Decree No. 25/2008/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment

DECREE

Regulations on functions, tasks, powers, and organizational structure

_____________

THE GOVERNMENT

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;

||| Considering the proposal of the Minister of Natural Resources and Environment and the Minister of Home Affairs.

DECREE:

Article 1. Position and Functions

||| The Ministry of Natural Resources and Environment is an agency of the Government, performing state management functions in the following areas: land; water resources; mineral resources and geology; environment; meteorology and hydrology; surveying and mapping; comprehensive and unified management of the sea and islands; state management of public services in fields under the purview of the Ministry.

||| Article 2. Tasks and Powers

||| The Ministry of Natural Resources and Environment shall perform the tasks and powers prescribed in 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, and the specific tasks and powers set forth below:

||| 1. Submit to the Government draft laws, draft resolutions of the National Assembly, draft ordinances, draft resolutions of the Standing Committee of the National Assembly, draft resolutions and decrees of the Government according to the annual legislative program and plan of the Ministry that has been approved, and projects and programs assigned by the Government.

||| 2. Submit to the Prime Minister strategies, plans for development, long-term, five-year, and annual plans; national programs and projects within the fields of state management of the Ministry; draft decisions and directives of the Prime Minister.

||| 3. Issue decisions, directives, circulars; establish and promulgate basic standards or submit to the Minister of Science and Technology for promulgation of national standards; establish and issue national technical regulations in fields under the purview of the Ministry after being reviewed by the Ministry of Science and Technology.

||| 4. Direct, guide, inspect, and supervise the implementation of normative legal documents, strategies, plans, and programs approved by competent authorities within the purview of the Ministry; provide information, propaganda, dissemination, and education on laws in fields under the purview of the Ministry.

5. Regarding land:

||| a) Direct, inspect, and organize the implementation of national strategies, programs, and long-term plans on land management and use after approval by the Prime Minister;

||| b) Take the lead in planning land use plans for regions and nationwide; review land use plans submitted by provincial People's Committees and land use plans for defense and security purposes; guide and inspect the implementation after approval;

||| c) Take the lead and coordinate with relevant ministries in establishing, adjusting, and submitting to the Government for issuance of frameworks for land prices; guide methods for determining land prices and inspect the determination of land prices; guide resolution of issues related to land price determination; direct, guide, inspect, and organize surveys, data compilation, and provision of information on land prices;

||| d) Guide and inspect: land surveying, mapping, and land use planning; land allocation, leasing, recovery, and change of land use purpose; registration of land use rights and ownership of attached assets; land registry management; issuance of land use right certificates and ownership certificates of attached assets; implementation of land users' rights and obligations as prescribed by law;

||| đ) Direct, guide, inspect, and organize the implementation of land statistics, inventory, and evaluation; manage the land use rights market in the real estate market as prescribed by law;

||| e) Guide and inspect compliance with conditions and procedures for public service activities in land management and use as prescribed by law; guide the operation of land development funds and land registration offices;

||| g) Guide, inspect, and implement legal provisions on compensation, support, and resettlement; take the lead and coordinate with relevant ministries to guide the handling of issues related to land prices, asset prices, and compensation policies at the request of provincial People's Committees; guide the identification of land users eligible for compensation, support, or neither; issue land use right certificates and ownership certificates of attached assets for resettled persons; stipulate and guide land management in resettlement areas;

||| h) Take the lead and coordinate with relevant agencies to establish and issue mechanisms and policies on financial matters concerning land transfer, lease, change of land use purpose, recovery, recognition of land use rights, and land fund development within their authority; direct, guide, and inspect land recovery, land fund development, land use rights bidding, and project bidding involving land use;

||| i) Issue and manage the use of blank land use right certificates and ownership certificates of attached assets;

||| k) Direct, guide, inspect, and organize the implementation of land disputes resolution as prescribed by law.

6. Regarding water resources:

||| a) Direct, guide, and organize the implementation of legal documents and mechanisms and policies on water resources after issuance by competent authorities;

||| b) Direct, guide, and inspect the implementation of water resource strategies, plans, and comprehensive programs on prevention and control of water depletion and sustainable development of water resources after approval by the Prime Minister;

||| c) Take the lead in developing plans for water resource management and measures for sustainable use of water resources to serve multiple objectives and proactively prevent and control water depletion.

d) Decide on the classification, establishment of water source directories (rivers, lakes, streams, and other natural water storage forms); develop and publish basic standards or submit to the Minister of Science and Technology for publication of national standards; develop and promulgate national technical regulations on the use and protection of water resources according to Clause 3 of this Article;

đ) Guide and inspect the implementation of legal provisions regarding the determination of extraction limits for water from rivers, aquifer layers, water reserve areas, and restricted groundwater extraction areas; take the lead and coordinate with relevant agencies to guide and inspect the implementation of plans for regulating and allocating water resources among sectors and localities within territorial regions and nationwide;

e) Develop, manage, and exploit the network of water resource monitoring stations; organize the implementation of basic surveys, inventories, and assessments of water resources nationwide; announce water potential for sectors and localities to build rational, economical, and efficient water usage plans;

g) Organize the review of specialized plans on water exploitation and use, and inter-river water transfer projects developed by ministries, sectors, and localities before submitting them to competent authorities for approval according to legal provisions;

h) Take the lead or coordinate with relevant agencies to develop and promulgate mechanisms, policies, taxes, fees, other sources of revenue, and incentives related to water resource exploitation, use, and protection according to their respective authority or submit them to competent authorities for promulgation;

i) Guide, inspect, and organize the implementation of water resource permit issuance and revocation according to legal provisions;

k) Implement measures for water source protection, pollution prevention, and restoration of depleted or over-exploited water sources after approval by the Prime Minister;

l) Serve as the focal point and take the lead in presenting international cooperation matters concerning water resources to the Prime Minister; guide and inspect the implementation of international treaties that Vietnam has signed or joined to promote sustainable, fair, and reasonable development in the exploitation and use of international water resources; exchange information related to international water resources; take the lead and coordinate with relevant agencies in resolving disputes over international water resources;

m) Act as a permanent member of the National Water Resources Council and the Mekong River Basin Authority of Vietnam;

7. Regarding mineral resources and geology:

a) Direct, inspect, and organize the implementation of the basic geological survey planning for mineral resources nationwide after approval by the Prime Minister;

b) Identify areas with surveyed and assessed mineral resources; delineate hazardous mineral areas and notify provincial People's Committees and relevant agencies to manage and protect these areas;

c) Take the lead and coordinate with relevant agencies to decide on exploitation and issue permits for exploitation in areas with national key investment projects or projects under the investment decision-making authority of the National Assembly or the Prime Minister, which have been surveyed and assessed for mineral resources or discovered to contain mineral resources without prior assessment;

d) Implement basic geological surveys on mineral resources; stipulate procedures for preparing and reviewing exploration and prospecting project proposals, contents of basic geological surveys on mineral resources; organize reviews of exploration and prospecting project proposals according to legal provisions; organize registration, collection, and consolidation of results from basic geological surveys, basic geological surveys on mineral resources, and state management situations on mineral resources and geology nationwide according to legal provisions;

đ) Take the lead or coordinate with relevant agencies to develop and promulgate mechanisms, policies, taxes, fees, other sources of revenue, and incentives related to mineral resource exploration, exploitation, and protection according to their respective authority or submit them to competent authorities for promulgation;

e) Guide, inspect, and organize the implementation of permits for mineral exploration, exploitation, and processing according to legal provisions;

g) Act as a permanent member of the Mineral Reserve Evaluation Council;

8. Regarding the environment:

a) Guide, inspect, and organize the implementation of environmental protection policies and laws, including: prevention and control of environmental pollution and degradation; conservation of nature and biodiversity; improvement and enhancement of environmental quality;

b) Guide and inspect the implementation of national technical standards on ambient air quality, national technical standards on waste according to legal provisions; guide and inspect the implementation of environmental indicators in sectoral and local development plans;

c) Develop and promulgate directives and environmental indicators according to their authority or submit them to competent authorities for promulgation; prepare national environmental reports and thematic environmental reports according to legal provisions; organize evaluations and forecasts of the status and carrying capacity of environmental components by region and area nationwide; guide ministries, sectors, and provincial People's Committees in preparing current environmental condition reports and environmental impact situation reports;

d) Guide and inspect the review and approval of strategic environmental impact assessments, environmental impact assessments, and environmental protection commitment registrations nationwide; organize the review of strategic environmental impact assessments; organize the review and approval of environmental impact assessments within their authority;

đ) Direct and coordinate the organization of investigations to identify environmentally polluted areas across provinces and internationally; guide the determination of damages and the organization of pollution remediation, environmental degradation recovery, and environmental quality improvement;

e) Guide the preparation, revision, and supplementation of lists of serious environmental pollution sources and inspect the responsibility of these sources in handling and mitigating consequences according to legal provisions;

g) Direct, inspect the implementation of legal provisions on the conservation of nature and biodiversity within the scope of functions and tasks as prescribed by law;

h) Take the lead in establishing and organizing the implementation of the overall planning for the national environmental monitoring system; guide, inspect environmental monitoring activities, calibrate environmental monitoring equipment; direct the construction and manage uniformly the environmental monitoring data;

i) Issue a list of biological products used for preventing, reducing, and treating waste, biological products causing environmental pollution that are prohibited from importation; guide the inspection, evaluation, and certification of waste treatment facilities before they are put into operation; guide and inspect environmental appraisal work as prescribed by law;

k) Guide and organize the registration and recognition of environmentally friendly establishments and products; issue environmental permits as prescribed by law; stipulate the timeline, application factors for national technical standards on waste according to regions, sectors suitable for the environment's carrying capacity;

l) Take the lead or coordinate with relevant agencies to develop and promulgate mechanisms, policies, taxes, fees, other sources of revenue, and incentives related to environmental protection; take the lead in compiling, balancing annual environmental public expenditure needs of ministries, sectors, and localities, and coordinate with the Ministry of Finance to submit to competent authorities for consideration and decision; organize and manage the Vietnam Environmental Protection Fund and serve as the national focal point for the Global Environment Facility in Vietnam;

9. Regarding meteorology, hydrology, and climate change:

a) Direct and implement long-term plans and master plans for the development of the national meteorological and hydrological network; take the lead and coordinate with relevant agencies to build and direct the implementation of the national strategy on disaster forecasting and warning;

b) Guide and inspect the implementation of legal provisions on protecting the safety technical corridors for meteorological and hydrological works; regarding the relocation of special meteorological and hydrological works and those belonging to the international reporting network as prescribed by law;

c) Direct and implement basic surveys, meteorological and hydrological forecasts; organize and manage the meteorological and hydrological monitoring system; guide and inspect the processing, management, and exploitation of meteorological and hydrological information and data as prescribed by law; review the use of basic survey data on meteorology and hydrology for key national investment projects and projects under the investment decision-making and management authority of the Minister, Deputy Ministers, Heads of Ministries equivalent to Ministries, Chairpersons of provincial People's Committees directly under the Central Government, as prescribed by law;

d) Specify the registration, issuance, and revocation of meteorological and hydrological permits as prescribed by law;

đ) Guide and organize the assessment of investment construction projects for the renovation and upgrading of meteorological and hydrological works;

e) Organize the monitoring and evaluation of the impact of climate change on natural conditions, people, and socio-economic conditions; coordinate with relevant ministries, sectors, and localities to propose and recommend appropriate measures to cope with climate change for approval by competent authorities;

Serve as the national focal point for implementing the Kyoto Protocol and other international treaties related to climate change; issue certificates confirming projects suitable for clean development mechanisms for organizations and individuals requesting them;

Serve as the national focal point for implementing the Montreal Protocol on substances that deplete the ozone layer; guide the conditions for importing and exporting ozone-depleting substances as prescribed by law;

g) Guide and inspect the implementation of regulations on disaster forecasting and warning about earthquakes, tsunamis, typhoons, tropical depressions, floods, and high tides; guide the provision and use of information on typhoons, tropical depressions, floods, earthquakes, tsunamis, and high tides;

10. Regarding surveying and mapping:

a) Guide and implement major national projects on basic surveying and mapping, specialized surveying and mapping within the Ministry's jurisdiction after being approved by the Prime Minister;

b) Implement the establishment, updating, management, and exploitation of the basic surveying and mapping infrastructure system, including: the national reference system, the national original data system, the national basic surveying points system, the national satellite positioning station system, the basic aerial photography system, the national geographic information database;

c) Specify, guide, and inspect the calibration, testing, maintenance of surveying equipment to ensure the derivation of national standards for surveying and mapping; the management, exploitation, use, and provision of surveying and mapping information and materials;

d) Organize the assessment of major surveying and mapping projects submitted by ministries, agencies equivalent to ministries, provincial People's Committees directly under the Central Government to the Prime Minister;

đ) Organize the registration, issuance, and revocation of surveying and mapping activity permits; inspect the publication and distribution of maps; suspend the distribution and direct the recall of map publications that violate the law;

e) Take the lead and coordinate with the Ministry of Home Affairs to conduct surveying and map creation to serve the demarcation and adjustment of administrative boundaries as prescribed by law; review the representation of administrative boundary lines at various levels on different types of maps;

g) Take the lead and coordinate with the Ministry of Foreign Affairs to organize surveying and map creation, and documentation to serve negotiations, delimitation, and demarcation of national borders, maritime zones, exclusive economic zones, and continental shelves of Vietnam; review the representation of national border lines on various types of maps; print and distribute maps and documents related to national borders on land, maritime areas, islands, exclusive economic zones, and continental shelves of Vietnam;

h) Establishing, amending, publishing, and distributing map products in accordance with the provisions of the law.

11. Regarding comprehensive and unified management of the sea and islands:

a) Taking the lead in drafting and implementing the Vietnam Marine Strategy and comprehensive mechanisms and policies to manage, exploit marine resources, and protect the marine environment sustainably after approval by the competent state authority;

b) Directing and organizing the implementation of overall planning for marine zones as a basis for organizing exploitation, utilization, and protection of marine resources, and development of the marine economy and society after approval by the Prime Minister;

c) Taking the lead and coordinating to resolve or proposing authorities with jurisdiction to resolve inter-sectoral and inter-provincial issues related to management and exploitation of marine resources and islands;

d) Approving and directing the organization of implementation of five-year and annual plans on basic surveys, scientific research on the sea and oceans, and comprehensive management programs for marine resources and the environment within the Ministry's functions and tasks;

đ) Participating in building strategies and policies related to national defense, security, diplomacy concerning Vietnam's sovereignty, sovereign rights, and jurisdiction over the sea, and mechanisms and policies for managing marine resource exploitation industries and professions drafted by ministries, sectors, and localities;

e) Being the focal point for synthesizing and evaluating the socio-economic potential related to the sea and islands of Vietnam; organizing analysis, evaluation, and forecasting of developments and trends related to marine resource exploitation, scientific research, international cooperation, and protection of Vietnam's sovereignty at sea;

g) Drafting planning and investment plans for the exploitation, utilization, and organization of management of specialized facilities and equipment serving research and survey of marine resources and the environment in accordance with the provisions of the law;

h) Statistics, classification, and assessment of the potential of marine areas, islands, archipelagos, and submerged banks under Vietnam's sovereignty;

i) Member of the National Steering Committee for the South China Sea and Islands.

12. Implementing statistical work, inventory, and storage of materials and data in fields under the Ministry's management in accordance with the provisions of the law.

13. Directing and organizing research activities, application, and implementation of scientific and technological progress in fields under the Ministry's management; organizing editing and publishing publications on natural resources and the environment in accordance with the provisions of the law.

14. International cooperation in fields such as land, water resources, mineral resources, geology, environment, meteorology, hydrology, mapping, sea, and islands in accordance with the provisions of the law; organizing negotiations and signing international treaties upon authorization from the competent state authority; signing international agreements on behalf of the Ministry; participating in international organizations as assigned by the Government.

15. Organizing and directing the implementation of the Ministry's administrative reform program consistent with the goals and content of the State administrative reform program after approval by the Prime Minister.

16. Directing the drafting, submission to competent authorities for decision-making, and guiding the implementation of planning for the development of the network of public service organizations and services, and mechanisms and policies for providing public services, socialization of public services in fields under the Ministry's management.

17. Guiding and creating conditions for associations, non-governmental organizations to participate in industry activities; inspecting compliance with legal regulations by associations, organizations, and non-governmental organizations in accordance with the provisions of the law.

18. Representing state ownership interests in enterprises under the Ministry in accordance with the provisions of the law.

19. Managing organizational structures and staffing; directing the implementation of salary systems and incentive, reward, and disciplinary policies for officials, civil servants, and employees under the Ministry's management; training and developing cadres, civil servants, and employees within their authority; issuing professional standards for employee ranks in sectors and fields managed by the Ministry after review by the Ministry of Home Affairs; drafting professional standards for civil servant ranks in sectors and fields managed by the Ministry to be submitted to the Ministry of Home Affairs for issuance; issuing specific professional standards for heads of specialized agencies under the Ministry's management at provincial-level People's Committees.

20. Conducting inspections and audits; handling complaints and denunciations; preventing and combating corruption and malpractice, and dealing with violations of laws in fields under the Ministry's management in accordance with the provisions of the law.

21. Managing financial assets allocated and using state budget funds allocated in accordance with the provisions of the law.

22. Performing other tasks and exercising other powers delegated by the Government or the Prime Minister or as provided by law.

Article 3. Organizational Structure

1. Department of International Cooperation.

2. Department of Planning.

3. Department of Science and Technology.

4. The Legal Affairs Department.

5. Department of Finance.

6. Department of Mobilization and Awards.

7. Cadre and Civil Servant Organization Department.

8. Inspectorate.

9. Office.

10. General Department of Sea and Islands of Vietnam.

11. General Department of Environment.

12. General Department of Land Management.

13. Vietnam Geological and Mineral Resources Agency.

14. Vietnam Geodetic and Cartographic Agency.

15. Water Resources Management Agency.

16. Information Technology Department.

17. Meteorology, Hydrology, and Climate Change Agency.

18. The Ministry's representative office in Ho Chi Minh City.

19. National Meteorological and Hydrological Center.

20. National Water Resources Planning and Survey Center.

21. National Remote Sensing Center.

22. Institute of Natural Resources and Environment Strategies and Policies.

23. Natural Resources and Environment Newspaper.

24. Natural Resources and Environment Magazine.

In this Article, units specified from Clause 1 to Clause 18 are units assisting the Minister in performing state management functions; units specified from Clause 19 to Clause 24 are public service units serving the state management functions of the Ministry of Natural Resources and Environment.

The Vietnam Geological and Mineral Resources Administration has branches located in Ho Chi Minh City and Da Nang City. The Vietnam Geospatial Information Agency has a branch located in Ho Chi Minh City. The Ministry's representative office in Ho Chi Minh City shall organize a department.

The Minister of Natural Resources and Environment shall submit to the Prime Minister for issuance of decisions stipulating the functions, tasks, powers, and organizational structure of the Vietnam Marine and Islands Administration, the Vietnam Environment Administration, the Vietnam Land Management Administration, and the National Hydro-meteorological Center; submit to the Prime Minister for issuance of a decision on the list of other existing public institutions directly under the Ministry.

Article 4. Effective date

This Decree shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Government Decree No. 91/2002/NĐ-CP dated November 11, 2002, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment.

Article 2. Abolish previous provisions that conflict with this Decree.

Article 5. Responsibilities for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.