Decision No. 26/2011/QD-TTg stipulates the functions, tasks, powers, and organizational structure of the General Department of Geology and Minerals under the Ministry of Natural Resources and Environment.

Pursuant to …;

Regulations on the functions, tasks, powers, and organizational structure of the General Department of Geology and Minerals under the Ministry of Natural Resources and Environment

and mineral resources under the Ministry of Natural Resources and Environment

______________________________

PRIME MINISTER

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. 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, amended and supplemented by Decree No. 19/2010/NĐ-CP dated March 8, 2010 and Decree No. 89/2010/NĐ-CP dated August 16, 2010;

CONSIDERING THE PROPOSAL OF THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT,

DECISION:

Article 1. Position and Functions

1. The General Department of Geology and Minerals is an agency under the Ministry of Natural Resources and Environment, performing advisory and assistance functions for the Minister of Natural Resources and Environment in state management and enforcement of state management over geology and minerals; implementing public services as prescribed by law.

2. The General Department of Geology and Minerals has legal personality, its seal bearing the National Emblem, a separate account, and headquarters 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 for submission to the competent state agency:

a) Draft laws, draft resolutions of the National Assembly; draft ordinances, draft resolutions of the Standing Committee of the National Assembly; draft decrees of the Government, draft decisions of the Prime Minister; draft circulars, joint circulars concerning geology and minerals;

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

c) Technical standards, norms, unit prices in basic geological surveys on minerals, mineral exploration;

d) Methods of calculating, levels of collecting fees for granting mining rights; criteria for delineating areas not subject to auction for mining rights; principles, conditions, procedures for auctioning mining rights.

2. Implement legal normative documents, strategies, plans, programs, proposals, and projects on geology and minerals after they have been issued or approved by the competent state agency.

3. Organize the dissemination and popularization of laws on geology and minerals; respond to organizations and individuals regarding policies and laws on geology and minerals.

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

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 Mining Exploration Licenses, Mining Licenses, Free Circulation Certificates (CFS) for products and goods exported and imported involving natural resources and minerals; transfer of mining exploration rights; return of Mining Exploration Licenses, Mining Licenses; reduction of the area of exploration zones, mining zones; approval of mine closure plans, decisions to close mines according to the provisions of the law.

6. Regarding economic geology and minerals:

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) Organize the implementation of legal provisions on the reimbursement of costs for basic geological surveys on minerals, mineral exploration costs.

d) Coordinate in establishing regulations on the level of collection, system of collection, payment, and management of usage fees for the exploitation and use of geological and mineral data; fees and charges for issuing Free Circulation Certificates (CFS) for products and goods exported and imported involving natural resources and minerals.

7. Regarding control of mineral activities and basic geological surveys on minerals:

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

b) Organize the delineation and submit to the Minister of Natural Resources and Environment for submission to the Prime Minister areas not subject to auction for mining rights within the licensing authority of the Ministry of Natural Resources and Environment, national mineral resource reserves, areas with scattered small mineral deposits as prescribed by law; monitor and inspect the delineation of areas not subject to auction for mining rights within the licensing authority of provincial People's Committees; monitor and compile the delineation of areas prohibited from mineral activities, temporarily prohibited areas from mineral activities as prescribed by law;

c) Assist the Minister of Natural Resources and Environment in inspecting compliance with Mining Exploration Licenses, Mining Licenses, and legal provisions on minerals for organizations and individuals engaged in mineral activities; handle violations of legal provisions on minerals within their authority or recommend competent state agencies to handle such violations;

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

8. Organize the review and approval according to the delegation of the Minister of Natural Resources and Environment of proposals and reports on the results of basic geological surveys on minerals in plans that have been approved by the competent authority; proposals and reports on the results of geological surveys on minerals for areas with national key projects decided on investment orientation by the National Assembly or national key projects decided on investment orientation by the Government or the Prime Minister as assigned by the Minister.

9. Organize the implementation of basic geological surveys on minerals.

10. Organize the registration of basic geological surveys on minerals for organizations and individuals as prescribed by law; statistics; inventory of mineral resource reserves nationwide.

11. Compile, publish, and provide information and materials on geological surveys related to minerals, including storing and managing mineral samples in accordance with the law.

12. Confirm the legality of geological documents and samples, and minerals that are not goods permitted for export abroad.

13. Edit, publish, and distribute documents, information from basic geological surveys related to minerals, national geological maps, and other publications on geology and minerals in accordance with the law.

14. Regarding international cooperation:

a) Implement plans, programs, projects, and international cooperation initiatives on geology and minerals after approval by competent authorities.

b) Participate in negotiating international treaties and agreements on geology and minerals and organize their implementation as assigned or authorized by the Minister of Natural Resources and Environment.

c) Assist the Minister of Natural Resources and Environment in performing the functions of the lead agency for international cooperation on geology and minerals; participate in international organizations and forums on geology and minerals as assigned by the Minister of Natural Resources and Environment.

15. Organize scientific research, application, and deployment of technological advancements and technology transfer in the field of geology and minerals.

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

17. Organize public services in the field of geology and minerals in accordance with the law; direct and inspect the implementation of mechanisms and policies ensuring the operation of public services in the field of geology and minerals.

18. Manage organizational structure, staffing; implement salary systems and incentive, commendation, reward, and disciplinary policies; practice thrift, prevent waste and corruption within the General Department; provide professional training for civil servants and employees under the General Department; participate in training and professional development for civil servants and employees in the natural resources and environment sector as prescribed by law and delegated by the Minister of Natural Resources and Environment.

19. Manage financial resources and assets allocated according to the delegation of the Ministry of Natural Resources and Environment and the provisions of the law.

20. Perform other tasks assigned by the Minister of Natural Resources and Environment and as stipulated by the law.

Article 3. Organizational Structure

1. The Geological Survey Department.

2. The Mineral Division;

3. The Policy and Legal Affairs Division;

4. The Science, Technology, and International Cooperation Division;

5. The Planning and Finance Division;

6. Organization and Cadre Department.

7. Office.

8. The Economic Geology and Mineral Management Bureau;

9. The Mineral Activities Supervision Bureau (with two Sub-bureaus located in Central and Southern regions).

10. The Northern Geological Mapping Federation.

11. The Southern Geological Mapping Federation.

12. The Northeastern Geological Federation.

13. The Northwestern Geological Federation.

14. The North-Central Geological Federation.

15. The Mid-Central Geological Federation.

16. The Rare Earth and Radioactive Geological Federation.

17. The Geophysical Federation.

18. The INTERGEO Federation.

19. The Research and Technology Transfer Center for Geology and Minerals.

20. The Geological Analysis and Testing Center.

21. The Information and Archive Center for Geology.

22. Geological Testing and Technology Center.

23. The Geological Museum.

24. The Geological Journal.

In this Article, organizations from Clause 1 to Clause 9 assist the General Department Director in performing state management functions; organizations from Clause 10 to Clause 24 are subordinate units under the General Department.

Article 4. Leadership of the General Department

1. The General Department of Geology and Minerals has a General Director and no more than three Deputy General Directors.

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 General Director of the General Department of Geology and Minerals prescribes the functions, tasks, powers, and organizational structure of subordinate organizations under the General Department of Geology and Minerals.

4. The General Director of the General Department of Geology and Minerals is responsible before the Minister of Natural Resources and Environment and the law for all activities of the General Department of Geology and Minerals. The Deputy General Director of the General Department of Geology and Minerals is responsible before the General Director of the General Department of Geology and Minerals and the law for the areas of work assigned to them.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision takes effect from July 1, 2011.

2. The Minister of Natural Resources and Environment, ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, chairpersons of provincial people's committees directly under the central government, and the General Director of the General Department of Geology and Minerals are responsible for implementing this Decision.