Decree No. 68/2022/NĐ-CP on the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment

DECREE

Regulations on functions, tasks, powers
and organizational structure of the Ministry of Natural Resources and Environment

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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; Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

At the proposal of the Minister of Natural Resources and Environment;

The Government promulgates this Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment.

Article 1. Position and Functions

The Ministry of Natural Resources and Environment is an agency of the Government, performing state management functions in the following areas: land; water resources; mineral resources, geology; environment; meteorology and hydrology; climate change; surveying and mapping; comprehensive management of natural resources and protection of the marine and island environment; remote sensing; state management of public services in fields under the Ministry's jurisdiction.

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;

The Ministry of Natural Resources and Environment performs the tasks and powers prescribed in 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, Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP, and the specific tasks and powers set forth below:

1\. Submit to the Government 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 according to the annual legislative program and plan of the Ministry that has been approved, and other resolutions, mechanisms, policies, projects, programs, regulatory documents within the scope of state management of the Ministry as assigned by the Government and the Prime Minister.

2\. Submit to the Government and the Prime Minister for approval and organization of implementation of strategies, plans, and programs for long-term, medium-term, and annual development and important national projects in sectors and fields managed by the Ministry.

3. Submit to the Prime Minister draft decisions, directives, and other documents within the Prime Minister's authority to issue.

4\. Approve strategies, plans, and programs for development in sectors and fields under the scope of state management of the Ministry; investment projects according to the分级授权翻译已完成：

5\. Issue circulars, decisions, and other documents on state management in sectors and fields under the scope of state management of the Ministry; direct, guide, organize the implementation and inspect, evaluate the implementation of strategies, policies, plans, programs, projects, tasks, regulatory documents within the scope of state management of the Ministry after they have been approved or issued; disseminate information, promote, popularize, and educate the law on natural resources and the environment; build national standards; establish and issue national indicators, national technical regulations, technical provisions, statistical indicators, economic-technical norms in sectors and fields under the scope of state management of the Ministry.

6\. Regarding land:

a\. Be responsible before the Government for unified management of land throughout the country as provided by law;

b\. Guide and inspect the investigation, survey, measurement, creation of land registry maps, current land use status maps, and land use planning maps; the establishment, adjustment, and implementation of land use plans; the allocation, leasing, recovery of land, change of land use purpose; registration of land use rights, ownership of houses and other assets attached to land; management of land registry files; issuance of certificates of land use rights, ownership of houses and other assets attached to land; implementation of rights and obligations of land users as provided by law;

c\. Take the lead in establishing, adjusting, and announcing national land use plans and plans; submit to the Prime Minister for approval of national land use quotas after the National Assembly decides; submit to the Prime Minister for establishment of the National Land Use Planning Review Council, the National Defense and Security Land Use Planning Review Council; review provincial land use plans, defense and security land use plans;

d\. Review the change of land use purpose from rice cultivation land, protective forest land, special-use forest land as provided by law on land;

đ\. Guide the allocation of land funds for real estate market development in land use plans and plans;

e\. Take the lead and coordinate with relevant ministries and sectors to develop principles and methods for determining land prices to be submitted to the Government for promulgation or proposed to competent authorities for promulgation; guide the establishment and adjustment of land price lists and specific land valuation according to the law on land; create land price maps;

g\. Guide and inspect the recovery of land, development of land funds, management of recovered land; auction of land use rights and management of land use in tender projects involving land use according to the law;

h\. Guide, inspect, and organize the implementation of legal provisions on compensation, support, and resettlement when the State recovers land; guide the determination of land users eligible for compensation, support, or non-compensation, non-support; review the framework policy on compensation, support, and resettlement when the State recovers land for investment projects decided by the National Assembly on investment orientation, approved by the Prime Minister on investment orientation that must relocate entire communities, affecting the entire life, economy, society, cultural traditions of the community, land recovery projects related to many provinces, centrally governed cities;

i\. Issue and manage the use of blank certificates of land use rights, ownership of houses and other assets attached to land;

k\. Develop periodic land statistics and inventory plans; conduct specialized or ad hoc land statistics and inventory and submit them to competent authorities for approval and implement after approval; guide and inspect the implementation of land statistics and inventory work at local levels;

l) Develop an overall plan and organize the implementation of land surveys and assessments for regions and nationwide on a regular basis and by topic; publish the results of national land surveys and assessments, regional land surveys and assessments; build and manage uniformly the national system for monitoring and supervising land resources; guide and inspect the implementation of land surveys and assessments at the provincial level;

m) Build a system for tracking and evaluating land management and usage; manage and operate the central tracking and evaluation system for land management and usage; guide and inspect local management and operation of the tracking and evaluation system for land management and usage;

7. Regarding water resources:

a) State management of water resources, management of river basins nationwide to ensure water security;

b) Establish and adjust the overall plan for basic investigations of water resources, water resource planning, inter-provincial river basin water resource planning, inter-provincial water source planning, submit them to the Prime Minister for approval and implement them after approval; organize the regulation and distribution of water resources in inter-provincial river basins; provide written comments on plans for the exploitation, utilization, and protection of water resources in regional, provincial, and centrally-administered city planning; approve content related to water exploitation and utilization in irrigation, water supply, and technical and specialized planning with water resource activities established by ministries and ministerial-level agencies, and activities related to water resource exploitation, utilization, and protection according to their authority; review projects transferring water from river basins;

c) Categorize inter-provincial water sources based on pollution levels and depletion; establish plans for regulating and distributing water resources to restore polluted, degraded, and depleted inter-provincial water sources, and implement them after approval by competent authorities; guide and inspect the implementation of water resource regulation and distribution plans, measures to prevent and control degradation and depletion of water sources in construction, production, business, and service activities as prescribed by law;

d) Compile lists of inter-provincial river basins and submit them to the Prime Minister for issuance; establish and issue lists of intra-provincial river basins, inter-provincial water sources, and international water sources; lists of lakes, ponds, reservoirs, and swamps that cannot be filled in areas covering two or more provinces or centrally-administered cities; organize the implementation of measures to protect and prevent erosion and collapse of riverbeds, banks, and beaches, and water source protection zones for inter-provincial rivers; organize investigations, evaluations, monitoring, and supervision of river flow changes, sedimentation, erosion, and collapse of riverbeds, banks, and beaches in inter-provincial rivers; organize research to determine changes in riverbeds and natural laws affecting the stability of riverbeds, banks, and beaches;

đ) Direct and guide the demarcation of restricted groundwater extraction zones; comment on lists and maps of restricted groundwater extraction zones, plans for restricted groundwater extraction, registered groundwater extraction zones, areas requiring artificial groundwater replenishment, minimum flow rates, and groundwater extraction thresholds as prescribed by law; guide the implementation of regulations on establishing and managing water source protection zones as prescribed by law; guide the determination and announcement of protected sanitary zones for drinking water sources as prescribed by law;

e) Organize the development of models for efficient and economical water use; promote and publicize models, technologies, and equipment for water conservation; guide the implementation of regulations providing incentives for activities using water efficiently and economically;

g) Establish and adjust the operation procedures for interconnected reservoirs in river basins according to the list of reservoirs required to have operation procedures, submit them to the Prime Minister for issuance and guide and inspect their implementation; guide the implementation of regulations on monitoring and supervising water resource exploitation and utilization activities in river basins; review reservoir construction projects to ensure compliance with requirements for protecting, exploiting, and utilizing water resources comprehensively and multi-purposefully, and their consistency with water resource planning and comprehensive river basin and inter-provincial water source planning;

h) Guide, inspect, and implement measures to maintain minimum flows in rivers and downstream of reservoirs and dams to ensure the comprehensive and effective exploitation and utilization of water resources in river basins; compliance with technical standards and regulations on safety and prevention of subsidence and collapse during water exploration, exploitation, and utilization as prescribed by law; direct the organization of measures to prevent subsidence and collapse (excluding water conservancy works, flood control, and disaster prevention projects) during water exploration, exploitation, and utilization as prescribed by law;

i) Conduct basic investigations of national water resources; compile results of basic investigations, situations of water resource exploitation, utilization, and protection carried out by ministries, sectors, and localities; inventory, evaluate, and forecast water resources; build and manage systems for monitoring and supervising water resources, exploitation, and utilization in inter-provincial river basins and inter-provincial and international water sources; announce water shortages and measures for regulating, allocating, and conserving water use appropriately; prepare national water resource reports;

k) Guide, inspect, and organize the implementation of issuing, extending, adjusting, suspending, revoking, and reissuing permits for water resource exploration, exploitation, utilization, and groundwater drilling operations; approve the transfer of water resource exploitation rights according to legal provisions;

l) Resolve disputes arising from water resource exploitation and utilization, and wastewater discharge into water sources for cases within the permit issuance authority, and other water resource disputes between provinces and centrally-administered cities;

m) Is the national focal agency for exchanging information related to transboundary water resources and participating in international organizations and forums on river basins; guiding and supervising the implementation of international conventions, treaties, and agreements on water resources to which the Socialist Republic of Vietnam is a member;

n) Monitoring, supervising, and compiling the situation of transboundary water resources, promptly reporting and proposing solutions to the Government and Prime Minister to ensure Vietnam's rights and interests;

o) Is the permanent body of the Mekong River Commission of Vietnam, the National Council on Water Resources, and other river basin committees;

p) Directing, inspecting, and organizing the implementation of policies and laws regarding methods of calculating and levels of charging for the right to exploit water resources; deciding on approval, adjustment, notification of recovery, refund of charges for the right to exploit water resources in cases within its jurisdiction;

8. On geology and minerals:

a) Building and implementing strategies on geology and minerals; directing and organizing basic research and surveys on geology, minerals, engineering geology - hydrogeology, geological disasters, geological heritage, geological parks; monitoring geological disasters and mineral exploration nationwide; participating in drafting opinions on plans for mineral exploration, exploitation, processing, and utilization developed by ministries, sectors, and localities; guiding the preparation, appraisal, and recognition of national geological heritage and geological park titles;

b) Designating and announcing areas with scattered and small-scale minerals, hazardous and radioactive minerals, geological heritage, and geological parks; designating and submitting to competent authorities for approval national mineral reserves areas and areas not subject to auction for mining rights; compiling the designation of areas not subject to auction for mining rights, prohibited areas, and temporarily prohibited mining activities under the jurisdiction of localities; inspecting and reviewing documents and files for the approval of prohibited mining areas and temporarily prohibited mining areas established by provincial People's Committees;

c) Taking the lead in coordinating with relevant ministries, sectors, and provincial People's Committees where there are projects to decide whether to exploit or not to exploit minerals in areas with national key projects under the investment decision-making authority of the National Assembly or important projects under the decision-making authority of the Government or Prime Minister, which have been surveyed and assessed for minerals or discovered to have minerals without prior survey and assessment;

d) Appraising projects, tasks, and programs on basic geological surveys, engineering geology - hydrogeology, geological disasters, geological heritage, geological parks; monitoring geological disasters; mineral exploration according to the law; appraising reports on mineral exploration results and upgraded reserves; managing reserves and confirming mobilized reserves for mineral exploitation projects according to the law; directing the resolution of matters related to the evaluation of national mineral reserves;

đ) Implementing registration for basic geological surveys, mineral surveys, engineering geology - hydrogeology, geological disasters, geological heritage, geological parks; monitoring geological disasters, mineral exploration; compiling results of basic geological surveys, minerals; statistics and inventory of geological resources and mineral reserves;

e) Conducting auctions for mining rights within its jurisdiction; determining charges for mining rights within the licensing authority of the Ministry of Natural Resources and Environment; determining costs for returning the use of geological data and quantifying the value of geological resources and minerals according to the law;

g) Issuing, extending, adjusting, revoking, and approving the return of Mineral Exploration Licenses, Mineral Exploitation Licenses; allowing the transfer of mineral exploration rights and mineral exploitation rights; approving the return of part of the area for mineral exploration and exploitation; approving closure project proposals and decisions to close mineral mines according to the law;

h) Inspecting compliance with the contents of Mineral Exploration Licenses and Mineral Exploitation Licenses issued by the Ministry of Natural Resources and Environment; overseeing mineral activities and basic geological surveys nationwide; monitoring compliance with sustainable development policies for basic geological surveys, mineral activities, and local and people's rights in areas where minerals are exploited; inspecting and supervising during the implementation of mineral exploration projects approved by the Minister; inspecting the work of calculating charges for the right to exploit geological resources and minerals, and auctions for the right to exploit geological resources and minerals at localities;

i) Serving as the national focal point for participating in the Southeast Asian and East Asia Regional Geoscience Program Coordination Committee (CCOP); the National Committee of Vietnam for the International Geoscience Program (IGCP); serving as the national focal point supporting coordination and implementation of activities related to the development and management of the UNESCO Global Geoparks Network;

9. On the environment:

a) Guiding the inclusion of environmental protection content in provincial planning; organizing the inclusion of environmental protection content in regional planning; organizing the establishment, submission for approval, publication, and implementation of the national environmental protection plan according to the law;

b) Guide the work of reviewing and approving the results of environmental impact assessment reports, plans for environmental remediation during mineral exploitation; develop technical guidelines for implementing strategic environmental assessments and environmental impact assessments; provide comments on the content of strategic environmental assessments; organize reviews and approve the results of environmental impact assessment reports and plans for environmental remediation during mineral exploitation as prescribed by law;

c) Direct, guide, inspect and organize the implementation of pollution source control for centralized production, business, service areas, industrial clusters as prescribed by law;

d) Implement state management over solid waste as prescribed by law; direct, guide, inspect the work of managing general industrial solid waste, household solid waste, hazardous waste, recycling, collection, and treatment activities of organizations and individuals involved in production, importation as prescribed by law; guide and inspect facilities using imported waste materials as raw materials for production as prescribed by law;

đ) Guide technical measures for preventing and responding to waste incidents;

e) Direct, guide, inspect and organize the implementation of: environmental quality management work, environmental restoration and recovery work, environmental protection work in managing persistent pollutants and materials containing persistent pollutants such as raw materials, fuels, materials, products, goods, equipment; contents and criteria for rural environmental protection as prescribed by law; build and submit to competent authorities for approval the National Plan for Managing Air Quality, Surface Water Quality Management, Treatment, Restoration, and Recovery of Severely Polluted Areas; evaluate surface water quality and carrying capacity of inter-provincial rivers and lakes as prescribed by law;

g) Guide, inspect and organize the implementation of environmental monitoring work, information dissemination, and warnings about environmental pollution nationwide as prescribed by law, including: organizing the establishment and management of the national environmental monitoring network; approve and organize the implementation of the national environmental monitoring program; manage the quality, calibration, and testing of environmental monitoring equipment as prescribed by law; manage monitoring data, transmission, receipt, and publication of monitoring results as prescribed by law; publish national environmental monitoring results; guide professional operations and provide technical support for managing monitoring data;

h) Guide and organize the preparation and publication of current environmental status reports, specialized national environmental reports; guide and organize the preparation of environmental protection work reports;

i) Guide environmental statistics work;

k) Guide and organize the implementation of environmental permit issuance, amendment, adjustment, reissue, and revocation procedures; issue, amend, and reissue environmental certification according to the law; guide the acceptance of environmental registration as prescribed by law;

l) Guide ministries, sectors, localities on professional matters and key tasks related to environmental protection; compile proposals for budget allocations for environmental protection activities of central agencies, provincial People's Committees, and guide their implementation according to the State Budget Law; guide the compilation, tracking, and publication of environmental expenditure sources;

m) Propose tax, fee policies for environmental protection, green bond issuance, and other economic tools to mobilize and utilize resources for environmental protection as prescribed by law;

n) Organize the management of the Vietnam Environmental Protection Fund; serve as the national focal point for the Global Environment Facility; implement the Stockholm Convention on Persistent Organic Pollutants, the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, and other international agreements and treaties on the environment as assigned by the Government;

10. On nature conservation and biodiversity:

a) Organize the development, submission for approval, publication, implementation, and evaluation of the national biodiversity conservation planning as prescribed by law;

b) Uniformly implement state management over the conservation and sustainable use of important wetland areas, environmental protection of natural heritage across the country as prescribed by law; organize inter-ministerial review boards for projects establishing protected areas with an area spanning two provinces or centrally-administered cities or more; take the lead and coordinate with provincial People's Committees to establish projects and manage them after obtaining approval from competent authorities for national-level nature reserves and natural heritage sites as assigned by the Government; direct and guide the establishment and management of provincial-level biodiversity corridors, high-biodiversity areas, and important ecological landscapes as prescribed by law;

c) Guide and inspect the management of biodiversity conservation facilities, species conservation under the priority list of endangered, precious, and rare species excluding crop and livestock breeds as prescribed by law;

d) Guide and inspect long-term genetic resource preservation and genetic sample preservation of priority protected species; guide the management and supervision of access to genetic resources and traditional knowledge associated with genetic resources, sharing benefits arising from the use of genetic resources managed by the State and traditional knowledge related to genetic resources; establish a list of genetically modified organisms that have been certified as safe.

d) Establish, submit to competent authorities for issuance or issue within their authority the list, program for conserving critically endangered, precious, and rare species prioritized for protection, excluding critically endangered, precious, and rare crop and livestock breeds prioritized for protection; organize the compilation of the Red Book of Vietnam; guide the conservation of biodiversity in natural areas that do not yet meet the conditions for establishing protected areas; establish the list of invasive alien species; guide and assess the invasive potential of alien species on the environment and biodiversity.

e) Guide, develop, and implement basic investigation programs, monitoring, statistics, and inventory activities related to biodiversity; direct the development and unified management of monitoring data on biodiversity; take the lead in preparing and publishing the national report on biodiversity; guide ministries, sectors, and localities in investigating and preparing reports on biodiversity.

g) Guide, inspect, and organize the implementation of registration, recognition, issuance, revocation of various permits and certificates related to biodiversity within their authority as prescribed by law.

h) Guide the implementation of payment for ecosystem services activities related to biodiversity and natural ecosystem services, excluding forest environmental services.

i) Serve as the national focal point for implementing international agreements on nature conservation and biodiversity as assigned by the Government; direct and guide the preparation of nomination files for recognizing and managing internationally important wetlands under the Ramsar Convention, ASEAN Heritage Parks, World Biosphere Reserves, and other internationally recognized natural heritage sites as prescribed by law.

11. Regarding meteorology and hydrology:

a) Manage and organize the implementation of meteorological and hydrological observation, investigation, and survey activities; manage and guide the operation of meteorological and hydrological observation activities for projects and specialized meteorological and hydrological activities as prescribed by law; build, manage, and operate the national meteorological and hydrological observation station network, lightning location systems, climate change monitoring.

b) Organize the protection of meteorological and hydrological works belonging to the national meteorological and hydrological station network;

c) Manage and organize the implementation of meteorological and hydrological forecasting and warning activities; transmit forecast and warning information; forecast, warn, and disseminate disaster information and risk levels; build, manage, and operate the national meteorological and hydrological forecasting and warning system; develop national climate standards; officially issue and disseminate meteorological and hydrological forecasts, warnings, and disaster risk levels as prescribed.

d) Organize the collection and processing of information, determine, assess disaster risks, delineate disaster risk zones, monitor and supervise disasters;

d) Receive feedback from ministries, sectors, localities, organizations, and individuals regarding the broadcasting regime, quality, and reliability of meteorological and hydrological forecast and warning information, disasters, the use of disaster risk levels in disaster prevention, response, economic and social development activities; periodically monitor, evaluate, and compile the situation of state management of meteorology and hydrology nationwide as prescribed annually.

e) Organize the review of tsunami warning scenarios for Vietnam according to the provisions of the law;

g) Review the content related to meteorology and hydrology in the planning and design of key national construction projects and in the planning and design of construction projects as prescribed by law.

h) Issue, extend, suspend, and revoke licenses for meteorological and hydrological forecasting and warning activities as prescribed by law.

i) Manage the quality of meteorological and hydrological measurement instruments as prescribed by law.

k) Manage, guide, and organize the implementation of meteorological and hydrological service activities as prescribed by law.

l) Approve and supervise the implementation of weather modification plans within their authority.

m) Serve as the national focal point for participating in the World Meteorological Organization (WMO), Typhoon Committee, ASEAN Physical Geography Meteorology Sub-Committee (ASCMG); serve as the focal point for participating in international forums and implementing international agreements on meteorology and hydrology as assigned by the Government.

12. Cartography and geographic information:

a) Build, update, manage, operate, and exploit the national geographic information infrastructure, national primary measurement data system, national measurement network data systems, basic geodetic infrastructure works, Vietnam Geographic Information Portal; build, operate, and update the national base map database and establish, update the national topographic map system; issue the list of place names displayed on maps; provide surveying and mapping products.

b) Guide, inspect, and organize the implementation of verification, calibration, testing, and inspection of measurement instruments used in surveying and mapping activities as prescribed by law on metrology, product quality, and goods.

c) Review the necessity, scope, technical solutions of surveying and mapping content in programs, projects, tasks using central budget funds organized by ministries, ministerial-level agencies, and government agencies; review basic surveying and mapping projects and tasks organized by provincial People's Committees.

d) Issue, extend, supplement, reissue, replace, and revoke surveying and mapping activity licenses; issue, extend, reissue, replace, and revoke surveying and mapping profession certificates; inspect the implementation of surveying and mapping activities by licensed organizations and individuals; inspect the publication and distribution of maps; suspend illegal map publications and direct their recall; issue, revoke, and cancel Free Circulation Certificates (CFS) for surveying and mapping products and goods imported and exported as prescribed by law.

đ) Establish, update, publish, and distribute map products in accordance with the provisions of the law.

e) Organize boundary surveys and map corrections to serve the establishment, dissolution, merger, division, adjustment of provincial administrative boundaries, and resolution of disputes related to provincial administrative boundaries as prescribed by law.

g) Organize boundary surveys and map creation for national border demarcation and management; conduct boundary surveys, create, and update the national standard boundary map set; guide the representation of the national border and territorial sovereignty on surveying and mapping products and map publications.

h) Is the national focal agency, coordinating the implementation of international cooperation activities related to surveying, mapping, and geographic information; participating in international organizations and forums on surveying, mapping, and geographic information as assigned by the Government.

13. On comprehensive management of natural resources and environmental protection of the sea and islands:

a) Establishes, submits to the competent authority for approval, adjustment, and guidance on the implementation of the national marine space planning, overall planning for sustainable exploitation and use of coastal resources, and organizes its implementation, inspection, and supervision after being approved by the competent state authority; establishes, submits to the Prime Minister for approval the key programs for basic surveys of marine and island resources, comprehensive management programs for coastal areas with provincial scope, and lists of classified islands, and organizes their implementation according to the provisions of the law after approval; submits to the Prime Minister the establishment of the National Steering Committee for Marine Space Planning; manages land reclamation activities in accordance with the law;

b) Monitors and compiles the implementation of basic surveys on the sea and islands nationwide; takes the lead in building and implementing programs, projects, tasks, and key basic surveys of marine and island resources according to the division of labor by the Government;

c) Investigates, statistics, classifies, and manages island resources; manages island resource files; specifies detailed regulations on island resource files, guides the establishment and management of island resource files;

d) Grants, recognizes, extends, revokes, permits partial or full return of marine areas, amends, supplements decisions on granting marine areas; resolves recommendations and difficulties regarding the use of marine areas within the granted jurisdiction according to the law; manages and guides the granting of marine areas for the exploitation and use of marine resources; examines and approves in writing within the jurisdiction the location, boundaries, area, coordinates, depth, and usage time of marine areas for Vietnamese organizations and individuals to conduct scientific research activities; conducts surveying, monitoring, investigation, exploration, and evaluation of marine resources;

đ) Issues, reissues, extends, amends, supplements, suspends, revokes research permits for foreign organizations and individuals conducting research in Vietnam's marine areas according to the law; monitors and compiles the implementation of marine and ocean research programs and projects of ministries, sectors, and localities according to the law;

e) Issues, reissues, extends, amends, supplements, permits partial return, and revokes marine dumping permits according to the jurisdiction; supervises dumping activities and handles violations according to the law;

g) Guides and directs provincial People's Committees to establish and protect coastal protection zones;

h) Compiles and evaluates the economic and social potential related to the sea of Vietnam; statistics, classifies, and evaluates the potential of Vietnam's marine and island areas; takes the lead and coordinates with relevant ministries and sectors to assess resource fluctuations; organizes analysis, assessment, and forecasting of domestic and international developments related to resource management, exploitation, use, scientific research, and international cooperation on the sea and islands of Vietnam;

i) Establishes, manages, and organizes the exploitation and use of the integrated monitoring system for marine and island resources and environment; builds and implements investment plans, exploitation, use, and management of specialized facilities serving marine environmental warning, research, and survey activities under the jurisdiction defined by the law;

k) Organizes monitoring of marine and environmental resources; investigates, statistics, classifies, and evaluates discharges from marine and island activities within the jurisdiction; investigates and evaluates the environmental carrying capacity of marine and island areas in high-risk pollution zones; announces marine and island areas that can no longer accept waste; assesses the status of marine and island environmental pollution; zones environmental pollution risks for marine and island areas, creates maps of marine and island environmental pollution risk zones; organizes the implementation of preventive measures, detection, handling, and remediation of pollution and degradation of marine and island environments and ecosystems; improves and restores polluted and degraded marine and island environments and ecosystems;

l) Takes the lead and coordinates with relevant ministries, sectors, and localities to organize inspections and supervision of resource exploitation and use and environmental protection activities in marine, coastal, and island areas; implements monitoring, risk assessment, remediation, and resolution of oil spill and toxic chemical accidents at sea; manages ocean plastic waste according to the law;

m) Guides and organizes publicity about the sea and islands according to the law;

n) Performs the duties of the permanent agency of the National Steering Committee for the Implementation of the Sustainable Development Strategy for Vietnam's Marine Economy until 2030, with a vision to 2045; coordinates the organization of the implementation of the Sustainable Development Strategy for Vietnam's Marine Economy until 2030, with a vision to 2045;

14. On climate change:

a) Proposes and institutionalizes international mechanisms, policies, and initiatives on climate change for socio-economic development and national defense and security, suitable to conditions and ensuring national interests; proposes and recommends adjustments, amendments, and supplements to domestic mechanisms, policies, and technological standards related to climate change in line with international situations;

b) Organizes national climate assessments; builds, updates, and publishes climate change scenarios and organizes their implementation; guides and supervises the assessment of climate change impacts; guides the integration of climate change content into strategies and plans.

c) Organize the supervision of greenhouse gas emissions, activities to reduce greenhouse gas emissions; implement the measurement, reporting, verification (MRV) system for activities to reduce greenhouse gas emissions, the monitoring and evaluation (M&E) system for climate change adaptation activities;

d) Develop, update, organize the implementation, manage and supervise the fulfillment of Nationally Determined Contributions (NDCs); build national reports on climate change and ozone layer protection in accordance with laws and international treaties to which the Socialist Republic of Vietnam is a party; organize the implementation of national greenhouse gas inventories, national climate change adaptation plans;

đ) Build and organize the implementation of carbon credit trading mechanisms; operate domestic carbon markets and participate in global carbon markets; manage and allocate greenhouse gas emission quotas; evaluate and decide on the approval of programs and projects for carbon credit trading and offsetting within the United Nations Framework Convention on Climate Change (UNFCCC), international treaties and agreements to which the Socialist Republic of Vietnam is a party;

e) Lead negotiations, signing, and implementation of international treaties and participation in international organizations related to climate change; mobilize international resources, coordinate and implement international cooperation projects and tasks on climate change within its authority;

g) Establish priority criteria, review and determine priority project lists for responding to climate change; provide opinions on programs, projects, tasks related to climate change implemented by ministries, sectors, and localities;

h) Serve as the focal point for implementing international commitments on climate change and ozone layer protection according to international treaties to which the Socialist Republic of Vietnam is a party; the national focal point for the Climate Change Adaptation Fund; the national focal point for implementing the UNFCCC, the Kyoto Protocol, and the Intergovernmental Panel on Climate Change (IPCC); the national authority for implementing mechanisms under the Paris Agreement on climate change; the national specialized agency of the Network and Climate Technology Center; the national focal point for greenhouse gas emission reduction actions consistent with national conditions;

i) Implement, inspect, and guide the management, consumption, and elimination of ozone-depleting substances and greenhouse gases in accordance with the Montreal Protocol on Substances that Deplete the Ozone Layer;

k) Assist the National Committee on Climate Change in urging and compiling results of the implementation of strategies, planning, programs, projects, and tasks related to climate change and green growth carried out by ministries, sectors, and localities;

15. Regarding remote sensing:

a) Guide and organize the application of remote sensing in monitoring natural resources, the environment, natural disasters, climate change, and other areas to serve state management, economic and social development, and national defense and security as prescribed by law;

b) Build and publish regular and emergency monitoring reports on the situation of natural resource exploitation and utilization, environmental pollution, and climate change using remote sensing technology;

c) Build, manage, exploit, and operate remote sensing data reception infrastructure within the scope of the ministry's management; build and update the national remote sensing image database; compile and publish metadata of the national remote sensing image database; manage the quality of remote sensing products;

d) Compile the demand for remote sensing image information usage from ministries, equivalent agencies, government bodies, provincial people's committees, and urgent tasks assigned to develop a plan for remote sensing data acquisition;

đ) Review content related to remote sensing data reception systems; the acquisition, storage, processing, provision, exploitation, and use of remote sensing image data; the application and development of remote sensing technology for programs, projects, tasks of ministries, sectors, and localities;

e) Guide and inspect remote sensing activities of organizations and individuals in accordance with the law;

g) Serve as the national focal point to participate in international organizations and forums on remote sensing;

16. Collect, acquire, compile, process, build, manage, preserve, store, update, operate, exploit, and use national information and database systems in the fields of natural resources and the environment; publish, issue, and provide information and data on natural resources and the environment; guide and inspect the work of collecting, managing, providing, exploiting, and using information and data on natural resources and the environment in accordance with the law;

17. Organize statistical work, inventory, and archive materials and data on fields within the scope of the ministry's management as prescribed by law;

18. Direct and organize research, application, and implementation of scientific and technological progress; develop science and technology, innovation, and technology transfer; manage measurement and product quality in fields within the scope of the ministry's management as prescribed by law;

19. International cooperation in fields within the scope of the ministry's state management as prescribed by law; organize the signing of international treaties under the authorization of competent state agencies; sign international agreements on behalf of the ministry; participate in international organizations as assigned by the Government.

20. Manage, organize activities for the application of information technology; digital transformation, construction of information systems, large databases in the field of natural resources and environment; implement digital solutions in monitoring, supervision, management, handling incidents related to natural resources and environment, early warning of natural disasters; develop e-Government towards digital Government, digital economy, digital society in the natural resources and environment sector; build, manage, operate, ensure information security: digital infrastructure, digital platforms, data platforms, national digital services on natural resources and environment; integrate, connect, analyze, process and publish, provide, share data and information on natural resources and environment in accordance with regulations.

21. Organize and direct the implementation of the administrative reform program of the ministry according to the objectives and contents of the program, the overall plan for administrative reform of the state approved by the Prime Minister.

22. Build and submit to the competent authority for approval the planning of the network of public service units, public services and mechanisms, policies on providing public services, implement socialization of public services in the fields under the management of the state by the ministry; guide and organize the implementation after approval; implement public services in the fields under the management of the state by the ministry.

23. Manage associations, non-governmental organizations operating in the fields within the scope of state management of the ministry in accordance with the provisions of the law.

24. Represent the State's ownership interest in capital at enterprises under the ministry in accordance with the provisions of the law.

25. Manage organizational structure, civil servant establishment, number of staff members, job positions, civil servant grade structure, staff member structure by occupational titles; decide on rotation, transfer, appointment, dismissal, resignation, assignment, commendation, disciplinary action, termination of employment, retirement, salary system and incentive policies for cadres, civil servants, staff members, workers under the management of the ministry in accordance with the provisions; train and enhance cadres, civil servants, staff members, workers in the sectors and fields managed by the ministry.

26. Inspect, audit; organize citizen reception, handle complaints and suggestions from organizations and citizens; resolve accusations from individuals; organize judicial appraisal activities, valuation in the fields within the scope of state management of the ministry in accordance with the provisions of the law; implement anti-corruption measures and handle violations of the law in the fields within the scope of state management of the ministry.

27. Manage finance, assets assigned and manage, use the state budget allocated in accordance with the provisions of the law.

28. Perform other tasks and powers delegated by the Government, the Prime Minister or as provided by law.

Article 3. Organizational Structure

1. Department of International Cooperation.

2. Department of Planning and Finance.

3. Department of Science and Technology.

4. The Legal Affairs Department.

5. Department of Organization and Cadres.

6. Land Management Department.

7. Environment Department.

8. Inspectorate of the Ministry.

9. Office of the Ministry;

10. National Hydrology and Meteorology General Department.

11. Biodiversity Conservation and Nature Protection Department.

12. Vietnam Marine and Island Affairs Department.

13. Climate Change Adaptation Department.

14. Digital Transformation and Natural Resources and Environment Information Data Department.

15. Land Registration and Land Information Data Department.

16. Vietnam Geological Department.

17. Surveying, Mapping and Geographic Information Department of Vietnam.

18. Vietnam Mineral Department.

19. Environmental Pollution Control Department.

20. Water Resource Management Department.

21. Land Resource Planning and Development Department.

22. National Remote Sensing Center.

23. Institute of Natural Resources and Environment Strategy and Policy.

24. Natural Resources and Environment Newspaper.

25. Natural Resources and Environment Magazine.

26. National Water Resources Planning and Investigation Center.

27. Cadre Training and Capacity Building School for Natural Resources and Environment.

In this Article, units specified from Clause 1 to Clause 22 are administrative organizations assisting the Minister in performing state management functions, units specified from Clause 23 to Clause 27 are public service organizations serving the state management functions of the ministry.

The Minister of Natural Resources and Environment shall submit to the Prime Minister for approval: Regulations on the functions, tasks, powers, and organizational structure of the National Hydrology and Meteorology General Department; issue a list of other public service units under the ministry.

The Minister of Natural Resources and Environment shall specify the functions, tasks, powers, and organizational structure of subordinate units of the ministry, excluding the unit specified in Clause 10 of this Article.

The Planning and Finance Department has three divisions; the Cadre and Civil Servant Organization Department has three divisions.

Article 4. Effective date

1. This Decree takes effect from November 1, 2022.

2. This Decree replaces Decree 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.

Article 5. Transitional Provisions

1. The Department of Information Technology and Natural Resources and Environment Data, the Vietnam Marine and Island Affairs General Department, the Vietnam Geology and Mineral General Department, the Environment General Department, the Land Management General Department continue to operate in accordance with current regulations until the Decision specifying the functions, tasks, powers, and organizational structure of the units specified in Clauses 6, 7, 8, 11, 12, 14, 15, 16, 18, 19, and 21 of Article 3 issued by the Minister of Natural Resources and Environment takes effect.

2. The Minister of Natural Resources and Environment shall specify the functions, tasks, powers, and organizational structure of the Inspectorate of the Ministry, the units: Vietnam Geological Department and Vietnam Mineral Department ensuring the inheritance of the tasks and powers of the Vietnam Geology and Mineral General Department; Environment Department, Biodiversity Conservation and Nature Protection Department, and Environmental Pollution Control Department ensuring the inheritance of the tasks and powers of the Environment General Department; Land Department, Land Registration and Land Information Data Department, and Land Resource Planning and Development Department ensuring the inheritance of the tasks and powers of the Land Management General Department; Vietnam Marine and Island Affairs Department ensuring the inheritance of the tasks and powers of the Vietnam Marine and Island Affairs General Department in accordance with the law and international treaties to which the Socialist Republic of Vietnam is a party until the competent authority issues or amends relevant laws.

3. Public service units directly under the Vietnam Marine and Island Affairs General Department, the Vietnam Geology and Mineral General Department, the Environment General Department, and the Land Management General Department shall continue to operate in accordance with current regulations until decisions on consolidation and restructuring are made by the competent authority.

Article 6. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.