Decree No. 79-CP Regarding the Establishment of the Vietnam Geological and Mineral Resources Administration

DECREE

Regarding the establishment of the Vietnam Geological and Mineral Resources Administration

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to Decree No. 74/CP dated November 1, 1995 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Industry;

At the proposal of the Minister of Industry and the Minister - Head of the Civil Service Organization Board of the Government,

DECREE:

Article 1.- The Vietnam Geological and Mineral Resources Administration is established based on the merger of the Vietnam Geological Survey and the Mineral Resources Management Department.

The Vietnam Geological and Mineral Resources Administration is a subordinate agency under the Ministry of Industry, assisting the Minister of Industry in performing state management functions in the geological and mineral resources sector, including: research and basic investigation work on geology, mineral resource activities (exploration, survey, mining, processing of minerals), protection of mineral resources; organizing and implementing research and basic investigation work on geological and mineral resources and mineral deposit exploration throughout the country.

The Vietnam Geological and Mineral Resources Administration has legal personality, possesses a seal, and its operational budget is provided by the state budget, with an account at the State Treasury.

The Vietnam Geological and Mineral Resources Administration has its headquarters in Hanoi and its subordinate units are located in several regions.

Article 2.- The Vietnam Geological and Mineral Resources Administration has the following main tasks and powers:

1. Drafting and participating in drafting legal documents on management, protection, basic investigation of geology, mineral resources, and mineral resource activities for the Minister of Industry to submit to the Government for issuance or for the Ministry to issue within its authority.

2. Drafting and participating in drafting plans, policies, and programs on research and basic investigation of geology, mineral resource activities, and development of mineral extraction and processing industries for the Minister of Industry to submit to the Government for approval.

3. Submitting to the Minister of Industry for issuance or for the Administration to issue within its authority technical procedures, norms, standards, and economic-technical quotas on the geological and mineral resources sector. Providing professional guidance on state management of geology and mineral resources to local Industrial Departments.

4. Submitting to the Minister of Industry for decision-making on issuing, renewing, revoking various types of permits related to mineral exploration, survey, mining, and processing, and allowing the return of mineral activity permits and the transfer of mineral activity rights.

Submitting to the Minister of Industry areas prohibited or temporarily prohibited from mineral activities, areas containing hazardous minerals for the Ministry to decide according to its authority after obtaining written opinions from relevant state agencies managing those areas and from the People's Committees of provinces and centrally-administered cities.

Confirming the legality of geological and mineral samples, materials, minerals exported abroad, and for feasibility studies of projects.

5. Based on assigned tasks and plans, the Administration organizes and directs subordinate units to implement tasks and plans regarding research and basic investigation of geological and mineral resources, environmental geology, hydrogeology, engineering geology, urban geology, rural geology, disaster geology, geothermal energy, and mineral deposit exploration.

Organizing the application of scientific and technological advancements in basic geological investigation and mineral resource activities.

Registering, monitoring, and summarizing the situation of geological and mineral resource activities nationwide.

6. Reviewing or participating in reviewing project proposals and reports on basic geological investigations for submission to the Minister of Industry for approval or for the Director of the Administration to approve according to delegated authority by the Minister of Industry.

Participating in reviewing investment projects, proposals, and technical design reports in mineral resource activities.

7. Storing, managing, and using all geological and mineral samples, data, and information in accordance with legal regulations.

8. Implementing international cooperation in the geological and mineral resources sector. Representing the Vietnamese geological and mineral resources sector in international activities related to scientific and technological cooperation in this field.

9. Conducting specialized inspections and audits on basic geological investigations and mineral resource activities.

Participating in resolving or resolving disputes, complaints, and accusations in geological and mineral resource activities according to its authority.

10. Promoting, disseminating, and guiding sectors, localities, institutions, and citizens in implementing laws on geology and mineral resources. Cooperating with law enforcement agencies and local authorities in protecting mineral resources.

11. Managing and effectively utilizing state-provided financial resources and assets; managing construction projects according to legal provisions and assignments by the Ministry.

12. Managing organization, staffing, and training and professional development for cadres and workers in the sector.

Article 3.- The organizational structure of the Vietnam Geological and Mineral Resources Administration includes:

1. The Vietnam Geological and Mineral Resources Administration is led by a Director and several Deputy Directors assisting the Director. The Director is responsible to the Minister of Industry for all activities of the Administration. Deputy Directors are responsible to the Director for the areas assigned by the Director.

The Director and Deputy Directors are appointed by the Minister of Industry.

2. Supporting machinery for the Director includes:

a) Office and specialized departments.

The Minister of Industry will specify the specialized departments directly under the Administration.

b) Public service units.

The Minister of Industry will jointly with the Minister - Head of the Civil Service Organization Board of the Government decide specifically on public service units based on the reorganization of existing units.

3. For state-owned enterprises, the Minister of Industry will consider decisions according to the Law on State-Owned Enterprises and other legal documents regulating the establishment, division, merger, and dissolution of state-owned enterprises.

Article 4.- This Decree takes effect from the date of issuance. The establishment of the Mineral Resources Management Department and the Vietnam Geological Survey mentioned in Clause d, Section 1, Article 3 of Government Decree No. 74/CP dated November 1, 1995 on the functions, tasks, powers, and organizational structure of the Ministry of Industry is abolished.

Article 5.- The Minister of Industry, ministers, heads of ministerial-level agencies, heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decree.