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| THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT OF VIETNAM | THE SOCIALIST REPUBLIC OF VIET NAM |
| No. 1588/QD-BNN-TCCB | Hanoi, April 19, 2023 |
DECISION
DEFINING FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF NATIONAL AUTHORITY FOR AGRO-FORESTRY-FISHERY QUALITY, PROCESSING AND MARKET DEVELOPMENT
THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT OF VIETNAM
Pursuant to the Government’s Decree No. 105/2022/ND-CP dated December 22, 2022 defining functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development of Vietnam;
Pursuant to the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016 defining the functions, tasks, powers and organizational structure of Ministries and ministerial agencies, and the Government’s Decree No. 101/2020/ND-CP dated August 28, 2020 providing amendments to the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016;
Pursuant to the Government’s Decree No. 158/2018/ND-CP dated November 22, 2018 prescribing establishment, restructuring and dissolution of administrative organizations;
At the request of the Director General of the Agro-Forestry-Fisheries Quality Assurance Department under the Statement No. 278/TTr-QLCL dated March 13, 2023;
At the request of the Director of the Organization and Personnel Department;
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Article 1. Position and functions
1. The National Authority for Agro-Forestry-Fishery Quality, Processing and Market Development (NAFIQPM) is an organization that is affiliated to the Ministry of Agriculture and Rural Development of Vietnam (MARD) and established on the basis of restructuring and improvement of the Agro-Forestry-Fisheries Quality Assurance Department and the Agro Processing and Market Development Department.
NAFIQPM shall assist the Minister of Agriculture and Rural Development of Vietnam (MARD Minister) in performing state management tasks and organizing implementation of laws on food safety and quality, preservation, processing and development of markets for agricultural, forestry and fishery products under MARD’s management as assigned and authorized by the MARD Minister.
2. NAFIQPM has the juridical person status and its own seal, account and budget as prescribed by law.
3. The NAFIQPM headquarters is located in Hanoi City.
Article 2. Tasks and powers
1. Submit the following documents to the MARD Minister:
a) The drafts of: laws, ordinances and resolutions the National Assembly; resolutions of the Standing Committee of the National Assembly; decrees and resolutions of the Government; decisions and directives of the Prime Minister, and other legislative documents on management of food safety and quality, preservation, processing and development of markets for agricultural, forestry and fishery products as assigned by MARD;
b) Strategies, plannings, mechanisms, policies and programs, projects and schemes on management of food safety and quality, preservation, processing and development of markets for agricultural, forestry and fishery products as assigned by the MARD Minister.
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3. Promulgate documents used for specific application and documents providing professional guidelines with respect to the fields and sectors under NAFIQPM’s management.
4. Provide guidelines, inspect and organize implementation of legislative documents, mechanisms, policies, strategies, plannings, plans, programs, projects and schemes; organize dissemination of and education about laws in the fields and sectors under NAFIQPM’s management.
5. Manage quality of agricultural materials, and food safety and quality:
a) Assist and cooperate with Ministries, central-government authorities, and relevant agencies and units affiliated to MARD in formulating and submitting the following documents to competent authorities for promulgation, including: legislative documents, policies, strategies, programs, plans, schemes and projects on food safety and quality in the fields and sectors assigned by MARD;
b) Assist in preparing and submitting consolidated reports to the National Assembly and the Government; prepare consolidated reports on management of quality of agricultural materials, food safety and quality of agricultural, forestry and fishery products; accede to interdisciplinary and international organizations on food safety and quality of agricultural, forestry and fishery products as assigned by the MARD Minister;
c) Assist in compiling and modifying the list of potentially unsafe products and goods (i.e. group-2 products and goods) under MARD’s management;
d) Take charge of organizing performance of tasks under the cooperation programs of the Government or Ministries with socio-political organizations; of Ministries with other Ministries, central-government authorities, trade or sector associations or societies on food safety and quality of agricultural, forestry and fishery products;
dd) Organize dissemination of and education about policies and laws and communication on food safety and quality of agricultural, forestry and fishery products;
e) Organize supervision, assessment, warning, handling, communication and management of food safety risks in respect of domestically consumed agricultural, forestry and fishery food products under MARD’s management
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h) Assist MARD in cooperating with the Ministry of Science and Technology of Vietnam in establishing and developing geographical indications for agricultural, forestry and fishery products under NAFIQPM’s management and as assigned by the MARD Minister.
6. Manage quality of agricultural, forestry and fishery products:
a) Organize dissemination of, provide guidelines for and assist establishments that process, preserve and trade agricultural, forestry and fishery products independently in complying with regulations, technical regulations and standards for quality and labeling of agricultural, forestry and fishery products;
b) Organize inspection and supervision of compliance with and application of regulations, technical regulations and standards for quality, labeling, packaging and quality management systems of agricultural, forestry and fishery products by establishments that process, preserve and trade agricultural, forestry and fishery products independently;
c) Organize inspections and origin tracing and take actions against violations against regulations on quality and labeling of agricultural, forestry and fishery products committed by establishments that preliminarily process, process, preserve and trade agricultural, forestry and fishery products independently.
7. Manage safety of agricultural, forestry and fishery food products:
a) Organize and provide guidelines for inspection and certification of satisfaction of food safety requirements; inspect and supervise compliance with regulations of law on food safety by:
Establishments that preliminarily process, process, preserve and trade food products of plant origin independently;
Establishments that preliminarily process, process, preserve and trade food products of animal origin independently;
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Establishments that manufacture mixed food products and spices;
Establishments that manufacture various food products under the management of at least 02 affiliated agencies of MARD; establishments that manufacture various food products under the management of at least 02 specialized regulatory authorities but of which the product with highest quantity falls under MARD’s management;
Wholesale markets, auction markets and establishments trading in various types of agricultural, forestry and fishery food products;
Establishments that manufacture ice for agricultural, forestry and fishery product manufacturing and processing;
Establishments that manufacture and trade tools, instruments and materials for packaging and containing foods during manufacturing and processing of foods under NAFIQPM’s management as prescribed.
b) Organize appraisal, inspection and issuance of certificates of compliance with food safety regulations, certificates of disease free status for exported fishery products, certificates of free sale, certificates of origin, or other certificates used for exported fishery products in accordance with regulations of law.
c) Organize implementation of national supervision programs for safety of exported foods to meet requirements imposed by importing countries in respect of fish and fishery products; give warning, and implement preventive and remedial measures against food safety incidents; inspect and supervise origin tracing, recall and treatment of foods failing to meet food safety requirements under NAFIQPM’s management as assigned and in accordance with regulations of law; deal with technical barriers in food safety to import and export of fish and fishery products.
d) Publish the lists of countries, territories and fishery food product manufacturing and trading establishments eligible to export fishery food products to Vietnam under specific cooperation agreements between such countries/territories and Vietnam.
8. Manage conformity assessment:
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b) Appraise, assessment and issue certificates of registration of operations, appoint, accredit and manage operations of testing departments/laboratories and conformity assessment bodies with respect to safety and quality of foods and products, manufacturing process and services in the fishery fields and under the management of at least 02 agencies affiliated to MARD;
c) Evaluate and appoint food safety reference testing laboratories to serve performance of state management tasks and meet demands of people and enterprises; make final determinations in case of discrepancies in food safety testing results between testing agencies in the fields under MARD’s management;
d) Inspect and supervise compliance with regulations of law by testing departments/laboratories and conformity assessment bodies with respect to safety and quality of foods and products, manufacturing process and services under NAFIQPM’s management in accordance with regulations of law;
dd) Publish food safety testing results under NAFIQPM’s management in accordance with regulations of law;
e) Act as MARD's contact point in charge of cooperating with relevant agencies affiliated to the Ministry of Science and Technology of Vietnam in implementing treaties, international and mutual recognition agreements on conformity assessment.
9. Regarding preservation, processing and transport of agricultural, forestry and fishery products:
a) Provide guidelines for and inspect the implementation of strategies, schemes, programs, mechanisms and policies for development of processing associated with manufacturing and market; provide assistance in reduction of post-harvest losses;
b) Provide guidelines for and inspect and supervise satisfaction of eligibility requirements by establishments that preliminarily process, process, preserve and transport agricultural, forestry and fishery products;
c) Give guidelines for, assess and assist in improvement of capacity for processing of agricultural, forestry and fishery products;
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dd) Prepare consolidated reports on preliminary processing, processing, preservation and transport of agricultural, forestry and fishery products under MARD’s management;
e) Implement programs, schemes and projects on collection, treatment, preliminary processing and processing of agricultural, forestry and fishery by-products used as foods as assigned by MARD.
10. Regarding development of organic agriculture:
a) Assist and cooperate in requesting MARD to promulgate mechanisms, policies, programs, schemes and projects on development of organic agriculture, and preservation, processing and development of markets for organic agricultural products;
b) Assist in preparing consolidated reports on and engaging in international cooperation for development of organic agriculture, and preservation, processing, and development of markets for organic agricultural products;
c) Organize dissemination and training for implementation of policies and regulations of law on development of organic agriculture at the stages of independent preliminary processing, processing, preservation and trading of agricultural, forestry and fishery products;
d) Organize inspection of certification bodies, preliminary processing, processing and trading establishments, and organic agricultural products under directives of competent authorities, where necessary.
11. Regarding development of markets for agricultural, forestry and fishery products:
a) Negotiate market open techniques:
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- Directly organize negotiation on food safety techniques for opening markets for fishery foods and mixed products.
b) Develop markets for agricultural, forestry and fishery products:
- Assist MARD in cooperating with the Ministry of Industry and Trade of Vietnam in formulating national trade promotion policies, strategies and programs, national brand development programs, and other relevant market development programs;
- Assist MARD in requesting the Government to promulgate trade promotion programs for agricultural, forestry and fishery products, and programs for development of brands for key agricultural, forestry and fishery products;
- Assist MARD in promulgating annual plans for brand development, trade promotion and development of markets for agricultural, forestry and fishery products; perform tasks of a standing body of MARD's Steering committee for development of markets for agricultural, forestry and fishery products;
- Consolidate and propose studies on market demands and requirements; organize updating and dissemination of technical requirements, information on markets and consumer tastes for agricultural, forestry and fishery products;
- Assist in performing trade promotion and market development tasks as assigned by MARD;
- Manage consulting services for development of brands of agricultural, forestry and fishery products.
12. Perform management of investment in and construction of works as assigned by the MARD Minister. Participate in appraisal of specialized investment projects and programs under NAFIQPM’s management.
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14. Carry out digital transformation in the fields of food safety and quality, preservation, processing and market development under NAFIQPM’s management.
15. Organize and cooperate in doing scientific research, and carrying out technology transfer and environmental protection in the fields of food safety and quality, preservation, processing and market development as assigned by the MARD Minister.
16. Foster international cooperation and international economic integration and execute international programs and projects as assigned by the MARD Minister and as prescribed by law.
17. Carry out administrative reforms according to the administrative reform programs, plans and schemes of MARD and in accordance with regulations of law.
18. Regarding organization and provision of public services:
a) Submit mechanisms and policies for provision of public services to MARD; 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 NAFIQPM’s management;
b) Provide instructions on and inspect provision of public services in fields and sectors in accordance with regulations of law.
19. Manage organizational apparatus, job positions, payrolls, scales of officials, ranks of public employees, and employment contracts in accordance with regulations of law and as assigned by the MARD Minister. Implement policies on benefits, emulation, rewards and commendation, disciplinary actions, and professional training for officials, public employees and workers as prescribed.
20. Provide instructions for and inspect operations of associations and societies in fields and sectors NAFIQPM’s management; contribute opinions about recognition of advocacy committees for association establishment and charters of associations in fields and sectors under NAFIQPM’s management as assigned and prescribed.
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22. Manage finance, assets and other allocated resources; organize management of collection and use of fees and charges under NAFIQPM’s management in accordance with regulations of law.
23. Provide instructions on and carry out professional inspections of the specialized quality, processing and market development system or units in charge of quality management, processing and market development at localities.
24. Performing other tasks as prescribed by law and as assigned by the MARD Minister.
Article 3. Organizational structure
1. Leadership of NAFIQPM:
NAFIQPM has a Director General and Deputy Directors General who are appointed or dismissed by the MARD Minister as prescribed by law.
a) The Director General shall request the MARD Minister to define functions, tasks, powers and organizational structure of NAFIQPM, assisting bodies and organizations having legal status affiliated to NAFIQPM after obtaining written approval from MARD; appoint and dismiss heads of organizations affiliated to NAFIQPM as assigned by the MARD Minister and as prescribed by law;
b) The Director General shall manage operations of NAFIQPM, and assume responsibility before the MARD Minister and legal responsibility for NAFIQPM’s operations.
Deputy Directors General shall assist the Director General in monitoring and directing some operations as assigned by the Director General; assume responsibility before the Director General and legal responsibility for assigned tasks.
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Assisting bodies affiliated to the Agro-Forestry-Fisheries Quality Assurance Department and the Agro Processing and Market Development Department shall be re-organized or re-arranged as departments or equivalent-level units affiliated to NAFIQPM, including:
a) NAFIQPM’s Office;
b) Planning and Finance Department;
c) Legislation and Inspection Department;
d) International Cooperation and Communication Department;
dd) Conformity Assessment and Surveillance Department;
e) Quality and Organic Agriculture Department;
g) Food Safety Department;
h) Processing and Preservation Department;
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3. Affiliated agencies:
a) National Authority for Agro-Forestry-Fishery Quality, Processing and Market Development - Southern Region Authority, located in Ho Chi Minh City;
b) National Authority for Agro-Forestry-Fishery Quality, Processing and Market Development - Central Region Authority, located in Khanh Hoa Province;
c) National Authority for Agro-Forestry-Fishery Quality, Processing and Market Development - Northern Midland and Mountainous Region Authority, that will be established on the basis of restructuring of the Agro Processing and Market Development Department - Branch 1 affiliated to the Agro Processing and Market Development Department in line with NAFIQPM’s development.
4. Public service providers:
a) National Authority for Agro-Forestry-Fishery Quality, Processing and Market Development - Center 1, located in Hai Phong City;
b) National Authority for Agro-Forestry-Fishery Quality, Processing and Market Development - Center 2, located in Da Nang City;
c) National Authority for Agro-Forestry-Fishery Quality, Processing and Market Development - Center 3, located in Khanh Hoa Province;
d) National Authority for Agro-Forestry-Fishery Quality, Processing and Market Development - Center 4, located in Ho Chi Minh City;
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e) National Authority for Agro-Forestry-Fishery Quality, Processing and Market Development - Center 6, located in Can Tho City;
g) Reference Testing and Agrifood Quality Services Center, located in Ha Noi City.
The agencies and organizations mentioned in clauses 3 and 4 of this Article have their own seals, accounts and budget as prescribed.
Article 4. Vietnam Sanitary and Phytosanitary Notification Authority and Enquiry Point (Vietnam SPS Office)
1. Vietnam SPS Office is located at the same premises as NAFIQPM.
2. Vietnam SPS Office has a Director and Deputy Directors who are appointed or dismissed by MARD in accordance with regulations of law.
3. Vietnam SPS Office continues performing the functions, tasks, powers and organizational structure defined in the Decision No. 5272/QD-BNN-TCCB dated December 18, 2017 of the MARD Minister until a new Decision is issued by this MARD Minister.
Article 5. Transition
1. Consolidation of the Agro-Forestry-Fisheries Quality Assurance Department and the Agro Processing and Market Development Department shall be carried out.
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3. NAFIQPM shall receive, arrange, allocate, manage and use personnel, finance and assets transferred by the Agro-Forestry-Fisheries Quality Assurance Department and the Agro Processing and Market Development Department in accordance with regulations of law.
4. NAFIQPM shall receive and inherit tasks, powers and obligations of the Agro-Forestry-Fisheries Quality Assurance Department and the Agro Processing and Market Development Department as of January 15, 2023 in accordance with regulations of law.
5. NAFIQPM’s Regional Authorities and Centers shall continue operating in accordance with current regulations until decisions on restructuring and strengthening thereof are issued by competent authorities.
Article 6. Effect and responsibility for implementation
1. The Decision comes into force from May 05, 2023.
2. This Decision supersedes the following Decisions of the MARD Minister, including: Decision No. 1120/QD-BNN-TCCB dated March 31, 2017 defining functions, tasks, powers and organizational structure of the Agro-Forestry-Fisheries Quality Assurance Department; Decision No. 2937/QD-BNN-TCCB dated August 03, 2020 providing amendments to Article 3 of the Decision No. 1120/QD-BNN-TCCB dated March 31, 2017; Decision No. 1348/QD-BNN-TCCB dated April 11, 2017 defining functions, tasks, powers and organizational structure of the Agro Processing and Market Development Department; Decision No. 5009/QD-BNN-TCCB dated November 30, 2017 providing amendments to clause 3 Article 3 of Decision No. 1348/QD-BNN-TCCB dated April 11, 2017; nullifies Decision No. 260/QD-BNN-TCCB dated January 16, 2023 of the Minister of Agriculture and Rural Development of Vietnam on consolidation of the Agro-Forestry-Fisheries Quality Assurance Department and the Agro Processing and Market Development Department into the National Authority for Agro-Forestry-Fishery Quality, Processing and Market Development.
3. The Chief of the Ministry Office, the Director of Organization and Personnel Department, the Director General of NAFIQPM and heads of relevant authorities and units are responsible for the implementation of this Decision./.
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Decision No. 1588/QD-BNN-TCCB dated April 19, 2023 on defining functions, tasks, powers and organizational structure of national authority for agro-forestry-fishery quality, processing and market development
- Số hiệu: 1588/QD-BNN-TCCB
- Loại văn bản: Quyết định
- Ngày ban hành: 19/04/2023
- Nơi ban hành: Bộ Nông nghiệp và Phát triển nông thôn
- Người ký: Lê Minh Hoan
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: 05/05/2023
- Tình trạng hiệu lực: Kiểm tra
