Joint Circular No. 50/2014/TTLT-BTNMT-BNV guiding the functions, tasks, powers, and organizational structure of the Department of Natural Resources and Environment under the People's Committee of the province and district, city, town, and provincial-level city People's Committees.

JOINT CIRCULAR

H||| Guidelines on the functions, tasks, powers, and organizational structure of

||| Departments of Natural Resources and Environment under Provincial People's Committees directly under the Central Government (hereinafter referred to collectively as Provincial People's Committee)

||| and Environmental Resource Management Offices under District, City District, Town, and Provincial City People's Committees

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Pursuant to Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on the organization of specialized agencies under provincial People's Committees and municipal People's Committees directly under the Central Government;

Pursuant to Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government on the functions, tasks, and powers of Ministries and ministerial-level agencies;

||| Pursuant to Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government detailing the implementation of the Land Law;

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;

Pursuant to Decree No. 58/2014/NĐ-CP dated June 16, 2014, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

||| The Minister of Natural Resources and Environment and the Minister of Home Affairs issue this Joint Circular guiding the functions, tasks, powers, and organizational structure of Departments of Natural Resources and Environment under Provincial People's Committees directly under the Central Government (hereinafter referred to collectively as Provincial People's Committee) and Environmental Resource Management Offices under District, City District, Town, and Provincial City People's Committees (hereinafter referred to collectively as District People's Committee).

PART I

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT

Article 1. Position and Functions

1. The Department of Natural Resources and Environment is a specialized agency under the Provincial People's Committee, performing the function of advising and assisting the Provincial People's Committee in state management of natural resources and environment including: land; water resources; mineral resources and geology; environment; meteorology and hydrology; climate change; surveying and mapping; comprehensive and unified management of the sea and islands (for provinces and centrally governed cities with sea and islands); organizing and implementing public services in fields within the scope of the Department's functions.

2. The Department of Natural Resources and Environment has legal personality, seal, and bank account in accordance with the law; it is subject to the direction, management, and operation of the Provincial People's Committee; at the same time, it is subject to the direction, inspection, and guidance on professional matters from 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. Submit to the provincial People's Committee:

a) Draft decisions, directives; long-term plans, five-year plans, and annual plans; programs, projects, measures for organizing the implementation of tasks related to natural resources and environment and administrative reform work within the scope of the Department's state management;

b) Draft documents defining the functions, tasks, powers, and organizational structure of the Department of Natural Resources and Environment;

c) Draft documents defining conditions, standards, positions for Heads and Deputy Heads of units under the Department; Heads and Deputy Heads of specialized and professional departments under the District People's Committee within the scope of the assigned state management.

2. Submitting to the Chairman of the Provincial People's Committee:

a) Draft documents within the authority of the Chairman of the Provincial People's Committee regarding natural resources and environment;

b) Draft decisions on establishing, merging, splitting, dissolving, reorganizing organizations and units under the Department of Natural Resources and Environment;

c) Draft documents regulating relations and coordination of work between the Department of Natural Resources and Environment and relevant Departments, Bureaus, Ministries, and District People's Committees.

3. Implement regulatory legal documents, plans, programs, projects about natural resources and environment after approval; provide information, propaganda, guidance, dissemination, education, monitoring of law enforcement, and enhancing community awareness about natural resources and environment in the locality.

4. Manage and organize appraisal, registration, issuance of permits, certificates within the scope of management functions assigned by the Provincial People's Committee or authorized by the Chairman of the Provincial People's Committee.

5. Regarding land:

a) Take the lead and coordinate with relevant agencies in preparing and adjusting local land use plans and programs to be submitted to the Provincial People's Committee; guide, monitor, and inspect the implementation of approved land use plans and programs;

b) Organize the review of land use plans and programs submitted by District People's Committees to the Provincial People's Committee for approval; monitor and inspect the implementation of approved land use plans and programs at the district level;

c) Advise the Provincial People's Committee on setting limits for allocating land and recognizing residential land for households; limits for recognizing land use rights for cases where households or individuals have self-developed agricultural land; limits for allocating vacant, mountainous, and barren land, and unused land groups to households and individuals; minimum area for subdividing plots and other contents as prescribed by the Land Law;

d) Organize the review of files on land allocation, land leasing, land recovery, transfer of land use rights, change of land use purpose, issuance of land use right certificates, ownership certificates of houses and other assets attached to land as prescribed by law; organize the review of resettlement compensation plans within their authority; assist the Chairman of the Provincial People's Committee in implementing land requisition as prescribed;

đ) Carry out land registration and registration of attached assets, issuance of land use right certificates, ownership certificates of houses and other attached assets, signing of land lease contracts; establish, manage, update, and amend land records for organizations, religious institutions, foreign organizations and individuals, overseas Vietnamese implementing investment projects as prescribed;

e) Organize the implementation and guide inspections of land resource surveys and evaluations; land surveys, investigations, measurements, and evaluations; establishment, amendment, and management of cadastral maps; statistics, inventory, and current land use status maps; construction and operation of land management and use monitoring systems;

g) Lead the organization of land price list development and adjustment to be submitted to the Provincial People's Committee for promulgation; prepare land price maps; advise on resolving disputes over land prices;

h) Lead the organization of specific land price determination as a basis for calculating land use fees, land lease fees, valuation of state-owned enterprise shares when privatized, compensation payments when the State recovers land, and other cases as prescribed by law to be submitted to the Provincial People's Committee for decision;

i) Develop, manage, exploit, and provide land information and databases as prescribed;

k) Chair and coordinate with relevant agencies to guide, inspect, and organize the implementation of compensation, support, and resettlement for cases where land is recovered according to the provisions of the law;

l) Inspect and organize the development of land funds; manage and exploit land funds; organize land use rights auctions as prescribed.

6. Regarding water resources:

a) Establishing and implementing water resource planning, basic investigation plans, water resource regulation, distribution, restoration of polluted and depleted water sources; supervising activities related to water resource exploitation, utilization, protection, prevention, mitigation, and remediation of adverse effects caused by water within the provincial river basin;

b) Designating prohibited zones, restricted zones, registration areas for groundwater extraction, areas requiring artificial groundwater replenishment, and announcing minimum flow rates and groundwater extraction thresholds according to authority, areas temporarily prohibited from sand, gravel, and other mineral extraction on rivers; compiling lists of lakes, ponds, swamps, and reservoirs that shall not be filled in;

c) Building and managing systems to monitor water resource exploitation and utilization activities, and wastewater discharge into water sources within the provincial river basin;

d) Organizing responses and remediation of water source pollution incidents; monitoring, detecting, and participating in resolving transboundary water source pollution incidents according to authority; establishing and managing water source protection corridors and sanitary protection zones for water supply areas; ensuring water supply for domestic use during droughts, water shortages, or water source pollution incidents;

đ) Reviewing applications for issuance, extension, adjustment, suspension, revocation, and reissuance of water resource exploitation permits and permission for transferring water resource exploitation rights according to authority; collecting fees and charges for water resources and payment for water resource exploitation rights as prescribed by law; guiding registration for water resource exploitation and utilization;

e) Organizing the implementation of basic investigation and water resource monitoring activities according to the division of responsibilities; inventorying, statistically analyzing, and storing water resource data within the jurisdiction; reporting to the Ministry of Natural Resources and Environment the results of basic water resource investigations, management, exploitation, utilization, protection, prevention, and remediation of adverse effects caused by water within the jurisdiction;

g) Compiling information on water exploitation and utilization, and pollutant discharges into water sources within the jurisdiction; listing water sources that are polluted, degraded, or depleted;

h) Directing, monitoring, and inspecting the sealing of unused wells according to legal provisions;

7. Regarding mineral resources:

a) Designating areas prohibited from mineral activities, areas temporarily prohibited from mineral activities; identifying areas not subject to auction for mineral exploitation rights under the authority of the Provincial People's Committee; proposing measures to protect unexploited minerals to the Provincial People's Committee; drafting and organizing auctions for mineral exploitation rights under the licensing authority of the Provincial People's Committee after approval;

b) Drafting local mineral exploration, exploitation, and utilization plans as prescribed; promptly detecting and reporting new minerals to the Provincial People's Committee and the Ministry of Natural Resources and Environment; reviewing applications for recognition of mineral reserve criteria, approved mineral reserves; inventorying and statistically analyzing mineral reserves under the licensing authority of the Provincial People's Committee;

c) Organizing reviews of applications for issuance, extension, revocation, and return of mineral exploration permits, mineral exploitation permits; applications for transfer of mineral exploration rights, mineral exploitation rights; applications for returning part of the area of mineral exploration and exploitation zones; mine closure projects; applications for auctions of mineral exploitation rights under the decision-making authority of the Provincial People's Committee; organizing reviews of fees for mineral exploitation rights under the authority;

d) Organizing reviews of reports on the results of ordinary construction material and mud coal mineral exploration under the approval authority of the Provincial People's Committee;

đ) Managing, storing, and providing information and materials on ordinary construction material and mud coal mineral exploration; inventorying and statistically analyzing approved mineral reserves and periodically reporting to the Ministry of Natural Resources and Environment as prescribed;

e) Establishing tax valuation prices for mineral types without existing tax valuation prices or requiring adjustments due to no longer being appropriate according to regulations;

8. Regarding the environment:

a) Reviewing environmental and biodiversity indicators in strategies, plans, programs, and projects under the approval authority of the Provincial People's Committee;

b) Organizing reviews of strategic environmental impact assessment reports, environmental impact assessment reports, environmental protection programs, and projects to establish natural conservation areas and biodiversity under the approval authority of the Provincial People's Committee; inspecting and confirming the implementation of environmental protection programs, environmental protection facilities and measures serving the operational phase of projects approved by the Provincial People's Committee according to current laws; organizing confirmation of registration and implementation of environmental protection plans for projects, production, business, and service schemes under the authority;

c) Leading and coordinating with relevant agencies to draft and adjust local biodiversity conservation plans and organize their implementation after approval; guiding and inspecting biodiversity conservation at biodiversity conservation facilities and the implementation of species conservation for listed endangered, valuable, and rare species excluding crop and livestock breeds within the province; reviewing applications for certification of biodiversity conservation facilities according to the assignment of the Provincial People's Committee;

d) Issuing, adjusting hazardous waste discharge source registers in accordance with the provisions of the law; organizing the annual statistical work on indicators regarding the generation and treatment of waste at the local level; monitoring and inspecting the implementation of the recovery and treatment of expired products or waste from production, business, and service establishments in accordance with the law; appraising, inspecting, and confirming the implementation of environmental restoration and remediation requirements and guarantees for environmental restoration and remediation in mineral exploitation projects within the provincial People's Committee's jurisdiction; guiding and inspecting the importation of scrap materials according to their authority;

đ) Building and implementing programs, plans, proposals, and projects for preventing, protecting, restoring, and improving the environment, conserving and rationally using biodiversity resources in accordance with the division of labor assigned by the provincial People's Committee;

e) Organizing the collection and appraisal of data and evidence to determine environmental damage; demanding compensation for environmental damage caused by pollution and degradation affecting two or more districts, towns, cities under provinces or municipalities; building and implementing the Environmental Accident Prevention and Response Plan; taking the lead in building capacity and mobilizing forces to address environmental pollution caused by accidents according to the division of labor assigned by the provincial People's Committee;

g) Implementing, according to its authority, the establishment, amendment, and supplementation of the list of serious pollution sources that must be thoroughly addressed; confirming that serious pollution sources have completed thorough treatment; inspecting the thorough treatment of serious pollution sources, the implementation of targeted support from the state budget to thoroughly address some serious pollution sources in public welfare areas as prescribed by law; environmental protection work in traditional craft villages in accordance with the law;

h) Implementing the registration, recognition, issuance, and revocation of various environmental permits, certificates, and confirmations in accordance with the law;

i) Taking the lead in consolidating and balancing financial needs, appraising plans and budgets from environmental public services annually submitted by departments, agencies, and district people's committees to the provincial Department of Finance for submission to the provincial People's Committee; coordinating with the Department of Finance to guide and inspect the implementation of environmental public service budgets after approval;

k) Implementing payments for environmental services related to biodiversity, compensation and restoration of the environment, fees and charges for environmental protection, and guarantees for environmental restoration and remediation in accordance with the law; assisting the provincial People's Committee in managing the local Environmental Protection Fund (if any);

l) Building and managing the local environmental and biodiversity monitoring system; implementing monitoring activities, managing monitoring data on the environment and biodiversity according to its authority;

m) Organizing surveys, statistics, inventories, and assessments of the current status of biodiversity, evaluating ecosystems, endangered, rare, and valuable wild species prioritized for protection (excluding crop, livestock breeds, microorganisms, and fungi), and degraded gene sources; proposing and implementing conservation, restoration, and sustainable use models of biodiversity resources at the local level;

n) Guiding and organizing investigations to establish lists of invasive alien species and implementing measures to prevent and control invasive alien species; guiding and inspecting the management of invasive alien species within the province; receiving and processing information and data on genetically modified organisms and products derived from genetically modified organisms; guiding inspections of genetic resource management activities within the province;

o) Organizing the collection, management, statistics, storage, and provision of environmental data; building, updating, maintaining, and operating the provincial environmental information, documentation, and database systems; building provincial environmental status reports and biodiversity reports; organizing evaluations, forecasts, and providing information on the impact of environmental pollution and degradation on humans and wildlife; compiling and publishing provincial environmental information in accordance with the law;

p) Leading or coordinating with relevant agencies in resolving cross-sectoral and inter-provincial environmental issues and the conservation and sustainable exploitation of natural resources and biodiversity;

9. Regarding meteorology and hydrology:

a) Organizing the review of applications for issuing, extending, amending, and revoking permits for specialized meteorological and hydrological facilities in the locality under the provincial People's Committee's decision-making authority; guiding and inspecting the implementation;

b) Leading the review of investment construction, renovation, and upgrading projects for specialized meteorological and hydrological facilities; participating in developing disaster prevention, mitigation, and response plans, inspecting the implementation of regulations on disaster forecasting, warning, and information dissemination in the locality;

c) Reviewing meteorological and hydrological content in planning and design for construction and investment projects in the locality in accordance with the law;

d) Reviewing technical standards for specialized meteorological and hydrological facilities, monitoring equipment, and lightning positioning devices constructed by the locality using state budget funds;

đ) Coordinating with relevant agencies and units in protecting and resolving violations of the safety technical corridors of central meteorological and hydrological facilities in the locality;

e) Collecting, exploiting, and using meteorological and hydrological data in the locality in accordance with the law;

10. Regarding climate change:

a) Building and updating the local climate change response action plan; guiding and coordinating the organization of its implementation;

b) Implement tasks within the scope of the Department of Natural Resources and Environment in national strategies, programs, plans on climate change, projects, programs, and initiatives to address climate change; organize inspections of the implementation of targets in climate change programs, plans, projects, and initiatives within the managed area.

c) Monitor and assess the impact of climate change on natural conditions, people, and socio-economic development to propose measures to respond to climate change.

d) Guide the implementation of activities to reduce greenhouse gas emissions in accordance with local economic and social conditions; inspect and check compliance with regulations on inventory and reduction of greenhouse gas emissions.

11. Regarding surveying and mapping:

a) Review files and recommend the Vietnam National Survey and Mapping Agency to issue, supplement licenses for surveying and mapping activities in accordance with the law;

b) Organize and manage the implementation of surveying and mapping activities according to planning and plans; assist the provincial People's Committee in inspecting and reviewing the quality of surveying and mapping works and products; manage the system of surveying and mapping data at the local level; manage the confidentiality, storage, provision, exploitation, and use of surveying and mapping data information; manage the protection of surveying and mapping construction works in accordance with regulations;

c) Manage and organize the implementation of the construction, updating, exploitation of technical infrastructure systems for surveying and mapping at the local level;

d) Monitor the publication and distribution of maps and make recommendations to competent state agencies to suspend distribution and recall publications of maps containing errors in representing national sovereignty, administrative boundaries, and place names within the locality; publications of maps containing technical errors.

12. Regarding comprehensive unified management of the sea and islands (for coastal and island provinces):

a) Advise the provincial People's Committee on mechanisms and policies to attract, encourage, and integrate activities related to the exploitation and utilization of marine and island resources in line with national sovereignty protection goals, sustainable socio-economic development, and environmental protection;

b) Lead the development and implementation of programs, plans, projects, and initiatives for comprehensive management of the sea, coastal areas, and islands within the provincial jurisdiction;

c) Statistics, evaluate marine and island resources, potential, and current exploitation and utilization status of coastal and island areas, and propose resource exploitation and utilization needs and environmental protection requirements of the locality;

d) Develop and submit to the provincial People's Committee research and basic investigation projects on marine resources and environment within the provincial jurisdiction; implement after approval;

đ) Implement monitoring and forecasting trends of changes; identify vulnerable coastal areas and significant changes (beach accretion, coastal erosion, beach sand areas, protective forests, and coastal wetlands) under management; propose management and protection solutions for coastal areas;

e) Submit to the provincial People's Committee for decision within its authority or submit to higher authorities for decision regarding the allocation of marine areas for organizations and individuals to exploit and utilize in accordance with the law;

g) Review specialized plans on the exploitation and utilization of marine and island resources, service network plans, proposals for establishing marine conservation areas, and coastal wetland conservation areas under the responsibility of the Department of Natural Resources and Environment;

h) Organize the registration and issuance of permits for organizations and individuals' activities related to the exploitation and utilization of marine and island resources in accordance with the law and the delegation of competent state agencies;

i) Investigate, assess, and control pollution and degradation of the marine and island environment from sources generated by marine and island exploitation and utilization activities and marine accidents or disasters within the provincial jurisdiction;

k) Lead the review and assessment of resource utilization efficiency and environmental impacts of marine and island exploitation and utilization projects within the provincial People's Committee's decision-making authority; participate in reviewing projects, initiatives, and specialized tasks related to marine conservation within the province;

l) Coordinate in monitoring oil spills and other specialized activities related to the exploitation and utilization of marine resources and environmental protection in coastal and island areas;

m) Develop and manage material and technical infrastructure for monitoring marine resources and the environment, warning, and mitigating the consequences of natural disasters and environmental incidents within the Department's jurisdiction;

n) Inspect and supervise activities related to the exploitation and utilization of marine and island resources and environmental protection within the managed area; coordinate with specialized patrol and supervision forces to ensure compliance with laws on marine and island resource exploitation and environmental protection within the managed area.

13. Regarding remote sensing:

a) Lead the compilation of local needs for remote sensing data; propose the purchase and exchange of domestic and international remote sensing data for the provincial People's Committee Chairman's decision;

b) Manage, store, supplement, update, and publish remote sensing data and build a local remote sensing database to provide to agencies, organizations, and individuals in accordance with the law.

14. Regarding information materials and application of information technology:

a) Implement programs and plans for collecting, updating, storing, and exploiting information materials on natural resources and the environment; apply and develop local natural resources and environmental information technology within the Department's jurisdiction;

b) Organize the construction, management, and operation of provincial natural resources and environmental databases within the Department's jurisdiction;

c) Organize the implementation of administrative information management computerization in fields within the Department's jurisdiction; guide, inspect, and manage specialized information systems and software;

d) Manage the operation of technical infrastructure, maintain the operation of the electronic portal or website, digital library, ensuring the provision of online public services within the Department's jurisdiction.

d) Ensure the safety and security of information systems and electronic databases on natural resources and the environment; manage, store, and provide information and materials on natural resources and the environment within the scope of management of the Department.

15. Guide and conduct specialized inspections of state management functions over natural resources and the environment for the Natural Resources and Environment Office under the People's Committee at the district level, and professional civil servants on natural resources and the environment under the People's Committee at the commune level.

16. Implement international cooperation in fields within the management functions of the Department in accordance with the law and assignments, delegations, or authorizations from the People's Committee at the provincial level, and the Chairman of the People's Committee at the provincial level.

17. Organize research and application of scientific and technological progress related to natural resources and the environment. Lead or participate in the appraisal of research topics, programs, and projects applying scientific and technological progress related to natural resources and the environment at the local level.

18. Guide and inspect the implementation of self-management mechanisms and self-responsibility for public service units operating in the field of natural resources and the environment at the local level.

19. Assist the People's Committee at the provincial level in managing state affairs concerning enterprises, collective economic organizations, private economic organizations; participate in managing the organization and activities of associations and non-governmental organizations in the field of natural resources and the environment under the authority of the People's Committee at the provincial level.

20. Inspect, investigate, handle violations of laws, resolve complaints and denunciations, and prevent corruption in the field of natural resources and the environment according to the law and assignments or authorizations from the People's Committee at the provincial level.

21. Define the functions, tasks, powers, organizational structure, and working relationships of subordinate units of the Department; manage the staffing of civil servants, the number of personnel working in public service units, implement salary systems and incentive policies, training, commendation, and disciplinary measures for civil servants and officials under the management of the Department according to the law and the delegation of the People's Committee at the provincial level; organize professional training for civil servants in the Natural Resources and Environment Office at the district level and professional civil servants assisting the People's Committee at the commune level in managing state affairs regarding natural resources and the environment.

22. Manage and be responsible for the financial and asset matters of the Department according to the law and assignments or authorizations from the People's Committee at the provincial level.

23. Conduct statistics and report on the management and protection of natural resources and the environment at the local level according to the law.

24. Perform other tasks assigned by the People's Committee, Chairman of the People's Committee at the provincial level, or as stipulated by the law.

Article 3. Organizational Structure

1. The Department Leadership

a) The Department of Natural Resources and Environment has a Director and not more than three Deputy Directors; specifically, the Department of Natural Resources and Environment of Hanoi City and Ho Chi Minh City may have up to four Deputy Directors.

b) The Director of the Department is the head of the Department, accountable to the People's Committee at the provincial level, the Chairman of the People's Committee at the provincial level, and the law for all activities of the Department; responsible for reporting work to the People's Committee at the provincial level, the Chairman of the People's Committee at the provincial level, and the Minister of Natural Resources and Environment; report to the People's Council, respond to the suggestions of voters, and answer questions from representatives of the People's Council at the provincial level upon request.

c) The Deputy Director of the Department assists the Director, accountable to the Director and the law for the tasks assigned;

d) The appointment of the Director and Deputy Directors of the Department shall be decided by the Chairman of the People's Committee at the provincial level based on professional standards issued by the Ministry of Natural Resources and Environment and in accordance with the law.

đ) The Director of the Department of Natural Resources and Environment appoints and dismisses the heads and deputy heads of subordinate organizations according to the position criteria established by the People's Committee at the provincial level.

e) The Director and Deputy Directors of the Department of Natural Resources and Environment shall not concurrently hold the position of Head of a subordinate unit with legal personality. Dismissals, resignations, commendations, disciplinary actions, and other systems and policies for the Director and Deputy Directors of the Department shall be implemented in accordance with the law.

2. Advisory and specialized organizations

a) Office;

In cases where the Department of Finance has fewer specialized departments than those listed above, the provincial people's committee decides on adjustments to the names and functions of the departments to ensure comprehensive coverage of all areas under management and compliance with legal provisions.

c) The Planning and Finance Division;

d) Surveying, Mapping, and Remote Sensing Division;

đ) Meteorology, Hydrology, and Climate Change Division;

e) Mineral Resources Division;

g) Water Resources Division;

h) Environmental Protection Agency (with no more than four divisions);

i) Land Management Agency (with no more than four divisions);

k) Marine and Island Affairs Agency (only established for coastal provinces and cities, with no more than three divisions).

For Hanoi City and Ho Chi Minh City, in cases where other organizations are established outside those specified in Clause 2 of this Article, the Mayor shall direct the development of a proposal for establishing such organizations and must reach consensus with the Ministry of Home Affairs and the Ministry of Natural Resources and Environment before making a decision.

3. Public Service Units

a) Center for Information Technology in Natural Resources and Environment;

b) Land Development Center;

c) Monitoring Center for Natural Resources and Environment;

d) Land Registration Office;

đ) Technical Center for Natural Resources and Environment (based on restructuring existing centers);

4. Staffing of Civil Servants, Positions, and Number of Personnel Working in Public Service Units Under the Department

The staffing of civil servants and the number of personnel working in public service units of the Department of Natural Resources and Environment are allocated based on job positions, linked to functions, tasks, scope of operations, and within the total staffing of civil servants and public service units in administrative agencies and public service units at the provincial level directly under the central government, as authorized by the competent authority.

Chapter II

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT

1. The position and functions of the Social and Cultural Department shall be carried out in accordance with Article 11 of Decree No. 150/2025/NĐ-CP.

1. The Natural Resources and Environment Office is a specialized agency under the People's Committee at the district level, performing advisory and assistance functions in managing state affairs concerning natural resources and the environment, including land, water resources, mineral resources, the environment, climate change, and marine and island areas (for districts with coastal areas and islands).

2. The Natural Resources and Environment Office has legal personality, its own seal, and bank account; it is subject to direction, management, and operation by the People's Committee at the district level; at the same time, it is subject to guidance, inspection, and professional instruction from the Department of Natural Resources and Environment.

Article 5. Tasks and Powers

1. Submit to the People's Committee at the district level for issuance of decisions, directives; long-term plans, five-year plans, and annual plans; programs and measures to organize the implementation of administrative reform tasks within the natural resources and environment sector.

2. Implement legal documents, plans, and programs after approval; disseminate information, raise awareness, and educate on laws related to natural resources and the environment; monitor the enforcement of laws concerning natural resources and the environment.

3. Develop land use plans and adjust district-level land use plans, and organize their implementation after approval.

4. Review files regarding land allocation, land leasing, land recovery, changes in land use purposes, transfer of land use rights, issuance of certificates of land use rights, ownership of houses, and other assets attached to land for entities under the jurisdiction of the district People's Committee.

5. Monitor land changes; establish, manage, update, and amend cadastral records, and build a land information system at the district level.

6. Participate in determining land prices, fees for land use, and land rental fees; organize the review of compensation, support, and resettlement plans as prescribed by law; advise the Chairman of the district People's Committee on decisions regarding land requisition and extension of land requisition.

7. Organize registration, confirmation, and inspection of environmental protection commitments, environmental protection projects, environmental protection plans, and preventive, response, and remediation plans for environmental incidents within the area; implement environmental protection work for craft villages within the area; prepare periodic environmental status reports; propose solutions to address pollution in craft villages, industrial clusters, and tourist areas; collect, manage, and store data on water resources, the environment, and biodiversity within the area.

8. Participate in implementing measures to prevent and control invasive alien species; receive and process information and data on genetically modified organisms and products derived from them, manage genetic resources; participate in organizing the implementation of plans and programs for the conservation and sustainable development of ecosystems, species, and genetic resources.

9. Implement measures to protect the quality of water resources and drinking water sources locally; investigate, compile, and classify wells that need to be sealed; inspect compliance with procedures, formalities, and technical requirements for sealing wells.

10. Organize responses and remediation of water pollution incidents; monitor, detect, and participate in resolving transboundary water pollution incidents according to jurisdiction.

11. Organize registration of water resource exploitation and utilization activities, and discharge of wastewater into water sources according to jurisdiction.

12. Assist the district People's Committee in handling applications for mineral extraction land leases, infrastructure usage, and other related matters for organizations and individuals permitted to operate in the mineral sector according to law.

13. Assist the district People's Committee in implementing measures to protect unexploited mineral resources and other natural resources according to law.

14. Implement action plans to respond to climate change and participate in updating climate change response plans at the district level.

15. Implement legal provisions on environmental protection, land resources, water resources, mineral resources, marine and island resources (for districts with coastal and island areas).

16. Monitor and inspect organizations and individuals in the implementation of legal provisions on natural resources and the environment; handle complaints and denunciations; prevent and combat corruption and waste in natural resources and the environment according to law and division of labor by the district People's Committee.

17. Apply scientific and technological advancements; build information systems and storage facilities to serve state management of natural resources and the environment.

18. Assist the district People's Committee in managing collective economic organizations and private enterprises; participate in managing the organization and activities of associations and non-governmental organizations in the natural resources and environment sector under the jurisdiction of the district People's Committee.

19. Guide and professionally inspect state management of natural resources and the environment for specialized civil servants in the natural resources and environment sector at the commune People's Committee.

20. Implement regular and ad hoc reporting on the implementation of assigned tasks according to regulations of the district People's Committee and the Department of Natural Resources and Environment.

21. Manage organizational structure, job positions, civil servant quotas, grade structures, salary systems, policies, incentives, rewards, disciplinary actions, training, and professional development for civil servants and employees under the management of the Department according to law and division of labor by the district People's Committee.

22. Manage and be responsible for the financial and asset affairs of the Department according to law.

23. Assist the district People's Committee in managing financial resources and public services in the natural resources and environment sector according to law.

24. Perform other tasks assigned by the district People's Committee or as prescribed by law.

Article 6. Organization and Staffing

1. The Department of Natural Resources and Environment shall have a Head, not more than two Deputy Heads, and specialized civil servants.

The Head shall be accountable to the People's Committee, the Chairman of the People's Committee at the district level, and to the law for all activities of the Department.

The Deputy Heads shall assist the Head and be accountable to the Head and to the law for the tasks assigned to them.

The appointment of the Head and Deputy Heads is decided by the Chairman of the district People's Committee based on the criteria set forth by the Department of Natural Resources and Environment submitted to the provincial People's Committee and according to law. Dismissal, removal, commendation, disciplinary actions, and other benefits and policies for the Head and Deputy Heads are implemented according to law.

2. The number of civil servant positions in the Department of Natural Resources and Environment is allocated based on job positions, linked to functions, tasks, scope of operations, and included within the total quota of civil servants in administrative agencies and organizations at the district level assigned by the competent authority.

3. Based on their functions, tasks, job position catalog, and the cadre structure approved by the competent authority, the Department of Natural Resources and Environment shall annually develop plans for civil servant quotas in accordance with the provisions of the law to ensure the fulfillment of assigned tasks.

Chapter III

IMPLEMENTATION

Article 7. Provincial People's Committee

1. According to the socio-economic development characteristics and management requirements at the local level, improve the organizational system of the natural resources and environment sector within its jurisdiction.

2. Specify the functions, tasks, powers, and organizational structure of the Department of Natural Resources and Environment; guide the People's Committees of districts to specify the tasks, powers, and organizational structures of district-level Environmental Resource Departments.

3. Allocate civil servant quotas and the number of staff working in public service units under the Department of Natural Resources and Environment and district-level Environmental Resource Departments according to job positions.

4. Direct, guide, inspect, and audit the implementation of regulations concerning functions, tasks, powers, organizational structures, and staffing of specialized agencies under the provincial and district People's Committees responsible for managing natural resources and the environment.

Article 8. Chairman of the Provincial People's Committee

1. Specify the delegation of authority for the Director of the Department to appoint and relieve from office heads and deputy heads of subordinate organizations and units according to standards and titles issued by the provincial People's Committee.

2. Report to the Ministry of Natural Resources and Environment and the Ministry of Home Affairs on the organization and operation of the Department of Natural Resources and Environment and the Environmental Resource Departments at the local level.

Article 9. Transitional Provisions

1. The deadline for establishing the Land Registration Office and the Land Development Center as stipulated in Clause 3, Article 3 of this Joint Circular shall be implemented in accordance with Clause 5, Article 5 of Decree No. 43/2014/NĐ-CP dated May 15, 2014 of the Government detailing certain provisions of the Land Law.

2. Until the establishment of the Land Registration Office and the Land Development Center as stipulated in Clause 1 of this Article, the current Land Use Right Registration Offices and Land Development Organizations at all levels shall continue to operate according to their functions, tasks, powers, organizational structures, and financial mechanisms already assigned.

Article 10. Effective Date

1. This Joint Circular takes effect from November 20, 2014.

2. This Joint Circular replaces the following Joint Circulars of the Ministry of Natural Resources and Environment and the Ministry of Home Affairs: No. 03/2008/TTLT-BTNMT-BNV dated July 15, 2008 guiding the functions, tasks, powers, and organizational structures of specialized agencies on natural resources and the environment under People's Committees at various levels; No. 26/2010/TTLT-BTNMT-BNV dated November 5, 2010 guiding the functions, tasks, powers, organizational structures, and staffing of the Marine and Island Management Agency under the Department of Natural Resources and Environment; No. 04/2010/TTLT-BTNMT-BNV dated February 2, 2010 guiding the tasks, powers, organization, and staffing of the Department of Natural Resources and Environment under provincial and centrally-administered city People's Committees, and the Environmental Resource Departments under district, urban district, and provincial city People's Committees regarding land valuation work; No. 07/2011/TTLT-BTNMT-BNV dated January 30, 2011 guiding the functions, tasks, powers, organizational structures, and staffing of the Information Technology Centers under the Department of Natural Resources and Environment.

3. Repeal Section II of Joint Circular No. 12/2007/TTLT-BTNMT-BNV dated December 27, 2007 of the Ministry of Natural Resources and Environment and the Ministry of Home Affairs guiding the implementation of certain provisions of Decree No. 81/2007/NĐ-CP dated May 23, 2007 of the Government on the organization and environmental protection specialist departments in state agencies and state-owned enterprises.

4. During the implementation process, if any issues arise or difficulties occur, provinces and centrally-administered cities should promptly report to the Ministry of Natural Resources and Environment and the Ministry of Home Affairs for consideration and resolution within their respective jurisdictions./.