Nghị định 105/2022/NĐ-CP quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Nông nghiệp và Phát triển nông thôn

THE GOVERNMENT OF VIETNAM -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No.: 105/2022/ND-CP	Hanoi, December 22, 2022

 

DECREE

PRESCRIBING FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT OF VIETNAM

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016 defining the functions, tasks, powers and organizational structures of ministries and ministerial agencies, and the Government’s Decree No. 101/2020/ND-CP dated August 28, 2020 providing amendments to the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016;

At the request of the Minister of Agriculture and Rural Development of Vietnam;

The Government of Vietnam promulgates a Decree defining functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development of Vietnam.

Article 1. Position and functions

The Ministry of Agriculture and Rural Development of Vietnam is a governmental agency performing the state management of the following fields and sectors:  agriculture, forestry, salt production, aquaculture, irrigation, disaster prevention and control, rural development; state management of public services rendered in the fields and sectors under its jurisdiction in accordance with regulations of law.

Article 2. Tasks and powers

The Ministry of Agriculture and Rural Development of Vietnam shall perform its tasks and powers as prescribed in the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016 and the Government’s Decree No. 101/2020/ND-CP dated August 28, 2020, and the following specific tasks and powers:

1. Submit the following documents to the Government, including bills and draft resolutions of the National Assembly, draft ordinances and draft resolutions of the Standing Committee of the National Assembly, draft decrees of the Government formulated under the Ministry's approved annual law-making programs/plans, and other resolutions, mechanisms, policies, projects, schemes and other legislative documents as assigned by the Government or the Prime Minister.  

2. Submit the following documents to the Government or the Prime Minister, including annual, medium-term and long-term development plans, plannings and/or strategies, and nationally significant programs, schemes, projects and/or works in the fields and sectors under its jurisdiction.

3. Submit the following documents to the Prime Minister, including draft decisions, directives and other legislative documents under his/her promulgating authority.

4. Consider giving approval for programs, plannings and/or strategies for development of fields and sectors under its jurisdiction within its competence and as authorized by the Government or the Prime Minister; review and assess the implementation of plannings nationwide under its jurisdiction.

5. Promulgate circulars, decisions, directives, national technical regulations, processes, rules and technical – economic norms; organize the formulation of national standards in the fields and sectors under its jurisdiction in accordance with regulations of law; instruct and inspect the implementation of such documents.

6. Announce, direct, instruct, inspect, assess, report and assume responsibility for implementation of approved mechanisms, policies, strategies, plannings and/or plans under its jurisdiction; organize dissemination and education of laws in the fields and sectors under its jurisdiction.

7. Review legislative documents promulgated by ministries, ministerial agencies, Provincial People's Councils or Provincial People's Committees with respect to contents concerning the fields and sectors under its jurisdiction; take appropriate actions in accordance with regulations of law if any of such legislative documents is found to be contrary to the legislative documents in the fields and sectors under its jurisdiction.

8. Regarding crop production and plant protection

a) Direct, instruct and inspect crop production activities; develop areas for cultivation and production of safe agricultural products; formulate plans for use, protection and improvement of agricultural soil fertility; plans for prevention and control of soil erosion, desertification and landslide; formulate roadmap and provide guidelines for issuance of production unit codes nationwide in accordance with regulations of law;

b) Direct and instruct the use of state budget-derived funding for programs on prevention, control and remedy for consequences of plant disease epidemics;  

c) Direct the implementation of regulations on crop structure; farming, cultivation, harvesting and storage techniques; carry out assessment of implementation of annual crop production plans; promulgate plans for nationwide crop structure transformation of paddy land areas;

d) Direct the inspection of collection, storage, conservation and exploitation of plant genetic resources in accordance with regulations of law;

dd) Perform state management of fertilizers in accordance with regulations of law;

e) Perform state management of agricultural plant varieties, plant quarantine, plant protection, and plant protection chemicals in accordance with regulations of law.

9. Regarding livestock production and animal health

a) Direct, instruct and inspect the implementation of strategies for livestock production development; collection, conservation, exploitation and development of animal genetic resources; formulate and submit the list of livestock breeds requiring conservation and the list of livestock breeds banned from export to the Government for promulgation; stipulate criteria and recognition of disease-free livestock breeding zones; direct, instruct and organize the implementation of regulations on prevention, treatment and control of animal diseases; quarantine of animals and products thereof; monitoring of slaughtering, preparation and processing of animals and products thereof; animal health inspection; management of veterinary drugs; veterinary practice;

b) Direct and instruct the use of state budget-derived funding for national programs/plans for prevention, control and remedy for consequences of animal disease epidemics; 

c) Direct the implementation of regulations on livestock structure; breeding techniques; carry out assessment of implementation of annual animal production plans;

d) Direct and inspect scientific research activities and application of microorganisms and use of chemicals in animal health sector; do research on production of vaccines and biological preparations in animal health sector;

dd) Direct, instruct, inspect and monitor the performance of state management of livestock breeds and products thereof, animal feeds, eligibility requirements to be satisfied by breeding farms, animal waste management; livestock breeding, breeding of other animals and humane treatment to domesticated animals;

e) Perform state management of livestock production and animal health in accordance with regulations of law on livestock production and animal health.

10. Regarding fisheries

a) Direct and instruct the implementation of mechanisms and policies for development of fisheries industry in accordance with regulations of law;

b) Formulate and submit the following documents to the Prime Minister for approval, including plannings for protection and extraction of aquatic resources, decisions on establishment of marine protected areas located in two or more provinces or central-affiliated cities, and national plannings for the system of fishing ports and sheltering anchorages for commercial fishing vessels; submit proposed regulations on management of marine protected areas to the Government for promulgation;

c) Direct, instruct and inspect the implementation of regulations on management of marine protected areas, management of endangered, precious and rare aquatic species, protected zones of aquatic resources, and management of aquatic resources in wetland reserves in accordance with regulations of law;

d) Instruct and inspect the implementation of regulations of law on fishing ports and sheltering anchorages for commercial fishing vessels; regulations on management of safety of fishing vessels, information on disaster prevention for fishers and fishing vessels at sea; determine and allocate quotas on issuance of marine fishing licenses and the production allowed to be caught of each species in the coastal waters of central-affiliated cities and provinces as prescribed;

dd) Direct, instruct and inspect the implementation of regulations on aquaculture; environmental monitoring and warning in aquaculture; aquaculture processes, techniques and seasons; conservation of original breeds and native aquatic species of high economic values;

e) Instruct and inspect the implementation of regulations on lists of endangered, precious and rare aquatic species; aquatic species requiring conservation, protection and regeneration; environmental protection measures for aquatic ecosystems, collection, storage and exploitation of aquatic genetic resources, conservation of gene funds and biodiversity in fisheries sector in accordance with regulations of law;

g) Perform state management of fisheries surveillance tasks in accordance with regulations of law;

h) Direct, instruct and inspect the performance of state management tasks of aquatic breeds and aquaculture feeds; chemicals, biological preparations and microorganisms used for environmental remediation and treatment in aquaculture; environmental treating products in aquaculture in accordance with regulations of law;

i) Perform state management of fishery activities, aquatic resources, technical infrastructure facilities and fishing logistics services.

11. Regarding salt production

a) Perform state management of salt production industry; formulate policies, programs, schemes and/or projects for development of production and trading of salt products;

b) Direct, instruct and inspect the compliance with technical processes for production, harvesting, preliminary preparation, processing and storage of salt products; carry out assessment of implementation of annual salt production plans;

c) Promulgate and inspect the implementation of national technical regulations and/or procedures for production, processing and storage of salt and salt products (except those used in medical sector).

12. Regarding forestry

a) Direct, instruct and inspect the implementation of the Government’s and Prime Minister’s mechanisms and policies for forestry development; regulations on forest management; policies for management and protection of endangered, precious and rare species of forest fauna and flora, lists of endangered, precious and rare species of forest fauna and flora, and implementation of the Convention on international trade in endangered species of wild fauna and flora (CITES) in accordance with regulations of law;

Play the leading role and cooperate with relevant ministries and regulatory authorities in managing reserve forests, protective forests, protecting forest ecosystems, forest organisms, forest ecosystems used for aquaculture, biodiversity, and conserving nature of forests of various types in accordance with regulations of law;

Request the Prime Minister to consider giving approval of national forestry plannings; issue decisions on establishment of protective forests or reserve forests that are nationally significant or located in multiple provinces; Provide advice for the Government and the Prime Minister on forest repurposing in accordance with regulations of law;

b) Perform state management of forest rangers in accordance with regulations of law;

c) Direct, instruct and inspect the implementation of regulations on combined forestry-agricultural-fishery production in forests; play the leading role and cooperate with relevant ministries and ministerial agencies in organizing investigation, assessment, collection and preservation of endemic or high value species of microorganism and fungi in danger of extinction in order to include them in lists of endangered, precious and rare species requiring special protection;

d) Direct the implementation of policies for payment for forest environmental services in accordance with regulations of law;

dd) Direct the performance of state management tasks of management, development and use of forests; extraction of forest products; forestry production associated with forest product processing and trade; establishment of national seedling forests and national botanical gardens, prevention and control of organisms harmful to forests and forestry varieties; forest fire safety tasks; specialized forest fire safety forces; issuance of sustainable forest management certificates, forest valuation in accordance with regulations of law;

e) Instruct and inspect forest allocation, lease, appropriation, investigation and stocktaking, and monitoring of forest developments; development and management of forest database;

g) Play the leading role and cooperate with relevant ministries and ministerial agencies in proposing the conclusion of international conventions and/or agreements on forestry; act as a contact point in charge of representing Vietnam in performing rights and obligations of a member of the Convention to Combat Desertification and other conventions and/or agreements on forestry.

13. Regarding irrigation

a) Perform state management of operation and protection of irrigation structures in accordance with regulations of law;

b) Direct, instruct and inspect the implementation of regulations on fundamental investigations, strategies, plannings, plans, programs, schemes, projects, policies and laws on irrigation, rural clean water, water consumption and drainage (except drainage and treatment of wastewater discharged from urban areas, concentrated rural residential areas and industrial parks); investment in construction and improvement of irrigation structures and rural clean water supply works; operation of irrigation water storage reservoirs and irrigation structures in accordance with regulations of law;

c) Direct, instruct and inspect the formulation, approval and implementation of irrigation plannings serving agriculture and multiple socio-economic purposes in accordance with regulations of law;

d) Consider giving approval of plannings for irrigation and clean water supply systems involving two provinces or more, irrigation structure systems and technically complicated or large-scale irrigation structures serving water supply and drainage for a province; prevention and control of drought and saltwater intrusion; soil improvement and combat against desertification; rural water supply and drainage in accordance with regulations of law;

dd) Direct, instruct and inspect the implementation of technical processes and policies on irrigation; manage the performance of irrigation activities and operation of irrigation structures; manage irrigation infrastructure assets; instruct and inspect the compliance with regulations on discharge of wastewater into irrigation structures;

e) Instruct and inspect the formulation of plans for development of irrigation structures and rural clean water supply works which should be included in provincial plannings in accordance with regulations of law;

g) Direct, instruct and inspect the implementation of regulations on prevention, control and mitigation of consequences of droughts, saltwater intrusion, inundation and desertification; organize monitoring, forecasting and warning of droughts, saltwater intrusion and inundation, volume and quality of water generated by irrigation projects in accordance with regulations of law;

h) Direct, instruct and inspect the implementation of plans for protection of irrigation structures and their safety perimeters;

i) Direct, instruct and inspect the formulation of plans for construction, operation, use and protection of rural water supply and drainage systems;

k) Organize the formulation, review and submission of plannings for disaster prevention and control, and irrigation development to the Prime Minister for approval; formulate irrigation plannings in accordance with regulations; instruct and inspect the implementation of plannings after they have been approved by competent authorities;

l) Direct, instruct and inspect the implementation of regulations on fundamental investigations, strategies, plannings on irrigation; organize inventory of water resources retained in irrigation structures in combination with forecasting of droughts, water scarcity, saltwater intrusion, desertification, floods, inundation and waterlogging; investment in construction of irrigation structures for retention, storage, regulation, transfer, distribution, supply, application or administration, and drainage of water for agriculture and salt production; combine supply and drainage of water for domestic and other industrial purposes; prevention, control and mitigation of adverse effects of disasters relating to water and climate change, environmental protection, watershed protection, prevention and control of pollution, degradation and scarcity of water resources, adaptability to climate change in order to ensure water resource security, safety of dams and reservoirs under its jurisdiction in accordance with regulations of law;

m) Perform state management of safety of dams and reservoirs in accordance with regulations of law; perform tasks under its state management as prescribed in the Law on water resources and other regulations of law.

14. Regarding disaster prevention and control

a) Direct, instruct and inspect the implementation of strategies, plannings, plans, programs, schemes, projects, policies and laws on disaster prevention and control;

b) Direct, instruct and inspect the implementation of regulations of law regarding mechanisms, policies, human resources, supplies, vehicles, equipment, information systems, utilities and resources for disaster prevention and control;

c) Instruct and inspect the formulation and implementation of plans for disaster prevention and control, disaster response plans; inspect the implementation of measures for disaster prevention and control included in provincial, ministerial and sectoral socio-economic development plans and projects;

d) Direct, instruct, inspect and supervise disaster recovery and post-disaster reconstruction in accordance with regulations of law and international agreements or conventions to which Vietnam is a signatory; consolidate, make assessment and statistics, and publish data on disaster losses; instruct and inspect the implementation of regulations on monitoring and supervision of activities relating to disaster prevention and control structures and measures; monitor, analyze and evaluate disaster losses which may adversely affect Vietnam in accordance with regulations of law;

dd) Organize information dissemination, communications, and education activities with the aim of raising public awareness about disaster prevention and control; direct and instruct the establishment and improvement of operational efficiency of commune-level disaster prevention and control vanguards and people’s dike management forces;

e) Perform state management of plannings for disaster-resilient residential areas and production organization; floor prevention and control plannings for diked river sections; dike plannings; plans for investment in construction, reinforcement, upgrading, consolidation, protection and operation of dikes and dike protections in accordance with regulations of law;

g) Manage the investment in construction, reinforcement and protection of disaster prevention and control structures, including dikes, dams, reservoirs, and structures for control of inundation, droughts and landslides; storm shelters for ships and other structures serving disaster prevention and control in accordance with regulations of law;

h) Perform state management of disaster prevention and control tasks as prescribed in the Law on dikes, the Law on disaster prevention and control, the Law on planning, the Law on water resources and other relevant laws.

15. Regarding rural development

a) Direct and implement national target programs on development of new-style rural areas; actions programs for poverty eradication in Vietnam as assigned by the Government;

b) Consolidate and submit the following documents to the Prime Minister for approval, including master plans and programs for development of rural areas; strategies for development of trade villages, family   household-based rural trade villages, cooperatives and rural cooperative unions; promulgate policies for encouraging development of agriculture professions, conservation and development of trade villages;

c) Organize and inspect the implementation of programs, mechanisms and policies for development of agricultural electromechanic engineering; family   household-based agriculture professions and rural trade villages, agricultural cooperatives and cooperative unions after they have been approved by competent authorities; direct the formulation and implementation of programs, schemes, and projects on support for production and development of rural trade villages and agriculture professions in accordance with regulations of law;

d) Play the leading role in instructing and inspecting the implementation of policies on residential relocation for irrigation and hydroelectronic structures; population distribution and stabilization in disaster areas, disadvantaged areas, border areas, islands, areas affected by sea-level rise which is a result of climate change, areas with free migrants, important and very important areas of protective forests and reserve forests; direct, instruct and inspect the implementation of regulations on sedentary farming and population distribution in rural areas, and ethnic minority and mountainous areas;

dd) Direct, instruct and inspect the provision of agricultural vocational training for rural labor forces; process of disaster and epidemic certification for benefiting agricultural insurance policies in accordance with regulations of law;

e) Direct, instruct and inspect programs and projects on construction of rural infrastructure facilities in accordance with regulations of specialized laws.

16. Regarding food safety of agricultural, forest, aquatic and salt products

a) Direct, organize, instruct and inspect the implementation of regulations of law on food safety during initial production of agricultural, forest, aquatic and salt products under its jurisdiction;

b) Direct, organize, instruct and inspect the implementation of regulations of law on food safety during production, collection, slaughtering, preliminary processing, processing, preservation, transport, import, export and trading of products, product groups, foods, goods and food production and trading establishments as assigned by the Government;

c) Play the leading role in managing food safety of establishments producing multiple food products which are under the management of two or more regulatory authorities but of which the product with highest quantity falls under its management;

d) Organize monitoring and assessment of risks, warning, prevention, control and remedy of food safety incidents in respect of food products under its jurisdiction; inspect and supervise the traceability of origin, recall and disposal of substandard food products under its jurisdiction;

dd) Issue and revoke certificates of genetically modified organisms qualified for use as foods;

e) Appoint food testing laboratories serving the performance of state management tasks and reference testing laboratories; draw final conclusions in case of discrepancies in testing results given by various laboratories in assigned fields and sectors;

g) Manage food safety of agricultural product wholesale markets and auction markets;

h) Appoint regulatory authorities in charge of performing food safety inspection of imported food products under its jurisdiction;

i) Announce the list of eligible exporting countries and exporters in assigned fields and sectors.

17. Regarding quality control of varieties, breeds, supplies, livestock, poultry, domestic animals, devices, equipment, products and services rendered in agricultural, forest, salt production and fisheries fields, and irrigation structures and dikes

a) Organize and inspect the implementation of mechanisms, policies, strategies, plans and programs for development and improvement of quality of goods and products under its jurisdiction;

b) Promulgate the list of potentially unsafe products and goods (i.e. group-2 products and goods) under its jurisdiction;

c) Designate and manage operation of conformity assessment bodies for products and goods under its jurisdiction.

18. Regarding preservation, processing and transport of agricultural, forest and aquatic products

a) Submit the following documents to competent authorities for promulgation, including mechanisms, policies, strategies, programs, schemes and projects on processing, preservation and transport of agricultural, forest and aquatic products;

b) Direct, instruct and inspect the implementation of strategies, schemes, programs, mechanisms and policies for development of processing fields associated with production and market; provide assistance in reduction of post-harvest losses in sectors under its jurisdiction;

c) Instruct, inspect and supervise the satisfaction of eligibility requirements by establishments performing preliminary processing, processing, preservation and transport of agricultural products under its jurisdiction;

d) Instruct, assess and give assistance in improvement of capacity for processing of agricultural, forest and aquatic products.

19. Regarding trading of agricultural, forest, aquatic and salt products

a) Play the leading role in conducting negotiation to expand markets for agricultural products; remove technical barriers to import and export of agricultural products; develop cooperation and linkages in production and sale of agricultural products as assigned by the Government or the Prime Minister;

b) Cooperate with the Ministry of Industry and Trade of Vietnam in formulating mechanisms and policies for development of trading and markets for agricultural products; trade promotion plans and programs; national brand programs for agricultural, forest, aquatic and salt products;

c) Play the leading role in formulating and submitting programs and schemes for trade promotion of agricultural, forest and aquatic products, and development of brands of agricultural products to competent authorities for promulgation, and organize the implementation thereof; organize market analysis and forecasting, trade promotion and other activities relating to brand programs for agricultural, forest, aquatic and salt products under its jurisdiction;

d) Promulgate the list of goods banned from import, list of goods banned from export; list imported and exported goods subject to its specialized management in accordance with regulations of law;

dd) Cooperate with the Ministry of Industry and Trade of Vietnam in organizing the implementation of regulations of law on trade remedies (including anti-dumping, countervailing and safeguard duties) in respect of agricultural products imported into Vietnam; assist Vietnamese trade associations and enterprises whose exported agricultural products are subject to investigations and trade remedies;

e) Cooperate with the Ministry of Science and Technology of Vietnam in developing and applying geographical indications relating to agricultural, forest and aquatic products under its jurisdiction.

20. Perform state management of organic agriculture; propose mechanisms and policies for development of circular agriculture and ecological agriculture.

21. Regarding management of investment and construction investment

a) Direct, instruct and inspect investment and construction investment; and construction activities in accordance with regulations of law;

b) Perform state management of construction investment and quality control of specialized works in fields and sectors under its jurisdiction in accordance with regulations of law;

c) Appraise prefeasibility study reports and feasibility study reports of programs, projects and schemes in the fields and sectors under its jurisdiction.

Consider giving approval for investment guidelines; issue investment decisions; consider giving approval for designs, cost estimates, final statements and manage bidding for programs and projects under its jurisdiction in accordance with regulations of law;

d) Instruct, monitor, assess and inspect construction investment projects/programs under its jurisdiction in accordance with regulations of law;

dd) Organize supervision and overall assessment of investments; supervision and overall assessment of construction investments and investment projects in sectors under its jurisdiction in accordance with regulations of law.

22. Regarding enterprises, cooperatives and other collective and private economic entities

a) Submit mechanisms and policies for supporting and encouraging development of household economy, farm economy, artels, cooperatives, cooperative unions and production linkages in fields and sectors under its jurisdiction to the Government for promulgation; cooperate with Vietnam Cooperative Alliance, relevant ministries and regulatory authorities in considering promulgation of mechanisms and policies for supporting and encouraging development of household economy, farm economy, artels and cooperatives under its jurisdiction;

b) Instruct and inspect the implementation of regulations on conditional business lines and services included in the list announced by the Government and take actions against violations under its jurisdiction;

c) Perform state management of artels, cooperatives, cooperative unions and farms in fields and sectors under its jurisdiction;

d) Perform rights and responsibilities of the owner’s representative agency of state capital invested in enterprises as assigned by the Government and in accordance with regulations of the Law on management and use of state capital invested in manufacturing and business operations, the Law on enterprises and relevant laws.

23. Manage national reserves of plant varieties, plant protection chemicals, veterinary drugs and other goods as assigned by the Government.

24. Regarding science and technology

a) Direct the performance of science and technology activities in fields and sectors under its jurisdiction;

b) Direct the performance of state management of rights to plant varieties in accordance with regulations of law on intellectual property; cooperate with the Ministry of Science and Technology of Vietnam in performing state management and protection of intellectual property rights;

c) Direct the performance of state management of high technologies and innovation in agriculture in accordance with regulations of law;

d) Organize the performance of state management tasks and basic research and application of science and technology to crop production, plant protection, livestock production, animal health, aquaculture, salt production, irrigation, dikes, forestry, agricultural environment, disaster prevention, response and recovery, and rural development.

25. Regarding agricultural extension

a) Request competent authorities to promulgate, or promulgate within its competence, mechanisms, policies and strategies for promulgate agricultural extension, organize and perform agricultural extension activities;

b) Instruct and inspect the implementation of regulations on agricultural extension;

c) Formulate and organize the implementation of central agricultural extension plans; manage funding for performing central agricultural extension activities in accordance with regulations of law;

d) Request competent authorities to promulgate, or promulgate within its competence, policies on private sector involvement

dd) Perform state management of agricultural extension as prescribed.

26. Regarding environmental protection, climate change and biodiversity

a) Direct the performance of state management tasks of environmental protection in fields and sectors under its jurisdiction as prescribed in laws;

b) Direct the performance of state management tasks of biodiversity and biosafety in fields and sectors under its jurisdiction as prescribed in laws;

c) Direct and perform the tasks of response to climate change and sea level rise under its jurisdiction as assigned by the Government or the Prime Minister.

27. Direct, instruct and organize promotion of investments in fields and sectors under its jurisdiction.

28. Carry out technical inspection of machinery, equipment, supplies and substances subject to strict occupational safety requirements in fields and sectors under its jurisdiction as prescribed by laws.

29. Perform international cooperation and economic integration in fields and sectors under its jurisdiction as prescribed by laws.

30. Decide and instruct the implementation of its administrative reform programs according to the objectives and contents of the state administrative reform programs approved by the Prime Minister; propose or decide, within its competence, the authorization to perform state management of fields and sectors to local governments.

31. Regarding organization and provision of public services

a) Perform state management of public services, provision of public products and services in fields and sectors under its jurisdiction as prescribed by laws.

Submit mechanisms and policies on provision of public services and private sector involvement in provision of public services in fields and sectors under its jurisdiction to the Government for promulgation;

b) Submit plannings for administrative units and public service providers, list of basic and essential public services in fields and sectors under its jurisdiction, and list of state budget-funded public services in fields and sectors under its jurisdiction to the Prime Minister;

c) Promulgate technical-economic norms applicable to public administrative services under the State management; stipulate bidding, order placement and assignment of tasks to provide public services; quality criteria and standards, mechanisms for supervision, assessment and quality accreditation of public services; efficiency in operation of providers of public services in fields and sectors under its jurisdiction;

d) Instruct the implementation of relevant policies and laws, and assist organizations in providing public administrative services in fields and sectors under its jurisdiction as prescribed by laws.

32. Manage non-governmental organizations or associations engaged in fields and sectors under its jurisdiction as prescribed by laws.

33. Provide guidelines on functions, tasks, powers, job positions and payroll of specialized authorities in agriculture and rural development fields and sectors that are affiliated to provincial People's Committees and district-level People's Committees.

Manage its organizational apparatus, payroll for officials, job positions and number of public employees; workers; organize recruitment, training, drilling, management, use, implementation of policies on salary, emulation, reward and commendation, discipline and other policies and benefits of officials, public employees and workers under its management and jurisdiction as prescribed by laws.

34. Carry out inspection and citizen reception tasks; settle complaints and denunciations; perform anti-corruption and misconduct tasks; combat against waste and take actions against violations in fields and sectors under its management and jurisdiction as prescribed by laws.

35. Carry out digital transformation in agriculture in accordance with regulations of the Government or the Prime Minister.

36. Manage the development and application of information technology, remote sensing and statistics activities under its jurisdiction in accordance with regulations of the Law on Information Technology, the Law on Statistics and other relevant laws.

37. Manage financial sources, assets and other assigned resources, and use allocated state budget in accordance with regulations of law.

38. Act as a national standing agency in charge of disaster prevention and control; forest protection and development; development of new-style rural areas; combat against desertification; management of international trade in endangered species of wild fauna and flora; prevention and control of livestock and poultry diseases; Vietnam sanitary and phytosanitary notification authority and enquiry point (SPS Vietnam); act as a contact point of Vietnam to enter into ASEAN cooperation on disaster management, international forums and treaties on disaster prevention and control as assigned by the Government and in accordance with regulations of law.

39. Perform other tasks and powers as assigned by the Government or the Prime Minister or as prescribed by law.

Article 3. Organizational structure

1. Planning Department.

2. Finance Department.

3. Science, Technology and Environment Department.

4. International Cooperation Department.

5. Legislation Department.

6. Organization and Personnel Department.

7. Ministry Administrative Office.

8. Ministry Inspectorate.

9. Department of Crop Production.

10. Department of Plant Protection.

11. Department of Livestock Production.

12. Department of Animal Health.

13. Department of Construction Management.

14. Department of Cooperatives and Rural Development.

15. Quality, Processing and Market Development Department.

16. Department of Water Resources.

17. Department of Dike Management and Disaster Prevention and Control.

18. Department of Forestry.

19. Forest Protection Department.

20. Department of Fisheries.

21. Fisheries Surveillance Department.

22. Institute of Policy and Strategy for Agriculture and Rural Development.

23. Institute of Management for Agricultural and Rural Development.

24. Institute of Public Policies and Rural Development.

25. Center for Digital Transformation and Agricultural Statistics.

26. National Center for Agricultural Extension.

27. Vietnam Agriculture Newspaper.

28. Vietnam Journal of Agriculture and Rural Development.

The organizations referred to in Clauses 1-21 of this Article shall assist the Minister of Agriculture and Rural Development of Vietnam in performing its state management functions; the organizations referred to in Clauses 22-28 are public administrative units serving the Ministry’s state management functions.

The Minister of Agriculture and Rural Development of Vietnam shall stipulate functions, tasks, powers and organizational structure of its affiliated units; request the Prime Minister to promulgate the list of other public administrative units affiliated to the Ministry of Agriculture and Rural Development of Vietnam.

Article 4. Effect

1. This Decree comes into force from January 15, 2023.

2. This Decree supersedes the Government’s Decree No. 15/2017/ND-CP dated February 17, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development of Vietnam.

Article 5. Transition

1. Agro-Forestry-Fisheries Quality Assurance Department, Agro Processing and Market Development Department, Directorate of Water Resources, Vietnam Disaster Management Authority, Vietnam Administration of Forestry, Directorate of Fisheries, Institute of Management for Agricultural and Rural Development I, Institute of Management for Agricultural and Rural Development II, Center for Informatics and Statistics, National Center for Agricultural Extension shall continue performing their functions, tasks, powers and organizational structure in accordance with regulations in force until Decisions defining functions, tasks, powers and organizational structure of the units mentioned in Clauses 15 through 21, Clauses 23 through 26 Article 3 which are promulgated by the Minister of Agriculture and Rural Development of Vietnam come into force.

2. The Minister of Agriculture and Rural Development of Vietnam shall stipulate functions, tasks, powers and organizational structure of the Quality, Processing and Market Development Department that should inherit tasks and powers of the Agro-Forestry-Fisheries Quality Assurance Department, and Agro Processing and Market Development Department; the Department of Water Resources that should inherit tasks and powers of the Directorate of Water Resources; the Department of Dike Management and Disaster Prevention and Control that should inherit tasks and powers of Vietnam Disaster Management Authority; the Department of Fisheries and the Department of Fisheries Surveillance that should inherit tasks and powers of Directorate of Fisheries; the Department of Forestry and the Forest Protection Department that should inherit tasks and powers of Vietnam Administration of Forestry in accordance with regulations of law and treaties to which the Socialist Republic of Vietnam is a signatory until competent authorities promulgate or make amendments to relevant regulations of law.

3. Public administrative units affiliated to the Directorate of Water Resources, Vietnam Disaster Management Authority, Vietnam Administration of Forestry, and Directorate of Fisheries shall continue performing their operations in accordance with regulations in force until they are restructured according to decisions issued by competent authorities.

Article 6. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, and Chairpersons of provincial People’s Committees are responsible for the implementation of this Decree.

 

ON BEHALF OF THE GOVERNMENT PP. PRIME MINISTER DEPUTY PRIME MINISTER Pham Binh Minh