Decree No. 86/2003/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development

DECREE

Regulations on functions, tasks, powers, and organizational structure

of the Ministry of Agriculture and Rural Development

________________

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 Agriculture and Rural Development and the Minister of Interior,

DECREE:

Article 1. Position and Functions

The Ministry of Agriculture and Rural Development is a government agency responsible for performing state management functions in agriculture, forestry, salt industry, irrigation, and rural development throughout the country; managing public services and representing the State's ownership interest in enterprises with state capital within the scope of the Ministry's management as prescribed by law.

Article 2. Tasks and Powers

The Ministry of Agriculture and Rural Development 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 tasks and 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 areas under the Ministry’s state management.

2. Submit to the Government and the Prime Minister strategies, plans for development, long-term, five-year, and annual plans, and important programs and projects under the Ministry’s state management functions.

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, programs, projects, economic and technical standards and norms concerning agriculture, forestry, salt industry, irrigation, and rural development that have been approved; provide information, disseminate, popularize, and educate about laws in areas under the Ministry’s state management functions.

5. Regarding agriculture (crop cultivation, animal husbandry):

a) Manage state affairs regarding agricultural product production, harvesting, and preservation;

b) Uniformly manage agricultural product processing;

c) Manage state affairs regarding agricultural crop seeds and livestock breeding seeds;

d) Uniformly manage agricultural materials, fertilizers, and livestock feed;

đ) Manage state affairs regarding plant protection, veterinary medicine, plant quarantine, and animal quarantine; organize quarantine for agricultural livestock, wildlife animals, and exported and imported plants and animals according to the provisions of law and international treaties to which the Socialist Republic of Vietnam has signed or joined.

6. Regarding forestry:

a) Manage state affairs regarding forest planting, forest resource development, timber extraction, and preservation;

b) Uniformly manage timber processing;

c) Manage state affairs regarding forestry tree seeds and forestry materials;

d) Manage state affairs regarding forest resource protection.

7. Regarding the salt industry:

a) Manage state affairs regarding salt production and preservation, and salt products;

b) Uniformly manage salt processing and salt products.

8. Regarding irrigation:

a) Uniformly manage the construction, operation, use, and protection of irrigation works and rural water supply and drainage works;

b) Uniformly manage river basins, exploitation, utilization, and comprehensive development of rivers according to approved planning and plans;

c) Uniformly manage dike construction, protection, flood and storm prevention works, and flood, storm, drought, and coastal erosion prevention work.

9. Regarding rural development:

a) Consolidate and submit to the Government and the Prime Minister for issuance of plans, programs, and policies on rural development;

b) Uniformly manage the adjustment and resettlement of rural and agricultural populations according to the provisions of law;

c) Uniformly manage household and farm economy development, cooperative and state-owned agricultural and forestry farms;

d) Uniformly manage agricultural and forestry extension work and rural industry development;

đ) Uniformly manage rural clean water exploitation and utilization.

10. Manage national reserves of materials and equipment as assigned by the Government.

11. Regarding science and technology:

a) Uniformly manage the establishment of programs, plans, and research topics on the application of scientific and technological progress in agriculture, forestry, salt industry, irrigation, and rural development according to the provisions of law;

b) Manage state affairs regarding gene banks of wild flora and fauna (including forest plants and wild animals), microorganisms used in agriculture, forestry, and salt industry according to the provisions of law;

c) Manage standards and quality of agricultural, forestry, and salt industry materials and products. Inspect the quality of specialized equipment and construction works under the Ministry's management;

d) Manage scientific and technological information and intellectual property rights in fields under the Ministry's management according to the provisions of law.

12. Regarding trade promotion:

a) Coordinate with the Ministry of Trade to establish mechanisms and policies for developing markets for agricultural, forestry, and salt industry products;

b) Coordinate with the Ministry of Trade to develop and forecast market development trends for agricultural, forestry, and salt industry products;

c) Uniformly manage the organization of agricultural, forestry, salt industry, and irrigation fairs and exhibitions and rural development according to the provisions of law.

13. Implement international cooperation in agriculture, forestry, salt industry, irrigation, and rural development according to the provisions of law.

14. Perform specific tasks and powers related to representing the State's ownership interest in enterprises with state capital in fields under the Ministry's management according to the provisions of law.

15. Regarding public service activities:

a) Manage and direct the activities of organizations under the Ministry;

b) Manage state affairs regarding public service organizations in agriculture, forestry, salt industry, irrigation, and rural development according to the provisions of law.

16. Manage state affairs regarding the activities of associations and non-governmental organizations in fields under the Ministry's state management functions according to the provisions of law.

17. Conduct inspections, handle complaints and denunciations, combat corruption and malpractice, and enforce violations of laws concerning agriculture, forestry, salt industry, irrigation, and rural development according to the provisions of law.

18. Decide and direct the implementation of the Ministry's administrative reform program according to the goals and content of the State administrative reform program approved by the Prime Minister.

19. To serve as the central agency for flood and storm prevention and control, forest fire prevention and firefighting, desertification prevention; to serve as the permanent office of the Mekong River Commission of Vietnam, the authority managing international trade in endangered wild flora and fauna species, and the National Food Security Program in accordance with the law.

20. To manage organizational structure and staffing; to direct the implementation of salary systems and incentive policies, rewards, and disciplinary measures for state officials under the Ministry's jurisdiction; to train, develop, and build a cadre of state officials in agriculture, forestry, salt industry, irrigation, and rural development.

21. To manage financial resources and assets assigned, and to organize the implementation of the budget allocated in accordance with the law.

Article 3. Organizational Structure of the Ministry

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

1. Planning Department;

2. Department of Finance;

3. Science and Technology Department;

4. Department of International Cooperation;

5. Legal Affairs Department;

6. THE ORGANIZATION AND HUMAN RESOURCES DEPARTMENT;

7. Agriculture Bureau;

8. Plant Protection Bureau;

9. Animal Health Bureau;

10. Agricultural and Forestry Product Processing and Salt Industry Bureau;

11. Forestry Bureau;

12. Forest Protection Bureau;

13. Irrigation Bureau;

14. Dike Management and Flood and Storm Prevention Bureau;

15. Construction Bureau;

16. Cooperative and Rural Development Bureau;

17. Inspectorate;

18. Office.

b) Scientific and Technological Organizations under the Ministry:

1. Information Technology Center;

2. National Agricultural Extension Center;

3. Rural Water Supply and Environmental Sanitation Center;

4. Viet Nam Agriculture Newspaper;

5. Agriculture and Rural Development Magazine.

The Minister of Agriculture and Rural Development shall take the lead in coordinating with the Minister of Home Affairs to draft a restructuring plan and management mechanism for institutes, schools, and other public service units under the Ministry, to be submitted to the Prime Minister for decision before June 30, 2004. Until the Prime Minister issues a new decision, existing public service units under the Ministry shall continue to operate in accordance with current regulations.

Article 4. Effectiveness

This Decree shall take effect fifteen days from the date of publication in the Official Gazette. This Decree replaces Government Decree No. 73/CP dated November 1, 1995 on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development. Article 4 of Government Decree No. 13/CP dated March 2, 1993 on the agricultural extension work regulations, Article 4 of Government Decree No. 39/CP dated May 18, 1994 on the organizational system and tasks of Forest Protection, and Decisions No. 346/TTg, 347/TTg, 348/TTg, 349/TTg, 350/TTg, 352/TTg, 353/TTg, 354/TTg, and 355/TTg dated May 28, 1996 of the Prime Minister on the functions, tasks, powers, and organizational structure of Bureaus under the Ministry of Agriculture and Rural Development are hereby repealed. Any previous provisions that conflict with this Decree are also abolished.

Article 5. Responsibility for Implementation

The Minister of Agriculture and Rural Development, Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairpersons of People's Committees of provinces and centrally-administered cities are responsible for implementing this Decree./.