Decision No. 57/2014/QD-TTg on the functions, tasks, powers, and organizational structure of the Fisheries General Department under the Ministry of Agriculture and Rural Development

Pursuant to …;

Regulations on functions, tasks, powers, and organizational structure

of The Fisheries General Department under the Ministry of Agriculture and Rural Development

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

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

At the request of the Minister of Agriculture and Rural Development,

The Prime Minister issues this Decision to stipulate the functions, tasks, powers, and organizational structure of the Fisheries General Department under the Ministry of Agriculture and Rural Development.

Article 1. Position and Functions

1. The Fisheries General Department is an organization under the Ministry of Agriculture and Rural Development, performing the function of advising and assisting the Minister of Agriculture and Rural Development in state management and enforcement of laws on fisheries throughout the country; organizing the provision of public services related to fisheries in accordance with the provisions of the law.

2. The Fisheries General Department has legal personality, a seal with the National Emblem, a separate account, and operational funds provided by the state budget.

3. The headquarters of the Fisheries General Department is located in Hanoi 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 to the Minister of Agriculture and Rural Development:

a) Draft laws, draft resolutions of the National Assembly; draft ordinances, draft resolutions of the Standing Committee of the National Assembly; draft decrees, resolutions of the Government; draft decisions, directives of the Prime Minister; mechanisms, policies, and other documents within the scope of management of the Fisheries General Department.

b) Strategies, plans, long-term, medium-term, annual programs, projects, proposals, and important national works within the scope of management of the Fisheries General Department.

c) National standards, national technical regulations, technical norms and economic-technical quotas within the scope of management of the General Department.

2. Issuing professional guidance documents within the scope of management of the Fisheries General Department.

3. Reviewing and promulgating industry-specific standards.

4. Organizing propaganda, dissemination, and education on laws within the scope of management of the Fisheries General Department.

5. Guiding, inspecting, and implementing regulatory legal documents, strategies, plans, programs, projects, and proposals within the scope of management of the Fisheries General Department.

6. Regarding conservation and development of fishery resources:

a) Submit to the Minister of Agriculture and Rural Development:

Publishing lists of fish species recorded in the Red Book of Vietnam and other prohibited fishing species; lists of fish species prohibited from fishing for a limited period and the prohibition period; regulations on fishing methods, types of fishing operations, fishing equipment, seasons, and areas to protect and develop fishery resources;

Standards for classification and publication of inland water conservation zones, marine conservation zones; planning, construction, and hierarchical management of inland water conservation zones, marine conservation zones; management regulations for inland water conservation zones, marine conservation zones of national and international importance within the scope of management of the Fisheries General Department.

b) Guiding, inspecting the investigation, assessment, and protection of living environments of fish species; conservation, regeneration, and development of fishery resources; measures to protect aquatic ecosystem environments, conserve genetic funds, and biodiversity of fishery resources.

7. Regarding fishing activities:

a) Submitting to the Minister of Agriculture and Rural Development for approval of fishing zones and lines; allocation and hierarchical management of fishing activities; management regulations for fishing activities; procedures and formalities for issuing and revoking fishing permits; safety conditions for people and fishing vessels.

b) Guiding the organization of production and occupational restructuring in fishing activities.

c) Conducting surveys and assessments of fishery resources in each sea area, fishing grounds, large water bodies, rivers, and lakes; forecasting and publishing fishing grounds, fishing areas; determining allowable catch volume annually in each sea area, fishing ground; establishing a system for managing fishing activities, encouraging distant-water fishing.

d) Guiding the approval of design documents for new and modified fishing vessels according to the provisions of the law.

đ) Guiding vessel inspection work; organizing inspections for vessels under the jurisdiction of the Fisheries General Department.

e) Coordinating with relevant ministries, sectors, and coastal provincial People's Committees to manage fishing vessels engaged in marine fishing activities; guiding communication, disaster prevention, search and rescue operations for fishing vessels.

8. Regarding aquaculture:

a) Submitting to the Minister of Agriculture and Rural Development for approval of concentrated aquaculture region planning; list of permitted strains, feed, biological preparations, microorganisms, treatment products, and environmental improvement products used in aquaculture in Vietnam.

b) Guiding and inspecting the quality of strains, feed, biological preparations, microorganisms, treatment products, and environmental improvement products used in aquaculture; issuing permits for the export and import of strains, feed, treatment products, and environmental improvement products used in aquaculture.

c) Implementing disease prevention and control tasks in aquaculture according to the division of labor by the Minister of Agriculture and Rural Development.

d) Guiding disaster prevention in aquaculture.

đ) Guiding the organization of production in aquaculture.

e) Guiding and inspecting environmental monitoring and warning activities in the field of aquaculture; testing, inspection, and certification activities in aquaculture.

g) Coordinating with competent agencies to guide land and water leasing, transfer, and recovery for aquaculture in accordance with the law.

9. Regarding fisheries surveillance:

Implementing state management over fisheries surveillance in accordance with the law and the division of labor by the Minister of Agriculture and Rural Development.

10. Managing planning and basic survey projects within the tasks of the Fisheries General Department according to the division of labor by the Minister of Agriculture and Rural Development.

11. Organizing statistical work and managing databases within the scope of management of the Fisheries General Department.

12. Building and managing specialized information systems in fisheries; coordinating with professional agencies to implement communication and propaganda programs on fisheries in accordance with the law.

13. Organizing scientific research, technology transfer, and extension work according to the division of labor by the Minister of Agriculture and Rural Development.

14. Implementing international cooperation according to the division of labor by the Minister of Agriculture and Rural Development.

15. Implementing administrative reform according to the administrative reform program of the Ministry of Agriculture and Rural Development.

16. Implementing tasks related to trade, fishery markets, and trade promotion according to the division of labor by the Minister of Agriculture and Rural Development.

17. Manage the organizational structure, civil servant staffing, job positions, number of officials and employees; implement salary systems and incentive policies, commendation and reward systems, disciplinary measures; participate in training and professional development for civil servants and officials under the management of the General Department according to the分级授权 of the Minister of Agriculture and Rural Development.

18. Guide and inspect the activities of associations and non-governmental organizations according to the division of authority of the Minister of Agriculture and Rural Development;

19. Carry out specialized inspection and supervision work as prescribed by law; handle complaints and denunciations; prevent and combat corruption and negative practices, and deal with violations of the law; practice thrift and combat waste within the scope of authority.

20. Manage finance, assets, and other resources allocated according to the provisions of the law.

21. Manage investment and construction projects according to the分级授权 of the Minister of Agriculture and Rural Development and the provisions of the law.

22. Manage the Fisheries Resource Restoration Fund and international financial resources supporting the fisheries sector as prescribed.

23. Perform other tasks assigned by the Minister of Agriculture and Rural Development.

Article 3. Organizational Structure

1. Department of Planning and Finance.

2. Science, Technology, and International Cooperation Department.

3. Legal Affairs and Inspection Department.

6. The Department of Fisheries Exploitation.

8. The Fisheries Surveillance Agency.

9. The Testing, Inspection, and Certification Center for Aquaculture.

7. The Office of the General Department (with a representative office in Ho Chi Minh City).

8. The Fisheries Surveillance Service (with regional Fisheries Surveillance Sub-Services).

9. The Fishing Vessel Inspection Center.

10. The Aquaculture Testing, Inspection, and Certification Center.

The Office of the General Department has four departments, the Fisheries Surveillance Agency has an office, four departments, and five Regional Fisheries Surveillance Bureaus.

In this Article, organizations from Clause 1 to Clause 8 are those assisting the General Department Director in performing state management functions; organizations from Clause 9 to Clause 11 are public service units directly under the General Department.

Article 4. Leadership of the General Department

1. The Fisheries General Department has a Director and not more than three Deputy Directors.

2. The Director of the Fisheries General Department concurrently holds the position of Deputy Minister of Agriculture and Rural Development, and is responsible to the Minister of Agriculture and Rural Development and the law for all activities of the General Department.

Deputy Directors are appointed and relieved of their duties by the Minister of Agriculture and Rural Development according to the provisions of the law.

3. The Director of the Fisheries General Department stipulates the functions, tasks, authorities, and organizational structures of subordinate agencies and units; submits to the Minister of Agriculture and Rural Development for approval the functions, tasks, authorities, and organizational structures of the Fisheries Surveillance Service; promulgates the operational regulations of the General Department; appoints and relieves leaders and managers within the General Department of their duties according to the provisions of the law and分级授权 of the Minister of Agriculture and Rural Development.

4. The Director of the Fisheries General Department is responsible to the Minister and the law for all activities of the General Department. Deputy Directors of the Fisheries General Department are responsible to the Director and the law for the areas of work they are assigned to manage.

Article 5. Effective Date

This Decision takes effect from December 15, 2014. It replaces Decision No. 05/2010/QĐ-TTg dated January 25, 2010 of the Government Chairman on the functions, tasks, authorities, and organizational structure of the Fisheries General Department under the Ministry of Agriculture and Rural Development.

Article 6. Responsibility for Implementation

The Minister of Agriculture and Rural Development, Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial and centrally governed city People's Committees, and the Director of the Fisheries General Department are responsible for implementing this Decision./.