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Task Function

THE GOVERNMENT

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                SOCIALIST REPUBLIC OF VIETNAM
               Independence – Freesom - Happiness
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No.: 36/2017/NĐ-CP

Hanoi, 04 April 2017

 

DECREE

Defining functions, tasks, powers, and organizational structure of

the Ministry of Natural Resources and Environment

 

Pursuant to the Law on the Organization of the Government dated 19th June 2015;

Pursuant to Decree 123/2016/ND-CP of the Government dated 5 November 2002 on functions, tasks, powers and organizational structure of ministries and ministerial-level bodies;

Upon the proposal of the Minister of Natural Resources and Environment;

The Government promulgates a Decree defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment.

 

Article 1 Position and functions

The Ministry of Natural Resources and Environment is an agency of the Government, performing the function of state management in the fields of: land; water resources; mineral resources and geology; environment; meteorology and hydrology; climate change; survey and mapping; integrated management and protection of natural resources and environment of seas and islands; remote sensing; state management of public services in the fields of the Ministry's management.

Article 2 Tasks and powers

The Ministry of Natural Resources and Environment shall be responsible to implement the duties and authority stipulated in Decree 123/2016/ND-CP of the Government dated 01 September 2016 2007 on functions, duties, authority and organizational structure of ministries and ministerial equivalent bodies, and shall have the following specific tasks and powers:

1. To submit to the Government laws, draft resolutions of the National Assembly; draft ordinances, draft resolutions of the National Assembly Standing Committee; draft Government decrees according to the Ministry's annual approved law-making programs and plans and other resolutions, mechanisms, policies, projects, schemes and legal documents of within the ministry's state management scope as assigned by the Government and the Prime Minister.

2. To submit to the Government and the Prime Minister for approval and organize the implementation of long-term, medium-term, annual development strategies, plannings and plans, and important national programs, projects and works in their respective sectors, areas under the Ministry's management.

3. To submit to the Prime Minister draft decisions, directives and other documents under the promulgating competence of the Prime Minister

4. To approve strategies, plannings and programs on development of sectors under the Ministry's state management, investment projects as decentralized and authorized by the Government and the Prime Minister; inspect and guide the implementation after its approval.

5. To promulgate circulars, decisions, directives and other documents on state management of branches and sectors under its management; direct, guide, inspect and organize the implementation of legal documents under the Ministry's management; propaganda, disseminate and educate laws on natural resources and environment; develop national standards, promulgate national technical regulations, economic-technical norms in the sectors under the Ministry's state management.

6. Regarding land resources:

a) To guide, inspect and organize the implementation of policies, laws, strategies, plannings, plans, programs, schemes and projects on land management and use after they are approved by competent authorities;

b) To develop and adjust land use planning, plans on at national, regional levels and manage them after being approved by the National Assembly; evaluate land use plannings and plans of provincial-level People's Committees; appraise land use planning and plans for national defense and security purposes, change the purpose of use of rice cultivation land, protective forest land or special-use forest land according to regulations; give written comments on the content of land use in the planning of sectors and fields that use land, and contents of land for investment projects in accordance with law;

c) To guide the land fund allocation for real estate market development in land use plannings and plans;

d) To guide and inspect the survey, measurement, making cadastral maps, land use status maps and land use planning maps; develop and adjust land use plannings and plans; land allocation, land lease, land recovery, change of land use purpose; registration of land use rights, ownership of houses and other land-attached assets; develop and manage cadastral records, build land databases; grant certificates of land use rights, ownership of houses and other land-attached assets; the performance of rights and obligations of land users in accordance with law;

dd) To take the lead and coordinate with the concerned ministries and branches in elaborating principles and methods of land price determination and submit them to the Government for promulgation or to submit to competent agencies for promulgation; guide the formulation and adjustment of land price tables and specific land prices according to the provisions of land legislation; make land price mapping; elaborate, synthesize and provide data and information on specific land price frames, land price lists and specific land prices;

e) To guide, inspect the land acquisition, develop the land fund, manage the recovered land fund; the auction of land use rights and management of land use in bidding of land use projects must comply with the provisions of law;

g) To guide, inspect and organize the implementation of the provisions of the law on compensation, support and resettlement when the State recovers land; guide the determination of land users who are entitled to compensation, support or non-compensation, or non-assistance; verifying the compensation, support and resettlement policy framework when the State recovers land for investment projects decided by the National Assembly on investment policies, the Prime Minister approving investment policies but having to relocate the whole community, affecting the entire life, socio-economy, cultural traditions of the community, land acquisition projects involving many provinces and centrally-run cities;

h) To release and manage the forms of certificates of land use rights, ownership of houses and other land-attached assets;

i) To make make regular or irregular land statistics and inventory plans and submit them to competent agencies for approval and organize the implementation thereof after they are approved; guide, inspect and carry out land statistics and inventory within its competence;

k) To develop a master plan on land survey and evaluation and land use efficiency and submit it to the competent authority for approval and organize its implementation after it is approved;

l) To construct and uniformly manage the land information system nationwide; manage the development, update and exploitation of the national land database;

m) To establish a monitoring and evaluation system of land management and use; manage and organize the operation of the system of monitoring and evaluation of land management and use at the central level; guide and inspect the management and operation of local land management and land use monitoring and evaluation systems;

n) To direct and guide the settlement of complaints and land disputes in accordance with the law;

o) To manage and guide public service activities in the field of land; grant land practicing certificates according to the provisions of law.

7. Regarding water resources:

a) To guide, inspect and organize the implementation of policies, laws, strategies, plannings, plans, programs, schemes and projects on pollution prevention, degradation, depletion of water sources and restoration of polluted, exhausted water sources, cope with incidents of water sources pollution in order to ensure the integrated, multi-purpose, economical and efficient use of water sources in river basins under the Ministry's management after being decided and approved by competent authorities;

b) To make master plan on basic survey on water resources, planning on general water resources of the whole country; organize the elaboration and approval of master plans on water resources in inter-provincial river basins, inter-provincial water sources and organize the implementation thereof after they are approved; give written comments on the planning of water resources of the provinces or centrally run cities; approve contents related to exploitation, use, protection of water resources and prevent and overcome consequences and harms caused by water, for planning on irrigation, hydropower, water supply and waterway transport inland and other plannings on exploitation and use of water resources made by ministries, ministerial-level agencies and activities related to water exploitation, use and protection according to their competence; evaluate river basin water transfer projects;

c) To classify inter-provincial water sources according to the degree of pollution and exhaustion; draw up a plan to regulate and distribute water resources to restore inter-provincial water sources polluted, degraded and depleted, and organize the implementation thereof after it is approved by competent authorities; guide and inspect the implementation of plans on regulating and distributing water resources, plans to prevent and combat degradation and depletion of water sources in construction, production, business and service activities according to the provisions of law;

d) Cataloge interprovincial river basin; make and promulgate lists of inter-provincial river basins, list of inter-provincial and inter-country water sources;

dd) To zone and publicize restricted areas, areas restricted from underground water exploitation, areas requiring artificial supplementation of underground water, minimum flow, underground water exploitation threshold according to law provisions; guide the implementation of the regulations on the establishment and management of water source protection corridors according to law provisions; identify and publicize the sanitary protection area where the water is used for daily life;

e) To organize the model of economical and efficient use of water; disseminating and propagating models, technologies and water-saving devices; guide the implementation of regulations on preferences for economical and efficient water use;

g) To prepare and adjust the process of inter-reservoir operation in the river basins according to the list of reservoirs to build inter-reservoir operation process and guide the implementation after it is issued; guide the implementation of regulations on monitoring and supervising activities of exploiting and using water resources, discharging waste water into water sources in river basins; appraise reservoir construction projects on meeting requirements for protection, exploitation, general and multi-use use of water resources and conformity with water resources planning;

h) To guide, inspect and implement measures to maintain the minimum flow of rivers, ensure the efficient and comprehensive exploitation and use of water sources in river basins for reservoirs and the protection of the beds, river bank, ensuring the circulation of the flow; the observance of standards and technical regulations on safety, prevention of and combat against land subsidence in water exploration, exploitation and use according to law provisions; direct the implementation of measures to restrict land subsidence (excluding irrigation works, dikes, natural disaster prevention and control) in water exploration, exploitation and use according to law provisions;

i) To carry out the basic investigation of water resources of the whole country; sum up the results of basic surveys, the situation of exploitation, use and protection of water resources by ministries, branches and localities; inventory, evaluate and forecast water resources; building and managing the system of observation, supervision of water resources, exploitation, use of water and discharging sewage into water sources for inter-provincial river basins, inter-provincial and inter-national water sources; develop, manage and exploit national water information systems and databases; manage, store, publicize and provide information and data on water resources, situation of exploitation and use of water resources, water scarcity, lack of water in river basins and measures to regulate water resources secretion, allocation and economical water use;

k) To guide, inspect and organize the granting, extension, adjustment, suspension, revocation and re-grant of licenses for exploration, exploitation and use of water resources, discharge of wastewater into water sources and practice drilling underground water; approve the transfer of rights to exploit water resources according to the law provisions;

l) To solve problems and disagreements arising in the water resources exploitation and use, discharging sewage into water sources in cases under their licensing competence or other problems related to water resources among provinces and centrally-run cities;

m) To act as a national focal point for exchanging information related to inter-country water sources and participating in international organizations and forums on river basins; guide and inspect the implementation of international conventions, treaties and agreements on water resources to which the Socialist Republic of Vietnam is a signatory;

n) To monitor, supervise and summarize the situation of inter-country water sources, promptly report and propose the Government and the Prime Minister to handle matters to ensure the rights and interests of Viet Nam;

o) Act as the standing body of the Vietnam Mekong River Commission, the National Council on Water Resources and the River Basin Committees.

8. Regarding Geology and Mineral Resources:

a) To guide, inspect and organize the implementation of strategic policies, laws, plannings, plans, programs, schemes and projects on geology and minerals, hydrogeology, engineering geology, geological variables, geological heritage, geological parks after being decided and approved by competent authorities;

b) To develop and organize the implementation of mineral strategies; master plan on basic geological surveys of minerals nationwide; to contribute written opinions on the planning of exploration, exploitation, processing and use of minerals developed by ministries, branches and localities;

c) To zone and announce areas of scattered, small mineral areas; zone and submit to competent authorities for ratification of national mineral reserve areas, areas where mineral mining rights are not auctioned; sum up the delineation of areas without auction of mineral exploitation rights, areas banned from or temporarily banned from mineral activities under the jurisdiction of localities; appraise and submit to competent authorities for approval areas banned from mineral activities, areas temporarily banned from mineral activities under the management of provincial-level People's Committees;

d) To decide whether or not to exploit minerals in areas where exist national important projects and works under the National Assembly's decision-making investment policies or important projects or works under its under the deciding competence of the Government, the Prime Minister has been surveyed and assessed about minerals or has not been surveyed and assessed yet to find minerals.

dd) Research, basic geological survey of minerals, engineering geology; to stipulate the formulation, evaluation of projects, reports on basic geological surveys of minerals, reports on mineral exploration and exploitation; elaborate and guide the formulation of projects on geological heritage, geological conservation, networks of geological parks and geological disasters; guide to documenting, appraising and recognizing the title of geological heritage and geological park at national level;

e) To appraise schemes, projects and tasks of basic geological surveys of minerals and mineral exploration projects according to the law provisions; guide and organize the appraisal of reports on mineral exploration results and exploration to upgrade reserves; manage reserves and confirm mobilized reserves in mineral exploitation projects according to the provisions of law; direct the settlement of affairs related to the evaluation of national mineral reserves;

g) To carry out the registration of basic geological surveys of minerals; summing up the results of basic geological surveys of minerals and the situation of mineral activities; statistics and inventory of mineral reserves; build national database of geology and minerals; to publish and publish documents and information on basic geological surveys of minerals; management of geological and mineral information and samples;

h) To conduct auction of mining rights under its authority; determine the amount of mining right grant under the licensing authority of the Ministry of Natural Resources and Environment in accordance with the law on minerals;

i) To grant, extend, withdraw and approve the return of mineral exploration licenses and mineral exploitation permits; permit the transfer of mineral exploration rights and mining rights; approve the return of part of the area of mineral exploration and exploitation; approve the project of mine closure, decision of mineral mine closure in accordance with the law;

k) To examine the compliance with the contents of mineral exploration licenses and mineral exploitation licenses under the licensing competence of the Ministry of Natural Resources and Environment; control of mineral activities, basic geological surveys of minerals nationwide; monitor the compliance with the sustainable development policy for basic geological surveys of minerals, mineral activities, policies to protect the interests of localities and people where minerals are exploited; inspect and supervise in the process of construction of mineral exploration schemes under the approval authority of the Minister; inspect the calculation of charges for granting mineral rights, auction of mining rights in localities;

l) To act as the national focal point to join the Coordinating Committee for Geoscience Programs in East and Southeast Asia (CCOP); Vietnam National Committee for International Geoscience Program (IGCP); act as a national focal point for supporting the coordination and implementation of activities related to the development and management of UNESCO's Global Geopark Network.

9. Regarding environment:

a) To guide, inspect and organize the implementation of policies, laws, strategies, plannings, plans, programs, schemes, projects and inter-sectoral, inter-provincial, inter-regional and national tasks on protection environmental protection, environmental security and transboundary environmental issues after being decided and approved by competent authorities;

b) To develop and submit to competent agencies for promulgation national environmental indicators and system of environmental statistical indicators in accordance with law;

c) To guide and inspect the development and evaluation of environmental protection planning; organize the development, appraisal and planning of national environmental protection according to the law provisions;

d) To guide and inspect the evaluation of strategic environmental assessment reports, appraise and approve reports on environmental impact assessment, confirm environmental protection plans; provide technical guidance on strategic environmental impact assessments and make specialized environmental impact assessments; organize according to its competence the evaluation of strategic environmental impact assessment reports, appraise and approve environmental protection schemes, environmental impact assessment reports, issue certificates of completion of environmental protection facilities and certify satisfaction of environmental protection requirements for domestic solid waste and ordinary industrial solid waste treatment facilities in accordance with law;

dd) To guide, inspect and organize the control of pollution sources from production, business and service activities, including economic zones, industrial parks, export processing zones, hi-tech parks and complexes industries and trade villages according to the law provisions of law; provide guidance on environmental protection for chemicals, plant protection drugs, veterinary drugs, import scrap as used raw materials for production and dismantlement of ships; make a list of biological products used in preventing, reducing pollution and treating wastes, a list of biological products causing environmental pollution banned from import, and a list of scrap permitted for import; prevention and response to environmental incidents in accordance with the law;

e) To guide, inspect and organize the implementation of their competence in cataloging, thoroughly handling, certifying the completion of thorough treatment of establishments causing serious environmental pollution, and targeted support from budget for public-utility establishments according to the law provisions;

g) To guide, inspect and organize the implementation of waste management in accordance with the law; approve solid waste planning made by the Ministry of Construction; provide technical guidance and management procedures for sorting, storing, gathering, transshipment, transportation, preliminary processing, reuse, recycling, co-treatment, treatment and recovery of energy from waste ordinary solid, hazardous waste; recall and handle discarded products;

h) To  guide, inspect and organize the management of environmental quality of water, soil, air, river basins, islands, urban areas, rural areas, residential areas and public areas according to law regulations;

i) To guide, inspect and organize the implementation of its competence to investigate, evaluate, classify, renovate and restore the environment in polluted areas, to renovate and restore the environment in mineral exploitation; appraise and approve plans for environmental renovation and restoration in mineral exploitation activities according to the law provisions;

k) To guide, inspect and organize the implementation of environmental monitoring activities nationwide as prescribed by law; organize the implementation of the national environmental monitoring program; develop and manage the national environmental monitoring system; quality control, inspection, calibration, testing of environmental monitoring equipment in accordance with the law; manage environmental monitoring data, build a national database on environmental monitoring; publish the results of national environmental monitoring; provide professional guidance and technical support for managing environmental monitoring data;

l) To guide, inspect the development and publication of environmental status reports; organize and publish environmental status reports, thematic reports on national environment, publish and provide environmental information and data in accordance with law;

m) To guide and organize the appraisal, inspection and evaluation of works, equipment, models and technologies for environmental pollution treatment and waste treatment; guide and inspect the environmental assessment work according to the provisions of law; research and apply scientific and technological advances in the field of environmental protection and environmental technology development; develop and organize the implementation of programs and models on sustainable and environmentally friendly production and consumption;

n) To guide, inspect and organize the implementation of registration, certification, grant, re-grant, modification and revocation of environmental permits, certificates as prescribed by law;

o) To guide ministries, branches and localities on specialization and key tasks on environmental protection; summarize and balance the annual environmental non-business funding needs of the ministries, branches and localities; coordinate with the Ministry of Planning and Investment and the Ministry of Finance in the process of developing economic and financial mechanisms for environmental protection, summing up state budget estimates and annual central budget allocations for 03 years and 05 years in the field of environment; monitor and supervise the implementation of budgets in the field of environment in ministries, branches and localities;

p) To guide, inspect and organize the work of determining damage to the environment, responsibility to compensate for damage to the environment, deposit for environmental rehabilitation and restoration, environmental insurance in accordance with law; organize the management of Vietnam Environment Protection Fund; guide the organization and operation of environmental protection funds of branches, domains and localities; acting as the national focal point of the Global Environment Facility;

q) To take the lead in organizing the negotiation, signing and implementation of international treaties and participation in international environmental organizations and mobilization of international resources; organize coordination and implementation of international environmental cooperation projects, tasks as assigned by the Government.

r) To take the lead and coordinate with ministries, branches and localities in organizing the implementation of research activities and overcoming the consequences of toxic chemicals used by the US during the war in Viet Nam; handling, renovating and rehabilitating other polluted areas in accordance with the law provisions.

10. Regarding nature conservation and biodiversity:

a) To Guide, inspect and organize the implementation of policies, laws, strategies, plannings, plans, programs, projects, inter-sectoral, inter-provincial, inter-regional, national and inter-national missions to participate in biodiversity after being decided and approved by competent authorities;

b) To formulate and submit to competent agencies for promulgation national targets on biodiversity according to law provisions;

c) To provide guidance on basic surveys, inventory, provision, exchange and management of biodiversity information;

d) To develop and organize the implementation of a national master plan on biodiversity conservation; guide and inspect the formulation and evaluation of biodiversity conservation plannings of provinces and centrally run cities; appraise the compatibility of biodiversity conservation plannings of ministries and ministerial-level agencies with national biodiversity conservation master plans; guide the integration of biodiversity into socio-economic, sectoral and territorial development plans and strategies;

dd) To organize an interdisciplinary evaluation council for the establishment of a conservation area of two or more provinces or centrally-run cities; take the lead and coordinate with concerned People's Committees of provinces and centrally-run cities in elaborating projects and managing organizations after they are approved by competent authorities of national conservation areas and the world natural heritages as assigned by the Government; direct, guide the establishment and management of biodiversity corridors and provincial-level nature reserves in accordance with law;

e) To provide guidance and inspect the management of invasive alien species, biodiversity conservation facilities and conservation of species on the list of endangered precious and rare species prioritized for protection excluding plant varieties and animal breeds rearing in accordance with the law;

g) To instruct and inspect the long-term storage of genetic resources and genetic specimens of species prioritized protection; guide the management and supervision of access to genetic resources and traditional knowledge associated with genetic resources, using the benefits shared from the access to genetic resources managed by the State, traditional knowledge on genetic resources. genes; build and uniformly manage the national database on genetic resources, genetically modified organisms and genetic specimens of genetically modified organisms related to biodiversity; make a list of genetically modified organisms to be granted biosafety certificates;

h) To develop and submit to competent authorities for promulgation or promulgate according to its competence lists and programs of conservation of endangered precious and rare species prioritized for protection, excluding endangered, precious and rare plant varieties and animal breeds to be given priority for protection; list of invasive alien species; organize the compilation of Vietnam Red Book; guide biodiversity conservation in natural areas which are ineligible to establish conservation areas; guide to assess the potential for invasive species to invade the environment and biodiversity

i) To guide, develop and implement monitoring programs, statistics and management of monitoring data, databases on biodiversity; direct the development and uniform management of monitoring data and databases on biodiversity; assume the prime responsibility for making and publishing national reports on biodiversity; provide guidance for ministries, branches and localities in surveying and making reports on biodiversity;

k) To guide, inspect and organize the registration, recognition, grant and revocation of biodiversity licenses and certificates under their jurisdiction in accordance with law;

l) To provide guidance and inspect the payment of environmental services related to biodiversity;

m) To act as the national focal point for the implementation of international treaties on nature conservation and biodiversity as assigned by the Government; direct and guide the compilation of dossiers of nomination for recognition and management of wetlands of international importance according to the Ramsar Convention, ASEAN Heritage Gardens, the World Biosphere Reserve;

n) To take the lead in organizing the negotiation, signing and implementation of international treaties and participation in international organizations on nature conservation and biodiversity; mobilizing international resources, organizing coordination and implementation of international cooperation schemes, projects and tasks on nature conservation and biodiversity as assigned by the Government.

11. Regarding meteorology:

a) To provide guidance, inspect and organize the implementation of strategic policies, laws, plannings, plans, programs, schemes, projects and tasks on hydro-meteorology after being decided and approved by competent authorities;

b) To manage and organize the implementation of hydro-meteorological observation, investigation and survey activities; monitoring the operation of hydro-meteorological stations belonging to works requiring observation and provision of hydro-meteorological information and data; develop, manage and exploit the network of national hydro-meteorological observation stations, monitoring and positioning of lightning;

c) To organize the protection of hydro-meteorological technical corridors under the national network of hydro-meteorological stations;

d) To manage and organize the implementation of hydro-meteorological forecasting and warning activities; broadcasting forecasting information, warning on hydro-meteorology; building, managing and operating the national hydro-meteorological forecast and warning system; official broadcast of disaster warnings and disaster risk levels;

dd) Manage and organize the activities of storing, exploiting and using hydro-meteorological data; develop and manage the national hydro-meteorological database;

e) To evaluate the content of hydro-meteorology in planning, design of national key construction investment projects and in the construction planning and design of construction investment projects according to law regulations;

g) To grant, extend, suspend and withdraw licenses for hydro-meteorological forecasting and warning activities according to the law provisions;

h) To manage the quality of hydro-meteorological measuring instruments according to the law provisions;

i) To manage, guide and organize the implementation of activities in service of meteorology and meteorology in accordance with the law;

k) To approve and supervise the implementation of the weather impact plan according to its competence;

l) To act as the national focal point to join the World Meteorological Organization (WMO), the Storm Committee, the ASEAN Sub-Committee on Meteorology and Geophysics); act as a focal point to participate in international forums, to implement international treaties on hydro-meteorology as assigned by the Government.

12. Regarding survey, mapping and geographic information:

a) To provide guidance, inspect and organize the implementation of policies, laws, strategies, plannings, plans, schemes and key national projects on basic survey and mapping, specialized survey and mapping after being decided and approved by competent authorities;

b) To develop, update, manage and exploit geospatial data infrastructure, the national reference system, the national original survey data system, the national base survey point system, system of national satellite positioning stations, aerial photographic systems, national topographic map systems, seabed topographic map systems, national geographic information base database; issue list of place names shown on maps;

c) To publish and provide information and data on survey, mapping and geographic information according to the provisions of law;

d) To provide guidelines, inspect and organize the verification and testing of survey and mapping equipment according to national standards;

dd) To approve the necessity, scope and technical and technical solutions of survey and mapping contents in central budget-funded programs, schemes, projects and tasks, except for projects, tasks in the field of defense and security according to the law provisions;

e) To organize the granting, supplementation, renewal, re-issuance and revocation of survey and mapping licenses; inspect the implementation of the content of survey and mapping activities for licensed organizations and individuals; check the publication and distribution of maps; suspend the publication and direct the withdrawal of map publications in contravention of law; grant, withdraw and cancel certificates of free sale (CFS) of exported and imported products and goods in survey and mapping sector;

g) To establish, modify, publicize and distribute mapping products in accordance with law;

h) To organize survey, set up and update maps and administrative boundary dossiers in service of delimitation, division, merger and adjustment of administrative boundaries according to the provisions of law; appraise the representation of administrative boundaries on various types of maps before publishing;

i) To organize survey, making maps and documents to serve the negotiation, planning, demarcation, planting and management of national borders on land, sea, exclusive economic zone and shelf continent of Viet Nam; develop national border database; print and distribute all kinds of maps and documents related to Vietnam's national land borders, territorial waters, islands, exclusive economic zones and continental shelves of Viet Nam;

k) To act as the national focal point, coordinating to carry out international cooperation activities and exchanges in the field of survey, mapping and geographic information; participate in international organizations and forums on survey, mapping and geographic information as assigned by the Government.

13. Regarding integrated management of natural resources and protection of environment of seas and islands.

a) To provide guidelines, inspect and organize the implementation of strategies for sustainable exploitation and use of natural resources, and protection of the marine and island environment; policies and laws on general management of natural resources of sea and islands after being decided and approved by competent agencies;

b) To develop and submit to competent agencies for approval, adjustment and guidance for implementation of national sea use plannings and plans, overall planning on exploitation and sustainable use of natural resources in coastal zones and organize the implementation, inspection and supervision of the implementation after it is approved by competent state agencies; formulate and submit to the Prime Minister for approval a key program on basic surveys of natural resources and environment of the sea and islands, a program for general management of natural resources in coastal zones of inter-provincial scope, a list of island classification and organize the implementation after being approved according to the provisions of law;

c) To take the lead and coordinate with ministries, branches and People's Committees of provinces and centrally run cities which have sea in developing and submitting them to competent authorities for approval and organizing the implementation of programs, plans and schemes, projects and tasks of general management of natural resources of sea and islands as prescribed by law;

d) To participate in the evaluation of marine protected areas planning and schemes; participate in appraising projects and constructions of exploiting and using natural resources of sea and islands; provide evaluation opinions on schemes and projects within the competence to approve the ministries, branches and localities where the sea is related to the use of the reclaimed land fund as prescribed by law;

đ) To monitor and summarize the implementation of basic surveys on sea and islands throughout the country; provide opinions on programs, plans, schemes and projects on basic surveys of sea and islands of ministries, branches and localities according to law provisions; take the lead in developing and organizing the implementation of programs, schemes, projects and tasks of basic survey of key marine resources and environment as assigned by the Government;

e) Investigation, statistics, classification and management of island resources; records management of island resources; provide detailed regulations on documents on island resources, guide the preparation and management of documents on island resources;

g) To allocate, extend, withdraw, permit the return of a part or the entire maritime area, revise and supplement the decision to allocate the maritime area within its jurisdiction; settle petitions and problems related to the use of marine areas under its assigned competence according to the provisions of law; manage and guide the allocation of marine areas to exploit and use marine resources;

h) To grant, re-grant, extend, amend, supplement, suspend and withdraw licenses for scientific research for foreign organizations and individuals that conduct within Vietnamese territorial waters as prescribed by law; participate in evaluating, monitoring and synthesizing the implementation of marine scientific research programs and projects of ministries, branches and localities in accordance with law;

i) To grant, re-grant, extend, amend, supplement, permit the return and withdrawal of sea dumping permits according to their competence; supervise the dumping activities and handle violations according to regulations;

k) To guide and direct provincial-level People's Committees in setting up and protecting coastal protection corridors;

l) To summarize and assess Vietnam's socio-economic potentials related to the sea; statistics, classification and assessment of the potential of Vietnam's seas and islands; assume the prime responsibility and coordinate with the concerned ministries and branches in assessing changes in natural resources; organize analysis, assessment and prediction of domestic and international developments and dynamics related to the management, exploitation and use of natural resources, scientific research and international cooperation on sea and islands of Vietnam;

m) To develop master plans and plans on investment in exploitation, use and management of the system of general monitoring and supervision of natural resources and environment of the seas and islands; specialized works and means in service of warning of marine environmental incidents, research and survey of the seas and oceans under their management according to the provisions of law; take the lead in the construction and management of national information systems and databases, marine and island environment;

n) Organization of marine resources and environment monitoring; investigation, statistics, classification and assessment of waste sources from activities on the sea and islands according to their competence; to investigate and assess environmental load-bearing capacity of sea and island areas in high or very high risk of pollution; to announce areas where sea and islands are no longer capable of receiving waste; assess the pollution of sea and island environment; zone risks of pollution to sea and islands environment, mapping zoning risks of pollution to sea and islands; organize the implementation of measures to prevent, detect, handle and remedy environmental pollution and degradation, marine and island ecosystems; improve and restore polluted and degraded marine and island ecosystems;

o) To take the lead and coordinate with the concerned ministries, branches and localities in organizing the inspection and supervision of activities of exploitation and use of natural resources and environmental protection of the seas, coastal areas and islands; carrying out activities of monitoring, assessing risks, overcoming and handling the consequences of oil and toxic chemical spills;

p) To provide guidelines and organize propaganda on the seas and islands as prescribed by law

14. Regarding climate change:

a) To provide guidelines, inspect and organize the implementation of policies, laws, strategies, plannings, plans, programs, schemes and projects on climate change after being decided and approved by competent agencies.

b) To propose and institutionalize international mechanisms, policies and initiatives on climate change for socio-economic development, ensuring national defense and security in conformity with national conditions and interests; propose the adjustment, amendment and supplementation of mechanisms, policies and technological standards related to Vietnam's climate change in accordance with the international situation.

c) To organize national climate assessment; develop and update climate change scenarios, submit them to competent authorities for approval and organize the implementation thereof; guide, supervise and assess the impacts of climate change and develop adaptation measures, integrate climate change monitoring results into strategies, planning and plans;

d) To develop and implement a system of monitoring, evaluation and reporting (MRV) for activities to reduce greenhouse gas emissions, activities to adapt to climate change, contents related to losses and damages under the framework of the Paris Agreement on climate change;

dd) To organize the implementation, guidance, and evaluation of the nationally determined contribution (NDC); organize updating NDC at the request of Paris Agreement on climate change; organize the development of national reports on climate change and make periodic national greenhouse gas inventories; propose policies and measures to reduce greenhouse gas emissions in Viet Nam in line with the socio-economic development in each period;

To guide and organize the implementation of measures to manage carbon credit business activities according to the provisions of law and international treaties to which Viet Nam is a party, and grant certificates of certification for investment projects according to clean development mechanism and other international mechanisms for reducing greenhouse gas emissions of all economic sectors;

e) To manage, develop and update the national database on climate change; guide to use information on climate change;

g) To take  the lead in organizing negotiations, signing, implementing international treaties and joining international organizations on climate change; mobilizing international resources, organizing coordination and implementation of international cooperation projects, projects and tasks on climate change under its jurisdiction;

h) To develop, organize the implementation, management and supervision of the implementation of the Support Program to respond to climate change (SP-RCC); formulate priority criteria, organize the review and identification of the list of priority projects on climate change; comment on programs, projects, projects and tasks related to climate change of ministries, branches and localities;

i) To act as the national focal point for the implementation of the United Nations Framework Convention on Climate Change, Kyoto Protocol, Paris Agreement on Climate Change, Vienna Convention on the Protection of the Ozone Layer, Protocol Montreal on ozone depleting substances and other international treaties related to climate change, protection of the ozone layer; national authority on a clean development mechanism (CDM); the national specialized agency of the Climate Technology Centre & Network (CTCN); national focal point for Nationally Appropriate Mitigation Action  (NAMA); national focal point for the Adaptation Fund;

k) To organize, inspect, instruct and certify the import, export, temporary import, re-export and use of substances that deplete the ozone layer in accordance with the Montreal Protocol on substances depleting the ozone layer;

l) To support the National Committee on Climate Change to urge and synthesize the results of implementation of strategies, plannings, plans, programs, schemes, projects and tasks related to climate change and green growth implemented by ministries, branches and localities.

15. Regarding remote sensing:

a) To guide, inspect and organize the implementation of strategies, plannings, plans, schemes and projects on remote sensing after they are approved by competent authorities;

b) To guide and organize the implementation of remote sensing applications in monitoring and supervision of natural resources, environment, natural disasters, climate change and other fields in service of state management and socio-economic development and security - defense in accordance with the law;

c) To develop and publish regular and irregular reports on monitoring and supervision of exploitation and use of natural resources, environmental pollution, climate change by remote sensing technology;

d) To build, manage and exploite remote sensing stations, remote sensing data storage and processing system, remote sensing database and remote sensing data transmission network; guide the protection of technical safety corridors for remote sensing image acquisition stations;

dd) To summarize remote sensing data acquisition needs of ministries, branches and localities; develop and organize the implementation of, plans on the collection and processing of remote sensing data according to annual and five-year plans;

e) To provide guidelines, inspect and organize the development, update, management of the acquisition, provision of remote sensing data, operation of national remote sensing database; collect and publish national remote sensing metadata;

g) To appraise contents related to remote sensing infrastructure, national remote sensing data acquisition, application and development of remote sensing technology for programs, schemes and projects of ministries, branches, localities according to the law provisions;

h) To guide and inspect remote sensing activities of organizations and individuals according to the law provisions;

i) To act as the national focal point to participate in international organizations and forums on remote sensing.

16. To organize the statistical work, inventory, archive documents and data in the sectors under its management according to the provisions of law.

17. To direct and organize research, application and deployment of scientific and technological advances in fields under its management; organize the editing and publication of publications on natural resources and the environment as prescribed by law.

18. International cooperation in the fields under the Ministry's state management in accordance with the law; organize negotiations and sign international treaties under the authorization of competent state agencies; signing international agreements on behalf of the ministry; join international organizations as assigned by the Government.

19. To manage and organize the application of information technology in the field of natural resources and environment; provide online public services under the Ministry's state management; build, manage, operate and ensure the safety and security of information systems, database of natural resources and the environment; publish and provide information and data on natural resources and the environment as prescribed by law.

20. To organize and direct the implementation of the Ministry's administrative reform program in accordance with the objectives and contents of the state administrative reform program after it is approved by the Prime Minister.

21. To direct the development and submission to competent authorities for decision and guidance on the implementation of plannings on development of non-business organizations networks, public services and mechanisms and policies on the provision of public and social services, socialization of public services in the areas under the Ministry's management.

22. To manage associations and non-governmental organizations operating in the sectors under the Ministry's state management according to the provisions of law.

23. To act as representative of the owner of the State share of equity in enterprises under the Ministry in accordance with law.

24. To manage organization, apparatus, civil servant staff, number of officials, job positions, structure of public servant ranks, structure of civil servants according to their professional titles; decisions on rotation, transfer, appointment, dismissal, resignation, secondment, commendation, discipline, severance, retirement, salary and remuneration policies for officials and public employees, officials and employees under the Ministry management as prescribed; training and retraining cadres, civil servants, public employees and laborers in the branches and sectors managed by the Ministry.

25. To examine and inspect; settle complaints, denunciations and petitions of organizations and citizens; prevent and fight against corruption and negative acts and handle law-breaking acts in the sectors under the Ministry's state management.

26. To manage assigned finance and properties, and manage and use the allocated State budget according to the provisions of law.

27. To carry out other duties and powers assigned by the Government, the Prime Minister or as prescribed by law.

Article 3. Organizational structure

1. Department of International Cooperation

2. Department of Planning – Finance

3. Department of Science and Technology

4. Department of Legislation

5. Department of Emulation, Commendation and Dissemination

6.   Department of Organisation and Personnel

7. Inspectorate

8. The Ministry’s Office.

9. Vietnam Administration of Seas and Islands

10. General Department of Geology and Minerals of Vietnam

11.   General Department of Land Administration

12. Vietnam Environment Administration.

13. Vietnam Meteorological and Hydrological Administration.

14. Department of Information Technology and Natural Resource and Environment Data.

15. Department of Survey, Mapping and Geographic Information.

16. Department of Climate Change

17. Department of Water Resources Management.

18. Department of Remote Sensing.

19.    Institute of Strategy and Policy on Natural Resources and Environment .

20. Newspaper of Natural Resources and Environment

21.   Magazine of Natural Resources and Environment.

22. National Centre for Water Resources Planning and Investigation.

23. Training Center for Natural Resources and Environment Officials

Herein, the units numbered from 1 through 18 are administrative units that support the Minister in performing State management; the units numbered from 19 through 23 are public service delivery units that support the  Ministry State administration functions.

The Minister of Natural Resources and Environment shall submit to the Prime Minister: Defining the functions, tasks, powers and organizational structure of the Vietnam Administration of Seas and Islands, General Department of Geology and Minerals of Vietnam, General Department of Land Administration, Vietnam Environment Administration, Vietnam Meteorological and Hydrological Administration; issue the list of other non-business organizations attached to the Ministry.

The Minister of Natural Resources and Environment stipulates the functions, tasks, powers and organizational structure of the units attached to the Ministry, excluding the units specified in Clauses 9, 10, 11, 12 and 13.

Department of Planning - Finance has 04 rooms; The Department of Legislation has 03 rooms; Department of Organization and Personnel has 03 rooms; Ministry Inspectorate has 07 rooms; Ministry Office has 08 rooms.

Department of Information Technology and Natural Resource and Environment Data has 06 rooms and 01 branch; Department of Survey, Mapping and Geographic Information has 07 rooms and 01 branch; The Department of Climate Change has 07 rooms; The Department of Water Resources Management has 09 rooms and 03 branches; Department of Remote Sensing has 06 rooms.

Article 4. Effectiveness

1. This Decree takes effect from the date of signing.

2. This Decree replaces the Government's Decree No. 21/2013/ND-CP dated March 4, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment; All previous provisions contrary to this decree shall be repealed.

Article 5. Transitional provisions

The National Center for Meteorology and Hydrology, the Vietnam Administration of Seas and Islands, General Department of Geology and Minerals of Vietnam, the Vietnam Environment Administration and the   General Department of Land Administration continue to perform functions, tasks and powers according to the current regulations until the Prime Minister decides the functions, tasks, powers and organizational structure of the General Departments under the Ministry.

Article 6. Implementation Responsibility

Ministers, Heads of ministerial level bodies, Heads of government agencies, Chairpersons of people’s committees of provinces and central-governed cities are responsible for implementing this decree.

Copies to:
- Party Central Committee Secretariat;
- Prime Minister, Vice Prime Ministers;
- Ministries, ministerial level bodies, government agencies;
- People’s Councils, People’s Committees of provinces and central-governed cities;
- Central Party Office and departments;
- Secretary General Office;
- Presidential Office;
- Ethnic Council and Committees of the National Assembly;
- National Assembly Office;
- People’s Supreme Court;
- The Supreme People’s Procuracy of Viet Nam;
- State Auditor;
- National Financial Supervisory Commission;
- Social Policy Bank;
- Vietnam Development Bank;
- Central Committee of Vietnam Fatherland Front;
- Central authority of unions;
- The Governmnet Office: Minister, Chairman of the Office of the Government, deputy chairmen, prime minister assistant, General Director of E-portal, departments, subordinate units, Official Gazette;
- Filing: Ministry Office, Department of Organisation and Personnel (3).

On behalf of the Government

The Prime Minister

(signed)



Nguyen Xuan Phuc