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Decision 23/2008/qd-Bnn: Functions, Tasks, Powers And Organizational Structure Of The Department Of Mining And Protection Of Aquatic Resources

Original Language Title: Quyết định 23/2008/QĐ-BNN: Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Cục Khai thác và Bảo vệ nguồn lợi thủy sản

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DECISION functions, tasks, powers and structure of the mining Bureau and protect aquatic resources _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the MINISTER of AGRICULTURE and RURAL DEVELOPMENT, pursuant to Decree No. 01/2008/ND-CP dated 9 January 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;
The base article 19 of Decree 178/2007/ND-CP dated 3 December 2007 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies;
Proposal of the Director of the Organization Department, DECIDES: 1. The position and function of mining Bureau and protection of fisheries resources is the Agency directly under the Ministry of agriculture and rural development, made chief functions help the Secretary of State management majors and execute the task state management in the field of mining, the aquatic resources protection , fish and ship management services fisheries exploitation activities in the scope of management of the State.
International transaction name by You: tiềng Department of Capture Fisheries and Fisheries Resources Protection, abbreviated as DECAFIREP.
Department of exploitation and protection of fisheries resources has legal personality, have accounts and seal, has the funding of activities under the provisions of the law.
Agency's headquarters located in the city of Hanoi and the permanent division in the South.
Article 2. Duties and powers 1. Process of The draft law project, project Ordinance, draft legal text specialization according to the program, plans to build the Ministry's annual law and the projects, projects as assigned by the Minister. The Minister of the draft decisions, directives and other documents under the direction of the Secretary of administration.
2. The Ministry of planning, strategy, long term development plans, annual and five year; the strategy, regional planning, regional ventures, federal and other programs, projects, important work in specialized, field Manager of the Department as assigned by the Minister.
3. The text of individual and professional guide service on the majors, the field was entrusted to manage. Notice the blueprint programme, project, project by The management for each local unit, after The approval of the master plan of the field in the scope of management of the Agency. 4. The Ministry announced the strategy, planning, development plans and the Organization steer, guide and check the implementation of the legal text, strategy, planning, plan, program, project, projects, technical regulation, standards, processes, rules, technical-economic norms specialization has been approved; directing and organizing the implementation of advocacy, dissemination, specialized legislation education in the scope of management of the Agency. 5. About exploitation of fisheries: a) The set of mechanisms, the development of exploitation of fisheries; the mechanism of investment, construction of communication systems, school Mermaid forecasting, logistics services, organizational forms of production and occupational conversion policy exploited coastal to offshore mining or other industries; management, school Mermaid community based extraction for the coastal region; encourage the development of fisheries exploitation in the off-shore waters and the fisheries exploiting cooperation in the waters of other countries and international waters; solutions to improve the efficiency of exploitation of fisheries;
b) recommendations The survey project the fisheries resources at the each waters, inland waters and fishing grounds. Presiding Director vàchỉ evaluation done after approval;
c) process of The fishing grounds, the publication Department of fisheries exploitation, determine the output harness allows for every year in every region of the sea, fisheries; partitions divide the sea, the exploitation of fisheries; assigned, active management of decentralized exploitation of fisheries;
d) Regulation sequence, procedure, decentralized authorities, revoked the license of exploitation of fisheries; issued sample, management mode and the log content exploitation of fisheries; contents, modes of exploitation of fisheries report; regulating the marked boat and fishing tools are used in the Minister's authorization;
DD) organization registration, license the exploitation of fisheries for organizations, individuals in the central ministries, the armed forces doing fisheries economy. Lýtàu management of foreign fishing operations in the waters of Vietnam and South Vịêt fishing vessel operations in foreign waters in accordance with the law;
e) chaired the evaluation of projects in cooperation with foreign countries, technical training and technology transfer regarding the exploitation of fisheries, foreign fishing vessel and the rental agreement of the Organization, individuals with Vietnam;
g) Organization directs, guides, tests, monitoring implementation of programmes, projects, planning, plans to exploit the fishery of the province, central cities; measures to ensure product safety harness on the fishing vessel; the team, the team exploited the seafood on the seas; the organization built the mining management and protection of fisheries resources have the participation of the community;
h) Guide to the local construction management qủan regulation of fisheries exploitation in coastal routes, rivers, lakes, marshes, lagoons, natural waters; about registration and license the exploitation of aquatic resources for organizations and individuals in local authority management hierarchy;
I) recommending and directing the implementation of projects addressing the risks of ships, boats and fishermen fisheries exploitation related to the countries in the area neighbouring waters with Vietnam waters; projects, solutions to prevent, minimize accidents at sea. Join the rescue people, fishing vessel and other property, accident, incident, disaster in operation harvesting on the seas. Clues to track, aggregate reports of activities and boat fishing on the waters periodically and irregularly according to the regulations.
6. For the conservation, protection and development of aquatic resources: a) The set of mechanisms, the policy on the protection and development of aquatic resources; solutions to improve the effectiveness and resources protection of the aquatic environment in the scope of management of the Department;
b) issued the list of aquatic species banned all mining term extraction; regional exploitation and mining areas has a time limit; aquatic species need conservation, regeneration and development; rate rules, categories, the minimum size of the species fishery is allowed to exploit; the methods, types of mesh size, craft and fisheries exploitation. According to the Minister's authorization to build the list of aquatic species, endangered species, and rare; directing solutions to improve the efficiency of exploitation of fisheries;
c) process of The regulations on the classification of species conservation, born of the scene; natural resource reserves aquatic; about the decentralized management of marine protected areas, inland waters conservation and protected area management regulations of importance to international and national regulations;
d) building, the suite of programs and projects for the conservation, protection, regeneration and development of fisheries resources; the direction taken after approval;
DD) chaired the evaluation international cooperation projects of investigation, exploration of fisheries resources; implementation of international commitments of Vietnam for the conservation, protection and development of aquatic resources;
e) construction regulations guidelines management of marine protected areas, local conservation be decentralized to local management; directs the implementation of the program, projects on the protection and development of aquatic resources of the province, central cities;
g) organize the management of marine protected areas, conservation of inland waters of national importance, international as assigned by the Minister.
7. fishing vessel management and logistics base, fishing services: a) The policy to encourage and support the development investment Board fish, seafood market clues match industry development strategy and the strategy of exploiting off-shore fishery;
b) Process The national technical regulation on quality, technical safety and protect the environment of the fishing vessel; the model regulation on the management of fishing port, fishing pier, the moored fishing vessel's storm flow, stay on the train for the fish, the fisheries market clues; technical regulation of the fishing port, moored fishing vessel's storm and resident aquatic clue; the close technical regulation, the fishing vessel, safety equipment manufacturing and mining equipment installation, use on the fishing vessel; standard of quality fishing port, dock and anchor fish stay, avoid the storm for the fishing vessel;
c) promulgation of rules, processes, technical norms, close this page, fishing vessel safety equipment manufacturing and mining equipment installation, use on the fishing vessel; legal processes, technical safety checks (registry) for fishing vessel and safety equipment and fisheries mining mechanical installation, use on the fishing vessel; the system forms, register, registration papers, fishing vessel and fishing vessel crews registered under the authorization of the Minister;
d) process of the program, projects on safety for people and fish boats, new construction projects, renovations to upgrade the port of fish, fish Pier, mooring area, avoiding the storms and the repair base, new fishing vessel under the planning and steering perform after being approved by the Ministry;
DD) issued the conditions, procedures, authorities, revoked the license of fisheries activities for the foreign fishing vessel operating in the waters of Vietnam under the authorization of the Minister;
e) licensing, approval of ship design, shipbuilding fish fishing vessel convert and perform the check post, registered fishing vessel, boatmen fishing vessel registration under the provisions of the law. Instructions, check the work register, registered fishing vessel, registered fishing vessel crews and the implementation regulations fisheries market clues for the decentralized according to local law and regulation;
g) instructions, check the work register, registered fishing vessel, registered fishing vessel crewing; Browse design profile and convert to reform fishing vessel; technical safety inspection of the equipment require strict on safety in the fisheries sector under the provisions of the law; implementing regulations and the fish Pier, fishing port anchor to avoid storm fishing vessel to stay under the provisions of the law; professional technical safety check fishing port, and the fish Pier moored avoid stay storm;

h) Guide to career service technical safety check fishing vessel (register), anchoring, fishing port stay, avoid the storm; statistical reports and fishing vessel accident investigation; synthesis and fishing vessel accident reports periodically, and year unexpectedly. Instructions, supply system form, register, registration papers, fishing vessel registration and fishing vessel crewing; listing of fishing port, fishing pier, mooring areas to avoid, stay in the storm water and of the countries in the Organization, the individual involved.
8. Monitoring of the natural environment on fisheries (except the environment aquaculture) and proposals and directing implementation of the solutions, the measures on the protection of the environment.
9. the proposed process of The directory of the program, the project on specialized areas of exploitation and protection of fisheries resources. Chairing the appraisal and the task owner programs, projects of the Ministry delegated to the Bureau. 10. Organizing and directing the work of investigation, statistics and database management of the exploitation and protection of fisheries resources according to the regulations.
11. Science and technology: a) proposals, the Ministry program, planning, scientific research, applied technologies, specialized techniques;
b) presiding over the outline, evaluation research; order for organizations and individuals; collecting, managing and directing the deployment of research results, application engineering, technological advances in the management of the range;
c) management information science technology majors;
d) join the draft national standards, national technical regulation in the scope of the State management as assigned by the Minister.
12. Directs the implementation of fishing activity in the specialized areas of exploitation, protection and development of aquatic resources; the basis of logistics and logistics services fishing; ensure safety for people and fishing vessel as assigned by the Minister.
13. Attend trade promotion activities of specialized exploitation of fisheries, close this page fishing vessel and logistics activities in other fisheries.
14. international cooperation: a) building, the suite of programs, international cooperation projects on specialization, the field in the scope of management of the Department;
b) organizing international cooperation, programmes, projects funded under the international hierarchy of Ministers.
15. Regarding administrative reform: a) the construction and implementation of the plan to reform the administration of the plan and the direction of the Minister;
b) of your direction, systemize and proposals, build institutional system, sectoral legislation, in the field of the management scope;
c) complete steering functions, duties and powers of the institutions directly under the direction of the Bureau assigned, decentralized; the Ministry allocated the task of governance of the sector, the field for the local government;
d) directs the implementation of the regulation on mode of self-reliance is responsible for performing the tasks, organization, staffing, financial and administrative reforms, working methods, innovations and modernization work, the application of information technology in service of the Directorate of operations. 16. About state management in the implementation of public service in the industry, the field of the management of the Bureau: a) The set of mechanisms, policies, technical standards on the provision of public services; about performs socialization of public service provision activities in the industry, field;
b) issued a technical-economic norms, the duration of the provision of the public service in the industry, field;
c) Guide, test and support for the implementation of public service in the field of industry, in accordance with the law;
17. State management for the operation of non-governmental organizations in the industry, according to the Bureau's management areas assigned by the Minister: a) to guide and facilitate non-governmental organizations involved in activities in the field of industry, in the scope of management of the Department; held opinions and receiving the proposals, the review of the non-governmental organizations, to improve the management of State regulation of the industry, the field;
b) petitioning the processing violates the law of associations, non-governmental organizations active in the field, the field.
18. About the Organization, staffing and public servants: a) draft functions, tasks, powers and organizational structure of the Department;
the proposal established, reorganized the institutions subordinated to the Bureau;
b) decided to set up the task force of the Department; specific provisions on the duties of autonomy, Charter and organization of activities for the Organization in the Department of State career as a rule;
c) process of The staffing plan of the Bureau; the decision to allocate administrative payroll for the agencies in the Department;
d) decided the election of officers, servants, employees, work study abroad according to the decentralized management of the Department's officers;
DD) regulating the authority and responsibilities of the head of the Organization Department of the Directorate;
e) decisions and implement specific measures to strengthen discipline, administrative discipline; implementation, against corruption, against waste and bureaucracy, bossy, authoritarianism in the units of the Department;
g) oversee the organization recruit, use, operation, transfer, retirement, compensation, salary mode and other modes for public servants in the scope of management of the Department under the provisions of the law, the hierarchy of the Ministry; training, professional training, professional specialization as assigned by the Minister;
h) benchmarks, professional standards, professional public servants their turnover in the industry, the field according to the assignment of the Minister;
I) reports made about the work of the Organization and staffing officers, according to the regulations.
19. Regarding the inspection, check: a) instructions and check the implementation of policies and legislation in the fields of industry, the scope of management of the Department as specified;
b) solve or resolve complaints, accusations, petitions of citizens, organizations related to the industry, the field of the management of the Department; the citizens organization in accordance with the law;
c) inspection, checking the implementation of decentralized management on the industry in the scope field, Manager of the Bureau of inspection specialist exploitation and protection of fisheries resources and handle breach as defined by law;
d) manage the outfit, badges, insignia, signs, flags, inspectors and media card, specialized equipment, support equipment for specialized inspectors protect aquatic resources under the rules.
20. Regarding financial management, assets: a) The Ministry annual budget estimates and medium-term budget plans of the Department;
b) is responsible for paying the funds managed directly by the Bureau; manage and take responsibility for the property of the State was entrusted to the Department according to the hierarchy of Ministers and regulated by law.
21. the permanent missions fishing cooperation Committee between Vietnam and countries; Permanent Development Center Southeast Asian Fisheries in Vietnam (SEAFDEC); permanent flooding prevention and search and rescue specialist fisheries; renewable resources Fund permanent fisheries Vietnam.
22. Perform other duties as prescribed by law and assigned, the Minister's hierarchy.
Article 3. Organizational structure 1. Local leaders: leadership the Bureau Chief and has Deputy by the Minister of agriculture and rural development appointed, dismissed as a rule.
Director of operations, responsible to the Minister of agriculture and rural development and the law on the activities of the Department. Deputy Bureau Chief to help track, directing some of the tasks as assigned by the Director General and responsible to the Chief of mission is assigned.
2. Management: a) the exploitation of fisheries management;
b) resources management and the aquatic environment;
c) fishing vessel management and fishing facilities.
d) planning, finance;
DD) international cooperation;
e) Inspector of the Bureau;
g) Office;
h) permanent division in the South.
3. Agencies, subdivisions: a) The mining Agency and fisheries resources Protection Department;
b) business units.
Director of exploitation and protection of fisheries resources building, the Ministry approved the project of organizing bodies, subdivisions, not Ministers. While the Bureau issued a new decision, the existing institutions subordinated to the Department operating under current rules.
Director of exploitation and protection of fisheries resources regulated functions, the task of management and appointment of staff under the management of the personnel divisions of the Ministry; work regulations issued by the Department. 4. Enforceable decisions in effect after fifteen days from the date The report. Annuls decision No 8/2003/QĐ-BTS on 05/8/2003 of the Minister of fisheries regulation functions, tasks, powers and organization of the Department of mining and protection of fisheries resources.
Article 5. Responsibility Director of exploitation and protection of aquatic resources, Chief of the Department, the Director, the Bureau Chief, Chief Inspector and head of the Agency, the relevant units responsible for the implementation of this decision.