Decision 479/QD-BNN-TCCB 2023 organizational structure of Department of Dike Management and Disaster Prevention & Mitigation

DECISION

On defining the functions, tasks, powers and organizational structure of the Department of Dike Management and Disaster Prevention & Mitigation

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THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 105/2022/ND-CP dated December 22, 2022 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 123/2016/ND-CP dated September 01, 2016 of the Government on defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies; Decree No. 101/2020/ND-CP dated August 28, 2020 of the Government amending and supplementing a number of articles of Decree No. 123/2016/ND-CP;

Pursuant to Decree No. 158/2018/ND-CP dated November 22, 2018 of the Government on providing the establishment, reorganization and dissolution of administrative organizations;

Considering the recommendations of the Director General of the Vietnam Disaster Management Authority in Submittal No. 09/TTr-PCTT dated January 31, 2023;

At the proposal of the Director of the Department of Organization and Personnel,

HEREBY DECIDES:

Article 1. Position and functions

1. The Department of Dike Management and Disaster Prevention & Mitigation is an organization under the Ministry of Agriculture and Rural Development, which is formed by reorganizing and rationalizing the Vietnam Disaster Management Authority. The Department of Dike Management and Disaster Prevention & Mitigation is tasked with advising and assisting the Minister of Agriculture and Rural Development in performing State governance and enforcement of law provisions on dikes and natural disaster prevention and mitigation nationwide.

2. The Department of Dike Management and Disaster Prevention & Mitigation has its legal status, its own seal and account, and operating expenses as specified by the law.

3. The Department is headquartered in Hanoi.

Article 2. Tasks and powers

1. Submit to the Minister of Agriculture and Rural Development the following for further submission thereof to the Government and Prime Minister:

a) Bills, draft resolutions of the National Assembly, draft ordinances, draft resolutions of the Standing Committee of the National Assembly; draft decrees and resolutions of the Government; draft decisions and directives of the Prime Minister and other legal documents in relation to dike management and natural disaster prevention and mitigation;

b) Long-term, medium-term and annual development strategies, master plans, plans, mechanisms, policies and important national programs, projects, schemes and works on dike management and natural disaster prevention and mitigation.

2. Formulate national technical regulations, standards and economic - technical norms; national standards on management of specializations and fields within the Department’s scope of State governance assigned by the Minister and specified by the law; guide and inspect the implementation thereof after they are promulgated by competent authorities.

3. Promulgate specialized documents and professional guidance within the Department’s scope of management.

4. Guide, inspect and organize the implementation of legal documents, mechanisms, policies, strategies, master plans, plans, programs, projects, schemes; organize the communication, dissemination and education of law provisions regarding the fields within the Department’s scope of management.

5. In terms of natural disaster risk management:

a) Submit to the Minister the national strategies for natural disaster prevention and mitigation; national plans for disaster prevention and mitigation; plans for natural disaster prevention and mitigation and solutions for natural disaster response of the Ministry of Agriculture and Rural Development; plans to ensure resources and operating conditions for agencies, units and forces engaged in natural disaster prevention and mitigation within the scope of their management as specified by the regulations;

b) Regarding planning and basic investigation

Propose a list of dike development and natural disaster prevention and mitigation master plans and basic investigation plans;

Perform planning tasks; manage and organize the implementation of the tasks of planning and basic investigation of dikes and natural disaster prevention and mitigation as specified by the regulations; assume the prime responsibility for formulating, reviewing and adjusting contents related to natural disasters in natural disaster prevention and mitigation master plans and irrigation master plans;

Perform State governance tasks in relation to the planning of prevention and mitigation of flood on rivers with dikes, the planning of dike maintenance; contents related to natural disasters in natural disaster prevention and mitigation master plans and irrigation master plans, the planning of residential areas and the organization of production to adapt to natural disasters. Basic investigation on dikes and natural disaster prevention and mitigation;

c) Guide and inspect the formulation, approval and implementation of natural disaster prevention and mitigation plans at all levels in accordance with the law and as assigned by the Minister;

d) Guide and inspect the implementation of legal provisions on mechanisms, policies, human resources, supplies, means, equipment, information systems, necessities, and resources for natural disaster prevention and mitigation; monitor and supervise activities related to works and measures to prevent and mitigate natural disasters; natural disaster prevention and mitigation of domestic and international organizations and individuals in Vietnam;

dd) Guide and inspect the implementation of regulations on natural disaster prevention and mitigation in the construction and protection of works for the purpose of natural disaster prevention and mitigation or works in combination with natural disaster prevention and mitigation; guide and inspect the contents to ensure the requirements of natural disaster prevention and mitigation for the management, operation and use of the works and invest in construction, renovation and embellishment of urban areas, tourist spots and tourism zones, industrial parks, rural residential areas, natural disaster prevention works, traffic, electricity and other technical facilities as specified by the law and as assigned by the Minister;

e) Monitor, analyze and assess the damage caused by natural disasters that threaten to affect Vietnam in accordance with the law;

g) Implement the national strategies on natural disaster prevention and mitigation; national plans for disaster prevention and mitigation, and plans for natural disaster prevention and mitigation and solutions for natural disaster response of the Ministry of Agriculture and Rural Development within the Department’s scope of management;

h) Invest in, upgrade and manage monitoring, observation and supervision facilities and systems and specialized equipment for natural disaster prevention and mitigation within the scope of tasks as assigned and decentralized by the Minister;

i) Ready human resources, materials, means, equipment, information systems, necessities and resources for natural disaster prevention and mitigation within the Department's scope of management;

k) Guide the implementation of safety criteria for natural disaster prevention and mitigation in building new-style rural areas; direct and guide the construction, consolidation and improvement of operational efficiency of commune-level disaster prevention and mitigation forces and people's dike management forces;

l) Formulate and implement the integrated plans for management of flood in river basins; plans to prevent and mitigate strong and super storms; flash floods and landslides, riverbank erosion caused by rain, flood or flows, coastal erosion; formulate response plans to breakdowns of dikes, reservoirs and dams, forest fires, storms, low pressures, floods, flash floods, landslides and other types of natural disasters, as assigned by the Minister;

m) Formulate response plans to natural disasters, strong and super storms; emergency response plans in case of floods exceeding the design frequency;

n) Advise and assist the Ministry in performing the task of presiding over and coordinating with relevant ministries, sectors and localities in building, operating and organizing the transmission and broadcasting of tsunami warnings on the warning system.

6. Regarding disaster response:

a) Submit to the Minister for decision on announcing natural emergencies impacting works and infrastructures under the Ministry's scope of management as well as measures to be applied in natural emergencies as specified by the law; measures to mobilize resources, supplies and means for natural disaster prevention and mitigation and organize the implementation thereof after they are approved;

b) Advise and assist the Minister in directing and leading the response to natural disasters in accordance with the law;

c) Guide and inspect the implementation of regulations on emergencies requiring flood diversion and flood delay, measures to evacuate people, subsidize and ensure people's life and safety;

d) Perform State governance tasks of handling riverbank and coastal erosion; border rivers and streams and other natural disaster prevention and mitigation works as prescribed by the law;

dd) Monitor and update forecasts, warnings and situations of natural disasters; conduct specialized monitoring and supervision; respond to climate change and sea level rise within the Department’s scope of management.

7. Regarding disaster relief:

a) Submit to the Minister the measures to overcome consequences of natural disasters, propose emergency relief and medium- and long-term support; make general reports and publish data on damage caused by natural disasters nationwide;

b) Advise and assist the Minister in directing and directing the work of overcoming consequences of natural disasters in accordance with the law;

c) Guide and inspect the aggregation, assessment and statistics of damage caused by natural disasters and disaster remedial activities as specified by the regulations;

d) Guide, inspect and supervise post-disaster recovery and reconstruction in accordance with the law and international treaties to which Vietnam is a signatory.

8. Regarding communication and community-based disaster management:

a) Organize information, communication and education to raise public awareness about dikes and natural disaster prevention and mitigation; formulate and implement programs, projects and schemes on public awareness raising and community-based disaster management;

b) Organize and participate in training, mentoring and practice of natural disaster prevention and mitigation skills; provide professional training and refresher for people in charge of natural disaster prevention and mitigation;

c) Guide and inspect the information, communication and education on natural disaster prevention and mitigation in accordance with the law and as assigned by the Minister.

9. Regarding dike management:

a) Submit to the Minister for regulations on dike classification, design water level for dike routes, permissible load and licensing of motor vehicles traveling on dikes; written approval of granting permits for activities in relation to dikes of special grade, grade I, grade II and grade III; the construction and renovation of traffic works related to dikes as specified by the law; agreement on dike projects; appraise investment projects using riverbanks where there are no construction works; protect dikes and mobilize forces, materials and means to protect dikes and overcome consequences caused by floods and storms on dikes in accordance with the law;

b) Perform State governance tasks of investing in construction, renovation, upgrading, maintenance, solidification, protection and use of dikes and dike embankment in accordance with the law and as assigned by the Minister.

10. Perform the task of managing investment projects for construction, renovation and protection of natural disaster prevention and mitigation works and other works serving natural disaster prevention and mitigation within the Department's scope of management in accordance with the law and as assigned and decentralized by the Minister. Perform the tasks as a specialized construction agency regarding construction investment projects to build dikes and natural disaster prevention and mitigation works in line with the assignment, decentralization and authorization of the Minister and the law. Propose programs and projects, and coordinate in formulating medium-term and annual public investment plans of the Ministry in the fields within the Department's scope of management.

11. Perform statistical work; build, manage and exploit the database on dikes and natural disaster prevention and mitigation within the Department's scope of management.

12. Carry out digital transformation in the field of dike management and natural disaster prevention and mitigation within the Department's scope of management.

13. Organize and coordinate in carrying out scientific research, transferring technology, protecting the environment, adapting to climate change in the field of dike management and natural disaster prevention and mitigation as assigned and decentralized by the Minister.

14. Regarding international cooperation:

a) Submit to the Minister about the appeal, mobilization, receipt, management and coordination of international support for natural disaster prevention and mitigation within the tasks of the Ministry as specified by the regulations;

b) Receive forecasts, warnings and information related to natural disasters from international agencies and organizations; provide information on domestic natural disasters to international agencies and organizations in accordance with the law;

c) Organize the mobilization, management and implementation of foreign-aided programs, schemes and projects and international cooperation activities related to dike management and natural disaster prevention and mitigation in accordance with the law and as assigned and decentralized by the Minister;

d) Act as the point of contact for cooperation between ASEAN, APEC, ADRC, Typhoon Committee, and Delta Coalition in the field of natural disaster prevention and mitigation; the point of contact for cooperation on the United Nations Framework for Disaster Risk Reduction; concurrently serve as the Partner Office of Disaster Risk Reduction; perform other tasks on international cooperation related to dike management and natural disaster prevention and mitigation according to the law and as assigned and decentralized by the Minister.

15. Assist the Minister in performing the duties of the standing member of the National Steering Committee for Natural Disaster Prevention and Control, serve as the body managing the Central Disaster Prevention and Control Fund; concurrently serve as the Standing Office of the National Steering Committee for Natural Disaster Prevention and Control, the Standing Office of the Commanding Committee for Natural Disaster Prevention and Mitigation, Rescue and Relief, and Civil Defense of the Ministry of Agriculture and Rural Development.

16. Perform administrative reform tasks as specified in the PAR programs, plans and schemes of the Ministry and the law.

17. Regarding the management of organizations and public services:

a) Submit to the Ministry the mechanisms and policies on public service provision; implement the socialization of public service provision; set out economic-technical norms, criteria, standards, mechanisms for monitoring, evaluation and quality assurance, and regulations on public non-business services within the Department's scope of management;

b) Guide and inspect organizations performing public services in the industries and fields as specified by the law.

18. Manage the organizational structure, list of job positions, civil servants, public employees and employees in accordance with the law and as decentralized by the Minister. Implement benefit regimes, policies, emulation, commendation, discipline, professional training and refresher for civil servants, public employees and employees within the Department's scope of management as specified by the law.

19. Guide and inspect the activities of associations in the fields within the Department's scope of management; give opinions on the accredition of the Association's Advocacy Committee and the Association's Charter in the fields within its scope of management as specified by the law.

20. Carry out specialized inspection and examination in accordance with the law; receive citizens; resolve complaints and reports; prevent and fight against corruption and negativity, and sanction law violations; practice thrift and avoid wastefulness in line with their authority.

21. Manage finances, assets and other resources assigned to it; manage the collection and use of fees and charges within the Department's scope of management as specified by the law.

22. Perform other duties as specified by the law and as assigned by the Minister.

Article 3. Organizational structure

1. Leadership of the Department: Director and Deputy Directors appointed and dismissed by the Minister of Agriculture and Rural Development in accordance with the regulations.

a) The Director of the Department shall: submit to the Minister the regulations on functions, tasks, powers and organizational structure of the Department; promulgate the Department's working regulations; define the functions, tasks and powers of advisory organizations under the Department; appoint and dismiss leadership positions of organizations under the Department according to the decentralization of the Minister and the law.

b) The Director of the Department shall manage the activities of the Department and take accountability before the Minister and the law for the operation of the Department. The Deputy Directors shall assist the Director in monitoring and directing a number of aspects of work as assigned by the Director; take accountability before the Director and the law for the performance of the tasks assigned to them.

2. Advisory organizations:

Organizations under the Vietnam Disaster Management Authority were rearranged and reorganized into department-level organizations under the Department of Dike Management and Disaster Prevention & Mitigation, specifically as follows:

a) Office of the Department;

b) Division of Planning and Finance;

c) Division of Inspection and Legal Affairs;

d) Division of International Cooperation, Science and Technology;

dd) Division of Disaster Safety Control;

e) Division of Master Plan and Investment Management;

g) Division of Information and Communications;

h) Division of Community-based Disaster Management;

i) Division of Dike Management;

k) Division of Natural Disaster Response and Relief;

l) Division of Management of Construction Works for Disaster Prevention and Mitigation;

m) Representative Office of the Department in the Central Region and Central Highlands;

n) Representative Office of the Department in the Southern region.

3. Public non-business units:

Public non-business units under the Vietnam Disaster Management Authority shall continue to operate in accordance with current regulations until decisions on rationalization and reorganization thereof are issued by the authorities.

Article 4. Effect

This Decision takes effect from the date of signing for promulgation.

Article 5. Transitional provisions

1. The Department of Dike Management and Natural Disaster Prevention & Mitigation shall receive the status quo of organizational apparatus, payroll, human resources, finance, assets and other resources and inherit the related tasks, powers, responsibilities and obligations of the Vietnam Disaster Management Authority and organizations thereunder in accordance with the law and international treaties to which the Socialist Republic of Vietnam is a signatory until the authorities promulgate or revise relevant laws.

2. The Department of Dike Management and Natural Disaster Prevention & Mitigation shall continue to perform a number of tasks of the Vietnam Disaster Management Authority as assigned, decentralized and authorized by the Minister in relation to programs, projects, and schemes within the management thereof until another decision is made.

3. The Disaster Management Policy and Technology Center shall continue to operate in accordance with current regulations until a decision on rationalization and reorganization thereof is issued by the authorities.

Article 6. Responsibilities for implementation

The Director of the Department of Dike Management and Natural Disaster Prevention & Mitigation, the Chief of the Ministerial Office and the heads of relevant agencies and units shall be responsible for the implementation of this Decision./.