Quyết định 57/2014/QD-TTg

DECISION

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF DIRECTORATE OF FISHERIES AFFILIATED TO THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Law on Government organization dated December 25, 2001;

Pursuant to Decree No. 36/2012/ ND-CP dated April 18, 2012 of the Government defining the functions, tasks, powers and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 199/2013/ND-CP dated November 26, 2013 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

At the request of the Minister of Agriculture and Rural development,

The Prime Minister promulgates a Decision on defining the functions, tasks, powers and organizational structure of Directorate of Fisheries affiliated to the Ministry of Agriculture and Rural Development.

Article 1. Position and functions

1. Directorate of Fisheries is an organization affiliated to the Ministry of Agriculture and Rural Development, perform functions to advise and assist the Minister of Agriculture and Rural development with State monitoring and implement regulations of law on fisheries nationwide; and provide fishery public services as prescribed in regulations of law.

2. Directorate of Fisheries has legal status, an emblem seal, a private account and operation funding provided by government budget.

3. The head office of Directorate of Fisheries shall be situated in Hanoi city.

Article 2. Tasks and powers

1. Submit to the Minister of Agriculture and Rural development following documents:

a) Law projects and draft resolutions of the National Assembly, draft ordinances and resolutions of Standing Committee of the National Assembly; draft decrees and resolutions of the Government; draft decisions and directives of the Prime Minister; mechanism, policies and other documents under management of the Directorate.

c) Long-term, mid-term and annual strategies, planning and plans, programs, projects and works of national importance under management of the Directorate.

c) National standards, national technical regulation, technical rules and economic and technical norms under management of the Directorate.

2. Promulgate guiding documents on professional competence under management of the Directorate.

3. Assess and announce specialized basic standards.

4. Organize propagation and raise public awareness of law in terms of fields under management of the Directorate.

5. Guide, inspect and implement legislative documents, strategies, planning, plans, programs, and projects under management of the Directorate.

6. Regarding conservation and development of aquatic resources:

a) Request the Minister of Agriculture and Rural development to:

Publicize the list of aquatic species recorded in Vietnam’s Red Data Book and other aquatic species banned from exploitation; the list of aquatic species banned from exploitation with fixed terms and time for ban on exploitation; regulations on fishery methods, types, equipment, seasons and areas to protect and develop aquatic resources;

Publicize classification standards and sanctuaries of inland waters and marine protected areas; do planning, construct and decentralize the sanctuaries of inland waters and marine protected areas; promulgate regulations on management of sanctuaries of inland waters and marine protected areas of national and international importance under management of the Directorate.

b) Instruct and inspect the investigation, assessment and protection of the habitat of aquatic species, conservation, rehabilitation and development of aquatic resources; protection of aquatic ecosystems, conserve gene pools, aquatic biodiversity.

7. Regarding fishery:

a) Request the Minister of Agriculture and Rural development to partition fishery areas and lines; decentralize fishery management; regulations on fishery management; procedures for issuance and revocation of fishery licenses; safe conditions for people and fishing vessels.

b) Instruct production and occupational restructuring in fishery.

c) Investigate and assess aquatic resources in each territorial waters, fishing grounds, water bodies, rivers, large lakes; forecast and announce fishing grounds, fishing grounds, determine reserves and annual permitted catches in each territorial waters or fishing ground; and create management information system to facilitate offshore fishery.

d) Provide instructions in approval for documents on building and upgrading of fishing vessels as prescribed.

dd) Provide instructions in fishing vessel register; register fishing vessels under management of the Directorate.

e) Cooperate with relevant Ministries and agencies, People’s Committees of coastal provinces in management of fishing vessels; provide instructions in communication communications, prevention of natural disasters, search and rescue of the fishing vessels.

8. Regarding aquaculture:

a) Submit to the Minister of Agriculture and Rural development planning for concentrated aquaculture areas; the list of breeds, food, biological preparations, microorganisms, environmental remediation and treatment products used in aquaculture and permitted to be sold in Vietnam.

b) Instruct and inspect the quality of breeds, food, biological preparations, microorganisms, environmental remediation and treatment products used in aquaculture; and grant licenses to import/export breeds, food, environmental remediation and treatment products used in aquaculture.

c) Perform tasks of responses to aquatic epidemic diseases under assignment of the Minister of Agriculture and Rural development.

d) Provide instructions in responses to natural disasters in terms of aquaculture.

dd) Provide instructions in production in terms of aquaculture.

e) Instruct and inspect environmental monitoring and warnings in terms of fisheries; surveying, testing and accreditation in terms of aquaculture.

g) Cooperate with competent agencies in instructions in allocation, lease and withdrawal of land and water surface used for aquaculture as prescribed.

9. Regarding fisheries resources surveillance:

Carry out State monitoring in terms of fisheries resources surveillance as prescribed in regulations of law and as decentralized by the Minister of Agriculture and Rural development.

10. Manage projects on basic planning and investigation assigned by the Directorate and decentralized by the Minister of Agriculture and Rural development.

11. Organize statistics works and database management under management of the Directorate.

12. Build and manage fishery information system; cooperate with specialized agencies in implementation of communications programs and propagation in fisheries as prescribed.

13. Carry out scientific research and technology transfers and fisheries extension under assignment of the Minister of Agriculture and Rural development.

14. Carry out international cooperation under decentralization of the Minister of Agriculture and Rural development.

15. Carry out administrative reform as prescribed by the Ministry of Agriculture and Rural Development.

16. Perform tasks in respect of commerce, fishery market, commercial promotion under assignment of the Minister of Agriculture and Rural development.

17. Manage organization structure, official personnel, positions, number of civil servants and employees; implement salary regime and policies on incentives, commendation and discipline; provide training courses for officials and civil servants under management of the Directorate as decentralized by the Minister of Agriculture and Rural development.

18. Instruct and inspect activities of unions and non-governmental organizations as decentralized by the Minister of Agriculture and Rural development.

19. Carry out specialized inspection as prescribed; take actions against complaints and denunciations; respond to corruption and penalties for violations against law; practice thrift within their competence.

20. Manage finance, property and other resources as prescribed.

21. Manage construction investment as decentralized by the Minister of Agriculture and Rural development and as prescribed.

22. Manage Vietnam Fund for Aquatic Resources Regeneration and other international financial resources for the fishery as prescribed.

23. Perform other tasks as assigned by the Minister of Agriculture and Rural development.

Article 3. Organizational structure

1. Department of Plans and Finance.

2. Department of Science and Technology and International Cooperation.

3. Department of Inspection and Legislation.

4. Department of Conservation and Development of Aquatic Resources.

5. Department of Aquaculture.

6. Department of Fishery.

7. Office of Directorate (representative office in Ho Chi Minh City).

8. Department of Fisheries Resources Surveillance (Regional Branches).

9. Fishing Vessel Registry.

10. Aquaculture Surveying, Testing and Accreditation Center (ASTAC).

11. Fisheries Information Center (FIC).

In this Article, organizations prescribed in Clauses 1 through 8 are organizations assisting the Director-General in State monitoring; organizations prescribed in Clauses 9 through 11 are public service providers affiliated to the Directorate.

Article 4. The Directorate leaders

1. Directorate of Fisheries has 01 Director-General and up to 03 Deputy Directors-General.

2. Deputy Minister of Agriculture and Rural development shall hold the position of Director-General of Directorate of Fisheries as a part-time position and be held accountable to the Minister of Agriculture and Rural development and take legal responsibility for operation of the Directorate.

The Deputy Directors-General shall be appointed and discharged by the Minister of Agriculture and Rural development as prescribed.

3. The Director-General of Directorate of Fisheries shall define functions, tasks, powers and organizational structure of agencies and units affiliated to the Directorate; request the Minister of Agriculture and Rural development to define functions, tasks, powers and organizational structure of Department of Fisheries Resources Surveillance; promulgate Working regulations of the Directorate; appoint and discharge management and leader positions of the Directorate as prescribed in regulations of law and as decentralized by the Minister of Agriculture and Rural development.

4. The Director-General of Directorate of Fisheries shall be held accountable to the Minister of Agriculture and Rural development and take legal responsibility for operation of the Directorate. The Deputy Directors-General of Directorate of Fisheries shall be held accountable to the Director of Directorate of Fisheries and take legal responsibility for their works.

Article 5. Effect

This Decision comes into effect from December 15, 2014 and replaces Decision No. 05/2010/QD-TTg dated January 25, 2010 of the Prime Minister defining the functions, tasks, powers and organizational structure of Directorate of Fisheries affiliated to the Ministry of Agriculture and Rural Development.

Article 6. Implementation

Minister of Agriculture and Rural development, Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Presidents of People’s Committees of central-affiliated cities and province and Director-General of Directorate of Fisheries shall implement this Decision./.