Decision No. 88/2003/QD-BNN on the functions, tasks, powers, and organizational structure of the Plant Protection Department

DECISION OF THE MINISTER

MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Regulations on functions, tasks, powers

and the organizational structure of the Plant Protection Agency

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

WHEREAS, the Plant Protection and Quarantine Law 2001;

WHEREAS, Decree No. 86/2003/NĐ-CP dated July 18, 2003 of the Government stipulates the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

WHEREAS, Article 19 of Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulates the functions, tasks, powers, and organizational structure of Ministries and agencies at the ministerial level;

These regulations are hereby promulgated along with this Decision "Regulations on the Transfer, Rotation, and Temporary Assignment of Officials and Civil Servants of the Government Inspectorate."

DECISION:

Article 1. Position and Functions

The Plant Protection Agency is a subordinate agency under the Ministry of Agriculture and Rural Development, implementing state management and specialized inspection functions regarding plant protection and quarantine, plant protection products throughout the country.

The Plant Protection Agency has legal personality, its own seal, operating funds, and is entitled to open bank accounts in accordance with the law.

The headquarters of the Plant Protection Agency 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;

The Plant Protection Agency is assigned by the Minister to perform specific tasks and powers as follows:

1. Submitting to the Minister draft laws, ordinances, and draft regulatory legal documents within the scope of specialized management of the Agency.

2. Submitting to the Minister strategies, plans, policies, five-year and annual plans, programs, projects, and proposals within the scope of specialized management of the Agency according to the division of labor by the Minister.

3. Issuing documents on business management; providing guidance on professional and business matters within the specialized field according to the division of labor by the Minister.

4. Directing, guiding, inspecting, and being responsible for the implementation of regulatory legal documents, plans, programs, projects, standards, procedures, norms, and economic-technical quotas within the specialized field that have been approved, and promoting, disseminating, and educating about laws within the specialized field managed by the Agency.

5. Regarding specialized management:

a) Regarding plant protection:

- Managing state activities related to investigation, detection, forecasting, and directing the implementation of measures to prevent and control major pests affecting primary plant resources;

- Submitting to the Minister for publication and revocation of pest outbreak announcements in accordance with the law.

b) Regarding plant quarantine:

- Managing and directing domestic plant quarantine activities;

- Submitting to the Minister for publication and revocation of lists of quarantine objects, quarantine items, and new dangerous pests appearing in Vietnam during each period; publishing or revoking announcements concerning quarantine objects and newly emerged dangerous pests according to the law;

- Implementing import and post-import quarantine, export, temporary import for re-export, temporary export for re-import, transit, and handling quarantine items according to the law and international agreements on plant quarantine to which Vietnam is a party;

- Managing fumigation activities in accordance with national regulations and international agreements to which Vietnam is a party.

c) Regarding plant protection products:

- Managing registration of plant protection products;

- Managing trials of new plant protection products;

- Submitting to the Minister for publication of lists of permitted, restricted, and prohibited plant protection products in Vietnam; allocating import quotas for restricted plant protection products;

- Submitting to the Minister for approval of imports of restricted plant protection products not included in the list of permitted products;

- Managing and organizing quality testing of raw materials and finished plant protection products according to the law;

- Managing the use of plant protection products according to the law;

- Managing and organizing residue testing of plant protection products in agricultural and forestry products and the agricultural environment after their use;

- Uniformly managing the destruction of plant protection products and packaging according to the law;

- Managing national reserves of plant protection products according to regulations.

d) Implementing extension services on plant protection according to the Minister's assignment.

đ) Being authorized by the Minister to issue, revoke various licenses, certificates, and practice certificates related to plant protection, plant quarantine, and plant protection products in accordance with the law.

6. Regarding science and technology:

a) Developing and submitting to the Minister programs, plans, research topics; managing and organizing the implementation of scientific research results, technological advancements within the scope of specialized management of the Agency;

b) Organizing the collection and management of scientific and technological information within the scope of specialized management of the Agency.

7. Participating in developing mechanisms and policies to promote production, improve quality, and facilitate trade in crop products.

8. Developing international cooperation programs on plant protection, plant quarantine, and plant protection products; participating in negotiations to sign and join international treaties and organizations on plant protection, plant quarantine, and plant protection products; organizing the implementation of international treaties and cooperation projects according to the Minister's assignment.

9. Managing certain public service units under the Ministry in the fields of plant protection, plant quarantine, and plant protection products according to the Minister's assignment.

10. Participating in managing the activities of associations and non-governmental organizations within the scope of the Agency's management according to the Minister's assignment.

11. Conducting specialized inspections; investigating, resolving complaints and reports; combating corruption and malpractice; handling violations in the fields of plant protection, plant quarantine, and plant protection products within the authority granted.

12. Developing and implementing the Agency's administrative reform program according to the objectives and content of the Ministry's administrative reform program.

13. Regarding organizational and personnel management:

a) Regarding organizational work:

- Planning the network of plant protection and quarantine nationwide;

- Managing and directing the construction of the national plant protection and quarantine system according to the law and the Ministry's delegation;

- Managing uniforms, insignia, badges, emblems, inspection cards, and quarantine cards, and the issuance and usage regulations for specialized inspectors and quarantine officers.

b) Regarding personnel work:

- Participate in training and professional development for civil servants, officials, and mass forces involved in plant protection and plant quarantine;

- Implement salary systems and incentive policies, rewards, and disciplinary measures for civil servants and officials under the management of the Department;

14. Manage the collection and use of various fees and charges as prescribed by law; manage finances, assets, and other resources assigned; organize the implementation of allocated budgets as prescribed.

15. Perform other tasks assigned by the Minister.

Article 3. Organizational Structure

1. Leadership of the Bureau:

The Bureau leadership consists of the Director and Deputy Directors appointed by the Minister of Agriculture and Rural Development in accordance with regulations.

The Director manages the activities of the Department, is responsible to the Minister of Agriculture and Rural Development and to the law regarding the activities of the Department and the assigned tasks.

Deputy Directors assist the Director, are responsible to the Director and to the law regarding the performance of assigned tasks. The number of Deputy Directors shall not exceed three; if exceeded, a report must be submitted to the Minister.

2. Management Structure of the Bureau:

a) Administrative - Organization Division;

b) Financial Department;

c) Planning Division (science, international cooperation);

d) Inspection - Legal Affairs Division;

đ) Plant Protection Division;

e) Plant Quarantine Division;

g) Pesticide Management Division;

h) Permanent Office in Ho Chi Minh City.

3. Subordinate units:

The Director of the Plant Protection Department shall develop a restructuring plan for existing subordinate units to submit to the Minister for decision before December 31, 2003; define the functions and responsibilities of divisions and sections; establish the Department's operational regulations to submit to the Minister for approval and implementation.

Until the Minister issues new decisions, existing subordinate units of the Department shall operate according to current regulations.

Article 4. Effective date

This Decision takes effect fifteen days after its publication in the Official Gazette of the Government; it replaces Decision No. 874/NN-TCCB/QD dated June 24, 1996 of the Minister of Agriculture and Rural Development on the functions, duties, authorities, and organizational structure of the Plant Protection Department, and previous regulations of the Ministry that conflict with this Decision.

Article 5. Responsibilities for Implementation

The Director of the Plant Protection Department, the Head of the Office, Heads of Departments, Directors of other Bureaus, Chairpersons of People's Committees of provinces and centrally-administered cities, Directors of Provincial Departments of Agriculture and Rural Development, and Heads of related agencies and units under the Ministry are responsible for implementing this Decision./.