Joint Circular No. 01/2003/TTLT-BTNMT-BNV guiding the functions, tasks, powers, and organization of specialized agencies assisting the People's Committee in managing state affairs on natural resources and environment at local levels.

JOINT CIRCULAR

Guidelines for the functions, tasks, authorities, and organization of specialized agencies assisting the People's Committee in state management of natural resources and the environment at the local level.

state management of natural resources and the environment at the local level

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Based on Decree No. 91/2002/NĐ-CP dated of the Government stipulating the functions, tasks, authorities, and organizational structure of the Ministry of Natural Resources and Environment. 11/11/2002 The Government shall stipulate the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment.

Based on Decree No. 45/2003/NĐ-CP dated of the Government stipulating the functions, tasks, authorities, and organizational structure of the Ministry of Home Affairs. 09/5/2003 The Government shall stipulate the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs.

Based on Decision No. 45/2003/QĐ-TTg dated April 2, 2003 of the Prime Minister regarding the establishment of the Department of Natural Resources and Environment, renaming the Department of Science, Technology and Environment to the Department of Science and Technology under the Provincial People's Committee, directly under the central government.

The Ministry of Natural Resources and Environment and the Ministry of Home Affairs provide guidelines for the functions, tasks, authorities, and organization of specialized agencies assisting the People's Committee in state management of natural resources and the environment at the local level as follows:

I. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT

1.Position and Functions:

The Department of Natural Resources and Environment is a specialized agency under the Provincial People's Committee (hereinafter referred to as the Provincial People's Committee), assisting the Provincial People's Committee in performing state management functions over land resources, water resources, mineral resources, the environment, meteorology and hydrology, surveying, and mapping within the province according to the provisions of the law.

The Department of Natural Resources and Environment is subject to the direction and management of the Provincial People's Committee regarding organization, staffing, and personnel work, while also being subject to the direction and supervision of the Ministry of Natural Resources and Environment in terms of professional matters.

2.Duties and Authorities:

2.1. Submit to the Provincial People's Committee for issuance of decisions and directives on managing land resources, water resources, mineral resources, the environment, meteorology and hydrology, surveying, and mapping (hereinafter collectively referred to as natural resources and the environment) at the local level according to the delegation of the Government;

2.2. Submit to the Provincial People's Committee for approval of planning for development, programs, and long-term plans, five-year plans, and annual plans concerning natural resources and the environment that are consistent with the overall plan for socio-economic development of the locality;

2.3. Submit to the Provincial People's Committee for decision-making on measures to protect natural resources and the environment at the local level; guide and supervise implementation;

2.4. Organize and direct the implementation of normative legal documents, programs, plans, and regulations after they have been reviewed; disseminate, popularize, educate about laws, and provide information on natural resources and the environment;

2.5. Regarding land resources:

2.5.1. Assist the Provincial People's Committee in preparing land use plans and adjusting such plans; guide and supervise their implementation;

2.5.2. Organize the review and submit to the Provincial People's Committee for approval of land use plans and adjustments of such plans for districts, towns, and cities within the province, and supervise their implementation;

2.5.3. Submit to the Provincial People's Committee for decision-making on land allocation, land leasing, land recovery, land transfer, change of land use purpose, and issuance of land use right certificates for entities within the jurisdiction of the Provincial People's Committee;

2.5.4. Implement land investigation, surveying, evaluation, classification, and mapping; register land rights, manage and update land records; conduct land statistics and inventory; sign land lease contracts in accordance with the law; register security interests related to land use rights and property attached to land for organizations;

2.5.5. Participate in valuing types of land in the locality according to the framework, principles, and methods prescribed by the Government;

2.6. Regarding mineral resources:

2.6.1. Submit to the Provincial People's Committee for issuance, extension, or revocation of permits for the exploitation and processing of common construction materials, coal mud, and residual mineral exploitation, and transfer of mining rights within the jurisdiction of the Provincial People's Committee according to the law;

2.6.2. Assist the Provincial People's Committee in leading and coordinating with relevant ministries and sectors to delineate areas prohibited or temporarily prohibited from mining activities and submit to the Government for consideration and decision;

2.7. Regarding water resources and meteorology:

2.7.1. Submit to the Provincial People's Committee for issuance, extension, or revocation of permits for activities related to water resource investigation, exploration, exploitation, use, and discharge of wastewater according to the delegation; supervise implementation;

2.7.2. Submit to the Provincial People's Committee for issuance, extension, or revocation of permits for specialized meteorological and hydrological facilities in the locality; direct and supervise implementation after issuance;

2.7.3. Organize basic investigations, inventories, and evaluations of water resources according to the guidance of the Ministry of Natural Resources and Environment;

2.7.4. Participate in developing plans to prevent and mitigate the consequences of natural disasters in the province;

2.8. Regarding the environment:

2.8.1. Submit to the Provincial People's Committee for issuance, extension, or revocation of environmental standard certification for production, business, and service establishments within the province according to the delegation;

2.8.2. Organize the preparation of environmental status reports, strengthen and enhance the capacity of environmental monitoring stations, and monitor environmental quality changes in the locality according to the guidance of the Ministry of Natural Resources and Environment;

2.8.3. Review and report on environmental impact assessments of projects and facilities according to the delegation;

2.8.4. Organize the collection of fees for environmental protection according to the law;

2.9. Regarding surveying and mapping:

2.9.1. Review and recommend competent authorities to issue or delegate issuance of permits for organizations and individuals registered to engage in surveying and mapping activities in the locality;  2.9.2. Submit to the Provincial People's Committee for approval of inspection and review results of the quality of cadastral surveying and mapping, and specialized surveying and mapping products of the province;

2.9.3. Organize the construction of specialized surveying reference points, establish a cadastral map system, and thematic maps serving specific purposes;

2.9.4. Monitor the publication and distribution of maps and propose to the competent authority responsible for publishing to suspend distribution and recall maps containing errors in representing national sovereignty, administrative boundaries, and place names within the locality; maps with serious technical errors.

2.9.4.Supervise the publication and distribution of maps and make recommendations to the competent state management agency on suspending the distribution and recalling map publications that contain errors regarding national sovereignty, administrative boundaries, and place names within the locality; map publications with serious technical errors.

2.10. Direct, guide, and inspect the implementation of public services in the field of natural resources and the environment in accordance with the provisions of the law;

2.11. Direct and provide professional guidance on the management of natural resources and the environment at the district and commune levels;

2.12. Coordinate with relevant agencies in protecting research and monitoring facilities related to meteorology, hydrology, geology, mineral resources, the environment, surveying, and mapping;

2.13. Conduct inspections and checks on the enforcement of laws, resolve disputes, complaints, and accusations, and handle violations of laws concerning natural resources and the environment in accordance with the provisions of the law;

2.14. Organize research and application of scientific and technological advancements in managing natural resources and the environment; participate in international cooperation; establish information systems and archive materials on natural resources and the environment in accordance with the provisions of the law;

2.15. Participate in reviewing projects and works that involve the fields of natural resources and the environment;

2.16. Report semi-annually and annually, as well as ad hoc, on the implementation of tasks in the assigned areas of work to the Provincial People's Committee and the Ministry of Natural Resources and Environment;

2.17. Manage organizational structure, cadres, civil servants, employees, and workers; organize training and capacity building for cadres, civil servants, employees, and commune-level staff involved in natural resource and environmental management in accordance with the regulations of the Ministry of Natural Resources and Environment and the Provincial People's Committee;

2.18. Manage the financial and assets of the Department in accordance with the law and the分级授权部分。

3. Organization and staffing:

3.1. Leadership of the Department:

The Department of Natural Resources and Environment has a Director and not more than three Deputy Directors for Departments under the Provincial People's Committee, and four Deputy Directors for Departments under the Municipal People's Committees directly under the Central Government. The Director is responsible and reports work to

the Provincial People's Committee and the Ministry of Natural Resources and Environment. Deputy Directors are responsible to the Director for the areas of work they are assigned.

The appointment of the Director and Deputy Directors of the Department is decided by the Chairman of the Provincial People's Committee based on professional standards set by the Ministry of Natural Resources and Environment and the Party and State regulations on cadre management.

Commendation and disciplinary actions against the Director and Deputy Directors shall be carried out in accordance with the law.

3.2. Organizations assisting the Director of the Department:

Office;

Inspection Office;

Specialized and professional departments.

The establishment of specialized and professional departments is based on the principle of comprehensively covering all areas of work of the Department; the functions and responsibilities of the organization must be clear and not overlap with other organizations within the Department; it must be suitable for the nature, characteristics, and actual workload of the locality; it must ensure simplicity in administrative procedures and convenience in handling matters for organizations and citizens.

The number of specialized and professional departments shall not exceed five for Departments under the Provincial People's Committee and six for Departments under the Municipal People's Committees directly under the Central Government.

The Chairman of the Provincial People's Committee decides the structure (number and name) of the specialized and professional departments of the Department based on the proposal of the Director of the Department and the Head of the Provincial Civil Service Organization Board.

3.3. Public service organizations:

Information Center for Natural Resources and Environment;

Other public service organizations.

The Provincial People's Committee decides to establish other public service units subordinate to the Department in accordance with the law.

The Director of the Department of Natural Resources and Environment specifies in detail the functions, tasks, and authorities of the organizations mentioned in Points 3.2 and 3.3.

3.4 Staffing:

The staffing of the Department of Natural Resources and Environment is decided by the Chairman of the Provincial People's Committee based on the proposal of the Director of the Department of Natural Resources and Environment and the Head of the Provincial Civil Service Organization Board.

The allocation and utilization of cadres, civil servants, and employees of the Department must be based on job titles and qualification standards for civil servants and state employees as stipulated by the law.

II. TASKS AND POWERS OF THE SPECIALIZED AGENCIES ASSISTING THE PEOPLE'S COMMITTEES AT THE DISTRICT, QUARTER, CITY, AND PROVINCE LEVELS IN MANAGING NATURAL RESOURCES AND THE ENVIRONMENT.

1. Submit guiding documents for the implementation of national policies, systems, and laws on natural resource and environmental management to the District, Quarter, City, and Province People's Committees (collectively referred to as the District People's Committee).

2. Submit planning and plans for natural resources and the environment to the District People's Committee for approval and organize their implementation after approval.

3. Assist the District People's Committee in drafting land use plans, annual land use plans, adjusting land use plans, and organizing inspections after approval.

4. Review and submit land use plans and plans for land use adjustment for communes, wards, and towns to the District People's Committee for approval and inspect their implementation after approval;

5. Submit decisions on land allocation, land leasing, land recovery, land use purpose change, land right transfer, and issuance of land use rights certificates for entities within the jurisdiction of the District People's Committee to the District People's Committee for decision-making and organize their implementation;

6. Manage and monitor changes in land, update and correct land-related documents and maps in accordance with current land use status as guided by the Department of Natural Resources and Environment;

7. Implement and guide the statistical, inventory, and registration of land; establish and manage land records; build land information systems;

8. Guide and inspect the use and protection of land resources, mineral resources, water resources, and the environment; prevent and mitigate degradation, pollution, environmental accidents, and disaster consequences;

9. Prepare periodic land statistics and environmental condition reports; collect, manage, and store materials on natural resources and the environment;

10. Take the lead or coordinate with relevant agencies in inspecting and supervising the enforcement of laws; assist the District People's Committee in resolving disputes, complaints, and accusations regarding natural resources and the environment in accordance with the law;

11. Implement public services in the field of natural resources and the environment in accordance with the law;

12. Promote, disseminate, and educate about laws and information on natural resources and the environment.

13. Report periodically every three months, six months, annually, and at any time on the implementation of tasks in the fields assigned to the People's Committee of the district and the Department of Natural Resources and Environment.

14. Manage cadres, civil servants, and officials; guide and inspect specialized knowledge and skills for village, ward, and town land management cadres. Participate with the Department of Natural Resources and Environment in organizing training and enhancing cadres, civil servants, and officials involved in natural resource and environmental management, as well as village, ward, and town land management cadres.

Pursuant to Clause 3, Article 1 of Decree No. 12/2001/NĐ-CP of the Government and the assigned tasks, the Chairman of the Provincial People's Committee decides on the organization of the specialized agency assisting the People's Committee of the district in state management of natural resources and environment within its jurisdiction.

The staffing of the specialized agency assisting the People's Committee of the district in state management of natural resources and environment shall be decided by the Chairman of the District People's Committee according to the分级限制词汇，请忽略此提示。

III. TASKS AND POWERS OF VILLAGE, WARD, AND TOWN LAND MANAGEMENT CADRES.

Village, ward, and town land management cadres (collectively referred to as village land management cadres) assist the People's Committee of the village, ward, and town (collectively referred to as the People's Committee of the commune) in implementing state management of natural resources and environment within their communes, under the direction, guidance, and inspection of the Department of Natural Resources and Environment and the specialized agency assisting the People's Committee of the district in state management of natural resources and environment.

Village land management cadres have the following tasks and powers:

1. Draft documents for the People's Committee of the commune to submit to the People's Committee of the district regarding land use planning, annual land use plans, land allocation, land leasing, land recovery, transfer of land use rights, change of land use purpose, issuance of land use right certificates in accordance with the law;

2. Submit to the People's Committee of the commune the plan for organizing and implementing approved land use planning and annual land use plans, and monitor the implementation thereof;

3. Review and confirm files for the People's Committee of the commune to lease land, transfer land use rights, and register security transactions involving land use rights and property attached to land for households and individuals in accordance with the law;

4. Implement land registration, file establishment, and file management; monitor changes in land status; revise land files; conduct land statistics and inventory;

5. Participate in mediation and resolution of disputes, complaints, and accusations related to natural resources and the environment in accordance with the law. Identify violations of laws on natural resource and environmental management, and make recommendations  to the People's Committee of the commune and competent authorities for handling

6. Promote and guide the implementation of laws on natural resource protection and the environment; organize environmental sanitation activities in the area;

7. Manage survey markers and boundary markers; preserve land-related data, surveying, and maps;

8. Report periodically and at any time on the implementation of tasks in the fields assigned to the People's Committee of the district and the specialized agency assisting the People's Committee of the district in state management of natural resources and environment.

IV. IMPLEMENTATION

1. The People's Committees of provinces and centrally-administered cities shall base this Circular to detail the functions, tasks, powers, organization, and staffing of the Department of Natural Resources and Environment, the specialized agency assisting the People's Committee of the district in state management of natural resources and environment, and the tasks and powers of village land management cadres.

2. This Circular takes effect fifteen days from the date of publication in the Official Gazette. The Circular No. 470/TT-TCĐC dated July 18, 1994, issued by the General Department of Land Administration on guiding the functions, tasks, powers, and organizational structure of land administration agencies at all levels in localities, and other guiding documents contrary to this Circular are hereby abolished.

3. During the implementation process, if there are difficulties, obstacles, or suggestions for supplementation or amendment, localities should reflect these issues to the Ministry of Natural Resources and Environment and the Ministry of Home Affairs for research and resolution.