Decision No. 91/2003/QD-BNN on the functions, tasks, powers, and organizational structure of the Forest Management Department

Pursuant to …;

REGULATIONS ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE FORESTRY DEPARTMENT

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

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

Pursuant to Article 19 of Decree No. 86/2002/NĐ-CP dated November 5, 2003 of the Government on the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

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 Forestry Department is a subordinate agency under the Ministry of Agriculture and Rural Development, performing the specialized state management function for forestry throughout the country.

The Forestry Department has legal personality, its own seal, operating funds, and is authorized to open bank accounts in accordance with the law.

The headquarters of the Forestry 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;

The Forestry Department is assigned by the Minister to carry out the state management function for forestry regarding afforestation, forest resource development, and timber extraction nationwide within the scope of the Ministry's management, specifically as follows:

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

2. Submit to the Minister strategies, plans for development, policies, five-year and annual plans, programs, projects, and proposals concerning forestry within the specialized management scope of the Department according to the Minister’s assignment.

3. Issue documents on business management; provide guidance on professional and business matters within the specialized field according to the Minister’s classification.

4. Direct, guide, inspect, and be responsible for implementing regulatory legal documents, plans, programs, projects, standards, procedures, regulations, economic and technical norms that have been approved, and disseminate, popularize, and educate about laws related to the specialized management of the Department.

5. Regarding specialized forestry management:

a) Forest resource management:

- Manage basic forestry surveys: review and manage the implementation of basic forestry survey projects, investment in raw material regions linked to timber preservation and processing according to planning; monitor, assess the evolution of forest resources and forest land; create forest and forest land maps;

- State management over special-use forests, protective forests, production forests; submit to the Minister the establishment of special-use forests and protective forests;

- Manage the monitoring of the evolution of forest resources and forest land;

- Participate in reviewing plans for land use and changes in land use purposes for forest land.

b) Afforestation:

- State management over afforestation planning, programs, and projects;

- Lead in developing procedures, norms, and economic and technical standards for afforestation, regeneration, and enrichment of forests;

c) Regarding forest tree seeds:

- State management over forest tree seeds in accordance with the law;

- Investigate and compile statistics on forest tree seedlings; collect, conserve, and utilize forest tree seedlings; procedures, norms, techniques, and technologies for forest tree seedlings;

- Manage the quality of forest tree seedlings and activities for quality inspection and testing of forest tree seeds; trial and recommend new forest tree varieties; protect new forest tree varieties; evaluate and recognize seedling nurseries; advise on the use of new forest tree varieties;

- Issue and revoke permits and certificates regarding forest tree seeds within the authority granted;

- Submit to the Minister lists of forest tree seedlings according to legal provisions;

- Manage the system for breeding, testing, inspecting, producing, and trading forest tree seeds;

- Develop and manage databases on forest tree seedlings;

- Manage the export and import of forest tree seedlings.

d) State management over forest materials.

đ) Regarding logging and forest utilization:

- Direct the preparation and approval of plans for natural forest harvesting;

- Submit to the Ministry annual plans for wood and other forest product harvesting;

- Review comprehensive design documents for natural forest wood harvesting, submit to the Minister decisions to open up natural forest wood harvesting in provinces and centrally-administered cities;

- Review design documents for the utilization and recovery of wood in natural forests;

- Approve the harvesting of planted forest wood from state budget sources for units under the Ministry;

- Guide the use of wood and other forest products;

- Participate in managing the export and import of wood and other forest products.

e) Participate in managing the preservation and processing of forest products.

g) Participate in directing forest promotion and social forestry development.

Collect information, compile reports, and build databases to support specialized forestry management work.

6. Regarding science and technology:

a) Develop and submit to the Minister programs, plans, and research topics on forestry science and technology applications; manage and organize the implementation of scientific research results and technological advancements within the specialized management scope of the Department;

b) Uniformly manage the plant genetic fund, microorganisms, and wildlife;

c) Lead and participate in developing quality standards for forest tree seeds, forest product quality, and specialized materials;

d) Organize the collection and management of specialized science and technology information.

7. Participate in training and professional development in the specialized field.

8. Submit to the Ministry mechanisms and policies for developing markets for forest products; participate in building and forecasting directions for the development of wood and other forest product markets; organize and participate in forestry achievement fairs and exhibitions.

9. Develop international cooperation programs and projects in forestry; participate in negotiations to sign and join international treaties and organizations in forestry; implement international cooperation programs and projects according to the Minister’s assignment.

10. Manage certain public service units and forestry-related services according to the Minister’s assignment.

11. Participate in managing the activities of non-governmental organizations in the forestry sector according to the Minister’s assignment.

12. Inspect and investigate; resolve complaints and denunciations; combat corruption and malpractice and handle violations within the scope of the Department’s management according to the authority granted.

13. Develop and implement the Department’s administrative reform program according to the Ministry’s administrative reform objectives and content.

14. Manage the organization, staffing, and establishment of the Bureau in accordance with regulations; implement salary systems and incentive policies, rewards, and disciplinary measures for civil servants and officials under the Bureau's management as prescribed.

15. Manage financial resources, assets, and other assigned resources; organize the implementation of allocated budgets in accordance with regulations.

16. Carry out tasks and manage the permanent office of the Steering Committee for the project to plant five million hectares of new forests; carry out tasks related to the permanent office of the Convention against Desertification; implement the Protocol on Community Forestry Development in Asia-Pacific;

17. 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 Bureau, is responsible before the Minister of Agriculture and Rural Development and the law regarding the Bureau’s activities and assigned tasks.

The Deputy Director assists the Director, is responsible before the Director and the law for the performance of assigned tasks. The number of Deputy Directors shall not exceed three; if exceeded, a report must be made to the Minister.

2. Management Structure of the Bureau:

a) Administrative and General Affairs Department (organization, inspection, finance);

b) Planning Department (science, international cooperation);

c) Forest Inventory Department;

d) Forest Biology Department (promotion);

e) Forest Management Department;

f) Permanent Office in Ho Chi Minh City;

3. Subordinate Units:

The Director of the Forest Management Bureau is tasked with drafting proposals for establishing subordinate units, to be submitted to the Minister for decision.

The Director of the Forest Management Bureau shall define the functions and responsibilities of the departments and permanent offices; establish the Bureau's operational regulations to be submitted to the Minister for approval and组织实施。

Article 4. Effectiveness

This Decision takes effect fifteen days from the date of publication in the Government Gazette; it replaces Decision No. 1279/NN-TCCB/QD dated July 31, 1996, issued by the Minister of Agriculture and Rural Development on the establishment of departments under the Forest Development Bureau and previous regulations of the Ministry that conflict with this Decision.

Article 5. Responsibilities for Implementation

1. The Director of the Forest Development Bureau is responsible for handing over the Forest Development Bureau in its current state to the Director of the Forest Management Bureau.

2. The Director of the Forest Management Bureau, the Secretary-General of the Office, the Heads of Departments, the Directors of Bureaus, the Inspector-General, the Chairpersons of People's Committees of provinces and centrally-administered cities, the Directors of Provincial Departments of Agriculture and Rural Development, and the Heads of relevant agencies and units under the Ministry are responsible for implementing this Decision.