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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 86/2003/ND-CP
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Hanoi, July 18,
2003
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DECREE
DEFINING THE FUNCTIONS, TASKS,
POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF AGRICULTURE AND RURAL
DEVELOPMENT
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of
the Government;
Pursuant to Resolution No. 02/2002/QH11 of August 5, 2002 of the first session
of the XIth National Assembly of the Socialist Republic of Vietnam, prescribing
the list of the Government's ministries and ministerial-level agencies;
Pursuant to the Government's Decree No. 86/2002/ND-CP of November 5, 2002
defining the functions, tasks, powers and organizational structures of the
ministries and ministerial-level agencies;
At the proposals of the Minister of Agriculture and Rural Development and the
Minister of the Interior,
DECREES:
Article 1.- Position
and functions
The Ministry of
Agriculture and Rural Development is a governmental agency which performs the
function of State management over agriculture, forestry, salt-making,
irrigation and rural development throughout the country; performs the State
management over public services and acts as representative of the owner of
State capital portions at the State-invested enterprises under the Ministry's
management according to law provisions.
Article 2.-
Tasks and powers
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1. To submit to the
Government or the Prime Minister bills, draft ordinances and draft legal
documents of the Government or the Prime Minister regarding the domains within
its State management scope.
2. To submit to the
Government or the Prime Minister strategies, development plannings, long-term,
five-year and annual plans as well as important programs and projects within
the domains under its State management;
3. To promulgate
decisions, directives and circulars within its State management scope.
4. To direct, guide,
examine and take responsibility for the implementation of legal documents,
strategies, plannings, plans, programs, projects, standards and
economic-technical norms on agriculture, forestry, salt-making, irrigation and
rural development, which have already been approved; provide information on propagation,
dissemination and education of laws on the domains within its State management
scope.
5. Regarding
agriculture (cultivation, husbandry):
a/ To perform the
State management over the production, harvesting and preservation of farm
produce;
b/ The uniformly
manage the processing of farm produce;
c/ The perform the
State management over agricultural plant varieties and animal breeds;
d/ To uniformly manage
agricultural supplies, fertilizers and animal feeds;
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6. Regarding forestry:
a/ To perform the
State management over afforestation, forest resource development, forest
product exploitation and preservation;
b/ To uniformly manage
the processing of forest products;
c/ To perform the State
management over forest plant varieties and forestry supplies;
d/ To perform the
State management over protection of forest resources.
7. Regarding
salt-making:
a/ To perform the
State management over production and preservation of salt and salt products;
b/ To uniformly manage
the processing of salt and salt products.
8. Regarding
irrigation:
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b/ To uniformly manage
river basins to exploit, use and develop rivers comprehensively according to
the plannings and plans already approved by competent authorities;
c/ To uniformly manage
the construction and protection of dykes, flood and storm prevention and combat
works and the work of preventing and combating floods, storms, droughts and
coastal and riverside landslides.
9. Regarding rural
development:
a/ To sum up and
submit to the Government or the Prime Minister for promulgation plans, programs
and policies on rural development;
b/ To uniformly manage
the work of redistribution of agricultural and rural population according to
law provisions;
c/ To uniformly manage
the construction and development of household and farm economy, cooperative
economy, agricultural cooperatives as well as State-run agricultural and
forestry farms;
d/ To uniformly manage
the work of agricultural, forestry and salt-making promotion as well as
development of rural production/business lines;
e/ To uniformly manage
the exploitation and use of rural clean water.
10. To manage national
reserve of supplies and equipment under the Government's assignment.
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a/ To uniformly manage
the elaboration of programs, plans, development research subjects and the
application of scientific and technological advances in the domains of
agriculture, forestry, salt-making, irrigation and rural development according
to law provisions;
b/ The perform the
State management over funds of genes of animals and plants (including forest plants
and wild animals), and microorganisms used in agriculture, forestry and
salt-making according to law provisions;
c/ To manage the
standards and quality of agricultural, forestry and salt-making supplies and
products. To expertise the quality of special-use equipment and construction
works under its management;
d/ To manage the work
of scientific and technological information as well as specialized intellectual
property in the domains under its management according to law provisions.
12. Regarding trade
promotion:
a/ To coordinate with
the Ministry of Trade in elaborating and submitting to the Government or the
Prime Minister mechanisms and policies to develop agricultural, forestry and
salt product outlets;
b/ To coordinate with
the Ministry of Trade in elaborating and forecasting orientations for
development of agricultural, forestry and salt product outlets;
c/ To uniformly manage
the organization of fairs and exhibitions on agriculture, forestry,
salt-making, irrigation and rural development according to law provisions.
13. To enter into
international cooperation in the fields of agriculture, forestry, salt-making,
irrigation and rural development according to law provisions.
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15. Regarding
non-business activities and public services:
a/ To manage and
direct the operation of the non-business organizations under the Ministry;
b/ To perform the
State management over public-service organizations in agriculture, forestry,
salt-making, irrigation and rural development according to law provisions.
16. To perform the State
management over the operation of associations and non-governmental
organizations in the domains under its State management according to law
provisions.
17. To inspect,
examine, settle complaints and denunciations, combat corruption and negative
phenomena, and handle law violations in agriculture, forestry, salt-making,
irrigation and rural development according to law provisions.
18. To decide on and
direct the implementation of the Ministry's administrative reform program
according to the objectives and contents of the State's administrative reform
program already approved by the Prime Minister.
19. To act as the
standing body in the work of flood and storm prevention and combat at the
central level, the work of forest fire prevention and fighting, and the work of
desertification; the standing body of the Office of Vietnam's Mekong River
Committee, the agency competent to manage the international trading of
endangered wild animal and plant species and the national food security program
according to law provisions.
20. To manage its
organizational apparatus and payroll; direct the implementation of wage regime
as well as preferential treatment, commendation and discipline regimes and
policies for State officials and public employees under its management; to
train, foster and build up the contingent of State officials and public
employees in agriculture, forestry, salt-making, irrigation and rural
development.
21. To manage the
assigned finance and assets, and organize the implementation of the allocated
budget according to law provisions.
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a/ Organizations
assisting the Minister in performing the State management function:
1. The Planning
Department;
2. The Finance
Department;
3. The Department for
Science and Technology;
4. The Department for
International Cooperation;
5. The Legal
Department;
6. The Department for
Organization and Personnel;
7. The Agricultural
Department;
8. The Plant
Protection Department;
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10. The Department for
Processing of Agricultural and Forestry Products and Salt-Making;
11. The Forestry
Department;
12. The Ranger
Department;
13. The Department of
Water Resources;
14. The Department for
Dyke Management as well as Flood and Storm Prevention and Combat;
15. The Department for
Management of Work Construction;
16. The Department for
Cooperatives and Rural Development;
17. The Inspectorate;
18. The Office.
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1. The Informatics
Center;
2. The National Center
for Agricultural Promotion;
3. The Center for
Rural Clean Water and Environment Sanitation;
4. Vietnam Agriculture
newspaper;
5. The Agriculture and
Rural Development journal.
The Minister of
Agriculture and Rural Development shall assume the prime responsibility and
coordinate with the Minister of the Interior in elaborating the scheme on
reorganization and management mechanism of the institutes, schools and other
non-business units under the Ministry and submit it to the Prime Minister for
decision before June 30, 2004. Pending the Prime Minister's new decision, the
existing non-business units under the Ministry shall operate under the current
regulations.
Article 4.-
Implementation effect
This Decree takes
implementation effect 15 days after its publication in the Official Gazette.
This Decree replaces the Government's Decree No. 73/CP of November 1, 1995 on
the functions, tasks, powers and organizational apparatus of the Ministry of
Agriculture and Rural Development. To annul Article 4 of the Government's Decree
No. 13/CP of March 2, 1993 promulgating the Regulation on agricultural
promotion work, Article 4 of the Government's Decree No. 39/CP of May 18, 1994
on the organizational structure as well as tasks and powers of the Ranger, the
Prime Minister's Decisions No. 346/TTg, 347/TTg, 348/TTg, 349/TTg, 350/TTg,
352/TTg, 353/TTg, 354/TTg and 355/TTg of May 28, 1996 on the functions, tasks,
powers and organizational apparatuses of the departments under the Ministry of
Agriculture and Rural Development, and previous regulations contrary to this
Decree.
Article 5.- Implementation
responsibilities
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai