Decree No. 91/2002/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment.

DECREE

Decree No. 91/2002/NĐ-CP dated November 11, 2002 of the Government on the functions,

duties, powers, and organizational structure of the Ministry of Natural Resources and Environment

_________________

THE GOVERNMENT

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

The Ministry of Education and Training is an agency of the Government responsible for managing state affairs in education including: preschool education, general education, vocational secondary education, higher education, postgraduate education, and non-formal education; managing state services within the sectors under the Ministry's jurisdiction; representing the State's ownership interest in enterprises with state capital within the Ministry's management scope in accordance with the law.

Pursuant to Resolution No. 11/2002/NQ-CP of the Government's regular meeting in September 2002 dated October 4, 2002;

Considering the proposal of the Head of the Cadre and Civil Service Department,

At the proposal of the Minister of Natural Resources and Environment and the Minister of Home Affairs,

DECREE:

Article 1. Position and Functions

The Ministry of Natural Resources and Environment is an agency of the Government implementing the function of state management over land resources, water resources, mineral resources, environment, meteorology and hydrology, surveying and mapping throughout the country; managing state services and representing the state's ownership interest in enterprises with state capital in the fields of land resources, water resources, mineral resources, environment, meteorology and hydrology, surveying and mapping according to the provisions of the law.

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 shall be responsible for performing the tasks and powers prescribed in Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government on the functions, duties, powers, and organizational structure of ministries and ministerial-level agencies and the following specific tasks and powers:

1. Submit draft laws, ordinances, and other regulatory legal documents on land resources, water resources, mineral resources, environment, meteorology and hydrology, surveying and mapping to the Government;

2. Submit to the Government strategies, plans for development, long-term, five-year, and annual plans in the fields of land resources, water resources, mineral resources, environment, meteorology and hydrology, surveying and mapping, and important projects of the sector;

3. Issue regulatory legal documents and standards, procedures, regulations, economic and technical norms within its jurisdiction in the fields of land resources, water resources, mineral resources, environment, meteorology and hydrology, surveying and mapping;

4. Organize and direct the implementation of regulatory legal documents and strategies, plans after approval, and standards, procedures, regulations, economic and technical norms of the sector; promote, disseminate, educate the law and provide information on land resources, water resources, mineral resources, environment, meteorology and hydrology, surveying and mapping;

5. On land resources:

a) Develop and submit to the Government for the Government to consider and submit to the National Assembly for decision on the planning and utilization plan for land nationwide;

b) Review the planning and utilization plan for land of provinces and centrally-administered cities and the planning and utilization plan for land for national defense and security purposes of the Ministry of Defense and the Ministry of Public Security for submission to the Government for approval;

c) Submit to the Government for decision on the allocation, recovery of land in cases within the Government's jurisdiction;

d) Direct the implementation of land investigation, survey, measurement, evaluation, classification, and creation of cadastral maps; guide and consolidate statistical data on land survey, establish and manage cadastral files;

đ) Uniformly manage the allocation, leasing, recovery, transfer of land use rights, change of land use purpose, registration, and issuance of land use right certificates;

e) Guide provincial and centrally-administered city people's committees in issuing land use right certificates according to the law;

f) Inspect provincial and centrally-administered city people's committees in land valuation according to the framework price and principles, methods for determining land prices prescribed by the Government;

6. On water resources:

a) Submit to the Government for the division of basic investigation and the authority to issue and revoke water resource permits; direct and inspect the implementation after approval;

b) Consolidate data, manage the results of basic investigations, inventory, assessment of water resources, and build a database on water resources;

c) Prescribe and direct the inspection of the implementation of measures to protect water resources;

d) Serve as the permanent member of the National Council on Water Resources;

7. On mineral resources:

a) Submit to the Government for the division of basic geological investigation on mineral resources; create geological maps throughout the country; prescribe and announce areas prohibited or temporarily prohibited from mineral activities, restricted areas, and areas for bidding on mineral activities; direct and inspect the implementation after approval;

b) Submit to the Government for the authority to issue, extend, revoke mineral activity permits and procedures for issuing, extending, revoking, returning mineral activity permits, transferring, inheriting mineral activity rights, registering mineral activities;

c) Identify areas with unexploited mineral resources; delineate areas with hazardous minerals; review and approve according to authority project reports and surveys on basic geological investigation on mineral resources, exploration in mineral activities;

d) Prescribe and direct, inspect the implementation of measures to protect mineral resources;

đ) Consolidate data, manage the results of basic geological investigations on mineral resources, exploration, and appraisal of mineral quality, reserves; organize storage, management of documents, specimens, and state confidentiality on geological data and mineral resource information;

e) Serve as the permanent member of the State Mineral Reserve Evaluation Council;

8. On the environment:

a) Direct and inspect the implementation of environmental protection regulations, measures, programs, and projects on prevention, control, remediation of environmental degradation, pollution, and environmental incidents according to the Government's assignment;

b) Uniformly manage the national environmental monitoring system; consolidate and process environmental monitoring data and periodically assess the current environmental status, forecast environmental trends;

c) Review environmental impact assessment reports of projects and production and business establishments; prescribe environmental standards and uniformly manage the issuance and revocation of environmental standard compliance certificates according to the law;

d) Mobilize financial support, accept state investment funds to support environmental protection programs, projects, activities, and tasks and manage the use of the Vietnam Environmental Protection Fund.

9. On meteorology and hydrology:

a) Direct and organize the implementation of basic meteorological and hydrological surveys; collect, evaluate meteorological and hydrological factors and materials; process, provide information, data, and meteorological and hydrological forecasts;

b) Review technical standards for meteorology and hydrology for construction projects, renovations, expansions, and upgrades of meteorological and hydrological works; organize registration, issuance, and revocation of permits for the operation of meteorological and hydrological works in accordance with the law;

10. On surveying and mapping:

a) Uniformly manage surveying and mapping activities; manage basic surveying and mapping work, maps of national borders and administrative boundaries; manage place name systems on maps, national reference systems, original surveying data systems, national basic surveying point systems, basic aerial photography systems, and specialized aerial photography systems; issue and revoke permits for surveying and mapping activities in accordance with the law;

b) Establish, calibrate, publish, and distribute basic topographic maps, base maps, administrative maps; manage the provision of information, data, and state secrecy regarding the surveying and mapping information system and data;

11. Review and inspect the implementation of investment projects in the fields of land resources, water resources, mineral resources, environment, meteorology and hydrology, surveying and mapping in accordance with the law;

12. Implement international cooperation in the fields of land resources, water resources, mineral resources, environment, meteorology and hydrology, surveying and mapping in accordance with the law;

13. Organize and direct the implementation of research plans, application of scientific and technological progress in the fields of land resources, water resources, mineral resources, environment, meteorology and hydrology, surveying and mapping;

14. Decide specific policies and measures and direct the implementation of operational mechanisms for service organizations in the fields of land resources, water resources, mineral resources, environment, meteorology and hydrology, surveying and mapping in accordance with the law; manage and direct the activities of affiliated organizations under the Ministry;

15. Perform specific tasks and powers related to representing the State's ownership interest in enterprises with State capital in the fields of land resources, water resources, mineral resources, environment, meteorology and hydrology, surveying and mapping managed by the Ministry in accordance with the law;

16. Manage State affairs concerning the activities of associations and non-governmental organizations in the fields of land resources, water resources, mineral resources, environment, meteorology and hydrology, surveying and mapping in accordance with the law;

17. Inspect, investigate, resolve complaints and denunciations, combat corruption and negative practices, and handle violations of laws in the fields of land resources, water resources, mineral resources, environment, meteorology and hydrology, surveying and mapping within the Ministry's jurisdiction;

18. Decide and direct the implementation of the Ministry's administrative reform program according to the goals and content of the State administrative reform program approved by the Prime Minister;

19. Manage organizational structure and staffing; direct the implementation of salary systems and incentive, reward, and disciplinary policies for civil servants and employees under the Ministry's management; train and enhance professional skills for civil servants and employees in the fields of land resources, water resources, mineral resources, environment, meteorology and hydrology, surveying and mapping;

20. Financial management of assets assigned and organizing the implementation of allocated budgets in accordance with the provisions of law.

Article 3. Organizational Structure of the Ministry

a) Organizations assisting the Minister in performing state management functions:

1. Department of Land;

2. Department of Land Registration and Statistics;

3. Department of Environment;

4. Department of Environmental Impact Assessment and Review;

5. Department of Meteorology and Hydrology;

6. Department of Science and Technology;

7. Department of Planning and Finance;

8. THE INTERNATIONAL COOPERATION DEPARTMENT;

9. Legal Affairs Department;

10. Department of Cadre and Civil Service Management;

11. Directorate of Water Resources Management;

12. Vietnam Geological and Mineral Resources Institute;

13. Environmental Protection Directorate;

14. Directorate of Surveying and Mapping;

15. Inspectorate;

16. Office.

b) Affiliated organizations under the Ministry:

1. National Center for Meteorology and Hydrology;

2. Land Survey and Planning Research Center;

3. Remote Sensing Center;

4. Information Center;

5. Natural Resources and Environment Magazine;

6. Natural Resources and Environment Newspaper;

The Minister of Natural Resources and Environment shall take the lead and coordinate with the Minister of Home Affairs to develop a plan for restructuring the institutes: Vietnam Institute of Geology and Mineral Resources, Institute of Land Administration Science, Institute of Meteorology and Hydrology Science, and the existing schools under the General Department of Land Administration and the General Department of Meteorology and Hydrology, and submit it to the Prime Minister for decision;

Article 4. Effective date

This Decree takes effect from the date of signature.

Repeal Decree No. 34/CP dated April 23, 1994 of the Government on the functions, tasks, powers, and organizational structure of the General Department of Land Administration and Decree No. 62/CP dated July 11, 1994 of the Government on the tasks, powers, and organizational structure of the General Department of Meteorology and Hydrology, and previous regulations that conflict with this Decree;

Article 5. Responsibilities for Implementation

The Minister of Natural Resources and Environment, Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairpersons of provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.