Decree No. 43/2003/NĐ-CP on the functions, tasks, powers, and organizational structure of the Ministry of Fisheries

DECREE

Regulations on functions, tasks, powers, and organizational structure of the Remote Sensing Center

organization of the Ministry of Fisheries

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Resolution No. 02/2002/QH11 dated August 5, 2002 of the National Assembly of the Socialist Republic of Vietnam, the eleventh session, first meeting, listing the ministries and ministerial-level agencies of the Government;

Considering the proposal of the Head of the Cadre and Civil Service Department,

At the proposal of the Minister of Fisheries and the Minister of Interior,

DECREE:

Article 1. Position and Functions

The Ministry of Fisheries is a government agency responsible for state management of fisheries, including aquaculture, fishing, processing, protection, and development of aquatic resources within inland waters and seas throughout the country; state management of public services and representation of state ownership interests in enterprises with state capital under the Ministry's jurisdiction as prescribed by law.

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;

The Ministry of Fisheries performs tasks and powers as stipulated in Decree No. 86/2002/NĐ-CP dated November 5, 2002, of the Government on the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, and the following specific powers:

1. Submit to the Government and the Prime Minister draft laws, ordinances, and draft regulatory legal documents of the Government and the Prime Minister concerning fisheries.

2. Submit to the Government and the Prime Minister strategies, plans for development, long-term, five-year, and annual plans concerning fisheries, and important programs and projects of the Ministry.

3. Issuing decisions, directives, circulars within the scope of the Ministry's state management.

4. Direct, guide, inspect, and be responsible for implementing regulatory legal documents, strategies, plans, and programs that have been approved within the scope of the Ministry’s state management; provide information, propaganda, dissemination, and education on fisheries law.

5. On aquaculture:

a) Manage the development of aquaculture according to planning and plans. Prescribe matters related to the export and import of fish seed, genetic transfer, domestication, conservation, selection, recognition of new breeds, production and business of seed; unify the management of seed quality; establish and manage the seed system; register national seeds;

b) Unify the management of feed for aquaculture, fish veterinary, various types of materials, chemicals, and biological preparations used in aquaculture; coordinate with relevant ministries, sectors, and localities to control the impact of plant protection chemicals and industrial waste on the aquaculture environment as prescribed by law.

6. On fishing:

a) Unify the management of fishing activities of persons and vessels both domestically and internationally within inland waters and Vietnam's maritime zones; direct the implementation of fishing according to planning and plans and legal provisions on the protection and development of aquatic resources;

Manage and classify the management of fishing grounds and fish breeding areas; issue and revoke fishing licenses according to legal provisions;

b) Prescribe fishing occupations, vessels, objects, and seasons;

c) Unify the management of vessel inspection in the fishing industry. Register and technical safety certification of equipment requiring strict safety standards such as boilers, pressure vessels, refrigeration equipment; prescribe positions and position standards for crew members of fishing vessels; register and issue crew member books for fishing vessels; issue captain and chief engineer certificates for fishing vessels according to legal provisions.

7. On processing:

a) Organize and direct the implementation of planning and plans for the processing industry. Prescribe production conditions, technical standards, and environmental hygiene in processing, storage, and transportation of aquatic products. Manage the quality and food safety of exported aquatic products; coordinate with relevant ministries in issuing regulations on the management of imported aquatic product quality and food safety for domestic consumption;

b) Establish and promulgate product quality standards and guide and inspect their implementation according to legal provisions.

8. On protection and development of aquatic resources:

a) Prescribe lists of aquatic species that need protection and reproduction; measures to protect the environment of aquatic ecosystems, conserve gene pools, and biodiversity; coordinate with the Ministry of Natural Resources and Environment and relevant ministries and sectors to prescribe measures to protect the environment and water resources related to aquatic habitats;

b) Prescribe no-fishing zones, restricted fishing zones, prohibited import and export species;

c) Organize surveys, research, assessment, management, and protection of sustainable development of aquatic resources, management of inland and marine conservation areas.

9. On fisheries logistics services:

a) Manage and develop fisheries machinery and the fishing port system according to approved planning;

b) Unify the management of services for fishing, aquaculture, and processing at sea.

10. On fisheries trade:

a) Coordinate with relevant ministries to build fisheries trade policies to submit to the Government and the Prime Minister for decision;

b) Study market development, market information work, trade promotion, and support businesses engaged in fisheries production and trade in expanding markets.

11. Organize and direct the implementation of fisheries extension work, guide and disseminate information and transfer technology and techniques for aquaculture, fishing, processing, resource protection, and aquatic ecosystem environments.

12. Coordinate with relevant ministries, provincial people's committees, and centrally governed cities to organize and direct flood prevention, search and rescue, safe navigation, and labor protection in the fisheries sector; maintain maritime security and defense.

13. Organize, direct, appraise, inspect, and be responsible for effectively implementing projects within the Ministry's jurisdiction, both domestic and foreign-invested.

14. Implement international cooperation in the fisheries sector as prescribed by law.

15. Organize and direct the implementation of scientific research plans and the application of scientific and technological progress in the fisheries sector.

16. Decide on specific policies and measures and direct the operation mechanism of public service organizations in the fisheries sector as prescribed by law; manage and direct the activities of affiliated organizations under the Ministry.

17. Perform specific tasks and powers within the scope of representing the State's ownership interest in enterprises with state capital under the Ministry’s management as prescribed by law.

18. State management over the activities of collective economic organizations, private economic organizations, associations, and non-governmental organizations in the fisheries sector as prescribed by law.

19. Conduct inspections, examinations, handle complaints and denunciations; combat corruption and misconduct, and enforce violations of fisheries laws within the scope of authority.

20. Deciding and directing the implementation of the Ministry’s administrative reform program according to the goals and content of the national administrative reform program approved by the Prime Minister.

21. Manage organizational structures and staffing; direct the implementation of salary systems and other incentive policies, rewards, and disciplinary measures for state officials under the Ministry's jurisdiction; train, develop, and build a cadre of state officials in the fisheries sector.

22. Managing financial resources and assets assigned, and organizing the implementation of the budget allocated as prescribed by law.

Article 3. Organizational Structure of the Ministry

a) Organizations assisting the Minister in performing state management functions:

1. Fisheries Cultivation Department;

2. Collective Economy and Private Sector Economy Department;

3. Planning and Finance Department;

4. Science and Technology Department;

5. International Cooperation Department;

6. Legal Affairs Department;

7. Cadre and Civil Service Organization Department;

8. Fisheries Resource Exploitation and Protection Bureau;

9. Quality Management, Safety and Health, and Veterinary Bureau for Aquatic Products;

10. Inspectorate;

11. Office.

b) Scientific and Technological Organizations under the Ministry:

1. Marine Product Research Institute;

2. Fisheries Economics and Planning Research Institute;

3. Fisheries Cultivation Research Institute I;

4. Fisheries Cultivation Research Institute II;

5. Fisheries Research Center III;

6. National Fishing Promotion Center;

7. Information Technology Center;

8. Fisheries Newspaper;

9. Fisheries Magazine.

The Minister of Fisheries shall take the lead and coordinate with the Minister of Home Affairs to develop a restructuring plan for existing schools to be submitted to the Prime Minister for approval.

Article 4. Effective date

This Decree takes effect fifteen days from the date of publication in the Official Gazette. It replaces Decree No. 50/CP dated June 21, 1994 of the Government on the tasks, powers, and organizational structure of the Ministry of Fisheries, and previous regulations that conflict with this Decree.

Article 5. Responsibilities for Implementation

The Minister of Fisheries, the Ministers, the Heads of Ministries equivalent to ministries, the Heads of government agencies, and the Chairpersons of the People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.