Decision No. 24/2005/QĐ-BTS On the Issuance of the Regulations on the Operation of the Ministry of Fisheries with Associations and Trade Unions

Pursuant to …;

Regarding the issuance of the Working Regulations of the Ministry of Fisheries with Associations and Trade Unions

MINISTER OF AQUATIC RESOURCES

Pursuant to Decree No. 43/2003/NĐ-CP dated May 2, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Fisheries;

At the proposal of the Director of the Cadre and Civil Servant Department,

DECISION:

Article 1. Issued together with this Decision are the Working Regulations of the Ministry of Fisheries with the Vietnam Fishery Association and the Vietnam Association for Processing and Exporting Aquatic Products.

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. The Director of the Ministry's Office, Heads of Departments, Directorates, Inspectorate of the Ministry, Heads of subordinate units under the Ministry, Directors of Fisheries Departments, Departments of Agriculture and Rural Development managing fisheries, Chairmen of the Vietnam Fishery Association, Chairmen of the Vietnam Association for Processing and Exporting Aquatic Products are responsible for implementing this decision./.

WORKING REGULATIONS

OF THE MINISTRY OF FISHERIES WITH THE VIETNAM FISHERY ASSOCIATION,

VIETNAM ASSOCIATION FOR PROCESSING AND EXPORTING AQUATIC PRODUCTS

(Issued together with Decision No.: 24/2005/QĐ-BTS dated August 5, 2005)

of the Minister of Aquatic Resources)

PART I

GENERAL PROVISIONS

Article 1. The Ministry of Fisheries performs its state management functions, tasks, and powers over the Vietnam Fishery Association and the Vietnam Association for Processing and Exporting Aquatic Products according to Clause 7, Article 23 of the Law on the Organization of the Government 2001; Clause 9, Article 51 of the Fisheries Law 2003; Point a, b Clause 1, Article 11 of Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies; Clause 18, Article 2 of Decree No. 43/2003/NĐ-CP dated May 2, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Fisheries; Clause 1, Article 4 and Article 33 of Decree No. 88/2003/NĐ-CP dated July 30, 2003 of the Government stipulating the organization, operation, and management of associations, and other relevant provisions of law.

Article 2. The Vietnam Fishery Association is a social-professional organization of the fisheries sector established pursuant to Decision No. 33/2000/QĐ-BTCCBCP dated May 5, 2000 of the Minister, Head of the Civil Service Personnel Department of the Government (now the Ministry of Home Affairs) and Decision No. 27/2001/QĐ-BTCCBCP dated May 22, 2000 of the Minister, Head of the Civil Service Personnel Department of the Government (now the Ministry of Home Affairs) regarding the approval of the Charter of the Vietnam Fishery Association (hereinafter referred to as the Association).

The Vietnam Association for Processing and Exporting Aquatic Products is a social-professional organization of the fisheries sector established pursuant to Decision No. 242/QĐ-BTS dated June 8, 1998 of the Minister of Fisheries and Decision No. 56/2000/QĐ-BTCCBCP dated September 6, 2000 of the Minister, Head of the Civil Service Personnel Department of the Government (now the Ministry of Home Affairs) regarding the approval of the Charter of the Vietnam Association for Processing and Exporting Aquatic Products (hereinafter referred to as the Association).

The Association and the Association are organized and operate in accordance with the laws of the Socialist Republic of Vietnam, Decree No. 88/2003/ND-CP dated July 30, 2003 of the Government stipulating the organization, operation, and management of associations; the Charter of the Association and the Association.

Article 3. Purpose and scope of regulation

1. Objective

1.1. To assist the Ministry of Fisheries in performing its state management functions and tasks over the activities of the Association and the Association in accordance with the law.

1.2. To assist the Association and the Association in performing their functions and tasks as prescribed in the Charter of the Association and the Association in accordance with the law.

2. Scope of regulation

Establishing effective working relationships between the leadership of the Ministry of Fisheries (hereinafter referred to as the Ministry of Fisheries) and the Central Committee Executive Board/Executive Council of the Association and the Executive Board of the Association in determining the content of cooperation, mechanisms, and work plans aimed at contributing to the management and sustainable development of fisheries production and business.

Chapter II

CONTENTS AND MECHANISMS OF WORK

Article 4. Content of work

1. For the Ministry of Fisheries

1.1. Guide and create conditions for the Association and the Association to participate in production, business, and state management activities related to fisheries in accordance with the law to promote fisheries production and business, build and improve the material and spiritual life of the business community, fishers, and farmers; participate in economic and social programs and projects managed by the Ministry that are consistent with the functions and tasks of the Association and the Association.

1.2. Organize to seek opinions from the Association and the Association to perfect regulations on state management of fisheries.

1.3. Inspect the implementation of state regulations on fisheries by the Association and the Association; handle or recommend competent state authorities to handle violations by the Association and the Association in accordance with the law.

2. For the Association and the Association

2.1. Implement information dissemination and education of members about the Party's guidelines, policies, and state laws on fisheries, and economic programs of the fisheries sector through the activities and meetings of the Association and the Association.

2.2. Participate with units under the Ministry of Fisheries in building strategies for socio-economic development, planning for fisheries development, and economic and social programs of the fisheries sector.

2.3. The Ministry of Fisheries creates conditions for:

- Implementing the annual activity plan of the Association and the Association in training, trade promotion, seminars, and domestic and international visits for members, those directly involved in fisheries production and business, and staff of the Association and the Association;

- Cooperating in improving the quality of aquatic products, building models for poverty reduction households, outstanding production and business households, model cultural fishing villages, and exemplary units and individuals in environmental protection, resource conservation, coastal defense, and healthy, civilized social lifestyles.

Article 5. Mechanism of work

1. Based on the socio-economic tasks of the sector, the Association and the Association develop their annual work programs and plans. From there, they propose to the Minister of Fisheries the contents of work that need to be coordinated with the Ministry of Fisheries.

2. On the basis of the annual program, plan, and content of work of the Ministry of Fisheries and the proposals of the Association and the Association: Units under the Ministry and organizations of the Association and the Association develop and submit to the Minister of Fisheries for approval the annual coordination work program and plan between the Ministry and the Association and the Association to organize implementation.

3. Annually, the Association and the Association report on the organization and operation of their activities to the Minister of Fisheries in accordance with the law.

4. The Minister of Fisheries shall work with the Executive Board or the Standing Board of the Association or the Union once a year at an appropriate time.

Article 6. Responsibilities of the Ministry of Fisheries

1. Based on the functions and tasks of the units, the Minister assigns tasks to the units under the Ministry, the affiliated public service units, and the production and business units directly under the Ministry to implement the annual coordinated activity program and plan between the Ministry of Fisheries and the Association or the Union concerning matters related to the unit and periodically checks the implementation.

2. Directs the Directors of the Departments of Fisheries, Departments of Agriculture and Rural Development that manage fisheries to implement the annual coordinated activity programs and plans between the Ministry of Fisheries and the Association or the Union concerning matters related to the locality and periodically checks the implementation.

3. The Cadre and Civil Service Organization Department serves as the focal point to assist the Minister of Fisheries in state management over fisheries regarding the Association or the Union.

Article 7. Responsibilities of the Association or the Union

1. Enhance the operational capacity of the organizations of the Association or the Union to effectively implement the programs and plans of the Association or the Union and the annual coordinated activity programs and plans between the Ministry of Fisheries and the Association or the Union.

2. Directs the organizations and units under the Association or the Union to properly fulfill the assigned tasks with the agencies and units under the Ministry of Fisheries in implementing the annual coordinated activity programs and plans between the Ministry and the Association or the Union.

Article 8. Summary and Evaluation of Work Results

Annually, the agencies and units under the Ministry together with the Association or the Union organize a summary and evaluation of the results of implementing the coordinated activity programs and plans at the end of the year and unify the coordinated activity programs and plans for the following year between the Ministry and the Association or the Union.

Chapter III

IMPLEMENTING PROVISIONS

Article 9.

1. This regulation shall be uniformly implemented in all agencies and units under the fisheries sector and the organizations of the Association or the Union.

2. During the implementation process, if any issues arise, individuals and units shall promptly report to the Minister and the Executive Board of the Association or the Union for research and supplementation or adjustment./.