Decision No. 92/2003/QĐ-BNN on the functions, tasks, powers, and organizational structure of the Forest Protection Department

DECISION OF THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Regulations on functions, tasks, powers

and organizational structure of the Forest Protection Department

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Law on Forest Protection and Development in 1991;

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, 2002 of the Government stipulating 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 Forest Protection Department is a subordinate agency under the Ministry of Agriculture and Rural Development, performing the function of specialized state management over forest resource protection; enforcing laws on forest management, forest protection, and timber management throughout the country. The Forest Protection Department has legal personality, its own seal, operational funds, and is authorized to open bank accounts in accordance with the law. The headquarters of the Forest Protection 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 Forest Protection Department is assigned by the Minister to perform specific tasks and powers as follows:

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

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

3. Issue documents on management procedures; provide professional and procedural guidance within the specialized field according to the Minister's classification.

4. Direct, guide, inspect, and be responsible for organizing the implementation of regulatory legal documents, plans, programs, projects, standards, procedures, regulations, economic and technical norms that have been approved, and promote, disseminate, and educate the law regarding the specialized management field of the Department.

5. Regarding specialized management:

a) On forest resource protection:

- Direct the work of protecting natural conservation and forest biodiversity;

- Uniformly manage the prevention of illegal logging and forest resource exploitation;

- Provide professional and procedural guidance on protecting special-use forests, protective forests, production forests; build mass forces to participate in forest protection and combat violations of forest protection laws;

- Participate in providing professional and procedural guidance on managing special-use forests;

- Uniformly manage and direct fire prevention and firefighting in forests;

- Participate in directing pest and disease control in forests;

- Implement monitoring of forest conditions and forestry land annually;

- Organize the collection of information, statistics, reporting, and database construction to serve specialized management activities related to forest protection;

- Have the authority to request local authorities to mobilize forces and equipment from various sectors within their jurisdiction to promptly prevent and rescue serious forest fires and severe deforestation incidents in accordance with the law.

b) On enforcement of forestry laws:

- Inspect and monitor the enforcement of laws on forest management, forest protection, and timber management;

- Manage, direct, inspect, and organize the implementation of administrative penalties; handle violations within their authority; initiate criminal investigations of violations of laws on forest management, forest protection, and timber management in accordance with the law;

- Direct and inspect the resolution of complaints, denunciations, and anti-corruption efforts within their authority.

c) Uniformly manage the issuance and revocation of certificates and permits related to the transportation of rare forest products, animals, and plants; import and export of wild animals and plants throughout the country in accordance with the law.

6. Regarding science and technology:

a) Develop and submit to the Minister programs, plans, research topics on forest protection science and technology; manage and organize the implementation of scientific research results and technological advancements in the specialized management field of the Department;

b) Organize the collection and management of forest protection science and technology information.

7. Develop international cooperation programs on forest resource protection; participate in negotiations to sign and join international conventions and organizations on forest protection; organize the implementation of international cooperation according to the Minister's assignment.

8. Manage certain public service units and services according to the Minister's assignment.

9. Participate in the management of activities of associations and non-governmental organizations in the field of forest resource protection according to the Minister's assignment.

10. Develop and implement the Department's administrative reform program according to the objectives and content of the Ministry's administrative reform program.

11. Implement tasks and manage the Office of the Central Fire Prevention and Control Steering Committee; perform the function of the competent authority of Vietnam participating in the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), representing Vietnam at the Global Tiger Forum and the ASEAN Agreement on Transboundary Haze Pollution.

12. Regarding organization and personnel management:

a) On building the Forest Protection Force:

- Manage and direct the national Forest Protection Force in accordance with the law and the Minister's classification;

- Plan the inspection and control network for timber throughout the country;

- Participate in training and professional development for forest rangers and forest protection forces;

- Manage uniforms, insignia, badges, signs, flags, ranger cards, military weapons, support tools, specialized equipment, and facilities of the Forest Protection Force.

b) Manage the organization, structure, and staffing of the Department in accordance with regulations; implement salary systems and incentive, reward, and disciplinary policies for civil servants and employees under the Department's management.

13. Manage finance, assets, and other resources allocated; organize the implementation of the budget allocated according to regulations.

14. 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 Department's operations, is responsible before the Minister of Agriculture and Rural Development, and before the law for the Department's activities and assigned tasks.

Deputy Directors assist the Director, are responsible before the Director and the law for the implementation of assigned tasks. The number of Deputy Directors shall not exceed three; if exceeded, it must be reported to the Minister.

2. Management Structure of the Bureau:

a) Administrative and General Affairs Division (planning, finance);

b) Organization, Propaganda, and Force Building Division;

c) Inspection and Legal Affairs Division;

d) Department for Nature Conservation.

đ) Department for Protection and Forest Fire Prevention and Control;

e) Department for Information and Documentation;

3. Affiliated事业单位：

- 技术保护森林的中心。

林业检查局局长应在2003年12月31日前制定成立技术保护森林中心的方案，提交部长决定。在部长作出新决定之前，现有隶属于林业检查局的事业单位继续按照现行规定运作。

林业检查局局长应规定各部门的职能和任务；制定工作规则草案，提交部长批准，并组织实施。

Article 4. Effective date

本决定自公布于政府公报之日起十五日后生效，取代农业与农村发展部1996年7月30日第1271号关于林业检查局的任务、权限和组织机构以及与此决定相冲突的以前部里的相关规定的通知。

Article 5. Responsibilities for Implementation

林业检查局局长、办公厅主任、各司长、各局局长、监察长、各省和直辖市人民委员会主席、各省和自治区农业与农村发展厅厅长、各林业检查分局局长及属于部里并与本决定有关的各单位负责人负责执行本决定。