Sat, Dec 03, 2022, 10:24:00
Ms. Loan asked, does the current system of Agricultural Service Centers keep the status quo or is it divided into 3 stations to the branches under the Department of Agriculture and Rural Development as before?
If not separated, she suggested the competent authority to soon issue guidance on functions, duties, and employment positions for the Center.
Many officials currently perform functions and tasks of the crop and veterinary sectors but are not entitled to 10% of the sector allowance (specifically those holding the rank of agricultural extension officer). Ms. Loan requested the competent authority to study and amend the previous regulations on sectoral allowances for staff who perform industry tasks but are not entitled to sectoral allowances.
The Ministry of Agriculture and Rural Development responded to this issue as follows:
About the stations under the Department of Agriculture and Rural Development: According to the provisions of the Law on Veterinary Medicine, Decree No. 35/2016/ND-CP dated May 15, 2016 of the Government detailing a number of Articles of the Law on Veterinary Medicine, the system of veterinary management agencies includes:
(1) Central level: Department of Animal Health under the Ministry of Agriculture and Rural Development;
(2) Provincial level: Sub-departments with specialized veterinary management function under the Departments of Agriculture and Rural Development of provinces and centrally run cities;
(3) District level: The station under the branch with the function of specialized management of veterinary medicine is located in the district, town, or city of the province.
According to the provisions of the Law on Plant Protection and Quarantine, Decree No. 116/2014/ND-CP dated December 4, 2014 of the Government detailing a number of articles of the Law on Plant Protection and Quarantine system. The system of specialized management agencies for plant protection and quarantine includes:
(1) Central level: Specialized plant protection and quarantine agency under the Ministry of Agriculture and Rural Development;
(2) Provincial level: Provincial agency specialized in plant protection and quarantine under the Department of Agriculture and Rural Development;
(3) District level: The district-level specialized plant protection and quarantine agency is directly under the provincial-level specialized plant protection and quarantine agency, performing assigned tasks in the district-level area.
The pilot establishment of the District Agricultural Service Center
Regarding the authority to establish organizations and reorganize organizations: Clauses 1, 2, 3, Article 12 of Decree No. 24/2014/ND-CP dated April 4, 2014 of the Government stipulating the organization of specialized agencies Subjects under the People's Committees of provinces and centrally run cities are amended and supplemented in Decree No. 107/2020/ND-CP dated September 14, 2020 of the Government, stipulating:
"Article 12. Provincial People's Committee
1. To specify the functions, tasks and powers of the Department in accordance with the guidance of the line ministries; decide on the organizational structure and number of Deputy Directors of the Department in accordance with the requirements of state management of the sector and field in the locality and the criteria specified in this Decree.
2. To prescribe functions, tasks and powers of provincial-level branches in accordance with the guidance of line ministries; decide on the establishment of the branch under the department and the organizational structure of the branch under the department according to the provisions of this Decree.
3. To decide on the establishment, reorganization and dissolution of the public administrative units under the department in accordance with law, ensuring compliance with the planning on the network of public administrative units according to the sectors and fields covered by the Department. The Prime Minister approves and guides the line ministries and the Ministry of Home Affairs.
Clause 1, Article 2 of Decree No. 107/2020/ND-CP dated September 14, 2020 of the Government, stipulating:
"1. Localities have piloted consolidation and merger of specialized agencies according to the Conclusion No. 34-KL/TW dated August 7, 2018 of the Politburo on the implementation of a number of pilot models under the guidance of the Politburo. Resolution No. 18-NQ/TW dated October 25, 2017, summarizing the pilot implementation at the request of competent authorities.
Thus, the review and pilot evaluation of consolidation and merger of specialized agencies on agriculture and rural development, stipulate the functions, tasks, powers and organizational structure of the Department of Agriculture and Rural Development. Rural Development and branches under the Department in accordance with the provisions of specialized laws under the decision competence of the People's Committee of the province.
While waiting for the Government to issue a Decree to replace Decree No. 15/2017/ND-CP stipulating the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development to have a basis for issuing decisions. Issue a Circular to replace Joint Circular No. 14/2015/TTLT-BNNPTNT-BNV of the Ministry of Agriculture and Rural Development - Ministry of Home Affairs guiding the functions, tasks, powers and organizational structure of the agency expertise in agriculture and rural development under the People's Committees of provinces and districts and Circular No. 15/2015/TT-BNNPTNT dated March 26, 2015 of the Ministry of Agriculture and Rural Development guiding the tasks of sub-departments and non-business organizations under the Department of Agriculture and Rural Development, request localities to continue to comply with the provisions of Joint Circular No. 14/2015/TTLT-BNN-BNV, Circular No. 15/ 2015/TT-BNNPTNT.
Regarding the guidance on the functions, tasks and employment positions of the Agricultural Service Center: A system of specialized legal documents on agriculture and rural development without regulations on the organization of the Agricultural
Service Center. As a result, the Ministry of Agriculture and Rural Development does not have a legal basis to issue guidelines.
Currently, the Ministry of Agriculture and Rural Development has received reports from a number of provinces that have piloted the dissolution of Cultivation and Plant Protection Stations, Livestock and Veterinary Services Stations to establish Service Centers. district level agriculture, in which the dissolution of the Stations to establish the Agricultural Service Center leads to many difficulties and obstacles in the work of quarantine, investigation, detection and prevention of plant pests, animal epidemics, slaughter control, veterinary hygiene, handling of violations in the fields of cultivation, plant protection, animal husbandry, veterinary medicine... according to the provisions of the Law on Cultivation, Law on Protection and Plant Quarantine, Law on Livestock, Law on Veterinary Medicine, relevant laws and propose to maintain or re-establish stations under sub-departments under Department of Agriculture and Rural Development to perform house management tasks. country and enforce the law on the field under the management of the Department in the district in accordance with the provisions of specialized laws.
The Ministry will review and synthesize opinions of localities to propose and propose to competent agencies according to regulations.
The implementation of special allowances for agricultural extension officers
As for the complaint, many officials currently do the functions and tasks of the horticulture and veterinary sectors but are not entitled to 10% of the industry allowance (specifically those holding the rank of agricultural extension officer). Proposing to study and amend the previous regulations on sectoral allowances for staff performing sectoral duties but not receiving sectoral allowances, the Ministry of Agriculture and Rural Development would like to reply as follows:
Over the past time, agricultural extension officers in general and agricultural extension officers at district level in particular have actively performed their duties at the local and grassroots levels; contribute to the transfer of technical advances, information, knowledge dissemination and skill training for farmers, improving capacity and efficiency of agricultural production and business, environmental protection and new rural construction.
However, in the spirit of implementing Resolution No. 27-NQ/TW dated May 21, 2018 of the 12th Central Committee on reforming salary policy for cadres, civil servants and public employees, armed forces and employees in enterprises and the provisions of Point b, Clause 8, Section II of the Prime Minister's Decision No. 2276/QD-TTg dated December 31, 2020 on the promulgation of the Master Program of the Government on thrift practice and anti-waste in 2021: "Building a new salary regime in the spirit of Resolution No. 27-NQ/TW of the 12th Central Committee of the Communist Party. Rearrange allowance regimes current, do not add new allowances according to occupation".
Therefore, the construction of special allowances for officials doing agricultural extension work is done in accordance with the above regulations.
