Decision No. 93/2003/QD-BNN on the functions, tasks, powers, and organizational structure of the Water Resources Bureau

DECISION OF THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Regulations on functions, tasks, powers

and the organizational structure of the Water Resources 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, 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 Water Resources Department is a subordinate agency under the Ministry of Agriculture and Rural Development, performing the specialized state management function for water resources throughout the country.

The Water Resources 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 Water Resources 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 Water Resources Department is assigned by the Minister to carry out the state management tasks in the specialized field of water resources concerning the exploitation, utilization, protection of water resource works and rural water supply and drainage works; river basin management; exploitation, utilization, and comprehensive development of rivers; flood and drought prevention and control nationwide within the scope of the Ministry's state 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, policies, five-year and annual plans, programs, projects, and proposals on water resources within the specialized management scope of the Department according to the Minister’s assignment.

3. Issue documents on management practices; provide guidance on professional and technical 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, proposals, standards, procedures, regulations, and economic-technical norms within the specialized field that have been approved, and promote, disseminate, and educate the law on specialized management of the Department.

5. Regarding specialized water resources management:

a) Uniformly manage river basins, exploit, utilize, and comprehensively develop rivers according to approved plans and programs:

- Develop river basin planning projects, water resources engineering system planning, and regional planning;

- Develop plans, direct the establishment of investment projects, exploitation, utilization, and comprehensive development of rivers;

- Chair the review of river basin planning projects, water resources engineering system planning, and regional planning;

- Manage the implementation of planning and program projects after approval.

b) Regarding the management of exploitation and protection of water resources works:

- Develop comprehensive exploitation plans for water resources works;

- Develop plans, direct the establishment of investment projects, chair the review, and implement investment projects for the repair and upgrading of water resources works according to the Minister’s assignment;

- Serve as the permanent member of the handover acceptance council for water resources works funded by the State budget under the Ministry's management;

- Develop operational procedures for inter-provincial water resources engineering systems and direct safe operation of water resources works;

- Establish the organizational management system for water resources engineering systems;

- Participate in planning, programs, and projects for the construction of dyke and flood, storm prevention works;

c) Direct the prevention, mitigation, and recovery from drought, flooding, acidification, and saltwater intrusion:

- Organize monitoring and updating information on weather conditions, water sources, drought, flooding, acidification, saltwater intrusion, and water pollution in water resources engineering systems to direct localities to develop appropriate production plans;

- Direct localities to implement preventive and mitigating measures;

- Develop suitable irrigation models to alleviate difficulties in areas frequently affected by drought, flooding, acidification, and saltwater intrusion.

d) Uniformly manage the construction, exploitation, utilization, and protection of rural water supply and drainage works:

- Direct the establishment of plans for the construction, exploitation, utilization, and protection of rural water supply and drainage works;

- Chair the review and direct the implementation of rural water supply and drainage projects;

- Direct and conclude the construction and implementation of management model for rural water supply and drainage works.

6. Regarding science and technology:

a) Develop and submit to the Minister programs, plans, research topics applying advanced techniques within the Department's management scope; manage and organize the implementation of scientific research results and advanced technique applications within the Department's management scope.

b) Develop and manage quantity and quality standards for water in water resources engineering systems.

c) Organize the collection and management of science and technology information to serve the specialized management work of the Department.

d) Regarding basic investigation management in water resources:

- Propose and develop basic investigation projects in water resources;

- Chair the review of basic investigation projects in water resources;

- Manage the results of basic investigation projects in water resources.

7. Participate in implementing training and professional capacity building in the specialized field of water resources.

8. Regarding trade:

a) Participate in forecasting and guiding the development of markets in the water resources sector to serve economic and social development, and environmental protection;

b) Submit to the Minister mechanisms and policies for the comprehensive exploitation of water resources works, consumption, and utilization of water in water resources systems serving agricultural, forestry, salt industry production, clean water supply, and rural water supply and drainage;

9. Regarding international cooperation:

a) Develop international cooperation programs and projects within the specialized management scope of the Department and organize their implementation after approval;

b) Participate in negotiating and signing international treaties and joining international organizations within the specialized management scope of the Department; organize international cooperation activities according to the Minister’s assignment.

10. Manage companies exploiting water resources works directly under the Ministry and some public service units according to the Minister’s assignment.

11. Issue and revoke permits for activities requiring permission within the scope of protecting water resources works; discharge permits into water resources systems according to the law.

12. Conduct inspections and investigations; resolve complaints and denunciations; combat corruption and malpractice and handle violations within the specialized management scope of the Department according to the law.

13. Develop and implement the administrative reform program of the Bureau in accordance with the objectives and contents of the Ministry's administrative reform program.

14. Participate in managing the activities of associations and non-governmental organizations in the water resources sector in accordance with the provisions of the law.

15. Perform the permanent duty and manage the Office of Basin Management Planning Committees.

16. Manage the organizational structure, 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.

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

18. 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 operations of the Bureau, is responsible to the Minister of Agriculture and Rural Development and to the law regarding the Bureau’s activities and 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 and General Affairs Department (organizational).

b) Planning and Finance Department;

c) Inspection and Legal Affairs Department.

d) Planning Management Department.

đ) Irrigation and Rural Water Supply and Drainage Department.

e) Project Management Department.

g) Permanent office in Ho Chi Minh City.

3. Subordinate units of the Bureau:

a) Center for Technology Transfer in Water Resources Management and Hydraulic Works.

Other subordinate units are established and operate according to the decision of the Minister.

The Director of the Water Resources Bureau stipulates the functions, tasks, and staffing of departments, sections, and subordinate units; establishes the Bureau's operational regulations, submits them to the Minister for approval, and organizes their implementation.

Article 4. Effective date

This Decision takes effect fifteen days from the date of publication in the Official Gazette of the Government; it replaces Decision No. 1119/NN-TCCB dated July 11, 1996 of the Minister of Agriculture and Rural Development on the establishment of departments under the Water Resources Management and Hydraulic Works Bureau and previous regulations of the Ministry that conflict with this Decision.

Article 5. Responsibilities for Implementation

1. The Director of the Water Resources Management and Hydraulic Works Bureau is responsible for handing over the Water Resources Management and Hydraulic Works Bureau in its current state to the Director of the Water Resources Bureau.

2. The Director of the Water Resources Bureau, the Head of the Office, the Heads of Departments, the Directors of Bureaus, the Inspector General, the Chairpersons of People's Committees of provinces and centrally governed cities, the Directors of Departments of Agriculture and Rural Development, and the Heads of relevant agencies and units under the Ministry are responsible for implementing this Decision./.