Joint Circular No. 03/2008/TTLT-BTNMT-BNV guides the functions, tasks, powers, and organizational structure of specialized agencies for natural resources and environment under People's Committees at all levels.

JOINT CIRCULAR

Guidelines on functions, tasks, powers, and organizational structure of specialized agencies for natural resources and environment under People's Committees at all levels

Organizational structure of specialized agencies for natural resources and environment under People's Committees at all levels

 at all levels

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Pursuant to Decree No. 13/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under Provincial People's Committees and People's Committees of centrally governed cities;

Pursuant to Decree No. 14/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under District People's Committees, Urban District People's Committees, Town People's Committees, and People's Committees of provincial cities;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Ministry of Natural Resources and Environment and the Ministry of Home Affairs provide guidelines on functions, tasks, powers, and organizational structure of specialized agencies for natural resources and environment under People's Committees at all levels as follows:

Part I

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT

I. POSITION AND FUNCTION

1. Department of Natural Resources and Environment is a specialized agency under the People's Committee of provinces and centrally governed cities (hereinafter referred to as the provincial People's Committee) with the function of advising and assisting the provincial People's Committee in performing state management over natural resources and environmental fields, including land, water resources, mineral resources, geology, environment, meteorology and hydrology, surveying and mapping, comprehensive management of seas and islands (for coastal and island provinces); implementing public services in fields within the scope of management of the Department.

2. The Department of Natural Resources and Environment has legal personality, its own seal and separate bank account according to the provisions of law; it is subject to direction and management regarding organization, staffing, and personnel work by the provincial People's Committee; at the same time, it is subject to direction, inspection, and guidance on professional matters by the Ministry of Natural Resources and Environment.

II. TASKS AND POWERS

1. Submit to the provincial People's Committee:

a) Draft decisions, directives, and other documents within the authority of the provincial People's Committee to issue concerning natural resources and environmental fields;

b) Draft plans, five-year programs, and annual plans; programs, projects, and solutions for managing and protecting natural resources and the environment in the locality;

c) Draft regulations on qualification standards for heads and deputy heads of subordinate organizations of the Department and Heads and Deputy Heads of Natural Resources and Environment Departments of districts, towns, and provincial cities;

2. Submitting to the Chairman of the Provincial People's Committee:

a) Draft documents within the authority of the Chairman of the Provincial People's Committee regarding natural resources and environment;

b) Draft decisions on establishing, merging, dissolving, and restructuring business units and bureaus under the Department of Natural Resources and Environment; draft decisions on defining functions, tasks, powers, and organizational structures of bureaus under the Department in accordance with the law;

c) Draft documents specifying working relationships between the Department of Natural Resources and Environment and related Departments and People's Committees of districts, towns, and provincial cities (hereinafter referred to as district-level People's Committees).

3. Guide the implementation of normative legal documents, plans, programs, projects, standards, technical regulations, and economic-technical norms in the field of natural resources and environment issued by competent state authorities; promote, disseminate, and educate laws on natural resources and environment in the province.

4. Regarding land:

a) Take the lead and coordinate with relevant agencies in preparing and adjusting local land use plans and programs to submit to the provincial People's Committee; guide and inspect the implementation of approved land use plans and programs;

b) Organize the review of land use plans and programs submitted by district-level People's Committees to the provincial People's Committee for approval; inspect the implementation of approved land use plans and programs at the district level;

c) Organize the review of files on land allocation, land leasing, land recovery, land rights transfer, land use purpose change, issuance of land use right certificates, and ownership and use rights certificates of attached assets;

d) Implement the issuance of land use right certificates and ownership and use rights certificates of attached assets according to the delegation of the provincial People's Committee; sign land lease contracts, implement land registration and ownership and use rights registration of attached assets according to the law;

đ) Guide and inspect the implementation of procedures for land allocation, land leasing, land recovery, land rights transfer, land use purpose change, issuance of land use right certificates and ownership and use rights certificates of attached assets; land registration, establishment and management of land records; exercise of rights and fulfillment of obligations by land users;

e) Guide, inspect, and organize the implementation of land surveys, assessments, measurements, classification, and grading; preparation and updating of changes in cadastral maps, current land use maps, and land use planning maps; statistics, inventory of land, and construction of provincial land information systems;

g) Lead in determining land prices, send to the Department of Finance for preliminary review before submitting to the provincial People's Committee to set annual land prices in the locality consistent with the national land price framework issued by the Government; propose solutions for cases of land price disputes; organize investigations, compile, and provide information and data on land prices;

h) Lead and coordinate with relevant agencies in guiding, inspecting, and organizing compensation, support, and resettlement for cases of land recovery according to the law;

i) Implement, inspect the collection of fees when allocating land, leasing land, changing land use purposes, recovering land, developing land funds, auctioning land use rights, and tendering projects using land;

k) Manage the operation of the Land Registration Office at the provincial level, develop land funds (in cases where this office is directly under the Department), and guide and inspect the operation of the Land Registration Office at the district level and land development organizations directly under the provincial People's Committee (if any).

5. Regarding water resources:

a) Chair and coordinate with relevant agencies to establish plans for managing, using, and protecting water resources, preventing degradation and depletion of water sources; organize implementation after approval.

b) Organize the review of proposals and projects related to the exploitation and use of water resources, water transfer between river basins under the provincial People's Committee's approval authority;

c) Organize the determination of extraction limits for rivers, aquifers, water storage areas, and restricted extraction zones; plan for regulating and allocating water resources within the jurisdiction;

d) Organize the review of applications for extension, change of term, modification of content, suspension of effect, and revocation of permits for exploration, exploitation, and use of water resources, discharge permits, and underground drilling operation licenses according to authority; implement permit issuance and resource fees as prescribed by law; conduct inspections and checks on activities regulated by permits;

đ) Organize basic investigations, inventory, statistics, and data storage of water resources within the jurisdiction; manage and operate water monitoring facilities constructed by localities;

e) Compile information on water exploitation and use, discharges into water sources within the jurisdiction; establish lists of polluted, degraded, and depleted water sources;

g) Guide and inspect the sealing of unused wells according to legal provisions;

h) Participate in organizing inter-sectoral coordination at the central level, and lead such coordination at the local level regarding management, exploitation, and protection of river basin water resources;

6. Regarding mineral resources:

a) Chair and coordinate with relevant agencies to delineate prohibited and temporarily prohibited mining areas, determine bidding areas for mineral exploration and exploitation under the provincial People's Committee's authority; propose measures to protect mineral resources to the provincial People's Committee;

b) Organize the review of proposals for ordinary construction material and mud coal exploration; participate in planning exploration, exploitation, processing, and utilization of minerals under the provincial People's Committee's permit issuance authority;

c) Organize the review of applications for issuance, extension, revocation, return of mining activity permits, permission for transfer, continuation of mining rights upon inheritance, and closure plans of mines under the provincial People's Committee's decision-making authority;

d) Organize the review of reports on ordinary construction material and mud coal exploration under the provincial People's Committee's approval authority;

đ) Inspect, supervise mining activities of organizations and individuals; resolve disputes, complaints, and accusations about mining activities and handle or recommend handling violations of mining laws according to legal provisions;

e) Manage, store, and provide information and materials on ordinary construction material and mud coal exploration; compile and inventory approved mineral reserves and periodically report to the Ministry of Natural Resources and Environment;

7. Regarding the environment:

a) Organize periodic environmental status assessments at the local level; investigate and identify polluted areas, list pollution-causing facilities, and severe pollution sources within the jurisdiction, and periodically report to the provincial People's Committee and the Ministry of Natural Resources and Environment as prescribed by law; inspect the implementation of pollution remediation measures by these facilities;

b) Chair or coordinate with relevant agencies to develop and implement plans to mobilize resources to respond to and mitigate environmental pollution caused by environmental incidents according to the division of labor by the provincial People's Committee;

c) Implement issuance, extension, and revocation of permits for hazardous waste generators, collectors, transporters, and processors according to legal provisions; guide, inspect, and issue certificates for imported waste materials according to authority;

d) Organize the review of strategic environmental impact assessment reports, environmental impact assessment reports, environmental protection plans, and proposals for establishing natural conservation areas and biodiversity areas under the provincial People's Committee's approval authority; guide and inspect implementation after approval;

đ) Chair and coordinate the implementation of cross-sector programs and plans for environmental protection, restoration, and landscape improvement, conservation, and sustainable development of wetland areas (if applicable) according to the division of labor by the provincial People's Committee;

e) Guide the establishment and management of the environmental monitoring system according to legal provisions; compile and store environmental data at the local level;

g) Organize environmental protection communication activities within the scope of the Department's functions;

h) Organize the collection of fees for reviewing environmental impact assessment reports and environmental protection fees for waste according to legal provisions;

i) Compile the budget for environmental protection expenses of agencies and units under the locality and coordinate with the Finance Department to report to the provincial People's Committee for submission to the Provincial People's Council; chair and coordinate with the Finance Department to manage the local environmental protection fund (if applicable) according to the division of labor by the provincial People's Committee;

8. Regarding meteorology and hydrology:

a) Organize the review of applications for issuance, extension, modification of content, and revocation of permits for specialized meteorological and hydrological facility operations within the provincial People's Committee's decision-making authority and inspect implementation;

b) Chair the review of investment projects for constructing, renovating, and upgrading specialized meteorological and hydrological facilities; participate in developing disaster prevention, mitigation, and recovery plans within the jurisdiction;

c) Be responsible for coordinating with central and local agencies and units in protecting and resolving technical safety zone violations of central meteorological and hydrological facilities within the jurisdiction.

d) Compile and report on the situation and impact of climate change on natural elements, human factors, and socio-economic aspects at the local level; coordinate with relevant sectors to propose and recommend appropriate response measures.

9. Regarding surveying and mapping:

a) Confirm registration; review applications and recommend competent state agencies to issue, supplement, extend, and revoke licenses for surveying and mapping activities in accordance with the law;

b) Organize and manage the implementation of surveying and mapping activities according to plans and programs; manage the quality of surveying and mapping projects and products; uniformly manage all surveying and mapping data systems at the local level; manage confidentiality, storage, provision, exploitation, and utilization of surveying and mapping information; manage the protection of surveying and mapping construction works;

c) Manage and organize the establishment, updating, and exploitation of technical infrastructure systems for surveying and mapping at the local level, including: basic survey points system, geographic information database, map place name system, cadastral map system, administrative map system, base maps, thematic maps serving specific purposes, topographic maps;

d) Monitor the publication and distribution of maps and make recommendations to competent state agencies to suspend distribution and recall publications containing errors regarding national sovereignty, administrative boundaries, and place names within the locality; publications containing technical errors;

10. Regarding comprehensive management of the sea and islands (for coastal provinces and island provinces):

a) Advise the Provincial People's Committee on mechanisms and policies to attract, encourage, and ensure the right to reside, produce, and operate businesses on nearby islands in line with national sovereignty protection goals, sustainable economic and social development, and marine environmental protection;

b) Take the lead or participate in reviewing and evaluating planning networks and investment projects for facilities and equipment serving the management, exploitation, and use of marine and island resources under the authority of the Provincial People's Committee as stipulated by law;

c) Take the lead or coordinate with relevant organizations to implement approved comprehensive coastal area management programs and plans;

d) Take the lead in resolving or recommending competent authorities to resolve inter-departmental and inter-provincial issues related to the management and exploitation of marine and island resources concerning the local area;

đ) Take the lead or participate with relevant agencies in investigating and assessing marine and island resource potential; collecting and building data on marine and island resources and environments at the local level;

e) Implement propaganda and raise community awareness about protecting territorial sovereignty and effectively exploiting economic benefits and potentials from the sea, coastal areas, and islands related to the locality;

11. Provide professional guidance on state management in the field of natural resources and environment for the District Natural Resources and Environment Office; assist commune-level People's Committees in managing state affairs in the field of natural resources and environment;

12. Implement international cooperation in the fields managed by the Department in accordance with the law and assignments or delegations from the Provincial People's Committee; take the lead or participate in reviewing, evaluating, and organizing the implementation of research topics, programs, and projects applying technological advancements related to natural resources and environment in the locality;

13. Guide and inspect the implementation of self-management and responsibility mechanisms for units under the Department and other public service units operating in the field of natural resources and environment in accordance with the law; be responsible for services organized by the Department;

14. Assist the Provincial People's Committee in managing state affairs for enterprises, collective economic organizations, and private economic organizations; guide and inspect the activities of associations and non-governmental organizations in the field of natural resources and environment in accordance with the law;

15. Conduct inspections, investigations, and handle violations in fields within the Department's functions and responsibilities as stipulated by law; resolve complaints, denunciations, and prevent corruption in accordance with the law or delegated authority from the Provincial People's Committee;

16. Define the functions, tasks, powers, organizational structure, and working relationships of the Department's Office, business divisions, inspection bureaus, and subordinate units; manage staffing, implement salary systems and incentive policies, training, rewards, and disciplinary actions for cadres, civil servants, and officials under the Department's management scope as stipulated by law and delegated authority from the Provincial People's Committee; organize professional training for district and commune-level cadres and civil servants involved in natural resources and environment management;

17. Manage the financial assets of the Department in accordance with the law and delegated authority from the Provincial People's Committee;

18. Establish databases on natural resources and the environment; compile and report on the management and protection of natural resources and the environment at the local level as stipulated by law;

19. Perform other tasks assigned by the Provincial People's Committee or as stipulated by law;

III. ORGANIZATIONAL STRUCTURE AND STAFFING

1. Leadership of the Department:

a) The Department of Natural Resources and Environment has a Director and not more than three Deputy Directors. For the number of Deputy Directors of the Department of Natural Resources and Environment in Hanoi City and Ho Chi Minh City, it shall not exceed four people;

b) The Director of the Department is the head of the Department, accountable to the Provincial People's Committee, the Chairman of the Provincial People's Committee, and the law for all activities of the Department; responsible for reporting work to the Provincial People's Council, the Provincial People's Committee, and the Ministry of Natural Resources and Environment as prescribed;

c) The Deputy Director of the Department assists the Director of the Department, accountable to the Director of the Department and the law for assigned tasks; when the Director of the Department is absent, a Deputy Director of the Department appointed by the Director may oversee the Department's operations.

d) The appointment of the Director and Deputy Director of the Department shall be decided by the Chairman of the Provincial People's Committee based on the professional standards issued by the Ministry of Natural Resources and Environment and in accordance with the provisions of the law. The removal, dismissal, commendation, disciplinary action, and other systems and policies for the Director and Deputy Director of the Department shall be implemented in accordance with the provisions of the law.

2. Organizational Structure:

a) Administrative organizations established uniformly within Departments include:

- Office;

- Inspection;

- Environmental Protection Agency.

b) Special administrative organizations shall be decided by the Provincial People's Committee according to the management situation at the local level:

- Land Management Agency (in cases where a Land Management Agency is not established, a specialized department for land management directly under the Department may be established);

- Marine Affairs Office or Marine and Island Affairs Office;

- Mineral Resources Office;

- Water resources, meteorology and hydrology, surveying and mapping fields may establish separate offices or share offices with other fields, ensuring support for the Provincial People's Committee to perform state management functions over these fields within the scope of the Department's functions and tasks.

The Director of the Department of Natural Resources and Environment shall take the lead and coordinate with the Director of the Department of Home Affairs to submit to the Provincial People's Committee for decision on the specific number and names of specialized departments directly under the Department, but not exceeding six departments for Hanoi City and Ho Chi Minh City, and not exceeding five departments for other provinces and centrally-administered cities (excluding the Office, Inspectorate, and agencies under the Department).

c) Public service units directly under the Department:

- Information Technology Center;

- Provincial Land Registration Office;

- Other public service units (if any).

3. Staffing:

a) Administrative establishment includes civil servants working in organizations assisting the Director of the Department, specialized and professional departments, and agencies directly under the Department. The administrative establishment shall be decided by the Provincial People's Committee within the total administrative establishment allocated by the Central Government;

b) Public service establishment includes staff working in public service units directly under the Department. The public service establishment shall be decided by the Provincial People's Committee according to the staffing norms and the provisions of the law.

Part II

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT

I. POSITION AND FUNCTION

1. The Department of Natural Resources and Environment is a specialized agency under the People's Committee of the district, having the function of advising and assisting the People's Committee of the district in managing state affairs regarding: land, water resources, mineral resources, environment, sea and islands (for districts with sea areas).

2. The Department of Natural Resources and Environment has legal personality, its own seal and bank account; it is subject to the direction and management of organization, establishment, and personnel work by the People's Committee of the district, while also being guided and supervised in professional matters by the Department of Natural Resources and Environment.

II. TASKS AND POWERS

1. Submit to the People's Committee of the district for issuance of guiding documents on the implementation of plans, policies, laws of the State on natural resource and environmental management; inspect the implementation after the People's Committee of the district issues such documents.

2. Prepare land use planning, adjust district-level land use planning and plans, and organize their implementation after approval; review commune-level land use planning and plans.

3. Review files on land allocation, land leasing, land recovery, land use purpose change, land use right transfer, and issuance of certificates of land use rights and ownership of attached assets for entities within the jurisdiction of the People's Committee of the district.

4. Monitor changes in land; update and correct land-related documents and maps; manage the activities of the district-level Land Registration Office according to the delegation of the People's Committee of the district; guide and inspect the implementation of land statistics, inventory, and registration by professional cadres on natural resources and environment at communes, towns, and wards (hereinafter referred to as commune-level professional cadres on natural resources and environment); implement the establishment and management of cadastral records, build a district-level land information system.

5. Coordinate with the Department of Natural Resources and Environment and relevant agencies in determining land prices, fees for land use, and land lease fees of the locality; implement compensation, support, and resettlement work in accordance with the law.

6. Organize the implementation of legal regulations and directives of the People's Committee of the district concerning the protection of land, water, and mineral resources (if applicable).

7. Organize registration, confirmation, and inspection of compliance with environmental protection commitments and projects in the locality; prepare periodic environmental status reports; propose solutions to handle pollution in craft villages, industrial clusters, and tourist areas; collect, manage, and store data on water resources and the environment in the locality; guide the People's Committee of the commune to stipulate activities and create conditions for effective operation of self-management organizations for environmental protection.

8. Investigate, compile, aggregate, and classify wells that need to be sealed; inspect the implementation of procedures, formalities, and technical requirements for well sealing.

9. Conduct inspections and participate in audits, resolving disputes, complaints, and denunciations in the field of natural resources and environment according to the division of labor by the People's Committee of the district.

10. Assist the People's Committee of the district in managing collective economic organizations, private enterprises, and guide and inspect the activities of associations and non-governmental organizations operating in the field of natural resources and environment.

11. Implement propaganda, dissemination, education on laws, information on natural resources and environment, and public services in the field of natural resources and environment in accordance with the law.

12. Report regularly and urgently on the implementation of assigned tasks in various fields to the People's Committee of the district and the Department of Natural Resources and Environment.

13. Provide professional guidance to commune-level professional cadres on natural resources and environment.

14. Manage the organizational structure, implement regulations, policies, incentive systems, rewards, disciplinary measures, and professional training for cadres, civil servants, public officials, and employees under the management of the Department in accordance with the law and the division of work by the People's Committee at the district level.

15. Manage the financial resources and assets of the Department in accordance with the law and the division of work by the People's Committee at the district level.

16. Organize the implementation of services in the field of natural resources and environment at the local level in accordance with the law.

17. Perform other tasks assigned by the People's Committee at the district level or as prescribed by the law.

III. ORGANIZATION AND STAFFING

1. The Department of Natural Resources and Environment shall have a Head and not more than three Deputy Heads.

The Head shall be accountable to the People's Committee, the Chairman of the People's Committee at the district level, and to the law for all activities of the Department.

The Deputy Heads shall assist the Head and be accountable to the Head and to the law for the tasks assigned to them.

The appointment of the Head and Deputy Heads shall be decided by the People's Committee at the district level based on the professional standards issued by the People's Committee at the provincial level and in accordance with the law. Dismissal, removal from office, rewards, disciplinary measures, and other policies and benefits for the Head and Deputy Heads shall be implemented in accordance with the law.

2. The Department of Natural Resources and Environment at the district level shall have a Land Registration Office subordinate to it, which shall be decided by the Chairman of the People's Committee at the district level based on guidance from the People's Committee at the provincial level and in accordance with the law.

3. Professional cadres and civil servants of the Department of Natural Resources and Environment working in management on the district territory shall be arranged appropriately according to the tasks assigned; the number of staff positions of the department shall be decided by the People's Committee at the district level within the total administrative staffing of the district allocated by the People's Committee at the provincial level.

Part III

PROFESSIONAL CIVIL SERVANTS IN

NATURAL RESOURCES AND ENVIRONMENT AT THE COMMUNE LEVEL

I. POSITION AND FUNCTION

The land administration and construction officer is a professional civil servant in natural resources and environment at the commune level, assisting the People's Committee at the commune level in state management of natural resources and environment on the commune territory; they are subject to professional guidance and supervision by the Department of Natural Resources and Environment at the district level.

II. DUTIES AND POWERS

1. Advise and assist the People's Committee at the commune level on commune-level land planning and utilization plans, land allocation, land leasing, land recovery, land use right transfer, land purpose change, issuance of land use right certificates in accordance with the law; implement, monitor, and inspect the situation after the competent authority makes a decision.

2. Review files and submit to the People's Committee at the commune level matters concerning land leasing, land use right transfer, registration of secured transactions involving land use rights and attached property for households and individuals in accordance with the law.

3. Implement land registration, establish and manage land records; monitor land changes and update land records; conduct land statistics and inventory; preserve land-related documentation, surveying, and maps; manage survey markers and administrative boundary markers on the commune territory in accordance with the law.

4. Conduct statistics, monitoring, and supervision of water resource exploitation, utilization, and protection; participate in flood prevention, mitigation, and aftermath handling activities on the commune territory.

5. Register and inspect organizations and individuals on the territory who undertake environmental protection commitments authorized by the People's Committee at the district level.

6. Implement plans and specific tasks related to maintaining environmental hygiene in residential areas, households, and public environmental protection activities on the territory according to the assignment of the Chairman of the People's Committee at the commune level.

7. Participate in mediation and resolution of disputes, complaints, and accusations in the field of natural resources and environment in accordance with the law; identify cases of violation of laws on natural resources and environment management and protection, handle them within their authority, and report to competent authorities for further action in accordance with the law.

8. Report on work in the field of natural resources and environment and perform other tasks assigned by the People's Committee at the commune level.

Part IV

IMPLEMENTATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette and replaces Circular Jointly Issued No. 01/2003/TTLT-BTNMT-BNV dated July 15, 2003, of the Ministry of Natural Resources and Environment and the Ministry of Home Affairs guiding the functions, duties, powers, and organization of specialized agencies assisting the People's Committee in state management of natural resources and environment at the local level.

2. Provincial People's Committees:

a) Specify the functions, duties, powers, and organizational structure of the Department of Natural Resources and Environment; guide the People's Committee at the district level to specify the duties, powers, and organizational structure of the District Department of Natural Resources and Environment;

b) Based on the characteristics and socio-economic conditions of the locality, decide on the establishment, merger, dissolution, division, and reorganization of specialized and service units under the Department of Natural Resources and Environment in accordance with the guidelines set out in this Circular Jointly Issued.

3. The Chairmen of the People's Committees of provinces and centrally-administered cities are responsible for organizing and implementing this Circular Jointly Issued.

During the implementation process, if any issues arise or difficulties occur, the provinces and centrally-administered cities should promptly reflect these to the Ministry of Natural Resources and Environment and the Ministry of Home Affairs for consideration and resolution within their jurisdiction./.