Decision No. 14/2005/QD-BTNMT on the functions, tasks, powers, and organizational structure of the Environmental Protection Agency

 

Pursuant to …;

||| Regulations on functions, tasks, powers, and organizational structure of

Environmental Protection Agency

MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

Pursuant to Decree No. 91/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to the proposal of the Director of the Environmental Protection Agency and the Head of the Cadres and Civil Servants Department,

DECIDES:

Article 1. Position and Functions

The Environmental Protection Agency is an organization under the Ministry of Natural Resources and Environment, with the function of assisting the Minister in performing state management tasks regarding environmental protection on various aspects: inspection, supervision, prevention, control, remediation of pollution, degradation, and environmental incidents; improvement of environmental quality; conservation of biodiversity; environmental monitoring; application of technology; construction of databases, statistics, and environmental reporting; integrated coastal zone management; education and enhancement of public awareness about the 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. Participate in drafting policies, regulatory legal documents, strategies, plans, programs at the national level for environmental protection;

2. Submit to the Minister for decision-making on the implementation plan of the national strategy for environmental protection, the national plan for biodiversity, national planning and programs, procedures, and norms in the field of environmental protection, and organize their implementation according to the division of labor by the Ministry;

3. Inspect the implementation of environmental protection laws by organizations, individuals, households, and People's Committees at all levels according to the division of labor by the Ministry; respond to organizations and individuals on issues related to environmental protection according to the division of labor by the Ministry; coordinate with the Ministry's Inspectorate to conduct specialized environmental inspections;

4. Submit to the Minister for consideration and submission to the Prime Minister for decision-making on the planning of the national environmental monitoring system; store and manage uniformly data from environmental surveys and monitoring; manage and organize the implementation of national environmental monitoring; build and develop environmental databases, the national environmental monitoring system, and annual national environmental status reports and other specialized environmental reports according to the division of labor by the Ministry;

5. Investigate, statistically analyze, assess, and propose management solutions for the sustainable conservation and exploitation of biological diversity resources; manage biosafety according to the division of labor by the Ministry;

6. Build and guide the implementation of strategies, action plans for integrated management and models for watershed, coastal, and marine environmental protection; act as the coordinating body for cross-provincial, cross-sectoral, cross-regional, and cross-national environmental protection activities;

7. Inspect, supervise, and evaluate post-environmental impact assessment activities for projects within the approval authority of the Minister of Natural Resources and Environment;

8. Investigate, statistically analyze, control, and manage sources of emissions and waste; propose and guide the implementation of technological and management models for waste collection, treatment, disposal, and recycling; propose management solutions to thoroughly address facilities causing environmental pollution; monitor and assess transboundary environmental pollution;

9. Organize research, build, propose, and implement solutions for preventing, controlling, and remedying environmental incidents;

10. Submit to the Minister for regulations on registering environmentally friendly facilities and products, issuing certificates of environmental standards compliance, and other environmental permits as prescribed by law; guide and organize the implementation according to the division of labor by the Ministry;

11. Submit to the Minister for regulations on the procedures and processes for assessing technologies and equipment for waste treatment, managing imported waste materials allowed for use as raw materials and fuels; guide the management and implementation after approval; assess and select technologies that meet environmental standards for promotion and application;

12. Inspect and supervise the implementation of environmental protection measures in international economic integration;

13. Organize training, propaganda, dissemination, and education on environmental laws, enhance public awareness about the environment; develop community models for environmental protection, socialized environmental protection; organize awarding work for organizations and individuals with outstanding achievements in environmental protection activities;

14. Organize editing and publishing environmental publications permitted for publication according to the law;

15. Organize research and development of environmental management models, clean technology models, environmentally friendly technology models, eco-industrial zones, eco-villages, organize research and application of scientific and technological progress in environmental management, prevention, control, and remediation of pollution, degradation, and incidents, and environmental improvement;

16. Participate in activities to ensure environmental protection requirements in land use planning, national water resource strategy, and comprehensive river basin planning across provinces, national overall strategy for basic investigation, exploration, extraction, and processing of mineral resources;

17. Implement and coordinate international treaties, bilateral, multilateral cooperation, international cooperation programs and projects in the field of environmental protection according to the division of labor by the Ministry;

18. Advise and guide ministries, sectors, localities, organizations, and individuals on laws, techniques, operations, and technologies related to environmental protection; organize professional training, capacity building, and technology transfer in the field of environmental protection;

19. Participate in guiding and managing the collection and use of environmental protection fees according to the law;

20. Serve as the focal point to assist the National Steering Committee and inter-ministerial steering committees on matters related to environmental protection according to the division of labor by the Ministry;

21. Manage and effectively utilize assigned financial resources and assets; manage investment construction projects according to the law and the division of labor by the Ministry;

22. Develop and submit to the Minister for decision-making on management regulations for environmental service activities and organize the implementation according to the division of labor by the Ministry;

23. Manage organizational structure, staffing, cadres, civil servants, and employees of the Agency according to the分级任务并进行翻译：

24. Conduct statistics and report regularly and ad hoc on the implementation of assigned tasks;

25. Perform other tasks assigned by the Minister.

Article 3. Organizational Structure

a) The leadership of the Environmental Protection Agency consists of the Director and several Deputy Directors.

The Director is responsible to the Minister for the tasks assigned and is accountable under the law for all activities of the Department; defines the functions and duties of units under the Department; establishes work regulations and manages all activities of the Department. However, the definition of the functions and duties of the Environmental Protection Sub-departments is decided by the Minister of Natural Resources and Environment.

The Deputy Director assists the Director and is responsible to the Director for the field of work assigned.

b) The Director's office staff:

1. The Department Office;

2. The Legal Affairs Division;

3. The Planning and Finance Division;

4. The International Cooperation Division;

5. The Pollution Control Division;

6. The Waste Management and Hazardous Chemicals Division;

7. The Nature Conservation Division;

8. The Integrated Coastal Zone, Marine and River Basin Management Division;

9. The Environmental Technology Division;

10. The Central Environmental Protection Sub-department for the Central and Northwest Regions (in Da Nang City);

11. The Central Environmental Protection Sub-department for the Southeast Region (in Ho Chi Minh City);

12. The Central Environmental Protection Sub-department for the Southwest Region (in Can Tho City).

c) The affiliated public service units:

1. The Environmental Protection Magazine;

2. The Center for Consultation, Training and Transfer of Environmental Technology;

3. The Monitoring and Environmental Information Center;

4. The Community Awareness Enhancement Center.

The Environmental Protection Department is a Level II budgetary unit, has its own seal, and is allowed to open accounts at the state treasury and banks as prescribed.

Affiliated public service units under the Department have their own seals and are allowed to open accounts; sub-departments directly under the Department have their own seals and are allowed to open deposit accounts according to the provisions of the law.

Article 4. Effectiveness and Responsibility for Implementation

This Decision takes effect fifteen days after its publication in the Official Gazette and replaces Decision No. 15/2004/QĐ-BTNMT dated July 5, 2004 of the Minister of Natural Resources and Environment.

The Director of the Environmental Protection Department, the Head of the Cadre and Civil Service Department, and the Heads of the agencies and units directly under the Ministry are responsible for implementing this Decision./.