Task Function
|
THE GOVERNMENT
-------
|
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freesom - Happiness
---------------
|
|
No. 68/2022/ND-CP
|
Hanoi, September 22, 2022
|
DECREE
Stipulating Functions, Duties, Authorities and Organization Structure of the Ministry of Natural Resources and Environment
Pursuant to the Law of the Organization of the Government, dated June 19, 2015; and the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration, dated November 22, 2019;
Pursuant to the Decree No. 123/2016/ND-CP dated September 01, 2016 issued by the Government, stipulating functions, duties, authorities and organization of Government Ministries and Ministerial-level offices; issued by the Government on amending, supplementing a number of Articles of the Decree No. 123/2012/ND-CP dated 01 September 2016 issued by the Government, stipulating functions, duties, authorities and organization of Government Ministries and Ministerial -level offices;
Upon the proposal of the Minister of Natural Resources and Environment;
The Government hereby issues this Decree to define functions, duties, authorities and organization structure of the Ministry of Natural Resources and Environment.
Article 1. Scopes and Functions
The Ministry of Natural Resources and Environment is a governmental agency performing the state management of the fields of land; water resources; mineral resources; geology; environment; hydrometeorology; climate change; survey and mapping; integrated management of natural resources and protection of the marine and island environment; and remote sensing; and state management of public services in the fields under its management.
Article 2. Duties and Authorities
The Ministry of Natural Resources and Environment exercises duties and authorities as pre-described by the Government’s Decree 123/2016/ ND-CP dated 01 September 2016 which specifies duties, authorities and organization structures of Government Ministries and Ministerial-level offices, Decree No.101/2020/ND-CP dated 28 August 2020 issued by the Government on amending, supplementing a number of Articles of the Decree No. 123/2012/ND-CP, and the following specific duties and authorities:
1. To submit to the Government draft laws and resolutions of the National Assembly; draft ordinances and draft resolutions of the National Assembly Standing Committee; and draft Government decrees under its approved annual law-making programs and plans and other resolutions, mechanisms, policies, projects, schemes and legal documents within the ambit of its state management as assigned by the Government or the Prime Minister.
2. To submit to the Government or the Prime Minister for approval and organize the implementation development strategies, and long-term, medium-term and annual development master plans and plans, and significant national programs, projects in the sectors and fields under its management.
3. To submit to the Prime Minister draft decisions, directives and other documents under the Prime Minister’s promulgating competence.
4. To approve strategies, master plans and development programs of the sectors and fields under its state management; and investment projects according to the delegation of powers and authorization by the Government or the Prime Minister.
5. To promulgate circulars, decisions and other documents on state management of the sectors and fields under its management; to direct, guide, organize, examine and evaluate the implementation of strategies, policies, master plans, plans, programs, schemes, projects, tasks and legal documents under its management after they are approved and promulgated; to carry out public communication and education about the law on natural resources and environment; to formulate national standards; to formulate and promulgate national indicators, national technical regulations, technical regulations, statistical indicators and techno-economic norms in the sectors and fields under its state management.
6. Regarding land resources:
a) To take the full accountability before the Government for performing the uniform land administration nationwide in accordance with law;
b) To guide and examine the land survey and measurement, drawing of cadastral maps, land use status quo maps and land use planning maps; the formulation, adjustment and implementation of land use master plans and plans; the land allocation, lease and recovery, and land use change; the registration of land use rights and ownership of houses and other land-attached assets; the compilation and management of cadastral dossiers; the grant of land use right and property ownership and other land-attached asset certificates; the exercise of rights and performance of obligations of land users in accordance with law;
c) To assume the prime responsibility for formulating, adjusting and proclaiming national land use master plans and plans; to submit to the Prime Minister for decision the allocation of national land use indicators after they are decided by the National Assembly; to propose the Prime Minister to establish the Council for appraisal of national land use master plans and national-level master plans on use of land for national defense and security purposes; to appraise provincial-level land use plans and plans on use of land for national defense and security purposes;
d) To appraise land use change for paddy, protection forests and special-use forests in accordance with the land law;
e) To guide the land fund arrangement for the real estate market development in land use master plans and plans;
f) To assume the prime responsibility for, and coordinate with related ministries and sectors in establishing principles and methods of land price determination and submit them to the Government or competent agencies for promulgation; to guide the formulation and adjustment of land price table and determination of specific land prices in accordance with the land law; to draw up land price maps;
g) To guide and examine the land recovery, land fund development and management of recovered land fund; the land use right auction and land use management in bidding for land-using projects in accordance with law.
h) To guide, examine and implement regulations on compensation, support and resettlement upon land recovery by the State; to guide the identification of land users entitled or not entitled to compensation or support; to verify policy framework on compensation, support and resettlement when the State agencies declare for the land acquisition for investment projects decided by the National Assembly on investment policies, the Prime Minister approves the investment policies requiring 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
i) To issue and manage the use of blank land use right, property ownership and other land-attached asset certificates;
k) To work out periodical land statistics and inventory plans; to carry out statistical and inventory activities based on theme or on an unscheduled basis, then submit results to competent agencies for approval and implement after they are approved; to guide and examine the performance of land statistics and inventory activities in their localities;
l) To formulate general plans on and implement land surveys and assessment in all regions and the whole country on a periodical basis or based on theme; to proclaim land survey and evaluation results of the whole country and all regions; to build and uniformly manage the land resource monitoring supervision system nationwide; to guide and examine the performance of provincial-level land survey and assessment activities;
m) To develop the land management and use monitoring and evaluation system; to manage and organize the operation of the land management and use monitoring and evaluation system at the central level; to guide and examine the management and operation of the land management and use monitoring and evaluation system at local levels.
7. Regarding water resources:
a) To perform the state management of water resources and manage river basins nationwide in order to ensure water source security;
b) To formulate and adjust the general master plan on water resource baseline survey, the water resource plan and plan on water resources in inter-provincial river basins and inter-provincial water sources, then submit them to the Prime Minister for approval and organize the implementation thereof after they are approved; to implement the regulation and distribution of water resources in inter-provincial river basins; to give its written opinions on water resource exploitation, use and protection plans in regional and provincial-level master plans; to approve contents related to the water exploitation and use in hydraulic-work, water supply master plans and other technical and specialized master plans involving water resource exploitation and use activities which are formulated by ministries, ministerial-level agencies and activities related to the water resource exploitation, use and protection according to its competence; to appraise inter-basin water transfer projects;
c) To classify inter-provincial water sources according to degree of pollution and depletion; to formulate plans on regulation and distribution of water resources for restoration of inter-provincial polluted, degraded or depleted water sources and organize the implementation thereof after they are approved by competent authorities; to guide and examine the implementation of plans on regulation and distribution of water resources and options on prevention and control of degradation and depletion of water sources in construction, production, business and service activities in accordance with law;
d) To make the list of inter-provincial-level river basins and submit it to the Prime Minister for promulgation; to make and promulgate the list of intra-provincial rivers, the list of inter-provincial and transnational water sources, and the list of ponds, lakes and lagoons which are not allowed to level in two or more provinces or centrally run cities ; to organize the implementation of measures to protect, prevent and control landslides and erosion along riverbeds, river banks, sandbars and water source protection corridors for inter-provincial rivers; to organize survey, assessment, monitoring and supervision of water flow, sedimentation and landslides and erosion changes along beds, banks and sandbars of inter-provincial rivers; to organize research and identification of changes in river bed and laws of nature that affect the stability of riverbeds, river banks and sandbars;
e) To Provide directions and guidelines for delineating areas where the groundwater exploitation is restricted; to comment on the list and maps of areas where the groundwater exploitation is restricted, plans on restriction of groundwater exploitation, areas where groundwater exploitation is registered, areas where areas where groundwater needs to be artificially recharged , minimum flow and groundwater exploitation threshold in accordance with law; to guide the implementation of regulations on establishment and management of water source protection corridors in accordance with law; to guide the determination and announcement of sanitary protection zones in areas for domestic water extraction in accordance with law;
f) To develop water-efficient practices; to popularize and communicate water-efficient practices, technologies and equipment; to guide the implementation of regulations on incentives for water-efficient activities;
g) To formulate and adjust the process of operation of inter-reservoirs in river basins according to the list of reservoirs which requires to formulate inter-reservoir operation process, then submit it to the Prime Minister for promulgation and guide and inspect the implementation after it is promulgated; to guide the implementation of regulations on monitoring and supervision of exploitation and use activities of water resource in river basins; to appraise reservoir construction projects in terms of satisfaction of requirements on integrated and multi-purpose protection, exploitation and use of water resources and conformity with water resource master plans and comprehensive master plans on inter-provincial river basins and watercourses;
h) To guide, examine and implement measures to maintain minimum flow on rivers and in downstream areas of reservoirs and spillways in order to ensure integrated and efficient exploitation and use of water sources in river basins; to comply standards and technical regulations on safety , prevention and control of land subsidence induced by water exploration, exploitation and use in accordance with law; to direct the implementation of measures to mitigate land subsidence (excluding hydraulic structures, dikes, and disaster prevention and control facilities) in the water exploration, exploitation and use in accordance with law;
i) To carry out water resources baseline surveys nationwide; to consolidate results of water resources baseline surveys, exploitation, use and protection carried out by ministries, sectors and localities; to conduct water resource inventory, assessment and forecasting; to develop and manage the water resources exploitation, use, monitoring and supervision system for provincial-level river basins and inter-provincial and transnational water sources; to declare the state of water scarcity or water shortage in river basins and appropriate measures to regulate, allocate and economically use water; to prepare national water resource reports;
k) To guide, examine and organize the issuance, extension, modification, suspension, revocation and re-issue of water resource exploration, exploitation and use groundwater drilling practice licenses; to approve the transfer water resource exploitation right in accordance with law;
l) To settle issues or disputes arising from the water resource exploitation and use or discharge of wastewater into water sources for cases under its licensing competence, and other water resource-related issues between provinces and centrally run cities;
m) To act as the national focal point to exchange information about transnational water sources and join international organizations and forums on river basins; to guide and examine the implementation of conventions, treaties and international agreements on water resources to which the Socialist Republic of Vietnam is a contracting party;
n) To monitor, supervise and consolidate the situation of transnational water sources, promptly report and propose the Government or the Prime Minister to handle issues to protect Vietnam’s rights and interests;
o) To act as the standing body of the Vietnam Mekong River Commission, the National Council on Water Resources and the River Basin Committees;
p) To guide, examine and organize the implementation of policies and regulations on calculation method and charge for granting water exploitation right to exploit water resources; to decide on approval, adjustment and notification of charge retrospective collection or refund for granting water resource exploitation right for cases of water resource exploitation and use under its competence.
8. Regarding geology and minerals:
a) To formulate, and organize the implementation of geology and mineral strategies; to direct and organize the performance of researches and baseline surveys of geology, minerals, engineering geology-hydrogeology, geo-hazards, geo-heritages and geo-parks; to monitor geo-hazards and explore minerals nationwide; to give its written opinions on master plans on exploration, exploitation, processing and use of assorted minerals formulated by ministries, sectors and localities; to guide the preparation of dossiers, appraise and recognize titles of national geo-heritages and geo-parks;
b) To delineate and announce areas with scattered and small-deposit minerals and those where exist toxic and radioactive minerals, geo-heritages, and geo-parks; to delineate and submit to competent authorities for approval areas for national mineral reserves and areas not subject to auction of the mineral exploitation right; to sum up the zoning of areas not subject to auction of the mineral exploitation right and areas where mineral activities are banned or temporarily banned under competence of localities; to examine and review documents and dossiers of request for approval of areas where mineral activities are banned or temporarily banned which are established by provincial People’s Committees;
c) To assume the prime responsibility and coordinate with related ministries, sectors and provincial People’s Committees of related localities in, deciding on whether or not to exploit minerals in areas where exist projects or works of national importance with investment policy to be decided by the National Assembly or important projects or works to be decided by the Government or the Prime Minister for which a mineral survey or assessment has been carried out or in which minerals are discovered though no mineral survey or assessment has been carried out;
d) To appraise schemes, projects or tasks on baseline survey of geology, minerals, engineering geology-hydrogeology, geo-hazards, geo-heritages, and geo-parks; to monitor geo-hazards; to explore minerals in accordance with law; to appraise reports on results of mineral exploration and exploration for improvement of mineral deposits; to manage mineral reserves and confirm mobilized reserves in mineral exploitation projects in accordance with law; to direct the issue handling related to the national mineral reserve assessment;
e) To carry out the registration of baseline surveys of geology, minerals, engineering geology-hydrogeology, geo-hazards, geo-heritages, and geo-parks; to monitor geo-hazards and explore minerals; to synthesize results of geological and mineral baseline surveys; to make statistics on and inventory geological resources and mineral reserve;
f) To carry out the auction of the mineral exploitation right under its competence; to determine charge amounts for granting mineral exploitation right under its licensing competence; to determine expenses refund for the use of geological information and data, quantification and accounting of value of geological and mineral resources in accordance with law;
g) To issue, extend, modify, revoke, or approve the return of mineral exploration licenses and mineral exploitation licenses; to approve the transfer of the mineral exploration right and mineral exploitation right; to approve the partial return of mineral exploration and exploitation areas; to approve mine closure plans or decisions in accordance with law;
h) To examine the compliance with the contents of mineral exploration licenses and mineral exploitation licenses under it is competent ; to control mineral activities and geological and mineral baseline surveys nationwide; to monitor the compliance of policies on sustainable development for geological and mineral baseline surveys and mineral activities, and policies on protection of interests of localities and the people in areas where minerals are exploited; to examine and supervise construction activities under mineral exploration schemes under the Minister’s approving competence; to examine the calculation of charge amounts for granting the geological, mineral resources exploitation and auction right in localities;
i) To act as the national focal point to join the Coordinating Committee for Geoscience Programs in East and Southeast Asia (CCOP) and the Vietnam National Committee for the International Geoscience Program (IGCP); to act as the national focal point to support the coordination and implementation of activities related to the development and management of the UNESCO Global Geo-parks Network.
9. Regarding the environment:
a) To guide the formulation of environmental protection contents in provincial-level master plans; to formulate environmental protection contents in regional master plans; formulate, submit for approval, announce, and organize the implementation of national environmental protection master plans in accordance with law;
b) To guide the appraisal and approval of results of the appraisal of environmental impact assessment reports and environmental remediation and rehabilitation plans in mineral exploitation; to formulate technical instructions for strategic environmental assessment and environmental impact assessment; to give its opinions on strategic environmental assessment contents; to organize the appraisal and approval of results of the appraisal of environmental impact assessment reports and environmental remediation and rehabilitation plans in mineral exploitation in accordance with law;
c) To direct, guide, examine and implement the control of pollutant sources of centralized production, business and service establishments or zones and industrial clusters in accordance with law;
d) To perform the state management of solid wastes in accordance with law; to direct, guide and examine the management of ordinary industrial solid wastes, domestic solid wastes and hazardous wastes, and waste recycling, collecting and treatment activities of producers and importers in accordance with law; to guide and examine establishments using imported scraps as production materials in accordance with law;
e) To provide technical instructions for prevention and response to waste incidents;
f) To direct, guide, examine and implement: the management of environmental quality, environmental remediation and rehabilitation, and environmental protection in the management of persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants; rural environmental protection contents and criteria as specified by law; to formulate and submit to competent authorities for approval the National Plan on management of air and surface water environment quality, and treatment, remediation and rehabilitation of areas suffering particularly serious soil pollution; to assess the environmental quality and surface water’s environmental carrying capacity on inter-provincial rivers and lakes in accordance with law;
g) To guide, examine and organize the environmental monitoring and provision of environmental pollution information and warnings nationwide in accordance with law, covering the building and management of the national environmental monitoring network; to approve, and organize the implementation of the national environmental monitoring program; to manage quality of, inspect, calibrate and test environmental monitoring equipment in accordance with law; to manage environmental monitoring data, the transmission, receipt and announcement of environmental monitoring results in accordance with law; to publish national environmental monitoring results; to provide professional guidance on and technical assistance for managing environmental monitoring data;
h) To guide and organize the preparation and release of reports on National State of environment and thematic reports on national environment ; to guide and organize the preparation of reports on environmental protection;
i) To guide the environmental statistics;
k) To guide and implement the issuance, renewal, modification, reissuance and revocation of environmental licenses; to issue, renew and reissue environmental certificates in accordance with law; to guide to receive the request for environmental registration in accordance with law;
l) To provide professional guidance on key environmental protection tasks to ministries, sectors and localities; to sum up and propose the allocation of state budget estimates for environmental protection activities of ministries, central agencies and provincial-level Committees, and guide the implementation thereof in accordance with the law on the state budget; to guide the compilation of statistics on, monitoring and release of funding sources for environmental protection;
m) To propose environmental protection tax and fees policies, and issue green bonds and other economic instruments to mobilize and use resources for environmental protection in accordance with law;
n) To manage the Vietnam Environmental Protection Fund; to act as the national focal point for the Global Environment Facility; for implementation of the Stockholm Convention on Persistent Organic Pollutants, the Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and their Disposal, and other international environmental treaties and agreements as assigned by the Government.
10. Regarding the conservation of nature and biodiversity:
a) To organize the formulation, submit for approval, announce, and implement and evaluate the implementation of the national master plan on conservation of biodiversity in accordance with law;
b) To perform the uniform state management of conservation and sustainable use of important wetlands, manage and protect the environment of natural heritages nationwide in accordance with law; to organize the council for interdisciplinary appraisal of projects on establishment of conservation areas, each of which lies in two or more provinces or centrally run cities; to assume the prime responsibility for, and coordinate with related provincial-level People’s Committees in, formulating and managing projects on national-level protected areas and natural heritage zones after such projects are approved by competent authorities as assigned by the Government; to direct and guide the establishment of and manage biodiversity corridors, provincial-level protected areas, high-biodiversity zones and important ecological landscapes in accordance with law;
c) To guide and inspect the management of biodiversity conservation and wildlife species conservation centers under the list of endangered, precious and rare species prioritized for protection, excluding plant varieties and livestock breeds, in accordance with law;
d) To guide and inspect the persistent preservation of genetic resources and specimens of species prioritized for protection; to guide the management and supervision of activities of accessing genetic resources and associated traditional knowledge, and use of shared benefits from the access to the State-managed genetic resources and traditional knowledge about genetic resources; to draw up the list of genetically modified organisms eligible for grant of biosafety certificates;
e) To formulate and submit to competent authorities for promulgation, or promulgate according to its competence, the list and program on conservation of endangered, precious and rare species prioritized for protection, excluding endangered, precious and rare plant varieties and livestock breeds prioritized for protection; to organize the compilation of the Vietnam Red Data Book; to guide the conservation of biodiversity in natural areas that still lack conditions for establishment of protected areas; to draw up the list of invasive alien species; to guide and assess the invasive ability of alien species to the environment and biodiversity;
f) To guide, formulate and implement programs on biodiversity baseline surveys, monitoring, statistics and inventory; to direct the making of and uniformly manage biodiversity monitoring data; to assume the prime responsibility for preparing and announcing national biodiversity reports; to guide ministries, sectors and localities in carrying out biodiversity surveys and preparing biodiversity reports;
g) To guide, examine and organize the registration, recognition, issuance and revocation of biodiversity-related licenses and certificates under Ministry's competence in accordance with law;
h) To guide the activities in payment for biodiversity-related environmental services and ecosystem services, excluding payment for forest environmental services;
i) To act as the national focal point for the implementation of international agreements on biodiversity and nature conservation as assigned by the Government; to direct and guide the preparation of dossiers of nomination for recognition and management of wetlands of international importance under the Ramsar Convention, ASEAN heritage parks, world biosphere reserves, and other natural heritages recognized by international organizations in accordance with law.
11. Regarding hydrometeorology:
a) To manage, implement the performance of hydro-meteorological monitoring, investigation and survey activities; to manage and guide hydro-meteorological monitoring activities of stations and other special-use hydro-meteorological activities in accordance with law; to build, manage and operate the national network of hydro-meteorological monitoring, lightning monitoring detection, and climate change supervision stations;
b) To organize the protection of hydro-meteorological works in the national hydro-meteorological station network;
c) To manage and implement hydro-meteorological forecasting and warning activities; to transmit and broadcast hydro-meteorological forecasting and warning information; to make disaster forecasts and warnings, transmit disaster news and disaster risk levels; to build, manage and operate the national hydro-meteorological forecasting and warning system; to elaborate the national set of climate standards; to issue, provide and broadcast the official disaster forecasts and warnings and disaster risk levels under regulations;
d) To collect and process information, identify and evaluate disaster risks, zone off disaster risks, and monitor and supervise disasters;
e) To receive feedback of ministries, sectors, localities, organizations and individuals on the broadcasting regime, quality and reliability of hydro-meteorological and disaster forecasts and warnings news and the use of disaster risk levels in disaster prevention, control and response and socio-economic development activities; to monitor, assess and sum up annually the state management of hydrometeorology nationwide under regulations;
f) To appraise tsunami warning scenarios for Vietnam in accordance with law;
g) To appraise hydro-meteorological contents in master plans and designs of national key construction works and investment projects and in master plans, designs of other construction works and investment projects in accordance with law;
h) To issue, extend, suspend and revoke hydro-meteorological forecasting and warning licenses in accordance with law;
i) To manage quality of hydro-meteorological gauging instruments in accordance with law;
k) To manage, guide and implement the activities in order to serve hydrology and meteorology in accordance with law;
l) To approve and supervise the implementation of weather impact plans according to its competence;
m) To act as the national focal point for joining the World Meteorological Organization (WMO), the Typhoon Committee, and the ASEAN Sub-Committee on Meteorology and Geophysics (ASCMG); to act as a focal point for participation in international forums and implementation of treaties on hydrometeorology as assigned by the Government.
12. Regarding survey, mapping and geographic information:
a) To develop, update, manage, operate and exploit the national geo-spatial data infrastructure in accordance with law, the national original topographic data system , the data system of national topographic nets , the fundamental topographic infrastructure works, and the Vietnam Geo-space Portal; to establish, operate and update the national geographic database, and establish and update the national topographic map system; to promulgate the list of geographic names to be shown in maps; to provide survey and mapping products;
b) To guide, examine and implement the inspection, calibration and testing of measuring devices in survey and mapping activities in accordance with the laws on measurement and product and goods quality;
c) To appraise the necessity, scope and technical and technological solutions of survey and mapping contents in programs, projects and tasks funded by the central budget and performed by ministries, ministerial-level agencies and government-attached agencies; to appraise base survey and mapping projects and tasks performed by provincial-level People’s Committees;
d) To issue, extend, modify, re-issue, renew and revoke survey and mapping licenses; to issue, extend, re-issue, renew and revoke survey and mapping practicing certificates; to examine the performance of survey and mapping activities for licensed organizations and individuals; to examine the publication and distribution of maps; to suspend the distribution and direct the recall of unlawful mapping publications; to issue, revoke and invalidate certificates of free sale (CFS) for imported and exported survey and mapping products in accordance with law;
e) To create, update, publish and distribute mapping products in accordance with law;
f) To organize the survey, adjustment, amendation of administrative boundary maps to serve the establishment, dissolution, merger, division and adjustment of provincial-level administrative boundaries, and the settlement of disputes regarding provincial-level administrative boundaries in accordance with law;
g) To organize the survey, making for topographic maps for border delimitation and demarcation and planting of national border landmarks and serving the national border management; to survey, create and update the set of standard national border maps; to guide the marking of national boundary lines and territorial sovereignty on topographic and cartographic products and map publications
h) To act as the national focal point, to coordinate the implementing of the international cooperation on survey, mapping and geographic information; to 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 the marine and island environment:
a) To formulate and submit to competent agencies for approval or adjustment and guide the implementation of national marine spatial master plans and general master plans on exploitation and sustainable use of coastal resources, and organize, examine and supervise the implementation after they are approved by competent state agencies; to formulate and submit to the Prime Minister for approval key programs on baseline survey of marine and island resources and environment, programs on integrated management of inter-provincial coastal resources, and the classification list of islands, and organize the implementation thereof after they are approved in accordance with law; to propose the Prime Minister to establish the Council for appraisal of the national marine spatial master plan; to manage sea encroachment activities in accordance with law;
b) To monitor and consolidate marine and island baseline surveys nationwide; to assume the prime responsibility for formulating, and organizing the implementation of key marine resource and environment baseline survey programs, schemes, projects and tasks as assigned by the Government;
c) To survey, make statistics on, classify and manage island resources; to manage dossiers of island resources; to regulate specifically dossiers of island resources, and guide the making and management of island resources dossiers;
d) To assign, recognize, extend the validity period of, revoke, or permit the partial or total return marine areas, amend and supplement decisions on assignment of marine areas; to settle petitions and disputes about the use of marine areas under its competence in accordance with law; to manage and guide the assignment of marine areas for exploitation and use of marine resources; to consider and approve in writing according to its competence about the positions, boundaries, area, coordinates, depth and use duration of marine areas for Vietnamese organizations and individuals to carry out scientific research activities; to measure, monitor, survey and assess marine resources;
e) To issue, re-issue, extend, modify, supplement, suspend and revoke licenses for foreign organizations and individuals to conduct scientific research activities in Vietnam’s maritime zones in accordance with law; to monitor and sum up the implementation of marine and oceanic scientific research programs and projects of ministries, sectors and localities in accordance with law;
f) To issue, re-issue, extend, modify, supplement, permit the return of and revoke ocean dumping permits according to its competence; to supervise ocean dumping activities and handle violations under regulations;
g) To guide and direct provincial People’s Committees in establishing and protecting coastal protection corridors;
h) To synthesize and assess Vietnam’s sea-related socio-economic potential; to make statistics on, classify, and assess potential of Vietnam’s maritime zones and islands; to host and coordinate with related ministries and sectors in assessing changes in natural resource reserves; to analyze, assess and forecast domestic and international developments and movements related to the management, exploitation and use of natural resources, scientific research, and international cooperation on Vietnam’s seas and islands;
i) To establish, manage, operate and use the system for monitoring and supervision of integrated marine, island resources and environment; to formulate, organize the implementation of programs and investment plans on exploitation, use and management of special-use works and means to serve in warnings about marine environment incidents, and marine, oceanic research and survey under its management in accordance with law;
k) To organize monitoring of marine resources and environment; to survey, make statistics on, classify and assess waste sources from activities at sea and on islands according to its competence; to survey and assess the carrying capacity of marine areas and islands with high or very high pollution risks; to announce marine areas and islands that can no longer capable of receiving wastes; to assess the situation of marine and island pollution; to delineate marine and island pollution risks and draw maps to delineate marine and island pollution risks; to organize the implementation of measures to prevent, detect, address and remedy the marine, island environment and ecosystems pollution and degradation; to improve and rehabilitate polluted, degraded marine, island environment and ecosystems;
l) To host and coordinate with related ministries, sectors and localities in organizing the examination and supervision of natural resource exploitation and use and environmental protection activities in maritime zones and coastal areas and on islands; to conduct the supervision, assessment of risks, remediation and response to the consequences of oil and hazardous substances spills at sea; to manage marine plastic litter in accordance with law;
m) To guide and organize public communication about seas and islands in accordance with law;
m) To perform tasks of the standing body of the National Steering Committee on implementation of the Strategy for Sustainable Development of Vietnam's Marine Economy by 2030 , with a vision to 2045; to coordinate and implement the Strategy for Sustainable Development of Vietnam’s Marine Economy by 2030, with a vision to 2045.
14. Regarding climate change:
a) To propose and institutionalize climate change-related mechanisms, policies and international initiatives for socio-economic development and maintenance of national defense and security in conformity with national conditions and interests; to propose and recommend modifications, amendments and supplementations to Vietnam’s climate change-related mechanisms, policies and technological standards as suitable to international practices;
b) To Assess national climate ; to develop, update and publicize climate change scenarios and organize the implementation thereof; to guide and supervise the assessment climate change impacts; to guide the incorporation of climate change contents into strategies and master plans;
c) To organize the supervision of greenhouse gas emissions and greenhouse gas mitigation activities; to operate the system for measurement, reporting and verification (MRV) of greenhouse gas mitigation activities and the system for monitoring and evaluation (M&E) of climate change adaptation;
d) To plan, update, and organize the implementation, management and supervision of, nationally determined contributions; to prepare national climate change and ozone layer protection reports in accordance with law and treaties to which the Socialist Republic of Vietnam is a contracting party; to organize the national greenhouse gas inventory and implementation of the national climate change adaptation plan ;
e) To formulate, and organize the implementation of carbon credit exchange and offsetting mechanisms;; to organize the operation of domestic carbon market and participation in international carbon market; to manage and allocate greenhouse gas emission quotas ; to evaluate and decide to approve carbon credit exchange and offsetting programs and projects within the United Nations Framework Convention on Climate Change, treaties and international agreements to which the Socialist Republic of Vietnam is a contracting party;
f) To lead for negotiating, concluding and implementing treaties and participate in international climate change organizations; to mobilize international resources and organize the coordination, implementation of international cooperation schemes, projects and tasks on climate change under its competence;
g) To develop priority criteria, review and create the list of priority projects on responding to climate change; to comment on climate change-related programs, schemes, projects and tasks of ministries, sectors and localities;
h) To act as the focal point for implementation of international commitments on climate change and ozone layer protection under treaties to which the Socialist Republic of Vietnam is a contracting party; to act as the national focal point for the Climate change Adaptation Fund; to act as the national focal point for implementation of the United Nations Framework Convention on Climate Change, the Kyoto Protocol and the Intergovernmental Panel on Climate Change (IPCC); to act as a national competent authority for implementation of the mechanisms within the framework of the Paris Agreement on Climate Change; to act as the national specialized agency of the Climate Technology Center and Network (CTCN); to act as the national focal point for greenhouse gas emission mitigation actions in conformity with national conditions;
i) To organize, examine and guide the management, consumption and elimination of ozone layer-depleting substances and greenhouse gas as specified in the Montreal Protocol on Substances that Deplete the Ozone Layer;
k) To assist the National Committee for Climate Change in urging and aggregating results of the implementation of strategies, master plans, plans, programs, schemes, projects and tasks related to climate change and green growth by ministries, sectors and localities.
15. Regarding remote sensing:
a) To guide and organize the application of remote sensing in monitoring and supervision of natural resources, environment, disasters, climate change and other fields to serve the state management, socio-economic development, security and national defense in accordance with law;
b) To Create, publish reports on periodical and unscheduled monitoring and supervision of the exploitation and use of natural resources, environmental pollution and climate change with remote sensing technology;
c) To build, manage, exploit and operate remote sensing image data receiving infrastructure under its management; to develop and update national remote sensing image database; to aggregate and publicize remote sensing metadata of the national remote sensing image database; to manage quality of remote sensing products;
d) To aggregate the demand for use of remote sensing image data and information of ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees, and according to assigned extraordinary tasks assigned to develop plan to receive remote sensing images ;
e) To appraise contents related to the remote sensing image data receiving system ; the receipt, storage, processing, provision, exploitation and use of remote sensing image data; the application and development of remote sensing technology for programs, schemes, projects and tasks of ministries, sectors and localities;
f) To guide and examine remote sensing activities of organizations and individuals in accordance with law;
g) To act as the national focal point to join international organizations and forums on remote sensing.
16. To collect, receive, synthesize and process information and data, build, manage, preserve, store, update, operate, exploit and use national information systems and databases in the fields of natural resources and environment; to announce, publish and provide information and data on natural resources and environment; to guide and examine the collection, management, provision, exploitation and use of information and data on natural resources and environment in accordance with law.
17. To organize the implementation of the statistical work, inventory, archive of documents and data on the fields under its management in accordance with law.
18. To direct and organize scientific and technological research , application, implementation the scientific and technological progress; to develop science and technology, innovation, technology transfer; to manage measurement and product and goods quality in the fields under its management in accordance with law.
19. To carry out international cooperation in the fields under its state management in accordance with law; to organize the conclusion of treaties as authorized by competent state agencies; to conclude international agreements in its own name; to join international organizations as assigned by the Government.
20. To manage and organize the activities in information technology application; to carry out digital transformation and build information systems and big databases in the field of natural resources and environment; to apply digital technology solutions in the monitoring, supervision, management and handling of natural resource and environment incidents and early disaster warning; to develop e-government towards digital government, digital economy and digital society in the natural resource and environment sector; to build, manage, operate and ensure information security of, digital infrastructure, digital and data platforms, and digital services related to national natural resources and environment; to integrate, connect, analyze, process, announce, provide and share natural resource and environment data and information under regulations.
21. To organize and direct the implementation of its administrative reform program according to the objectives and contents of the Prime Minister-approved state administrative reform program and general plan.
22. To formulate and submit to competent authorities the master plan on the network of public non-business units and public services, and mechanisms and policies on provision of public services and mobilization of social resources for the provision of public services in the fields under its state management; to guide and organize the implementation thereof after they are approved; to provide public services in the fields under its state management.
23. To manage associations and non-governmental organizations operating in the fields under its state management in accordance with law.
24. To act as representatives of the owner of state capital portions in its attached enterprises in accordance with law.
25. To manage the organizational structure, apparatus, civil servant, number of public employees, working positions, rank-based structures of civil servants and professional title-based structures of public employees ; to decide on rotation, transfer, appointment, dismissal, resignation, secondment, commendation, disciplining, job discontinuation, retirement, salary regime and other compensation policies for cadres, civil servants, public employees and workers under its management under regulations; to train officials, civil servants, public employees and workers in sectors and fields under its management.
26. To carry out examination and inspection; to organize reception of citizens and settle complaints and petitions of organizations and citizens; to settle denunciations of individuals; to organize the activities about judicial expertise and valuation in the fields under its state management in accordance with law; to prevent and combat corruption, negative practices and handle violations in the fields under its state management.
27. To manage assigned finance and assets, manage and use allocated state budget in accordance with law.
28. To perform other tasks and other powers assigned by the Government, Prime Minister or provided by law.
Article 3. Organizational structure
1. The Department of International Cooperation.
2. The Department of Planning - Finance.
3. The Department of Science and Technology.
4. The Department of Legal Affairs.
5. The Department of Organisation and Personnel.
6. The Department of Land.
7. The Department of Environment.
8. The Ministry Inspectorate.
9. The Ministry Office.
10. The Viet Nam Meteorological and Hydrological Administration.
11. The Nature and Biodiversity Conservation Agency.
12. The Viet Nam Agency of Seas and Islands.
13. The Department of Climate Change.
14. The Department of Digital Transformation and Data for Natural Resources and Environment.
15. The Department of Land Registration and Information Database.
16. The Viet Nam Geological Department.
17. The Department of Survey, Mapping and GeoInformation of Viet Nam.
18. The Department of Mineral Resources of Viet Nam.
19. The Pollution Control Department.
20. The Department of Water Resources Management.
21. The Department of Land Resources Planning and Development.
22. The National Remote Sensing Department.
23. The Institute of Strategy and Policy on Natural Resources and Environment.
24. The Natural Resources and Environment Newspaper.
25. The Natural Resources and Environment Magazine.
26. The National Center for Water Resources Planning and Investigation.
27. The Institute of Natural Resources and Environment Training.
The units specified in Clauses 1 to 22 of this Article are administrative units assisting the Minister in the execution of state management authorities, while those specified in Clauses 23 to 27 are State-owned business units performing the Ministry’s state management function.
The Minister of Natural Resources and Environment is responsible to submit to the Prime Minister for the approval and issuance of regulations on functions, tasks, authorities and organizational structure of the Vietnam Meteorological and Hydrological Administration, and promulgate the list of other State-owned business units under the Ministry.
The Minister of Natural Resources and Environment is responsible to promulgate the Decisions to define the functions, tasks, authorities and organizational structures of units under the Ministry, excluding the unit specified in Clause 10 of this Article.
The Department of Planning-Finance and the Department of Organization and Personnel has 3 divisions each.
Article 4. Effective Implementation
1. This Decree takes effect on November 01, 2022.
2. This Decree supersedes the Decree No. 36/2017/ND-CP dated April 04, 2017 by the Government which stipulates functions, duties, authorities and organization structure of the Ministry of Natural Resources and Environment.
Article 5. Transitional provisions
1. Department of Information Technology and Natural Resource and Environment Data, Vietnam Administration of Seas and Islands, General Department of Geology and Minerals of Viet Nam, Viet Nam Environment Administration, and General Department of Land Administration continue their operation under current regulations until Minister of Natural Resources and Environment issued Decisions stipulating functions, duties, authorities and organization structure of the units specified in Clauses 6, 7, 8, 11, 12, 14, 15, 16, 18, 19 and 21 of Article 3 of this Decree.
2. The Minister of Natural Resources and Environment shall stipulate functions, duties, authorities and organization structure of Ministry’s Inspectorate; Department of Geology of Viet Nam and Department of Minerals of Viet Nam, ensuring perpetuity of the duties and authorities of the General Department of Geology and Minerals of Viet Nam; the Department of Environment, the Nature and Biodiversity Conservation Agency, and the Department of Pollution Control, ensuring perpetuity of the duties and authorities of the Viet Nam Environment Administration; of the Department of Land, the Department of Land Registration and Data, and the Department of Land Resource Planning and Development, ensuring perpetuity of the duties and authorities of the General Department of Land Administration; and of the Department of Seas and Islands of Viet Nam, ensuring perpetuity of the duties and authorities of the Viet Nam Administration of Seas and Islands, in accordance with law and treaties to which the Socialist Republic of Viet Nam is a contracting party until competent agencies promulgate or amend and supplement relevant regulations.
3. The public state owned-business units attached to the Viet Nam Administration of Seas and Islands, the General Department of Geology and Minerals of Viet Nam, the Viet Nam Environment Administration, and the General Department of Land Administration continue their operation under current regulations until competent authorities issue decisions on consolidation or reorganization of such units.
Article 6. Responsible Parties for implementation
Ministers, Heads of the Ministerial-level offices, Heads of offices of the Government, Chairpersons of Peoples’ Committees of provinces and cities under central management are responsible to implement this Decree./.
|
To:
- Secretariat of the Party Central Committee;
- Prime Minister, Deputy Prime Ministers;
- Ministries, ministerial-level agencies, Government’s agencies;
- People's Councils, People's Committees of provinces and centrally run cities;
- Central Office and Party Committees;
- Office of the General Secretary;
- Office of the President;
- Council for Ethnic Minorities and Committees of the National Assembly;
- Congress office;
- Supreme People's Court;
- People's Procuratorate of the Supreme;
- State audit;
- National Financial Supervisory Commission;
- Bank for Social Policies;
- Vietnam Development Bank;
- Central Committee of the Vietnam Fatherland Front;
- Central body of unions;
- Government Office: BTCN, PCNs, Assistant TTg, General Director of e-portal portal, Departments, Departments, affiliated units, Official Gazette;
- Save: VT, TCCV (2b).
|
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
(Signed and sealed)
Pham Binh Minh
|
