THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 01/2008/ND-CP
Hanoi, January 03, 2008

 

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 the Government’s Decree No.178/2007/ND dated December 3, 2007, defining the function, tasks, powers and organizational structure of ministries and ministerial-level agencies;

At the proposal of the Minister of Agriculture and Rural Development and the Minister of Home Affairs,

DECREES:

Article 1. -Position and functions

The Ministry of Agriculture and Rural Development is a governmental agency which performs the function of state management in the domains of agriculture, forestry, salt-making, fisheries, irrigation and rural development throughout the country and performs the state management of public services in the domains falling within its management scope.

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Article 2. -Tasks and powers

The Ministry of Agriculture and Rural Development shall perform the tasks and exercise the powers prescribed in the Government’s Decree No. 178/2007/ND-CP dated December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, as well as the following specific tasks and powers:

1. To submit to the Government draft laws and resolutions of the National Assembly, draft ordinances and resolutions of the National Assembly Standing Committee, and draft resolutions and decrees of the Government according to its approved annual legislative programs and projects and schemes as assigned by the Government or the Prime Minister.

2. To submit to the Government long-term, five-year and annual development strategies, plannings and plans; strategies and plannings on key regions, inter-regional and inter-provincial areas and important national projects and works in the domains of agriculture, forestry, fisheries, salt-making, irrigation and rural development throughout the country; and draft decisions and directives falling within the Prime Minister's promulgating competence.

3. To promulgate decisions, directives, circulars, standards, regulations, processes and economic-technical norms in the domains falling within the scope of its state management in accordance with law; to guide and inspect the implementation of these documents.

4. To direct, guide, examine and take responsibility for the implementation of legal documents, strategies, plannings and plans falling within the scope of its state management after they are approved; to conduct law dissemination and education in the domains under its state management.

5. Regarding agricultural (cultivation, husbandry):

a) To direct and guide the implementation of mechanisms and policies on agricultural development after they are decided by competent authorities;

b) To direct and guide the use of budgets for programs on preventing, controlling, and remedying consequences of, animal and plant epidemics; to establish national steering committees for prevention and control of animal epidemics and declare epidemics upon occurrence of dangerous contagious animal diseases which are transmittable to humans; to provide for animal and plant quarantine regimes and standards, certificates of and conditions on disposal of and trading in plant protection drugs and veterinary drugs, and the destruction or return of these drugs to their places of origin under competent authorities' decisions;

c) To publicize and direct, guide, inspect, evaluate and synthesize reports on the implementation of approved strategies, plannings and plans on agricultural development nationwide;

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d) To direct the structure of plant varieties and animal breeds; to guide farming, husbandry, harvesting and preservation techniques and organize the final review and assessment of the implementation of annual cultivation and husbandry plans;

e) To direct the elaboration and inspect the implementation of plannings on development of consolidated farming and husbandry areas and areas for production of safe agricultural products, plans on use, protection and improvement of agricultural soil fertility and plans on prevention of soil erosion, desertization and landslides;

f) To publicize lists of, and grant permits for exploitation and use of, plant and animal gene sources and exchange of rare and precious plant and animal gene sources; to promulgate a list of main plants, a list of plant varieties and a list of animal breeds permitted for production and trading, a list of rare and precious plant varieties and animal breeds which need to be conserved, and a list of plant varieties and animal breeds banned from export or permitted for exchange with foreign countries; to permit the import of plant varieties and animal breeds outside the list of those permitted for production or trading; to promulgate national technical regulation on seed grades, processes of propagation and revigoration of super pure seeds, processes of production of varieties of industrial plants, fruit trees, ornamental trees and other trees;

g) To promulgate regulations and processes on the assay, selection and creation of new plant varieties and animal breeds; to decide on the recognition, grant or cancellation of their protection titles; the processes of production of plant varieties and animal breeds subject to application of, and certification of quality conformity with, national technical regulation;

h) To provide for the management, production, trading and use of fertilizers; to provide for the testing and recognition of new fertilizers; to publicize a list of fertilizers subject to announcement of quality standards; and to promulgate national technical regulations on fertilizers;

i) To provide for the management, production, trading and use of livestock feed; to provide for the testing of animal feed and raw materials for production of animal feed; to publicize a list of animal feed and raw materials of animal origin which are used for production of animal feed;

j) To guide the import and export of plant varieties animal, breeds, fertilizers and animal feed;

k) Regarding plant protection:

To forecast about the situation of harmful organisms; to declare the occurrence of harmful organism epidemics in two or more provinces and report such to the Prime Minister; to guide, direct and decide on measures to stamp out epidemics and cancel epidemic-declaration decisions;

To publicize a list of categories of entities liable to plant quarantine and a list of objects of plant quarantine;

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To guide and inspect the implementation of approved regulations on plant quarantine regimes and standards applicable to objects of plant quarantine which are imported, exported, temporarily imported for re-export, temporarily exported for re-import or in transit; to provide for certificates of and conditions on disposal of plant quarantine objects; to provide for certificates of and conditions on trading in plant protection drugs; to decide on plant protection drugs which must be destroyed or returned to their places of origin;

To provide for the assay and registration for circulation of new plant protection drugs and grant assay permits and registration certificates to plant protection drugs; to publicize lists of plant protection drugs permitted for use, restricted or banned from use in Vietnam. To grant permits for the import of plant protection drugs outside the list of those permitted for use;

To provide for uniforms and cards of quarantine workers and forms of plant quarantine papers;

To guide the import and export of plant protection drugs, raw materials for production of plant protection drugs and living or organisms in the domain of plant protection; to provide for imported goods subject to plant quarantine.

l/ Regarding the health of domestic animals (including aquatic animals):

To elaborate, and direct the implementation of strategies, plannings and plans on prevention and combat of animal diseases nationwide;

To provide for conditions and procedures for recognition and direct the building of animal disease-free regions and establishments throughout the country. To promulgate a list of animal diseases of which epidemics must be declared, a list of dangerous animal diseases and a list of diseases subject to compulsory preventive measures;

To forecast about the situation of animal diseases; to decide on declaration of epidemics and epidemic areas covering two or more provinces, epidemic-threatened areas, buffer areas and compulsory preventive measures applicable to animals; the disposal of diseased animals and products thereof, sterilization and disinfection. To declare the end of epidemics and cancel decisions on announcement of epidemic areas, epidemic-threatened areas and buffer areas;

To direct and inspect the implementation of approved national programs on control and elimination of animal epidemics;

 

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