Joint Circular No. 26/2010/TTLT-BTNMT-BNV guiding the functions, tasks, powers, organization, and staffing of the Marine and Island Affairs Office under the Department of Natural Resources and Environment.

JOINT CIRCULAR

Guidelines on functions, tasks, powers, organization, and staffing

issuedMarine and Island Management Agencies under Provincial Departments of Natural Resources and Environment

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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;

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Interior;

Pursuant to Decree No. 13/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under provincial People's Committees and municipal People's Committees directly under the Central Government;

Pursuant to the Decree No. 25/2009/NĐ-CP dated March 6, 2009 of the Government on comprehensive management of marine resources and environmental protection of islands;

The Ministry of Natural Resources and Environment and the Ministry of Interior provide guidelines on the functions, tasks, powers, organization, and staffing of Marine and Island Management Agencies under Provincial Departments of Natural Resources and Environment (hereinafter referred to as provincial level) as follows:

Article 1. Position and Functions

1. The Marine and Island Management Agency is an organization under the Provincial Department of Natural Resources and Environment, assisting the Director of the Provincial Department of Natural Resources and Environment in advising the provincial People's Committee on implementing comprehensive and unified state management over marine and island issues within the province.

2. The Marine and Island Management Agency has legal personality, its own seal, separate bank accounts, office premises, and operational funds provided by the state budget according to the law.

3. The Marine and Island Management Agency is subject to the direction and management of the Provincial Department of Natural Resources and Environment regarding organization, staffing, and operations; it also receives professional guidance from the Vietnam Marine and Island Administration under the Ministry of Natural Resources and 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. Advise and assist the Director of the Provincial Department of Natural Resources and Environment in submitting to competent authorities:

a) Draft normative legal documents, plans, programs, projects, and proposals for comprehensive and unified state management over marine and island issues;

b) Draft documents for reviewing specialized plans concerning exploitation and utilization of marine resources and islands, network service plans, and proposals for establishing marine protected areas and coastal wetland protected areas under the responsibility of the Provincial Department of Natural Resources and Environment;

c) Draft documents for reviewing or granting permits for investment projects involving marine equipment, exploitation, and utilization of marine and coastal resources and islands in accordance with the law.

2. Implement normative legal documents, plans, programs, projects, technical standards, and economic-technical norms in the field of marine and island management that have been issued and approved by competent authorities.

3. Provide professional guidance on comprehensive and unified state management over marine and island issues to civil servants of District Natural Resources and Environment Offices.

4. Coordinate with authorized state agencies to develop socio-economic development plans and specialized plans for exploiting and utilizing marine resources in coastal and island areas under provincial jurisdiction; propose adjustments to mechanisms and policies to attract, encourage, and ensure the rights of organizations and citizens on frontline islands and coastal islands (if any).

5. Conduct statistics, assess resources, potential, and current exploitation and utilization of marine and coastal areas and islands, and propose resource exploitation and utilization needs and environmental protection requirements for the locality.

6. Organize procedures and formalities for registration and permit issuance before submitting to the Director of the Department for decision-making on activities involving the exploitation and utilization of marine and island resources by organizations and individuals in accordance with the law and the delegation of authority by competent state agencies.

7. Implement monitoring and forecasting of changes and trends; identify vulnerable coastal areas and significant changes (beach accretion, coastal erosion, sandy beaches, coastal protective forests, and coastal wetlands) within the managed area; propose management and protection measures for coastal areas to competent state agencies.

8. Investigate and control pollution and degradation of marine and island environments caused by marine and island exploitation and utilization activities and marine accidents or natural disasters; implement emergency response and remediation of coastal environmental incidents; coordinate with the Environmental Protection Agency to prepare reports on the current status of marine and island environments within the scope of local management responsibilities.

9. Carry out scientific research and technological development in marine and coastal areas; collect and build databases on marine and island resources and environments within the managed area.

10. Implement international cooperation activities related to marine and island issues within the scope of assigned functions by the Director of the Provincial Department of Natural Resources and Environment.

11. Lead and coordinate with relevant agencies to disseminate and educate the public about laws on marine and island issues and raise community awareness about sustainable management, protection, and exploitation of marine and island resources.

12. Inspect, supervise, and propose or handle violations according to the law; lead and coordinate in resolving disputes and complaints between organizations and individuals regarding the exploitation, utilization of marine and island resources, and environmental protection at the local level according to delegated authority.

13. Manage the organization, staffing, finance, and assets of the Marine and Island Management Agency according to the delegation of the Director of the Provincial Department of Natural Resources and Environment and in accordance with the law.

14. Implement information and reporting systems regularly or urgently on the results of comprehensive and unified state management over marine and island issues by the Marine and Island Management Agency as required by competent state agencies.

15. Perform other tasks assigned by the Director of the Provincial Department of Natural Resources and Environment.

Article 3. Organization and Staffing

1. Leadership of the Sub-Department:

a) The Marine and Island Management Agency shall have a Chief and not more than 20 Deputy Chiefs; the Chief is responsible to the Director of the Department and the law for all activities of the Agency; the Deputy Chiefs are responsible to the Chief and the law for their assigned areas of work.

b) The appointment, dismissal, and removal from office of the Director and Deputy Director of the Marine and Island Affairs Office shall be carried out in accordance with the provisions of the law and the delegation of authority by the provincial People's Committee.

2. Organizational Structure:

a) Advisory and specialized organizations: Based on the volume of work, the nature, and specific characteristics of comprehensive and unified state management over marine and island issues at the local level, the Director of the Department of Natural Resources and Environment shall take the lead, in coordination with the Director of the Department of Personnel and Administration, to submit to the Chairman of the provincial People's Committee for a specific decision regarding the number and names of the organizational units of the Marine and Island Affairs Office, with no more than two departments, namely the Administrative-General Department and the Marine and Island Affairs Specialized Department.

b) Affiliated public service organizations under the Marine and Island Affairs Office: Based on specific conditions and the needs of the locality, the Director of the Department of Natural Resources and Environment shall take the lead, in coordination with the Director of the Department of Personnel and Administration, to submit to the Chairman of the provincial People's Committee for a decision to establish the Center for Surveying and Evaluating Marine and Island Resources and Environment.

3. Staffing:

a) The civil servant establishment of the Marine and Island Affairs Office includes: the Director, Deputy Director, and civil servants of the specialized and professional departments within the Office, which are included in the total civil servant establishment of the Department of Natural Resources and Environment assigned by the provincial People's Committee.

The Director determines the total number of civil servants based on job positions, functions, tasks, and the organizational structure of the Marine and Island Affairs Office, to be submitted by the Director of the Department of Natural Resources and Environment, in coordination with the Director of the Department of Personnel and Administration, to the provincial People's Committee for a decision, ensuring sufficient civil servant establishment to carry out comprehensive and unified state management over marine and island issues.

b) The public service establishment of the Marine and Island Affairs Office is allocated by the Director of the Department of Natural Resources and Environment based on the total public service establishment of the Department of Natural Resources and Environment assigned by the provincial People's Committee.

Article 4. Organization of Implementation

1. The Departments of Natural Resources and Environment of provinces and centrally governed cities (for provinces with marine and island areas) shall take the lead, in coordination with the Departments of Personnel and Administration, to submit to the provincial People's Committee for a decision to establish the Marine and Island Affairs Office based on restructuring the Marine and Island Affairs Department or other departments with different names that perform state management functions over marine and island affairs according to the guidelines set forth in this Circular; guiding the People's Committees of districts to define the functions, tasks, powers, and staffing to implement comprehensive and unified state management over marine and island issues within their respective districts.

2. The Chairmen of the People's Committees of provinces and centrally governed cities (for provinces with marine and island areas) are responsible for organizing and implementing this Circular.

Article 5. Effective Date

1. This Circular shall take effect 45 days from the date of signature.

2. Abolish the guidelines for establishing the Marine Department or the Marine and Island Department as stipulated in Point b, Clause 2, Section III, Part I of Joint Circular No. 03/2008/TTLT-BTNMT-BNV dated July 15, 2008, issued by the Ministry of Natural Resources and Environment and the Ministry of Home Affairs, guiding the functions, tasks, powers, and organizational structure of specialized agencies for natural resources and environment under the People's Committees at all levels.

3. In the course of implementation, if there are difficulties or obstacles, it is requested that the provinces and centrally governed cities report to the Ministry of Natural Resources and Environment for coordination with the Ministry of Home Affairs to examine and resolve them within their jurisdiction.