Decision No. 29/2008/QD-BNN on the functions, tasks, powers, and organizational structure of the Directorate of Quality Assurance for Forestry, Agricultural, and Fishery Products

Pursuant to …;

Regulations on the functions, tasks, powers, and organizational structure of the Directorate of Quality Assurance for Agricultural, Forestry, and Fishery Products

Directorate of Quality Assurance for Agricultural, Forestry, and Fishery Products is an agency under the Ministry of Agriculture and Rural Development, performing the function of advising the Minister to manage state administration in the specialized field and implementing state management tasks in the area of quality and food safety of agricultural, forestry, fishery products, and salt within the scope of the Ministry's state administration.

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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 Quality Assurance for Agricultural, Forestry, and Fishery Products has legal personality, its own bank account and seal, and operates with funds according to the law. Its headquarters is located in Hanoi City.

1. Submit draft laws, ordinances, and draft regulatory legal documents in the specialized field to the Ministry according to the annual program and plan of law building of the Ministry and projects, programs assigned by the Minister. Submit draft decisions, directives, and other documents within the Minister’s authority to direct and manage to the Minister.

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;

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 and sector entrusted with management. Announce detailed implementation plans for programs, projects, and initiatives managed by the Ministry to each locality and unit after the overall plan for the sector 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 direction, guidance, and inspection of 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. Manage the quality and food safety of fishery products:

a) Take the lead, compile, and submit to the Ministry the national monitoring program on food safety of fishery products during breeding, harvesting, processing, transportation, importation for processing, sale, and domestic consumption; implement these programs after approval;

b) Submit to the Ministry national technical standards and national technical regulations on conditions ensuring and product quality for breeding, harvesting, fishing grounds, fish ports, fish markets, fishing vessels, purchasing, transporting, preserving, processing, and wholesale fishery products;

c) Compile and disseminate national standards, national technical regulations, and international and regional organizations' and importing countries' regulations on the quality and food safety of fishery products;

d) Direct, guide, and organize inspections for recognition and revocation of recognition of conditions ensuring quality and food safety for breeding facilities, fish ports, fish markets, fishing vessels, purchasing, transporting, preserving, processing, and wholesale fishery products;

e) Direct, guide, and organize inspections for certification of quality and food safety of imported fishery products and domestically produced fishery products before export or domestic consumption according to Vietnamese law, international organization regulations, or bilateral agreements with importing countries;

g) Participate in scientific councils to evaluate testing, trial, and experimental results for feed, veterinary drugs, and environmental improvement products for aquaculture;

h) Participate in the review of national technical standards and regulations concerning food safety aspects of inputs in production processes and conditions ensuring quality and food safety for agricultural, forestry, and fishery product and salt production facilities.

6. Manage the quality and food safety of agricultural, forestry products, and salt:

a) Guide specialized units to build, review, submit to the Ministry for issuance, and monitor the implementation of specialized monitoring programs, national technical standards, and national technical regulations on conditions ensuring and quality, food safety of agricultural, forestry products, and salt;

b) Submit to the Ministry regulations on tracing and investigating causes of batches not meeting quality and food safety requirements;

c) Compile and disseminate international and Vietnamese regulations on the quality and food safety of agricultural, forestry products, and salt;

d) Propose and organize selective inspections according to the approved annual plan or ad hoc inspections as assigned by the Minister regarding conditions ensuring quality and food safety for production, cultivation, breeding facilities, purchasing, transporting, preserving, slaughtering, processing, and wholesale agricultural, forestry products, and salt;

đ) Direct and organize inspections for certification of quality and food safety of imported agricultural, forestry products, and salt for processing and domestically produced products before export or domestic consumption according to Vietnamese law, international organization regulations, or bilateral agreements with importing countries;

e) Review and investigate causes of non-compliant agricultural, forestry products, and salt and recommend the Ministry on the responsibilities of specialized quality management agencies, propose solutions and measures to ensure product quality.

đ) Direct, organize inspections for quality certification and food safety hygiene for imported forestry and agricultural products and salt intended for processing, and for domestically produced products before export or domestic consumption, in accordance with Vietnamese law, international organization regulations, or bilateral agreements with importing countries;

e) Review, trace the causes of forestry and agricultural products and salt that do not meet quality and food safety hygiene standards, and recommend to the Ministry the responsibilities of specialized quality management agencies, propose solutions and measures to ensure the quality of forestry and agricultural products and salt.

7. Quality management of agricultural, forestry, and aquatic products not intended for food (non-food products):

a) Submit to the Ministry the program, policy, national technical standards, and national technical regulations on quality management of non-food agricultural, forestry, and aquatic products;

b) Monitor, review, and recommend to the Ministry solutions and measures to ensure quality throughout the production process of non-food agricultural, forestry, and aquatic products;

c) Direct and organize inspections and certifications for imported non-food agricultural, forestry, and aquatic products for processing and domestically produced non-food agricultural, forestry, and aquatic products before export or domestic consumption according to Vietnamese laws, international organization regulations, or bilateral agreements with importing countries.

8. Coordinate with the Animal Health Service to inspect documents and clinically examine batches of aquatic products at border gates, seaports, airports, and post offices according to Vietnamese laws, international organizations' regulations, and those of the importing country.

9. Manage inspection and testing activities:

a) Compile and disseminate Vietnam's regulations, international organizations', regional, and importing countries' provisions regarding criteria, limit levels, testing methods, and examinations within the specialized management scope of the Bureau;

b) Guide and supervise the quality inspection and food safety testing activities for agricultural, forestry, and aquatic products and salt;

c) Establish national laboratories for quality and food safety testing of aquatic products; organize inspections, evaluations, and recognition of national and international laboratories for quality and food safety testing of agricultural, forestry, and aquatic products and salt;

d) Inspect and monitor the implementation of national technical standards and regulations concerning quality assurance systems for laboratories conducting quality and food safety testing of agricultural, forestry, and aquatic products and salt;

đ) Participate in managing aquatic disease testing activities;

10. Develop plans for laboratory networks and evaluate and recognize quality and food safety testing systems for agricultural, forestry, and aquatic products and salt; regulations and technical standards regarding the capacity, evaluation, and recognition of certification organizations for food safety of agricultural, forestry, and aquatic products and salt; arbitration testing methods, and rapid field testing methods. Participate in developing the aquatic disease testing network.

11. Propose to the Ministry a list of investment programs and projects in the field of quality and food safety for agricultural, forestry, and aquatic products and salt. Lead and implement the role of the principal investor for programs and projects assigned by the Ministry. Participate in evaluating planning projects and investment projects related to ensuring quality and food safety for agricultural, forestry, and aquatic products, salt, and aquatic disease safety.

12. Organize and direct statistical investigations and database management in the field of quality and food safety for agricultural, forestry, and aquatic products and salt as prescribed.

13. Regarding science and technology:

a) Propose and submit to the Ministry scientific research programs, plans, and topics; applications of technological advancements and specialized techniques;

b) Lead and review research outlines and topics; commission organizations and individuals to carry out these tasks; accept and manage research results and direct the implementation of research outcomes and technological advancements within the Bureau's management scope;

c) Manage scientific and technological information within the Bureau's specialized management scope;

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

14. Direct the promotion of agricultural and fishery extension activities in the field of quality and food safety for agricultural, forestry, and aquatic products and salt.

15. Participate in trade promotion activities for products in the industry as assigned by the Minister.

16. Regarding international cooperation:

a) Develop and submit to the Ministry international cooperation programs and projects within the Bureau's management scope;

b) Organize the implementation of international cooperation, funded international programs, and projects as assigned by the Minister.

17. Regarding administrative reform:

a) Develop and implement administrative reform plans according to the Ministry's plan and the Minister's directives;

b) Direct reviews, systematization, and proposals for building institutional and legal systems for industries and fields under the Bureau's management scope;

c) Direct the improvement of functions, tasks, and authorities of subordinate organizations within the Bureau towards delegation and decentralization; propose to the Ministry to delegate state management tasks and fields to localities;

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

18. Regarding state management of organizations providing public services within the Bureau's management scope:

a) Submit to the Ministry mechanisms, policies, and technical standards for public service provision; for socializing public service activities in the industry and field;

b) Issue economic and technical norms and timeframes for providing public services within the industry and field;

c) Guide, inspect, and support organizations providing public services within the industry and field according to the law;

d) Manage and direct certain public service units under the Ministry within the specialized scope as assigned by the Minister;

đ) Recommend handling violations of law by organizations providing public services within the industry and field's management scope.

19. Regarding state management of associations and non-governmental organizations' activities within the Bureau's management scope as assigned by the Minister:

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

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

20. Regarding organizational structure, staffing, and civil servants and officials:

a) Submit to the Ministry the functions, tasks, authorities, and organizational structure of the Bureau; on the establishment and reorganization of subordinate organizations under the Bureau;

b) Decide on the establishment of the Working Group of the Bureau; specify in detail the autonomy tasks, organizational regulations, and activities for state-run non-business organizations under the Bureau as prescribed;

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

d) Decide on sending cadres, civil servants, and public officials to study and work abroad according to the cadre management level assigned by the Ministry;

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

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

g) Organize the implementation of recruitment, utilization, transfer, retirement, salary system, rewards, and other systems for cadres, civil servants, and public officials under the Bureau's management according to the law and the Ministry's management level; train and enhance professional skills in specialized fields as assigned by the Minister;

h) Develop professional standards for civil servant and public official ranks in the industry and field according to the assignment of the Minister;

i) Report on the implementation of organizational, personnel, and staffing work as prescribed;

21. On inspection and supervision:

a) Guide and inspect the implementation of policies and laws concerning the industry and field under the Bureau's management as prescribed;

b) Resolve or participate in resolving complaints, reports, and suggestions 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 in the industry and field under the Bureau's management. Conduct specialized inspections on food quality and safety and handle violations according to the law;

d) Manage uniforms, insignia, badges, signs, flags, inspector cards, and specialized equipment and tools provided to specialized inspectors according to the law;

22. On 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 finalizing accounts for funds directly managed by the Bureau; manage and be responsible for state assets allocated to the Bureau according to the Minister's management level and the law;

c) Organize the collection, payment, management, and use of fees and charges for managing food quality and safety for agricultural, forestry, aquatic products, salt, and aquatic quarantine according to the law;

23. Implement the standing tasks of the Ministry's Steering Committee on food quality and safety as prescribed;

24. Perform other tasks as prescribed by specialized laws and the Minister's assignments and delegations;

Article 3. Organizational Structure

1. Bureau Leadership:

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 manages the Bureau's operations, 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 as assigned by the Director and are accountable to the Director for their assigned tasks;

2. Management Structure:

a) Quality Control Room for Aquatic Products (Quality Room 1);

b) Quality Control Room for Agricultural and Forestry Products and Salt (Quality Room 2);

c) Quality Control Room for Non-Food Agricultural, Forestry, and Aquatic Products (Quality Room 3);

d) Inspection Management Room;

đ) Planning and Consolidation Room;

e) Finance Room;

g) Bureau Inspectorate;

h) Bureau Office;

3. Subordinate Agencies and Units:

a) Quality control agencies for agricultural, forestry, and aquatic products in regions;

b) Non-business units;

The Director of the Bureau of Quality Control for Agricultural, Forestry, and Aquatic Products develops and submits to the Ministry a proposal for establishing subordinate agencies and units of the Bureau. Until the Minister issues new decisions, existing subordinate organizations continue to operate according to current regulations;

The Director of the Bureau of Quality Control for Agricultural, Forestry, and Aquatic Products specifies the functions and tasks of the management structure, appoints cadres according to the Ministry's cadre management level, and promulgates the Bureau's operational regulations;

Article 4. Effective date

This Decision takes effect fifteen days after its publication in the Official Gazette; Decree No. 07/2003/QĐ-BTS dated August 5, 2003, of the Minister of Fisheries on the functions, tasks, authorities, and organizational structure of the Bureau of Quality Control, Food Safety, and Aquatic Animal Health is hereby repealed;

Article 5. Responsibility for Implementation

The Director of the Bureau of Quality Control for Agricultural, Forestry, and Aquatic Products, the Head of the Ministry's Office, Department Heads, the Chief Inspector of the Ministry, and the Heads of relevant agencies and units are responsible for implementing this Decision./.