Quyết định 18/2008/QD-BNN

DECISION

REGULATING < span="">< span="">HUSBANDRY

MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No.01/2008/ND-CP dated January 03, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Article 19 Decree No.178/2007/ND-CP dated December 03, 2007 of the Government defining the functions, tasks, powers and organizational structure of the Ministries, Ministerial-level agencies;

At the proposal of Director of Department of Personnel Organization,

DECIDES:

Article 1. Position and function

Department Of Husbandry is an agency under the Ministry of Agriculture and Rural Development performs the function to advise the specialized Minister of State the management, and implements State management tasks in the field of livestock husbandry under the State jurisdiction of the Ministry.

Livestock Husbandry Department has its own legal status, bank account, and seal, with operating funds as prescribed by law.

Department's head office is located in Hanoi city and standing sections in the central domain and Ho Chi Minh City.

Article 2. Duties and powers

1. To submit to the Ministry the drafts of projects of law and projects of ordinances, drafts of specialized legal documents under programs and annual plans of legislative formulation of the Ministry and the projects, schemes as assigned by the Minister. Submit to the Minister the drafts of decisions, directives, and other documents under the direction and administration of the Minister.

2. To submit to the Ministry the strategy, planning and plans of long-term, five year and annual development; strategies, planning of key areas, inter-region and inter-provinces and other programs, projects, important works of professional sectors, management fields of the Department as assigned by the Minister.

3. To promulgate particular documents and professional, expertise guidance of the specialties, sectors to be assigned to manage. To announce detailed plans to implement the programs, projects, and schemes managed by Ministry for each locality, unit after being approved by the Ministry the master plan for sectors under the jurisdiction of the Department.

4. To submit to the Ministry for publicizing strategy, planning and development plan and organize and direct, guide and inspect the implementation of legal documents, strategies, planning, plans, programs, schemes, projects, standards, technical regulations, procedures, rules, specialized economic-technical norms that have been approved; to direct and organize the propagation and dissemination, education of legal subjects under the jurisdiction of the Department.

5. For agricultural breeds:

a) To preside over the formulation of the strategy, planning and development plan of breed in accordance with master plan for economic and social development on a national scale and each agro-ecological region;

b) To submit to the Ministry for providing for the use and exchange of domestic animal genetic resources; national technical regulations on domestic animals;

c) To promulgate a list of livestock breeds permitted for production and business; list of precious and rare livestock gene sources to preserve; the list of domestic breed banned from export, allowed for exchange with foreign countries;  the list of environment of preparation and preservation of livestock breeds permitted for production and doing business in Vietnam and other lists in the field of management of agricultural breed; rules, testing procedures of new livestock breeds as authorized by the Minister;

d) To manage and organize the implementation of testing, examination, calibration of livestock breed, sperm, embryos, ova, environment of preparation and preservation of livestock breeds; test and propose for accreditation of new livestock breeds;

đ) To accredit and appoint the establishments to test, examine, and calibrate livestock breeds;

e) To issue and revoke permits of export and import, certificates for livestock breeds; sperms, embryos, ova, environment of preparation and preservation of livestock breeds;

g) To direct the implementation of program of investment to develop livestock breeds; the program to support the production and supply of the original products of livestock.

6. For animal feeds:

a) To preside over the formulation and submit to the Ministry the national technical regulations on animal feed and materials of animal feeds;

b) To promulgate a list of animal feed, materials of animal feed imported into Vietnam under the authorization of the Minister;

c) To manage and organize the implementation of animal feed testing, analysis of materials of animal feed;

d) To accredit and appoint the laboratories, analysis of animal feeds, materials of animal feeds, units testing animal feed, animal feed materials. To grant certificates for persons sampling animal feed and animal feed materials;

đ) To issue and revoke permits of export and import of animal feeds, animal feed materials; certificate of quality of animal feeds, animal feed materials; certificate of Good Production Practice of animal feeds (GMP).

7. For direction of the production of livestock:

a) To direct the localities to set up planning of livestock husbandry associated with system of slaughter and processing of livestock and poultry. To direct construction, inspection of the implementation of planning development in areas of livestock farms, industry, safe livestock husbandry production;

b) To direct the implementation of the production structure, technical procedure of livestock husbandry, feeding and caring livestock; the quotas for planning, breeding facilities; propose measures to overcome natural disasters, epidemic disease in livestock production;

c) To preside over evaluation and management of implementation of projects of basic inspection of livestock husbandry;

d) To make and direct implementation and review and evaluate the annual livestock husbandry production plans. To statistic reports of the production progress; participate in the management of processing, preserving livestock husbandry products.

8. Environmental protection in livestock husbandry:

a) To preside over the formulation and submit to the Ministry for the issue of national technical regulations applicable to the handling of waste in livestock husbandry;

b) To guide, supervise and inspect the implementation of environmental control in livestock husbandry;

c) To supervise and inspect the implementation of standards and national regulations on environment in livestock husbandry production. Coordinate with other agencies managing environment to assess environmental quality, and propose solutions to protect environment in livestock husbandry production.

9. Management of product quality and hygiene and food safety in the field of livestock husbandry from production inputs:

a) To make, submit to the Ministry and organize implementation of programs and plans of production activities to ensure quality and hygiene and food safety of the livestock husbandry sector;

b) To make, submit to the Ministry the legal documents, mechanisms and policies, proposal to set up standards and national technical regulations on the production of quality assurance and hygiene and food safety of livestock husbandry sector;

c) To propose plans to build and develop the safe livestock husbandry areas;

d) To supervise and inspect the implementation of regional management regulations, safe livestock husbandry production facilities; standards and technical regulations of livestock husbandry production to ensure hygiene and food safety.

10. Proposal submitted to the Ministry the list of programs and investment projects on livestock husbandry; In charge of evaluation and implementation of tasks of investor for the programs and investment projects assigned by the Ministry to the Department.

11. Organization and direction of the survey, statistics, and database management for livestock husbandry production as prescribed.

12. Science and technology:

a) To participate in management of livestock germplasm, microorganisms used in agriculture livestock husbandry;

b) To propose, submit to the Ministry the programs and plans, scientific research theme and application of technological progress and specialized technique;

c) To preside over evaluation of the outline, research theme; order for organizations and individuals to perform; accept, manage results and direct the implementation of research results and application of technological advances, techniques under the jurisdiction of the Department;

d) To manage specialized information of science and technology;

đ) To preside over the formulation and submit to the Ministry the national technical regulations on facilities for livestock and poultry; of materials specializing in livestock husbandry. To participate in formulation of draft of national standards, national technical regulations under Ministry’s state management as assigned by the Minister;

e) To preside over the evaluation of testing results of agricultural livestock; environment of preparation, preservation of sperm of agricultural livestock; animal feeds for inclusion in the list of livestock breeds permitted for production and doing business in Vietnam; the list of environment of preparation and preservation of sperms of domestic animals allowed to produce and trade in Vietnam; the list of animal feeds, animal feed materials imported into Vietnam, and technical advances in livestock husbandry.

13. To direct the implementation of activities of agricultural promotion in the livestock husbandry sector.

14. To participate in trade promotion activities of the specialty of livestock husbandry as assigned by the Minister.

15. For international cooperation:

a) To make, submit to the Ministry the programs and projects of international cooperation on the fields and specialties under the jurisdiction of the Department;

b) To implement international cooperation, programs and projects funded internationally as decentralized by the Minister.

16. For administrative reform:

a) To develop and implement the administrative reform planned by the Ministry and the direction of the Minister;

b) To direct the review and systematization and propose, set up the institutional system and law of sectors, fields under the jurisdiction of the Department;

c) To direct the completion of functions, duties and powers of the organizations under the Department by the direction of assignment, decentralization; submit to the Ministry for decentralization of state management tasks of sectors, fields for the local governments;

d) To direct the implementation of regulations on self-controlling, self-responsibility in performing their tasks, organizational structure, staffing, finance and administrative reform, innovation in working methods, modernization of offices, information technology applications for the operation of the Department.

17. For the state management of the organizations that implement public services under the sectors, fields of the Department:

a) To submit to the Ministry the mechanisms, policies and technical regulations on the provision of public services; on the socialization of the activities in providing public services under sectors, fields;

b) To promulgate economic-technical norms, time for the provision of public services under sectors, fields;

c) To guide, inspect and support the organizations to implement public services in sectors, fields as stipulated by law.

18. For the State management over the activities of associations and non-governmental organizations under sectors, fields managed by the Department as assigned by the Minister:

a) To guide and create conditions for associations, non-governmental organizations to take part in activities in sectors, fields under the jurisdiction of the Department; to hold to consult opinions and accept suggestions and opponency of associations, non-governmental organizations to improve the regulations on State management of sectors, fields;

b) To propose the handling of violations of the law of associations, non-governmental organizations operating in the sectors, fields.

19. For the apparatus organization, staffing and personnel, public servants, public employees:

a) To draft functions, duties, powers and organizational structure of the Department; propose the establishment, reorganization of the organizations under the Department;

b) To decide on setting up the working team of the Department; to specify the tasks of self-controlling, charter of organization and operation for the state public service organizations of the Department as prescribed;

c) To submit to the Ministry the planning of annual staffing of the Department; decide on allocating the administrative staff for the agencies of the Department;

d) To decide on appointing officials and public servants, public employees to study and work abroad according to decentralization of management of officials of the Ministry;

đ) To provide for powers and responsibilities of the heads of the organizations under the Department;

e) To decide and implement specific measures to strengthen discipline and administrative discipline; to organize implementation of prevention and fight against corruption, wastefulness and bureaucracy, arrogance in the units of the Department;

g) To organize the recruitment, use, transfer, circulating, retirement, salary, bonus and other benefits for officials and public servants, public employees under the jurisdiction of the Department as stipulated by law, decentralized by the Ministry; retraining professional skill of specialized subjects as assigned by the Minister;

h) To develop standards of specialties, professional skill of scale of civil servants and public employees of the sector, fields as assigned by the Minister;

i) To report the implementation of the organization, personnel and staff as prescribed.

20. For inspection, examination:

a) To guide and supervise the implementation of policies and legislation on the sectors, fields under management of the Department as prescribed;

b) To settle or take part in resolving complaints and denunciations and petitions of organizations and citizens relating to sectors, fields under the Department’s jurisdiction; to organize the reception of citizens as stipulated by law;

c) To inspect and examine the implementation of decentralizing management of the sectors, fields under the jurisdiction of the Department. To conduct the inspection, examination according to the plan assigned annually by the Ministry and implements the irregular inspection and examination at the request of the Ministry.

21. For the management of finance, assets:

a) To submit to the Ministry the annual budget estimate and medium-term budget plans of the Department;

b) To take responsibility for the settlement of funds under its direct management; manage and be responsible for state assets assigned to the Department as decentralized by the Minister and the provisions of law.

22. Performance of other duties as prescribed by specialized law and assignment, decentralization by the Minister.

Article 3. The organizational structure

1. Department’s leaders:

Leaders of the Department include Director and Deputy Directors appointed, dismissed by the Minister of Agriculture and Rural Development according to regulations.

The Director administers the Department’s operations, takes responsibility before the Minister of Agriculture and Rural Development and before the law for the Department's operations.

The Deputy Director assists the Director in monitoring and directing a number of tasks, as assigned by the Director and be responsible before the Director for tasks assigned.

2. Management apparatus:

a) Department of large livestock;

b) Department of small livestock;

c) Department of Animal Feeds;

d) Department of Livestock Husbandry Environment;

đ) Department of Planning and Finance;

e) Department of Inspection, Legislation;

g) The Department's Office;

h) Standing Division in the Central domain;

i) Standing Division in Ho Chi Minh City.

3. The subordinate units:

a) Center of testing, calibration and appraisal of animal breeds, animal feed;

b) The other administrative units are established on the basis of the Scheme to be submitted by the Department to the Ministry for approval.

Director of Livestock Husbandry Department defines functions and tasks of the management apparatus, subordinate units of the Department and appoints officials as decentralized by the Ministry and issues working regulations of the Department.

Article 4. Effect

This Decision takes effect after fifteen days from the date of its publication in the Official Gazette. To annul Decision No.71/2005/QD-BNN dated November 10, 2005 of the Minister of Agriculture and Rural Development defining functions, tasks, powers and organizational structure of the Department of Livestock Husbandry and previous provisions of the Ministry contrary to this Decision.

Article 5. Responsibility for implementation

Director of Department of Livestock Husbandry, Chief of the Ministry’s Office, the Directors, the Chief Inspector of the Ministry and heads of concerned agencies and units shall implement this Decision./.