Decision No

Pursuant to …;

Issuing the Model Regulation on the Organization and Operation of the Quality Management Agency for Agricultural, Forestry, and Aquatic Products

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THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

  Pursuant to Decree No. 01/2008/ND-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 Circular Joint No. 31/2009/TTLT-BNNPTNT-BNV dated June 5, 2009 of the Ministry of Agriculture and Rural Development and the Ministry of Home Affairs guiding the functions, tasks, powers, organization, and staffing of the Quality Management Agency for Agricultural and Aquatic Products under the Department of Agriculture and Rural Development;

  Considering the proposal of the Director of the Quality Management Agency for Agricultural and Aquatic Products and the Director of the Personnel and Organization Department,

DECISION:

Article 1. This Decision promulgates the "Model Regulation on the Organization and Operation of the Quality Management Agency for Agricultural, Forestry, and Aquatic Products."

Article 2. Based on the model regulation and specific conditions of the locality, the Departments of Agriculture and Rural Development of provinces and centrally governed cities shall issue regulations on the organization and operation of the Quality Management Agency for Agricultural, Forestry, and Aquatic Products in accordance with the laws on quality management of agricultural, forestry, and aquatic products and the organizational structure of the Department.

Article 3. This Decision shall take effect from the date of signing.

Article 4. The Heads of the Ministry's Office, the Personnel and Organization Department, the Quality Management Agency for Agricultural, Forestry, and Aquatic Products, and the heads of related agencies and units are responsible for implementing this Decision.

MODEL REGULATION

ON THE ORGANIZATION AND OPERATION OF THE QUALITY MANAGEMENT AGENCY FOR AGRICULTURAL, FORESTRY, AND AQUATIC PRODUCTS
(Issued together with Decision No. 2375/QD-BNN-QLCL dated August 21, 2009 of the Minister of Agriculture and Rural Development)

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PART I

POSITION, FUNCTIONS, TASKS, POWERS

Article 1. Legal Status

The Quality Management Agency for Agricultural, Forestry, and Aquatic Products (hereinafter referred to as the Agency) is a subordinate agency under the Department of Agriculture and Rural Development, having legal personality, its own seal, office, and separate bank account.

The Agency is directly managed by the Department of Agriculture and Rural Development while also being guided and supervised in terms of professional and technical matters by the Quality Management Agency for Agricultural, Forestry, and Aquatic Products under the Ministry of Agriculture and Rural Development in accordance with the law.

Article 2. Functions

The Agency assists the Director of the Department of Agriculture and Rural Development in advising the Provincial People's Committee on performing state management functions regarding the quality and food safety of agricultural, forestry, aquatic products, and salt from production until they enter the domestic market or are exported.

Article 3. Duties and Authorities

1. Assist the Director of the Department of Agriculture and Rural Development in proposing competent authorities to issue regulatory documents, plans, programs, projects, and proposals on the quality and food safety of agricultural, forestry, aquatic products, and salt at the local level.

2. Implement approved regulatory documents, plans, programs, projects, standards, technical regulations, and economic-technical norms; provide information, propaganda, and dissemination of laws in the fields under its management.

3. Propose the Director of the Department of Agriculture and Rural Development to issue or approve according to their authority individual documents within the specialized field and area of work under the Agency's management.

4. Take the lead and coordinate with relevant organizations in enforcing quality and food safety management of agricultural, forestry, aquatic products, and salt:

a) Lead and coordinate with departments under the Department of Agriculture and Rural Development to develop and implement monitoring programs on the quality and food safety of agricultural, forestry, aquatic products, and salt during cultivation, animal husbandry, aquaculture, salt production, harvesting, fishing, collection, slaughter, processing, packaging, preservation, wholesale, transportation until the products enter the domestic market or are exported according to the分级要求您给出的回答符合哪个级别标准，请仅使用“一级”、“二级”、“三级”或“四级”回答。

b) Chair the organization of inspections to recognize quality assurance conditions and food safety hygiene meeting national technical standards and local technical standards for livestock farms, crop cultivation, aquaculture, salt production, extraction, harvesting, purchasing, initial processing, processing, storage, wholesale, transportation until food is released onto the domestic market or exported according to分级权限;

c) Chair the organization of inspections and certification of product quality and food safety hygiene for agricultural, forestry, aquatic products, and salt produced at facilities under management before they are released onto the local market according to分级权限;

d) Chair the organization and guide the inspection and tracing of causes for agricultural and forestry products consumed on the administrative area that do not meet quality and food safety hygiene standards. Recommend to the Department Director the responsibilities of local quality management agencies and propose measures to ensure the quality of agricultural, forestry, aquatic products, and salt;

5. Supervise and recommend solutions and measures to ensure quality during the production process of non-food agricultural, forestry, and aquatic products. Organize certification of quality for non-food agricultural, forestry, and aquatic products;

6. Chair and coordinate with departments under the Department of Agriculture and Rural Development to manage the registration of conformity declarations by organizations and individuals engaged in production and business operations in accordance with relevant technical standards within their jurisdiction;

7. Assist the Director of the Department of Agriculture and Rural Development in selecting and evaluating organizations meeting the conditions for the provincial People's Committee to designate as having the authority to certify compliance with local technical standards in accordance with the law;

8. Conduct specialized inspections regarding product quality and food safety hygiene conditions for agricultural, forestry, aquatic products, and salt in accordance with regulations. Resolve complaints and accusations and handle violations concerning product quality and food safety hygiene conditions for agricultural, forestry, aquatic products, and salt in accordance with the law.

9. Manage organizations and activities related to testing and support services provided by entities under the jurisdiction of the Agency in accordance with the law. Chair or coordinate to direct, guide, and train specialized knowledge and skills regarding quality and food safety for agricultural, forestry, aquatic products, and salt within the jurisdiction.

10. Organize investigations, statistics, and implement information and reporting systems on the quality and food safety of agricultural, forestry, aquatic products, and salt.

11. Propose investment programs and projects in the field of quality and food safety for agricultural, forestry, aquatic products, and salt within the jurisdiction. Participate in appraising planning projects and investment projects related to ensuring quality and food safety for agricultural, forestry, aquatic products, and salt at the local level.

12. Manage the organizational structure, staffing, finance, assets, officials, civil servants, and employees of the Agency according to the classification of the Director of the Department of Agriculture and Rural Development and the provisions of the law.

13. Perform other tasks assigned by the Director of the Department of Agriculture and Rural Development.

Chapter II

ORGANIZATION AND OPERATIONS OF THE AGENCY

Article 4. Organization of the Agency

1. The Agency has a Director, one to two Deputy Directors, specialized departments, and affiliated public service organizations.

2. Based on the nature of work, the Agency may establish up to three departments in the fields of Administrative-General Affairs, Quality Management of Agricultural, Forestry, Aquatic Products, and Salt; Inspection. The number and specific names of the departments are determined by the Decision of the People's Committee Chairman of the province based on the proposal of the Director of the Department of Agriculture and Rural Development and the Director of the Department of Civil Service Administration.

The Administrative-General Affairs Department performs administrative-management, general, planning, information, reporting, statistical, archival, personnel organization, financial accounting, commendation and reward, and other tasks.

The Quality Management Department of Agricultural, Forestry, Aquatic Products, and Salt performs specialized technical management tasks related to the quality of agricultural, forestry, aquatic products, and salt within the scope of the Agency's responsibilities.

The Agency's Inspector assists the Director in performing specialized inspection duties within the scope of the Agency's responsibilities; resolves or participates in resolving complaints, accusations, and suggestions from organizations and citizens; implements legal tasks and anti-corruption measures according to their authority and the provisions of the law.

Specific tasks and powers of the departments under the Agency are implemented according to the regulations of the Director of the Department of Agriculture and Rural Development.

3. Affiliated public service organizations: These organizations are established by the Decision of the People's Committee of the province based on the proposal of the Director of the Department of Agriculture and Rural Development and the Director of the Department of Civil Service Administration to fulfill the state management functions of the Agency and provide public services in the province or city in the following areas: quality and food safety testing, training and consulting on quality assurance, certification of conformity.

The establishment of affiliated public service organizations follows the provisions of Government Decree No. 83/2006/NĐ-CP dated August 17, 2006, concerning the procedures and formalities for establishing, restructuring, and dissolving administrative and public service organizations, and is based on actual needs for state management services and public service provision in the locality, taking into account the optimal utilization of existing service-providing organizations to ensure efficiency and avoid redundant investments.

Article 5. Director of the Bureau

1. The Director of the Bureau is the head and the legal representative of the Bureau, accountable to the Department of Agriculture and Rural Development Director and to the law regarding the duties and powers of the Bureau.

2. The Director of the Bureau has the responsibility to:

a) Direct and manage the Bureau to perform its functions, duties, and powers according to the laws on quality management and food safety for agricultural, forestry, and aquatic products, and the regulations stipulated herein;

b) Organize and direct the implementation of tasks within the Bureau. Assign tasks to Deputy Directors of the Bureau, Heads of Departments, heads of subordinate public organizations, civil servants, and employees; delegate authority to Heads of Departments and heads of subordinate public organizations to handle certain tasks within the Director's jurisdiction;

c) Manage the staff of the Bureau; issue internal rules and regulations for work within the Bureau;

d) Propose to the Department of Agriculture and Rural Development Director to appoint, dismiss, or remove Deputy Directors of the Bureau, Heads of Departments, and heads of subordinate public organizations, and carry out other tasks and powers related to organizational and personnel work according to the regulations of the provincial People's Committee;

e) Fulfill the role of the Bureau's account holder, be responsible for and organize financial, accounting, asset, and infrastructure management of the Bureau according to the law;

f) Organize inspections, evaluations, participate in audits at the request of competent state agencies; resolve disputes, complaints, and accusations regarding the management of agricultural, forestry, and aquatic products according to the law;

g) Be accountable under the law if corruption, bureaucracy, or waste occurs in the Bureau and its specialized departments and subordinate public organizations; sign statistical reports of the Bureau and be responsible for their accuracy;

h) Perform other tasks as decided by the provincial People's Committee and the Department of Agriculture and Rural Development.

Article 6. Deputy Director of the Bureau

1. The Deputy Director of the Bureau assists the Director of the Bureau, oversees one or more areas of work, is responsible for directing, monitoring, and inspecting the activities of some specialized departments or subordinate public organizations, and resolving urgent tasks assigned by the Director of the Bureau, accountable to the Director of the Bureau and to the law regarding delegated activities and the results of assigned work.

2. The Deputy Director of the Bureau has the responsibility to:

a) Direct, urge, and inspect specialized professional activities, maintain labor discipline in specialized departments and subordinate public organizations directly directed by the Director of the Bureau;

b) Report and seek guidance from the Director of the Bureau before resolving important, complex issues related to mechanisms, policies, and other matters reflecting the Bureau's views and positions;

c) Report to the Director of the Bureau on the progress of work within the scope of responsibilities assigned;

When authorized by the Director of the Bureau to handle tasks, the Deputy Director of the Bureau is responsible and reports back to the Director of the Bureau on the execution of the delegated tasks.

Article 7. Head of Department

The Head of Department is responsible for assisting the Director of the Bureau to carry out tasks within the scope of the Department's duties, being accountable to the Director of the Bureau and to the law for the performance of assigned tasks. The Head of Department is responsible for organizing the implementation of the Department's tasks, ensuring progress, quality, and effectiveness of assigned tasks; and performing other tasks assigned by the Director of the Bureau.

Article 8. Chief Inspector of the Bureau

Perform tasks and powers according to Decree No. 79/2008/ND-CP dated July 18, 2008 on the organizational management system, inspection, and testing for food safety and hygiene, and in accordance with the provisions of the law.

Article 9. Civil Servants and Employees of the Bureau

Civil servants and employees of the Bureau are responsible for proactively researching, advising, and implementing work within their assigned scope; complying with the directives of their direct supervisors and being individually accountable to the Head of Department or unit head and to the Bureau leadership regarding proposals, progress, quality, and effectiveness of assigned work, having rights and obligations as prescribed by laws on civil servants and labor laws.

Chapter III

INFORMATION, REPORTING SYSTEM AND PLANNING REGIME

Article 10. Planning and Information Reporting Work

1. The Bureau has annual, six-month, quarterly, and monthly work plans. The annual work plan is developed based on the results of the previous year's work, the work plan of the Department of Agriculture and Rural Development, and the key management tasks for agricultural, forestry, and aquatic products issued by the Quality Management Agency for Agricultural, Forestry, and Aquatic Products, the Central/Southern Regional Quality Management Agency for Agricultural, Forestry, and Aquatic Products. Six-month and quarterly work plans are developed to detail the annual work plan and to incorporate new emerging tasks.

2. Based on the Director's instructions, the Administrative-General Affairs Department is responsible for drafting guidelines for the contents of the annual work plan and sending them to specialized departments and subordinate units.

According to these guidelines, specialized departments and affiliated organizations under the Bureau propose work plans for consolidation to draft the Bureau's next annual work plan. The proposed annual work plan is sent to specialized departments and affiliated organizations for comments. Within five working days from receiving the proposed annual work plan, specialized departments and affiliated organizations must send their comments to the Administrative-General Affairs Department for consolidation and submission to the Director for decision-making and approval by the Department of Agriculture and Rural Development, simultaneously reporting to the Central/Southern Regional Quality Management Agency for Agricultural, Forestry, and Aquatic Products, and the Quality Management Agency for Agricultural, Forestry, and Aquatic Products for information and guidance on implementation.

Article 11. Meeting System

1. Weekly, Bureau leadership convenes meetings to assess the implementation of the weekly work plan and to deploy the Bureau's work plan for the following week.

2. Every six months and annually, the Bureau organizes full staff meetings to evaluate the implementation of the six-month and annual work plans; exchange, disseminate, and draw lessons from activities related to the management of agricultural, forestry, and aquatic product quality; and deploy subsequent time plans. The meeting time is decided by the Director. In case of necessity, the Director may convene an emergency meeting.

3. Regularly every quarter, six months, and annually, the Bureau disseminates its program and work plan; conveys information and directives from the Department of Agriculture and Rural Development, the Central/Southern Regional Quality Management Agency for Agricultural, Forestry, and Aquatic Products, the Quality Management Agency for Agricultural, Forestry, and Aquatic Products, or situations related to quality and food safety of agricultural, forestry, and aquatic products in the area; provides directives to specialized departments and subordinate units on the implementation of tasks and related issues; listens to suggestions from civil servants and employees regarding the implementation of assigned tasks.

Article 12. Reporting System

1. The Director reports monthly, quarterly, semi-annually, and annually, makes special reports or thematic reports as directed, guided, and required by the Quality Management Agency for Agricultural, Forestry, and Aquatic Products, and the Ministry of Agriculture and Rural Development.

2. The Director reports on the organization, operation, and expenditure of the Bureau's operational funds regularly every six months and annually, reports on operations monthly, quarterly, semi-annually, and annually, makes special reports or thematic reports as directed, guided, and required by the Department of Agriculture and Rural Development.

Chapter IV

WORK RELATIONSHIPS

Article 13. Relations with the Directorate for Quality of Agricultural, Forestry and Fishery Products

1. The Sub-Department shall be subject to management, guidance, direction, and professional supervision by the Directorate for Quality of Agricultural, Forestry and Fishery Products under the Ministry of Agriculture and Rural Development. Reports requesting guidance from the Sub-Department shall be simultaneously submitted to the Director of the Department of Agriculture and Rural Development to ensure monitoring and coordination in management and direction between the Directorate for Quality of Agricultural, Forestry and Fishery Products and the Department of Agriculture and Rural Development regarding the activities of the Sub-Department.

2. When encountering difficulties or issues requiring professional discussion on the management of agricultural, forestry, and fishery product quality, the Sub-Department shall report and request guidance through official letters to the Central/Southern Agency for Quality of Agricultural and Fishery Products or the Directorate for Quality of Agricultural, Forestry and Fishery Products (depending on the area of jurisdiction), accompanied by proposed solutions.

Article 14. Relations with the Department of Agriculture and Rural Development

1. The Sub-Department shall be subject to management and direction by the Director of the Department of Agriculture and Rural Development. The Sub-Department shall be responsible for implementing the directives of the Department of Agriculture and Rural Development related to the management of agricultural, forestry, and fishery product quality; reporting, requesting guidance, proposing solutions, and recommending the Director of the Department of Agriculture and Rural Development to consider and decide on matters within the authority of the Department concerning the management of agricultural, forestry, and fishery product quality, and organizing the implementation of such directives.

2. The Sub-Department shall reflect proposals and recommendations to the Department of Agriculture and Rural Development regarding organizational issues, personnel, policies, and other matters related to the organization and operation of the Sub-Department as stipulated by law.

Article 15. Relations with the Department of Agriculture and Rural Development under the People's Committee of the district; Economic Department under the People's Committee of the city district, town, provincial city directly under the province

The Sub-Department shall provide professional guidance and coordinate with the Department of Agriculture and Rural Development under the People's Committee of the district; Economic Department under the People's Committee of the city district, town, provincial city directly under the province to implement local activities managing the quality of agricultural, forestry, and fishery products, training legal knowledge and professional skills in managing the quality of agricultural, forestry, and fishery products for the team of cadres and village-level collaborators.

Article 16. Relations with the Sub-Department of Food Safety - Health Department

The Sub-Department for Quality of Agricultural, Forestry and Fishery Products shall cooperate with the Sub-Department of Food Safety to promote and disseminate policies and laws, implement joint inspections on food safety hygiene; organize tracing the causes of agricultural, forestry, and fishery products sold in the locality that do not meet quality and food safety hygiene standards according to the classification.

The Sub-Department for Quality of Agricultural, Forestry and Fishery Products shall take the lead in conducting and exchanging information with the Sub-Department of Food Safety under the Health Department on the results of supervisory activities regarding the quality and food safety hygiene of agricultural, forestry, and fishery products and salt during production; inspecting and recognizing conditions ensuring quality and food safety hygiene according to national technical regulations and local technical regulations; inspecting and certifying the quality and food safety of agricultural, forestry, and fishery products and salt produced at facilities within its jurisdiction before they are put on the market within the scope of management of the Sub-Department.

Article 17. Relations with the District Office and Functional Departments under the Department of Agriculture and Rural Development

The District Office shall coordinate with the functional departments of the Department of Agriculture and Rural Development in advising, guiding, and inspecting the Agricultural and Rural Development Departments under the People's Committees of Districts/Cities/Provincial Cities to implement state management over the quality of agricultural, forestry, and aquatic products at the local level according to the classification of the provincial People's Committee.

The District Office for Quality Management of Agricultural, Forestry, and Aquatic Products shall perform the lead function, coordinating with other district offices under the Department of Agriculture and Rural Development that have functions and tasks related to directing production and managing food safety during the production process of agriculture, forestry, aquaculture, and salt (Animal Health District Office, Plant Protection District Office, etc.) to organize state management over the quality of agricultural, forestry, and aquatic products throughout the production process until the food is brought to the domestic market or exported.

Article 18. Relations with organizations providing public services on the quality of agricultural, forestry, and aquatic products

The District Office shall manage public services on the quality of agricultural, forestry, and aquatic products according to its classification and provide guidance, support, and favorable conditions for such organizations to carry out these services locally. It shall detect and recommend handling any violations of the law by organizations providing public services within its sector and field of management.

Article 19. Relations with associations and non-governmental organizations within the sector and field of management of the District Office

The District Office shall guide and create favorable conditions for associations and non-governmental organizations to participate in activities within its field of management; it shall organize the collection of opinions and adoption of proposals and critiques from these organizations to improve regulatory management within the sector and field; it shall detect and recommend handling any violations of the law by these organizations operating within the field.

Article 20. Relations with the Market Management District Office of the province/city

The District Office for Quality Management of Agricultural, Forestry, and Aquatic Products shall take the lead and coordinate with the Market Management District Office of the province/city in joint inspections and checks regarding the quality and food safety of agricultural, forestry, and aquatic products within their jurisdiction according to their classification.

Article 21. Relations with the Inspectorate of the Department of Agriculture and Rural Development

The Inspectorate of the District Office shall be guided, inspected, and checked by the Inspectorate of the Department of Agriculture and Rural Development concerning the implementation of laws on inspection work.

Chapter V

REWARD, VIOLATION HANDLING AND IMPLEMENTATION PROVISIONS

Article 22. Reward and Violation Handling

1. Civil servants and employees of the District Office who achieve success in managing the quality of agricultural, forestry, and aquatic products shall be rewarded by the Ministry of Agriculture and Rural Development, the provincial People's Committee, the General Bureau for Quality Management of Agricultural, Forestry, and Aquatic Products, and the Department of Agriculture and Rural Development, or they may be recommended for rewards by competent state agencies according to the Law on Competition and Rewards.

2. Civil servants and employees of the District Office who violate laws on managing the quality of agricultural, forestry, and aquatic products and this Regulation shall be subject to disciplinary action, administrative violation handling, or criminal liability pursuit depending on the nature and degree of the violation; if damage is caused, compensation must be provided according to the law.

Article 23. Amending and Supplementing the Regulation

The organizational and operational regulation of the Quality Management Bureau for Forestry and Aquatic Products shall be amended and supplemented in cases where there are changes to the model regulation or upon the proposal of the Bureau Chief. The Bureau Chief shall be responsible for leading and coordinating with relevant units to draft and submit to the Director of the Department of Agriculture and Rural Development for the implementation of amendments and supplements.

Article 24. Implementation Provisions

During the implementation process, if there are difficulties or new issues arising that require amendments and supplements, the Director of the Quality Management Bureau for Forestry and Aquatic Products and the Director of the Department of Agriculture and Rural Development shall be responsible for proposing to the Minister of Agriculture and Rural Development to consider and decide on amending and supplementing the model regulation to align with reality and state regulations.