Decision No. 92/2006/QD-BNN stipulates the functions, tasks, powers, and organizational structure of the Inspectorate of the Directorate for Dike Management and Flood and Storm Prevention.

 Pursuant to …;

Regulations on functions, tasks, powers, and organizational structureof the Inspectorate under the Directorate of Dike Management and Flood and Storm Prevention

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THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

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

Pursuant to Decree No. 153/2005/NĐ-CP dated December 15, 2005 of the Government on the organization and operation of the Inspectorate of Agriculture and Rural Development;

Considering the proposal of the Director of the Directorate of Dike Management and Flood and Storm Prevention, the Head of the Inspectorate of the Ministry, and the Director of the Department of Organization and Cadre Affairs.

Pursuant to …;

Article 1. Position and Functions

The Inspectorate under the Directorate of Dike Management and Flood and Storm Prevention is an organ of the Directorate of Dike Management and Flood and Storm Prevention, belonging to the system of the Inspectorate of Agriculture and Rural Development, performing administrative inspection and specialized inspection functions within the scope of state management of the Directorate of Dike Management and Flood and Storm Prevention as prescribed by law.

The Inspectorate under the Directorate of Dike Management and Flood and Storm Prevention is subject to direct management and guidance by the Director of the Directorate of Dike Management and Flood and Storm Prevention; at the same time, it is subject to guidance and direction regarding work, organization, and specialized inspection business by the Inspectorate of the Ministry of Agriculture and Rural Development.

The Inspectorate under the Directorate of Dike Management and Flood and Storm Prevention has its seal and is entitled to open an account at the State Treasury in accordance with the provisions of the law.

Article 2. Tasks and Powers of the Inspectorate

The Inspectorate under the Directorate of Dike Management and Flood and Storm Prevention performs tasks and powers as stipulated in Article 9 of Decree No. 153/2005/NĐ-CP dated December 15, 2005 of the Government on the organization and operation of the Inspectorate of Agriculture and Rural Development, other legal provisions, and specific tasks and powers as follows:

1. Participating in drafting normative legal documents on dike management and flood and storm prevention; on inspection, handling complaints and denunciations, and anti-corruption.

2. Inspecting compliance with legal regulations on dike management and flood prevention, including:

a) Inspecting the implementation of planning, construction, repair, maintenance, management, protection, and utilization of dike works; management and utilization of emergency materials for flood prevention.

b) Inspecting the issuance, revocation, and implementation of contents in permits or agreements related to dike safety and flood discharge activities.

c) Inspecting the management, operation, and protection of flood diversion, retardation, and discharge works and other works related to dike safety.

3. Reviewing and recommending amendments and supplements to policies and laws on dike management and flood prevention.

4. Deciding on administrative penalties in the field of dike management and flood prevention in accordance with the provisions of the law.

5. Guiding and training specialized inspection skills in dike management and flood prevention for specialized inspectors in dike management and flood prevention at provincial and centrally governed city levels; disseminating and popularizing state legal documents related to the field of dike management and flood prevention.

6. Standing duty for receiving citizens; anti-corruption work of the Directorate in accordance with the provisions.

7. Inspecting other cases assigned by the Director; performing other tasks and powers as prescribed by law.

Article 3. Duties and Authorities of the Director of the Directorate for Dyke Management and Flood and Storm Prevention

The Director of the Directorate for Dyke Management and Flood and Storm Prevention shall perform duties and authorities as prescribed in Article 10 of Decree No. 153/2005/NĐ-CP dated December 15, 2005 of the Government on the organization and operation of the Agricultural Inspectorate, other provisions of laws, and some specific duties and authorities as follows:

1. Propose to the Director of the Directorate for Dyke Management and Flood and Storm Prevention to consider temporarily suspending or recommending competent authorities to suspend actions violating laws on dyke management and flood and storm prevention against agencies, organizations, and individuals when there is sufficient evidence to determine that such actions cause damage to national interests, lawful rights and legitimate interests of citizens, or hinder inspection work.

2. Conclude on the content of inspections after receiving reports from inspection teams, and submit them to the Director for post-inspection decision-making.

3. Assist the Director in monitoring, inspecting, and urging the implementation of conclusions, recommendations, and decisions on handling inspections by the Directorate's Inspectorate and related agencies.

4. Decide on administrative penalties in the field of dyke management and flood and storm prevention according to the provisions of the law.

5. Propose to the Director of the Directorate for Dyke Management and Flood and Storm Prevention to resolve issues related to inspection work. Report to the Director General of the Inspectorate of the Ministry about inspection work, complaints and denunciations resolution, and anti-corruption within their scope of responsibility.

6. Perform other duties and authorities as prescribed by law.

Article 4. Organizational Structure

1. The Directorate for Dyke Management and Flood and Storm Prevention's Inspectorate includes the Director of the Inspectorate, Deputy Director of the Inspectorate, and Inspectors.

a) The appointment, dismissal, and removal of the Director and Deputy Director of the Inspectorate of the Directorate for Dyke Management and Flood and Storm Prevention shall be carried out in accordance with Clause 2 of Article 8 of Decree No. 153/2005/NĐ-CP dated December 15, 2005 of the Government on the organization and operation of the Agricultural Inspectorate.

The Director of the Inspectorate of the Directorate for Dyke Management and Flood and Storm Prevention is responsible before the Director of the Directorate for Dyke Management and Flood and Storm Prevention and before the law for the activities of the Inspectorate and the assigned tasks. The Deputy Director assists the Director, is assigned to oversee specific areas by the Director, and is responsible before the Director and before the law for the execution of assigned tasks.

b) The appointment and dismissal of Inspectors of the Directorate for Dyke Management and Flood and Storm Prevention shall be carried out in accordance with the law.

Inspectors, civil servants, and staff members of the Inspectorate: Are responsible before the Director of the Inspectorate and before the law for performing assigned tasks; have obligations and rights as prescribed by law.

2. The staffing of the Inspectorate belongs to the administrative staffing of the Directorate for Dyke Management and Flood and Storm Prevention, decided by the Minister of Agriculture and Rural Development.

Article 5. Working Relationships of the Inspectorate

1. The Inspectorate collaborates with the Inspectorate of the Ministry of Agriculture and Rural Development to guide and train specialized inspection skills for the Inspectorate of the Department of Agriculture and Rural Development and specialized inspections on dyke management and flood and storm prevention at provincial and centrally-administered city levels.

2. Collaborate with units under the Directorate, with sectoral inspectorates, and local authorities at all levels, and competent state agencies during the inspection process of cases and in preventing and stopping violations of laws in the field of dyke management and flood and storm prevention.

3. Exchange professional information and skills on specialized dyke management and flood and storm prevention with the Inspectorate of the Department of Agriculture and Rural Development of provinces and centrally-administered cities.

Article 6. Effectiveness

This Decision takes effect fifteen days after its publication in the Official Gazette. Abolish previous regulations of the Ministry of Agriculture and Rural Development that conflict with this Decision.

Article 7. Responsibility for Implementation

The Head of the Ministry’s Office, the Director of the Inspectorate of the Ministry, the Head of the Cadre and Civil Servant Affairs Department, the Director of the Directorate for Dyke Management and Flood and Storm Prevention, heads of agencies, organizations, and individuals concerned are responsible for implementing this Decision./.