Nghị định 21/2013/NĐ-CP quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Tài nguyên và Môi trường

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 21/2013/ND-CP	Hanoi, March 4, 2013

 

DECREE

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

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

Pursuant to the Government’s Decree No. 36/2012/ND-CP dated April 18, 2012, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

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

The Government issues the Decree defining 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 a governmental agency performing the state management of land; water resources; minerals and geology; environment; hydrometeorology; climate change; survey and cartography; integrated and unified management of sea areas and islands; and public services in the sectors and areas under its management.

Article 2. Tasks and power

The Ministry of Natural Resources and Environment performs the tasks and powers specified in the Government’s Decree No. 36/2012/ND- CP dated April 18, 2012, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and the following specific tasks and powers:

1. Submitting to the Government draft laws and draft resolutions to be issued by the National Assembly, draft ordinances and draft resolutions to be issued by the National Assembly Standing Committee, draft resolutions and draft decrees to be issued by the Government, and draft decisions to be issued by the Prime Minister according to its approved annual law-making programs and plans, and draft projects and schemes as assigned by the Government or the Prime Minister.

2. Submitting to the Government or Prime Minister for approval, and organizing the implementation of strategy, master plan and long-term, five-year and annual development plans and national important programs, projects and works in the sector of natural resources and environment.

3. Approving the development strategies, master plans and programs in the sectors and areas under its state management and investment projects as decentralized or authorized by the Government or the Prime Minister; inspecting and guiding the implementation of these strategies, master plans, programs and projects after they are approved.

4. Issuing decisions, directives, circulars and other documents on the state management in the sectors and areas under its management; directing, guiding, examining and organizing the implementation of legal normative documents in the sectors and areas under its management; conducting the public information and education about the law on natural resources and environment; formulating national standards and issuing national technical regulations and technical and economic norms in the sectors and areas under its state management.

5. Regarding land:

a/ Guiding and examining the implementation of strategies, master plans, plans, programs, schemes and projects on land management and use after they are decided or approved by the competent authorities;

b/ Elaborating national and regional land use master plans and plans; appraising land use master plans and plans elaborated by provincial- level People’s Committees; appraising master plans and plans on land use for national defense or security purposes; giving written opinions on land use-related contents of sectoral master plans involving the use of land;

c/ Assuming the prime responsibility for, and coordinating with the related ministries and sectors in formulating and submitting to the Government for promulgation and adjustment of price brackets for land of different categories and principles and methods of determining land prices; appraising and giving written opinions on land, compensation and site clearance-related issues of investment projects to be approved by the National Assembly or the Prime Minister and projects in conditional investment areas; guiding and examining the formulation of land price tables and the determination of specific land prices; making land price maps; summarizing and providing data and information on price brackets of different categories of land, land price tables and specific land prices;

d/ Guiding and examining the survey and making of cadastral maps, land use cartograms and land use planning maps, the elaboration and modification of land use master plans and plans, land allocation, lease and recovery, and change of land use purposes; registration of land use rights and house and land-attached asset ownership; compilation and management of cadastral dossiers and building of cadastral data; grant of certificates of land use rights and house and land-attached asset ownership; and land users’ exercise of rights and performance of obligations in accordance with law;

dd/ Guiding, examining and conducting land statistics, inventory and assessment according to its competence;

e/ Guiding and examining the compliance with conditions and procedures for providing public services in land management and use and issuance of practice certificates in the land sector in accordance with law;

g/ Guiding, examining and organizing the implementation of the law on compensation, support and resettlement upon land recovery by the State; guiding and examining the identification of land users eligible or ineligible for compensation and support;

h/ Guiding and inspecting land recovery, development of the land fund and bidding for land-use projects;

i/ Distributing and managing the use of blank certificates of land use rights and house and land-attached asset ownership;

k/ Surveying and assessing land use potential and efficiency to serve the state management of land and socio-economic development requirements;

l/ Building a national information system to archive land-related data;

m/ Directing, guiding and examining the settlement of land-related complaints and disputes in accordance with law.

6. Regarding water resources:

a/ Guiding and examining the implementation of policies, laws, strategies and master plans on water resources in accordance with law; organizing the implementation of plans, programs, schemes and projects on prevention and control of water source pollution, deterioration and depletion, restoration of deteriorated or depleted water resources and response to and remedy of water source pollution incidents so as to economically and effectively exploit and use water sources of river basins under its management for integrated and multiple purposes after getting the decision and approval of the competent authorities;

b/ Elaborating master plans on basic survey of water resources and national water resource master plans; elaborating and approving water resource master plans for inter-provincial river basins and inter-provincial water sources and organizing the implementation after such master plans are approved; giving written opinions on water resource master plans of provinces and centrally-affiliated cities, specialized master plans involving the exploitation and use of water resources and activities involved in the exploitation, use and protection of water resources according to its competence; appraising projects on water transfer between river basins;

c/ Elaborating plans on prevention and control of water source pollution, deterioration and depletion and restoration of inter-provincial water sources already polluted, deteriorated or depleted; giving written opinions on plans on prevention and control of water source pollution, deterioration and depletion and restoration of intra-provincial water sources polluted, deteriorated or depleted, which are elaborated by provincial-level People’s Committees; guiding and examining the implementation of plans on prevention and control of water source pollution, deterioration and depletion in construction, production, business and service provision activities and plans in response to water source pollution incidents in accordance with law;

d/ Deciding on the classification of inter­-provincial and transnational water sources; making and issuing a list of inter-provincial river basins; making and issuing a list of intra-provincial river basins and lists of inter-­provincial and transnational water sources; developing water conservation models; disseminating and propagating the water-saving models, technologies and equipment;

dd/ Guiding, examining and organizing according to its competence the formation and management of water source protection corridors, excluding dike protection corridors and protection limits of irrigation works according to the law on dikes and operation and protection of irrigation works; determination and announcement of minimum flows of rivers, exploitation limits of aquifers, water reserve areas and areas where groundwater exploitation is restricted in accordance with law;

e/ Elaborating inter-reservoir operation processes for river-basin reservoirs on the list of reservoirs, for which inter-reservoir operation processes must be elaborated, and guiding, examining and inspecting the implementation of such processes after they are issued; appraising the conformity with water resource master plans and the satisfaction of requirements for protection, exploitation and integrated and multi-purpose use of water resources as prescribed by law for projects to build reservoirs on river-basins; guiding and examining the implementation of plans on the regulation and distribution of water resources on river basins nationwide;

g/ Conducting basic surveys of water resources; to summarize results of basic survey of water resources and the water resource exploitation, use and protection conducted by ministries, sectors and localities; to conduct water resource inventory, assessment and forecasts; to build and manage a system for observation and surveillance of water resources, water exploitation and use and discharge of wastewater into water sources with regard to inter-provincial river basins and inter-provincial and transnational water sources; to build, manage and exploit the national information system and database on water resources; to archive, manage, publicize and provide information and data on water resources, exploitation and use of water resources and the current conditions of water sources on river basins in accordance with law;

h/ Guiding, examining and organize the issue, extension, modification, invalidation and revocation of water resource licenses in accordance with law;

i/ Acting as the national focal agency for exchange of information relating to transnational water sources and participation in international organizations of and forums on river basins; participating in negotiating and implementing conventions, treaties and international agreements on water resources; implementing programs, plans, schemes, projects and tasks on international cooperation in water resources in accordance with international commitments and treaties and law; guiding and examining the implementation of conventions, treaties and international agreements on water resources to which the

Socialist Republic of Vietnam is a contracting party;

k/ Settling disputes and divergences in the exploitation and use of water resources and discharge of wastewater into water sources falling under its licensing competence and other water resource-related disputes between provinces and centrally-affiliated cities; monitoring, supervising and summarizing developments of transnational water sources and promptly reporting to and propose the Government or the Prime Minister to handle arising issues so as to ensure Vietnam’s rights and interests.

7. Regarding geology and minerals:

a/ Guiding and examining the implementation of geological and mineral strategies, master plans, plans, programs, schemes and projects after they are issued or approved by competent authorities;

b/ Elaborating and implementing mineral strategies; master plans on basic geological surveys of minerals nationwide; giving opinions on ministerial, sectoral and local master plans on mineral exploration, mining, processing and use;

c/ Zoning off and publicize areas with small reserves of scattered and distributed minerals and areas with hazardous minerals; zoning off and submitting to competent authorities for approving the national mineral reserve areas and areas not subject to mining rights auction; summarizing and examining the zoning of areas not subject to mining rights auction and areas banned or temporarily banned from mineral activities by localities;

d/ Deciding to mine or not mining minerals in areas with national important projects or works for which the investment policy is to be decided by the National Assembly or important projects and works which are decided by the Government or the Prime Minister, for which mineral survey and assessment have been conducted or mineral survey and assessment have not yet been conducted but minerals have been discovered;

dd/ Studying and conducting basic geological surveys of minerals; prescribing the formulation and appraisal of projects and reports on basic geological survey of minerals and mineral exploration and mining reports; formulating and guiding the formulation of projects on geological heritages, geological conservation, geological park networks and geological hazards;

e/ Appraising schemes on basic geological survey of minerals and schemes on mineral exploration in accordance with law;

g / Registering geological surveys of minerals; summarizing results of geological surveys of minerals and mineral activities; making statistics and inventory of mineral deposits; building the national geological and mineral database; publicizing and publishing documents and information on basic geological surveys of minerals; and managing geological and mineral information and samples;

h/ Organizing auctions for mining rights in accordance with its competence; determining money amounts for issuance of mining rights under its licensing competence;

i/ Issuing, extending, revoking and approving the return of mineral exploration licenses and mining licenses; permitting the transfer of mineral exploration or mining rights; approving the partial return of mineral exploration and mining areas; approving mine closure schemes and decisions in accordance with law; issuing, revoking and invalidating certificates of free sale of imported and exported mineral products and goods in accordance with law;

k/ Examining the observance of mineral exploration licenses and mining licenses it has granted; controlling mineral activities and basic geological surveys of minerals nationwide; monitoring and examining the observance of sustainable development policies in basic geological surveys of minerals and mineral activities and policies on protection of interests of localities and people in areas where mining activities are carried out.

8. Regarding the environment:

a/ Guiding, examining and organizing the implementation of policies, laws, inter­sectoral, inter-provincial, inter-regional and national strategies, master plans, plans, programs, schemes, projects and tasks on environmental pollution prevention and control; remedy of environmental incidents and environmental deterioration, improvement of the environmental quality, environmental protection in inter-provincial river basins, biodiversity, environmental health, development of environmental technologies, environmental protection services and environmental services related to biodiversity and cross-border environmental problems in accordance with law;

b/ Assuming the prime responsibility for, or coordinating with ministries and sectors in, managing wastes in accordance with law;

c/ Formulating and submitting to competent agencies for issuance of national environment and biodiversity indicators and the system of environmental statistical indicators in accordance with law;

d/ Guiding and examining strategic environmental assessment; environmental impact assessment, environmental protection commitment, environmental protection schemes and activities carried out after environmental impact assessment reports are appraised; appraising strategic environmental assessment reports, appraising and approving environmental impact assessment reports and environmental protection schemes and certifying the implementation of environmental protection facilities or measures to serve the projects’ operation as stated in approved environmental impact assessment reports and environmental protection schemes in accordance with law;

dd/ Guiding the survey and identification of polluted areas, determination of environmental damage, identification of responsibilities to pay compensation for environmental damage, remedy of environmental pollution and environmental improvement; directing, guiding and examining the survey and identification of polluted areas, determination of environmental damage and identification of the responsibility to pay compensation for environmental damage, remedy of environmental pollution and environmental improvement in polluted areas involving many provinces or countries;

e/ Guiding and organizing according to its competence the making, modification and supplementation of the list of seriously polluting establishments which must be thoroughly handled and the identification of seriously polluting establishments which have been thoroughly handled; examining the handling of seriously polluting establishments, provision of targeted supports from the state budget for thorough handling of seriously polluting establishments in public areas in accordance with law;

g/ Elaborating the national master plan on biodiversity conservation and guiding and examining the implementation of such master plan after it is approved; guiding the elaboration and appraising the conformity of ministerial biodiversity conservation master plans with the national biodiversity conservation master plan;

h/ Organizing inter-sectoral councils for appraising projects on establishment of national conservation zones embracing two or more provinces or centrally run cities; assuming the prime responsibility for, and coordinating with related provincial-level People’s Committees in formulating projects on establishment and management of national conservation zones as assigned by the Government;

i/ Guiding and examining the management of invasive alien species and biodiversity conservation at biodiversity conservation establishments and conservation of species on the list of rare, precious endangered species prioritized for protection, excluding plant varieties and animal breeds;

k/ Guiding and examining the permanent preservation of genetic resources and samples of species prioritized for protection; guiding the management and supervision of activities of approaching to genetic resources and traditional knowledge about genetic resources and sharing of benefits brought about by the approach of genetic resources managed by the State and traditional knowledge about genetic resources; building and uniformly managing the national database on genetic resources, genetically modified organisms and genetic samples of genetically modified organisms concerning biodiversity; making a list of genetically modified organisms for which bio-safety certificates have been granted;

l/ Elaborating and submitting to competent authorities for issuance or issuing according to its competence the lists of, and programs on conservation of, rare, precious endangered species prioritized for protection, excluding plant varieties and animal breeds list of invasive alien species; list of biological preparation used for pollution prevention and mitigation and waste treatment; list of polluting biological preparation banned from import; list of scraps permitted for import; and lists of environmental technologies promoted, restricted or banned from transfer; organizing the compilation of Vietnam’s Red Book;

m/ Building and managing the national environmental observation system; guiding, examining and organizing the implementation of the master plan on the national environmental observation system, the national environmental observation program, environment and biodiversity observation, arbitration analysis and testing and calibration of environmental observation equipment; directing the elaboration of and uniformly managing environmental observation data and environment and biodiversity database; assuming the prime responsibility for elaborating and publicizing national environment and biodiversity reports; and guiding ministries, sectors and localities in making report on environment and biodiversity;

n/ Guiding and organizing the appraisal, examination and assessment of environmental pollution treatment works, equipment and technologies; guiding and examining environmental verification in accordance with law; researching and applying scientific and technological advances in environmental protection and developing environmental technologies; formulating and implementing trial programs and models on sustainable and environment-friendly production and consumption;

o/ Guiding and conducting the registration, recognition, issuance and revocation of licenses and certificates in the field of environment and biodiversity in accordance with law;

p/ Summarizing and balancing the annual environmental non-business funds of ministries, sectors and localities and coordinating with the Ministry of Finance in submitting these estimates to competent authorities for consideration and decision; coordinating with the Ministry of Finance in guiding and examining the planning and allocation of environmental non-business funds after fund estimates are approved;

q/ Guiding the payment for environmental services related to biodiversity, payment of compensations for environmental rehabilitation and payment of deposits for environmental improvement and rehabilitation in accordance with law; managing the Vietnam Environmental Protection Fund; guiding the organization and operation of sectoral and local environmental protection funds; acting as the national focal agency of the Global Environment Facility;

r/ Acting as the national focal point in implementing environment and biodiversity treaties as assigned by the Government; assuming the prime responsibility for elaborating nomination dossiers for recognition of wetlands of international importance under the Ramsar Convention and nomination dossiers for recognition of ASEAN heritages;

s/ Assuming the prime responsibility for, and coordinating with ministries, sectors and localities in organizing the research into and remedy of consequences of chemical toxins used by the USA during the Vietnam war.

9. Regarding hydrometeorology:

a/ Directing and examining the implementation of hydrometeorological strategies, master plans, plans, programs, schemes and projects after they are approved by competent state agencies;

b/ Building, managing and using the national network of hydrometeorological observation, lightning observation and positioning and climate change surveillance; and managing hydrometeorological surveys and investigations;

c/ Guiding, inspecting and conducting the establishment, upgrading, degrading, relocation or dismantlement of hydrometeorological works in accordance with law;

d/ Guiding and examining the protection of technical safety corridors of hydrometeorological works nationwide;

dd/ Uniformly managing and conduct hydrometeorological forecast and warning and climate forecast; releasing official news of climate trends, weather developments, tropical low pressures, typhoons, floods, inundation, floodtides and other dangerous hydrometeorological phenomena;

e/ Elaborating, guiding and examining the implementation of regulations on forecasting and warning about earthquakes, tsunamis, typhoons, tropical low pressures, floods, inundation, floodtides and other dangerous hydrometeorological phenomena;

g/ Building, managing and exploiting the national system for natural disaster warning; guiding the provision and use of bulletins on typhoons, tropical low pressures, floods, inundation, earthquakes, tsunamis, floodtides and other dangerous hydrometeorological phenomena;

h/ Building and managing the basic and special­ise systems of hydrometeorological information and database systems managed by the State; providing hydrometeorological information and data; appraising hydrometeorological contents of master plans on and designs of national key construction works and projects and other construction works and projects in accordance with law;

i/ Issuing, extending and revoking operation licenses of special-use hydrometeorological works and licenses for hydrometeorological forecast and warning in accordance with law; appraising technical standards of measurement works and equipment used in special-use hydrometeorological facilities and lightning observation and positioning facilities built by ministries, sectors and localities with state budget funds;

k/ Acting as the national focal point in participating in international hydrometeoro­logical organizations and forums and implementing hydrometeorological treaties as assigned by the Government.

10. Regarding survey and cartography:

a/ Elaborating, guiding and organizing the implementation of, strategies on development of the survey and mapping sector and master plans, plans, schemes and national key projects on basic and specialized survey and mapping after they are approved by competent authorities;

b/ Building, updating, managing and using the geological spatial data infrastructure, the national reference system, the national baseline data system, the national system of base measuring points, the national system of satellite positioning stations, the aerial imaging system, the national systems of topographic maps and the national geographic information database; and promulgating the list of place names to be displayed on maps;

c/ Publicizing and providing survey and mapping information and data in accordance with law;

d/ Guiding, examining and conducting the inspection and testing of survey and mapping equipment according to national standards;

dd/ Giving opinions on contents related to survey and mapping of state budget- funded programs, schemes, projects and tasks, excluding defense and security projects, which are implemented by ministries, sectors and provincial-level People’s Committees;

e/ Issuing, extending and revoking licenses for survey and mapping operations; examining the publishing and distribution of maps; suspending the publishing and directing the recall of maps with illegal contents; issuing, revoking and invalidating certificates of free sale of imported and exported survey and mapping goods and products;

g/ Making, editing, publishing and distributing map products as prescribed by law;

h/ Conducting survey, drawing and updating maps and dossiers of administrative boundaries to serve the demarcation, adjustment and management of administrative boundaries in accordance with law; appraising the presentation of administrative boundaries on maps of different kinds;

i/ Conducting survey and drawing maps and dossiers to serve the negotiation, planning, demarcation and management of national borderlines, sea areas, the exclusive economic zones and continental shelf of Vietnam; building the national border database; appraising the presentation of national borderlines on maps of different kinds; printing and distributing maps and documents related to national land borderlines, sea areas, islands, exclusive economic zone and continental shelf of Vietnam;

k/ Coordinating with the Ministry of Science and Technology and the Ministry of Foreign Affairs in proposing to the Government the conclusion and implementation of agreements on mutual recognition of conformity assessment results with regard to survey and mapping.

11. Regarding integrated and unified management of sea areas and islands:

a/ Elaborate Vietnam’s marine strategy and policies and laws on integrated and unified management of sea areas and islands and organize implementation after they are approved by competent state management agencies;

b/ Elaborating and submitting to competent state agencies for approval or adjustment, and guiding the implementation of, master plans and zoning plans of sea areas, coastal areas and islands;

c/ Assuming the prime responsibility for, and coordinating with ministries, sectors and People’s Committees of coastal provinces and centrally-affiliated cities in elaborating, submitting to competent authorities for approval and implementing programs, plans, schemes, projects and tasks on integrated management of sea areas, coastal areas and islands which involve several ministries, sectors and coastal localities;

d/ Elaborating and issuing directives and targets on integrated management of sea areas, coastal areas and islands in accordance with law;

dd/ Participating in the appraisal of master plans and schemes on the establishment of sea conservation zones; participating in the appraisal of projects and works involving the exploitation and use of marine and island natural resources to be approved by the Government or the Prime Minister; giving opinions on ministerial, sectoral and local schemes and projects involving the use of land areas reclaimed from the sea in accordance with law;

e/ Assuming the prime responsibility for, or coordinating to settle or propose competent authorities to settle the issues on inter-sectoral and inter-provincial management and use of marine and island natural resources;

g/ Uniformly managing basic surveys of sea areas and island nationwide; appraising ministerial, sectoral and local programs, plans, schemes and projects on basic surveys of sea areas and islands in accordance with law; assuming the prime responsibility for elaborating and implementing key programs and projects on basic surveys of marine natural resources and environment as assigned by the Government;

h/ Participating in the appraisal and monitoring, examining and summarizing the implementation of ministerial, sectoral and local programs and projects on sea and ocean scientific research in accordance with law; licensing scientific research activities conducted or jointly conducted by foreign parties in sea areas and islands under Vietnam’s sovereignty after reaching agreement with the Ministry of National Defense and the Ministry of Foreign Affairs;

i/ Participating in the formulation of strategies, policies and schemes on national defense, security and foreign affairs activities in association with socio-economic development which are related to Vietnam’s sovereignty and sovereignty and jurisdiction rights on the sea as well as ministerial, sectoral and local mechanisms and policies on management of sectors and trades involving the exploitation and use of marine natural resources;

k/ Summarizing and evaluating Vietnam’s sea-related socio-economic potential; making statistics of, classifying and assessing the potential of sea areas, islands, archipelagoes and shoals under Vietnam’s sovereignty; analyzing, evaluating and forecasting domestic and international developments and moves concerning the management, exploitation and use of natural resources, scientific research and international cooperation on Vietnam’s sea areas and islands; assuming the prime responsibility for building and managing the national sea and island database;

l/ Elaborating master plans and plans on the building, use and management of the national system for observation of marine natural resources and environment, specializing works and equipment for sea and ocean research and survey and warning and remedy of consequences of natural disasters and environmental incidents in the sea under its management in accordance with law;

m/ Assuming the prime responsibility for, and coordinating with related ministries, sectors and localities in inspecting and supervising the exploitation and use of natural resources and environmental protection in seas areas, coastal areas and islands;

n/ Acting as the focal point in summarizing and coordinating international cooperation on sea issues;

o/ Guide and conducting public information about the management, protection and sustainable development of Vietnam’s sea areas and islands.

12. Regarding climate change:

a/ Elaborating and implementing national key programs, schemes and projects on response to climate change under its competence;

b/ Proposing and institutionalizing international mechanisms, policies and initiatives concerning climate change impacts on socio-economic development and national defense and security, ensuring conformity with national conditions and interests; proposing the adjustment, modification and supplementation of Vietnam’s climate change-related mechanisms, policies and technological standards so as to suit the reality in the world;

c/ Supervising and assessing climate change and its impacts on natural conditions, humans and socio-economic development; to coordinate with ministries, sectors and localities in proposing appropriate adaptation measures for submission to competent authorities for approval and implementation;

d/ Building and operating the system for measurement, reporting and verification (MRV) of greenhouse gas emission mitigation activities in the country and abroad; conducting national greenhouse gas inventory; proposing Vietnam’s policies and measures for mitigating greenhouse gas emissions in line with the socio­economic development in each period (nationally appropriate mitigation action - NAMA);

Guiding, examining and organizing the implementation of measures to manage carbon credit trading activities in accordance with law and treaties to which Vietnam has acceded, to issue certificates to investment projects implemented by businesses of different economic sectors under the clean development mechanism or other international mechanisms on greenhouse gas mitigation;

dd/ Building, updating, publicizing and uniformly managing the national database on climate change, climate change scenarios and sea level rise; taking approaches and using information on climate change;

e/ Negotiating, acceding to and implementing treaties and joining international organizations on climate change; mobilizing international resources and coordinating and implementing schemes, projects and tasks on international cooperation on climate change within its competence;

g/ Giving opinions on ministerial, sectoral and local programs, schemes, projects and tasks related to climate change; making and appraising the list of priority projects under Vietnam’s Support Program to Respond to Climate Change (SP-RCC); elaborating and submitting to competent authorities for promulgation criteria for assessing SPRCC priority projects in conformity with framework policies committed to donors and reality;

h/ Acting as the national focal agency in implementing the United Nations Framework Convention on Climate Change, the Kyoto Protocol and other treaties concerning climate change; the Vienna Convention for the protection of the ozone layer, the Montreal Protocol on Substances and other international treaties relating to the Protection of the Ozone Layer and other treaties related to the protection of the ozone layer; implementing, inspecting, guiding and certifying the registration of import, export, temporary import for re-export and use of ozone layer-depleting substances under the Montreal Protocol;

i/ Assisting the National Climate Change Committee in urging the implementation of the national strategy and action plan on climate change, the national target program in response to climate change, the support program in response to climate change and other ministerial, sectoral and local strategies, programs, schemes, projects and tasks related to climate change.

13. Regarding remote sensing:

a/ Elaborating strategies, master plans, plans, schemes and national key projects on remote sensing infrastructure construction and application and guide and organize their implementation after they are approved;

b/ Guiding and organizing according to its competence the application of remote sensing in observation and surveillance of natural resources, environment and natural disasters and in other sectors to serve state management, socio-economic development and security and national defense; the preservation, exploitation and use of national remote sensing data;

c/ Build and operating satellite image receiving Stations and satellite image processing Centers to serve civic sectors under the approved mechanism on coordinated exploitation of common remote sensing technology institutions of ministries and sectors;

d/ Summarizing the needs to receive remote sensing data of ministries, sectors and localities and elaborate plans on receiving and processing remote sensing data under annual and five-year plans for implementation;

dd/ Building, updating, managing and operating the national remote sensing database and national remote sensing super-data; publicizing and providing remote sensing data for agencies, organizations and individuals in accordance with law;

e/ Giving opinions on state budget-funded programs, schemes and projects involving the purchase of foreign remote sensing data by ministries, sectors and provincial-level People’s Committees.

14. Conducting the statistics, inventory and archive of materials and data on the fields under its management in accordance with law.

15. Direct and organizing scientific and technological research and application in the fields under its management; organizing the editing and publishing of publications on natural resources and environment in accordance with law.

16. Undertaking international cooperation in the fields under its state management in accordance with law; organizing the negotiation and conclusion of treaties under authorization of competent state agencies; signing international agreements in its own capacity; and joining international organizations as assigned by the Government.

17. Organizing and directing the application of information technology in the fields under its state management; building and developing the national database on natural resources and environment.

18. To organize and direct the implementation of its administrative reform program in line with the objectives and contents of the state administrative reform program after it is approved by the Prime Minister.

19. Directing the formulation of, submit to competent authorities for decision, and guiding the implementation of, master plans on development of the network of non­-business and public-service organizations, and mechanisms and policies on the provision and socialization of public services in the fields under its management.

20. Managing associations and non­governmental organizations operating in the fields under its state management in accordance with law.

21. Representing the owner of state capital portions in enterprises under its management in accordance with law.

22. Managing its organizational apparatus and state payroll of civil servants, working positions and structure of public employees based on their professional titles and employees in public non-business units; deciding on the rotation, transfer, appointment, relief from office, dismissal, commendation, and disciplining of, regimes and policies applicable to, and training and retraining of cadres, civil servants and public employees under its management in accordance with law.

23. Conducting examination and inspection; settling complaints, denunciations and petitions of citizens; preventing and combat corruption and negative practices and handling violations of law in the fields under its management;

24. Managing its assigned finance and assets and managing and using allocated state budget funds in accordance with law.

25. Performing other tasks and exercising other powers as assigned by the Government or the Prime Minister or in accordance with law.

Article 3. Organizational structure

1. The International Cooperation Department.

2. The Planning Department.

3. The Science and Technology Department.

4. The Legal Department.

5. The Finance Department.

6. The Emulation, Commendation and Public Information Department.

7. The Organization and Personnel Department.

8. The Inspectorate.

9. The Office (with representative agency in Ho Chi Minh City).

10. The Vietnam Administration of Sea and Islands.

11. The General Department of Geology and Minerals of Vietnam.

12. The Vietnam General Department for Land Administration.

13. The Vietnam Environment Administration.

14. The Information Technology Department.

15. The Department of Survey and Mapping of Vietnam.

16. The Department of Hydrometeorology and Climate Change.

17. The Department of Water Resources Management.

18. The National Remote Sensing Center.

19. The Institute for Natural Resources and Environment Strategies and Policies.

20. The Natural Resources and Environment newspaper.

21. The Natural Resources and Environment magazine.

22. The National Hydrometeorology Center.

23. The Center for Water Resources Survey and Planning.

The units referred from Clause 1 to Clause 18 of this Article are administrative units assisting the Minister of Natural Resources and Environment in performing the state management function, the units referred from Clause 19 to Clause 23 are state non­-business units serving the state management function of the Ministry of Natural Resources and Environment.

The Department of Survey and Mapping of Vietnam has a sub-department in Ho Chi Minh City; the Department of Water Resources Management has sub-departments in Ho Chi Minh City, Northern Central, Central Vietnam and Central Highlands regions.

The International Cooperation Department may be structured into 3 divisions; the Planning Department, 3 divisions; the Science and Technology Department, 3 divisions; the Legal Department, 4 divisions; the Finance Department, 3 divisions; the Emulation, Commendation and Public Information Department, 2 divisions; and the Organization and Personnel Department, 3 divisions.

The Minister of Natural Resources and Environment will define the functions, tasks, powers and organizational structures of its attached units, except those referred from Clauses 10 to13 and Clause 22 of this Article; and propose the Prime Minister to define the functions, tasks, powers and organizational structures of its general departments, the National Hydrometeorology Center; and submit to the Prime Minister for decision and issuance of a list of other existing non-­business units of the Ministry.

Article 4. Effect

1. This Decree takes effect on May 1, 2013.

2. This Decree supersedes the Government’s Decree No. 25/2008/ND-CP of March 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment; Decree No. 19/2010/ND-CP of March 5, 2010, amending and supplementing Point c, d, g, h and i, Clause 5, Article 2 of Decree No. 25/2008/ND-CP of March 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment; and Decree No. 89/2010/ ND-CP of August 16, 2010, amending and supplementing Article 3 of Decree No. 25/2008/ND-CP of March 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment.

3. Annulling all previous provisions which are contrary to this Decree.

Article 5. Transitional provisions

1. The General Department of Geology and Minerals of Vietnam will continue performing the functions, tasks and powers prescribed in current regulations until the Prime Minister decides on its functions, tasks, powers and organizational structure.

2. The Emulation and Commendation Department, the Ministry’s representative agency in Ho Chi Minh City, the National Remote Sensing Center and the Center for Natural Resource Planning and Survey will continue performing the functions, tasks and powers prescribed in current regulations until the Minister of Natural Resources and Environment decides on their functions, tasks, powers and organizational structure.

Article 6. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and Chairmen of provincial-level People’s Committees are liable to execute this Decree.

 

FOR THE GOVERNMENT PRIME MINISTER Nguyen Tan Dung