Decision No. 132/2008/QD-TTg stipulates the functions, tasks, powers, and organizational structure of the Environmental Protection Agency under the Ministry of Natural Resources and Environment.

Pursuant to …;

Regulations on the functions, tasks, powers, and organizational structure of the General Department of Environment 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 General Department of Environment is an agency under the Ministry of Natural Resources and Environment, performing the function of advising and assisting the Minister of Natural Resources and Environment in state management of the environment, implementing public services as prescribed by law.

2. The General Department of Environment has legal personality, a seal with the National Emblem, a separate account, and its headquarters 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;

The General Department of Environment shall perform the following tasks and powers:

1. To the Minister of Natural Resources and Environment:

a. Drafting normative legal documents, mechanisms, policies, strategies, plans, programs, projects, and proposals regarding the environment for issuance or approval within its authority or submission to competent state agencies for issuance or approval.

b. Drafting national environmental standards 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, and economic-technical norms concerning the environment.

2. Directing, inspecting, and organizing the implementation of normative legal documents, mechanisms, policies, strategies, plans, programs, projects, and proposals regarding the environment after they have been issued or approved by competent state agencies.

3. Implementing work on dissemination, education; answering and clarifying policies and laws on the environment in accordance with the law.

4. On pollution control:

a. Directing and inspecting the implementation of legal provisions on environmental protection in the import of waste materials for production purposes; monitoring and evaluating the situation of importing and using waste materials for production purposes and related environmental issues;

b. Inspecting the establishment of lists and handling of facilities causing environmental pollution, serious environmental pollution by ministries, ministerial-level agencies, government agencies, provinces, centrally governed cities (hereinafter collectively referred to as ministries, sectors, and localities) in accordance with the law; taking the lead in compiling, establishing lists, and proposing measures to handle facilities causing serious environmental pollution exceeding the authority or capacity of ministries, sectors, and localities;

c. Organizing the implementation of preventive, blocking, response, handling, and remediation measures for environmental pollution caused by environmental incidents in accordance with the law; coordinating with ministries, sectors, and localities in advising competent state agencies to mobilize resources to respond to and remediate environmental pollution caused by environmental incidents;

d. Organizing the registration, certification of environmentally friendly facilities and products; issuing certificates of compliance with environmental standards and other types of environmental permits in accordance with the law;

đ. Monitoring environmental quality in urban, rural, mountainous areas, river basins, coastal zones, industrial parks, export processing zones, high-tech zones, economic zones, clusters of industries, and craft villages; monitoring cross-border environmental pollution and acid rain in accordance with the law;

e. Organizing the assessment, delineation, and construction of nationwide and regional pollution maps; directing the compilation of pollution maps by localities to guide pollution control efforts;

5. On waste management and environmental improvement:

a. Investigating, statistics, forecasting, and uniformly managing waste, sources of emissions, and other pollution sources nationwide; assessing and forecasting the status of pollution, degradation, and carrying capacity of environmental components by region and area nationwide.

b. Issuing, extending, adjusting, and revoking hazardous waste management licenses in accordance with the law; directing and inspecting: hazardous waste management, operating conditions, licenses, and hazardous waste management codes; the recovery, disposal of expired or discarded products, and waste audits of production, business, and service establishments in accordance with the law;

c. Preparing and submitting to competent authorities for issuance or approval lists of technologies for treating waste, emissions, noise, and vibration that should be encouraged, restricted, or prohibited from transfer;

d. Directing investigations to identify environmentally polluted areas and degraded ecosystems across provincial and international boundaries and organizing the implementation of restoration plans in accordance with the law;

đ. Directing and organizing the implementation of financial guarantees for environmental rehabilitation and restoration during mineral resource exploitation and other types of resource exploitation in accordance with the law;

e. Developing and organizing the implementation of programs to support cleaner production and encourage the use and consumption of environmentally friendly products;

g. Directing the implementation of legal provisions on socializing environmental protection activities;

6. On biodiversity conservation:

a. Organizing surveys, inventories, monitoring, and assessments of biodiversity nationwide; assessing degraded ecosystems across provincial and international boundaries and proposing conservation, restoration, and sustainable use solutions for biological resources; building and uniformly managing databases on biological resource surveys; preparing national biodiversity reports;

b. Organizing the review of projects to establish nature reserves, biodiversity areas of national and international importance in accordance with the law;

c. Organizing surveys, assessments, and proposals for solutions to prevent and control invasive alien species harmful to the environment;

d. Taking the lead and coordinating with functional agencies of ministries, sectors, and localities in compiling the Red Book of Vietnam; building and organizing the publication of lists of protected wild animals and natural genetic resources prioritized for protection by the State in accordance with the law

đ. Chair the preparation of nomination files for international importance wetlands under the Ramsar Convention; coordinate with relevant ministries, sectors, and localities in preparing nomination files for ASEAN heritage sites and world natural heritage sites;

e. Develop, disseminate, and promote models for the conservation and sustainable use of biological resources;

g. Serve as the national focal point to provide official biosafety information to countries, territories, and international organizations as prescribed by law;

h. Receive, process information and data on genetically modified organisms (GMOs) and products derived from GMOs provided by relevant ministries, sectors, and individuals; develop and enhance information systems and databases on biosafety related to GMOs and products derived from GMOs;

i. Assist the Minister of Natural Resources and Environment in performing the duties of the government's focal agency for the management of biosafety related to GMOs and products derived from GMOs; serve as the permanent office of the inter-ministerial steering committee for implementing the national action plan on biodiversity and biosafety; act as the focal point assisting the national steering committee and inter-ministerial steering committee on issues related to nature conservation and biodiversity;

7. Regarding river basin and coastal environmental protection:

a. Develop and implement projects, programs, and plans for environmental protection, remediation, and landscape restoration in river basins spanning multiple provinces and coastal areas affected by pollution and environmental degradation, as prescribed by law;

b. Serve as the permanent body of provincial river basin environmental protection committees and the national focal point for protecting transboundary river basins;

c. Coordinate activities among ministries, sectors, and localities to address cross-sectoral, cross-provincial, and cross-border environmental pollution issues in river basins and coastal areas;

8. On environmental impact assessment and review:

a. Organize the review of strategic environmental impact assessments for planning and development projects within the purview of the Minister of Natural Resources and Environment; organize review boards and submit environmental impact assessment reports for investment projects within the purview to the Minister of Natural Resources and Environment for approval;

b. Organize inspections and confirm compliance with environmental protection requirements stipulated in environmental impact assessment reports for investment projects approved by the Minister of Natural Resources and Environment before their official operation, as prescribed by law;

c. Organize reviews and evaluations of technologies for treating environmental pollution, waste treatment facilities, and equipment for projects that have been approved by the Minister of Natural Resources and Environment for environmental impact assessment reports prior to their operation, as prescribed by law;

d. Organize registration, certification, and inspection of service organizations conducting environmental impact assessment reports as selected according to legal provisions;

đ. Inspect: the review, approval, and confirmation of completion of contents and requirements in strategic environmental impact assessments; the review, approval, and confirmation of completion of contents and requirements in environmental impact assessment reports, confirmation of environmental protection commitments, and environmental protection plans of ministries, sectors, and localities, as prescribed by law;

e. Organize comprehensive environmental impact assessments for key regions; conduct cross-border environmental impact investigations; prepare strategic environmental assessments for planning and development projects assigned by the Minister of Natural Resources and Environment;

g. Propose to the Minister of Natural Resources and Environment types of projects that need to be added to the list of projects required to prepare environmental impact assessment reports for submission to competent authorities for decision;

h. Direct the development, submission to competent authorities for issuance, and implementation of environmental protection targets in planning and development plans of ministries, sectors, and local economic and social development plans; evaluate the implementation of these environmental protection targets;

9. Regarding environmental monitoring and information:

a. Implement national environmental status monitoring programs;

b. Chair the preparation of overall plans for the national environmental monitoring network; direct and inspect ministries, sectors, and localities in environmental monitoring activities and in the construction, management, exploitation, and use of material infrastructure, equipment, and data for national environmental monitoring;

c. Develop a national environmental database system; direct the collection, management, statistics, storage, and provision of environmental data from ministries, sectors, and localities;

d. Chair the preparation of national environmental reports and specialized environmental reports as prescribed by law; inspect the preparation of sectoral and local environmental status reports;

đ. Participate in global environmental monitoring networks and global environmental response networks;

e. Organize assessments, forecasts, and provision of information on the impacts of pollution and environmental degradation on humans and wildlife;

g. Aggregate and publish environmental information as prescribed by law;

10. Regarding international cooperation and science and technology:

a. Propose participation in negotiations and signing of international treaties and agreements; participation in international organizations on the environment as assigned or authorized by the Minister of Natural Resources and Environment;

b. Serve as the focal point for implementing international treaties on: biodiversity; biosafety; internationally important wetlands; transboundary movement and disposal of hazardous wastes; persistent organic pollutants, and other international environmental treaties as assigned by the Minister of Natural Resources and Environment;

c. Organize the implementation of international cooperation programs and projects on the environment as assigned by the Minister of Natural Resources and Environment;

d. Organize research and application of scientific and technological advancements in environmental protection; build and implement key projects applying science and technology for environmental protection;

11. On environmental communication:

a. Take the lead and coordinate with ministries, sectors, localities to establish and develop environmental communication and education networks;

b. Coordinate with mass media agencies to carry out environmental communication programs; publish environmental communication publications in accordance with the law;

c. Organize the Vietnam Environmental Award, environmental contests and other awards in accordance with the law; unify state management over environmental awards;

12. Regarding inspection, supervision, complaint resolution, and accusation handling:

a. Conduct specialized environmental inspections nationwide;

b. Inspect, check, and handle violations of environmental laws in accordance with the law and the classification of the Ministry of Natural Resources and Environment;

c. Carry out anti-corruption tasks; participate in receiving citizens; resolve disputes, complaints, denunciations, and suggestions from organizations and individuals in the field of environment in accordance with the law;

13. Implement administrative reform in the field of state management of the environment according to the Ministry of Natural Resources and Environment's administrative reform program and the division of labor by the Minister of Natural Resources and Environment;

14. Organize the implementation of environmental public services in accordance with the law;

15. Participate in the consolidation, review, and allocation of environmental service funds for ministries, sectors, and localities in accordance with the division of labor by the Minister of Natural Resources and Environment;

16. Manage organizational structure and staffing; implement salary systems and incentive policies, commendation and reward systems, training, and development for officials, civil servants, and employees under the General Department of Environment;

17. Manage financial resources and assets assigned in accordance with the classification of the Ministry of Natural Resources and Environment and the provisions of the law;

18. 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. Policy and Legal Affairs Department;

2. International Cooperation and Science, Technology Department;

3. Department of Planning and Finance

4. The Organization and Cadre Affairs Department

5. Inspection Department;

6. Office (with representative offices in Central and Southern regions);

7. The Pollution Control Department.

8. Biodiversity Conservation Agency;

9. Waste Management and Environmental Improvement Agency;

10. Environmental Impact Assessment and Review Agency;

11. Environmental Monitoring Center;

12. Institute of Environmental Management Science;

In this Article, organizations specified from Clause 1 to Clause 10 are administrative organizations assisting the General Department Director in performing state management functions; organizations specified in Clauses 11 and 12 are public service units;

The Minister of Natural Resources and Environment shall submit to the Prime Minister for decision on establishing new, renaming, dissolving, reorganizing, and restructuring administrative organizations of the General Department of Environment;

The Minister of Natural Resources and Environment decides to reorganize the Southeastern Region Environmental Protection Sub-department in Ho Chi Minh City, the Southwest Region Environmental Protection Sub-department in Can Tho City, and the Central and Northwest Region Environmental Protection Sub-department in Da Nang City; decides to establish public service public institutions self-financing operating costs directly under the General Department of Environment in accordance with the law;

Article 4. Leadership

1. The leadership of the General Department of Environment consists of the General Department Director and not more than three Deputy General Department Directors. The General Department Director may concurrently hold the position of Deputy Minister of Natural Resources and Environment;

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

3. The General Department Director of the General Department of Environment specifies the functions, tasks, powers, and organizational structure of subordinate organizations;

4. The General Department Director of the General Department of Environment is responsible before the Minister of Natural Resources and Environment and the law for all activities of the General Department of Environment. The Deputy General Department Director of the General Department of Environment is responsible before the General Department Director of the General Department of Environment and the law for the work area assigned to manage;

Article 5. Effectiveness and Responsibility for Implementation

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

2. Abolish previous provisions that are contrary to this Decision.

3. The Minister of Natural Resources and Environment, ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and the General Department Director of the General Department of Environment are responsible for implementing this Decision./.