Decree No. 81/2007/ND-CP on the organization and specialized departments for environmental protection at state agencies and state-owned enterprises

 

DECREE

Regulations on the organization and specialized departments for environmental protection

at state agencies and state-owned enterprises

                      

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

The Prime Minister issues this Decision amending and supplementing certain provisions of the Regulation on Response Activities to Oil Spill Incidents issued together with Decision No. 02/2013/QĐ-TTg dated January 14, 2013 of the Prime Minister.

Considering the proposal of the Minister of Home Affairs and the Minister of Natural Resources and Environment.

DECREE

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Decree guides the implementation of the Environmental Protection Law 2005 regarding the organization and specialized departments for environmental protection at state agencies and state-owned enterprises.

2. This Decree applies to:

a) The specialized department for environmental protection of Ministries, ministerial-level agencies, and government agencies (hereinafter referred to collectively as Ministries);

b) The specialized organizations and departments for environmental protection of sectoral administrative management agencies and sectoral law enforcement agencies (hereinafter referred to collectively as Bureaus, General Bureaus) under Ministries, ministerial-level agencies;

c) The specialized department for environmental protection under Provincial Departments of Natural Resources and Environment (hereinafter referred to collectively as the specialized department for environmental protection under provincial People's Committees);

d) The specialized department for environmental protection under District, County, City District, and Provincial City Departments of Natural Resources and Environment (hereinafter referred to collectively as the specialized department for environmental protection under district-level People's Committees);

e) Land Administration - Construction officials at Communes, Wards, and Towns (hereinafter referred to collectively as land administration - construction officials at commune level);

f) Specialized organizations and staff responsible for environmental protection at Industrial Park Management Boards, Export Processing Zone Management Boards, High-Tech Park Management Boards, Economic Zone Management Boards, and other named management boards (hereinafter referred to collectively as Economic Zone Management Boards);

g) Specialized organizations and staff responsible for environmental protection at State-Owned Enterprises, State-Held Corporations, and State Economic Groups (hereinafter referred to collectively as state-owned enterprises).

Article 3. Subjects not covered by this Decree include:

a) Consulting and inter-sectoral coordination organizations with responsibilities related to environmental protection work;

b) Public institutions (excluding public institutions directly subordinate to specialized environmental protection agencies as specified in Points a, b, and c of Clause 2 of this Article);

c) Vietnam Environmental Protection Fund; Environmental Protection Funds of Ministries, sectors, and localities;

d) Enterprises implementing environmental protection services;

e) Non-Governmental Organizations and community self-management organizations implementing environmental sanitation and protection services as stipulated in Article 116 of the Environmental Protection Law.

Article 2. Principles for establishing and operating specialized organizations and departments for environmental protection case

1. Specialized organizations and departments for environmental protection shall be established and operate in accordance with the requirements of streamlined organizational structures, multi-disciplinary activities; ensuring the integration of environmental protection tasks into programs, plans, and activities within sectors and fields.

2. The establishment of dedicated units or the assignment of focal points for environmental protection work must be based on the nature and scope of the tasks, the authority of state management, or the implementation of environmental protection laws in specific sectors, fields, or areas as prescribed by environmental protection laws.

3. Flexible recruitment and utilization of cadres, civil servants, and public officials with expertise in relevant scientific and technological disciplines related to natural and social environments should be encouraged for environmental protection work.

4. Effective collaboration between specialized environmental protection agencies and state agencies, organizations, and individuals in monitoring and enforcing environmental protection laws within sectors, fields, and areas, and in mobilizing extensive economic and social resources domestically and international financial assistance and support from international organizations to fulfill environmental protection tasks.

5. Recruitment, utilization, and management of cadres, civil servants, and public officials engaged in environmental protection work and the signing and implementation of labor contracts for environmental protection must comply with laws on cadres and civil servants and other relevant laws.

Chapter II
SPECIALIZED ORGANIZATIONS AND DEPARTMENTS FOR ENVIRONMENTAL PROTECTION OF CENTRAL STATE AGENCIES

Article 3. Specialized organizations for environmental protection under the Ministry of Natural Resources and Environment, and other ministries and sectors at the central level

1. The organization of agencies and units assisting the Minister of Natural Resources and Environment in state management of environmental protection shall be carried out in accordance with the Government's regulations on the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment.

2. Establish Environmental Departments in the following Ministries: Industry, Agriculture and Rural Development, Health, Construction, Transport, Fisheries to assist the Ministers of these Ministries in providing advice, submitting draft legal documents, programs, plans, projects, and proposals on environmental protection within their assigned fields of management.

For other Ministries and equivalent bodies currently having Science and Technology Departments: rename the Science and Technology Department to the Science, Technology and Environment Department to provide advice, submit draft legal documents, programs, plans, projects, and proposals on science, technology, and environmental protection within their assigned fields of management.

Ministries and equivalent bodies may establish public service units to support environmental management work such as: Environmental monitoring centers in specific fields and specialized information centers tasked with processing and providing information on environmental management within their respective fields of management.

3. The Ministry of Public Security has an environmental crime investigation police force to investigate and handle violations of environmental protection laws according to the provisions of the law. The organization and operation of the environmental crime investigation police force shall be decided by the Minister of Public Security.

Article 4. Organizations and specialized departments for environmental protection under Bureaus and General Departments belonging to Ministries and equivalent bodies

1. Based on the requirements and volume of tasks related to environmental protection, establish specialized departments to provide advice and assist Bureau Directors and General Department Directors in environmental protection when the following conditions are met:

a) The specialized state management function of the Bureau or General Department directly relates to environmental protection work in natural resource exploitation and utilization activities or in production, service, and public life activities or in organizing forces to combat environmental crimes and law violations;

b) Within the organizational structure of the Bureau or General Department, there are many specialized and professional departments responsible for environmental protection work within the scope of the specialized state management function of the Bureau or General Department;

c) There is a Sub-bureau (or Bureau subordinate to the General Department) organized vertically and public service units subordinate to the Bureau or General Department located in multiple regions (three provinces or centrally-administered cities and above).

2. For Bureaus and General Departments with responsibilities related to environmental protection within their state management functions but not meeting the conditions specified in Clause 1 of this Article, they shall have specialized units or full-time or part-time dedicated staff serving as focal points for environmental protection assistance to Bureau Directors and General Department Directors.

3. Bureaus and General Departments specified in Clause 1 of this Article may have public service units to support environmental management work within their respective Bureaus and General Departments, including:

a) Environmental monitoring centers in specific fields;

b) Specialized information centers tasked with processing and providing information on environmental management within their respective fields.

Article 5. Tasks and Authorities of Specialized Environmental Protection Organizations of State Administrative Agencies at Central Level Chapter

Clause 1. Advise the Minister, Head of a Government Agency at the level of a Ministry or Department Director, General Department Director (hereinafter referred to collectively as the Head of the State Administrative Management Agency at the same level) on building, directing, and organizing the implementation of programs, plans, and environmental protection strategies within their functional scope or integrating environmental protection contents into sectoral, regional, or organizational activity strategies, programs, plans; participate in reviewing comprehensive investigation, assessment reports, and environmental protection strategies, plans, resource exploitation, rational utilization, and environmental protection within their management scope.

Clause 2. Advise the Head of the State Administrative Management Agency at the same level to propose to competent state agencies the issuance, announcement, application, and adjustment of environmental standards, environmental quality, and waste management standards suitable for the characteristics of activities within their administrative management scope and the environment's carrying capacity; propose effective measures for applying environmental standards in the assigned management field according to the provisions of the law.

Clause 3. Advise the Head of the State Administrative Management Agency at the same level on directing and organizing the implementation of tasks such as preparing and reviewing strategic environmental impact assessments, environmental impact assessments; managing and controlling waste, noise, vibration, light, radiation; preventing, responding to environmental incidents, remedying environmental pollution, restoring the environment; providing information and reporting on current environmental conditions and the development of resources to serve environmental protection work according to the provisions of the law.

Clause 4. Monitor and inspect the implementation of environmental protection laws by organizations and individuals under their management and those operating in sectors and fields within their management scope; identify and advise on handling or be authorized to handle violations of environmental protection laws; take the lead in resolving or participate in resolving complaints, accusations, disputes related to the environment and compensation for environmental damage according to their authority.

Clause 5. Promote legal education and international treaties related to environmental protection within their assigned functions and tasks.

Clause 6. Take the lead or participate in implementing international cooperation projects related to environmental protection in their sectors and fields.

Clause 7. Guide and organize the monitoring of impacts on the environment within their administrative management scope; compile and manage environmental data systems related to assigned tasks.

Clause 8. Organize scientific research, environmental forecasting, and warning; develop, apply, and transfer environmental protection technology; coordinate with agencies and units in implementing environmental protection services in the management field.

Clause 9. Coordinate with specialized environmental protection organizations of the Ministry of Natural Resources and Environment, provincial Departments of Natural Resources and Environment, district Environmental Resource Offices, and environmental protection funds in guiding and implementing the application of environmental protection service development in the activities of organizations and units under their management authority.

Clause 10. Propose awards and commendations for environmental protection to organizations and individuals under their management authority.

Chapter III
SPECIALIZED ENVIRONMENTAL PROTECTION ORGANIZATIONS OF STATE ADMINISTRATIVE AGENCIES AT LOCAL LEVEL

Article 6. Environmental protection specialized organizations under the People's Committee at the provincial level

1. The Department of Natural Resources and Environment assists the People's Committee at the provincial level in performing tasks and exercising state management powers over environmental protection within the province as stipulated in points b, c, d, đ, e, and g of Clause 1, Article 122 of the Environmental Protection Law.

2. Reorganize the Environmental Protection Office or the environmental protection department within the Department of Natural Resources and Environment to upgrade it into the Environmental Protection Agency (hereinafter referred to as the Agency) under the Department of Natural Resources and Environment.

a) The Agency has the function of advising the Director of the Department of Natural Resources and Environment to issue regulations within its authority or to submit to competent authorities for issuance and approval of legal documents, programs, plans, projects, and proposals on environmental protection at the provincial and centrally-run city levels, and organizing the implementation of legal documents, programs, plans, projects, and proposals on environmental protection approved or issued by central-level state agencies, the People's Committee at the provincial level, and the Director of the Department of Natural Resources and Environment.

b) The Agency has legal personality; it has a seal, office premises; and an account at the national treasury or bank. The administrative staff quota of the Agency includes the current administrative staff quota of the Environmental Protection Office or the environmental protection department within the Department of Natural Resources and Environment. The public service staff quota of the Agency is determined by the competent authority in accordance with the law. The operating funds of the Agency are guaranteed by the state budget in accordance with the law.

c) The Ministry of Natural Resources and Environment shall take the lead and coordinate with the Ministry of Home Affairs to specify the tasks, powers, administrative staff quotas, public service staff quotas, and organizational structure of the Environmental Protection Agency.

d) The reorganization of the Environmental Protection Office or the environmental protection department within the Department of Natural Resources and Environment to upgrade it into the Environmental Protection Agency under the Department of Natural Resources and Environment must be completed before July 31, 2007.

đ) Based on work requirements and the allocated public service environmental protection funds, the Director of the Department of Natural Resources and Environment shall submit to the People's Committee at the provincial level for a decision on assigning public service staff quotas to units serving state management over environmental protection within the Department.

Article 7. Environmental protection specialized organizations under the People's Committee at the district level

1. The Natural Resources and Environment Office assists the People's Committee at the district level in performing tasks and exercising state management powers over environmental protection within the district as stipulated in points b, c, d, đ, e, g, and h of Clause 2, Article 122 of the Environmental Protection Law.

2. The Head of the Natural Resources and Environment Office assigns cadres to lead the Office in charge of environmental protection tasks and arranges civil servants to assist in implementing state management tasks over environmental protection from the cadre and civil servant quota of the Natural Resources and Environment Office as follows:

a) For districts in the delta region; districts on islands with national parks or natural reserves; districts; cities directly under provinces; and towns with a population of 35,000 people or more, arrange two to three civil servants;

b) For midland and mountainous districts; other island districts; and towns with a population below 35,000 people, arrange one to two civil servants.

3. Based on environmental protection work requirements on the local area, the Chairman of the People's Committee at the district level may authorize the Head of the Natural Resources and Environment Office to sign labor contracts to implement support tasks for environmental protection work. The funds for implementing labor contracts are drawn from the allocated public service environmental protection funds for the district level.

Article 8. Civil servants at the commune level assist the People's Committee at the commune level in managing state affairs related to environmental protection.

1. The land administration and construction civil servant at the commune level shall be responsible for assisting the People's Committee at the commune level in performing tasks and exercising powers to manage state affairs related to environmental protection within the commune as stipulated in Clause 3, Article 122 of the Environmental Protection Law.

2. Based on work requirements and specific characteristics of environmental protection within the commune, the Chairman of the People's Committee at the commune level may enter into labor contracts to carry out support tasks for environmental protection activities performed by the land administration and construction civil servant. The funds for implementing these labor contracts shall be drawn from the commune's environmental protection service budget.

Chapter IV
ORGANIZATIONS AND DEPARTMENTS SPECIALIZED IN ENVIRONMENTAL PROTECTION AT THE MANAGEMENT BOARD OF THE ECONOMIC ZONE AND STATE ENTERPRISES

Article 9. Organizations and departments specialized in environmental protection at the Management Board of the economic zone

1. The Director of the Management Board of the economic zone shall allocate 02 to 03 staff members from the Planning, Construction, and Environment Department to perform environmental protection tasks for the Management Board of the economic zone.

Depending on the specific management conditions and work requirements, the Management Board of the economic zone may establish an Environmental Management Department when it has sufficient staffing of 04 or more personnel with expertise in environmental protection.

2. The Director of the Management Board shall specify the duties and powers of the specialized organization or the staff member responsible for environmental protection in the economic zone.

Article 10. Organizations, departments specialized, and staff members responsible for environmental protection at state enterprises

The Board of Directors (for enterprises with a Board of Directors) or the General Director, Director of state enterprises must assign leading and operating staff members to be responsible and accountable for organizing and implementing legal regulations on environmental protection; have a specialized department to advise and assist the General Director or Director in handling environmental issues related to the enterprise's production and business operations and those of its affiliated units (if any); establish a dedicated or semi-dedicated force to respond to environmental incidents and periodically inspect the operation of this force according to the provisions of the law.

Chapter V
IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 11. Implementation Organization

1. The Minister of Natural Resources and Environment is responsible for:

a) Take the lead and coordinate with the Minister of Home Affairs to provide guidance on the organization and operation of public service units serving state management or public services related to environmental protection; issue plans and contents of training programs to enhance legal knowledge and professional skills in environmental protection for staff members responsible for environmental protection;

b) Issue regulations on cooperation between specialized agencies and staff members responsible for environmental protection with state agencies, people's organizations, associations, non-governmental organizations, and media outlets in promoting and supervising the implementation of environmental laws; provide guidance on conditions and standards for using equipment and facilities to serve professional work in environmental protection.

2. The Ministry of Home Affairs shall submit to the Prime Minister for decision on supplementing staffing quotas and guiding ministries, sectors, provincial People's Committees to allocate staffing for staff members engaged in specialized work on environmental protection in accordance with the provisions of this Decree.

3. The Minister of Finance shall take the lead and coordinate with the Minister of Natural Resources and Environment to specifically define the operational funding for organizations, specialized departments, and staff members responsible for environmental protection and the funding for implementing labor contracts as stipulated in Clause 3, Article 7 and Clause 2, Article 8 of this Decree.

4. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairmen of People's Committees at all levels, Directors of industrial parks, export processing zones, high-tech zones, economic zones, and other management boards; General Directors, Directors of state-owned enterprises shall be responsible for assigning and specifying specific tasks based on this Decree and relevant environmental protection laws, and creating conditions for organizations and individuals to assist in directing, guiding, inspecting, and coordinating the implementation of environmental protection laws within their respective jurisdictions.

Article 12. Effectiveness and Responsibility for Implementation

1. This Decree shall take effect fifteen days after its publication in the Official Gazette.

2. The Minister of Natural Resources and Environment shall be responsible for taking the lead and coordinating with the Minister of Home Affairs and other relevant ministers and agency heads to guide and supervise the implementation of this Decree.

3. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairmen of provincial People's Committees, Directors of industrial parks, export processing zones, economic zones, high-tech zones, and other management boards; Boards of Directors, General Directors, and Directors of State-owned companies, corporations, and economic groups shall be responsible for implementing this Decree.