply and obtain quality certification in compliance with national technical standards; economic-technical norms and other lists of forestry tree seeds as prescribed by law and pursuant to the Minister's authorization;

d) Inspect the quality of forestry tree seeds and activities related to testing and certifying the quality of forestry tree seeds; propose recognition of new forestry tree seeds; evaluate and recognize seed gardens; recommend the use of new forestry tree seeds. Participate in issuing certificates for the protection of new tree seeds;

e) Issue and revoke permits and certificates regarding forestry tree seeds within the scope of authority;

g) Approve exports and imports of forestry tree seeds according to regulations on managing forestry tree seeds;

h) Direct the selection, trial, testing, production, and business operations of forestry tree seeds;

i) Establish and manage databases on forestry tree seeds;

9. Review and approve the design and annual budget estimates for projects serving forestry (firebreaks, guard posts, patrol roads, nurseries, etc.) under the New Forest Planting Project of five million hectares and international projects managed by the Bureau. Negotiate exploration and mining activities on forest areas (excluding special-use forests) as required by ministries, sectors, and localities;

10. Propose to the Ministry a list of investment programs and projects in the forestry sector. Lead the review and implement the role of the main investor for programs and projects assigned by the Ministry;

11. Organize and direct the investigation, statistics, and management of databases in the forestry sector as prescribed;

12. Regarding science and technology:

a) Propose and submit to the Ministry programs, plans, and research topics in scientific studies and applications of advanced technologies 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 of research outcomes and technological advancements within the Bureau's jurisdiction;

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

d) Participate in drafting national technical standards and regulations within the scope of the Ministry's administrative management as assigned by the Minister;

đ) Participate in drafting lists and management systems for protecting rare plant and animal species in forests that need conservation;

e) Participate in directing the import and export of genetic resources of forestry trees and wild animals for research and scientific exchanges;

13. Direct the implementation of forestry promotion activities in the forestry sector as assigned by the Minister;

14. Participate in trade promotion activities in the forestry sector as assigned by the Minister;

15. Regarding international cooperation:

a) Develop and submit to the Ministry international cooperation programs and projects within the Bureau's jurisdiction;

b) Implement international cooperation and funded international programs and projects according to the Minister's classification;

16. Regarding administrative reform:

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

b) Direct reviews, systematization, and proposals for developing 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; propose the Ministry to delegate state management tasks and responsibilities to local governments;

d) Direct the implementation of regulations on self-management, self-responsibility for performing tasks, organizational structure, staffing, finance, and administrative reform, modernizing offices, applying information technology to serve the Bureau's activities;

17. 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; on socializing public service activities in the industry and field;

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

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

18. Regarding state management of the activities of associations and non-governmental organizations within the Bureau's jurisdiction as assigned by the Minister:

a) Guide and create conditions for associations and non-governmental organizations to participate in activities within the Bureau's jurisdiction; organize consultations and incorporate suggestions and critiques from associations and non-governmental organizations to improve state management regulations;

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

19. Regarding organizational structure, staffing, and civil servants and officials:

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

b) Decide on the establishment of working groups of the Bureau; specify details about autonomy, organizational chart, and operation rules for state-owned enterprises under the Bureau according to regulations;

c) Submit to the Ministry the annual staffing plan of the Bureau; decide on the allocation of administrative positions for agencies under the Bureau;

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

đ) Specify the authorities and responsibilities of heads of organizations under the Bureau;

e) Decide and implement specific measures to strengthen administrative discipline; organize the implementation of anti-corruption, waste prevention, and eradication of bureaucracy, arrogance, and favoritism in units under the Bureau;

g) Implement recruitment, employment, transfer, retirement, salary systems, rewards, and other regulations for civil servants, officials, and employees under the Bureau's jurisdiction according to legal provisions and the Ministry's classification; provide professional training according to the Minister's assignment;

h) Develop professional standards for civil servant and employee ranks within the industry and field according to the Minister's assignment;

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

20. Regarding inspection and supervision:

a) Guide and inspect the implementation of policies and laws in the industry and field under the Bureau's jurisdiction as prescribed;

b) Resolve or participate in resolving complaints, petitions, and suggestions from organizations and citizens related to the industry and sector under the management of the Bureau; organize citizen reception in accordance with the provisions of the law.

c) Inspect and supervise the implementation of delegated management within the industry and sector under the Bureau's jurisdiction and handle violations according to the provisions of the law.

21. Financial and asset management:

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

b) Be responsible for finalizing the budget for funds directly managed by the Bureau; manage and be accountable for state assets assigned to the Bureau according to the classification of the Minister and the provisions of the law.

22. Manage and perform the tasks of the Office of the Steering Committee for the New Forest Planting Project of 5 million hectares, the Partnership Support Office for the Forestry Sector; the Office of the Permanent Secretariat of the Convention against Desertification; implement the Protocol on Community Forestry Development in the Asia-Pacific Region.

23. Perform other tasks as prescribed by specialized laws and the division of responsibilities 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 of duty by the Minister of Agriculture and Rural Development in accordance with regulations.

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

Deputy Directors assist the Director in overseeing and directing certain aspects of work as assigned by the Director and are responsible to the Director and to the law regarding the tasks assigned.

2. Management structure:

a) Forest Management Department;

b) Forest Development Department;

c) Forest Utilization Department;

d) Inspection and Legal Affairs Department.

e) Bureau Office;

f) Permanent unit in Ho Chi Minh City.

3. Affiliated units:

The Director of the Forestry Bureau shall establish a proposal for the establishment of affiliated units to submit to the Minister for decision.

The Director of the Forestry Bureau shall define the functions and tasks of the management structure, appoint officials according to the classification of personnel management by the Ministry, and issue the Bureau's operational regulations.

Article 4. Effectiveness

This Decision takes effect fifteen days after its publication in the Official Gazette. Decree No. 100/2006/QĐ-BNN dated November 7, 2006, of the Minister of Agriculture and Rural Development, which stipulates the functions, tasks, authorities, and organizational structure of the Forestry Bureau, is hereby repealed.

Article 5. Responsibility for Implementation

The Director of the Forestry Bureau, the Head of the Ministry's Office, the Heads of Departments, the Directors of Bureaus, the Inspector General of the Ministry, and the Heads of relevant agencies and units are responsible for implementing this Decision./.