Joint Circular No. 31/2009/TTLT-BNNPTNT-BNV guiding the functions, tasks, powers, organization, and staffing of the Quality Management Agency for Agricultural, Forestry, and Aquatic Products under the Department of Agriculture and Rural Development.

JOINT CIRCULAR

Guidelines for functions, tasks, powers, organization, and staffing of the Quality Management Agency for Agricultural, Forestry, and Fishery Products Subordinate to the Department of Agriculture and Rural Development Based on 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;

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Based on Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

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;

Based on Decree No. 163/2004/NĐ-CP dated September 7, 2004 of the Government detailing the implementation of certain provisions of the Food Safety Law; Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Product Quality Law; Decree No. 79/2008/NĐ-CP dated July 18, 2008 of the Government stipulating the system of management, inspection, and testing organizations for food safety;

The Ministry of Agriculture and Rural Development and the Ministry of Home Affairs provide guidelines for the functions, tasks, powers, organization, and staffing of the Quality Management Agencies for Agricultural, Forestry, and Fishery Products subordinate to the Departments of Agriculture and Rural Development of provinces and centrally governed cities (hereinafter referred to collectively as provincial level) as follows:

1. The Quality Management Agency for Agricultural, Forestry, and Fishery Products is an organization under the Department of Agriculture and Rural Development, assisting the Director of the Department of Agriculture and Rural Development in advising the People's Committee at the provincial level to perform state management functions regarding quality and food safety for agricultural, forestry, fishery products, and salt from production until these products enter the domestic market or are exported.

Article 1. Position and Functions

2. The Agency is subject to the direction and management of the Department of Agriculture and Rural Development concerning its organization, staffing, and activities; it also receives professional guidance from the Quality Management Bureau for Agricultural, Forestry, and Fishery Products under the Ministry of Agriculture and Rural Development.

3. The Agency has legal personality, its own seal, separate bank account, office premises, and operational funds provided by the state budget according to the law.

1. Assist the Director of the Department of Agriculture and Rural Development in preparing and submitting to competent authorities for issuance normative legal documents, plans, programs, projects, and proposals on quality and food safety for agricultural, forestry, fishery products, and salt at the local level.

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. Implement normative legal documents, plans, programs, projects, standards, technical regulations, and economic-technical norms that have been approved; disseminate information and promote laws related to the fields under its management.

3. Submit to the Director of the Department of Agriculture and Rural Development for issuance or approval within their authority individual documents belonging to the specialized field and area of work under the Agency’s jurisdiction.

4. Take the lead and coordinate with the Food Safety Control Agency under the Department of Health and other relevant organizations in managing quality and food safety for agricultural, forestry, fishery products, and salt:

a) Lead and coordinate with agencies under the Department of Agriculture and Rural Development to develop and implement monitoring programs on quality and food safety for agricultural, forestry, fishery products, and salt during cultivation, animal husbandry, aquaculture, salt production, harvesting, fishing, collection, slaughter, processing, packaging, storage, wholesale, transportation until these products enter the domestic market or are exported;

b) Lead the inspection and certification of conditions ensuring quality and food safety meeting national technical standards and local technical standards for breeding, farming, aquaculture, salt production, harvesting, purchasing, processing, storage, wholesale, transportation until these products enter the domestic market or are exported according to the分级授权体系，请问您需要继续翻译剩余部分吗？如果有，请指示。如果没有，请告知我下一步的操作。请注意，您的上一请求中包含了一个未完成的句子“b) 领导对确保农产品、林业产品、水产品和盐的质量和食品安全条件进行检查认证，符合国家技术标准和地方技术标准，涉及养殖、种植、水产养殖、盐生产、采集、收购、初加工、精加工、储存、批发、运输，直到这些产品进入国内市场或出口，按照分级授权体系；”，请确认是否需要补充完整并继续翻译。

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, harvesting, purchasing, initial processing, manufacturing, preservation, wholesale, transportation until food is released onto the domestic market or exported according to分级权限;

c) Chair the organization of inspections to certify 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, guidance on tracing the causes of agricultural and forestry products sold within the area that do not meet quality and food safety hygiene standards. Recommend to the Department Director regarding 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 measures to ensure quality during the production process of non-food agricultural, forestry, and aquatic products. Organize inspections to recognize the conditions for ensuring food safety hygiene of facilities and certify 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 that meet the conditions to be designated by the provincial People's Committee to have the authority to certify compliance with local technical standards as stipulated by law;

8. Conduct specialized inspections on product quality and conditions for ensuring food safety hygiene for agricultural, forestry, aquatic products, and salt as prescribed. Resolve complaints and handle violations concerning product quality and conditions for ensuring food safety hygiene for agricultural, forestry, aquatic products, and salt according to the law;

9. Manage organizations and activities related to testing and support service provision organizations under the jurisdiction of the Bureau in accordance with the law. Chair or coordinate directives, guidance, and professional training on quality and food safety hygiene for agricultural, forestry, aquatic products, and salt within the area.

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

11. Propose investment programs and projects related to the quality and food safety of agricultural, forestry, aquatic products, and salt within the scope of management. Participate in the appraisal of planning projects and investment projects related to ensuring the quality and food safety hygiene of agricultural, forestry, aquatic products, and salt at the local level.

12. Manage the organizational structure, staffing, finance, assets, officials, civil servants, and employees under the Bureau 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.

Article 3. Organization and Staffing

1. Leadership of the Sub-Department:

a) The Bureau has a Bureau Chief and 01 to 02 Deputy Bureau Chiefs.

b) The Bureau Chief is responsible before the Director of the Department of Agriculture and Rural Development and before the law for all activities of the Bureau. The Deputy Bureau Chief is responsible before the Bureau Chief and before the law for the field of work assigned.

c) The appointment, dismissal, and removal of the Bureau Chief and Deputy Bureau Chiefs shall be carried out in accordance with the provisions of the law and the classification of the Provincial People's Committee.

2. Organizational Structure:

a) Advisory and specialized organizations:

Based on the volume of work, the nature, and characteristics of state management over the quality and food safety hygiene of agricultural, forestry, aquatic products, and salt at the local level, the Director of the Department of Agriculture and Rural Development shall coordinate with the Director of the Department of Home Affairs to submit to the Chairman of the Provincial People's Committee for a specific decision on the number and names of organizations under the Bureau, but the number shall not exceed 3 departments established in the fields of work: Administrative-General; Quality Management of Agricultural, Forestry, Aquatic Products, and Salt; Inspection.

b) Organizations subordinate to the Bureau:

Based on the specific characteristics of the locality, the Director of the Department of Agriculture and Rural Development shall coordinate with the Director of the Department of Home Affairs to submit to the Chairman of the Provincial People's Committee for a decision to establish a subordinate public service unit under the Bureau to perform tasks serving the state management of the Bureau and providing public services in the area.

3. Staffing:

a) The leadership and professional department staff positions of the Bureau are administrative positions included in the total administrative positions of the Department of Agriculture and Rural Development allocated by the Provincial People's Committee. The Bureau Chief determines the total number of positions based on the job requirements of the Bureau to be submitted by the Director of the Department of Agriculture and Rural Development to the Provincial People's Committee for a decision, ensuring sufficient staffing to fulfill assigned tasks.

b) The public service positions of the Bureau are determined by the Director of the Department of Agriculture and Rural Development for allocation within the total public service positions of the Department allocated by the Provincial People's Committee.

Article 4. Organization of Implementation

1. The People's Committees of provinces and centrally governed cities decide on the establishment and specify the specific tasks, powers, organizational structure, and staffing of the Bureau of Quality Management of Agricultural, Forestry, and Aquatic Products according to the guidelines set forth in this Circular.

2. The Chairmen of the People's Committees of provinces and centrally governed cities are responsible for organizing and implementing this Circular.

Article 5. Effective Date

1. This Circular takes effect forty-five days from the date of issuance.

2. Abolish the guidelines for establishing the Bureau of Quality Management of Agricultural, Forestry, and Aquatic Products stipulated in point a, Clause 2.2, Section III, Part I of Joint Circular No. 61/2008/TTLT-BNN-BNV dated May 15, 2008, issued by the Ministry of Agriculture and Rural Development and the Ministry of Home Affairs.

During implementation, if there are difficulties or obstacles, it is recommended that the Provincial People's Committee report to the Ministry of Agriculture and Rural Development and the Ministry of Home Affairs for research and resolution.