Decision No. 26/2008/QD-BNN stipulates the functions, tasks, powers, and organizational structure of the Directorate of Dike Management and Flood and Storm Prevention.

Pursuant to …;

Regulations on the functions, tasks, powers, and organizational structure of the Directorate of Dikes and Flood and Storm Prevention

________________________________

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 Dikes and Flood and Storm Prevention is an agency under the Ministry of Agriculture and Rural Development, performing the function of advising the Minister in managing state administration in its specialized field and implementing state management tasks within the scope of the Ministry's state administration in the dike and flood and storm prevention sector.

The Directorate of Dikes and Flood and Storm Prevention has legal personality, maintains its own bank account and seal, and operates with funds allocated according to the law.

The headquarters of the Directorate is located in Hanoi City, and it has permanent offices in Da Nang City and Ho Chi Minh City.

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 its specialized field to the Ministry according to the annual legislative program of the Ministry and other 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, and inter-provincial plans, and important programs, projects, and works in its specialized field according to the assignments of the Minister.

3. Issue individual documents and provide professional guidance on its specialized field. 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 Directorate's jurisdiction has been approved by the Ministry.

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

5. Regarding dike management:

a) Develop and manage the implementation of basic investigation projects, dike planning projects, flood prevention planning projects for river systems, review design plans for dike planning and flood and storm prevention;

b) Take the lead and coordinate with localities and related units to review, supplement, and adjust dike planning for regions, areas, and nationwide, submitting to the Ministry;

c) Take the lead in reviewing and submitting to the Ministry for approval of adjustments to dike planning submitted by ministries, ministerial-level agencies, and provincial People's Committees;

d) Take the lead and coordinate with localities and related units to develop and adjust flood prevention planning for rivers with dikes across the country, submitting to the Minister;

đ) Take the lead in organizing reviews and submitting to the Ministry for agreement so that the Provincial People's Councils approve detailed flood prevention planning for rivers with dikes at the local level submitted by provincial People's Committees;

e) Organize reviews and submit to the Ministry for approval of investment construction, repair, maintenance, upgrading, and reinforcement of dikes; inspect compliance with technical standards for dikes;

g) Organize reviews and submit to the Ministry for agreement on construction projects using riverbeds where there are no existing structures;

h) Take the lead in organizing reviews of basic design plans for Group A dike projects, and agree on dike projects involving two provinces or more (regardless of funding sources);

i) Organize reviews and submit to the Minister for approval of construction and improvement of transportation works related to dikes affecting two provinces or more;

k) Take the lead in organizing reviews and submitting to the Minister for approval of bidding plans, contractor selection results, and procurement of goods for dike projects under its management according to the law;

l) Take the lead in organizing reviews and deciding to approve: tender documents for projects in the dike construction field entrusted by the Minister (excluding projects already delegated by the Minister to the project owner in the approval decision of the bidding plan); bidding results for construction packages according to the分级翻译任务，确保每个部分都准确无误。以下是第22到第23段的翻译：

m) Submit to the Ministry for agreement on flood control and coastal erosion prevention projects; riverbed sand extraction projects as required;

n) Take the lead in organizing reviews and submitting to the Ministry for approval of emergency measures and solutions regarding dikes;

o) Direct dike guarding work, handle technical issues related to dikes. Lead coordination with relevant sectors, organizations, the Water Resources Directorate, and localities to promptly propose preventive and remedial measures for dike-related incidents;

p) Propose solutions to mobilize central and local resources to rescue and protect dike systems from level 3 to special level in emergencies;

q) Submit to the Ministry for determination of permissible load limits and regulations for vehicles traveling on dikes;

r) Agree on the issuance and revocation of permits for certain activities related to dikes according to the Minister's authorization;

s) Submit to the Minister for direction and guidance to provincial People's Committees to organize civilian dike management forces;

t) Participate in finalizing project settlement reports for dike repair investment projects, maintenance plans for dikes, and projects assigned by the Minister;

u) Manage and implement the establishment, submission, and storage of construction project files according to state regulations;

6. Regarding flood and storm prevention work:

a) Review and propose adjustments, advise on directing and supervising the implementation of the Strategy for Flood and Disaster Mitigation as prescribed by law;

b) Monitor and update information on rain, typhoons, floods, flash floods, thunderstorms, riverbank erosion, coastal erosion, earthquakes, and tsunamis nationwide; compile losses and propose measures to mitigate the aftermath caused by storms, floods, and natural disasters to the Minister.

c) Coordinate with relevant sectors, organizations, the Water Resources Bureau, the Fisheries Resource Protection and Exploitation Bureau, and localities to promptly propose to the Central Steering Committee for Flood and Storm Prevention and Control solutions for handling incidents related to water conservancy works and situations caused by natural disasters such as rain, typhoons, floods, flash floods, hailstorms, tornadoes, riverbank erosion, coastal erosion, earthquakes, and tsunamis;

d) Implement the operation procedures for inter-reservoir systems on the Da River and Lo River to participate in flood reduction for downstream areas, authorized by the Minister and the Head of the Central Steering Committee for Flood and Storm Prevention and Control;

đ) Advise the Ministry and the Central Steering Committee for Flood and Storm Prevention and Control on organizing, directing, guiding, and inspecting the implementation of specific regulations concerning emergency situations requiring flood distribution, delayed flooding measures, safe evacuation measures, ensuring production and livelihoods of the people, mitigating flood damage, and providing assistance to affected people due to flood distribution and delayed flooding;

e) Proactively coordinate with relevant sectors and local authorities in flood and storm prevention and control work. In necessary cases, have the authority to request central ministries and sectors, local authorities to mobilize forces and means within their jurisdiction to promptly prevent and control floods and storms, protect embankments, rescue, and provide relief according to the law;

g) Advise the Central Steering Committee for Flood and Storm Prevention and Control to cooperate with the National Search and Rescue Commission and relevant ministries, sectors, and localities to direct the organization of rescue and relief activities to minimize losses when earthquakes and tsunamis occur;

h) Advise the Central Steering Committee for Flood and Storm Prevention and Control to direct the planning and construction of tsunami early warning systems for high-risk areas;

i) Direct the management and use of reserve materials for flood and storm prevention and control;

k) Update information on riverbank and coastal erosion, propose, inspect, and urge the handling of erosion issues;

7. Organize and direct the investigation, statistics, and management of databases in the field of dyke management and flood and storm prevention and control a) Receive and manage IDP data updated from Departments of Transport to synchronize with the IDP management information system;

8. On science and technology:

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

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

c) Manage scientific and technological information in specialized fields;

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

9. Regarding international cooperation:

a) Draft and submit to the Ministry international cooperation programs and projects in specialized fields under the Bureau's management;

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

10. 关于行政改革：

a) 制定并组织实施部和部长指导下的行政改革计划；

b) 指导审查、系统化并提出和制定局管理范围内的行业和领域的体制和法律制度体系；

c) 指导完善直属局组织机构的功能、职责和权限，按照分工和分级；向部提出将行业和领域管理任务分级给地方人民政府；

d) 指导实施关于自主、自负责任的制度，关于组织机构、编制、财政和简化行政程序的规定，改进工作方式，办公现代化，信息技术应用以服务于局的工作。

11. 关于对局管理范围内的公共服务组织的国家管理：

a) 向部提交关于提供公共服务机制、政策和技术规范的建议；关于在行业和领域内推进公共服务社会化活动的机制、政策；

b) 制定行业和领域内提供公共服务的经济技术和时间标准；

c) 根据法律规定，指导、检查和支持行业和领域内的公共服务组织。

12. 关于对局管理范围内的行业协会和非政府组织的国家管理，根据部长的分工：

a) 指导并为协会和非政府组织参与行业和领域内的活动创造条件；组织听取并吸收协会和非政府组织的意见和批评，以完善行业和领域的国家管理制度规定；

b) 建议处理在行业和领域内活动的协会和非政府组织违反法律法规的行为。

13. 关于组织机构、编制和干部、公务员、职员：

a) 起草局职能、职责、权限和组织结构草案；提出成立或重组直属局组织机构的建议；

b) 决定成立局工作组；具体规定直属事业单位的自主权、组织章程和活动规则；

c) 向部提交局年度编制计划；决定局属各单位的行政编制分配；

d) 决定派遣干部、公务员、职员出国学习和工作，按部的干部管理分级；

đ) 规定局下属单位负责人的职权和责任；

e) 决定并实施加强纪律和行政秩序的具体措施；组织实施反腐败、反对浪费和官僚主义、专横作风、特权行为；

g) 组织实施干部、公务员、职员的招聘、使用、调动、退休、工资制度、奖励和其他制度，按法律规定和部的分级；按部长的分工进行专业培训；

h) 制定干部、公务员、职员岗位的专业技术标准，按部长的分工；

i) 按规定报告组织、干部和编制工作的执行情况。

14. 关于监察和检查：

a) Direct and inspect the implementation of policies and laws related to the sector and field under the management authority of the Bureau as prescribed;

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

c) Conduct inspections and checks on the implementation of delegated management within the sector and field under the national management authority of the Bureau. Conduct specialized inspections and handle violations concerning dike regulations as prescribed by law.

15. Regarding 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 accounts for funds directly managed by the Bureau; manage and be accountable for state assets assigned to the Bureau according to the classification level of the Minister and the provisions of the law;

c) Inspect, monitor financial activities and consolidate final accounts of subordinate units of the Bureau.

16. Perform the duties of the permanent office of the Central Steering Committee for Flood and Storm Prevention and Control.

17. Carry out the duties of the permanent office of the Acceptance Council for important state-level and ministry-level projects and operational procedures for key construction works assigned by the Ministry for management.

18. Perform other tasks as prescribed by law and assigned 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 the regulations.

The Director manages 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 certain aspects of work as assigned by the Director and are responsible to the Director and to the law regarding the assigned tasks.

2. Management Structure:

a) Dike Management Department;

b) Flood and Storm Prevention Management Department;

c) Administrative and General Affairs Department;

d) Planning and Master Planning Department;

đ) Bureau Inspectorate;

e) Permanent Office in Da Nang City;

g) Permanent Office in Ho Chi Minh City.

3. Public Service Units:

a) Disaster Prevention and Mitigation Management Center;

b) Technical Consulting Center on Dikes;

c) Flood Diversion Project Management Board. The Director of the Dike Management and Flood and Storm Prevention Bureau shall develop an organizational restructuring proposal for subordinate public service units to submit to the Minister for decision and implementation.

The Director of the Dike Management and Flood and Storm Prevention Bureau shall define the functions and responsibilities of the management structure and subordinate public service units; appoint officials according to the classification level of the Ministry and issue the Bureau's Operational Regulations.

This Decision shall take effect fifteen days after its publication in the Official Gazette. Decisions No. 94/2003/QĐ-BNN dated September 4, 2003; No. 17/2005/QĐ-BNN dated March 22, 2005 of the Minister of Agriculture and Rural Development defining the functions, responsibilities, authorities, and organizational structure of the Dike Management and Flood and Storm Prevention Bureau, and previous regulations of the Ministry that conflict with this Decision are hereby repealed.

Article 4. Effective date

The Director of the Dike Management and Flood and Storm Prevention Bureau, the Head of the Ministry’s Office, Heads of Departments, Directors of other Bureaus, the Head of the Ministry’s Inspectorate, and Heads of relevant agencies and units are responsible for implementing this Decision./.

Article 5. Responsibilities for Implementation

The Director of the Directorate for Dyke and Flood Control, the Head of the Ministry's Office, the Heads of Departments, Directors of Bureaus, the Inspector General of the Ministry, and the Heads of related agencies and units are responsible for implementing this Decision./.