Decision No. 1120/QD-BNN-TCCB dated March 31, 2017 on defining the functions, tasks, powers and organizational structure of the National Agro-Forestry-Fisheries Quality Assurance Department

DECISION

DEFINING FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE NATIONAL AGRO-FORESTRY-FISHERIES QUALITY ASSURANCE DEPARTMENT

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016 defining the functions, tasks, powers and organizational structures of Ministries and ministerial agencies;

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

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

HEREBY DECIDES:

Article 1. Position and functions

...

...

...

2. NAFIQAD has its own legal status, seal, account and budget as prescribed by law.

3. The NAFIQAD headquarters is located in Hanoi city.

Article 2. Tasks and powers

1. Submit the following documents to the Minister of Agriculture and Rural Development:

a) The drafts of: laws and resolutions of the National Assembly; ordinances and resolutions of the Standing Committee of the National Assembly; decrees of the Government; specialized legislative documents within the framework of annual law-making programs and plans of the Ministry, as well as resolutions, mechanisms, policies, projects and schemes assigned by the Minister;

b) Annual, medium-term and long-term development strategies, planning and plans, works and projects of national significance, programs, schemes and projects in fields under NAFIQAD’s management as assigned by the Minister.

2. Propose the promulgation of decisions, directors and national technical regulations, processes, norms and technical – economic norms; establish national standards for management of fields under NAFIQAD’s management as assigned by the Minister and as prescribed by law; provide guidelines for and inspect the adherence thereto after obtaining the approval by a competent authority.

3. Direct, provide guidelines, inspect, assess and submit a consolidated report on the implementation of the approved policies, strategies, planning and plans for the fields under NAFIQAD’s management; direct and organize the dissemination of and education about laws on the fields under NAFIQAD’s management.

4. Promulgate documents used for specific application and documents providing professional guidelines with respect to the fields under its management. Notify local governments and units of the detailed plan for execution of the programs, schemes and projects under the management of the Ministry after the Ministry grants approval for the comprehensive planning for the fields under NAFIQAD’s management.

...

...

...

a) Submit mechanisms, policies, planning, plans, programs, overall schemes and projects on assurance of quality of agricultural, forestry and fishery products, salt and agricultural materials as assigned by the Minister and as prescribed by law;

b) Provide guidelines, inspect and submit a consolidated report on assurance of quality of agricultural, forestry and fishery products, salt and agricultural materials.

6. Perform state management of food safety with respect to preliminary processing and processing of animal and crop products; establishments collecting, storing, preliminarily processing, trading in, importing and exporting fishery products; inspecting food safety of exported fishery products; establishments producing various types of products under the management of the Ministry and the Ministry of Industry and Trade; manage the compliance with food safety regulations by agricultural product wholesale markets, agricultural product auction markets and agricultural, forestry and fishery product trading businesses; act as an agency in charge of assisting and submitting consolidated reports to the Minister on management of safety of products under the Ministry’s management. To be specific:

a) Take charge and cooperate in formulating strategies, policies, legislative documents, planning, plans, programs, overall schemes and projects, and national standards under NAFIQAD’s management in accordance with regulations of law, and submit them to the Minister.

b) Direct, provide guidelines, inspect and organize appraisal, issuance, re-issuance, extension and revocation of the Certificate of compliance with food safety regulations of:

Establishments that collect, preliminarily process, process and store fishery products;

Independent establishments that preliminarily process plant-based food products and establishments that process plant-based food products;

Establishments that preliminarily process and process animal source food products;

Establishments that manufacture mixed food products and spices;

...

...

...

Wholesale markets, auction markets and businesses trading in various types of agricultural, forestry and fishery food products;

Establishments manufacturing ice for agricultural, forestry and fishery product manufacturing and processing;

Establishments manufacturing and trading in food implements, packaging and containers used during the manufacturing and processing of foods under NAFIQAD’s management in accordance with regulations of law;

c) Organize execution of national supervision programs, risk analysis, tracing, warning, prevention, control, imposition of penalties for violations and implementation of remedial measures against food safety incidents under NAFIQAD’s management in accordance with regulations of law;

d) Inspect and certify the compliance with food and disease safety regulations with regard to exported fishery foods in accordance with regulations of law;

dd) Appraise and certify contents of advertisements for foods under NAFIQAD’s management in accordance with regulations of law;

e) Direct and organize certification of food safety knowledge regarding agricultural, forestry and fishery foods under NAFIQAD’s management in accordance with regulations of law;

g) Provide instructions, carry out specialized inspections and impose penalties for violations against regulations on food safety under NAFIQAD’s management in accordance with regulations of law;

h) Provide professional training to full-time officials responsible for management of safety of agricultural, forestry and fishery foods under NAFIQAD’s management in accordance with regulations of law;

...

...

...

k) Perform other tasks related to food safety management as assigned by the Minister and as prescribed by law.

7. Manage assessment of conformity:

a) Appraise, assess, appoint, recognize and manage activities of departments and units in charge of carrying out testing and bodies assessing conformity with respect to quality and safety of foods, products, manufacturing process and services in the fishery fields and under the management of at least 02 agencies affiliated to the Ministry;

b) Inspect and supervise compliance with regulations of law by departments and units in charge of carrying out testing and bodies assessing conformity with respect to quality and safety of foods, products, manufacturing process and services in the fishery fields and under the management of at least 02 agencies affiliated to the Ministry;

c) Publish food safety testing results under NAFIQAD’s management in accordance with regulations of law;

d) Act as an agency in charge of cooperating with relevant agencies affiliated to the Ministry of Science and Technology in implementing the mutual recognition agreement.

8. Perform tasks and realize themes, programs and projects on science and technology, agricultural extension and environment as assigned by the Minister and in accordance with regulations of law.

9. Propose investment programs and projects under NAFIQAD’s management; manage and organize execution of investment programs and projects as assigned by the Minister; participate in appraising specialized investment programs and projects under NAFIQAD’s management.

10. Handle technical barriers to import and export of fishery products as assigned by the Minister and as prescribed by law.

...

...

...

12. Foster international cooperation and international economic integration and execute international programs and projects as assigned by the Minister and as prescribed by law.

13. Carry out administrative reforms according to the administrative reform programs, plans and schemes of the Ministry and in accordance with regulations of law.

14. Regarding organization and provision of public services:

a) Submit mechanisms and policies for provision of public services to the Ministry; encourage private investment in public services; establish economic – technical norms, criteria, standards and mechanisms for monitoring, assessment and accreditation of quality and regulations on public services under NAFIQAD’s management;

b) Provide instructions on and inspect provision of public services in fields and sectors in accordance regulations of law.

15. Provide instructions and inspect activities of associations and non-governmental organizations under NAFIQAD’s management; contribute opinions about recognition of the Advocacy Committee for Association Establishment and Charter of the Association in accordance with regulations of law.

16. Manage organizational machinery, officials and employees as prescribed. Provide benefits and rewards, take disciplinary actions, provide professional training to officials under NAFIQAD’s management in accordance with regulations.

17. Carry out specialized inspections in accordance with regulations of law; receive and handle the people's complaints and denunciations; prevent and fight corruption and take actions against violations of law; practice thrift and combat wastefulness under NAFIQAD’s management in accordance with regulations of law.

18. Manage finance and allocated assets and other resources; organize management of collection, payment and use of fees and charges under NAFIQAD’s management in accordance with regulations of law.

...

...

...

20. Perform other tasks as assigned by the Minister and as prescribed by law.

Article 3. Organizational structure

1. The heads of NAFIQAD: Director and Deputy Directors appointed or dismissed by the Minister as prescribed by law.

a) The Director shall request the Minister to define functions, tasks, powers and organizational structure of NAFIQAD, authorities and public service providers affiliated to NAFIQAD (organizations having legal status); promulgate working regulation of NAFIQAD; define functions, tasks and powers of assisting bodies affiliated to NAFIQAD; appoint and dismiss heads of organizations affiliated to NAFIQAD as assigned by the Minister and as prescribed by law;

b) The Director shall manage the operation of NAFIQAD and is responsible to the Minister and law for operation of NAFIQAD. Deputy Directors shall assist the Director in supervising and directing some tasks assigned by the Director and is responsible to the Director and law for the performance of their tasks.

2. Assisting bodies:

a) The head office;

b) Planning Division;

c) Finance Division;

...

...

...

dd) Fisheries Quality Assurance Division;

e) Agricultural Product Quality Assurance Division;

g) Science and Conformity Assessment Division.

3. Affiliated agencies:

a) National Agro-Forestry-Fisheries Quality Assurance Department - Central Region Authority, located in Khanh Hoa province;

b) National Agro-Forestry-Fisheries Quality Assurance Department - Southern Region Authority, located in Ho Chi Minh city.

4. Public service providers:

a) Reference Testing and Agrifood Quality Consultancy Center, located in Hanoi city;

b) National Agro-Forestry-Fisheries Quality Assurance Department – Branch 1, located in Hai Phong city;

...

...

...

d) National Agro-Forestry-Fisheries Quality Assurance Department – Branch 3, located in Khanh Hoa province;

dd) National Agro-Forestry-Fisheries Quality Assurance Department – Branch 4, located in Ho Chi Minh city;

e) National Agro-Forestry-Fisheries Quality Assurance Department – Branch 5, located in Ca Mau province;

g) National Agro-Forestry-Fisheries Quality Assurance Department – Branch 6, located in Can Tho city;

The organizations specified in Clauses 3 and 4 of this Article have their own seal, account and budget as prescribed.

Article 4. Effect

This Decision comes into force from the date on which it is signed and supersedes the Decision No. 670/QD-BNN-TCCB dated April 04, 2014 of the Ministry of Agriculture and Rural Development.

Article 5. Responsibility for implementation

1. The Director of the National Agro-Forestry-Fisheries Quality Assurance Department shall direct and instruct Directors of Central Region Authority and Southern Region Authority to transfer the central and southern agro-forestry-fisheries quality assurance authorities under their existing conditions, and register seals and operation of the organizations specified in Points a and b Clause 3 Article 3 of this Decision as prescribed by law.

...

...

...

THE MINISTER




Nguyen Xuan Cuong