Circular No. 05/2021/TT-BTNMT guiding the functions, tasks, and authorities of the Department of Natural Resources and Environment under the People's Committee at the provincial level and the Department of Natural Resources and Environment under the People's Committee at the district level.

CIRCULAR

GUIDELINES ON THE FUNCTIONS, TASKS, POWERS OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT UNDER THE PROVINCE PEOPLE'S COMMITTEE AND THE ENVIRONMENT AND NATURAL RESOURCES DIVISION UNDER THE DISTRICT PEOPLE'S COMMITTEE

DEPARTMENT BELONGING TO THE PROVINCE PEOPLE'S COMMITTEE, DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT

DEPARTMENT BELONGING TO THE DISTRICT PEOPLE'S COMMITTEE

On the basis of Decision No. 36/2017/NĐ-CP dated April 4, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on the organization of specialized agencies under provincial people's committees and municipal people's committees directly under the central government, amended and supplemented by Decree No. 107/2020/NĐ-CP dated September 14, 2020;

Pursuant to Decree No. 37/2014/NĐ-CP dated May 5, 2014 of the Government on the organization of specialized agencies under district people's committees, town people's committees, city people's committees under provinces, and municipal people's committees directly under the central government, amended and supplemented by Decree No. 108/2020/NĐ-CP dated September 14, 2020;

Pursuant to Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government on the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, amended and supplemented by Decree No. 101/2020/NĐ-CP dated August 28, 2020;

Pursuant to the proposal of the Heads of the Departments: Legal Affairs Department, Cadres and Civil Servants Organization Department;

The Minister of Natural Resources and Environment promulgates this Circular guiding the functions, tasks, and powers of the Department of Natural Resources and Environment under the provincial people's committee (hereinafter referred to collectively as the provincial people's committee), and the Environment and Natural Resources Division under the district people's committee (hereinafter referred to collectively as the district people's committee).

PART I

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT

Article 1. Position and Functions

1. The Department of Natural Resources and Environment is a specialized agency under the provincial people's committee; it performs the function of advising and assisting the provincial people's committee in state management over land; water resources; mineral resources and geology; environment; meteorology and hydrology; climate change; surveying and mapping; comprehensive management of natural resources and environmental protection of the sea and islands (for provinces and centrally governed cities with coastal areas) and public services related to natural resources and the environment as prescribed by law.

2. The Department of Natural Resources and Environment has legal personality, its own seal and separate bank account as prescribed by law; it is subject to the direction, management, and operation of the provincial people's committee; it is also subject to the direction, inspection, and guidance on professional matters from the Ministry of Natural Resources and Environment.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. Submit to the People's Committee at the provincial level

a) Draft normative legal documents and other documents concerning natural resources and the environment within the scope and authority of issuance of the provincial people's committee;

b) Draft long-term plans, five-year plans, annual plans, programs, projects, measures for organizing the implementation of tasks concerning natural resources and the environment within the decision-making authority of the provincial people's committee;

c) Draft decisions on the delegation of responsibilities for state management over natural resources and the environment to the Department of Natural Resources and Environment and the district people's committee;

d) Draft decisions on the functions, tasks, powers, and organizational structure of the Department of Natural Resources and Environment; draft decisions on the functions, tasks, powers, and organizational structure of the inspection units and public service organizations under the Department of Natural Resources and Environment;

đ) Draft decisions on the socialization of activities providing public services related to natural resources and the environment within the authority of the provincial people's committee and according to the delegation of higher-level state agencies.

2. Submit to the Chairman of the provincial people's committee draft decisions, directives, and other documents concerning natural resources and the environment within the authority of issuance of the Chairman of the provincial people's committee.

3. Organize the implementation of laws, plans, programs, projects, and proposals concerning natural resources and the environment after approval; promote, disseminate, educate, and monitor the enforcement of laws concerning natural resources and the environment.

4. Manage and organize certification, registration, issuance of permits, certificates within the scope of functions, tasks, and powers assigned or delegated by the provincial people's committee and the Chairman of the provincial people's committee.

5. On Land

a) Take the lead and coordinate with relevant agencies to develop the content of land allocation and zoning plans according to functional zones and land types at the district administrative level within the provincial planning and provincial land use plan;

b) Organize the review of land use planning and plans submitted by the district people's committee for approval by the provincial people's committee; consolidate, monitor, and inspect the implementation of approved land use planning and plans;

c) Take the lead in advising the provincial people's committee to establish land allocation limits, recognize residential land for households and individuals; recognition limits of land use rights for cases where households and individuals have self-developed agricultural land; allocation limits of vacant, mountainous, and barren land, and unused land groups for households and individuals; minimum area for land division and other contents as prescribed by law for each type of land;

d) Organize the review of land allocation, land leasing, land recovery, land transfer, land use purpose conversion, land use right certificate issuance, house ownership and other property attached to land certificates according to the law; organize the review of compensation and resettlement plans according to authority; assist the Chairman of the provincial people's committee in implementing land requisition according to the law;

đ) Implement land registration and registration of assets attached to land, issue land use right certificates, house ownership certificates, and other property attached to land certificates according to authority and delegation of the provincial people's committee; sign land lease contracts; establish, manage, update, and amend cadastral records for organizations, religious institutions, foreign organizations and individuals, overseas Vietnamese implementing investment projects according to regulations;

e) Organize the implementation and guide the inspection of natural resource surveys and evaluations; land surveys, investigations, measurements, and evaluations; establishment, amendment, and management of cadastral maps; statistics, inventory, and creation of current land use status maps; construction and operation of monitoring and evaluation systems for land management and use;

g) Chair the organization to build and adjust the land price list for submission to the provincial People's Committee for promulgation; prepare the land price map;

h) Chair the organization to determine specific land prices as a basis for calculating land use fees, land rental fees, the value of land use rights when state-owned enterprises are equitized, compensation payments when the State recovers land, and other cases as prescribed by law for submission to the provincial People's Committee for decision;

i) Organize the construction, management, operation, exploitation, and utilization of local land databases and integrate and update them into the national land database;

k) Chair and coordinate with relevant agencies to guide, inspect, and organize the implementation of compensation, support, and resettlement for cases where land is recovered according to the provisions of the law;

l) Inspect and organize the implementation of land development; manage and exploit the land fund; organize the auction of land use rights according to regulations;

m) Monitor, evaluate, and inspect the management and use of land in the locality according to the provisions of the law;

6. On water resources

a) Prepare and organize the implementation of plans for the exploitation, use, protection of water resources, prevention, control, and remediation of adverse effects caused by water within the provincial planning as prescribed by law; prepare and implement plans for regulating, allocating water resources, restoring polluted and depleted water sources; supervise activities related to the exploitation, use, and protection of water resources, prevention, control, and remediation of adverse effects caused by water;

b) Define restricted areas, areas requiring registration for underground water exploitation, areas needing artificial replenishment, thresholds for underground water exploitation within the scope of authority; guide, monitor, and inspect the sealing of unused wells according to the provisions of the law;

c) Organize the construction, management, and implementation of water resource monitoring for the local water resource monitoring network; construct, manage systems for supervising water resource exploitation and use activities, information systems, and water resource databases at the local level;

d) Organize responses and remediation of water source pollution incidents; monitor, detect, and participate in resolving transboundary water source pollution incidents according to the scope of authority; establish and manage water source protection zones, sanitary protection zones for water supply areas; ensure water supply for domestic use during droughts, water shortages, or water source pollution incidents; organize the implementation of measures to protect against riverbank erosion and collapse; organize investigations, assessments, monitoring, and supervision of river flow changes, sedimentation, erosion, and collapse;

đ) Organize the acceptance, review of applications for issuance, extension, adjustment, suspension, revocation, reissuance of water resource exploitation permits, and permission to transfer water resource exploitation rights according to the scope of authority; review applications for approval, adjustment, recovery, and refund of fees for water resource exploitation permits according to the law; guide the registration of water resource exploitation and use;

e) Organize basic surveys, monitoring of water resources according to the scope of authority; inventory and statistically record water resource data in the area; report to the Ministry of Natural Resources and Environment on the results of basic water resource surveys, management, exploitation, use, protection, prevention, and remediation of adverse effects caused by water in the area;

g) Organize investigations, evaluations, determinations, and public announcements of minimum flows on rivers and streams within the province and those not included in the list of inter-provincial river basins or provincial river basins that have reservoirs or are planned for reservoir construction with water exploitation and use requiring water resource exploitation permits;

h) Organize investigations, evaluations of the carrying capacity of rivers and lakes as internal water sources; announce water sources that have lost their carrying capacity; compile lists of internal water sources; lists of ponds, lakes, swamps, and lagoons that cannot be filled in according to regulations;

i) Compile the situation of water exploitation and use, discharges into water sources in the area; compile lists of polluted, degraded, and depleted water sources;

k) Organize the collection of opinions from community representatives, organizations, and individuals involved in water resource exploitation and use according to the provisions of the law; confirm the time when water exploitation and use projects must cease operations according to the scope of authority;

l) Resolve issues arising from the coordination and supervision of river basin management among participating agencies;

7. On mineral resources

a) Define areas prohibited from mineral activities, temporarily prohibited from mineral activities; determine areas not subject to bidding for mineral exploitation permits within the scope of provincial People's Committee licensing authority; propose to the provincial People's Committee measures to protect unexploited minerals; prepare plans and organize bidding for mineral exploitation permits within the scope of provincial People's Committee licensing authority after approval;

b) Prepare plans for mineral exploration, exploitation, and use in the locality according to regulations; promptly report to the provincial People's Committee and the Ministry of Natural Resources and Environment when new mineral information is discovered; inventory and statistically record mineral reserves within the scope of provincial People's Committee licensing authority;

c) Organize the acceptance, review of applications for issuance, extension, revocation, return of mineral exploration permits, mineral exploitation permits; applications for transfer of mineral exploration rights, mineral exploitation rights; applications for partial return of exploration and exploitation areas; mine closure plans; applications for adjustment of mineral exploitation permits;

d) Organize the acceptance, calculation, review, and submission for approval of applications for bidding on mineral exploitation rights, applications for payment of mineral exploitation permit fees, applications for determination of mineral potential assessment costs, exploration costs to be refunded for mines within the scope of provincial People's Committee licensing authority;

đ) Organize the review and submission to the provincial People's Committee for resolution of on-site surveys and surface sampling to select areas for mineral exploration project proposals by organizations and individuals according to the provisions of the law;

e) Organize the review of reports on the results of mineral exploration, files approving mineral reserves for minerals within the approval authority of the provincial People's Committee; compile and periodically report to the Ministry of Natural Resources and Environment on approved mineral reserves as prescribed.

8. On the environment

a) Organize the review of environmental impact assessment reports and plans for environmental remediation and restoration during mineral exploitation activities within the approval authority of the provincial People's Committee as prescribed by law;

b) Organize the issuance, adjustment of hazardous waste discharge registration books as prescribed by law; implement inspections and confirmations of the completion of environmental protection works of projects; inspect and confirm partial completion of environmental remediation and restoration during mineral exploitation activities within the authority of the provincial People's Committee; coordinate inspections and confirmations of the overall completion of environmental remediation and restoration during mineral exploitation activities when conducting mine closure procedures within the authority of the provincial People's Committee; organize confirmations of the registration and implementation of environmental protection plans of projects, production, business, and service schemes within the authority as prescribed by law; organize the implementation of activities related to the registration, recognition, issuance, and revocation of various permits and certificates regarding biodiversity within the authority as prescribed by law; review files for issuing certificates of biodiversity conservation facilities as assigned by the provincial People's Committee; review files for issuing permits for the exchange, purchase, sale, gift, lease, and transfer of specimens of species listed in the Priority Protected Species List; review files for issuing permits for breeding species listed in the Priority Protected Endangered, Precious, and Rare Species List;

c) Organize the management and control of discharges and pollution sources from production, business, and service activities within the jurisdiction as prescribed by law, including: guiding, inspecting, and supervising the trial operation of environmental protection works; receiving and processing continuous automatic monitoring data for discharges and pollution sources; inspecting and supervising periodic monitoring activities for discharges and pollution sources; monitoring, guiding, and inspecting environmental protection activities of production, business, and service establishments within the managed area as prescribed;

d) Organize the management of household solid waste within the jurisdiction; guide and inspect activities related to the recovery and disposal of expired or discarded products by production, business, and service establishments; participate, guide, and inspect the importation of scrap materials from abroad as raw materials for production and other solid waste management activities within the responsibility as prescribed by law;

đ) Organize investigations, assessments, development, and implementation of programs, plans, proposals, and projects to address pollution, restore, and improve environmental quality as prescribed by law and as assigned by the provincial People's Committee; organize the implementation of village craft environmental protection work within the jurisdiction as prescribed by law;

e) Organize the development of plans for natural conservation and biodiversity integration into provincial planning; organize investigations, assessments, listing, and establishment of nature conservation areas, biodiversity corridors, high-biodiversity areas, important wetlands, significant ecological landscapes, and biodiversity conservation facilities; organize measures for conserving priority protected endangered, precious, and rare species, preserving local species' genetic resources, and species with local value; manage and supervise activities related to accessing genetic resources and traditional knowledge associated with genetic resources as prescribed by law; control invasive alien species, genetically modified organisms, and products and goods derived from genetically modified organisms; organize censuses, monitoring, and reports on biodiversity, building and operating biodiversity databases; organize the implementation of provincial-level payments for ecosystem services related to biodiversity; prepare nomination files for international conservation titles (Ramsar Sites, ASEAN Heritage Parks, World Biosphere Reserves);

g) Develop and implement plans for preventing and responding to environmental incidents; restore and improve the environment after incidents according to the law;

h) Organize the construction and management of environmental monitoring systems, conduct environmental monitoring, provide information on environmental quality, and warn about environmental pollution within the jurisdiction as prescribed by law;

i) Organize the construction and management of environmental data and information, and develop environmental reports as prescribed by law; advise on organizing the implementation of environmental statistics indicators in strategies, plans, proposals, and projects within the approval authority of the provincial People's Committee as prescribed by law;

k) Organize the determination of environmental damage; demand compensation for environmental damage caused by pollution and degradation within the jurisdiction as prescribed by law;

l) Aggregate annual funding requirements for environmental public welfare activities of departments, committees, district people's committees, and submit them to the Department of Finance for coordination and submission to the competent authority for approval; monitor and supervise the implementation of budget plans and estimates from environmental public welfare funds after approval as prescribed by law;

m) Organize the collection of environmental protection fees for industrial wastewater and environmental remediation and restoration guarantees as prescribed by law; assist the provincial People's Committee in managing the local Environmental Protection Fund according to assignments and as prescribed by law;

n) Take the lead and coordinate with relevant agencies in resolving cross-sectoral and cross-district environmental issues within the province and sustainable natural resource exploitation activities as prescribed by law;

9. On meteorology and hydrology

a) Lead the review of investment projects for constructing, renovating, and upgrading specialized meteorological and hydrological facilities;

b) Review technical standards of meteorological and hydrological works, dedicated meteorological and hydrological measurement equipment construction projects funded by state budget according to legal provisions;

c) Coordinate with central and local agencies in protecting and addressing violations of technical corridors of central meteorological and hydrological works within their jurisdiction;

d) Lead and coordinate with relevant units to develop plans for the development of specialized meteorological and hydrological observation station networks to meet information and data needs for economic and social development and disaster prevention and mitigation at the local level;

đ) Organize inspections on the implementation of receiving and transmitting weather forecast and warning information within the management area;

e) Review applications for issuing, extending, amending, supplementing, suspending, terminating validity, revoking, and reissuing permits for weather forecasting and warning activities for organizations and individuals under the provincial People's Committee's licensing authority;

g) Organize the establishment and submission to the provincial People's Committee for issuance of regulations on water levels corresponding to flood warning levels at locations within the management area;

h) Urge and inspect the implementation of legal provisions related to the provision of meteorological and hydrological information concerning the operation of reservoirs during flood periods;

i) Monitor and evaluate the exploitation and use of weather and climate disaster forecasts and warnings to serve economic and social development and disaster prevention and mitigation within the area; review, audit, and assess the exploitation and use of meteorological and hydrological information and data in economic and social development projects, programs, plans, and projects within the management area;

k) Lead and coordinate with relevant agencies to organize inspections and urge, within their authority, activities related to observation, forecasting, warning, and implementing measures to develop meteorological and hydrological activities within the area;

10. On Climate Change

a) Develop, update, and implement the Action Plan to address climate change and the Implementation Plan of the Paris Agreement on climate change at the local level;

b) Implement tasks in strategies, plans, programs, projects, and proposals on climate change within the scope of management;

c) Integrate climate change content into strategies, plans, and programs within the scope of management;

d) Organize adaptation activities to climate change; assess impacts, vulnerability, risks, losses, and damages caused by climate change; develop response solutions to climate change within the management area;

đ) Organize monitoring, evaluation of local adaptation activities to climate change and reduction of greenhouse gas emissions within the management authority;

e) Manage carbon trading activities; control production, export, import, consumption of ozone-depleting substances and greenhouse gases in accordance with laws and international treaties to which Vietnam is a member;

g) Organize surveys, collect information, and data to serve national greenhouse gas inventories and update the national database;

h) Lead and coordinate with relevant agencies annually to prepare reports on climate change response within the province to be submitted to the Ministry of Natural Resources and Environment for national report preparation;

i) Participate in implementing international commitments on climate change and ozone layer protection as assigned by the provincial People's Committee;

11. On Surveying and Mapping

a) Review surveying and mapping contents in programs, projects, and tasks using state budget funds implemented by departments, sectors, and local People's Committees;

b) Organize the implementation of investment, construction, operation, management, maintenance, protection, relocation, and removal of surveying infrastructure within the management scope;

c) Organize the establishment, management, and updating of national geographic spatial data infrastructure and surveying and mapping databases within the management scope;

d) Manage the quality of surveying and mapping products; manage storage, confidentiality, provision, exchange, exploitation, and use of surveying and mapping information and data within the management scope;

đ) Review application files and propose the Vietnam National Survey and Mapping Agency to issue, supplement, extend, replace, revoke surveying and mapping activity licenses according to legal provisions;

e) Organize examinations, issue, extend, reissue, replace, and revoke Class II surveying and mapping practice certificates; store certificate issuance records and publish information of individuals holding surveying and mapping practice certificates according to legal provisions;

g) Monitor the publication and distribution of maps within the area and recommend competent authorities to suspend publication and recall map publications containing prohibited content and actions in publishing activities, and map products with technical errors according to regulations;

h) Monitor the enforcement of surveying and mapping laws within the area; prepare annual reports on surveying and mapping activities within the provincial People's Committee's management scope and submit them to the Ministry of Natural Resources and Environment for consolidation and reporting to the Government;

12. On Integrated Management of Marine and Coastal Resources and Environmental Protection (for coastal provinces)

a) Coordinate the organization of implementing sustainable marine economic development strategies within the management scope;

b) Organize the implementation of sustainable marine resource exploitation and utilization, marine and island environmental protection strategies; national marine space planning, marine use plans; overall sustainable exploitation and utilization of coastal resources planning; establish, submit to the provincial People's Committee for approval, and organize the implementation of integrated management programs for coastal resources and environment within the management scope;

c) Review, submit to the Provincial People's Committee for decisions on issuing, reissuing, extending, amending, supplementing, allowing return, revoking the Marine Disposal Permit; manage marine disposal activities within the jurisdiction of the Provincial People's Committee;

d) Review files submitted to the Provincial People's Committee for decisions on allocating, recognizing, allowing return of marine areas; extending, amending, supplementing decisions on allocating marine areas; revoking marine areas; manage the use of marine areas within the jurisdiction of the Provincial People's Committee;

đ) Organize the establishment and management of coastal protection zones; establish records and manage marine and island resources according to regulations;

e) Implement environmental monitoring and control activities in marine and island environments, oil spill response and hazardous chemical response activities at sea according to regulations;

g) Organize the implementation of basic investigation, statistics of marine and island resources according to regulations.

13. Regarding Remote Sensing

a) Organize the implementation of projects and programs on remote sensing application in basic investigations, monitoring, supervising natural resources, protecting the environment, responding to climate change within the scope of management;

b) Determine local needs for remote sensing image data, send to the Ministry of Natural Resources and Environment for consolidation and uniform acquisition; implement acquisition, storage, processing of remote sensing image data; build, update, publish metadata of remote sensing images within the scope of local management; send copies of purchased foreign remote sensing image data and metadata funded by state budget to the Ministry of Natural Resources and Environment for integration into the national remote sensing image database according to laws;

c) Review and manage the quality of remote sensing products according to legal provisions;

d) Implement activities to ensure technical safety corridors and protect infrastructure facilities for remote sensing image data acquisition on the territory according to legal provisions;

14. Regarding Information Technology Application and Digital Transformation of Natural Resources and Environment

a) Organize the collection, construction, operation of provincial natural resources and environment databases; integrate, connect, share with the national natural resources and environment database;

b) Build, manage, operate digital infrastructure, network infrastructure, digital platforms, specialized information systems, databases within the scope of management; implement information security, data security, computer security, and network security according to regulations;

c) Organize the analysis, processing of natural resources and environment data and information within the scope of management to serve state management work, public service provision, smart city development, economic and social development;

d) Implement online public services regarding natural resources and environment within the scope of management; connect with the Ministry of Natural Resources and Environment’s Public Service Portal, National Public Service Portal;

đ) Manage and preserve documents and materials; provide information and data on natural resources and environment within the scope of management according to regulations;

15. Assist the Provincial People's Committee in building and organizing the implementation of training plans on natural resources and environment for civil servants of the Department of Natural Resources and Environment under the District People's Committees, specialized civil servants on natural resources and environment under the Commune People's Committees, and related organizations and individuals according to legal provisions;

16. Organize research and application of science and technology; implement international cooperation on natural resources and environment according to legal provisions and as assigned or authorized by the Chairman of the Provincial People's Committee;

17. Guide and inspect the implementation of self-management and self-responsibility mechanisms of subordinate units under the Department of Natural Resources and Environment according to legal provisions;

18. Inspect, audit, and handle violations by agencies, organizations, and individuals in the enforcement of laws within the jurisdiction of the Department of Natural Resources and Environment; receive citizens; resolve complaints and denunciations; prevent and combat corruption according to legal provisions and as delegated or authorized by the Chairman of the Provincial People's Committee;

19. Assist the Provincial People's Committee in managing associations and non-governmental organizations operating in fields under the jurisdiction of the Department of Natural Resources and Environment according to legal provisions;

20. Specify the functions, tasks, powers, and working relationships of specialized departments, Office, Inspectorate under the Department; manage organizational structure, job positions, civil servant quota, civil servant grade structure in administrative organizations under the Department; job positions, staff structure by profession and number of employees in subordinate units under the Department; implement appointment, salary system, incentive policies, training, promotion, rewards, and disciplinary measures for civil servants, staff, and workers under the jurisdiction of the Department according to legal provisions and as assigned or authorized by the Chairman of the Provincial People's Committee;

21. Manage and be responsible for assets and finances allocated according to legal provisions and as assigned, delegated, or authorized by the Chairman of the Provincial People's Committee;

22. Implement information, statistics, compilation, regular and ad hoc reporting on the situation of task implementation in assigned fields of work with the Provincial People's Committee and the Ministry of Natural Resources and Environment;

23. Perform other tasks according to legal provisions and assignments, delegations from the Provincial People's Committee, the Chairman of the Provincial People's Committee, and higher-level state agencies;

Chapter II

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT

Article 3. Position and Functions

1. The Department of Natural Resources and Environment is a specialized agency under the District People's Committee, performing advisory and assistance functions for the District People's Committee in state management of natural resources and environment including: land; water resources; mineral resources; environment; comprehensive management of natural resources and marine and island environment protection (for districts with coastlines); surveying and mapping; climate change;

2. The Department of Natural Resources and Environment has its own seal and account; it is subject to direction, management, and operation by the District People's Committee, while also being subject to professional guidance, inspection, and direction by the Department of Natural Resources and Environment.

Article 4. Tasks and Powers

土地管理

水资源管理

矿产资源管理

环境保护

海洋和岛屿自然资源与环境保护（适用于沿海地区）

应对气候变化行动规划的制定与实施

气象水文活动国家管理

资源与环境相关许可证的审批、登记与发放

a) Implement measures to protect the quality of water resources and drinking water sources in the locality; conduct surveys, statistics, compilation, and classification of wells that need to be sealed;

b) Coordinate in organizing responses and remediation of water pollution incidents; monitor, detect, and participate in resolving water pollution incidents within their authority;

c) Coordinate in organizing registration of water resource exploitation and utilization activities within their authority.

6. Regarding mineral resources

a) Implement tasks related to land leasing for mineral activities, infrastructure use, and other issues for organizations and individuals permitted to engage in mineral activities according to legal provisions;

b) Implement measures to protect unexploited mineral resources and other natural resources according to legal provisions;

c) Propose mobilization of forces in the area to dismantle and prevent illegal mineral activities; report to the People's Committee at the district level on the situation of protecting unexploited mineral resources in the area according to legal provisions.

7. Regarding the environment

a) Organize registration, confirmation, and inspection of the implementation of environmental protection plans, plans for prevention, response, and remediation of environmental incidents in the area; advise the People's Committee at the district level on state management of emergency response to waste incidents; organize inspections and assessments of waste incident risks; organize emergency response to waste incidents and post-incident environmental restoration according to legal provisions;

b) Organize the collection of fees for environmental protection for industrial wastewater according to legal provisions for facilities under management in the area; prepare reports on environmental protection work; participate in compiling periodic environmental status reports; advise on organizing statistical reporting on environmental indicators; implement environmental protection work for craft villages, industrial clusters, and tourist areas in the area according to the division of the People's Committee at the district level and according to legal provisions; collect, manage, and store environmental data, nature conservation, and biodiversity in the area;

c) Implement activities for nature conservation and biodiversity preservation in the managed area according to legal provisions.

8. Regarding comprehensive management of natural resources and marine and island environmental protection (for coastal districts)

a) Review files submitted to the People's Committee at the district level for decisions on granting, recognizing, returning marine areas for aquaculture; extending, amending, supplementing Decisions on granting marine areas for aquaculture; recovering marine areas for aquaculture; managing the use of marine areas within the authority of the People's Committee at the district level;

b) Implement measures to protect unexploited marine and island resources according to legal provisions;

c) Protect coastal buffer zones within the area; coordinate with agencies and organizations to protect monitoring systems for marine and island resources and environment within the management scope;

d) Participate in responding to and remedying oil spills and toxic chemical spills at sea; monitor, detect, and participate in resolving incidents causing marine environmental pollution, coastal erosion, and collapse.

9. Participate in managing survey markers according to the分级任务如下：

10. Participate in building and updating the provincial action plan to respond to climate change; organize the implementation of the district's action plan to respond to climate change; implement programs, tasks, and projects on climate change according to the division of labor by the District People's Committee and the Department of Natural Resources and Environment.

11. Carry out state management tasks concerning meteorological and hydrological activities according to分级授权 or delegation from higher-level competent authorities; participate in protecting works of meteorological and hydrological stations belonging to the national meteorological and hydrological station network and other meteorological and hydrological stations within the territory; participate in handling and dealing with violations of meteorological and hydrological matters according to authority.

12. Review, register, and issue various types of permits related to natural resources and the environment in accordance with the provisions of the law and according to the division of labor,分级授权or delegation by the County People's Committee.

13. Monitor and inspect organizations and individuals in their compliance with laws on natural resources and the environment; receive citizens, handle complaints and denunciations; prevent and combat corruption and waste in accordance with the law and the division of labor assigned by the provincial People's Committee.

14. Implement scientific research and technology application; deploy electronic governance and digital transformation towards a digital government regarding natural resources and the environment; build, manage, operate and provide data, information, and materials on natural resources and the environment in accordance with the law and the division of labor assigned by the provincial People's Committee.

15. Assist the provincial People's Committee in managing the organization and activities of associations and non-governmental organizations in the field of natural resources and the environment within the authority of the provincial People's Committee.

16. Assist the provincial People's Committee to organize training, capacity building, and guide and inspect specialized knowledge and professional skills for civil servants in charge of natural resources and the environment at the district People's Committee and related organizations and individuals in accordance with the law.

17. Manage and utilize civil servants according to job positions; propose rewards, disciplinary actions, training, and capacity building for civil servants under the management of the Natural Resources and Environment Department in accordance with the law; manage and organize the effective use of state assets, property, working tools, finance, and budget allocated in accordance with the law and the division of labor or delegation from higher-level state agencies.

18. Carry out information and regular and urgent reporting on the implementation of assigned tasks to the People's Council, the provincial People's Committee, and the Department of Natural Resources and Environment.

19. Perform other tasks as prescribed by law and the division of labor, decentralization, or delegation by the provincial People's Committee, the Chairman of the provincial People's Committee, and higher-level state agencies.

Chapter III

IMPLEMENTATION

Article 5. Effective Date

1. This Circular takes effect from August 2, 2021.

2. This Circular replaces Joint Circular No. 50/2014/TTLT-BTNMT-BNV dated August 28, 2014, of the Ministry of Natural Resources and Environment and the Ministry of Home Affairs guiding the functions, tasks, powers, and organizational structure of the Department of Natural Resources and Environment under the provincial People's Committee, and the Natural Resources and Environment Office under the district, urban district, town, and provincial city People's Committees.

Article 6. Responsibility for Implementation

1. Provincial People's Committees shall be responsible for:

a) Specify the functions, tasks, and powers of the Department of Natural Resources and Environment; decide on the organizational structure of the Department of Natural Resources and Environment in accordance with management requirements, local characteristics, and criteria for establishing organizations as stipulated by law; decide on the establishment, restructuring, and dissolution of public service units in the field of natural resources and the environment in accordance with the approved planning of public service units in the field of natural resources and the environment by the competent authority and the guidelines of the Ministry of Natural Resources and Environment and the Ministry of Home Affairs;

b) Direct the Department of Natural Resources and Environment, the Department of Home Affairs, and the district People's Committee to promptly review and develop or amend and supplement the Job Position Plan and the Civil Servant Rank Structure of the Department of Natural Resources and Environment and the Natural Resources and Environment Office, and the Job Position Plan in public service units under the Department of Natural Resources and Environment in accordance with the regulations; implement the review of civil servant quotas and the number of staff in public service units to report to the provincial People's Committee to propose the competent authority to allocate and adjust civil servant quotas and the number of staff for the Department of Natural Resources and Environment and the Natural Resources and Environment Office to ensure the implementation of tasks in accordance with the law;

c) Direct and guide the district People's Committee to specify the functions, tasks, powers, organization, and staffing of the district Natural Resources and Environment Office; the quota of land administration - construction - urban affairs and environment civil servants (for wards and towns) or land administration - agriculture and environment civil servants (for communes) to ensure the implementation of tasks in accordance with the law.

2. The Chairman of the provincial People's Committee is responsible for organizing the implementation of this Circular. During the implementation process, if there are difficulties, obstacles, or need for supplementation or amendment, the provincial People's Committee shall promptly reflect to the Ministry of Natural Resources and Environment for consideration and resolution within its authority./.