Decision No. 22/2008/QD-BNN on the functions, tasks, powers, and organizational structure of the Forest Protection Department

Pursuant to …;

Regulations on functions, tasks, powers

and the organizational structure of the Forest Protection Department

___________

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;

/QĐ-TTg dated 0

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

DECISION:

Article 1. Position and Functions

The Forest Protection Department is an agency under the Ministry of Agriculture and Rural Development, performing the function of advising the Minister on specialized state management and implementing state management tasks in the field of forest protection, ensuring compliance with laws on forest protection and development within the scope of the Ministry's state management.

The Forest Protection Department has legal personality, its own bank account and seal, and operates with funds according to the provisions of the law.

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

Article 2. Tasks and Powers

1. Submit draft projects for laws, ordinances, and draft regulatory legal documents specialized in forest management, fire prevention and firefighting, biodiversity conservation, and artificial breeding and planting of wild animals and plants under the annual legislative construction plans of the Ministry and other projects and programs assigned by the Minister to the Ministry. Submit draft decisions, directives, and other documents within the Minister’s authority to direct and manage to the Minister.

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

3. Issue individual documents and provide professional guidance on the specialized fields entrusted to manage. Announce detailed implementation plans for programs, projects, and programs 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 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 implementation of legal education and dissemination activities in the specialized field under the Department's management.

5. Regarding forest management:

a) Take the lead in submitting to the Ministry regulations on the content, forms, and methods of forest statistics, inventory, and monitoring, and be responsible for directing, guiding, and inspecting their implementation;

b) Aggregate and submit to the Ministry for publication the results of annual forest statistics, five-year forest inventories, and national forest monitoring;

c) Direct, guide, and inspect the implementation of forest allocation, forest leasing, and shifting cultivation; direct the establishment and management of forest allocation and leasing records;

d) Lead in developing and submitting to the Ministry the system for managing and protecting forests and the list of rare and endangered forest flora and fauna species. Direct and inspect their implementation after issuance;

đ) Participate in reviewing provincial and centrally-administered city forest zoning plans;

e) Manage special-use forests; direct the protection of national parks under the Ministry;

6. Regarding forest protection:

a) Organize and direct forest protection, fire prevention and firefighting, biodiversity conservation, and ensure compliance with laws on forest management, protection, and development, and forest product management throughout the country;

b) Organize early warning and forecasting of forest fire risks, early detection of forest fires; develop and submit to the Ministry for organization of specialized firefighting forces; organize and direct implementation after approval;

c) Direct, guide, and inspect the implementation of measures against illegal deforestation and violations in the field of forest protection and forest product management;

d) Direct and guide natural conservation, eco-tourism, environmental education linked to community development in special-use and protective forests; direct mangrove forest and inland wetland management systems established as protected areas;

đ) Issue regulations on areas and species of wildlife allowed to hunt and capture; prohibited or restricted tools and means for hunting and capturing wildlife; types, sizes of forest flora and fauna, and seasons allowed for harvesting, hunting, and capturing; areas prohibited from forest harvesting according to the Minister's authorization. Guide procedures and formalities for hunting, capturing, trapping, and keeping rare and endangered wildlife;

e) Submit to the Ministry for publication lists of permits for export, import, temporary import, and re-export of specimens of rare and endangered forest flora and fauna and captive-bred wildlife; direct and inspect their implementation;

g) Guide, inspect, and direct handling of violations in the artificial breeding and planting of wild flora and fauna within the specialized field's management;

h) Advise the Minister on mobilizing forest protection forces and equipment from relevant agencies and requesting mobilization of forces and equipment from other ministries, sectors, and provincial people's committees to promptly prevent serious deforestation incidents and firefighting when necessary as prescribed by law;

7. Propose to the Ministry lists of investment programs and projects in the field of forest management. Lead in reviewing and implementing the role of the main investor for programs and projects assigned by the Ministry to the Department;

8. Organize and direct statistical investigation, data management work in the field of forest management as prescribed;

9. Regarding science and technology:

a) Propose and submit to the Ministry programs, plans, and research topics in the specialized field;

b) Lead in reviewing project proposals and research topics; commission organizations and individuals to implement them; accept and manage results and direct the application of scientific and technological progress within the Department's management scope;

c) Manage scientific and technological information in the specialized field of forest management;

d) Lead in developing and submitting to the Ministry national technical standards for forest management.

d) Issuing procedures and regulations on forest protection management, forest fire prevention and extinguishing, biodiversity conservation, and wildlife and plant management under the authority delegated by the Minister;

e) Participating in drafting national technical standards and norms within the scope of the Ministry's state management as assigned by the Minister.

10. Directing the implementation of forestry promotion activities within the specialized field under the Cục’s jurisdiction.

11. Regarding international cooperation:

a) Preparing and submitting to the Ministry programs and projects for international cooperation in specialized fields and areas under the Cục’s jurisdiction;

b) Organizing the implementation of international cooperation, programs, and funded projects according to the分级授权的部长指示。

12. Regarding administrative reform:

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

b) Directing reviews, systematization, and proposals for establishing and building systems of institutional and legal frameworks for industries and sectors under the Cục’s jurisdiction;

c) Directing the completion of functions, tasks, and authorities of subordinate organizations under the Cục towards division of labor and decentralization; submitting to the Ministry for decentralization of state management tasks and sectors to local governments;

d) Directing the implementation of regulations on self-management and responsibility for performing tasks, organizational structure, staffing, finance, and administrative reform, innovative working methods, modernization of offices, information technology application to serve Cục activities.

13. Regarding state management of organizations providing public services in the industry and sector under the Cục’s jurisdiction:

a) Submitting to the Ministry mechanisms, policies, and technical standards for public service provision; regarding the socialization of public service activities in the industry and sector;

b) Issuing economic and technical quotas, timeframes for providing public services in the industry and sector;

c) Guiding, inspecting, and supporting organizations providing public services in the industry and sector according to the law.

14. Regarding state management of the activities of associations and non-governmental organizations in the sector under the Cục’s jurisdiction as assigned by the Minister:

a) Guiding and creating conditions for associations and non-governmental organizations to participate in activities in the industry and sector under the Cục’s jurisdiction; organizing the solicitation and adoption of suggestions and critiques from associations and non-governmental organizations to improve regulatory provisions on state management in the industry and sector;

b) Recommending measures to address violations of the law by associations and non-governmental organizations operating in the industry and sector.

15. Regarding organizational structure, staffing, and cadres and civil servants:

a) Drafting the functions, tasks, authorities, and organizational structure of the Cục; proposing the establishment and restructuring of subordinate organizations under the Cục;

b) Deciding on the establishment of Cục Task Forces; specifying details about autonomous duties, organizational charters, and operations for state-owned enterprises under the Cục according to regulations;

c) Submitting to the Ministry the annual staffing plan of the Cục; deciding on the allocation of administrative staffing for agencies under the Cục;

d) Deciding on sending cadres, civil servants, and officials to study and work abroad according to the Ministry's cadre management level;

đ) Specifying the authority and responsibility of heads of organizations under the Cục;

e) Deciding and implementing specific measures to strengthen administrative discipline and anti-corruption, waste, bureaucracy, arrogance, and arbitrary power in units under the Cục; organizing the implementation of anti-corruption, waste, and bureaucracy in units under the Cục;

g) Organizing the implementation of recruitment, utilization, transfer, retirement, salary systems, rewards, and other systems for cadres, civil servants, and officials under the Cục's jurisdiction according to the law and the Ministry's level of authorization; providing professional training according to the Minister's assignment;

h) Drafting professional standards for civil servant and official positions in the industry and sector according to the Minister's assignment;

i) Reporting on the implementation of organizational and personnel work and staffing according to regulations.

16. Regarding inspection and supervision:

a) Guiding and inspecting the implementation of policies and laws, and promoting and educating the public about laws in the field under the Cục’s state management according to regulations;

b) Directing, inspecting, resolving complaints and grievances, and handling administrative violations in the field of forest management, forest protection, and timber management according to the law; organizing citizen reception according to regulations;

c) Organizing, implementing, directing, inspecting, and guiding local Forest Protection Agencies in handling administrative violations; investigating criminal acts violating laws on forest management, forest protection, and timber management according to the law;

d) Organizing and implementing efforts to combat corruption in the Forest Protection force;

đ) Directing, guiding, and inspecting the implementation of management and protection systems for rare and endangered forest plants and animals according to the law; issuing CITES permits and certificates according to the law;

e) Inspecting and supervising the implementation of decentralized management in industries and sectors under the Cục’s jurisdiction; handling violations according to the law.

17. Regarding financial and asset management:

a) Submitting to the Ministry the annual budget estimate and medium-term budget plan of the Cục and its affiliated units;

b) Being responsible for settling accounts for funds directly managed and utilized by the Cục after approval; managing and being responsible for state assets allocated to the Cục according to the level of authorization and the law;

c) Managing, purchasing, and equipping military weapons, auxiliary equipment, and police dogs; printing and distributing various types of enforcement seals for forest management, timber management, special transportation permits; CITES permits and certificates; issuing letters of introduction for organizations and individuals conducting scientific research in special-use forests according to government regulations;

d) Guiding and inspecting the purchase and use of uniforms, insignia, rank badges, signs, flags, and Forest Protection cards; specialized equipment for local Forest Protection Agencies.

đ) Manage the contingency fund in cases where the Minister of Agriculture and Rural Development mobilizes forces and means to combat forest fires and illegal logging.

18. Perform the duties of the Office of the Central Steering Committee for Urgent Issues in Forest Protection and Fire Prevention and Control; the competent authority managing CITES; Vietnam's representative at the Global Tiger Forum, the ASEAN Agreement on Transboundary Haze Pollution.

19. Carry out other tasks as prescribed by specialized laws and assigned by the Minister.

Article 3. Organizational Structure

1. The leadership of the Agency 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 Agency, and is responsible to the Minister of Agriculture and Rural Development and to the law regarding the activities of the Agency.

The Deputy Director assists the Director in supervising and directing certain aspects of work as assigned by the Director, and is responsible to the Director and to the law regarding the assigned tasks.

2. Management structure

a) Forest Protection Management Department;

b) Inspection and Legal Affairs Department;

c) Nature Conservation Department;

d) Information Technology and Data Department;

đ) Planning, Finance and Force Building Department;

e) Special Forest Ranger Team;

g) Agency Office;

h) Permanent Unit in Ho Chi Minh City.

3. Subordinate units:

a) Regional Forest Protection Authority I;

b) Regional Forest Protection Authority II;

c) Regional Forest Protection Authority III;

d) National Parks under the Ministry.

The Director of the Forest Protection Agency stipulates the functions and responsibilities of the management structure and subordinate units; decides on the appointment and removal of staff according to the staffing management level of the Ministry; promulgates the operational regulations of the Agency and the working relationships among subordinate units.

Article 4. Effectiveness

This Decision takes effect fifteen days after its publication in the Official Gazette. Decree 06/2007/QĐ-BNN dated January 23, 2007 of the Minister of Agriculture and Rural Development on the functions, tasks, authorities, and organizational structure of the Forest Protection Agency and previous provisions contrary to this Decision are hereby abolished.

Article 5. Responsibility for Implementation

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