Decision No. 116/2008/QD-TTg stipulates the functions, tasks, powers, and organizational structure of the Vietnam Agency of Sea Islands under the Ministry of Natural Resources and Environment.

Pursuant to …;

Regulations on functions, tasks, powers

and the organizational structure of the Vietnam Agency for Seas and Islands

under the Ministry of Natural Resources and Environment

__________________________

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the 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;.

CONSIDERING THE PROPOSAL OF THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT,

DECISION:

Article 1. Position and Functions

1. The Vietnam Agency for Seas and Islands is a subordinate agency under the Ministry of Natural Resources and Environment, performing the function of advising and assisting the Minister of Natural Resources and Environment in managing state affairs comprehensively and uniformly regarding seas and islands; implementing public services as prescribed by law.

2. The Vietnam Agency for Seas and Islands has legal personality, a seal with the National Emblem, a separate account, and its headquarters in Hanoi City.

Article 2. Tasks and Powers

1. Submitting to the Minister of Natural Resources and Environment for submission to competent state agencies for issuance or decision-making within their authority:

1. To the Minister of Natural Resources and Environment:

a) Drafting normative legal documents, mechanisms, policies, strategies, national programs, plans, projects, and proposals on seas and islands for issuance or approval according to its authority or submission to competent state agencies for issuance or approval;

b) Drafting national standards on the fields of seas and islands for submission to the Minister of Science and Technology for review and promulgation in accordance with the law;

c) Drafting circulars, decisions, directives, national technical regulations, professional procedures, economic and technical norms concerning basic surveys, investigations, explorations, and research on seas and oceans.

2. Participating in building strategies, policies related to national defense, security, and diplomacy concerning sovereignty, sovereign rights, and jurisdictional rights of Vietnam over seas and islands; mechanisms and policies on management of marine industries and professions established by Ministries, ministerial-level agencies, government agencies, provincial People's Committees, and municipal People's Committees directly under the central government (hereinafter referred to as Ministries, sectors, localities).

3. Directing, inspecting, and being responsible for organizing the implementation of normative legal documents, mechanisms, policies, strategies, national programs, plans, projects, and proposals on seas and islands after they have been issued or approved by competent authorities.

4. Regarding comprehensive management, exploitation, and utilization of seas and islands:

a) Zoning and planning overall exploitation, utilization, protection of natural resources and environment in coastal areas and islands; submitting to the Minister of Natural Resources and Environment for issuance of guiding documents for Ministries, sectors, and localities with coastlines to implement overall planning for exploitation, utilization, and protection of natural resources and environment in coastal areas and islands;

b) Cooperating in developing socio-economic development plans for coastal areas and islands; participating in reviewing proposals for establishing economic zones and investment projects for constructing important facilities along coasts, at sea, and on islands as assigned by the Minister of Natural Resources and Environment;

c) Synthesizing, evaluating the economic and social potential, situation of exploitation and utilization of coastal areas and islands; statistics, classification, and evaluation of marine and island resources, archipelagos, and submerged reefs of Vietnam;

d) Analyzing, evaluating, and forecasting developments and trends related to exploitation, scientific research, international cooperation, and protection of Vietnam's sovereignty over seas;

đ) Assisting the Minister of Natural Resources and Environment in resolving or recommending competent authorities to resolve issues concerning inter-sectoral and inter-provincial management and exploitation of marine and island resources;

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

a) Implementing programs, plans, projects, and proposals on basic surveys of marine and island resources and environmental monitoring of seas and islands after approval by competent authorities;

b) Synthesizing, updating, and centrally managing information and data from basic surveys of marine and island resources and environment;

c) Performing the duties of the Office of the State Steering Committee for Basic Surveys of Marine and Island Resources and Environment.

6. Regarding surveys, explorations, and research on seas, islands, and oceans:

a) Implementing programs, plans, projects on surveys, explorations, and scientific research on seas, islands, and oceans after approval by competent authorities; participating in reviewing projects on surveys and explorations of seabed resources as assigned by the Minister of Natural Resources and Environment;

b) Managing and exploiting specialized facilities and equipment for surveys, explorations, and scientific research on seas and oceans within the scope of management of the Ministry of Natural Resources and Environment as prescribed by law;

c) Synthesizing and evaluating the implementation of programs, plans for surveys, explorations, and scientific research on seas and oceans, and projects for construction of facilities, equipment, and devices for surveys, explorations, and scientific research on seas and oceans by Ministries, sectors, and localities.

7. Protecting the marine and island environment:

a) Inspecting and evaluating the use of coastal areas and islands in implementing regulations on marine protected areas and coastal wetland protected areas; participating in reviewing proposals for establishing marine protected areas and coastal wetland protected areas related to marine and island environmental protection; coordinating with relevant agencies to implement programs, plans, and projects on marine biodiversity conservation;

b) Organizing investigations, evaluations, and controls of pollution and degradation of the marine and island environment caused by marine and island exploitation and usage activities and marine accidents or disasters;

c) Coordinating with relevant agencies to organize investigations, evaluations, and controls of pollution and degradation of the marine and island environment caused by production, business, service, and residential activities on land that affect the marine and island environment;

d) Implementing pollution prevention and remediation plans for the marine environment that have been approved by competent authorities as assigned by the Minister of Natural Resources and Environment;

đ) Preparing current status reports and thematic environmental reports on Vietnam's marine regions; submitting to the Minister of Natural Resources and Environment for issuance of guiding documents for provincial People's Committees and municipal People's Committees directly under the central government to prepare current status environmental reports for their respective marine regions.

8. Regarding international cooperation:

a) Implement international cooperation plans, programs, projects, and initiatives related to the sea, islands, and oceans after approval by the competent authority;

b) Participate in negotiations on international treaties and agreements regarding the sea, islands, and oceans, and organize their implementation according to the division of labor or delegation by the Minister of Natural Resources and Environment;

c) Assist the Minister of Natural Resources and Environment in performing the tasks of the lead agency for comprehensive international cooperation on the sea, manage integrated activities of international cooperation on the sea; participate in international organizations and forums on the sea and oceans as assigned by the Minister of Natural Resources and Environment.

9. Study and apply scientific and technological advancements to serve comprehensive management, basic surveys, exploration, and investigation of the sea, islands, and oceans.

10. Promote awareness and enhance understanding of protecting territorial sovereignty, natural resources, and environmental protection in coastal and island areas.

11. Carry out administrative reform tasks according to the goals and content of the approved administrative reform program by the competent authority.

12. Participate in inspections, handling complaints, accusations, and dealing with violations of laws; implement anti-corruption measures within the General Department according to the law and as assigned by the Minister of Natural Resources and Environment.

13. Manage organizational structure and staffing; implement salary systems and incentive policies, commendation, rewards, and professional training for officers, civil servants, and employees under the General Department; participate in training management personnel and researchers on the sea and islands according to the law.

14. Manage finances and assets allocated according to the classification and responsibilities of the Ministry of Natural Resources and Environment and the provisions of the law.

15. Perform other tasks and powers delegated by the Minister of Natural Resources and Environment and as stipulated by the law.

Article 3. Organizational Structure

1. The International Cooperation and Science and Technology Department.

2. The Planning and Finance Department.

5. Legal Affairs Department;

4. Office;

5. The Marine Resource and Environmental Investigation and Control Bureau.

6. The Marine and Island Development Management Bureau.

7. The Marine Geology and Mineral Center.

8. The Hydrographic Center.

9. The Coastal Zone Master Planning and Comprehensive Management Center.

10. The Marine Surveying and Mapping Center.

11. The Institute for Marine and Island Management Research.

In this Article, organizations from Clause 1 to Clause 6 are administrative agencies assisting the Director-General in performing state management functions; organizations from Clause 7 to Clause 11 are public service organizations serving the state management functions of the Vietnam Marine and Island Administration.

The Minister of Natural Resources and Environment decides to establish public service organizations self-financing their regular operations directly under the Vietnam Marine and Island Administration according to the law.

Article 4. Leadership

1. The Vietnam Administration of Seas and Islands has a Director General and not more than three Deputy Directors General.

2. The Director General and Deputy Directors General are appointed, relieved of duty, or dismissed by the Minister of Natural Resources and Environment in accordance with the provisions of law.

3. The Director-General of the Vietnam Marine and Island Administration shall define the functions, tasks, powers, and organizational structure of subordinate organizations under the Vietnam Marine and Island Administration.

4. The Director-General 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 Vietnam Marine and Island Administration. The Deputy Director-General of the Vietnam Marine and Island Administration is responsible before the Director-General of the Vietnam Marine and Island Administration and the law for the work area assigned to them.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision takes effect fifteen days after its publication in the Official Gazette.

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