Decision No. 59/2014/QD-TTg on the functions, tasks, powers, and organizational structure of the Forest Administration under the Ministry of Agriculture and Rural Development

Pursuant to …;

||| Regulations on functions, tasks, powers, and organizational structure of

The Forestry 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 Forestry General Department under the Ministry of Agriculture and Rural Development.

Article 1. Position and Functions

1. The Forestry 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 forestry and conservation of forest ecosystems nationwide; organizing the implementation of public service activities related to forestry and conservation of forest ecosystems in accordance with the provisions of the law.

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

3. The headquarters of the Forestry 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 Forestry General Department.

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

3. Reviewing and promulgating industry-specific standards.

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

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

6. Regarding forest management:

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

Regulations on forest management; criteria for determining and classifying forests, functional zones of special-use forests and protective forests; changing the purpose of using forests in accordance with the provisions of the law;

Mechanisms and policies for protecting and developing forests; developing production, markets for wood products; production relations and organization of forestry production.

b) Directing and inspecting the investigation of forests; inventorying forests, monitoring changes in forests, forest resources, planted forest land, and establishing forest management files; allocating forests, leasing forests, recovering forests, changing the purpose of using forests, planning shifting cultivation areas, and sustainable forest management.

c) Reviewing strategies, plans, programs, and projects within the scope of management of the Forestry General Department as assigned by the Minister of Agriculture and Rural Development.

7. Regarding forest protection:

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

Organizing and building specialized firefighting and forest protection forces; management systems and maintenance of firefighting and forest protection forces;

Mobilizing forces and equipment from forestry inspection agencies and relevant ministries, sectors, and localities to promptly prevent serious deforestation incidents and extinguish forest fires when necessary.

b) Directing and inspecting the implementation of regulations on forest protection, development, and forest product management.

c) Unifying professional and technical matters of forestry inspection forces and forest protection forces; managing weapons, support tools, and equipment for forestry inspection forces and forest protection forces.

d) Cooperating with plant protection agencies in preventing and controlling forest pests.

8. Regarding natural forest conservation:

a) Submitting to the Minister of Agriculture and Rural Development for approval on the organization and management of the special-use forest system; management systems and lists of endangered, precious, and rare flora and fauna species; hunting of wild animals; announcing the list of wild animal and plant species listed in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

b) Directing and inspecting the following:

Establishing the special-use forest system nationwide;

Protecting forest ecosystems; investing in infrastructure construction and scientific research, management, conservation, biodiversity, environmental education linked to communities within the special-use forest system;

Managing endangered, precious, and rare flora and fauna; export, import, re-export, entry from sea, transit; breeding, growing, planting artificial trees of endangered, precious, and rare wild animal and plant species in accordance with the law.

c) Managing special-use forests as assigned by the Minister of Agriculture and Rural Development.

d) Directing the investigation and evaluation of endemic animals, plants, and microorganisms as prescribed by law.

đ) Implementing CITES member tasks as assigned by the Minister of Agriculture and Rural Development.

9. Regarding forest restoration and development:

a) Submitting to the Minister of Agriculture and Rural Development criteria for the status of various types of forests, plantation criteria, and enclosure criteria.

b) Directing and inspecting the implementation of forest restoration and development programs, projects, mechanisms, policies, and technical measures; scattered tree planting, non-timber forest products; combined forestry, agriculture, and aquaculture production.

10. Regarding forestry crop and livestock varieties:

a) Submitting to the Minister of Agriculture and Rural Development regulations on the management of forestry crop and livestock varieties.

b) Directing and inspecting the management of forestry crop and livestock varieties in accordance with the law.

c) Organizing activities to test and certify the quality of forestry crop and livestock varieties; issuing and revoking licenses and certificates regarding forestry crop and livestock varieties.

11. Regarding forest utilization:

a) Submitting to the Minister of Agriculture and Rural Development regulations on sustainable forest management; rules for logging and forest products; conditions for wood and forest product processing; organizing activities related to forest environmental services.

b) Directing and inspecting sustainable forest management; forest utilization and forest environmental service activities.

12. Regarding forest environment:

a) Submit to the Minister of Agriculture and Rural Development mechanisms and policies for managing, directing, and guiding the implementation of the National Program on Reducing Greenhouse Gas Emissions through Efforts to Reduce Deforestation and Forest Degradation, Conservation of Biodiversity, Sustainable Forest Management, and Increasing Carbon Storage in Forests.

b) Guide and inspect strategic environmental assessments, environmental impact assessments, and environmental protection commitments in forestry.

13. Perform tasks related to trade and forest products as assigned by the Minister of Agriculture and Rural Development.

14. Carry out tasks related to organizing production, cooperative economy, and building new rural areas within the scope of management of the General Department as prescribed by law.

15. Manage planning projects and basic investigations under the tasks of the General Department as assigned and delegated by the Minister of Agriculture and Rural Development.

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

17. Organize scientific research, technology transfer, and forestry promotion as assigned and delegated by the Minister of Agriculture and Rural Development.

18. Implement international cooperation as delegated by the Minister of Agriculture and Rural Development.

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

20. Manage organizational structure, civil servant quota, job positions, number of officials and employees; implement salary systems and incentive, reward, and disciplinary policies; participate in training and professional development for civil servants and officials under the management of the General Department as delegated by the Minister of Agriculture and Rural Development.

21. Guide and inspect the activities of associations and non-governmental organizations as delegated by the Minister of Agriculture and Rural Development.

22. Conduct specialized inspections and audits as prescribed by law; resolve complaints and denunciations; prevent and combat corruption and wastefulness; handle violations of the law; practice thrift and combat waste within the authority granted.

23. Manage finance, assets, and other resources allocated as prescribed by law.

24. Manage investment construction as delegated by the Minister of Agriculture and Rural Development and as prescribed by law.

25. Manage the Vietnam Forest Protection and Development Fund and international financial resources supporting the forestry sector as prescribed.

26. 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. The Nature Conservation Department.

5. The Forest Development Department.

6. The Forestry Production Management Department.

7. Office of the Water Resources Agency.

8. The Forest Inspection Service (with Regional Forest Inspection Branches: Region I, Region II, Region III, Region IV).

9. The CITES Management Authority of Vietnam (with a Southern Representative Office in Ho Chi Minh City).

10. Tam Dao National Park.

11. Ba Vi National Park.

12. Cuc Phuong National Park.

13. Bach Ma National Park.

14. Cat Tien National Park.

15. YokDon National Park.

In this Article, organizations from Clause 1 to Clause 9 are organizations assisting the Director-General in performing state management functions; organizations from Clause 10 to Clause 15 are public service units directly subordinate to the General Department.

Article 4. Leadership of the General Department

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

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

Deputy Director-Generals shall be appointed and relieved of their duties by the Minister of Agriculture and Rural Development in accordance with the law.

3. The Director-General of the Forestry General Department shall define the functions, tasks, authorities, and organizational structures of subordinate agencies and units; submit to the Minister of Agriculture and Rural Development for defining the functions, tasks, authorities, and organizational structures of the Forest Inspection Service; issue regulations governing the operations of the General Department; appoint and relieve leaders and managers within the General Department in accordance with the law and the delegation of the Minister of Agriculture and Rural Development.

4. The Director-General of the Forestry General Department shall be responsible to the Minister and to the law for all activities of the General Department. Deputy Director-Generals of the Forestry General Department shall be responsible to the Director-General and to the law for the fields of work they are assigned to oversee.

Article 5. Effective Date

This Decision takes effect from December 15, 2014, and replaces Decision No. 04/2010/QĐ-TTg dated January 25, 2010, of the Prime Minister prescribing the functions, tasks, authorities, and organizational structure of the Forestry 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, Chairpersons of People's Committees of provinces and centrally governed cities, and the Director-General of the Forestry General Department are responsible for implementing this Decision./.