Decision No. 06/2018/QD-TTg stipulates the functions, tasks, powers, and organizational structure of the Vietnam Marine and Island Administration under the Ministry of Natural Resources and Environment.

Pursuant to …;

PROVISIONS ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE VIETNAM AGENCY OF SEAS AND ISLANDS UNDER THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

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

Based on Decree No. 1Decree No. 23/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

Pursuant to Decree No. 36/2017/NĐ-CP dated April 4, 2017 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

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

The Prime Minister issues this Decision to provide for the functions, tasks, powers, and organizational structure of the Vietnam Agency of Seas and Islands under the Ministry of Natural Resources and Environment.

Article 1. Position and Functions

1. The Vietnam Agency of Seas and Islands is an organization under the Ministry of Natural Resources and Environment, performing the function of advising and assisting the Minister of Natural Resources and Environment in comprehensively managing marine and island resources, protecting the marine and island environment; managing and organizing the implementation of public service activities within the scope of state management of the Agency as prescribed by law.

2. The Vietnam Agency of Seas and Islands has legal personality, bears the State Emblem seal, maintains a separate account; its headquarters is located in Hanoi City.

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. To the Minister of Natural Resources and Environment:

a) Draft laws, draft resolutions of the National Assembly; draft ordinances, draft resolutions of the Standing Committee of the National Assembly; draft decrees, resolutions of the Government; draft decisions, directives of the Prime Minister; mechanisms, policies, and other documents within the scope of management of the Agency;

b) Strategies for sustainable exploitation and utilization of marine and island resources, protection of the marine and island environment; national maritime space planning; overall planning for sustainable exploitation and utilization of coastal resources; programs, plans, projects, tasks, and important national works within the scope of management of the Agency;

c) National technical standards, national technical regulations, technical norms, economic-technical quotas within the scope of management of the Agency,

2. Assist the Minister of Natural Resources and Environment in participating in building strategies, policies, projects in fields related to national defense, security, diplomacy concerning socio-economic development, sovereignty, sovereign rights, jurisdiction of Vietnam over the sea; mechanisms and policies for exploiting and utilizing marine resources led by ministries, sectors, localities.

3. Provide professional guidance within the scope of management of the Agency.

4. Organize propaganda on seas and islands; disseminate and educate laws on fields within the scope of management of the Agency; organize the National Sea and Island Week annually.

5. Guide, inspect, and organize the implementation of normative legal documents, mechanisms, policies, strategies, plans, programs, projects, tasks within the scope of management of the Agency.

6. Regarding basic surveys of marine and island resources and environment:

a) Submit to the Minister of Natural Resources and Environment the key program for basic surveys of marine and island resources and environment; programs, projects, tasks for basic surveys of marine and island resources and environment assigned by the competent authority; organize implementation after approval by the competent authority; monitor and consolidate the implementation of basic surveys on seas and islands nationwide;

b) Participate in providing opinions on projects, tasks for basic surveys of marine and island resources and environment not included in the key program for basic surveys of marine and island resources and environment established and approved by ministries, agencies at ministerial level, government agencies, and provincial people's committees with seacoasts;

c) Inspect compliance with legal provisions on the provision and submission of results from basic surveys of marine and island resources and environment;

d) Conduct investigations, surveys, monitoring of marine and island resources and environment; assess potential, compile statistical results of marine and island resources; prepare maps of seas and islands according to the assignment of the Minister of Natural Resources and Environment;

đ) Manage technical facilities for basic surveys of marine and island resources and environment under its management; perform calibration and verification of survey equipment according to legal provisions;

7. Regarding comprehensive management of marine and island resources:

a) Submit to the Minister of Natural Resources and Environment the program for comprehensive management of coastal resources with inter-provincial scope; classification list of islands; matters of allocation, extension, recovery, permission to return part or all of the marine area, amendment, supplementation of decisions allocating marine areas within the scope of authority; resolve disputes over the use of marine areas allocated by the Ministry of Natural Resources and Environment according to legal provisions; guide, inspect, supervise compliance with regulations on allocation of marine areas for exploitation and utilization of marine resources;

b) Implement the Strategy for Comprehensive Coastal Management;

c) Compile, evaluate economic and social potentials related to Vietnamese marine and island regions; statistically classify and evaluate the potential of Vietnamese marine and island regions; take the lead and coordinate with relevant ministries and sectors to assess changes in marine and island resources;

d) Lead or coordinate with relevant agencies and organizations to research and assess the value of marine and coastal ecosystem services to propose reasonable management, exploitation, and utilization solutions for marine resources and environmental protection;

đ) Manage resource files of islands nationwide; guide the establishment and management of island resource files;

e) Guide and inspect the establishment and management of coastal protection zones;

g) Participate in reviewing plans to establish marine conservation areas; projects and works for exploitation and utilization of marine and island resources; provide evaluation opinions on projects and tasks within the approval authority of ministries, sectors, and coastal localities related to land reclamation and coastal land use according to legal provisions; participate in providing opinions on draft programs for comprehensive management of coastal resources within the scope of a province or centrally-administered city with a coastline.

8. Regarding control of marine resources and protection of the marine environment:

a) Submit to the Minister of Natural Resources and Environment decisions on issuing, reissuing, extending, amending, allowing return, and revoking Marine Disposal Permits within the authority of the Ministry.

b) Evaluate the results of marine and island environmental pollution control activities within the scope of functions and tasks of the Ministry of Natural Resources and Environment; guide and inspect the evaluation of the results of marine and island environmental pollution control activities;

c) Prepare national marine and island environmental status reports; specialized marine and island environmental status reports; guide provincial people's committees with coastal areas to prepare marine and island environmental status reports;

d) Investigate, compile statistics, classify, and assess discharges from coastal areas, marine and island activities; assess the state of marine and island environmental pollution; delineate marine and island environmental pollution risk zones, prepare maps of marine and island environmental pollution risk zones, submit to the Minister of Natural Resources and Environment; coordinate in conducting investigations, compiling statistics, classifying, and assessing discharges from river basins to the sea;

đ) Organize the implementation of surveys and assessments of the environmental carrying capacity of marine and island areas in high or very high pollution risk zones; submit to the Minister of Natural Resources and Environment for the announcement of marine and island areas that can no longer accept waste;

e) Organize the implementation of preventive measures, detection, handling, and remediation of marine and island environmental pollution and degradation; improve and restore polluted and degraded marine and island environments;

g) Take the lead and coordinate with ministries, sectors, and localities to determine losses and require chemical disaster-causing facilities in marine areas to compensate for national-level disasters; guide localities in assessing losses, establishing compensation claims for environmental damage, and developing and implementing recovery plans for oil spills and chemical disasters at sea according to the division of labor by the Minister of Natural Resources and Environment and as stipulated by law;

h) Implement monitoring, risk assessment, remediation, and resolution of consequences of oil spills and chemical disasters at sea as prescribed by law; participate in reviewing oil spill response plans and chemical disaster response plans at sea;

i) Carry out the task of the leading agency for cross-border marine environmental pollution control; take the lead and coordinate with relevant agencies and units to identify pollution sources, develop solutions to address cross-border marine environmental pollution;

k) Implement natural conservation and marine biodiversity protection work according to the division of labor by the Minister of Natural Resources and Environment;

l) Participate in reviewing strategic environmental impact assessments for sectoral and regional development strategies and plans related to marine resource exploitation and utilization; participate in reviewing environmental impact assessments for projects and programs involving marine resource exploitation and utilization, and marine discharge structures; participate in reviewing projects and programs for establishing marine protected areas;

m) Guide and inspect the implementation of regulations on seabed disposal, management of waste from marine activities, coastal areas, and islands, and marine and island environmental pollution control; take the lead and coordinate inspections and supervision of marine resource exploitation and utilization, and environmental protection activities in coastal areas and islands;

9. Monitoring, comprehensive surveillance, and information system and database on marine and island environmental resources

a) Establish, manage, and organize the operation and use of a comprehensive monitoring and surveillance system for marine and island resources and environment; build and implement investment, operation, use, and management plans for dedicated facilities and equipment serving marine environmental incident warnings, marine research, and ocean surveys under the jurisdiction of the General Department as prescribed by law;

b) Organize the construction and management of a national information system and database on marine and island resources and environment; store, update, operate, use, integrate, exchange, and share marine and island resource and environmental data; classify and compile statistics on resources in Vietnam's marine and island areas;

c) Regularly and urgently monitor and surveil marine hydrology, water environment, sedimentation, coastal erosion, accretion, marine ecosystems, and marine biodiversity as prescribed by law;

d) Serve as the focal point for organizing participation in regional and global marine and ocean monitoring systems;

10. On science and technology:

a) Submit to the Minister of Natural Resources and Environment for decisions on granting, reissuing, extending, amending, supplementing, suspending, or revoking permits for foreign organizations and individuals to conduct scientific research in Vietnam's marine areas as prescribed by law; advise the Minister of Natural Resources and Environment on allowing the publication, transfer of information, and results of scientific research conducted by foreign organizations and individuals in Vietnam's marine areas;

b) Propose directions, goals, and tasks for five-year and annual scientific research and technological development programs; coordinate in synthesizing, building, and commissioning research topics, projects, and tasks under the national science and technology program on marine and island resources and environment;

c) Research, develop, exploit applications, transfer, publish, and promote the dissemination of scientific research and technological development results in basic surveys, integrated resource management, and marine and island environmental protection;

11. On international cooperation;

a) Lead in building international cooperation programs, plans, proposals, projects, and tasks on the sea, islands, and oceans according to the division of labor by the Minister of Natural Resources and Environment and organize their implementation after approval;

b) Propose participation in international agreements and treaties on integrated resource management and marine and island environmental protection, and oceans; lead or participate in negotiations and organize the implementation of international agreements and treaties according to the division of labor by the Minister of Natural Resources and Environment;

c) Organize the collection of information and data, analyze, evaluate, and forecast international developments and trends related to the management, exploitation, use of resources, environmental protection, scientific research, and international cooperation on seas and islands; propose predictive and strategic issues to proactively integrate and enhance international cooperation in basic surveys, scientific research, and comprehensive resource management, environmental protection of seas and islands in conjunction with national defense and security requirements.

d) Coordinate and cooperate with relevant countries and organizations in handling and mitigating transboundary marine environmental pollution according to the division of labor by the Minister of Natural Resources and Environment.

Implement the role of the lead agency for consolidating international cooperation activities in comprehensive resource management and environmental protection of seas and islands; participate in international organizations and forums on seas and oceans according to the division of labor by the Minister of Natural Resources and Environment.

12. Implement administrative reform according to the Ministry of Natural Resources and Environment's administrative reform program; practice thrift; prevent and combat corruption and waste within the scope managed by the General Department.

13. Manage organizational structure, civil servants, public officials, and employees according to the law and the delegation of authority by the Minister of Natural Resources and Environment. Implement systems, policies, incentives, rewards, disciplinary measures, and participate in training and professional development for civil servants, public officials, and employees under the General Department's management according to the law and the delegation of authority by the Minister of Natural Resources and Environment.

14. Guide and inspect the activities of associations and non-governmental organizations according to the delegation of authority by the Minister of Natural Resources and Environment.

15. Conduct inspections and checks according to the law; resolve complaints and denunciations, handle violations of laws concerning sea and island resources and environment according to the division of labor by the Minister of Natural Resources and Environment.

16. Manage finances, assets, and other resources allocated according to the law.

17. Manage and organize the implementation of investment projects according to the delegation of authority by the Minister of Natural Resources and Environment and the provisions of the law.

18. Provide public services according to the law.

19. Perform other tasks assigned by the Minister of Natural Resources and Environment.

Article 3. Organizational Structure

1. Policy and Legal Affairs Department.

2. Science, Technology, and International Cooperation Department.

3. Planning and Finance Department;

4. Cadres and Civil Servants Organization Department.

5. General Department Office.

6. Marine and Island Basic Survey Management Bureau.

7. Marine and Island Exploitation Management Bureau.

8. Marine and Island Resource Control and Environmental Protection Bureau.

9. Institute of Marine and Island Research.

10. Hydrographic Center.

11. Marine Geodetic and Cartography Center.

12. Northern Marine Resource and Environmental Planning and Survey Center.

13. Southern Marine Resource and Environmental Planning and Survey Center.

14. National Marine Information and Data Center.

In this Article, organizations from Clause 1 to Clause 8 are organizations assisting the General Department Director in performing state management functions; organizations from Clause 9 to Clause 14 are public service units directly subordinate to the General Department.

The General Department Office has four departments; the Marine and Island Resource Control and Environmental Protection Bureau has an office and three departments; the Marine and Island Basic Survey Management Bureau has an office, three departments, and a Verification and Port Management Center; the Marine and Island Exploitation Management Bureau has an office and three departments.

Article 4. Leadership of the General Department

1. The Vietnam Marine and Island Administration has a Director and not more than four Deputy Directors appointed and relieved of their positions by the Minister of Natural Resources and Environment according to the law.

2. The Director of the Vietnam Marine and Island Administration is responsible before the Minister of Natural Resources and Environment and the law for all activities of the General Department. The Deputy Directors of the Vietnam Marine and Island Administration are responsible before the Director and the law for the areas of work they are assigned to manage.

3. The Director of the Vietnam Marine and Island Administration submits to the Minister of Natural Resources and Environment regulations on the functions, tasks, authorities, and organizational structure of subordinate organizations; appoints and relieves leadership and management positions within the General Department according to the law and the delegation of authority by the Minister of Natural Resources and Environment.

Article 5. Effective Date

1. This Decision takes effect from March 12, 2018.

2. This Decision replaces Decision No. 43/2014/QĐ-TTg dated August 1, 2014 of the Prime Minister stipulating the functions, tasks, authorities, and organizational structure of the Vietnam Marine and Island Administration under the Ministry of Natural Resources and Environment.

Article 6. Responsibility for Implementation

The Minister of Natural Resources and Environment, Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees directly under the central government, and the Director of the Vietnam Marine and Island Administration are responsible for implementing this Decision./.