Decision No. 58/2014/QD-TTg on the functions, tasks, powers, and organizational structure of the General Department of Irrigation under the Ministry of Agriculture and Rural Development

Pursuant to …;

Regulations on functions, tasks, powers, and organizational structure

of The Water Resources 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 promulgates the Decision stipulating the functions, tasks, powers and organizational structure of the Water Resources Agency under the Ministry of Agriculture and Rural Development.

Article 1. Position and Functions

1. The Water Resources 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 water resources, dyke systems, disaster prevention and control, and rural clean water throughout the country; organizing activities of public services related to water resources, dyke systems, disaster prevention and control, and rural clean water according to the provisions of the law.

3. The headquarters of the Water Resources Agency is located in Hanoi City.

1. Submit to the Minister of Agriculture and Rural Development:

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 General Department.

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

3. Reviewing and promulgating industry-specific standards.

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

5. Directing, inspecting, and organizing the implementation of normative legal documents, mechanisms, policies, strategies, plans, programs, projects, and proposals within the scope of management of the General Department.

6. Regarding water resources planning:

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

Policy for establishing, reviewing, and adjusting water resources planning by river basins, regions, and inter-provincial water resources systems;

Planning and adjusting water resources planning by river basins, regions, and inter-provincial water resources systems; opinions on water resources planning and related planning managed by ministries, sectors, and localities according to the law.

b) Guiding and inspecting the establishment, review, and adjustment of water resources planning based on planning approved by the Prime Minister and the Minister of Agriculture and Rural Development.

c) Guiding procedures, formalities, contents of establishing and managing water resources planning.

7. Regarding exploitation and protection of water resources works:

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

Measures to ensure safety and handle accidents of inter-provincial water resources works and important national water resources works managed by the Ministry according to the law;

Operation procedures of water resources work systems, reservoir regulation procedures, safety assurance plans for dams, flood prevention for downstream areas; dam safety inspections;

Classification of management of exploitation of water resources works for agricultural production and other purposes;

Organization of management of water resources work systems; quotas in management of exploitation and protection of water resources works; regular maintenance regime of water resources works.

b) Guiding and inspecting the establishment and implementation of operation procedures of water resources work systems; ensuring safety and handling accidents of water resources works.

c) Guiding and inspecting the comprehensive exploitation of water resources works, using water resources efficiently and economically in water resources work systems.

d) Guiding procedures, formalities, and documents for allocating plans, placing orders, bidding for public goods and services in the management of exploitation of water resources works.

đ) Issuing, revoking, and extending permits for management and protection of water resources works according to the law and the division of responsibilities by the Minister.

8. Regarding dyke systems:

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

Planning and adjusting flood prevention planning for rivers with dykes nationwide; planning and adjusting dyke system planning according to the law;

Publicly announcing flood prevention planning and adjustments for rivers with dykes nationwide;

Approving issuance of permits for activities concerning special grade, grade I, grade II, and grade III dykes; construction and improvement of transportation works related to dyke systems affecting two provinces or more according to the law;

Regulations on classification of dykes, permissible loads, and permits for motor vehicles traveling on dykes; guiding issuance, revocation, and extension of permits for certain activities related to dyke systems according to the law; guiding procedures and formalities for planning and adjusting dyke system planning;

Dyke guarding work and mobilization of forces, materials, and equipment for rescue operations according to the law.

b) Implementing tasks related to dyke system management according to the Law on Dyke Systems and the division of responsibilities by the Minister of Agriculture and Rural Development.

9. Regarding disaster prevention and control:

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

Disaster prevention planning;

Measures for mobilizing resources, materials, and equipment for disaster prevention and recovery from disasters affecting dyke systems and water resources works;

Comprehensive reports and assessments of damage caused by disasters nationwide according to the law.

b) Guiding and inspecting the implementation of regulations on emergency situations requiring flood diversion, delayed flooding, evacuation measures, subsidies, production assurance, and livelihoods of people; disaster prevention and recovery from disasters affecting dyke systems and water resources works.

c) Organizing monitoring and updating information on disaster situations nationwide; coordinating with relevant sectors, organizations, and localities to propose solutions for handling accidents at water resources works and recovering from disaster impacts.

d) Implementing disaster prevention and control tasks according to the division of responsibilities by the Minister of Agriculture and Rural Development and requirements of the Central Steering Committee for Disaster Prevention and Control.

đ) Assisting the Minister of Agriculture and Rural Development in implementing permanent disaster prevention and control tasks; assisting the Central Steering Committee for Disaster Prevention and Control according to the law.

10. Regarding rural clean water:

Guiding and inspecting the establishment of planning and construction, management, utilization, and protection of rural water supply, drainage, clean water, and environmental sanitation works; socializing rural clean water supply.

11. Managing planning and basic investigation projects within the scope of management of the General Department according to the division of responsibilities by the Minister of Agriculture and Rural Development.

12. Organize statistical work and manage databases within the scope of management of the General Department.

13. Organize scientific research, technology transfer, and agricultural extension according to the division of labor and levels assigned by the Minister of Agriculture and Rural Development.

14. Implement international cooperation according to the levels assigned by the Minister of Agriculture and Rural Development.

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

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

17. Guide and inspect the activities of associations and non-governmental organizations according to the levels assigned by the Minister of Agriculture and Rural Development.

18. Conduct specialized inspection and supervision according to the provisions of the law; handle complaints and denunciations; prevent corruption and malpractice and deal with violations of the law; practice thrift and combat waste according to authority.

8. The Disaster Response and Consequence Mitigation Bureau.

20. Manage investment and construction according to the levels assigned by the Minister of Agriculture and Rural Development and the provisions of the law.

21. Perform the standing tasks of the Central Steering Committee for Natural Disaster Prevention and Control.

22. 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.

4. Department of Basic Construction Management.

5. Department of Water Resource and Rural Clean Water Management.

6. Department of Irrigation Works and Dam Safety Management.

7. Department of Dike and Embankment Management.

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

9. National Center for Flood and Storm Prevention and Control (including the Central and Western Highlands Flood and Storm Prevention and Control Sub-Center and the Southern Flood and Storm Prevention and Control Sub-Center).

10. Center for Consulting and Technology Transfer in Irrigation.

11. Center for Disaster Prevention, Mitigation and Response.

In this Article, the organizations from Clause 1 to Clause 9 are organizations assisting the Director-General in performing state management functions; the organizations from Clause 10 to Clause 11 are public service units directly subordinate to the General Department.

Article 4. Leadership of the General Department

1. The General Department of Water Resources has a Director-General and not more than three Deputy Director-Generals.

2. The Director-General of the General Department of Water Resources shall concurrently hold the position of Deputy Minister of Agriculture and Rural Development, and be responsible before the Minister of Agriculture and Rural Development and the law for all activities of the General Department.

The Deputy Director-Generals shall be appointed, assigned, and relieved of their duties by the Minister of Agriculture and Rural Development according to the provisions of the law.

3. The Director-General of the General Department of Water Resources shall define the functions, tasks, powers, and organizational structures of the subordinate agencies and units; submit to the Minister of Agriculture and Rural Development for defining the functions, tasks, powers, and organizational structures of the National Center for Flood and Storm Prevention and Control; issue the operational regulations of the General Department; appoint and relieve of duties the leadership and management positions within the General Department according to the provisions of the law and the levels assigned by the Minister of Agriculture and Rural Development.

4. The Director-General of the General Department of Water Resources shall be responsible before the Minister and the law for all activities of the General Department. The Deputy Director-General of the General Department of Water Resources shall be responsible before the Director-General and the law for the areas of work assigned to them.

Article 5. Effective Date

This Decision takes effect from December 15, 2014, and replaces Decision No. 03/2010/QĐ-TTg dated January 25, 2010, of the Government Chairman on the functions, tasks, powers, and organizational structure of the General Department of Water Resources 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 People's Committees of provinces and centrally governed cities, and the Director-General of the General Department of Water Resources are responsible for implementing this Decision./.