Ordinance on Prevention and Control of Floods and Stormsand Implementation Provisions
The President of The StateNumber: 09-L/CTN
The Socialist Republic of VietnamIndependence - Freedom - Happiness
Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Republic of Vietnam; Pursuant to Article 78 of the Ordinance on Organization of the National Assembly;
promulgates
The Ordinance on Prevention and Control of Floods and Storms adopted by the Standing Committee of the IXth National Assembly of the Socialist Republic of Vietnam on 8 March 1993.
Hanoi, March 20, 1993 The President of the State of the Socialist Republic of Vietnam
LE DUC ANH
2. ORDINANCE ON PREVENTION AND CONTROL OF FLOODS AND STORMS Floods and storms are natural phenomena that occur frequently in our country, sometimes causing serious loss of life, state property, institutional or individual properties, as well as adversely affecting the environment; In order to enhance the responsibility of authorities, state institutions, economic organizations, social organizations and citizens in the matter of preventing and controlling as well as overcoming the consequences of floods and storms; Pursuant to Article 91 of the 1992 Constitution of the Socialist Republic of Vietnam, this ordinance sets out provisions for activities conducted for the prevention, control and mitigation of the consequences of floods and storms.
Chapter I-General Provisions
Article 1 Flood and storm prevention and control constitutes formulation of activities that shall prevent, control and mitigate the effects of floods and storms in order to reduce losses, to help speedy stabilization of people’s lives, to protect and revive production, and minimize their consequences on the environment.
Article 2 Floods and storms as defined in this Ordinance include flashflood, flooding, sea water flooding, storms, tropical atmospheric depressions, torrential rain, typhoons and waves caused by sea movements.
Article 3 The State shall conduct activities conforming to the management of flood and storm prevention and control in the entire country, in which modern scientific knowledge and traditional experiences shall be applied for prevention, control and mitigation of the consequences of floods and storms.
Article 4 The State shall formulate policies that encourage domestic and foreign organizations and individuals to invest in different forms, or introduce scientific and technological innovations into activities related to forecasting, preventing and mitigating the consequences of floods and storms. The State shall insure the legal rights of organizations and individuals that participate in investment.
Article 5 The State of Vietnam shall expand its cooperation with countries, international organizations, foreign organizations and individuals in the field of scientific research and study, technology transfer, technical and professional training on forecasting, preventing, controlling and mitigating the consequences of floods and storms.
Article 6 State authorities, economic organizations, social organizations, people’s armed forces, and all citizens shall have the obligation of preventing and mitigating the consequences of floods and storms. Foreign organizations and individuals living on Vietnamese territory shall abide by the laws on prevention and control of floods and storms in Vietnam, except where otherwise regulated by international conventions to which the Socialist Republic of Vietnam is a signatory.
Article 7 The People’s Council and the People’s Committee at all levels, other state organizations, units of the people’s armed forces, the Fatherland Front of Vietnam and its member organizations, shall be responsible for checking, controlling and implementing the laws on prevention and control of floods and storms in Vietnam to the extent of their rights and duties.
Article 8 Any acts that cause damage to facilities used for or related to prevention and control of floods and storms shall be prohibited.
Chapter II-Prevention of Floods and Storms
Article 9 State authorities, economic organizations, social organizations, people’s armed forces and all citizens shall have the obligation to actively participate in the prevention of losses due to floods and storms in the long-term as well as annually as required by the law on prevention and control of floods and storms.
Article 10 Long-term prevention and control of floods and storms consists of the following activities: 1- To organize and build a system that collects information on global weather changes, as well as weather changes in the region and in different regions within the country; to process the information in order to enhance the quality of forecasting and warning; and to serve in the management and direction of prevention and control activities. 2- To set up plans for strengthening building facilities for prevention and control of floods and storms; to preserve and reinforce dykes; to protect and plant flood prevention forests in higher lands, to plant wave, wind and sand protection forests on sea and river coasts; to apply scientific and technological innovations to the prevention and control of floods and storms. 3- To devise appropriate plans for residences in regions that are prone to floods and storms. 4- To locate mechanisms for agricultural and fishery production that are appropriate for regions prone to floods and storms. 5- To define flood and storm resistance standards for each type of construction project. 6- To introduce and propagate knowledge, experiences and laws on prevention and control of floods and storms among the people. 7- To regularly check and evaluate the implementation of plans on prevention of floods and storms.
Article 11 Annual flood and storm prevention activities consist of the following activities: 1- To manage and protect infrastructure used for prevention and control of floods and storms; to stop acts that threaten to damage or destroy facilities used for or related to prevention and control of floods and storms. 2- Within its scope of authority, each authorized level of administration shall regularly check and evaluate the degree of safety of facilities used for or related to prevention and control of floods and storms. If signs of damage or weakness are detected, timely repairs shall be done. In case the authorized level finds that a problem is not within its ability to solve, it shall report immediately to the higher level of authority so that the problem can be solved before the storm season. 3- To develop plans for prevention of damage caused by floods and storms for the whole region, for each vulnerable area, for each area identified for special attention and preparation for floods and storms. 4- To reserve materials, means of transportation for rescue operations when floods and storms occur in the area. 5- To reserve crucial foodstuffs and agricultural produce, as well as medicines for immediate use in areas most likely to be affected. 6- To mobilize forces and organize professional training for forecasting, prevention and control of floods and storms.
Article 12 Newly constructed projects have to comply with the provisions and meet the conditions for the prevention and control of floods and storms.
Article 13 Permission shall be required from the state management unit in charge of prevention and control of floods and storms for construction of facilities to store foodstuff, poisonous substances, explosive substances, important materials and property that are located in disaster-prone areas, as an additional requirement to Article 12 of this Ordinance.
Article 14 Prohibition shall be enforced on all acts of wilful obstruction or difficulty in the release of flood waters.
Article 15 Management and exploitation of reservoirs, or other facilities related to prevention and control of floods and storms shall be conducted in accordance to an annual schedule, especially in the storm season. The schedule shall be approved by the state management unit in charge of prevention and control of floods and storms.
Article 16 Coastal areas shall need to have rescue stations for boats and ships. The number of stations, locations and operating regulations shall be defined by the Prime Minister.
Article 17 All boats and ships before setting out to sea shall be equipped with communication systems, signals, rescue kits for boats and for people, and shall abide by regulations concerning storm warning. The crew and fishermen, apart from having to abide by maritime laws, shall have knowledge and expertise in prevention and control of floods and storms in order to be able to act when warnings for storms are received.
Article 18 State authorities, economic organizations, social organizations, units of the people’s armed forces, and all citizens shall be obliged to participate in the active and timely control of floods and storms in order to rescue people and property, and projects damaged or destroyed by floods and storms.
Article 19 Control of floods and storms consists of the following activities: 1- To announce the onset of floods and storms; issue warnings on floods and storms; issue orders for urgent mobilization of human resources; issue emergency measures for flood and storm control. 2- To ensure that communications, information and directives are received. 3- To arrange forces and means of rescue in the eventuality of floods and storms. 4- To protect and rescue structures used for prevention and control of floods and storms that are affected or threatened by disaster. 5- To rescue victims; move people out of endangered areas; protect property of the state, of organizations and individuals. 6- To ensure social security, order and safety in affected areas. 7- To instruct people on the practice of hygiene and disease prevention in affected areas and in evacuation camps.
Article 20 The authority and responsibility of units in charge of forecasting floods and storms; of units that issue warnings for floods and storms; and of units that issue decisions on urgent measures to control floods and storms, is stipulated as follows: 1- The General Department for Meteorology and Hydrology shall be in charge of forecasting rain, floods, storms, tropical depressions and rise in the level of sea water in the entire country. 2- The Provincial Committees for Prevention and Control of Floods and Storms shall be in charge of issuing warnings for floods and storms in their areas. For mountainous and remote areas, in necessary cases, the flood and storm control committees of districts can issue warnings for floods and storms in their areas and these committees shall report immediately to the committee for flood and storm control at higher levels. 3- The Central Committee for Prevention and Control of Floods and Storms shall be in charge of issuing warnings for floods and storms in the entire country. 4-The Prime Minister shall issue decisions on urgent measures that need to be taken for control of floods and storms. When floods and storms end, warnings for floods and storms, decisions on urgent measures taken to control floods and storms shall be withdrawn by the authorities that issue them.
Article 21 When there is a danger of serious flooding or storm, the Chairpersons of the People’s Committees at different levels shall have the authority to mobilize human resources, materials, and means to be used for rescuing people, property and infrastructure as defined by the law.
Article 22 In case the Provincial People’s Committee finds that the danger from floods and storms is beyond their capability to tackle, the Central Committee for Flood and Storm Control can propose to the Prime Minister to issue a decision calling for urgent mobilization of human resources, materials and means from all sectors and levels to help rescue flood and storm victims.
Article 23 All expenses for mobilizing resources to rescue flood and storm victims that the authorized units incur shall be refunded according to the law.
Chapter IV-Overcoming Consequences of Floods and Storms
Article 24 State authorities, economic organizations, social organizations, units of the people’s armed forces, and all citizens shall be obliged to actively participate in overcoming consequences of floods and storms in order to reduce the losses caused by floods and storms, quickly stabilize people’s lives and revive production.
Article 25 Overcoming consequences of floods and storms shall consist of the following activities: 1- To rescue people and property. 2- To provide timely relief, and help stabilize people’s lives in areas affected by floods and storms. 3- To enforce measures aimed at rapidly reviving production. 4- To maintain hygienic conditions in the local environment and prevent diseases. 5- To repair projects used for prevention and control of floods and storms and other damaged infrastructure projects. 6 To inspect and evaluate losses.
Article 26 The People’s Committee of each locality shall be in charge of directing activities concerned with overcoming the consequences of floods and storms. In case the locality finds that the work is not within its capability to handle, the Chairperson of the People’s Committee shall report to the People’s Committee or Committee for Flood and Storm Control at higher levels for solutions.
Chapter V-Funding for Prevention and Control of Floods and Storms
Article 27 Funding for prevention and control of floods and storms may consist of: 1- Annual allocation from the State budget. 2- Local funds for prevention and control of floods and storms contributed by the population as required by the State. 3- Relief donated by organizations, individuals from within and outside the country when floods and storms occur.
Article 28 The State shall establish a National Reserve Fund and encourage provinces to establish their own local reserve fund for prevention and control of floods and storms. The establishment of the Reserve Fund, the policies for management and use of the fund shall be regulated by the State.
Article 29 Funding for prevention and control of floods and storms shall be used for the following activities: 1- To repair, build, and reinforce infrastructure used for forecasting and instructing people on the prevention and control of floods and storms. 2- To rescue people and property, to rescue projects damaged by floods and storms. 3- To overcome consequences of floods and storms.
Article 30 The People’s Committees at different levels shall be responsible for receiving and distributing funds received from organizations and individuals from within and outside the country for flood victims in proper time and to the right subjects.
Article 31 Funds and materials used for prevention, control and overcoming the consequences of floods and storms, with no discrimination among sources, shall be recorded and accounted for immediately after the storm season.
Chapter VI-State Management of Flood and Storm Prevention and Control
Article 32 State management of flood and storm prevention and control consists of the following activities: 1- To set up plans and direct activities of forecasting, prevention and control of floods and storms and of overcoming the consequences of flood and storms. 2- To manage, protect, construct and reinforce projects used for prevention and control of floods and storms. 3- To set up and regulate implementation policies and rules on forecasting, preventing, controlling and overcoming the consequences of floods and storms. 4- To collect and process information related to floods and storms. 5- To manage the funding reserved for prevention and control of floods and storms. 6- To encourage research and the application of scientific and technological innovations in forecasting, prevention and control of floods and storms; to train personnel for the task of forecasting, preventing and controlling floods and storms. 7- To propagate and provide instruction, experiences and laws on prevention and control of floods and storms. 8- To investigate and keep a check on the implementation of policies, rules and regulations relating to forecasting, prevention and control of floods and storms; and to tackle violations to those policies and rules. 9- To foster international cooperation in the fields of forecasting, prevention and control of floods and storms and mitigating disasters.
Article 33 The Government shall conduct and coordinate state management of all activities concerning the prevention and control of floods and storms, as well as overcoming consequences of floods and storms in the entire country.
The Ministry of Water Resources shall be the permanent office of the National Committee for Prevention and Control of Floods and Storms, and shall be responsible for coordinating the work of related offices based on their functions in order to assist the Government to conduct state management of research, building strategies, plans and programmes on prevention and control of floods and storms; to manage, inspect and instruct sectors and localities implementing policies and technical regulations concerning dyke protection; and to direct activities concerning forecasting, prevention and control of floods and storms, as well as overcoming their consequences. Other ministries and sectors, based on their functions, shall be responsible for coordinating with the Ministry of Water Resources in preventing and controlling floods and storms.
The People’s Committees at different levels shall conduct state management of activities for the prevention and control of floods and storms and overcoming consequences in their localities in conformity with the plans and arrangements laid out at state management levels.
The local unit in charge of state management of water resources shall cooperate with related offices in order to help the People’s Committee at the same level to carry out this task.
Article 34 The Central Committee for Prevention and Control of Floods and Storms established by the Prime Minister shall submit its strategies and plans on prevention and control of floods and storms to the Government for approval; it shall help the Government in monitoring, regulating and promoting activities for forecasting, prevention, control and overcoming consequences of floods and storms conducted by sectors and ministries under the Government and by local authorities; it shall also render direct assistance for handling urgent situations and overcoming the consequences of floods and storms in the entire country.
Local committees for prevention and control of floods and storms at different levels established by the Chairperson of the People’s Committee of the same level shall have the task of helping the People’s Committee of its level in approving, monitoring and promoting the implementation of plans on prevention and control of floods and storms set up by its locality each year based on general planning; it shall also monitor dyke reinforcement; organize activities for preventing, controlling and overcoming consequences of floods and storms in its locality following instructions given by the Central Committee for Prevention and Control of Floods and Storms.
Committees for the Prevention and Control of Floods and Storms of ministries, sectors, government offices established by the Head of the ministry, sector or office, shall be tasked with assisting the management in organizing activities to prevent, control and overcome the consequences of flood and storms within their ministry, sector or office following instructions given by the Central Committee for Prevention and Control of Floods and Storms.
Article 35 Units conducting state management of activities for the prevention and control of floods and storms shall also have the function of inspecting activities for the prevention and control of floods and storms, as well as overcoming their consequences.
The organization, tasks, authority and activities of inspectors specialized in the field of prevention and control of floods and storms shall be regulated by the Government.
Article 36 Organizations, individuals shall have the right to appeal to the inspection office on matters concerning forecasting, prevention and control of floods and storms; or directly to units in charge of state management of prevention and control of floods and storms on decisions or solutions adopted by inspectors when doing their job in the locality.
Organizations, individuals shall have the right to appeal to units in charge of state management of prevention and control of floods and storms or directly to other authorized state authorities on violations to the law that occur in the field of prevention and control of floods and storms, as well as overcoming consequences of floods and storms.
Offices that receive the appeals or accusations shall be responsible for hearing and solving the issue in accordance with the law.
Chapter VII-Compliments and Settlement of Violations
Article 37 Organizations or individuals that make a contribution to activities related to forecasting, prevention and control, as well as overcoming consequences of floods and storms, stopping actions that cause damage to facilities used for prevention and control of floods and storms, shall be awarded with compliments based on the State’s policies. People who participate in preventing, controlling and overcoming consequences of floods and storms, or in any struggle against violations to laws on prevention and control of floods and storms, and thereby lose their life or property, shall be compensated as defined by the Government’s regulations.
Article 38 People who are found to conduct actions that destroy, damage or obstruct the work of prevention and control of floods and storms; or people who do not comply with authorized state authorities when floods and storms occur; people who take advantage of floods and storms to steal property from the state, organizations or individuals, or violate other regulations on prevention and control of floods and storms, shall be punished with administrative fines or prosecuted, depending on the nature and seriousness of the violation.
Article 39 People who lack responsibility in forecasting or issuing warnings; are negligent during their shift to watch dykes or reinforce them as required by the regulations on prevention and control of floods and storms; people who make wrongful use of their position, authority or abuse power to embezzle funds, materials, relief reserved for preventing, controlling and overcoming consequences of floods and storms; people who cover up for violators of the law or other regulations of this Ordinance, shall be censured or prosecuted, depending on the nature and seriousness of the violations.
Article 40 People who violate the laws on prevention and control of floods and storms and cause losses to the State, organizations or individuals, shall have to pay compensation to those who lose their property, as an additional requirement to the legal settlement they are subjected to as defined in Article 38 and Article 39 of this Ordinance.
Article 41 All previous provisions that are inconsistent with this Ordinance are hereby repealed.
Article 42 This Ordinance shall come into full force and effect as of the date of announcement. The Government shall promulgate the detailed instructions for implementation of this Ordinance.
Hanoi, March 8, 1993 On behalf of the Standing Committee of the National Assembly of the Socialist Republic of VietnamChairpersonNONG DUC MANH
3. DECISION NO. 89 - HDBT OF MARCH 21, 1990 OF THE COUNCIL OF MINISTERS ON "THE NATIONAL DAY FOR DISASTER PREVENTION AND CONTROL IN VIETNAM"
The Council of Ministers
To motivate the people, cadres and soldiers of the entire country to actively participate in preventing and fighting disasters and pay tribute to His Excellency President Ho on the occasion of his 100th birthday ; At the proposal of the Minister of Water Resources, the Chairperson of the Central Committee for Prevention and Control of Flood and Storms.
Decrees
Article 1: To recognize the day of May 22 of each year as the "National Day for Disaster Prevention and Control in Vietnam".
Article 2: On the "National Day for Disaster Prevention and Control in Vietnam", the People’s Committee at all levels shall organize appropriate activities aimed at motivating the people, cadres and soldiers; shall check and complete all the work of preparation for prevention and control of floods and storms; shall resolve to protect the lives and property of the people and the State.
Article 3: The Minister of Water Resources, the Chairperson of the Central Committee for Prevention and Control of Floods and Storms, the Heads of related ministries and sectors, the Chairperson of the People’s Committee of provinces, cities and special zones controlled by the Central Government shall be responsible for the implementation of this Decision.
On behalf of the Council of Ministers
4. DECREE NO. 168 - HDBT OF MAY 19, 1990 OF THE COUNCIL OF MINISTERS ON THE ORGANIZATION AND TASKS OF THE CENTRAL COMMITTEE FOR PREVENTION AND CONTROL OF FLOODS AND STORMS COMMITTEES FOR PREVENTION AND CONTROL OF FLOODS AND STORMS AT ALL LEVELS AND SECTORS
Pursuant to the Ordinance on Organization of the Council of Ministers of July 4, 1981; Pursuant to the Ordinance on Dykes issued together with the Order of the President of the State Council No. 26 - LCT/HDNN8 of November 16, 1989; At the proposal of the Chairperson of the Central Committee for Prevention and Control of Floods and Storms;
Article 1: To establish: - The Central Committee for Prevention and Control of Floods and Storms; - The Committees for Prevention and Control of Floods and Storms at local levels; - The Committees for Prevention and Control of Floods and Storms under Ministries, State Committees, General Departments;
Article 2: The Central Committee for Prevention and Control of Floods and Storms shall comprise: - The Minister of Water Resources as Chairperson; - One Vice Minister of Water Resources as Standing Vice Chairperson; - One Deputy Director of the Office of the Council of Ministers as Vice Chairperson; - One Deputy Chief of Staff of the People’s Army of Vietnam as Vice Chairperson; - Representatives (deputies) of the Ministry of Agriculture and Food Industry, Ministry of Forestry, Ministry of Fishery Products, Ministry of Communication and Transportation and Post, Ministry of Energy, Ministry of Construction, Ministry of Commerce, Ministry of Interior, Ministry of Health, Ministry of Finance, State Planning Committee, State Committee for Science and General Department of Meteorology and Hydrology as members.
Article 3: The Central Committee for Prevention and Control of Floods and Storms shall have the task of assisting the Chairperson of the Council of Ministers in: - Promoting, checking the performance of ministries, localities concerned with the establishment and realization of annual plans and orientation for the prevention and control of floods and storms. - Issuing commands for mobilization of human resources, means, etc. in order to provide timely assistance to emergency situations that are beyond the capability of ministries and localities to solve. - Directing localities in the organization of activities to overcome consequences of floods and storms. - Preparing general reviews of the work of prevention and control of floods and storms; providing information on experiences and scientific and technical innovations for the prevention and fight against floods and storms to localities and ministries. The Committee shall have a general office (that can use the staff of the Ministry of Water Resources), shall have an official stamp, shall be allocated with a budget for its operation which shall be accounted for from the annual budget subsidy given to the Ministry of Water Resources.
Article 4: The committees for prevention and control of floods and storms of provinces, districts, communes and similar levels shall be established by the Chairperson of the People’s Councils at the same level. The Committee shall comprise: the Chairperson of the Local People’s Committee as Chairperson; the Head of the Water Resource Department as Standing Vice Chairperson; the Heads or Deputy Heads of Departments related to the work of prevention and control of floods and storms of the locality as members. The headquarters of the committee shall be located at the office of the Department of Water Resources. The operational budget for the committee shall be provided by the province, and accounted for as part of the budget allocated to the Department of Water Resources. The local committees for prevention, control of floods and storms shall be tasked with assisting the People’s Committee of the same level in consolidating and directing the implementation of plans for the prevention and control of floods and storms in its area; they shall also organize reinforcement work for dykes and other activities aimed at preventing and protecting commercial and residential areas in their locality as well as activities for overcoming the consequences of floods and storms.
Article 5: The committees for prevention and control of floods and storms of Ministries, State Committees, General Departments, shall be established by the Heads of the Ministries, State Committees, General Departments (which are hereunder referred to as Ministries), and shall be chaired by one official of the ministry. The committees shall have the task of assisting the Head of the Ministry in: - Developing and implementing plans for prevention and control of floods and storms of the sector in order to protect infrastructure and technical facilities and people that are under direct management of the sector. - Maintaining order and managing the resources reserved for the work of prevention and control of floods and storms, and overcoming the consequences that are within the scope of their management functions. - When required by the Central Committee for Prevention and Control of Floods and Storms, making available materials, technology and means to management units so that timely relief can reach emergency cases when overcoming the consequences of floods and storm. - Compiling experiences in the prevention and control of floods and storms in order to share them with localities and units in the sector.
Article 6: The Decree shall take effect as of the date of issuance, all previous provisions that are inconsistent with this Decree being hereby annulled.
Article 7: The Chairperson of the Central Committee for Prevention and Control of Floods and Storms, the Ministers, the Chairpersons of State Committees, the Heads of other departments that belong to the Council of Ministers, the Chairpersons of People’s Committees at all levels - provinces, cities and special zones - under the control of the Central Government, shall have the obligation to implement this Decree.
On behalf of the Council of Ministers for the Chairperson
Vice ChairpersonDONG SY NGUYEN
5. DECREE NO. 73 - CP OF NOVEMBER 1, 1995 OF THE GOVERNMENT ON FUNCTIONS, TASKS, AUTHORITY AND ORGANIZATION OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
Proceeding from the Ordinance on Organization of the Government of September 30, 1992; Proceeding from the Resolutions of the VIIIth Session of the IXth National Assembly of October 21, 1995; At the proposal of the Minister of Agriculture and Rural Development, and Minister, Chairperson of the Governmental Committee for Organization and Personnel.
Article 1: The Ministry of Agriculture and Rural Development shall be the office of the Government that performs state management of agriculture, forestry, water resources and rural development.
Article 2: The Ministry of Agriculture and Rural Development shall have the obligation to perform the tasks and assume authority in state management as stipulated in Chapter 4 of the Law on Governmental Organization and in Decree No. 15 - CP of March 2, 1993 of the Government. The Ministry shall have the following main tasks and authority: 1- To submit to the Government drafts of the Laws, Ordinances and other legal documents related to the areas of agriculture, forestry, water resources and rural development. To issue regulations pertaining to the above areas monitored by the Ministry based on its authority in these areas. 2- To submit to the Government strategies, master plans, long-term and medium-term plans; and to organize and direct implementation of the above after they have been approved by the Government, in the areas of: - Farming, livestock breeding, agricultural and forestry product processing and rural employment generation. - Managing, protecting and developing forestry resources; exploiting forestry products. - Managing water resources (except for mineral water and geothermal water); managing construction and exploitation of irrigation projects, the work of prevention and control of floods and storms, and the protection of dykes (river and sea dykes); managing, exploiting and promoting the general development of rivers. - Conducting state management of service activities in the field. 3- To develop fauna and flora in conformation with breeds and gene funds in the nation (including production, import and export activities). 4- To organize and direct farming extension and forestry extension work. 5- To organize scientific and technological research, and to apply scientific and technological innovations to the areas monitored by the Ministry. 6- To organize and monitor the quality of construction projects in the field, as well as the quality of forestry and agricultural products; to monitor all work related to ensuring the safety of dyke and dam projects; to assure national food security; to prevent plant and animal diseases; to ensure safety of medicinal drugs used for plants and animals; to ensure the safety of chemicals used in production and processing of food and agricultural products, as defined by the law. 7- To direct, and also coordinate with other ministries, localities in developing and submitting to the Government policies and programmes for all-round rural development - economic, cultural and social; to evaluate performance related to the achievement of these goals and report to the Government. 8- To conduct state management of enterprises in agriculture, forestry, water resources which are under the control of the Ministry or which the Ministry of Agriculture and Rural Development is authorized to regulate in respect of the Law on State-owned Enterprises and other governmental regulations on the arrangement of authority. 9- To manage organizational and personnel development according to the law and according to the arrangement of authority stipulated by the Government. 10- To conduct inspection and investigation of field work. 11- To organize and direct the work of protection and medical examination of plants and animals (including those raised for export or domestic consumption, or imported breeds); to direct the work of forestry inspection, protection of irrigation projects, dykes and rivers. 12- To organize and manage international cooperation in the fields that are monitored by the Ministry. 13- To fulfill the day-to-day tasks of the Central Committee for Prevention and Control of Floods and Storms, and the tasks assigned to the Ministry by the National Commission for the Mekong River Development in Vietnam. 14- To organize and direct the task of placement of the labour force and population, development of new economic zones and settled living and settled farming. 15- To organize and manage flood prevention forests and specially designed forest areas. 16- To authorize the issuance and withdrawal of licenses in the areas monitored by the Ministry as defined by the law.
Article 3: The Ministry of Agriculture and Rural Development shall be organized as follows: 1- Offices that assist the Minister in performing state management functions: (a) Departments: - Department of Planning. - Department of Infrastructure Investment. - Department of Science, Technology and Product Quality. - Department of Policy on Agriculture and Rural Development. - Department of International Cooperation. - Department of Finance and Accounting. - Department of Organization and Personnel.
(b) Departments in charge of state management in the field: - Department of Forestry Development. - Department of Forestry Inspection. - Department of Fauna Protection. - Department of Veterinary Affairs. - Department of Farming Extension and Forestry Extension. - Department of Forestry Product Processing and Rural Employment. - Department of Water and Irrigation Project Management. - Department of Prevention and Control of Flood, Storm and Dyke Management (also the Office of the Central Committee for Prevention and Control of Floods and Storms). - Department of Settled Living, Settled Farming and New Economic Zones.
(c) Inspection.
(d) Office. The Minister of Agriculture and Rural Development shall define the regulations on the functions, tasks of Departments, Offices, but shall need to seek governmental approval for regulations on functions, tasks of Departments that are in charge of state management in the field.
2- Administrative organizations within the Ministry: The Minister of Agriculture and Rural Development shall coordinate with the Minister, Chairperson of the Governmental Committee for Organization and Personnel in rearranging scientific research institutions, training colleges, healthcare centres, etc., that are under control of the former Ministry of Agriculture, Ministry of Forestry, Ministry of Water Resources and submit the plan to the Prime Minister for a final decision.
Article 4: This Decree shall take full effect from the date of issuance, all previous regulations that are inconsistent to this Decree being hereby annulled.
Article 5: The Minister of Agriculture and Rural Development, other ministers, heads of offices at ministry level, governmental offices, Chairpersons of the People’s Committees of Provinces, Cities under the control of the Central Government, shall be obliged to implement this Decree.
(to be continued)
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