Decision No. 16/2014/QD-TTg stipulates the functions, tasks, powers, and organizational structure of the Vietnam General Department of Geology and Mineral Resources under the Ministry of Natural Resources and Environment.

Pursuant to …;

Regulations on functions, tasks, powers, and organizational structure of the Vietnam Geological and Mineral Resources Administration under the Ministry of Natural Resources and Environment

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

Pursuant to the Law on Minerals dated November 17, 2010;

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013, promulgated by 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 promulgates this Decision to stipulate the functions, tasks, powers, and organizational structure of the Vietnam Geological and Mineral Resources Administration under the Ministry of Natural Resources and Environment.

Article 1. Position and Functions

1. The Vietnam Geological and Mineral Resources Administration 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 and enforcement of laws on geology and mineral resources throughout the country; managing and implementing public services related to geology and mineral resources in accordance with the provisions of the law.

2. The Vietnam Geology and Mineral Resources Administration has legal personality, its own seal bearing the National Emblem, and 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. Submit to the Minister of Natural Resources and Environment for issuance within his/her authority or submit to competent state agencies:

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 circulars, directives of the Prime Minister; draft circulars, decisions of the Minister of Natural Resources and Environment and other documents regarding basic geological surveys on minerals, mineral activities;

b) Strategies, plans, five-year and annual programs; projects, proposals, and important national works on geology and mineral resources; policies protecting the interests of localities and people where minerals are exploited;

c) National standards, national technical regulations, quotas, unit prices in basic geological surveys on minerals, mineral exploration; about geological heritage, geological conservation, geological parks;

d) Methods of calculation, levels of payment for mineral exploitation rights; criteria for demarcating areas not subject to auction for mineral exploitation rights; principles, conditions, procedures for auctioning mineral exploitation rights.

2. Guide, inspect, and organize the implementation of strategies, plans, programs, projects, proposals on geology and mineral resources, geological heritage, geological conservation, geological park networks after they are issued or approved by competent state agencies.

3. Assist the Minister of Natural Resources and Environment in providing opinions on planning for exploration, exploitation, processing, and utilization of various types of minerals developed by ministries, sectors, and localities.

4. Organize the demarcation of areas not subject to auction for mineral exploitation rights within the licensing authority of the Ministry of Natural Resources and Environment; national mineral resource reserve areas; areas with scattered and small-scale minerals; investigate and assess areas with hazardous minerals in accordance with the law; monitor and inspect the demarcation of areas not subject to auction for mineral exploitation rights within the licensing authority of provincial People's Committees; monitor and compile the demarcation of areas prohibited from mineral activities, temporarily prohibited areas from mineral activities in accordance with the law.

5. Receive, review applications, and submit to the Minister of Natural Resources and Environment for decision or decide according to the delegation of the Minister of Natural Resources and Environment on issuing, extending, revoking, or canceling Exploration Licenses for Minerals, Exploitation Licenses for Minerals, Free Circulation Certificates (CFS) for mineral products and goods exported and imported; transfer of exploration rights for minerals, transfer of exploitation rights for minerals; return of Exploration Licenses for Minerals, Exploitation Licenses for Minerals; reduction of the area of exploration zones, exploitation zones for minerals; approval of mine closure plans, decisions to close mineral mines in accordance with the law.

6. Issue professional guidance documents and documents within the scope of state management of the General Department; announce industry-based standards.

7. Organize the dissemination and popularization of laws on geology and mineral resources; answer organizations and individuals on policies and laws on geology and mineral resources.

8. On economic geology and mineral resources:

a) Implement provisions on payments for mineral exploitation rights, auctioning mineral exploitation rights; manage mineral exploitation right auctions in accordance with the law;

b) Monitor and compile investment activities in mineral exploration and exploitation, mineral exploration and exploitation rights transfers;

c) Implement legal provisions on the repayment of costs for basic geological surveys on minerals, mineral exploration costs;

d) Coordinate in establishing regulations on fees and charges for mineral exploitation and utilization data, fees and charges for issuing Free Circulation Certificates (CFS) for mineral products and goods exported and imported.

9. On controlling mineral activities and basic geological surveys on minerals:

a) Monitor, evaluate, and compile mineral activities nationwide; propose measures to protect unexploited minerals; monitor and inspect compliance with sustainable development policies for mineral activities, policies protecting the interests of localities and people where minerals are exploited;

b) Inspect compliance with the provisions of Exploration Licenses for Minerals, Exploitation Licenses for Minerals within the licensing authority of the Ministry of Natural Resources and Environment; legal provisions on minerals for organizations and individuals engaged in mineral activities; handle according to their authority or recommend competent state agencies to handle violations of mineral laws;

c) Inspect or participate in inspections, recommend handling cases violating environmental protection, land use, water resources, and technical infrastructure regulations in mineral activities.

10. Conduct specialized geological and mineral resources inspection in accordance with the law.

11. Assist the Minister of Natural Resources and Environment in organizing the review or organizing the review and approving, pursuant to the delegation of the Minister, project proposals and reports on the results of basic geological surveys regarding minerals within plans and programs that have been approved by competent authorities; project proposals and reports on the results of basic geological surveys regarding minerals for areas with national key projects under the investment decision-making authority of the National Assembly, Government, and Prime Minister; projects on geological heritage, geological conservation, and the network of geological parks.

12. Organize basic geological surveys regarding minerals; participate in building and implementing projects on geological heritage, geological conservation, and the network of geological parks.

13. Organize the implementation of registration for basic geological survey activities regarding minerals, exploration, and mining activities; registration for geological heritage, geological conservation, and the network of geological parks in accordance with the provisions of the law; statistics and inventory of mineral resource reserves nationwide.

14. Compile the results of basic geological surveys regarding minerals, organize storage, management, provision of information, documents, and samples regarding minerals in accordance with the provisions of the law.

15. Confirm the legality of geological documents, samples, and non-commercial minerals permitted to be exported abroad.

16. Edit, publish, and distribute documents, information on basic geological surveys regarding minerals, national geological maps, and other publications on geology and minerals in accordance with the provisions of the law; manage information and samples of geology and minerals.

17. Regarding international cooperation:

a) Participate in negotiating international treaties and agreements on geology and minerals; organize implementation according to the division of labor or delegation from the Minister of Natural Resources and Environment;

b) Serve as the focal point assisting the Minister of Natural Resources and Environment in international cooperation on geology and minerals; participate in international organizations and forums on geology and minerals according to the division of labor from the Minister of Natural Resources and Environment;

c) Organize the implementation of international cooperation plans, programs, projects, and proposals on geology and minerals after approval by competent authorities.

18. Organize the application, deployment of technical progress, and technology transfer in the field of geology and minerals.

19. Implement administrative reform in the field of geology and minerals according to the program and plan of administrative reform of the Ministry of Natural Resources and Environment.

20. Organize the implementation of public services in the field of geology and minerals in accordance with the provisions of the law; direct and inspect the implementation of mechanisms and policies ensuring public service activities in the field of geology and minerals.

21. Manage organizational structure, job positions, civil servant quotas, number of staff working in public institutions; implement salary systems, incentive policies; appoint, reappoint, rotate, relieve, resign, detail, retire, terminate employment; reward and discipline; train and develop expertise and vocational skills for civil servants and officials under the management authority of the Vietnam Geological and Mineral Resources General Department according to the provisions of the law and the division of labor from the Minister of Natural Resources and Environment.

22. Manage financial resources and assets assigned in accordance with regulations and the division of labor from the Minister of Natural Resources and Environment and the provisions of the law.

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

Article 3. Organizational Structure

1. The Geological Division;

2. The Mineral Division;

3. The Policy and Legal Affairs Division;

4. International Cooperation and Science and Technology Division.

5. The Planning and Finance Division;

6. Organization and Cadre Department.

7. Office.

8. The Economic Geology and Mineral Management Bureau;

9. The Northern Mineral Activity Control Bureau;

10. The Central Mineral Activity Control Bureau;

11. The Southern Mineral Activity Control Bureau;

12. The Northern Geological Mapping Federation;

13. The Southern Geological Mapping Federation;

14. The Northeastern Geological Federation;

15. The Northwestern Geological Federation;

16. The North Central Geological Federation;

17. The Central Central Geological Federation;

18. The Radioactive and Rare Earth Geological Federation;

19. The Physical Geological Federation;

20. The INTERGEO Federation;

21. The Marine Geological and Mineral Federation;

22. Geological Testing and Technology Center.

23. The Geological Analysis and Testing Center;

24. Information and Archive Center.

25. Geological Museum.

26. Geology Journal.

In this Article, organizations from Clause 1 to Clause 11 are organizations assisting the Director-General in performing state management functions; organizations from Clause 12 to Clause 26 are public service units serving the state management functions of the Vietnam Geological and Mineral Resources General Department.

Article 4. Leadership of the General Department

1. The Vietnam Geological and Mineral Resources General Department has a Director-General and not more than three Deputy Director-Generals.

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 Geological and Mineral Resources General Department shall define the functions, tasks, powers, and organizational structure of subordinate organizations.

4. The Director-General of the Vietnam Geological and Mineral Resources General Department is responsible before the Minister of Natural Resources and Environment and the law for all activities of the General Department. The Deputy Director-General of the Vietnam Geological and Mineral Resources General Department is responsible before the Director-General and the law for the area of work assigned to them.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision takes effect from April 10, 2014, replacing Decision No. 26/2011/QĐ-TTg dated May 4, 2011 of the Prime Minister stipulating the functions, tasks, powers, and organizational structure of the Vietnam Geological and Mineral Resources General Department under the Ministry of Natural Resources and Environment.

2. The Minister of Natural Resources and Environment, ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairpersons of provincial and centrally-administered city People's Committees, and the Director-General of the Vietnam Geological and Mineral Resources General Department are responsible for implementing this Decision./.