Defining the functions, responsibilities, powers and organizational structure of Ha Nam Department of Agriculture and...

 

Decision No.: 25/2016/QĐ-UBND dated 26 July 2016 of the Ha Nam Province People's Committee on the functions, responsibilities, powers and organizational structure of Ha Nam Department of Agriculture and Rural Development.

Article 1. Position and functions

1. The Agriculture and Rural Development Service is a specialized agency under the People's Committee, which performs the function of advising and assisting the People's Committee in performing the state management of agriculture; forestry; seafood; irrigation; rural development; natural disaster prevention and control; food safety, quality control for agricultural products, forest products, fisheries; on public services in the agriculture and rural development sector according to the law and under the assignment or authorization of the People's Committee and the Chairman of the People's Committee.

2. Ha Nam Department of Agriculture and Rural Development has legal entity, seal and separate account; subject to the direction and management of the organization, staffing and work of the People's Committee; and under the direction, guidance, control and inspection of the professional service of the Ministry of Agriculture and Rural Development.

Article 2. Responsibilities, powers

1. Submitting to the People's Committee:

a) Draft decisions or directives; long-term, five-year and annual plans; programs, scheme, projects on: agriculture; forestry; seafood; irrigation; rural development; quality, food safety for agricultural products, forest products, aquatic products; plans on natural disaster prevention and combat in line with the master plan on socio-economic development, objectives of national defense and security of the locality; programs and measures to organize the performance of state administrative reform tasks in the domains under its assigned state management.

b) Draft document defining the functions, duties, powers and organizational structure of the Department of Agriculture and Rural Development.

c) Draftdocument specifying the conditions, criteria and title of the head and deputy-head of organizations under the Department of Agriculture and Rural Development; the head and deputy head of the Agriculture and Rural Development Office of the district-level People's Committee; the draft stipulates the conditions, criteria and position of the head in charge of agriculture of the Economic Division under the People's Committee of Phu Ly.

2. Submitting to Chairman of the People’s Committee:

a) The draft of decision on the establishment, merger, split or dissolution of organizations under the Department in accordance with the provisions of law.

b) The draft of the special decisions and directives falling under the promulgating competence of the Chairman of the People's Committee.

c) Promulgating the regulation on management, coordination of work and information and reporting regime of organizations attached to the Department of Agriculture and Rural Development and district-level People's Committee; technical staff in the commune level with commune-level People's Committee.

3. Implementing legal documents, development planning, programs, projects, national standards, national technical regulations, economic and technical norms on: agriculture; forestry; seafood; irrigation; rural development; natural disaster prevention and control; approved food safety standards; propagate, disseminate, educate and monitor the implementation of law in the domains falling under the scope of State management.

4. Agriculture (cultivation, plant protection, animal husbandry and animal health):

a) Implementing the land planning and using for cultivation and husbandry after their ratification and measures against agricultural land degradation and erosion in their respective provinces in according with the regulations.

b) Manging plant seeds, animal breeds, fertilizers, animal feeds, plant protection drugs, veterinary drugs and other supplies in service of agricultural production according to the provisions of law.

c) Assisting the People's Committee in directing agricultural production, harvesting, preservation and processing of agricultural products; implementing the structure of seeds, seasons, cultivation and cultivation techniques.

d) Organizing the work of plant protection, veterinary medicine, prevention and combat and overcoming of consequences of natural disasters and epidemics of animals and plants for agricultural production; guide and organize the implementation of domestic quarantine on animals and plants in the province according to regulations.

đ) Managing and using the local reserves of plant seeds, plant protection drugs, veterinary drugs, supplies and goods in the fields of cultivation and husbandry in their respective localities after receiving the People's Committee approval.

e) Performing the management task of quarantine of animals and animal products; slaughter control; veterinary hygiene inspection in accordance with the provisions of law.

g) Guiding and organizing the development of a good agricultural practice standard (VietGAP) in agriculture.

5. Forestry:

a) Guiding the elaboration and take responsibility for evaluating forest protection and development plannings and plans of district-level People's Committee.

b) Assisting the People's Committee in managing and deciding the establishment of protection forests and production forests within the local management scope after being approved; organize the classification of forests, determine the boundaries of forest categories, make statistics, inventory and monitor the forest evolution under the guidance of the Ministry of Agriculture and Rural Development.

c) Organizing the implementation of forest allocation plans at district and commune levels after they are approved; organize the assignment of forests, lease of forests, recovery of forests, change of forest use purposes, recognition of forest use rights and ownership right over planted production forests to organizations or Vietnamese residing in the country and foreign organizations and individuals implementing forestry investment projects in Vietnam; organizing the establishment and management of forest land allocation and lease documents.

d) Assisting the People's Committee in directing district-level People's Committee to assign forests to village population communities and assign forests to households and individuals in accordance with the provisions of law.

đ) Guiding and inspect the implementation of regulations on forest seed; organizing the selection and recognition of mother trees, seedlings and seedlings in the province. Formulating plans, measures, direct and inspect the production of forest seed and use forestry materials; afforestation; processing and preserving forest products; preventing and fighting against epidemics which cause damage to forests; forest fire prevention and fighting.

e) Being responsible for approving forest management plans, designing of forest exploitation and design of silvicultural works; assisting the People's Committee in directing and inspecting the planting and protection of protective forests; developing scattered forest trees according to regulations.

g) Guiding and inspecting: the permission to open the forest for exploitation and assign the exploitation plan to the forest owner is the organization and the district-level People's Committee after it is approved. The implementation of regulations on responsibilities of district-level People's Committee and communal-level People's Committee in local management and protection of forests; coordinating and mobilize the forces and means of organizations and individuals in the localities in forest protection, forest product management and forest fire prevention and fighting.

6. Fisheries:

a) Guiding, inspecting and organizing the implementation of the law provisions on aquaculture, exploitation, conservation and development of aquatic resources; a corridor for migratory aquatic species when applying forms of capture fisheries; publicize additional provisions of the Ministry of Agriculture and Rural Development on the list of aquatic species banned from exploitation and the duration of exploitation ban; exploitation methods, types of fishing trades, gear banned from use or restricted use; types and minimum sizes of aquatic species permitted to be exploited; season; banned areas and restricted areas to be suitable with the exploitation of aquatic resources of the province.

b) Guiding and inspecing the implementation of decisions of the People's Committee on the establishment of inland water conservation zones of their respective localities; regulating on the management of inland water conservation zones managed by localities and regulations on fishing grounds in rivers, lakes and marshes and other natural waters under the management of the province under the guidance of the Ministry of Agriculture and Rural Development.

c) Organizing the assessment of aquatic resources; detecting and handling violations of the fisheries legislation in the provinces under their respective management in accordance with the provisions of law.

d) Guiding and inspecting the implementation of aquatic animal disease prevention and combat according to regulations.

đ) Managing feeds, bio-preparations and / or chemicals for treatment and improvement of the environment used in aquatic resources in accordance with the provisions of law.

e) Guiding and inspecting the elaboration of detailed plannings on aquaculture areas. Be responsible for evaluating district-level aquaculture planning and plans and organizing the management of concentrated aquaculture areas.

g) Organizing the quality inspection and quarantine of aquatic breeds at aquatic breed production establishments; organizing the prevention and overcoming of aquatic epidemic epidemics in their respective localities in accordance with the provisions of law.

7. Irrigation:

a) Guiding and inspecting the implementation of the regulations of the People's Committee on decentralization of management of irrigation works and programs on rural water supply and drainage in the province; guiding and inspecting the construction, exploitation, use and protection of irrigation works falling under the tasks of the People's Committee; organizingthe implementation of approved rural water supply and drainage programs and targets.

b) Observing the regulations on river management, exploitation, use and development of rivers in their respective provinces according to schemes and plans already approved by competent authorities.

c) Guiding, inspecting and taking responsibility for the construction, exploitation and protection of dykes and protection of natural disaster prevention and fighting works; elaborate plans, measures and organize the prevention and combat of natural disasters in the province in accordance with the provisions of law.

d) Guiding the formulation of irrigation land-use plannings, affix the boundary markers on the field and draw up plans and measures for relocation of works and dwelling houses related to dike protection areas cashew and river banks according to regulations.

đ) Guiding and inspecting the implementation of regulations on the state management over the exploitation and protection of irrigation works; dyke protection corridors for level IV and V dykes; deciding on flood diversion and slowing for dike maintenance in the localities in accordance with the provisions of law.

e) Guiding and inspecting the irrigation and / or drainage work in service of agricultural production in their respective localities in accordance with the provisions of law.

8. Rural development:

a) Summing up and submitting to the People's Committee mechanisms, policies and measures to encourage rural development; developing household economy, rural farm economy, cooperative economy and agricultural, forestry and fishery cooperatives in association with rural craft villages and craft villages in communal-level localities. Monitoring and summing up reports to the People's Committee on rural development in their respective localities.

b) Guiding and supervise the implementation of regulations on assignment and decentralization of appraisal of programs and projects related to migration and resettlement in agriculture and rural areas; economic restructuring plan and rural development program; the development of rural trades and villages associated with households and cooperatives in the province; directing, guiding and inspecting the implementation after they are approved.

c) Guiding the development of household economy, farm, cooperative economy, cooperative, development of rural trades and craft villages in the province.

d) Guiding and inspecting the implementation of the abatement of habit-forming plants according to regulations; sedentarization, migration and resettlement in agriculture and rural areas; vocational training for rural workers.

đ) Organizing the implementation of programs, projects or components of hunger elimination and poverty alleviation programs and projects, building new rural areas; building residential areas; construction of rural infrastructure as assigned or authorized by the People's Committee.

9. Processing and trading agricultural, forest and aquatic products:

a) Guiding and inspecting the implementation of the planning, programs, mechanisms and policies for development of the processing domain in association with production and market of commodities under the state management scope of the Department of Agriculture and Rural Development; the policy on development of agricultural mechanics, trades and craft villages shall be attached to households and cooperatives after they are approved by competent authorities.

b) Guiding, inspecting and evaluating the situation of development of processing and preservation of agricultural, forest and aquatic products; agricultural mechanics, industry, rural craft villages under the management of the Department.

c) Carrying out market forecasting and trade promotion for agricultural, forestry and aquatic products under the management of the Department.

d) Coordinating with concerned agencies in organizing trade promotion for agricultural, forest and aquatic products.

10. Quality and food safety of agricultural, forest and aquatic products:

a) Guiding, inspecting and certifying the quality and food safety of agricultural, forest and aquatic products in their respective localities according to the provisions of law.

b) Making statistics, evaluate and classify food quality assurance and safety conditions of establishments engaged in the production and trading of agricultural materials and agricultural, forest and aquatic products.

c) Implementing food safety monitoring programs, risk assessment and traceability of food safety in their respective localities in accordance with the provisions of law.

d) Handling unsafe food under the guidance of specialized management agencies and law provisions.

đ) Managing regulation conformity certification and announcement activities and grant written certifications of advertisement contents on quality and safety of agricultural products under their respective management in accordance with the provisions of law.

e) Managing the testing and provision of public services in terms of quality and safety of agricultural, forest and aquatic products in accordance with the provisions of law.

11. Organizing agricultural extension activities in accordance with the provisions of law.

12. Developing and guiding the implementation of measures to protect the environment in agricultural, forestry and fishery production and rural development in the locality; guiding and inspecting the performance of the responsibilities of preserving and sustainably developing bio-diversity in agriculture, forestry and fisheries in accordance with the provisions of law.

13. Organizing and take responsibility for inspection, registration, granting and withdrawing of licenses, certificates and professional practice certificates under the management of the Department in accordance with the provisions of law, authorized by the People's Committee and guided by the Ministry of Agriculture and Rural Development.

14. Building a system of information and archives on agriculture, forestry, fisheries, irrigation and rural development; organizing the statistical work on the evolution of agricultural land, forestry land, forest developments, water surface for aquaculture and statistical activities in service of management requirements in accordance with the provisions of law.

15. Performing the responsibility of managing specialized construction investment in accordance with the provisions of law; guiding, inspect, supervising and evaluating the implementation of projects and develop models of agriculture, forestry, fisheries, irrigation and rural development in the province; take responsibility for the implementation of assigned programs and projects.

16. Carrying out international cooperation in the domains under its management and as assigned or authorized by the People's Committee and the provisions of law.

17. Guiding and inspecting the implementation of the mechanism of autonomy and self-responsibility of public non-business units under the Department and public non-business units operating in the fields of agriculture, forestry and fishery production, irrigation, rural development, natural disaster prevention and control, quality of food safety for agricultural, forestry and fishery products of the province in accordance with the provisions of law; is responsible for public services organized by the Department.

18. Assisting the People's Committee in the state management of enterprises, collective economic organizations, private enterprises, associations and non-governmental organizations in the fields of agriculture, forestry and fishery. production, irrigation and rural development in accordance with the law.

19. Exercising the rights, responsibilities and obligations of the state owners according to the assignment and decentralization of the People's Committee with regard to one-member limited liability companies owned by the state is invested in other enterprises in accordance with the provisions of law.

20. Professionally guiding for the Department of Agriculture and Rural Development under the District-level People's Committee, Economic Division under the People's Committee of the city and professional titles of the People's Committee of communes and wards, and townships, and inspect the implementation of regulations on management, coordination of work and information and reporting regime of organizations attached to the Department of Agriculture and Rural Development and the district-level People's Committee; technical staff in the commune with the commune, ward and township People's Committee.

21. Organizing the research and application of scientific and technological advances to production in the agriculture and rural development sector in the province.

22. Inspecting, examining and settling complaints and denunciations; Anti-corruption; practicing thrift and combat wastefulness and handle violations of the law on agriculture, forestry, fisheries, irrigation, rural development, natural disaster prevention and combat, food safety quality for agricultural products, forest products and aquatic products within the scope of management according to the provisions of law or the authorization of the People's Committee.

23. Performing the responsibilities of the standing agencies in the field of natural disaster prevention and fighting; forest protection and development; building new rural areas; clean water and rural environmental sanitation; manage the trading of endangered precious and rare wild fauna and flora species; disease prevention and control in agriculture, forestry and fishery in the province.

24. Directing and organizing the implementation of the administrative reform program in the areas under the state management of the Department after the approval of the People's Committee.

25. Specifying the functions, tasks, powers and working relationships of offices, professional bureaus and public non-business units under the Department in conformity with their functions, responsibilities and powers under the general guidance of the Ministry of Agriculture and Rural Development and the regulations of the People's Committee.

26. Managing the apparatus, the payroll of civil servants, the structure of civil servants' ranks, the positions of employment and the structure of civil servants according to their professional titles and the number of people working in public non-business units; implementing the wage regime and policies, treatment regimes, training, fostering, commendation and disciplining of public servants, employees and laborers under its management in accordance with the provisions of law and in accordance with the assignment or authorization of the People's Committee; organizing the training and fostering of cadres, civil servants, officials and non-specialized officials of communes, wards and townships in the management of agriculture; forestry; seafood; irrigation; rural development; natural disaster prevention and control; the quality of food safety for agricultural products, forest products and aquatic products shall comply with the regulations of the Ministry of Agriculture and Rural Development and the People's Committee.

27. Managing and take responsibility for the assigned finance and assets according to the provisions of law, as assigned or authorized by the People's Committee.

28. Conducting periodical or extraordinary reports on the performance of assigned tasks according to the regulations of the People's Committee and the Ministry of Agriculture and Rural Development.

29. Pperforming other responsibilities assigned by the People's Committee, the Chairman of the People's Committee and in accordance with the law.

Article 3. Organizational structure

1. Leaders of the Department:

a) The Department of Agriculture and Rural Development shall have a director and not more than 3 deputy directors.

b) The Director of the Department is the head of the Department, responsible to the Provincial People's Committee, the Chairman of the Provincial People's Committee and the law for the performance of functions, responsibilities and powers of the Department and the work to be done. The People's Committee, the Chairman of the People's Committee shall assign or authorize; report on their work to the People's Council, the People's Committee and the Ministry of Agriculture and Rural Development when so requested. Providing necessary documents at the request of the People's Council; responding to the voters' proposals, questions of the deputies of the People's Council on matters within the branch or domain under their management; coordinating with other directors of the Department, heads of socio-political organizations and concerned agencies in performing the Department's responsibilities;

c) The deputy directors of the Department are the persons who assist the director in taking charge of a number of working, take responsibility before the director and law for the assigned tasks. When the Director of the Department is absent, a Deputy Director of the Department is authorized by the Director of the Department to operate the department.

d) The People's Committee appoin,t re-appoint, dismiss, transfer, rotate, commendate, discipline, resign, retire and implement of regimes and policies towards the director or deputy director of the Department. The People's Committee shall make decisions according to the state regulations on the work of cadres and titles of the Minister of Agriculture and Rural Development and the provisions of law.

2. Organizational structure:

a) General and professional advisory organizations:

- Department Office;

- Department Inspectorate;

- Financial & Planning Division;

- Organization Division;

- Fisheries Division;

- Construction Management Division.

b) Sub-departments of the Department:

- Planting and Plant Protection Sub-Department;

- Animal Husbandry and Veterinary Sub-Department;

- Forest Protection Sub-Department;

- Irrigation Sub-Department;

- Rural Development Sub-Department;

- Agriculture, Forestry and Fisheries Quality Assurance Sub-department.

c / Affiliated non-business organizations:

- Agriculture Extension Center;

- Center for Clean Water and Environmental Sanitation;

The establishment, reorganization and dissolution of other public non-business units under the Department of Agriculture and Rural Development shall comply with the provisions of law.

Article 4. Cadres, civil servants and the number of employees

The civil servants and the number of employees of the Department of Agriculture and Rural Development are assigned by the People's Committee according to the annual plan. Pursuant to the State's current regulations on the management of public servants and public employees, the Department of Agriculture and Rural Development shall annually formulate job positions and the structure of public employees and submit them to the People's Committee. The province shall approve and decide on the payroll of public servants and employees to ensure that the payroll of public servants and employees according to their employment positions is in order to perform their assigned functions and responsibilities.

Article 5. Effectiveness

The decision takes effect after 10 (ten) days since signing date. The previous regulations which are contrary to this Decision are now annulled. 

Chief of Office of People's Committee, Director of Department of Agriculture and Rural Development, Director of Department of Home Affairs; head of the concerned units shall have to implement this Decision.