Decision No. 94/2003/QD-BNN on the functions, tasks, powers, and organizational structure of the Directorate of Dike Management and Flood and Storm Prevention

DECISION OF THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Regulations on functions, tasks, powers, and organizational structure

of the Directorate of Dike Management and Flood and Storm Prevention

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Based on the Dike Law and the Flood and Storm Prevention Law;

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

Based on 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 Directorate of Dike Management and Flood and Storm Prevention is an agency under the Ministry of Agriculture and Rural Development, performing state management functions in the specialized field of dike management and flood and storm prevention throughout the country.

The Directorate of Dike Management and Flood and Storm Prevention has legal personality, its own seal, operating funds, and is entitled to open bank accounts in accordance with the law.

The headquarters of the Directorate of Dike Management and Flood and Storm Prevention is located in Hanoi City.

Article 2. Tasks and Powers

The Directorate of Dike Management and Flood and Storm Prevention is assigned by the Minister to perform the following specific tasks and powers:

1. Submit to the Minister draft laws, draft ordinances, and draft regulatory legal documents concerning the specialized management of the Directorate.

2. Submit to the Minister strategies, plans, policies, five-year plans, annual plans, programs, projects, proposals, standards, procedures, regulations, and economic-technical norms concerning the specialized management of the Directorate.

3. Issue documents on management practices; provide professional and technical guidance within the scope of the specialized management of the Directorate according to the division of powers by the Minister.

4. Direct, guide, inspect, and be responsible for implementing regulatory legal documents, plans, programs, projects, proposals, standards, procedures, regulations, and economic-technical norms in the specialized management field that have been approved, and promote, disseminate, and educate about the law in this field.

5. Regarding specialized management:

a) Regarding dike management:

- Develop basic investigation projects and dike development plans;

- Chair the review of basic investigation projects and dike development plans assigned by the Minister;

- Manage the implementation of approved basic investigation projects and dike development plans.

- Chair the review of regular maintenance, repair, and upgrade projects for dike works;

- Direct technical handling of dike-related incidents;

- Inspect, investigate, and handle violations related to dikes within the authority granted.

- Coordinate with relevant sectors, organizations, the Water Resources Bureau, and localities to promptly propose measures to prevent, address, and mitigate consequences of dike-related incidents. localities to promptly propose measures to prevent, address, and mitigate consequences of dike-related incidents.

b) Regarding flood and storm prevention:

- Organize monitoring and updating information on rain, typhoons, and floods nationwide; coordinate with relevant sectors, organizations, the Water Resources Bureau, and localities to promptly propose solutions to the Central Steering Committee for Flood and Storm Prevention regarding handling of incidents involving water conservancy works and managing flood situations and mitigating storm consequences;

- Propose to the Central Steering Committee for Flood and Storm Prevention the regulation of flood levels in Hoa Binh and Thac Ba reservoirs, and the distribution of floodwaters along the Day River and other riverbanks when flood levels exceed design limits;

- Manage and operate key floodwater distribution works on the Day River; implement floodwater distribution upon authorization from competent authorities;

- Propose mobilization of central and local resources to rescue and ensure safety of dike systems from level III to special level during emergencies;

- Summarize damage situations and propose measures to the Minister to mitigate consequences caused by floods and storms.

c) Regarding coastal erosion prevention:

- Organize basic investigations, inspections, and compilation of current coastal erosion conditions and warnings of potential erosion risks;

- Coordinate with relevant sectors, organizations, the Water Resources Bureau, and localities to promptly propose measures to prevent, address, and mitigate consequences of dike-related incidents. localities to promptly propose measures to prevent, address, and mitigate consequences of coastal erosion incidents.

d) Report to the Minister or be delegated by the Minister to agree on technical matters concerning works related to dike management and flood and storm prevention within the authority granted.

e) Proactively coordinate with relevant sectors and local authorities in flood and storm prevention, dike management, and water conservancy works. In necessary cases, have the right to request central ministries, departments, and local authorities to mobilize forces and equipment within their jurisdiction to promptly prevent, manage, and rescue during floods and storms, in accordance with the law.

f) Be authorized by the Minister to issue and revoke permits for certain activities related to dikes from level III to special level and river flood drainage involving two provinces or more.

6. Inspect the management and use of emergency supplies for flood and storm prevention.

7. Regarding science and technology:

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

b) Organize the collection and management of specialized science and technology information; propose intellectual property rights in the fields of dike management and flood and storm prevention.

8. Develop international cooperation programs; participate in negotiations to sign and join international treaties and organizations related to dike management, flood and storm prevention, and disaster reduction; organize the implementation of international cooperation programs according to the Minister's assignment.

9. Manage some public service units and services according to the Minister's assignment.

10. Participate in the management of activities of associations and non-governmental organizations within the Directorate's jurisdiction as prescribed by law.

11. Conduct inspections, investigations; resolve complaints and reports; combat corruption and malpractice and handle violations related to dike management and flood and storm prevention within the authority granted.

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

13. Regarding organization and personnel management:

a) Regarding organizational work:

- Coordinate in directing the establishment of specialized management forces for dike management and flood and storm prevention according to the Minister's assignment;

- Propose models for managing the dike system;

- Manage and direct the establishment of specialized management forces according to regulations and the division of powers by the Minister;

- Manage the organization and structure of the Directorate according to regulations.

b) Regarding personnel work:

- Participate in professional training for specialized staff and the general public involved in dike management and flood and storm prevention.

- Implement the salary system and other incentive policies, rewards, and disciplinary measures for civil servants and officials under the management of the Bureau;

14. Manage financial resources, assets, and other assigned resources; organize the implementation of the allocated budget as prescribed.

15. Carry out tasks and manage the Office of the Central Steering Committee for Flood and Storm Prevention and Response, and other tasks assigned by the National Search and Rescue Committee.

16. 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 to the Minister of Agriculture and Rural Development and to the law regarding the activities of the Bureau and assigned tasks.

Deputy Directors assist the Director, are responsible to the Director and to the law regarding the execution 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 Department (scientific research, international cooperation);

c) Finance Department;

d) Inspection and Legal Affairs Department;

đ) Dike and Slope Stability Management Department;

e) Dike Management Department;

g) Flood and Storm Prevention and Control Management Department;

h) Permanent office in Da Nang City;

i) Permanent office in Ho Chi Minh City.

3. Subordinate units:

a) Disaster Prevention, Mitigation, and Reduction Management Center;

b) Technical Advisory Center on Dikes;

c) Flood Diversion Project Management Board.

The Director of the Bureau of Dike Management and Flood and Storm Prevention and Control shall stipulate the functions and responsibilities of the departments, units, and sections under its jurisdiction; establish the Bureau's operational regulations to be approved by the Minister and organize their implementation.

Article 4. Effectiveness

This Decision takes effect fifteen days from the date of publication in the Official Gazette of the Government; it replaces Decision No. 178/NN-TCCB-QĐ dated January 20, 1997, issued by the Minister of Agriculture and Rural Development on the establishment of departments and specialized inspections under the Bureau of Flood Prevention and Dike Management, and previous regulations of the Ministry that conflict with this Decision.

Article 5. Responsibilities for Implementation

1. The Director of the Bureau of Flood Prevention and Dike Management is responsible for handing over the Bureau of Flood Prevention and Dike Management in its current state to the Director of the Bureau of Dike Management and Flood and Storm Prevention and Control.

2. The Director of the Bureau of Dike Management and Flood and Storm Prevention and Control, the Head of the Office, the Heads of Departments, 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./.