Decision No. 157/2008/QĐ-TTg On the establishment of the Committee for Environmental Protection in the Dong Nai River Basin

Pursuant to …;

ON THE ESTABLISHMENT OF THE ENVIRONMENT PROTECTION COMMITTEE FOR THE DONG NAI RIVER BASIN

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;
The Prime Minister issues this Decision amending and supplementing certain provisions of the Regulation on Response Activities to Oil Spill Incidents issued together with Decision No. 02/2013/QĐ-TTg dated January 14, 2013 of the Prime Minister.
CONSIDERING the proposal of the Minister of Natural Resources and Environment and the Chairpersons of the People's Committees of the provinces and centrally governed cities within the Dong Nai River Basin: Dong Nai, Binh Duong, Binh Phuoc, Ba Ria - Vung Tau, Long An, Tay Ninh, Lam Dong, Dak Lak, Dak Nong, Ninh Thuan, Binh Thuan, and Ho Chi Minh City,

DECISION:

Article 1. Establishment and Functions

1. Establish the Environment Protection Committee for the Dong Nai River Basin (hereinafter referred to as the Dong Nai River Basin Committee).

2. The Dong Nai River Basin Committee is an inter-sectoral and inter-regional coordinating body to uniformly implement the "Dong Nai River Basin Environmental Protection Program until 2020" approved by the Prime Minister under Decision No. 187/2007/QD-TTg dated December 3, 2007 (hereinafter referred to as the Dong Nai River Basin Program).

Article 2. Tasks and Authorities of the Dong Nai River Basin Committee

1. Organize and guide the implementation of the Dong Nai River Basin Program.

2. Coordinate and resolve cross-sectoral and cross-regional issues in environmental protection and sustainable development activities within the Dong Nai River Basin.

3. Approve and direct the implementation of component projects, programs, and five-year and annual action plans under the Dong Nai River Basin Program according to the principle of close cooperation among the provinces and centrally governed cities within the Dong Nai River Basin.

4. Recommend relevant ministries and sectors to direct and guide the implementation of programs and component projects under the Dong Nai River Basin Program and other environmental protection programs and projects within the Dong Nai River Basin.

5. Recommend the establishment, amendment, and supplementation of mechanisms, policies, and regulatory legal documents on environmental protection to effectively implement the contents of the Dong Nai River Basin Program.

6. Direct the construction of databases on resources and environment within the Dong Nai River Basin to effectively serve the implementation of the Dong Nai River Basin Program.

7. Mobilize domestic and international resources to support the implementation of tasks under the Dong Nai River Basin Program and other tasks, contributing to environmental protection and sustainable development within the Dong Nai River Basin.

8. Monitor and evaluate the implementation of programs, plans, and component projects under the Dong Nai River Basin Program that have been approved.

9. Recommend the Prime Minister to resolve disputes and difficulties between localities in resource exploitation, utilization, and environmental protection within the Dong Nai River Basin that exceed their authority.

10. Recommend amendments and supplements to the contents of the Dong Nai River Basin Program.

Article 3. Organizational Structure

1. Members of the Dong Nai River Basin Committee include:

a) The Chairman of the Dong Nai River Basin Committee is the Chairman of the People's Committee of one of the twelve provinces and centrally governed cities within the Dong Nai River Basin;

The first term Chairman of the Dong Nai River Basin Committee will be held by the Chairman of the People's Committee of Ho Chi Minh City for three years. Subsequent term Chairmen for two years will be held by the Chairman of the People's Committee of one of the provinces or centrally governed cities within the Dong Nai River Basin through a vote of confidence. The Chairman of the Dong Nai River Basin Committee shall not hold more than two consecutive terms;

b) The Vice-Chairman of the Dong Nai River Basin Committee is the Deputy Minister of Natural Resources and Environment;

c) Members of the Dong Nai River Basin Committee are representatives of the leadership of the People's Committees of the provinces and centrally governed cities within the Dong Nai River Basin; representatives of the leadership of the Ministries of Planning and Investment, Finance, Agriculture and Rural Development, Science and Technology, Industry and Trade, Construction, Transport, Health, Public Security, Information and Communications, Culture, Sports and Tourism.

2. The Dong Nai River Basin Committee's Secretariat is the Office of the Dong Nai River Basin Committee.

Article 4. Activities of the Dong Nai River Management Board

1. The Dong Nai River Management Board operates according to the Regulation issued by the Chairman of the Dong Nai River Management Board and based on the principle of democratic centralism, decisions are made by majority vote.

2. The Dong Nai River Management Board convenes regular meetings every six months. When necessary, the Chairman may call for extraordinary meetings.

3. The Dong Nai River Management Board uses the seal of the People's Committee of the province or centrally governed city within the Dong Nai river system watershed during the term of office of the Chairman of the Dong Nai River Management Board.

Article 5. Duties and Authorities of the Chairman, Vice Chairmen, and Members of the Dong Nai River Management Board

1. The Chairman of the Dong Nai River Management Board has the following duties and authorities:

a) Directing the Dong Nai River Management Board to perform tasks as stipulated in Article 2 of this Decision;

b) Issuing the Regulation on the operation of the Dong Nai River Management Board;

c) Chairing regular and extraordinary meetings of the Dong Nai River Management Board.

2. The Vice Chairmen of the Dong Nai River Management Board have the following duties and authorities:

a) Assisting the Chairman of the Dong Nai River Management Board in directing the implementation of the Dong Nai River Project; chairing meetings of the Dong Nai River Management Board when authorized by the Chairman;

b) Assisting the Chairman of the Dong Nai River Management Board in coordinating with Ministries and sectors to develop mechanisms, policies, and mobilize domestic and international resources to support the implementation of the Dong Nai River Project;

c) Directing the activities of the Office of the Dong Nai River Management Board.

3. The Members of the Dong Nai River Management Board have the following duties and authorities:

a) Directing the development and organization of the implementation of five-year and annual plans related to their managed Ministries, sectors, or localities within the Dong Nai River Project;

b) Fully participating in meetings of the Dong Nai River Management Board;

c) Implementing conclusions approved by the Dong Nai River Management Board concerning work within their authority, responsibility of Ministries, sectors, or localities.

Article 6. Office of the Dong Nai River Management Board

1. The Office of the Dong Nai River Management Board has the following responsibilities:

a) Assisting the Dong Nai River Management Board in coordinating inter-sectoral and inter-regional activities between Ministries, sectors, and localities within the Dong Nai river system watershed to implement the Dong Nai River Project uniformly and effectively;

b) Compiling, developing, and proposing to the Dong Nai River Management Board for approval the annual and five-year activity programs and plans of the Dong Nai River Management Board, and monitoring and urging the implementation of these programs and plans after approval;

c) Organizing services for regular and extraordinary meetings of the Dong Nai River Management Board;

d) Assisting the Dong Nai River Management Board in preparing periodic reports on the implementation of the Dong Nai River Project to be submitted to competent authorities;

đ) Performing other tasks assigned by the Chairman or Vice Chairmen of the Dong Nai River Management Board.

2. The Office of the Dong Nai River Management Board is located at the Southern Representative Office of the Environment General Department, Ministry of Natural Resources and Environment; it uses the seal of the Southern Representative Office of the Environment General Department. The operating budget of the Office of the Dong Nai River Management Board is allocated in the annual budget estimate of the Environment General Department.

3. The organizational and operational regulations of the Office of the Dong Nai River Management Board are prescribed by the Minister of Natural Resources and Environment based on consensus with the Chairman of the Dong Nai River Management Board.

Article 7. Effectiveness and Responsibility for Implementation

This Decision takes effect fifteen days from the date of publication in the Official Gazette.

The Minister of Natural Resources and Environment, the Chairman of the People's Committee of Ho Chi Minh City and the provinces: Dong Nai, Binh Duong, Binh Phuoc, Ba Ria - Vung Tau, Long An, Tay Ninh, Lam Dong, Dak Lak, Dak Nong, Ninh Thuan, Binh Thuan; the Ministers, Heads of ministerial-level agencies, and Heads of government-affiliated agencies are responsible for implementing this Decision.