Decision No. 48/2017/QD-TTg stipulates the functions, tasks, powers, and organizational structure of the Vietnam Geological and Mineral Resources General Department under the Ministry of Natural Resources and Environment.

Pursuant to …;

PROVISIONS ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE VIETNAM GEOLOGY AND MINERAL RESOURCES ADMINISTRATION UNDER THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers and organizational structure of ministries and ministerial-level agencies;, equivalent ministry-level agency;

On the basis of Decision No. 36/2017/NĐ-CP dated April 4, 2017, of 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 stipulate the functions, tasks, powers and organizational structure of the Vietnam Geology and Mineral Resources Administration under the Ministry of Natural Resources and Environment., Vietnam National Agency under the Ministry of Natural Resources and Environment.

Article 1. Position and Functions

1. The Vietnam Geology and Mineral Resources Administration is an organization 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 organizing the implementation of public service activities within the scope of state management of the Administration as prescribed by 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. To the Minister of Natural Resources and Environment:

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 decisions, directives of the Prime Minister; mechanisms, policies and other documents concerning geology and mineral resources, engineering geology, hydrogeology, geological disasters, geological heritage, geological parks;

b) Mineral strategy; planning, programs, projects, schemes, mechanisms, and policies for basic geological surveys on mineral resources, engineering geology, hydrogeology, geological disasters, geological heritage, geological parks;

c) National technical standards, national technical regulations, technical provisions, economic-technical norms within the scope of state management of the Administration.

2. To provide professional guidance within the scope of management of the General Department.

3. Organize propaganda, dissemination, and education on laws within the scope of management of the Agency.

4. Directing, inspecting and organizing the implementation of regulatory legal documents, mechanisms, policies, strategies, plans, basic geological survey work on mineral resources, projects, schemes, and tasks within the scope of management of the Administration.

5. Assisting the Minister of Natural Resources and Environment:

a) Preparing and submitting to the Prime Minister for approval, adjustment, and supplementation of the plan for basic geological surveys on mineral resources;

b) Providing written comments on mineral resource planning and other related plans developed by ministries, sectors, and localities;

c) Designating and announcing types of mineral resources, locations, coordinates, areas of basic geological surveys on mineral resources that encourage organizations and individuals to invest according to approved plans by the Prime Minister;

d) Designating areas not subject to auction for mineral exploitation rights within the licensing authority of the Ministry of Natural Resources and Environment; national mineral reserves areas; areas for mineral exploration and assessment for submission to the Prime Minister for approval. Organizing the designation of areas with scattered and small-scale mineral deposits; areas with hazardous minerals;

đ) Providing written comments on areas prohibited or temporarily prohibited from mineral activities submitted by provincial People's Committees for approval by the Prime Minister; monitoring and inspecting the designation of areas not subject to auction for mineral exploitation rights within the licensing authority of provincial People's Committees.

6. On basic geological survey work on mineral resources

a) Organizing the review and approval at the appropriate level authorized by the Minister of Natural Resources and Environment of schemes and reports on the results of basic geological surveys on mineral resources; schemes and reports on the results of basic geological surveys on mineral resources by participating organizations and individuals; schemes on engineering geology, hydrogeology, geological disasters, geological heritage, and geological park networks;

b) Implementing registration for basic geological survey activities; registering for geological heritage and geological park survey activities as prescribed;

c) Prescribing and guiding the preparation of files, organizing reviews, and recommending recognition of National Geological Heritage and National Geological Park titles;

d) Compiling the results of basic geological surveys on mineral resources, organizing inspections, collecting, storing, managing, providing information, documents, and samples on geology and mineral resources as prescribed by law. Statistics and inventory of mineral resource reserves nationwide.

7. Submitting to the Minister of Natural Resources and Environment for consideration and decision on exploration and mining of mineral resources in areas with construction project investments as prescribed.

8. Receiving and reviewing applications, submitting to the Minister of Natural Resources and Environment for decision or deciding on behalf of the Minister of Natural Resources and Environment regarding the issuance, extension, modification, revocation of Mineral Exploration Licenses, Mineral Exploitation Licenses; transfer of mineral exploration rights, mineral exploitation rights; return of Mineral Exploration Licenses, Mineral Exploitation Licenses; reduction of exploration area, mining area; approving closure plans, deciding to close mineral mines according to the law.

9. On economic geology and mineral resources:

a) Establishing methods for calculating and levels of fees for granting mineral exploitation rights; criteria for designating areas not subject to auction for mineral exploitation rights; principles, conditions, procedures for auctioning mineral exploitation rights; methods for determining costs of assessing mineral potential, exploration costs to be refunded, refund methods;

b) Implementing legal provisions on fees for granting mineral exploitation rights; auctioning mineral exploitation rights; managing mineral exploitation right auctions; compiling and monitoring the calculation of fees for granting mineral exploitation rights, auctioning mineral exploitation rights in localities;

c) Implementing legal provisions on the refund of costs for assessing mineral potential, exploration costs for mineral resource exploiters.

10. On controlling basic geological survey activities on mineral resources and mineral activities:

a) Controlling basic geological survey activities funded by the State and participating organizations and individuals throughout the country as prescribed.

b) Supervise mineral activities throughout the country; monitor, assess, and compile the situation of state management over minerals and mineral activities throughout the country; propose measures to protect unexploited minerals; monitor and inspect compliance with sustainable development policies for mineral activities and policies protecting the rights of people where minerals are exploited;

c) Organize the implementation of inspection and supervision of mineral exploration project construction;

d) Inspect compliance with legal regulations on the implementation of mineral exploration permits and mineral exploitation permits within the Ministry of Natural Resources and Environment's licensing authority; handle according to their authority or recommend competent state agencies to handle violations of legal regulations on minerals by organizations and individuals engaged in mineral activities;

đ) Take the lead in inspecting environmental protection work in mineral activities;

11. Regarding geological and mineral information and data:

a) Establish, manage, and exploit the national database on geology and minerals;

b) Edit, publish, and distribute geological investigation basic information materials on minerals, various types of national geological maps, other publications on geology and minerals as prescribed by law; manage geological information, samples;

12. Conduct specialized inspections of mineral activities as prescribed by law; resolve complaints and denunciations; handle violations of laws on minerals as prescribed;

13. Organize the implementation of scientific and technological tasks; apply and implement technical progress and technology transfer on geology and minerals as prescribed;

14. Regarding international cooperation:

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

b) Develop and organize the implementation of plans, programs, projects, forums, international conferences on geology and minerals after approval by authorized authorities;

c) Assist the Minister of Natural Resources and Environment in serving as the national focal point to participate in the Regional and Southeast Asian Geoscience Commission (CCOP) Coordination Committee, the National Vietnam Committee for the International Geoscience Program (IGCP);

15. Implement administrative reform according to the program and plan of the Ministry of Natural Resources and Environment; practice thrift; prevent corruption and waste within the jurisdiction of the General Department;

16. Guide, inspect, and organize the implementation of geological, mineral services, and other services as prescribed;

17. Manage organizational structure, civil servants, officials, and employees according to the law and the classification of the Minister of Natural Resources and Environment; implement systems, policies, competitions, rewards, and discipline, and participate in training and professional development for civil servants, officials, and employees under the management of the General Department according to the law and the classification of the Minister of Natural Resources and Environment;

18. Manage finance, assets, and other resources assigned according to the classification of the Minister of Natural Resources and Environment and the provisions of the law;

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

5. The Planning and Finance Division;

6. Organization and Cadre Department.

7. Office of the Water Resources Agency.

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. The Geological Certification Center;

23. The Geological Analysis and Testing Center;

24. The Information, Archive, and Geological Journal Center;

25. The Geological Museum;

In this Article, organizations from Clause 1 to Clause 11 are organizations assisting the General Department Director in performing state management functions; organizations from Clause 12 to Clause 26 are public service units directly subordinate to the General Department;

The General Department Office has four departments; the Economic Geology and Mineral Management Bureau has three departments; the Northern Mineral Activity Control Bureau has three departments; the Central Mineral Activity Control Bureau has three departments; the Southern Mineral Activity Control Bureau has three departments;

Article 4. Leadership of the General Department

1. The Vietnam General Department of Geology and Minerals has a Director and not more than four Deputy Directors appointed, relieved, or dismissed by the Minister of Natural Resources and Environment according to the law;

2. The Director of the Vietnam 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. Deputy Directors of the Vietnam General Department of Geology and Minerals are responsible before the Director and the law for the areas of work they are assigned to oversee;

3. The Director of the Vietnam General Department of Geology and Minerals submits to the Minister of Natural Resources and Environment regulations on the functions, tasks, powers, and organizational structure of subordinate organizations; appoint and relieve leadership and management positions within the General Department according to the law and the classification of the Minister of Natural Resources and Environment;

Article 5. Effective Date

1. This Decision takes effect from February 1, 2018;

2. This Decision replaces Decision No. 16/2014/QĐ-TTg dated February 19, 2014 of the Government Chairman regulating the functions, tasks, powers, and organizational structure of the Vietnam General Department of Geology and Minerals under the Ministry of Natural Resources and Environment.

Article 6. Responsibility for Implementation

The Minister of Natural Resources and Environment, ministers, heads of ministerial-level agencies, heads of government agencies, chairpersons of provincial People's Committees under the central government, and the Director of the Vietnam Geological and Mineral Resources Administration are responsible for implementing this Decision./.