Decision No. 23/2008/QĐ-BNN stipulates the functions, tasks, powers, and organizational structure of the Fisheries Exploitation and Conservation Department.

Pursuant to …;

Regulations on the functions, tasks, powers, and organizational structure of the Directorate of Fisheries Resource Exploitation and Protection

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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 Directorate of Fisheries Resource Exploitation and Protection is an agency under the Ministry of Agriculture and Rural Development, performing the function of advising the Minister in specialized state management and implementing state management tasks in the field of fisheries resource exploitation and protection, fishing vessel management, and service bases for fishing activities within the scope of the Ministry's state management.

International trade name in English: Department of Capture Fisheries and Fisheries Resources Protection, abbreviated as DECAFIREP.

The Directorate of Fisheries Resource Exploitation and Protection has legal personality, its own bank account and seal, and operates with funds as prescribed by law.

The headquarters of the Directorate is located in Hanoi City and it has a permanent office in the southern region.

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 in the specialized field to the Ministry according to the annual legislative program and plans 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 development plans; regional strategic plans, inter-regional, inter-provincial plans, and important programs, projects, and works in the specialized field managed by the Directorate as assigned by the Minister.

3. Issue individual documents and provide professional guidance on the specialized field entrusted to the Directorate. Announce detailed implementation plans for programs, projects, and initiatives managed by the Ministry for each locality and unit after the overall plan for the field under the Directorate's jurisdiction has been approved by the Ministry.

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

5. On fisheries exploitation:

a) Submit to the Ministry mechanisms and policies for developing fisheries exploitation; mechanisms for investment in communication systems, fishery forecasting, post-harvest services, production organization models suitable for nearshore and offshore fisheries, and policies for transitioning from nearshore to offshore fisheries or other occupations; community-based management of nearshore fishing grounds; encourage development of offshore fisheries and cooperation in fisheries in the waters of other countries and international waters; solutions to improve the efficiency of fisheries exploitation;

b) Propose to the Ministry projects to investigate and assess fisheries resources in each sea area, fishing ground, and inland water body. Lead the review and direct implementation after approval;

c) Submit to the Ministry for publication of fishing grounds, fishing areas, allowable annual catch volumes in each sea area and fishing ground; zoning of the sea and demarcation of fishing areas; allocation and classification of management of fishing activities;

d) Specify procedures, processes, and分级授权渔业许可证的分级审批权限；制定渔业日志记录格式、管理和内容；规定渔船和渔具标识要求；根据部长授权的规定；

e) Organize registration and issuance of fishing permits to organizations and individuals under central ministries and armed forces engaged in fisheries. Manage foreign fishing vessels operating in Vietnam's territorial waters and Vietnamese fishing vessels operating in foreign territorial waters in accordance with the law;

f) Lead the review of projects for cooperation with foreign countries, technical training, technology transfer, leasing of foreign fishing vessels, and cooperative contracts between Vietnamese organizations and individuals and foreign entities;

g) Direct, guide, inspect, and supervise the implementation of fishing programs, projects, plans, and zoning schemes of provinces and centrally-administered cities; measures to ensure hygiene safety of fishing products on fishing vessels; fishing teams and groups on various sea areas; organize the establishment of community-participatory management and protection models for fisheries resources;

h) Guide localities in formulating management regulations for fisheries exploitation along coastal lines, rivers, lakes, lagoons, and other natural water bodies; registration and issuance of fishing permits to organizations and individuals under local management according to the分级授权；

i) Propose and direct the implementation of risk resolution plans for fishing vessels, fishermen related to neighboring countries with overlapping maritime zones; plans and solutions to prevent and reduce marine accidents. Participate in rescue operations for people, fishing vessels, and other assets affected by accidents, disasters during fishing activities at sea. Serve as the focal point for monitoring and reporting on the activities of people and fishing vessels at sea periodically and urgently as prescribed.

6. On conservation, protection, and development of fisheries resources:

a) Submit to the Ministry mechanisms and policies for protecting and developing fisheries resources; solutions to enhance the effectiveness of resource protection and aquatic environmental management within the Directorate's jurisdiction;

b) Issue a list of aquatic species prohibited from exploitation, prohibited from exploitation for a limited time; areas prohibited from exploitation and areas allowed to exploit for a limited time; species that need conservation, regeneration, and development; specify the minimum ratio, types, and sizes of aquatic species permitted to be exploited; methods, types of occupations, mesh size of fishing nets, and seasons for aquatic resource exploitation according to the authority delegated by the Minister; establish a list of endangered and precious aquatic species; direct measures to enhance the efficiency of aquatic resource exploitation.

c) Submit to the Ministry regulations on the classification of species conservation zones, habitat conservation zones; natural resource reserves; on the hierarchical management of marine conservation zones, inland water conservation zones, and the management regulations of national and international significance conservation zones as prescribed.

d) Develop and submit to the Ministry programs and projects on the conservation, protection, regeneration, and development of aquatic resources; direct their implementation after approval.

đ) Lead the review of international cooperation projects on investigating and exploring aquatic resources; organize the implementation of Vietnam's international commitments on the conservation, protection, and development of aquatic resources.

e) Guide the establishment of management regulations for marine conservation zones and inland water conservation zones delegated to local authorities for management; direct their implementation and inspect programs and projects on the protection and development of aquatic resources by provinces and centrally governed cities.

g) Organize the management of marine conservation zones and inland water conservation zones of national and international importance according to the division of labor by the Minister.

7. Regarding the management of fishing vessels and post-harvest services and fisheries support facilities:

a) Submit to the Ministry policies to encourage and support investment in developing fishing vessels and primary seafood markets in line with the industry development strategy and distant-water fishing exploitation strategy.

b) Submit to the Ministry national technical standards on the quality, safety technology, and environmental protection of fishing vessels; model regulations on the management of fishing ports, fish landing sites, anchorage areas for typhoon shelters for fishing vessels, and channels for fishing vessel entry and exit; technical standards for fishing ports, anchorage areas for typhoon shelters for fishing vessels, and primary seafood markets; technical standards for building and repairing fishing vessels, producing safety equipment, and mechanical equipment for installation and use on fishing vessels; quality standards for fishing ports, fish landing sites, and anchorage areas for typhoon shelters for fishing vessels.

c) Issue procedures, norms, and technical quotas for building and repairing fishing vessels, producing safety equipment, and mechanical equipment for installation and use on fishing vessels; procedures and norms for technical safety inspections (inspection) of fishing vessels and safety equipment and mechanical equipment for installation and use on fishing vessels; systems of inspection forms and documents for fishing vessel registration and crew member registration according to the authority delegated by the Minister.

d) Submit to the Ministry programs and projects to ensure safety for people and fishing vessels, new construction and renovation projects for fishing ports, fish landing sites, anchorage areas for typhoon shelters, and repair and new construction facilities for fishing vessels according to planning and direct their implementation after approval by the Ministry.

đ) Issue conditions, procedures, and authority for issuing and revoking Fishing Operation Licenses for foreign fishing vessels operating in Vietnam's territorial waters according to the authority delegated by the Minister.

e) Approve design permits for new fishing vessel construction, conversion of fishing vessels, and conduct inspections, registrations for fishing vessels, and crew member registrations according to the law. Guide and inspect the work of inspections, registrations for fishing vessels, and crew member registrations, and the implementation of management regulations for primary seafood markets in accordance with the分级授权和法律规定；

g) Guide and inspect the work of inspections, registrations for fishing vessels, and crew member registrations; approve design plans for new construction and conversion of fishing vessels; technically inspect safety equipment requiring strict safety standards in the Aquatic Products sector according to the law; implement management regulations for fishing ports, fish landing sites, and anchorage areas for typhoon shelters for fishing vessels according to the law; technical inspection business for fishing ports, fish landing sites, and anchorage areas for typhoon shelters;

h) Guide the technical inspection business for fishing vessels (inspections), fishing ports, anchorage areas for typhoon shelters; statistical reports and investigations of fishing vessel accidents; compile and report fishing vessel accidents regularly quarterly, annually, and urgently as prescribed. Guide and provide systems of inspection forms and documents for fishing vessel registration and crew member registration; directories of fishing ports, fish landing sites, anchorage areas for typhoon shelters within the country and in the region for organizations and individuals involved.

8. Supervise the natural environment related to aquaculture (excluding aquaculture area environments) and propose and direct the implementation of measures and methods for environmental protection.

9. Propose to the Ministry a list of programs and projects for investment in specialized fields of aquatic resource exploitation and protection. Lead the review and perform the role of the main investor for programs and projects assigned by the Ministry to the Bureau.

10. Organize and direct the investigation, statistics, and management of databases on aquatic resource exploitation and protection according to regulations.

11. Regarding science and technology:

a) Propose and submit to the Ministry scientific research programs, plans, and topics; application of technological progress and specialized techniques.

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

c) Manage specialized science and technology information.

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

12. Direct the implementation of fishery promotion activities in the specialized field of aquatic resource exploitation, protection, and development; post-harvest facilities and fisheries support services; ensuring safety for people and fishing vessels according to the division of labor by the Minister.

13. Participate in trade promotion activities in the specialized field of aquatic resource exploitation, fishing vessel construction and repair, and other post-harvest fisheries activities.

14. Regarding international cooperation:

a) Develop and submit to the Ministry programs and projects for international cooperation in specialized fields and sectors under the Bureau's jurisdiction.

b) Implement international cooperation programs and projects funded according to the分级 of the Minister of Agriculture and Rural Development.

15. Regarding administrative reform:

a) Develop and implement plans for administrative reform in accordance with the Ministry's plan and the directives of the Minister;

b) Direct the review, systematization, and proposal for the establishment of institutional and legal systems within the scope of management of the Bureau;

c) Direct the improvement of functions, tasks, and authorities of subordinate organizations under the Bureau towards delegation and decentralization; submit to the Ministry for the decentralization of state management tasks and fields to local governments;

d) Direct the implementation of regulations on autonomy, self-responsibility for performing tasks, organizational structure, staffing, finance, and administrative procedure reform, innovation in working methods, modernization of offices, and application of information technology to serve the activities of the Bureau.

16. Regarding state management of organizations providing public services within the industry and field managed by the Bureau:

a) Submit to the Ministry mechanisms, policies, technical standards for providing public services; regarding the socialization of activities providing public services within 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 in accordance with the law;

17. Regarding state management over the activities of associations and non-governmental organizations within the industry and field managed by the Bureau as assigned by the Minister:

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

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

18. 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 under the Bureau;

b) Decide on the establishment of Working Groups of the Bureau; specify details about autonomous tasks, charters, and operations for state-owned service organizations under the Bureau in accordance with regulations;

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

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

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

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

g) Organize the implementation of recruitment, utilization, transfer, retirement, salary systems, rewards, and other systems for civil servants, officials, and employees under the Bureau's management according to the law and the Ministry's classification; train and enhance professional skills according to the Minister's assignment;

h) Establish professional and vocational 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.

19. Regarding inspection and supervision:

a) Guide and inspect the implementation of policies and laws concerning the industry and field under the Bureau's management according to regulations;

b) Resolve or participate in resolving complaints, accusations, and recommendations from organizations and citizens related to the industry and field managed by the Bureau; organize citizen reception according to the law;

c) Inspect and supervise the implementation of delegated management within the industry and field under the Bureau's management. Conduct specialized inspections on fishery resource exploitation and protection and handle violations according to the law;

d) Manage uniforms, insignia, badges, signs, flags, and equipment specifically provided for fishery resource protection inspectors according to regulations.

20. Regarding financial and asset management:

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

b) Be responsible for settling accounts for funds directly managed by the Bureau; manage and be responsible for state assets allocated to the Bureau according to the Minister's classification and the law.

21. Perform the permanent representative duties of the Fisheries Cooperation Committee between Vietnam and other countries; act as the permanent representative of the Southeast Asian Fisheries Development Center (SEAFDEC) in Vietnam; act as the permanent representative for flood prevention, search and rescue in the fisheries sector; act as the permanent representative of the Fisheries Resource Restoration Fund in Vietnam.

22. Perform other tasks as stipulated by the law and the Minister's classification and delegation.

Article 3. Organizational Structure

1. Leadership of the Bureau:

The Bureau leadership consists of the Director and Deputy Directors appointed and relieved of duty by the Minister of Agriculture and Rural Development according to regulations.

The Director oversees the Bureau's activities, is accountable to the Minister of Agriculture and Rural Development and the law for the Bureau's activities.

Deputy Directors assist the Director in overseeing certain aspects of work according to the Director's assignment and are accountable to the Director for the tasks assigned.

2. Management Structure:

a) Fisheries Exploitation Management Department;

b) Fishery Resources and Aquatic Environment Management Department;

c) Fishing Vessel and Fisheries Support Base Management Department;

d) Planning and Finance Department;

đ) International Cooperation Department;

e) Bureau Inspectorate;

g) Bureau Office;

h) Southern Permanent Representative Unit.

3. Subordinate Agencies and Units:

a) Regional Fisheries Exploitation and Protection Agencies;

b) Service Units.

The Director of the Bureau of Fisheries Exploitation and Protection develops and submits to the Ministry for approval the organizational plan for subordinate agencies and units of the Bureau. Until the Minister issues new decisions, existing subordinate organizations operate according to current regulations.

The Director of the Fisheries Resource Exploitation and Protection Department shall define the functions and tasks of the management machinery and appoint officials according to the cadre management levels of the Ministry; issue the Operating Regulations of the Department.

Article 4. Effective date

This Decision shall take effect fifteen days from the date of publication in the Official Gazette. The Decision No. 08/2003/QĐ-BTS dated August 5, 2003 of the Minister of Fisheries on the functions, tasks, authorities, and organizational structure of the Fisheries Resource Exploitation and Protection Department is hereby repealed.

Article 5. Responsibilities for Implementation

The Director of the Fisheries Resource Exploitation and Protection Department, the Head of the Ministry's Office, the Heads of Departments, the Directors of other Departments, the Inspector General of the Ministry, and the Heads of related agencies and units are responsible for implementing this Decision./.