Decision No. 15/2018/QD-TTg stipulates the functions, tasks, powers, and organizational structure of the General Department of Environment under the Ministry of Natural Resources and Environment.

PRIME MINISTER -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 15/2018/QĐ-TTg	Hanoi, March 12, 2018

 

Pursuant to …;

REGULATIONS ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE ENVIRONMENT ADMINISTRATION UNDER THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

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

Pursuant to Decree No. 123/2016/ND-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

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;

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

The Prime Minister issues this Decision to regulate the functions, tasks, powers, and organizational structure of the Environment Administration under the Ministry of Natural Resources and Environment.

Article 1. Position and Functions

1. The Environment Administration is an organization directly 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 and enforcement of laws on environmental protection and biodiversity throughout the country; managing and organizing the implementation of public service activities within the scope of state management of the Administration as prescribed by law.

2. The Environment Administration has legal personality, bears the seal with the National Emblem, 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 Administration;

b) Strategies, plans, long-term, medium-term, annual programs, projects, and national plans on environmental protection and biodiversity; environmental reports; environmental protection work reports as prescribed by law;

c) Financial mechanisms, policies, and economic tools in the field of environment; preferential mechanisms, policies, resource mobilization, and socialization of environmental protection work;

d) National standards, national technical regulations, national indicators, technical procedures, and economic-technical norms within the scope of management of the Administration.

2. To provide professional guidance within the scope of management of the General Department.

3. Guide, inspect, and organize the implementation of regulatory legal documents, mechanisms, policies, strategies, plans, programs, projects, and tasks within the scope of management of the Administration.

4. Organize propaganda, dissemination, and legal education on environmental protection and biodiversity according to the division of labor by the Minister of Natural Resources and Environment; provide legal support for businesses in environmental protection according to the provisions of law.

5. On environmental planning

a) Guide, inspect the establishment, review, approval, and implementation of environmental planning;

b) Organize the establishment of national-level environmental planning; review the content of provincial-level environmental planning within the authority as prescribed by law.

6. On strategic environmental assessment, environmental impact assessment, environmental protection programs, remediation and restoration plans

a) Organize the review of strategic environmental assessment reports; organize the review and submit to the Minister of Natural Resources and Environment for approval of environmental impact assessment reports according to the provisions of law;

b) Organize the review and submit to the Minister of Natural Resources and Environment for approval of detailed environmental protection programs according to the provisions of law;

c) Organize the review and submit to the Minister of Natural Resources and Environment for approval of remediation and restoration plans in mineral exploitation activities according to the provisions of law;

d) Guide, inspect, compile reports on the work of reviewing strategic environmental assessment reports; on the work of reviewing and approving environmental impact assessment reports, detailed environmental protection programs, remediation and restoration plans in mineral exploitation activities nationwide; on registering environmental protection plans; on establishing, reviewing, and approving simple environmental protection programs;

đ) Propose the preparation of environmental impact assessment reports for investment projects that pose potential risks of causing pollution and environmental degradation not yet specified in the List of projects required to prepare environmental impact assessment reports.

7. On controlling pollution sources from production, business, and service activities

a) Guide the control of pollution sources during construction and trial operation of investment projects within the authority as prescribed by law;

b) Guide the control of pollution sources from production, business, and service activities including industrial parks, export processing zones, high-tech parks, clusters, and traditional craft villages within the authority as prescribed by law;

c) Guide, inspect the work of compiling lists, thoroughly treating, and confirming the completion of thorough treatment of serious pollution-causing facilities according to the provisions of law;

d) Guide, inspect environmental protection work related to chemicals, plant protection products, veterinary drugs, dismantling of used ships, and imported waste materials for production as prescribed by law;

đ) Establish and submit to the Minister of Natural Resources and Environment lists of biological products used for preventing, reducing, and treating pollution and waste, lists of biological products causing environmental pollution prohibited from importation, and lists of waste materials permitted for importation within the authority as prescribed by law;

e) Guide, inspect the implementation of environmental criteria in new rural construction according to the provisions of law;

g) Guide, inspect preventive and emergency response work for environmental incidents according to the provisions of law.

8. On solid waste management, general industrial solid waste, and hazardous waste

a) Submit to the Minister of Natural Resources and Environment lists of hazardous waste as prescribed by law;

b) Guide, inspect the registration of waste-generating entities; hazardous waste management activities nationwide;

c) Guide techniques and procedures for sorting, storing, collecting, transferring, transporting, pre-treatment, reusing, recycling, co-processing, treating, and energy recovery from household solid waste, general industrial solid waste, and hazardous waste;

d) Organize investigations, compile, and forecast situations regarding the generation, collection, and treatment of household solid waste, general industrial solid waste, and hazardous waste nationwide;

đ) Direct, inspect the work of classifying household solid waste at source and organize pilot implementation, summarize and expand models of household solid waste classification at source;

e) Direct, inspect the work of collecting, processing abandoned products, destroying automobiles and motorcycles of subjects enjoying preferential rights and immunities in Vietnam as prescribed by law;

9. On management and improvement of environmental quality

a) Direct, inspect and organize the implementation of monitoring and evaluating the current status and changes in soil, water, air quality, cross-border pollution, acid rain as prescribed by law;

b) Direct, inspect and organize the implementation of monitoring the changes in environmental quality in key economic zones, areas with concentrated sources of pollution, large discharges, river basins, islands, cities, rural areas, residential areas, public areas as prescribed by law;

c) Direct, inspect and organize the implementation of assessing the capacity of the environment to bear pollutants as prescribed by law;

d) Direct, inspect and organize the implementation of investigating, evaluating, delineating warning zones, and mapping polluted areas under their jurisdiction as prescribed by law;

đ) Direct, inspect and implement projects for treating, restoring, and recovering environments in contaminated areas with toxic chemicals, dioxins, and plant protection chemicals as prescribed by law;

e) Direct, inspect and organize the implementation of programs to protect river basin environments under their jurisdiction as prescribed by law;

g) Direct, inspect and organize the implementation of activities to improve and enhance environmental quality in cities, residential areas, mountainous rural areas, economic zones, river basins, and coastal areas under their jurisdiction as prescribed by law;

h) Direct, inspect and organize the implementation of research, investigation, and evaluation of environmental health under their jurisdiction as prescribed by law;

i) Direct, inspect and organize the implementation of investigating, determining damage to the environment, calculating environmental damage, and identifying liability for compensation for environmental damage caused by pollution and degradation as prescribed by law;

k) Direct, inspect the deposit for environmental restoration and recovery, environmental liability insurance as prescribed by law;

10. On nature conservation and biodiversity

a) Direct, inspect, monitor, compile information and organize the implementation of basic surveys, inventory, monitoring, and assessment of natural ecosystems, wild animals and plants, rare and valuable genetic resources prioritized for protection under their jurisdiction as prescribed by law;

b) Draft and implement the overall planning for biodiversity conservation nationwide; direct, inspect the work of drafting and reviewing provincial and centrally-administered city biodiversity conservation plans; review the compatibility between sectoral and ministerial-level biodiversity conservation plans and the national overall biodiversity conservation plan; guide the integration of biodiversity into development strategies and plans for economic and social sectors, industries, and territories;

c) Draft and submit to the Minister of Natural Resources and Environment the List and Programs for conserving endangered, rare, and valuable species prioritized for protection excluding crop and livestock breeds; the List of invasive alien species; guide the conservation of biodiversity in natural areas and habitats that do not meet the criteria for establishing protected areas;

d) Organize inter-ministerial review boards for national-level protected area establishment projects covering two or more provinces or centrally-administered cities; take the lead and coordinate with provincial People's Committees to establish and manage national-level protected areas according to the division of labor by the Government;

đ) Direct, inspect the control of the spread, assess the potential harm, and eliminate invasive alien species; conserve biodiversity at biodiversity conservation facilities; conserve species listed in the List of endangered, rare, and valuable species prioritized for protection excluding crop and livestock breeds throughout the country;

e) Direct, inspect the long-term storage of genetic resources and genetic samples of prioritized species for protection; guide the management and supervision of access to genetic resources and traditional knowledge associated with genetic resources, and the sharing of benefits from the use of genetic resources managed by the State and traditional knowledge about genetic resources;

g) Assist the Minister of Natural Resources and Environment in performing the role of the central agency of the Government for managing biosafety regarding genetically modified organisms and products and goods derived from genetically modified organisms;

h) Direct, inspect the payment for environmental services related to biodiversity;

i) Organize the compilation of the Red Book of Vietnam;

11. Direct, inspect and organize the implementation of registration, confirmation, recognition, issuance, reissuance, amendment, extension, and revocation of various environmental and biodiversity-related permits, certificates, confirmations, and certifications as prescribed by law;

12. On monitoring, managing monitoring data, and preparing environmental status reports

a) Implement national environmental quality monitoring programs, environmental impact monitoring programs, regional and transboundary environmental monitoring programs; direct, inspect, monitor, and compile national environmental monitoring programs;

b) Organize the construction of an environmental monitoring system according to the approved national environmental monitoring system master plan; direct, inspect, monitor, and compile the construction of the national environmental monitoring system;

c) Participate in global environmental monitoring networks and global environmental response networks;

d) Organize research and application of new methods and technologies in environmental monitoring.

d) Manage environmental monitoring equipment quality, calibration, testing in accordance with the provisions of the law;

e) Uniformly manage environmental monitoring data; establish a national database on environmental monitoring; publish national environmental monitoring results; guide business practices and provide technical support for managing environmental monitoring data;

g) Prepare and publish reports on current environmental conditions, specialized national environmental reports in accordance with the provisions of the law; guide, inspect, monitor, and compile the preparation of environmental condition reports and specialized environmental reports nationwide;

13. Regarding information management, environmental data and communication to enhance community awareness

a) Establish and manage information systems, materials, data, and national databases on soil, water, air, natural ecosystems, species, genetic resources, pollutants, general solid waste, hazardous waste, polluted areas, degraded areas, and other environmental factors; guide the collection, management, statistics, storage, and provision of environmental data by ministries, sectors, and localities;

b) Compile and publish environmental information in accordance with the provisions of the law;

c) Guide the implementation of regulations on submitting, providing, and sharing national environmental information in accordance with the provisions of the law;

d) Guide, inspect, monitor, and compile the situation and organize the implementation of environmental surveys, data collection, statistical compilation, and reporting to serve the preparation of environmental protection reports within the scope of authority as prescribed by the law; establish and maintain a reporting information system on environmental protection at central and local levels;

d) Organize the construction and development of communication networks to enhance environmental awareness;

e) Organize the implementation of programs to enhance community awareness about the environment and biodiversity; issue publications on environmental and biodiversity communication in accordance with the provisions of the law;

g) Organize the Vietnam Environmental Award, contests, and other awards related to the environment in accordance with the provisions of the law;

h) Develop, disseminate, and promote effective environmental communication models to enhance community awareness;

14. Regarding science and technology

a) Guide the assessment of projects, equipment, and technologies for environmental pollution control; guide and inspect environmental appraisal work in accordance with the provisions of the law;

b) Establish and implement programs and experimental models on sustainable and environmentally friendly production and consumption;

c) Organize research, application, deployment, and transfer of advanced scientific and technological progress in the field of environmental protection and environmental technology development; establish and implement projects, plans, and experimental applications of science and technology for environmental protection within the scope of authority as prescribed by the law;

15. Regarding international cooperation

a) Propose participation in negotiations, signing, joining, and implementing international treaties; participate in international organizations on the environment and biodiversity according to the division of labor by the Minister of Natural Resources and Environment; act as the national focal point for implementing the Convention on Biological Diversity, the Ramsar Convention, the Cartagena Protocol, the Nagoya Protocol, the Stockholm Convention, the Basel Convention, the Rotterdam Convention (PIC), the Global Tiger Initiative (GTI), the Agreement for the Establishment of the ASEAN Centre for Biodiversity (ACB), and other international treaties in the field of the environment and biodiversity according to the division of labor by the Minister of Natural Resources and Environment; participate in intergovernmental activities on Strategic Approach to International Chemicals Management (SAICM);

b) Lead the preparation of nomination files for recognition of internationally important wetlands under the Ramsar Convention, world biosphere reserves; ASEAN Heritage Gardens; nomination files for the ASEAN Sustainable Urbanization Award;

c) Organize the implementation of international cooperation programs, plans, and projects on the environment according to the division of labor by the Minister of Natural Resources and Environment;

d) Serve as the focal point for cooperation with international organizations or international conventions in the field of environmental health; participate in the global environmental health network;

16. Conduct specialized environmental inspections in accordance with the provisions of the law; handle violations of the law, resolve disputes, complaints, and denunciations in the field of the environment according to the division of labor by the Minister of Natural Resources and Environment;

17. Advise the Minister of Natural Resources and Environment to guide ministries, sectors, and localities on professional matters, key tasks in environmental protection and biodiversity conservation using the budget allocated for environmental protection; compile and propose annual budget allocation plans for environmental protection activities of ministries, sectors, and localities; guide the implementation of activities using the environmental protection budget; coordinate periodic and spot checks on the management and use of funds allocated for environmental protection activities in accordance with the provisions of the law;

18. Implement administrative reform according to the program and plan of the Ministry of Natural Resources and Environment; practice thrift; prevent and combat corruption and waste within the jurisdiction of the General Department of Environment;

19. Manage organizational structure, civil servants, officials, and employees in accordance with the provisions of the law and the division of labor by the Minister of Natural Resources and Environment; implement systems, policies, commendations, rewards, disciplinary actions, training, and professional development for civil servants, officials, and employees under the management of the General Department of Environment in accordance with the provisions of the law and the division of labor by the Minister of Natural Resources and Environment;

20. Manage finance, assets, and other resources assigned according to the division of labor by the Ministry of Natural Resources and Environment and the provisions of the law;

21. Perform other tasks and powers delegated by the Minister of Natural Resources and Environment;

Article 3. Organizational Structure

1. Department of Environmental Impact Assessment Review;

2. Department of Waste Management;

3. Department of Environmental Quality Management;

4. Department of Policy, Legal Affairs, and Inspection;

5. Department of Science, Technology, and International Cooperation;

6. Department of Planning and Finance.

7. Cadre and Civil Servant Organization Department.

8. Office of the General Department.

9. Biodiversity Conservation and Natural Resources Protection Department.

10. Northern Environmental Protection Department.

11. Central Highlands and Central Vietnam Environmental Protection Department.

12. Southern Environmental Protection Department.

13. Environmental Technology and Consultancy Center.

14. Environmental Information and Data Center.

15. Northern Environmental Monitoring Center.

16. Central Highlands and Central Vietnam Environmental Monitoring Center.

17. Southern Environmental Monitoring Center.

18. Institute of Environmental Science.

In this Article, organizations from Clause 1 to Clause 12 are administrative agencies assisting the Director General in performing state management functions; organizations from Clause 13 to Clause 18 are public service units under the General Department.

The Office of the General Department has five divisions; the Biodiversity Conservation and Natural Resources Protection Department has an office and four divisions; the Northern Environmental Protection Department, the Central Highlands and Central Vietnam Environmental Protection Department, and the Southern Environmental Protection Department each have an office and three divisions.

The Northern Environmental Monitoring Center, the Central Highlands and Central Vietnam Environmental Monitoring Center, and the Southern Environmental Monitoring Center shall ensure their own recurrent expenses and staff establishment within the total staff quota assigned by the competent authority.

Article 4. Leadership of the General Department

1. The General Department of Environment has a Director General and not more than four Deputy Directors General appointed, relieved, or dismissed by the Minister of Natural Resources and Environment in accordance with the provisions of law.

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

3. The Director General of the General Department of Environment submits to the Minister of Natural Resources and Environment regulations on the functions, tasks, powers, and organizational structure of subordinate units; appoints and relieves leadership and management positions of subordinate units in accordance with the provisions of law and the delegation of the Minister of Natural Resources and Environment.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision takes effect from May 10, 2018, and replaces Decision No. 25/2014/QĐ-TTg dated March 25, 2014, of the Prime Minister stipulating the functions, tasks, powers, and organizational structure of the General Department of Environment under the Ministry of Natural Resources and Environment.

2. The Minister of Natural Resources and Environment, other Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government, and the Director General of the General Department of Environment are responsible for implementing this Decision.

 

Place of Receipt: - Central Party Committee Secretariat; - Prime Minister, Deputy Prime Ministers; - Ministries, ministerial-level agencies, and agencies under the Government; - Provincial People's Councils, People's Committees of centrally governed cities; - Central Party Office and Party Committees; - General Secretary's Office; - President's Office; - Office of the National Assembly; - National Assembly's Office; - Supreme People's Court; - Supreme People's Procuracy; - State Financial Supervisory Committee; - State Audit Office; - Social Policy Bank; - Vietnam Development Bank; - Vietnam Fatherland Front Central Committee; - Central Agencies of Social Organizations; - General Department of Environment; - VPCP: Deputy Chairman, all Vice Chairmen, Assistants to the Prime Minister, Director of the Government Portal, all Departments, Bureaus, subordinate units, Official Gazette; - To be filed: VT, TCCV (2b).PC

PRIME MINISTER Nguyen Xuan Phuc