DECREE

ON CONDUCT OF INSPECTION IN AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Law of Government organization dated December 25, 2001;

Pursuant to the Law on Inspection dated November 15, 2010;

Pursuant to the Law on Fishery dated November 26, 2003;

Pursuant to the Law on Forest Protection and Development dated December 03, 2004;

Pursuant to the Law on Dikes dated November 29, 2006;

Pursuant to the Law on Natural Disaster Prevention and Control dated June 19, 2013;

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At the request of the Minister of Agriculture and Rural development,

The Government hereby promulgates the Decree on conduct of inspection in the sectors of agriculture and rural development.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides for the organization and conduct of agencies in charge of inspection of the agriculture and rural development sector; inspectors, persons assigned to conduct the specialized inspection tasks and collaborators in inspection of agriculture and rural development sector; responsibilities of agencies, organizations and individuals in the inspection of the agriculture and rural development sector.

Article 2. Inspecting subjects

1. Agencies, organizations and individuals under the management of the Ministry of Agriculture and Rural development and Services of Agriculture and Rural development.

2. Vietnamese and foreign agencies, organizations and individuals involved in the agriculture and rural development sector shall comply with law provisions on activities within the management of the Ministry of Agriculture and Rural development and Services of Agriculture and Rural development.

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ORGANIZATION, TASKS AND POWERS OF INSPECTORATES OF THE AGRICULTURE AND RURAL DEVELOPMENT SECTOR

Article 3. Agencies performing the function of inspection of the agriculture and rural development sector

1. State inspectorates, including:

a) The inspectorate of the Ministry of Agriculture and Rural development (hereinafter referred to as the Ministerial Inspectorate);

b) Inspectorates of Services of Agriculture and Rural development of provinces and central-affiliated cities (hereinafter referred to as Services’ Inspectorates).

2. Agencies assigned to conduct specialized inspection:

a) Water Resource Directorate; Vietnam Administration of Forestry; Directorate of Fisheries; Department of Animal Health; Plant Protection Department; Department of Crop Production; Department of Livestock Production; National Agro - Forestry - Fishery Quality Assurance Department; Department of Processing Agro-Forestry-Fishery Products and Salt;

b) Sub-departments of Crop Production and Plant Protection; Sub-departments of Livestock Production and Animal Health; Sub-departments of Forest Warden; Sub-departments of Fisheries; Sub-departments of Irrigation; Sub-departments of Rural Development; Sub-departments of Agro - Forestry - Fishery Quality Assurance.

Article 4. Organizational structure of the Ministerial Inspectorate

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The Chief Inspector is appointed or dismissed by the Minister of Agriculture and Rural development upon the unanimity with the Inspector-General.

The Vice-Chief Inspector is appointed or dismissed by the Minister of Agriculture and Rural development upon the request of the Chief Inspector. Vice-Chief Inspector shall assist the Chief Inspector to carry out tasks according to the assignment of the Chief Inspector.

2. The Ministerial Inspectorate is divided into different offices to carry out the assigned tasks. The Minister of Agriculture and Rural development shall decide on the establishment of divisions under the management of the Ministerial Inspectorate.

3. The Ministerial Inspectorate has its own seal and account.

Article 5. Tasks and power of the Ministerial Inspectorate

The Ministerial Inspectorate has tasks and powers specified in Article 18 of the Law on Inspection and Article 7 of Decree No. 86/2011/ND-CP dated September 22, 2011 and the following tasks and powers:

1. Preside over or contribute in the formulation of legislative documents under the assignment of the Minister of Agriculture and Rural development.

2. Welcome and work with citizens, handle complaints and denunciations and perform the prevention and fighting against corruption according to law.

3. Provide professional training for inspectors, officials assigned to perform the function of specialized inspection and inspecting collaborators.

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5. Consolidate and report the results of inspection, citizen reception, complaint and/or denunciation handling and anti-corruption under the management of the Ministry of Agriculture and Rural development.

6. Request Services’ Inspectorates to send reports on specialized inspection under the management of the Ministry of Agriculture and Rural development.

7. Consolidate and learn from experience of the inspection of the agriculture and rural development sector.

8. Other tasks and powers as prescribed in law.

Article 6. Tasks and power of the Ministerial Chief Inspector

The Ministerial Chief Inspector has tasks and powers specified in Article 19 of the Law on Inspection and Article 8 of Decree No. 86/2011/ND-CP and the following tasks and powers:

1. Assist the Minister of Agriculture and Rural development to direct, expedite and conduct inspection of agencies directly under the management of the Minister of Agriculture and Rural development in the citizen reception, complaint and/or denunciation handling and anti-corruption; execute decisions on complaint and/or denunciation handling which are legally effective.

2. Inspect the responsibility of Heads of agencies and units falling within the management of the Ministry of Agriculture and Rural development in the implementation of law on inspection, citizen reception, complaint and/or denunciation handling and anti-corruption.

3. Send the Minister of Agriculture and Rural development and the Inspector-General reports on the inspection, citizen reception, complaint and/or denunciation handling and anti-corruption within their responsibility.

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5. Other tasks and powers as prescribed by law.

Article 7. Organizational structure of Services’ Inspectorates

1. Services’ Inspectorates include Chief Inspectors, Vice-chief Inspectors, Inspectors and other officials.

The Chief Inspector is appointed or dismissed by the Director of the Service of Agriculture and Rural development upon the unanimity with the Chief Inspectors of provinces.

The Vice-Chief Inspector is appointed or dismissed by the Director of the Service of Agriculture and Rural development upon the request of the Chief Inspectors.

2. Every Service’ Inspectorate has its own seal and account.

Article 8. Tasks and powers of Services’ Inspectorates

Services’ Inspectorates have tasks and powers specified in Article 24 of the Law on Inspection and Article 13 of Decree No. 86/2011/ND-CP and the following tasks and powers:

1. Welcome and work with citizens, handle complaints and denunciations and perform the prevention and fighting against corruption according to law.

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3. Consolidate and report the results of inspection, citizen reception, complaint and/or denunciation handling and anti-corruption under the management of the Service of Agriculture and Rural development.

4. Other tasks and powers as prescribed by law.

Article 9. Tasks and powers of Services’ Chief Inspectors

Services’ Inspectorates have tasks and power specified in Article 25 of the Law on Inspection and Article 14 of Decree No. 86/2011/ND-CP and the following tasks and powers:

1. Send the Directors of the Services of Agriculture and Rural development, Chief Inspectors of provinces and the Ministerial Chief Inspector reports on the inspection within their responsibility.

2. Inspect the responsibility of Heads of agencies and units falling within the management of Services of Agriculture and Rural development for the implementation of law on inspection, citizen reception, complaint and/or denunciation handling and anti-corruption.

3. Other tasks and powers as prescribed by law.

Article 10. Tasks and powers of agencies assigned to perform the function of specialized inspection under the management of the Ministry of Agriculture and Rural development

Agencies affiliated to the Ministry of Agriculture and Rural development which are assigned to perform the function of specialized inspection shall have tasks and powers specified in Clause 1 Article 10 of Decree No. 07/2012/ND-CP dated February 09, 2012 by the Government and the following tasks and powers:

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2. Supervise, expedite and inspect the compliance with their inspection conclusions, motions or decisions.

3. Welcome and work with citizens, handle complaints and denunciations and perform the prevention and fighting against corruption within their competence according to law.

4. Consolidate and report the results of specialized inspection, citizen reception, complaint and/or denunciation handling and anti-corruption under their management to the Ministerial Inspectorate.

5. Other tasks and powers as prescribed by law.

Article 11. Tasks and power of Heads of agencies assigned to perform the function of specialized inspection under the management of the Ministry of Agriculture and Rural development

Heads of agencies assigned to perform the function of specialized inspection under the management of the Ministry of Agriculture and Rural development shall have tasks and powers specified in the Law on Inspection and Article 11 of Decree No. 07/2012/ND-CP and the following tasks and powers:

1. Preside over and monitor the conduct of inspection, citizen reception, complaint and/or denunciation handling and anti-corruption within their responsibility.

2. Decide on inspection upon the discovery of violation or at the request of the Minister of Agriculture and Rural development and/or the Ministerial Chief Inspector.

3. Decide on the establishment of Inspection teams according to plans approved by the Minister of Agriculture and Rural development.

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5. Other tasks and powers as prescribed by law.

Article 12. Advisory divisions of specialized inspection

1. The advisory division of specialized inspection of the General Directorate affiliated to the Ministry of Agriculture and Rural development is operated in the model of a department and those of Departments affiliated to the Ministry of Agriculture and Rural development are operated in the model of offices.

2. The advisory division of specialized inspection of a Sub-department affiliated to a Service of Agriculture and Rural development is operated in the model of an office, unless the Sub-department is not divided into offices.

Chapter III

INSPECTION ACTIVITIES

Section 1. ADMINISTRATIVE INSPECTION

Article 13. Contents and subjects of administrative inspection

Inspectorate of the Ministry of Agriculture and Rural development and Inspectorates of Services of Agriculture and Rural development are in charge of inspecting the compliance with policies, laws, tasks and powers of agencies, organizations and individuals specified in Clause 1 Article 2 of this Decree.

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The power to decide on the administrative shall be in accordance with provisions of Article 43 of the Law on Inspection, Article 19 and Article 20 of the Decree No. 86/2011/ND-CP.

Article 15. Procedures for administrative inspection

The administrative inspection shall comply with procedures specified in Articles 44 to 50 of the Law on Inspection and Articles 19 to 31 of the Decree No. 86/2011/ND-CP.

Section 2. OPERATION OF SPECIALIZED INSPECTION

Article 16. Subjects of specialized inspection

Subjects of specialized inspection are agencies, organizations and individuals specified in Clause 2 Article 2 of this Decree.

Article 17. Contents of specialized inspection in the field of irrigation, dikes, disaster prevention and control, fresh water and rural environment hygiene

Inspect the compliance with specialized law provisions on irrigation planning, development and protection of irrigation and dike works, disaster prevention and control, fresh water and rural environment hygiene under the management of the Ministry of Agriculture and Rural development and other contents as prescribed by law.

Article 18. Contents of specialized inspection in the field of forestry

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Article 19. Contents of specialized inspection in the field of fisheries

Inspect the compliance with specialized law provisions related to the preservation and development of aquatic resources, aquaculture, aquatic breeds, aquatic feed and aquacultural environment processing and improving products under the management of the Ministry of Agriculture and Rural development and other contents as prescribed by law.

Article 20. Contents of specialized inspection in the field of farming

Inspect the compliance with specialized law provisions related to farming, agricultural plant varieties, utilization of agricultural land, organic and other fertilizers under the management of the Ministry of Agriculture and Rural development and other contents as prescribed by law.

Article 21. Contents of specialized inspection in the field of plant protection and quarantine

Inspect the compliance with specialized law provisions related to plant protection and quarantine and pesticides under the management of the Ministry of Agriculture and Rural development and other contents as prescribed by law.

Article 22. Contents of specialized inspection in the field of animal raising

Inspect the compliance with specialized law provisions related to animal raising, agricultural animal varieties, animal feed, environmental protection in animal raising, preparations for processing and improving the raising environment under the management of the Ministry of Agriculture and Rural development and other contents as prescribed by law.

Article 23. Contents of specialized inspection in the field of veterinary medicine

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Article 24. Contents of specialized inspection in the field of agro - forestry - fishery quality assurance

Inspect the compliance with specialized law provisions related to the field of agro - forestry - fishery quality and safety during the production, collection, preparation, processing, storage, transport and trade under the management of the Ministry of Agriculture and Rural development and other contents as prescribed by law.

Article 25. Contents of specialized inspection in the field of agro-forestry-fishery products and salt processing

Inspect the compliance with specialized law provisions related to the processing and storage of agro-forestry-fishery products, agricultural electromechanics, development of rural trade villages and salt industry under the management of the Ministry of Agriculture and Rural development and other contents as prescribed by law.

Article 26. Contents of specialized inspection in the field of investment and construction management

Inspect the compliance with specialized law provisions related to the establishment, appraisal and approval of pre-feasibility study reports and feasibility reports, investment decision, decision on approval for engineering designs, general estimates, construction drawings, estimates; the selection of contractors; the conduct of contracts, the acceptance activities, the payment, finalization and transfer of constructions; the monitoring and general assessment of plans falling within the management of the Ministry of Agriculture and Rural development and other contents as prescribed by law.

Article 27. Contents of specialized inspection in the field of cooperatives and rural development

Inspect the compliance with specialized law provisions related to the cooperatives in agriculture, population division and stabilization, population resettlement and agricultural development under the management of the Ministry of Agriculture and Rural development and other contents as prescribed by law.

Article 28. Power to decide on specialized inspection

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Article 29. Procedures for specialized inspection

The specialized inspection shall comply with procedures specified in Articles 52 to 56 of the Law on Inspection and Articles 16 to 28 of the Decree No. 07/2012/ND-CP.

Section 3. PLANS ON INSPECTION AND HANDLING OF OVERLAPPING IN SSPECTION; REPORTING ON INSPECTION ACTIVITIES

Article 30. Formulation and approval for specialized inspection plans

1. Pursuant to the orientation of the inspection plans, the guidance of the Inspector-General and the management requirements, the Ministerial Inspectorate shall preside over and cooperate with General Directorates and Departments affiliated to the Ministry of Agriculture and Rural development in formulating and sending the inspection plans to the Minister of Agriculture and Rural development not later than the 15^th of every November. The Minister of Agriculture and Rural development shall review and grant approval for the inspection plans not later than then 25^th of every November.

2. Pursuant to the inspection plans of the Inspectorate of the Ministry of Agriculture and Rural development and Inspectorates of provinces and the management requirements, Chief Inspectors of Services shall preside over and cooperate with Directors of Sub-departments affiliated to Services of Agriculture and Rural development in sending inspection plans to Directors of Services of Agriculture and Rural development not later than the 05^th of every December. Directors of the Service of Agriculture and Rural development shall review and grant approval for inspection plans not later than the 15th of every December.

3. The inspection plans specified in clauses 1 and 2 of this Article shall be also sent to inspecting subjects and relevant agencies and organizations.

Article 31. Handling of overlapping in inspection activities

1. In case of any overlapping between the inspection plans of inferior officers and those of superior offices, the ones of the superior offices shall be applied.

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3. Chief Inspectors of Services shall request Chief Inspectors of provinces to handle the overlapping in inspection with inspection authorities of local areas.

Article 32. Duration of inspection

1. Duration of inspection conducted by administrative inspection teams shall comply with Article 45 of the Law on Inspection.

2. Duration of inspection conducted by specialized inspection teams shall comply with Article 16 of Decree No. 07/2012/ND-CP.

3. Duration of independent specialized inspection shall comply with Article 30 of Decree No. 07/2012/ND-CP.

Article 33. Re-inspection

1. Power to conduct re-inspection

a) The Ministerial Chief Inspector shall have the power to decide on re-inspection of cases which have been concluded by Heads of agencies assigned to perform the function of specialized inspection under the management of the Ministry of Agriculture and Rural development or Presidents of the People’s Committees of provinces which are under the management of the Ministry of Agriculture and Rural development if discovering any violation against law and assigned by the Minister of Agriculture and Rural development.

b) Chief Inspectors of Services shall have the power to decide on re-inspection of cases which have been concluded by Heads of agencies assigned to perform the function of specialized inspection under the management of Services of Agriculture and Rural development if discovering any violation against law and assigned by Directors of Services of Agriculture and Rural development.

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Article 34. Reporting on inspection activities

1. The Ministerial Inspectorate shall consolidate and send the Minister of Agriculture and Rural development and the Inspector-General reports on the inspection, citizen reception, complaint and/or denunciation handling and anti-corruption within their responsibility.

2. The General Directorate and Departments affiliated to the Ministry of Agriculture and Rural development shall send to the Ministerial Inspectorate reports on the inspection, complaint and/or denunciation handling and anti-corruption within their competence.

3. Services’ Inspectorates shall send to Chief Inspectors of provinces, Directors of Services of Agriculture and Rural development and the Ministerial Chief Inspector reports on the inspection, complaint and/or denunciation handling and anti-corruption within their competence.

4. Sub-departments assigned to perform the function of specialized inspection which are affiliated to Services of Agriculture and Rural development shall send the Services’ Inspectorates reports on specialized inspection within their competence.

5. Time limit for collecting data and sending reports on the inspection, citizen reception, complaint and/or denunciation handling and anti-corruption shall comply with regulations of the Government Inspectorate.

6. After receiving inspection conclusions from the Government Inspectorate and Inspectorates of relevant Ministries and regulatory bodies and/or audit reports from the State Audit Body, Heads of agencies and units affiliated to the Ministry of Agriculture and Rural development and investors of projects using the state budget managed by the Ministry of Agriculture and Rural development shall make and send photocopies of such conclusions and reports to the Ministerial Inspectorate not later than 05 days from the date of receipt of such documents.

Chapter IV

INSPECTORS, PEOPLE ASSIGNED TO CONDUCT SPECIALIZED INSPECTION AND INSPECTING COLLABORATORS

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1. Inspectors of the agriculture and rural development sector are officials of the Ministerial Inspectorate or Services' Inspectorates appointed to the rank of inspector to perform inspection tasks according to law and other tasks as assigned by the Ministerial Chief Inspector and Services’ Chief Inspectors.

2. Inspectors of the agriculture and rural development sector are eligible for interests of officials and public employees as prescribed in the Law on Official and Public Employees; eligible for wages, seniority pay and responsibility allowances applicable for inspecting officials and other peculiar policies according to law and are provided with inspection costumes, inspection cards, insignia and signboards.

Article 36. Officials assigned to conduct specialized inspection

1. Officials assigned to conduct specialized inspection (hereinafter referred to as specialized inspection officials) must satisfy requirements specified in Article 12 of Decree No. 07/2012/ND-CP and other requirements prescribed by the Minister of Agriculture and Rural development.

2. Specialized inspection officials shall wear official’s costumes and cards and shall be provided inspection allowances. Specialized inspection official’s costumes and cards shall be regulated by the Minister of Agriculture and Rural development.

Article 37. Inspecting collaborators of the agriculture and rural development sector

1. Inspecting collaborators of the agriculture and rural development sector shall be convened by the Ministerial Inspectorate or Services’ Inspectorates to participate in the inspection teams.

2. Inspection collaborators are not on the payroll of state inspectorates and have good moral qualities and responsibility and professional skills suitable for the requirements and tasks of the convening agencies. Inspection collaborators must comply with law on inspection during the conduct of missions.

3. Tasks, powers and policies applicable to inspecting collaborators of agriculture and rural development shall be in accordance with law.

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Inspectorates of the agriculture and rural development sector shall have head offices equipped with facilities and equipment specialized for the inspection according to the standards and requirements specified by law. Depending on specific field, inspectors and specialized inspection officials shall be equipped with technical equipment and assisting tools to perform the assigned tasks.

Article 39. Funding for inspection activities

1. Funding for the inspection activities of the agriculture and rural development sector shall be provided by the State budget and other funding sources according to law.

2. The formulation of estimates, the management, use and finalization of funding shall be in accordance with law.

Chapter V

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS IN INSPECTION OF AGRICULTURE AND RURAL DEVELOPMENT SECTOR

Article 40. Minister of Agriculture and Rural development

1. Conduct and direct inspection activities under the management of the Ministry of Agriculture and Rural development.

2. Grant approval for inspection plans of the Ministry and/or agencies assigned to perform the function of specialized inspection under the management of the Ministry of Agriculture and Rural development.

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4. Promptly solve difficulties regarding the inspection; handle overlapping in the inspection under their management.

Article 41. Responsibilities of Presidents of the People’s Committees of provinces

1. Direct the Service of Agriculture and Rural development to cooperate with Services of Internal Affairs in completing the organization to ensure the inspection activities of Inspectorates of Services of Agriculture and Rural development.

2. Direct specialized agencies of People's Committees of provinces to cooperate with Services of Agriculture and Rural development conducting inspections of the Agriculture and Rural development sector in local areas.

3. Direct Provincial Inspectorates to provide Services of Agriculture and Rural development with training in administrative inspection, citizen reception, complaint and/or denunciation handling and anti-corruption.

Article 42. Responsibilities of Directors of Services of Agriculture and Rural development

1. Conduct and direct inspection activities under the management of Services of Agriculture and Rural development.

2. Direct the formulation and approval for inspection plans of Services of Agriculture and Rural development and agencies affiliated to Services of Agriculture and Rural development.

3. Promptly handle conclusions and proposals related to the inspection.

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5. Promptly solve difficulties regarding the inspection; handle overlapping in the inspection under their management.

6. Direct Services’ Inspectorates to cooperate with Sub-departments assigned to perform the function of specialized inspection to formulate and send the regulations on cooperation in specialized inspection to Directors of Services of Agriculture and Rural development for approval.

Article 43. Cooperation between inspectorates of the agriculture and rural development sector and other agencies and organizations

1. Inspectorates of the Ministry of Agriculture and Rural development shall cooperate with units affiliated to the Government Inspectorate or Inspectorates of Ministries or sectors and agencies assigned to perform the function of specialized inspection affiliated to Provincial Inspectorates or Services of Agriculture and Rural development and relevant agencies in the inspection, citizen reception, complaint and/or denunciation handling and anti-corruption.

2. Inspectorates of Services of Agriculture and Rural development shall cooperate with Inspectorates of the Ministry of Agriculture and Rural development, Provincial Inspectorates, Services’ Inspectorates and specialized inspectorates of provinces and Districts’ Inspectorates in the inspection, citizen reception, complaint and/or denunciation handling and anti-corruption.

3. Inspectorates of the agriculture and rural development sector shall, within their tasks and power, cooperate with other relevant agencies and organizations in the inspection, citizen reception, complaint and/or denunciation handling and the prevention, discovery and handling of legal violations.

Chapter VI

IMPLEMENTARY CLAUSE

Article 44. Effect

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Article 45. Implementation

1. The Minister of Agriculture and Rural development shall be responsible for guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Presidents of People’s Committees of provinces and heads of relevant entities are responsible for implementing this Decree./.

ON BEHAFT OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung