Decision No. 43/2014/QD-TTg on the functions, tasks, powers, and organizational structure of the Vietnam Agency for Sea Islands under the Ministry of Natural Resources and Environment.

Pursuant to …;

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

The Vietnam Marine and Island Administration is an organization directly under the Ministry of Natural Resources and Environment, performing advisory and assistance functions to the Minister of Natural Resources and Environment for comprehensive and unified state management of the sea and islands; organizing the implementation of public services as prescribed by law.

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

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 issues this Decision to provide for the functions, tasks, powers, and organizational structure of the Vietnam Agency of Seas and Islands under the Ministry of Natural Resources and Environment.

Article 1. Position and Functions

1. The Vietnam Marine and Island Administration has legal personality, possesses a seal with the National Emblem, maintains a separate account, and has its headquarters in Hanoi City.

5. The Vietnam Marine and Island Administration performs the following tasks and powers:

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. Submitting to the Minister of Natural Resources and Environment for submission to competent state agencies for issuance or decision-making within their authority:

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 and joint circulars regarding comprehensive and unified management of the sea and islands;

b) Strategies, plans, long-term, five-year, annual development programs, projects, and important national works serving comprehensive and unified state management of the sea and islands;

c) Draft decisions, national standards, national technical regulations, economic and technical norms, directives, and management indicators for the sea, coastal areas, and islands, and other documents concerning comprehensive and unified management of the sea and islands.

2. Participating in the development of strategies, policies, and proposals related to national defense, security, diplomacy concerning socio-economic development, sovereignty, sovereign rights, and jurisdictional rights of Vietnam over the sea and islands, and mechanisms and policies for managing marine resource exploitation and utilization industries established by ministries, sectors, and localities.

3. Issuing guiding documents within its authority regarding comprehensive and unified state management of the sea and islands.

4. Assisting the Minister of Natural Resources and Environment in directing, monitoring, and inspecting the implementation of legal normative documents, strategies, plans, programs, proposals, and projects concerning the sea and islands.

5. Regarding basic survey management of the sea and islands:

a) Taking the lead in planning basic surveys of marine resources and environment;

b) Participating in developing and reviewing programs, proposals, and projects for basic surveys of marine resources and natural conditions of islands serving the development of marine industries led by ministries, sectors, and localities as prescribed by law;

c) Monitoring, inspecting, and summarizing the implementation of scientific research programs and ocean studies by ministries, sectors, and localities;

d) Taking the lead in building programs, tasks, proposals, and projects for basic surveys of marine resources and environment, marine exploration, and scientific research; organizing their implementation after approval by the Minister of Natural Resources and Environment;

đ) Receiving, reviewing applications, and implementing licensing procedures for foreign-related scientific research activities in Vietnam's territorial waters and islands according to the law;

e) Implementing the duties of the Office of the State Steering Committee for Basic Surveys of Marine Resources and Environment.

6. Regarding comprehensive management of marine resource exploitation and utilization:

a) Summarizing and evaluating the socio-economic potential related to the sea of Vietnam; classifying and assessing the potential of Vietnam's territorial seas, islands, archipelagos, and submerged reefs; summarizing and evaluating the current status of exploitation and utilization of territorial seas, coastal areas, and islands nationwide;

b) Taking the lead in preparing, submitting to the Minister of Natural Resources and Environment for submission to competent authorities for approval, adjustment, and guidance on implementation of national marine, coastal area, and island usage plans, programs, and zoning according to the law; organizing inspections and supervision of the implementation of these plans and programs after approval;

c) Participating in reviewing land use plans for coastal areas and islands according to the law;

d) Taking the lead in developing programs, plans, proposals, and projects for comprehensive management of marine, coastal, and island resources involving multiple ministries, sectors, and coastal localities, ensuring integration with climate change adaptation action plans and solutions; organizing their implementation after approval by the Prime Minister;

đ) Participating in reviewing and evaluating strategic environmental impacts for overall development plans of marine industries within the National Assembly's authority to consider and decide; strategies and plans for marine industry development in sectors, fields, and localities (including the planning and establishment of coastal economic zones); proposals, projects, and works exploiting and utilizing marine and island resources approved by the Government and the Prime Minister;

e) Assisting the Minister of Natural Resources and Environment in managing the allocation of marine areas for resource exploitation and utilization; guiding and inspecting the allocation of marine areas for resource exploitation and utilization within the authority of provincial People's Committees;

g) Assisting the Minister of Natural Resources and Environment in implementing the allocation, extension, recovery, partial or full return, modification, and supplementation of marine area allocation decisions within their authority; resolving disputes over marine area use within the allocated authority according to the law;

h) Organizing analysis, evaluation, and forecasting of domestic and international developments related to the management, exploitation, and utilization of Vietnam's marine resources and islands;

i) Leading or coordinating in resolving or proposing competent authorities to resolve inter-ministerial and inter-provincial issues related to the management, exploitation, utilization, and environmental protection of marine and island resources.

7. Regarding control of marine resources and environmental protection of the sea and islands:

7. Regarding the control of marine resources and the protection of the marine and island environment:

a) Organize the inspection and supervision of activities related to the exploitation, use of natural resources, and environmental protection in marine areas, coastal zones, and islands; assess the current state of the environment in Vietnam's marine areas, islands, archipelagos, and submerged reefs;

b) Take the lead or participate in implementing marine and island environmental protection in accordance with the law; coordinate with specialized patrol and control forces and coastal localities to monitor compliance with laws on the exploitation and protection of marine and island natural resources and environments;

c) Participate in reviewing marine conservation area planning proposals; inspect and evaluate the use of marine, coastal, and island areas in implementing regulations for marine conservation areas and coastal wetland conservation areas; participate in reviewing proposals for establishing coastal wetland conservation areas related to marine and island environmental protection; coordinate with relevant agencies to implement programs, plans, and projects on marine biodiversity protection;

d) Participate in reviewing applications for permits to transport waste at sea, planning documents for direct discharge points of treated wastewater into the sea (excluding wastewater discharged through river mouths) in accordance with the law; inspect or participate in inspections to ensure compliance with regulations on various types of permits for marine resource exploitation and environmental protection;

đ) Organize the assessment and control of marine and island pollution, identify severe pollution areas arising from marine and island exploitation and use activities and incidents or natural disasters; coordinate with relevant agencies to assess and control pollution and environmental degradation from sources generated by production, business, service, and residential activities on land that affect marine and island environments;

e) Take the lead or participate in monitoring and warning of marine environmental incidents and implement preventive, handling, and remediation measures for pollution, restoring and improving the quality of marine and island environments according to the division of labor by the Minister of Natural Resources and Environment;

g) Participate in reviewing environmental impact assessment reports for marine exploration, exploitation, and use projects within the approval authority of the Ministry of Natural Resources and Environment; follow up and inspect the implementation of environmental protection measures after project approval;

h) Prepare status reports and thematic environmental reports for Vietnam's marine areas; submit to the Minister of Natural Resources and Environment for issuance of guidelines for provincial People's Committees under the Central Government to prepare environmental status reports for local marine areas;

8. Regarding international cooperation:

a) Organize the implementation of programs, plans, projects, and initiatives for international cooperation on seas, islands, and oceans in accordance with the law;

b) Participate in negotiations on international treaties and agreements on seas, islands, and oceans and organize their implementation according to the division of labor by the Minister of Natural Resources and Environment;

c) Carry out the role of focal point for international cooperation activities on seas, islands; participate in international organizations and forums on seas and oceans according to the division of labor by the Minister of Natural Resources and Environment;

9. Organize the construction and management of national databases on marine and island resources and environment; classify and statistically analyze resources in Vietnam's marine and island areas; store results and products of basic surveys, scientific research on seas and islands according to the law;

10. Promote, disseminate, and educate about laws and policies on comprehensive and unified management of seas, islands; guide and organize promotional activities to raise awareness about the management, protection, and sustainable development of Vietnam's marine, coastal, and island areas;

11. Conduct research and apply science and technology to serve comprehensive and unified state management of seas and islands;

12. Develop and organize the implementation of planning, investment, exploitation, use, and management of the national monitoring system for marine resources and environment, dedicated facilities and equipment for marine and ocean research and survey, early warning, and remediation of marine environmental incidents within the scope of management according to the law;

13. Manage and organize the implementation of investment projects in the marine and island sector according to the division of labor by the Minister of Natural Resources and Environment;

14. Manage financial resources and assets assigned; manage organizational structure, job positions, civil servant quotas, number of staff in public institutions; implement salary systems and incentive policies; appoint, reappoint, transfer, relieve, resign, detail, retire, and terminate employment; reward and discipline; train and enhance professional skills for civil servants and officials under the jurisdiction of the General Department of Seas and Islands of Vietnam according to the law and the division of management by the Minister of Natural Resources and Environment;

15. Implement administrative reform tasks according to approved administrative reform goals and contents;

16. Participate in inspections, complaints, and accusations resolution, handling violations of laws in the marine and island sector; implement anti-corruption and anti-neglect measures within the General Department according to the law and the division of labor by the Minister of Natural Resources and Environment;

17. Organize the implementation of public services in the marine and island sector according to the law; direct and inspect the implementation of mechanisms and policies ensuring public service activities in the marine and island sector;

18. Perform other tasks and powers delegated by the Minister of Natural Resources and Environment and as stipulated by the law;

Article 3. Organizational Structure

1. Policy and Legal Affairs Department.

2. Department of International Cooperation and Science and Technology;

3. Planning and Finance Department;

4. Cadres and Civil Servants Organization Department.

5. Office.

6. Marine and Island Resource Control and Environmental Protection Bureau;

7. Basic Survey Management Bureau of the Sea and Islands;

8. Marine and Island Exploitation Management Bureau;

9. Institute of Marine and Island Research.

10. Marine Resources and Environment Investigation Center;

11. Training and Communication Center for the Sea and Islands;

12. Hydrographic Center;

13. Northern Coastal Zone Planning and Comprehensive Management Center;

14. Southern Coastal Zone Planning and Comprehensive Management Center;

15. Marine and Island Information and Data Center;

16. Marine Geodesy and Cartography Center.

In this Article, organizations prescribed from Clause 1 to Clause 8 are administrative organizations assisting the Director General in performing state management functions, and organizations prescribed from Clause 9 to Clause 16 are public service organizations serving the state management functions of the Vietnam Administration of Seas and Islands.

Article 4. Leadership of the Vietnam Administration of Seas and Islands

1. The Vietnam Administration of Seas and Islands has a Director General and not more than three Deputy Directors General.

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 Administration of Seas and Islands shall define the functions, tasks, authorities, and organizational structure of the subordinate organizations.

4. The Director General of the Vietnam Administration of Seas and Islands is responsible before the Minister of Natural Resources and Environment and before the law for all activities of the Vietnam Administration of Seas and Islands. The Deputy Director General of the Vietnam Administration of Seas and Islands is responsible before the Director General of the Vietnam Administration of Seas and Islands and before the law for the assigned field of work.

Article 5. Effective Date

1. This Decision takes effect from September 15, 2014, and replaces Decision No. 116/2008/QĐ-TTg dated August 27, 2008, of the Prime Minister prescribing the functions, tasks, authorities, and organizational structure of the Vietnam Administration of Seas and Islands under the Ministry of Natural Resources and Environment.

2. The Minister of Natural Resources and Environment, other Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government, and the Director General of the Vietnam Administration of Seas and Islands are responsible for implementing this Decision./.