Decree 105/2022/ND-CP organizational structure of the Ministry of Agriculture and Rural Development

DECREE

Defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies (below referred to as Decree No. 123/2016/ND-CP); and the Government’s Decree No. 101/2020/ND-CP of August 28, 2020, amending and supplementing a number of articles of the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies (below referred to as Decree No. 101/2020/ND-CP);

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

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

Article 1. Position and functions

The Ministry of Agriculture and Rural Development is a governmental agency performing the function of state management of the sectors and fields of agriculture, forestry, salt making, fisheries, hydraulic work, disaster prevention and control, and rural development; and state management of public services in the sectors and fields under its management in accordance with law.

Article 2. Tasks and powers

The Ministry of Agriculture and Rural Development shall perform the tasks and exercise the powers defined in Decree No. 123/2016/ND-CP, Decree No. 101/2020/ND-CP, and has the following specific tasks and powers:

1. To submit to the Government draft laws and draft resolutions of the National Assembly; draft ordinances and draft resolutions of the National Assembly Standing Committee; draft decrees of the Government under the Ministry’s approved annual law-making programs and plans, and resolutions, mechanisms, policies, projects, schemes and other legal documents under the Ministry’s state management as assigned by the Government or Prime Minister.

2. To submit to the Government and Prime Minister strategies, master plans, long-term, medium-term and annual development plans, and programs, schemes, important national projects and works in the sectors and fields under the Ministry’s management.

3. To submit to the Prime Minister drafts of decisions, directives and other documents to be promulgated by the Prime Minister.

4. To approve development strategies, master plans and programs in the sectors and fields under the Ministry’s management as decentralized or authorized by the Government or Prime Minister; to review and evaluate according to the Ministry’s competence the implementation of master plans nationwide.

5. To promulgate circulars, decisions, directives, national technical regulations, processes, rules, and techno-economic norms; to develop national standards on the management of the sectors and fields under the Ministry’s state management in accordance with law; to guide and examine the implementation of these documents.

6. To publicize, direct, guide, examine, inspect, evaluate, review, report, and take responsibility for the implementation of, approved mechanisms, policies, strategies, master plans and plans under the Ministry’s state management; to disseminate and educate about the laws concerning the sectors and fields under the Ministry’s state management.

7. To examine legal documents promulgated by other ministries, ministerial-level agencies and provincial-level People’s Councils or People’s Committees in terms of contents relating to the sectors or fields under the Ministry’s state management; if detecting any of these legal documents which is contrary to legal documents in the sectors or fields under the Ministry’s management, to handle it in accordance with law.

8. Regarding crop production and plant protection

a/ To direct, guide and examine crop production activities; to develop areas for cultivation and production of safe agricultural products; to formulate plans on use, protection and improvement of agricultural soil fertility, and plans on control of soil erosion, desertification and landslide; to formulate a roadmap and guidelines for grant of production unit codes of cultivation areas nationwide in accordance with law;

b/ To direct and guide the use of budgets for programs on prevention, control and remediation of consequences of plant diseases;

c/ To direct the structuring of crops, and cultivation, farming, harvesting and preservation techniques; to review and evaluate the implementation of annual crop production plans; to promulgate plans on restructuring of crops on rice cultivation land areas nationwide;

d/ To direct the examination of the collection, storage, preservation and exploitation of genetic resources of plants in accordance with law;

dd/ To perform the state management of fertilizers in accordance with law;

e/ To perform the state management of agricultural plant varieties, plant quarantine, plant protection and pesticides in accordance with law.

9. Regarding livestock production and animal health

a/ To direct, guide and examine the implementation of livestock production development strategies; to collect, conserve, exploit and develop domestic animal genetic resources; to develop and submit to the Government for promulgation lists of domestic animal breeds that need to be conserved and are banned from export; to stipulate criteria and recognize epidemic-free livestock production zones; to direct, guide and organize the prevention, treatment and control of animal diseases, quarantine of animals and animal products, control of animal slaughtering, preliminary processing and processing of animals and animal products, inspection of veterinary hygiene, and management of veterinary drugs and veterinary practice;

b/ To direct and guide the use of budgets for national programs and plans on prevention, control and remediation of consequences of animal diseases;

c/ To direct the structuring of domestic animals, livestock production techniques; to review and evaluate the implementation of annual livestock production plans;

d/ To direct and examine scientific research and application activities involving veterinary microorganisms and chemicals; to research and produce vaccines and bio-products for animal health;

dd/ To direct, guide, examine and monitor the performance of tasks of state management of domestic animal breeds and products thereof, animal feed, conditions on livestock production establishments or livestock production waste treatment establishments, and farming of animals and humane treatment of domestic animals;

e/ To perform tasks of state management of livestock production and animal health in accordance with the laws on livestock production and animal health.

10. Regarding fisheries

a/ To direct and guide the implementation of fisheries development mechanisms and policies in accordance with law;

b/ To formulate and submit to the Prime Minister for approval master plans on protection and exploitation of fisheries resources; to decide on the establishment of a protected marine area located in 2 or more provinces and centrally run cities; to work out a national master plan on the system of fishing ports and storm shelters for fishing vessels; to advise the Government on promulgation of regulations on management of protected marine areas;

c/ To direct, guide and examine the implementation of regulations on management of protected marine areas, endangered, precious and rare aquatic species, fisheries resources protection areas, and fisheries resources in wetland reserves in accordance with law;

d/ To guide and examine the implementation of regulations on fishing ports and storm shelters for fishing vessels; regulations on management of fishing vessel safety, and provision of information on disaster prevention and control for fishermen and fishing vessels at sea; to determine and allocate fishing license quotas and species-specific allowable catches in offshore fishing areas for provinces and centrally run cities under regulations;

dd/ To direct, guide and examine aquaculture; environmental monitoring and warning in aquaculture; aquaculture processes, techniques and seasons; to preserve original strains and indigenous aquatic species with high economic value;

e/ To guide and examine the implementation of regulations on the List of endangered, precious and rare aquatic species, and aquatic species that need to be conserved, protected or re-generated, and measures for environmental protection of aquatic ecosystems, collection, preservation and exploitation of aquatic genetic resources, and conservation of gene funds and aquatic biodiversity in accordance with law;

g/ To perform tasks of state management of fisheries resource surveillance in accordance with law;

h/ To direct, guide and examine the performance of tasks of state management of aquatic animal breeds and aquatic feed, chemicals, bio-products and microorganisms for treatment and improvement of the aquaculture environment, and aquaculture environment treatment products in accordance with law;

i/ To perform tasks of state management of fisheries activities, fisheries resources, technical infrastructure facilities and logistics services. 

11. Regarding salt making

a/ To perform the state management of the salt industry; to formulate policies, programs, schemes and projects on development of salt making and trading;

b/ To direct, guide and examine technical processes of production, harvesting, preliminary processing, processing and preservation of salt; to review and evaluate the implementation of annual salt making plans;

c/ To promulgate, and examine the implementation of, national technical regulations on and processes of production, processing and preservation of salt and salt products (excluding medical salt).

12. Regarding forestry

a/ To direct, guide and examine the implementation of the Government’s and the Prime Minister’s regulations on forestry development mechanisms and policies, forest management regulations, regulations on management and protection of endangered, precious and rare forest fauna and flora species and the list of these species, and the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in accordance with law;

To assume the prime responsibility for, and coordinate with related ministries and sectors, in managing special-use forests and protection forests, protecting forest ecosystems, forest plant species, forest ecosystems for aquaculture, biodiversity, and conserving the nature in various types of forests in accordance with law.

To submit to the Prime Minister for approval the national forestry master plan and establishment of protection forests and special-use forests of national importance or located in many provinces. To advise the Government and Prime Minister on forest repurposing in accordance with law;

b/ To perform the task of state management of forest protection activities in accordance with law;

c/ To direct, guide and examine agro-forestry-fisheries production in forests in accordance with law; to assume the prime responsibility for, and coordinate with related ministries and ministerial-level agencies in, surveying, evaluating, collecting and preserving endemic or valuable microorganisms and fungi that are under threat of extinction for inclusion in the list of endangered, precious and rare species prioritized for protection;

d/ To direct the implementation of the policy on payment of forest environment service charge in accordance with law;

dd/ To direct the performance of tasks of state management of forest management, protection, development and use, and exploitation of forest products; to organize forestry production associated with processing and trade of forest products; to establish a system of national seed production areas, national botanical gardens, prevention and control of forest pests, and forest tree cultivars; to perform the task of forest fire prevention and fighting; to organize specialized forest fire prevention and fighting forces; to manage the grant of sustainable forest management certificates and forest valuation in accordance with law;

e/ To guide and examine the forest allocation, leasing, recovery, survey, inventory and change monitoring; to build and manage the forest database;

g/ To assume the prime responsibility for, and coordinate with related  ministries and ministerial-level agencies in proposing the conclusion of treaties and international agreements on forestry, and act as the focal point and representative of Vietnam in exercising the rights and performing the obligations of a member of the United Nations Convention to Combat Desertification and other treaties and international agreements concerning forestry.

13. Regarding hydraulic work:

a/ To perform tasks of state management of exploitation and protection of hydraulic structures in accordance with law;

b/ To direct, guide and examine baseline surveys, strategies, master plans, plans, programs, schemes, projects, policies and laws on hydraulic work and rural clean water, water irrigation and drainage (excluding water drainage and wastewater treatment in urban areas, concentrated rural residential areas and industrial parks); to build, repair and upgrade hydraulic structures and rural clean water works; to operate reservoirs and hydraulic structures in accordance with law;

c/ To direct, guide and examine the formulation, approval and implementation of master plans on hydraulic work for agriculture and for multiple socio-economic purposes in accordance with law;

d/ To approve master plans on hydraulic work and rural clean water supply involving two or more provinces, systems of hydraulic structures and technically complex or large hydraulic structures within a province so as to serve water supply, irrigation and drainage; to prevent and control drought and saltwater intrusion; to carry out soil improvement and desertification combat, and rural water supply and drainage in accordance with law;

dd/ To direct, guide and examine water irrigation and drainage technical processes and policies; to manage irrigation and drainage and manage operation of hydraulic structures; to manage hydraulic-work infrastructure assets; to guide and examine the implementation of regulations on discharge of wastewater into hydraulic structures;

e/ To guide and examine the incorporation of plans on development of the hydraulic work and rural clean water supply networks in provincial master plans in accordance with law;

g/ To direct, guide and examine the prevention, control and remediation of consequences of drought, saltwater intrusion, inundation and desertification; to organize the monitoring, forecast and warning of drought, saltwater intrusion, inundation, and the volume and quality of water in hydraulic structures in accordance with law;

h/ To direct, guide and examine tentative plans on protection of hydraulic structures and scope of protection of hydraulic structures;

i/ To direct, guide and examine the formulation of plans on construction, management of operation, use and protection of rural water supply and drainage works;

k/ To formulate, review and submit to the Prime Minister for approval master plans on disaster prevention and control and hydraulic work; to formulate a master plan on hydraulic work in accordance with law; to guide and examine the implementation of such master plans after they are approved by competent authorities;

l/ To direct, guide and examine baseline surveys, strategies and master plans; on hydraulic work; to organize the inventory of water sources in hydraulic structure in combination with the forecast of drought, water shortage, saltwater intrusion, desertification, flood, inundation and waterlogging; to build hydraulic structures in order to store, regulate, deliver, distribute, supply and drain water for agricultural production, aquaculture and salt making in combination with water supply and drainage for daily-life activities and other industries; to prevent and mitigate disaster-caused  adverse impacts related to water and climate change, protect the environment and aquatic resources, prevent the pollution, degradation and depletion of water resources, and adapt to change climate in order to ensure the security of water sources and the safety of dams and water reservoirs under the Ministry’s management in accordance with law;

m/ To perform tasks of state management of dam and water reservoir safety in accordance with law; to perform the tasks under the Ministry’s state management in accordance with the Law on Water Resources and other laws.

14. Regarding disaster prevention and control

a/ To direct, guide and examine the implementation of strategies, master plans, plans, programs, schemes, projects, policies and laws on disaster prevention and control;

b/ To direct, guide and examine the implementation of regulations on mechanisms, policies, human resources, supplies, facilities, equipment, information systems, essential commodities and resources for disaster prevention and control;

c/ To guide and examine the formulation and implementation of plans on disaster prevention and control and disaster response plans; to examine tentative plans on disaster prevention and control in socio-economic development plans and projects of localities, ministries and sectors;

d/ To direct, guide, examine and supervise the remediation of disaster consequences and post-disaster recovery and rehabilitation in accordance with law and treaties to which Vietnam is a contracting party; to summarize, evaluate, make and publicize statistics on damage caused by disasters; to guide and examine the monitoring and supervision of activities related to disaster prevention and control works and measures; to monitor, analyze and evaluate disaster-caused damage and likely to exert impacts on Vietnam in accordance with law;

dd/ To organize information provision, public communication and education in order to raise the community awareness about disaster prevention and control; to direct, guide the elaboration of, and improve operational efficiency of commune-level disaster prevention and control forces and people’s dike management forces;

e/ To perform the state management of residential area master plans and organization of production activities in adaptation to disasters, anti-flood master plans for diked rivers, and dike master plans; to plan on investment in the construction, repair, upgrading, solidification, use and protection of dikes in accordance with law;

g/ To manage the construction, consolidation and protection of disaster prevention and control works, including dikes, reservoirs and dams, and anti-inundation, anti-drought and anti-landslide facilities; storm shelters for ships and boats, and other facilities serving the disaster prevention and control in accordance with law;

h/ To perform tasks of state management of disaster prevention and control specified in the Law on Dikes, Law on Disaster Prevention and Control, Law on Water Resources, and other laws.

15. Regarding rural development

a/ To direct and organize the implementation of the national target program on building of the new countryside; and the action program on hunger elimination in Vietnam as assigned by the Government;

b/ To sum up and submit to the Prime Minister for approval overall rural development plans and programs, and strategies for development of rural trades and craft villages with the participation of households, agricultural cooperatives and cooperative unions; to promulgate policies to promote the development of rural trades, and conservation and development of craft villages;

c/ To organize and examine the implementation of programs, mechanisms and policies on development of agricultural electromechanics; rural trades and craft villages with the participation of households, agricultural cooperatives and cooperative unions after they are approved by competent authorities; to direct the formulation and implementation of programs, schemes and projects to support the production and development of craft villages and rural trades in accordance with law.

 d/ To assume the prime responsibility for, guide and examine population distribution and resettlement of inhabitants for the construction of hydraulic and hydropower projects; to carry out stable distribution of inhabitants in disaster-prone areas, extremely disadvantaged areas, border and island areas, and areas affected by sea level rise due to climate change, areas with free migrants, and strategic and highly strategic areas in protection forests and special-use forests; to direct, guide and examine the sedentary farming and population distribution in rural areas and ethnic minority and mountainous areas;

dd/ To direct, guide and examine the organization of agricultural vocational training for rural laborers, the process of identifying disasters and epidemics in the implementation of policies on support of agricultural insurance in accordance with law;

e/ To direct, guide and examine programs and projects on construction of rural infrastructure facilities in accordance with specialized regulations.

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

a/ To direct, organize, guide, examine and supervise the implementation of regulations on food safety for initial production of agricultural, forest, fishery and salt products under the Ministry’s state management;

b/ To direct, organize, guide, examine and supervise the implementation of regulations on food safety throughout the production, collection, slaughtering, preliminary processing, processing, preservation, transportation, import, export, and trading of products, groups of products, foodstuffs, goods and establishments producing and trading in food products as assigned by the Government;

c/ To assume the prime responsibility for managing food safety at establishments producing various food products which are under the management of two or more specialized management agencies and of which the product with the highest output is managed by the Ministry;

d/ To organize the monitoring, risk assessment, warning, prevention, control and remediation of food safety incidents with regard to food products under the Ministry’s management; to inspect and monitor the origin tracing, recall and disposal of unsafe food under the Ministry’s management;

dd/ To grant and revoke certificates of genetically modified organisms eligible for use as food;

e/ To designate food testing establishments to serve the state management, testing and verification establishments; to make the final conclusion when there is a difference between test results of different testing establishments in the fields under the Ministry’s management;

g/ To manage food safety for wholesale markets and auctions of agricultural products;

h/ To designate state inspection agencies to take charge of imported food safety for products in the fields under the Ministry’s management;

i/ To publicize the list of countries and territories and the list of production and business establishments permitted to export food and agro-forest-fishery products into Vietnam under the Ministry’s management.

17. Regarding quality management of varieties and breeds, supplies, cattle, poultry, domestic animals, and agricultural, forestry, salt and fishery tools, equipment, products and services, and hydraulic works and dikes

a/ To organize and examine the implementation of mechanisms, policies, strategies, plans and programs on development and quality improvement of products and goods under the Ministry’s management;

b/ To promulgate the list of products and goods likely to become unsafe (goods and products of group 2) under the Ministry’s management;

c/ To designate and manage activities of product and goods quality standard conformity assessment organizations under the Ministry’s management.

18. Regarding preservation, processing and transportation of agricultural, forest and fishery products

a/ To submit to competent authorities for promulgation mechanisms, policies, strategies, programs, schemes and projects on processing, preservation and transportation of agricultural, forest and fishery products;

b/ To direct, guide and examine the implementation of strategies, schemes, programs, mechanisms and policies on development of the processing industry associated with production and marketing; to provide support to help limit the post-harvest loss of commodities under the Ministry’s state management;

c/ To guide, examine and monitor the implementation of regulations on conditions for establishments engaged in preliminary processing, processing, preservation and transportation of agricultural products under the Ministry’s management;

d/ To guide, evaluate, and provide support for improving the agricultural, forest and fishery product processing capacity.

19. Regarding trade in agricultural, forest, fishery and salt products

a/ To assume the prime responsibility for performing the task of negotiating for promoting the expansion of markets for agricultural products; to lift technical barriers in import and export of agriculture products; to promote cooperation and linkages in production and sale of agricultural products as assigned by the Government and Prime Minister;

b/ To coordinate with the Ministry of Industry and Trade in formulating mechanisms and policies for development of trading in, and markets of, agricultural products; trade promotion plans and programs; and national branding programs for agricultural, forest, fishery and salt products;

c/ To assume the prime responsibility for formulating and submitting to competent agencies for promulgation and organization of implementation programs and schemes on trade promotion of agricultural, forest and fishery products and development of brands of agricultural products; to carry out market analysis and forecasting and trade promotion activities, and activities related to branding programs for agricultural, forest, fishery and salt products under the Ministry’s management;

d/ To promulgate a detail list of goods banned from import and export; and a list of imports and exports subject to the Ministry’s specialized management in accordance with law;

dd/ To coordinate with the Ministry of Industry and Trade in implementing the law on trade remedies (including anti-dumping, countervailing and safeguards) for foreign agricultural products imported into Vietnam; and to assist domestic trade associations and enterprises against foreign investigation and application of trade remedies for Vietnam’s exported agricultural products; 

e/ To coordinate with the Ministry of Science and Technology in building and implementing geographical indications of agricultural, forest and fishery products under the Ministry’s management.

20. To perform the state management of organic agriculture; to propose mechanisms and policies on development of circular agriculture and ecological agriculture.

21. Regarding management of investment and construction investment

a/ To direct, guide, examine and monitor investment activities and construction investment activities; and construction activities in accordance with law;

b/ To perform the state management of construction investment and quality management of works in the sectors and fields under the Ministry’s state management in accordance with law;

c/ To appraise contents of prefeasibility and feasibility study reports of programs, projects and schemes in the sectors and fields under the Ministry’s management.

To approve investment policies and investment decisions; to approve designs, cost estimates and account-finalization, and manage bidding for programs and projects under the Ministry’s competence in accordance with law;

d/ To guide, monitor, supervise, evaluate, examine and inspect investment and construction programs and projects under the Ministry’s deciding competence in accordance with law;

dd/ To organize the overall supervision and evaluation of investment; to monitor and evaluate construction investment and specialized investment projects in the sectors and fields under the Ministry’s management in accordance with law.

22. Regarding enterprises, cooperatives and other forms of collective and private economies

a/ To submit to the Government for promulgation mechanisms and policies to encourage and support economic activities of households, farms, cooperative groups, cooperatives and cooperative unions and joint production in the sectors and fields under the Ministry’s state management; to coordinate with the Vietnam Cooperative Alliance and related ministries and sectors in studying and promulgating mechanisms and policies to encourage and support economic activities of households, farms, cooperative groups and cooperatives with the scope of the Ministry’s state management;

b/ To guide and examine the implementation of regulations applicable to conditional business lines and services on the list issued by the Government, and handle violations according to the Ministry’s competence;

c/ To perform the tasks of state management of cooperative groups, cooperatives, cooperative unions and farms in the sectors and fields under the Ministry’s state management;

d/ To exercise the rights and perform the responsibilities of the representative of state ownership at enterprises as assigned by the Government and in accordance with the Law on Management and Use of State Capital Invested in Production and Business at Enterprises, the Enterprise Law and other relevant laws.

23. To manage the national reserves of plant varieties, pesticides, veterinary drugs and other goods as assigned by the Government.

24. Regarding science and technology

a/ To direct scientific and technological activities in the sectors and fields under the Ministry’s state management;

b/ To direct the performance of state management of the rights to plant varieties in accordance with the law on intellectual property; to coordinate with the Ministry of Science and Technology in performing the state management and protection of intellectual property rights;

c/ To direct the performance of the state management of high technologies and creative and innovative activities in agriculture in accordance with law;

d/ To organize the performance of the state management and implementation of basic research and application of scientific and technological advances in crop production, plant protection, livestock production, animal health, fisheries, salt making, hydraulic work, dikes, forestry, agricultural environment, natural disaster prevention, response and consequence remediation, and rural development.

25. Regarding agricultural extension

a/ To submit to competent authorities for promulgation or promulgate according to the Ministry’s competence mechanisms, policies and strategies for, and the organization and operation of, agricultural extension;

b/ To guide and examine the implementation of regulations on agricultural extension;

c/ To work out plans on and organize central-level agricultural extension activities; to manage central budget allocations for agricultural extension in accordance with law.

d/ To submit to competent authorities for promulgation or promulgate according to the Ministry’s competence policies on the mobilization of all social resources for agricultural extension activities, and policies on coordination with domestic and foreign organizations and individuals in attracting capital and resources for agricultural extension activities;

dd/ To perform the state management of agricultural extension activities under regulations.

26. Regarding environmental protection, climate change and biodiversity

a/ To direct the state management of environmental protection in activities in the sectors and fields under the Ministry’s management in accordance with law;

b/ To direct the performance of the state management of biodiversity and bio-safety in the sectors and fields under the Ministry’s management in accordance with law;

c/ To direct and perform the task of response to climate change and sea level rise under the Ministry’s state management as assigned by the Government or Prime Minister.

27. To direct, guide and organize investment promotion activities in the sectors and fields under the Ministry’s state management.

28. To inspect the technical safety of machinery, equipment, supplies and substances subject to strict occupational safety requirements in activities in the sectors and fields under the Ministry’s management in accordance with law.

29. To carry out international cooperation and global economic integration in the sectors and fields under the Ministry’s state management in accordance with law.

30. To decide on, and direct the implementation of, the Ministry’s administrative reform program in line with the objectives and contents of the state administrative reform program approved by the Prime Minister; to propose or decide according to the Ministry’s competence on delegation of powers for state management of sectors and fields to local administrations.

31. Regarding management of organization and provision of public services

a/ To perform the state management of public services and provision of public products and services in the sectors and fields under the Ministry’s management in accordance with law.

To submit to the Government for promulgation mechanisms for and policies on provision of public services; and on the mobilization of all social resources for the provision of public services in the sectors and fields under the Ministry’s management;

b/ To submit to the Prime Minister a master plan on the network of non-business and public-service provision organizations; and a list of basic and essential public non-business services in the sectors and fields under the Ministry’s management; and a list of state-funded public non-business services in the sectors and fields under the Ministry’s management;

c/ To promulgate techno-economic norms applicable to state-managed public non-business services; regulations on bidding, placement of orders for, and assignment of tasks of, provision of public non-business services; and quality criteria and standards and mechanisms for supervision, evaluation and quality inspection of public non-business services and operational effectiveness of public non-business units in the sectors and fields under the Ministry’s management;

d/ To guide the implementation of policies and regulations applicable to, and provision of support for, public non-business service providers in the sectors and fields under the Ministry’s management in accordance with law.

32. To manage associations and non-governmental organizations operating in the sectors or fields under the Ministry’s state management in accordance with law.

33. To guide the functions, tasks, powers, list of working positions, and state payrolls of specialized agencies in the agricultural and rural development sectors and fields of provincial-level People’s Committees and People’s Committees of districts, townships and centrally run cities.

To manage the Ministry’s apparatus and state payroll for the Ministry’s civil servants, working positions and number of public employees and workers; and the recruitment, training, retraining, management, employment, salary regime, emulation, commendation and disciplining of, and other regimes and policies applicable to, officials, civil servants, public employees and other workers under the Ministry’s management and within the Ministry’s state management in accordance with law.

34. To carry out inspection and examination; receive citizens; settle complaints and denunciations; to prevent and control corrupt and negative practices, and handle violations of law related to the sectors and fields under the Ministry’s management in accordance with law.

35. To carry out digital transformation in agriculture under regulations of the Government and Prime Minister.

36. To manage the development and application of information technology, remote sensing and statistical work under the Ministry’s state management as provided in the Law on Information Technology, Law on Statistics and other relevant laws.

37. To manage allocated finances, assets and other resources, and organize the implementation of allocated budget funds in accordance with law.

38. To act as the national standing body for natural disaster prevention and control; forest protection and development plans; building of a new countryside; anti-desertification; management of international trade in endangered, rare and precious wild fauna and flora species; prevention and control of cattle and poultry diseases; and the Vietnam Sanitary and Phytosanitary Notification Authority and Enquiry Point (SPS Vietnam); to act as a focal point for entering into ASEAN cooperation on disaster management, international forums, and implementation of treaties on natural disaster prevention and control as assigned by the Government and in accordance with law.

39. To perform other tasks and exercise other powers assigned or vested by the Government or Prime Minister, or as provided by law.

Article 3. Organizational structure

1. The Planning Department.

2. The Finance Department.

3. The Science, Technology and Environment Department.

4. The International Cooperation Department.

5. The Legislation Department.

6. The Organization and Personnel Department.

7. The Ministry Administrative Office.

8. The Ministry Inspectorate.

9. The Department of Crop Production.

10. The Department of Plant Protection.

11. The Department of Livestock Production.

12. The Department of Animal Health.

13. The Department of Construction Management.

14. The Department of Cooperatives and Rural Development.

15. The Quality, Processing and Market Development Department.

16. The Department of Water Resources.

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

18. The Department of Forestry.

19. The Department of Forest Protection.

20. The Department of Fisheries.

21. The Department of Fisheries Surveillance.

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

23. The Institute of Management for Agricultural and Rural Development.

24. The Institute of Public Policies and Rural Development.

25. The Center for Digital Transformation and Agricultural Statistics.

26. The National Center for Agriculture Extension.

27. The Vietnam Agriculture Newspaper.

28. The Vietnam Journal of Agriculture and Rural Development.

The organizations specified in Clauses 1 thru 21 of this Article shall assist the Minister in performing the state management functions; the organizations specified in Clauses 22 thru 28 are public non-business units serving the Ministry’s performance of state management functions.

The Minister of Agriculture and Rural Development shall define the functions, tasks, powers and organizational structures of units under the Ministry’s management; and submit to the Prime Minister for promulgation a list of other public non-business units attached to the Ministry.

Article 4.  Effect

1. This Decree takes effect on January 15, 2023.

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

Article 5. Transitional provisions

The National 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, and National Center for Agriculture Extension shall continue their operation under current regulations until decisions defining the functions, tasks, powers and organizational structures of the units specified in Clauses 15, 16, 17, 18, 19, 20, 21, 23, 24, 25 and 26, Article 3 of this Decree issued by the Minister of Agriculture and Rural Development take effect.

2. The Minister of Agriculture and Rural Development shall define the functions, tasks, powers, and organizational structures of the Quality, Processing and Market Development Department for taking over the tasks and powers of the National Agro-Forestry-Fisheries Quality Assurance Department and Agro Processing and Market Development Department; the Department of Water Resources for taking over the tasks and powers of the Directorate of Water Resources; the Department of Dike Management and Disaster Prevention and Control for taking over the tasks and powers of the Vietnam Disaster Management Authority; the Department of Fisheries and Department of Fisheries Surveillance for taking over the tasks and powers of the Directorate of Fisheries; the Department of Forestry and Department of Forest Protection for taking over the tasks and powers of the Vietnam Administration of Forestry as provided by law and in conformity with treaties to which the Socialist Republic of Vietnam is a contracting party until competent agencies promulgate or amend and supplement relevant regulations.

3. Public non-business units under the Directorate of Fisheries, Vietnam Disaster Management Authority, Vietnam Administration of Forestry and Directorate of Fisheries shall continue their operation under current regulations until decisions on their consolidation and re-organization are issued by competent authorities.

Article 6. Implementation responsibilities

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
PHAM BINH MINH