Decree No. 25/2008/ND-CP defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment

38 OFFiCiAL GAZETTE Issue nos 01-o2IMan;h 2008 (GOng Bao~ 179-1801Man1J 18120(6) Part I. LEGAL DOCUMENTS The Ministry of Natural Resources and Environment has tasks and powers prescribed in the Government's Decree No. 178J2007/ND-CP TIlE GOVERNMENT of December 3, 2007, defining the functions, tasks, powers and organizational structures of nuntsrrtes and ministerial-level agencies, and the following specific tasks and powers: DECREE No.2512OO81ND-CP OF MARCH4, 2008,DERNING THE FUNCTIONS,TASKS, 1.To submit to the Government draft Jaws and POWERS AND ORGANIZATIONAL draft resolutions of the National Assembly, draft STRUCTURE OF THE MINISTRY OF ordinances; and draft resolutions of the National NATURAL RESOURCES AND Assembly Standing Committee, and draft ENVIRONMENT resolutions and decrees ofthe Governmentunder the Ministry's approved annual law-making THE GOVERNMENT programs, and projects and schemes as assigned by the Government. Pursuant to the December 25, ZOO] Law on 2. To submit to the Prime Minister Organization ofthe Government; development strategies and master plans, long- Purs,.,! totheGovernment's Decree No. 178/ term, five-year and annual plans, and national 1007/ND-CP oj December 3, ")007, dcfim'ng the programs and projects in the domains under the functions; tasks, powers and organizational Ministry's state management; and draft decisions structures of ministries and ministerial-level and directives of the Prime Minister. agencies,' 3. To promulgate decisions, directives and At the proposal of the Minister of Natural circulars; to formulateand announcemanufacturer Resources and Environment and the Minister of standards according to its competence or submit Home Affairs, national standards to the Minister of Science and 'Iechnclogy tar announcement; to fannulate and DECREES: promulgate national technical regulations in the domains under the Ministry's state management Artiek 1.- Position and functions after tney are. awraise.d by the Ministry of Science The Ministry of Natural Resources and and Technology, Environment is a government agency and 4. To direct, guide, inspect, examine and functions jc perform the state management of organize the implementation oflegal documents, land; water resources; mineral resources and strategies, master plans and plans under the geology; environment; meteorology and Ministry's state management which have been hydrology;metrologyandeartography; integrated approved by competent agencies; to inform, :o\nrl nnifi~ rownagement of the sea and islands; propagate. disseminate and educate about Jaws and state management of public services in the on the domains under the Ministry's state domains under the Ministry's management. management 5, Begannng land; © VIETNAM LAW & LEGAL FORUM Issue nos 01-02IMarch 2008 OFFICIAL GAZETTE lGOng Baa nos 179-1801March 18120081 a/ To direct, examine and organize the conditions and procedures for the provision of implementation of national strategies, programs public services in land use and management and long-termplans on land managementand use according to law; to guide the operation of land after they are approved by the Prime Minister; funddevelopmentorganizations andland use right bl To assume the prime responsibility for registration offices; elaborating national and regional land usc master gl Tu guide, examine and organize the plansand plans; to appraise land use masterplans implementation of the law on compensation, and plans submitted by provincial/municipal support and resettlement; to take the prime People's Committees, and master plansand plans responsibility for, andcoordinatewith concerned on land usefor defense and security; to guideand ministriesand branches in,guiding the settlement examine their implementation after they are of problems concerning land and land attached approved; property prices and policies on compensation, d To assume the prime responsibility for, and support and resenlemenr ar me request of coordinate withconcernedministries in,setting and provincial-level People'sCormnittees; to guide the adjusting price brackets for land of different identification of land users eligible or ineligible categories and submitting them to the rJOvMTI~nt for compensation and support to serve es a basis forpromulgation; to guidemethodsof determining for computing compensation and support land prices and examine thedetermination efland amounts; to grant resettled people certitteates of prices; to guide the settlementof problems in the land use rights, and use and ownership rights to deterrrunatron ot land prices; to direct, guide, land-attachedproperty; to prescnbe and guide the examine and organize surveys and synthesis and management of landin resettlement artaS~ supplyof databaseon land prices; blTo assume the prime responsibility for, and dI To guide and examine the survey, coordinate with concerned agencies iu, measurementand drawing of cadastral maps and formulating and promulgating according to its cartograms on land use and maps on land use competenceor submitting to competentauthorities planning; the elaborationand adjustmentof land for promulgation land-related ;of;nancial use masterplans andplans; theallotment, lease and mechanisms and policies on the collection of recoveryof land,and change of landusepurposes; levies upon land allocation, lease and recovery, the registration of land use rights, and use and change of land use purposes, recognition of land ownership rights to land-attached property; the usc rights, and development of the land fu.ml compilation and managementof cadastral records; accordingto planning,andguide andexamine the the grant of certificatesof land use rights and use implementation of these policies; to direct, guide and ownership rights to land-attachedproperty; the and examine the land recovery, Iand fund exercise of rightsand performanceof obligations development, bidding for land use rights and ofland users accordingto law; bidding for land-using projects; efTa direct, guide,examineand organize land- if To issue, and manage the use of, forms of related statistical and inventory work and land cemticates of land use rights and use and appraisal;to manage the tradingof land userights ownership rights to land-attachedproperty; on the real estate market according to law; jI To direct, guide, examine and organize the fJ To guide and examine the observance of senlemeau Ufldllu-lelat.W utspues acconung to law. © VIETNAM LAW & LEGAL FORUM OFFICIAL GAZETTE Issue nos01.Q21March 2008 (COng Bao nos1ro-18D,!March 18/2008) 6. Regarding water resources: localities of water source potential so that they aJ To direct. guide and organize the can adopt master plans and plans to use water implementationoflegal documents, mechanisms rationally,economicallyand efficiently; and policies on water resources after they are glTo appraise masterplanson exploitationand promulgated by competent authorities; use of water, and projects on regulating water bl To direct, guide and examine the betweenrivers tormulatedby mimstnes, branches implementationof strategies and masterplans on and localities before they are submitted to waterresources and overall programs and plans competentauthorities forapproval according to law; on prevention and control of degradation and hi To USSUIne the prime responsibility for, or exhaustion of water sources and integrated use coordinate with concerned agenciesin,elaborating and sustainable development of water resources and promulgating according to its competence or after they are approved by the Prime Minister; submitting to competent authorities for cl To assume the prime responsibility for promulgation mechanisms, policies, taxes, fees, formulating masterplans and plans onmanagement charges, other revenues and fonns of incentive of and measures for using water resources for related to the exploitation, useand conservationof susminable development andmuItipurpose use, and water resources; proactiveprevention andcontrol of thedegradation if To guide, examine and organize the grant and exhaustion of water sources; and withdrawal of water resource permits dJ To decide on the clasaificarion and listing according to law; afwater suurces (rivers, lakes, streams and other jI To take measures on conservation of water forms ofnatural reservoirs); to set and announce sources, prevention and control of water source manufacturer standards or submit to theMinister contamination, and restoration of degraded or of Science and Technology for promulgation exhausted water sources after they are approved national standards; to formulate and promulgate by the Prime Minister; according to its competence national technical kI To act as the key agency and take the prime regularioes on the use and conservation of watcr responsibility for proposing to the Prime Minister TeSOUIees according to Clause 3 of this Article; international cooperation in the water resource etTaguide andexamine the implementation of domain; to guideandexamine the implementation the law on setting water exploitation limits for of treaties to which the Socialist Republic of rivers, layers of water, waterreserve areas, andareas Vietnam has signed or acceded in order to ensure whereunderground waterexploitation isrestricted; sustainable development, fairness and rationality to assume the prime responsibility for, and in exploiting and usinginternational watersources; coor<IInate with concerted agencies in, gulCling and to exchange information concerning internationBl examining the implementation of the plan on water sources; to assume the primeresponsibility balancing and allocating water resources among for, and coordinate with concerned agencies in, _ , and localities regionally and nationally; settlingdisputesover international water sources; ff To build, manage and exploit a water UToact as a standingmember of the National resource observation network; to organize basic Water Resources Council and the Vietnam surveys onandinventory andassessment of water Mekong River Commission. resources nationwide; to notify branches and 7. Regarding mineral resources and geology: © VIETNAM LAW & LEGAL FORUM Issue nos O1.Q2JMarch 2008 OFFICIAL GAZETTE 41 fCOno Baonos 179-1EJalMarch 1&12008) aJ To direct, examine and organize the of mineral resource survey, exploration, implementation of master planson basic geological prospectingand processingaccording to law; surveys on mineral resources nationwide atterthey gITo actas a standingmemberof the Council are approvedby the PrimeMinister, for MineralReserveEvaluation. hi Toidentify mineral reserve areas which have 8. Regardingthe environment: been explored and appraised; to zone off areas aJ To direct, examine and organize the havinghazardousmineralsandnotify provincial/ implementation of the law and policies on municipal People's Committees and concerned environmental protection, covering the prevention agencies for managementand protection; and control of environmental pollution and c/ To assume the prime responsibility for, and degradation; the conservation of the nature and coordinate with concerned agencies in, deciding biodiversity; the improvement and raising of on the exploitation and grant of exploitation environmental quality; permits III areas which have been explored and hi To guide and examine the observance of appraised for mineral resourcesor discovered to national technical regulations on quality of the have mineral resources and which have surrounding environment; national technical inve~hnentpmnj~t~nnirnportantnahnnal\Work~ regulations on wastes accordingto law; to guide or important works in which in-principle and examine the observance of environmental investment is decided by the NationalAssembly targetsin developmentmasterplans and plans of or the Prime Minister; ministries. branches.domains and Iocahties: dI To organize basic geological surveys on cI To formulate and promulgateaccording to mineral resources; to prescribe the fonnulation and its competence, or submittocompetentauthorities appraisal of schemes on mineral resources surveys for promulgation environmental indicators and and exploration, and contents of projects on basic targets; to make national environmental reports geological surveys on mineral resources; to organize and specialized environmentalreportsaccording the appraisal of schemes on mineral resources to regulations; to evaluateand anticipate the state surveys and exploration according to law; to and loadability of environmental components on organize the registration, collection and synthesis regional and national scales; to guide ministries, of data on results of basic geological surveys and branches and provincial/municipal People's basicgeological surveys on mineral resources, and Committees in makingenvironment statusreports state management ufmineral I\:.SUUlU::S dUU. geology and environmental impactreports; nationwide according to law; dI To guide and examine the appraisal and e/ To assume the prime responsibility for, or approval of strategic environmental assessment coordinate with concerned agencies in, elaborating reports, environmental impact assessment reports and promulgating according to its competence, and registration of written commitments on or submitting to competent authorities for environmental protectionnationwide; to appraise promulgation mechanisms, policies, taxes, fees, strategic environmental assessment reports; to chargesandotherrevenuesand formsof incentive appraise and approve environmental impact related to the exploration, prospecting and assessmentreports under its competence; conservationof mineralresources; eI To direct and coordinate the investigation fi'Tu ~uidc:; examine and organize the licensing and identification of environmentally polluted © VIETNAM LAW & LEGAL FORUM

42 OFFICIAL GAZETTE Issue nos01-o2!March 2008 (('.fmg Ban nn.~ 179.18lJ1MRrch 1R1?OOllJ zones in inter-provincial andtransnational areas; chargesand otherrevenuesand forms of incentive to guide the determination of damage, handling related to environmental protection;to assume the of environmental pollution and degradation,and primeresponsibility forsynthesizing and balancing improvement of environmental quality; annual funds needed for non-business fJ To guide the formulation, adjustment and environmental activities of ministries, branchesand supptemernauon uf a list uf seriously pouuttng localities and coordinate with the Ministry of establishments and examine and inspect the Fmanceinsubmitting them to competentauthorities handling and remedy of consequences by these for consideration and decision; to organize and establishments according to law; manage the Vietnam Environmental Protection gI To guide and examine the implementation Fund and act as the national key agency of the of thelawon nature andbiodiversity conservation GlobalEnvironmental Facilityin Vietnam. within its assignedfunctionsand tasksaccording 9. Regarding meteorology, hydrology and to law; climate change: hi To assume the prime responsibility for aJ To direct and organize the implementation fannulating, and organizethe implementation of, of master plans and long-term plans on the a masua plan UII the national envinnuuerual nationalhydrological andmeteorologicalnetwork observatirm system; to guide and examine development;to take the prime responsibility for, environmental observation activities and verify and coordinate with concerned agencies in, environmental observation equipment; to guide formulating, and directing the implementation of, the formulation and unified management of overall national strategies on natural disaster environmental observation data; forecast and warning; if To promulgate lists of biologicals used in bI To guide and examine the implementation the prevention,reductionand treatmentof wastes, oflaws onprotection of the technical safetycorridor and polluting biologicals bannedfrom import; to of hydrological and meteorological works; guide the examination, evaluation and appraisal relocation of special hydrological and of waste traatment equiprnenrand facilities before meteoiologlcal works audthose in ihe inuauauonal they are put intooperation; to guide and examine communication networkaccordingto law; theenviromnental inspection according to law; d To direct and organize the implementation if To guide and organize the registration and of hydrological and meteorological basic surveys recognition of environmentallyfriendly establish- and forecast; to organize and manage the mentsand products; to grant environmentpermits hydrometeorological observation system; to guide according to law; to prescribe a roadmap and and examine the processing, management and l,,;U;flli;.icnu. fOI applying national technical regula- exploitation of hydrological and meteorological lions on wastes according to areas, regions and informationand dataaccording to law; to appraise branchessuitable to theenvironmentalloadability; the use of basic hydrological and meteorological kI To assume the prime responsibility for, or survey datafor national key construction works and coordinate with concerned agencies in,formulating investment projects, and construction works and and promulgatingaccording to its competence, or investment projects in whichinvestmentisdecided SUbmitting to competent authorities for and managed by ministers, heads of ministerial- promulgation, mechanisms, policies, taxes, fees, level agencies, heads of government-attached © VIETNAM LAW & LEGAL FORUM Issue nos 01.Q2/March 2008 OFFICIAL GAZETTE 43 (CO//y Wu 1100 179-footMQIIiI111J12008) agencies, or presidents of provincial/municipal hi To organize the formulation, updating, People's Committees according to law: management and use of the basic systems of dI To prescribe the registration, grant and technical infrastructure for metrology and withdrawal of permits of hydrological and cartography, including the national reference meteorological operation according to law; system, the national system of base data, the national system of base metrological pomts, the el To guide and organize the appraisal of national global positioning system, the base aerial investment projects to build, upgrade and improve photo system, and database of the national hydrological and meteorological works: geographic information system: flTo organize the surveillance and assessment of impacts of climate change on natural cl To prescribe, guide and examine the verification, test and maintenance of metrological conditions, humans and socio-economic conditions; to coordinate with concerned equipment, ensuring reference to national ministries, branches and localities in initiating and metrological andcartographical standards. and the management, exploitation. use and supply of proposing appropriate responsive measures to metrological and cartographical infOD11D.tion and competent authorities for approval; materials; To act as the national key agency in dJ To appraise key metrological and implementing the Kyoto Protocol and other concerned treaties on climate change; to grant cartographical projects submitted to the Prime t:t:lufit:att::. U[ iuvesuueru )JlUjt:l.-lb lAJUfUIIUillg Minister by ministries. ministerial-level agencies. with the clean development mechanism at the and provincial/municipal People's Committees; request of organizations or individuals; el To organize the registration, grant and To act as: the national key agency in withdrawal of permits for metrology and cartography operations; to examine thepublication implementing the Montreal Protocol on Substances and distribution of maps; to suspend the that Deplete the Ozone Layer; to guide conditions distribution, and direct the withdrawal ofillegally forimporting orexporting substances that deplete published maps; the ozone layer according to law; fl To assume the prime responsibility for, and gI To guide and examine the implementation coordinate with theMinistry of Home Affairs in, of the Regulation on forecast and warning about organizing the measurement and malcing ofmaps ear..hquakcs, tsunamis, typhoons, tropical low to serve the demarcation and adjustment of pressure, floods, inundation and floodtide; to administrative boundaries according to law; to guide the supply and use of information on appraise the expression of admimstrative typhoons, tropical low pressure, floods. boundaries of admmlsrratlve unlts at all levels on inundations, earthquakes, tsunamis and floodtide. maps of different kinds; 10. Regarding metrology and cartography: g/ To assume the prime responsibility for, and ;u To guide and organize the implementation coordinate with the Ministry ofForeign Affaaa in, of key national projects on metrology and base organizing the measurement and making of maps maps, metrology and special-use maps within the and documents to serve negotiations, planning and scope of the Ministry's management after they determination of national border lines, sea areas, are approved by the Prime Minister; the exclusive economic zone and the continental © VIETNAM LAW & LEGAL FORUM

44 OFFICIAL GAZETTE Issue nos 01-G2IMarch 2008 (Cong BO.o noo 170-1801M8roh 1812008) shelf of Vietnam; to appraise the expression of concerning Vietnam's national sovereignty, national borderlines onmapsofdifferent kinds; to sovereignty rightsand jurisdiction on the sea, and print and distribute maps of different kinds and mechanisms and policies onmanagementofmarine documents concerning national borderlines on land, resources exploitation branches and trades, which sea areas, islands, the exclusiveeconomic zone and are formulated under the prime responsibility of me conunemal shelf orvtenaun unulsules, branches aIlt.lIUl..<l1.iti~~, hi To make, edit, publish and distributemap flTo actas the key agencyin synthesizing and products according to law, evaluating the socio-economic potential of 11. Regarding integrated and uulfled Vietnam's sea and islands; to analyze, evaluate managementof the sea and islands: and forecast developments andmovements related to the potential exploitation, scientific research, a/ To assume the prime responsibility for international cooperation, and protection of elaborating and implementing Vietnam's marine Vietnam'ssovereigntyon the sea; strategy and comprehensive mechanisms and policies for sustainable management and g) To fannulate master plans and plans on exploitation of natural resources and protection investment in the exploitation, use andmanagement of the sea and island environment after they are of special works andequipmem uscdiu the ruarhe approved by competent state agencies; resource and environmental research and exploration; bI To guide and organize the implementation ofmastcrpleue Oil sea zoning to serve M a basis for hlTo collect statistics on, classify and evaluate, the exploitation, use and protection of natural the potential of sea areas, islands, archipelagos resources and socio-economicdevelopment ofthe and underseaareasunderVietnam'ssovereignty; seaand islands of Vietnam; to guide andexamine if To act as a standing member of the State the implementation of long-termplans, schemes Steering Committeefor theEast Seaand Islands. and projects on basicsurveys on marine resources 12. To organize statistical and inventory work, and environment, andmarine and oceanic scientific andarchives of materials and data on thedomains research after they ore approved by the Prime undertheMinistry·smanagementaccoo:tmgtolaw. Minister; 13. Todirect and organize scientific and techno- clToessume theprime responsibility for, and logical research and application in the domains coordinatewithcompetentauthorities or propose under the Ministry's management; to organize the to competent authorities for, settling matters on editing and publishing of publications on natural inter-branch or inter-provincial managementand resources and the environment according to law. exploitation of marineand island resources; 14. To undertakeinternational cooperation in dJ To approve, and direct the implementation the domainsofland, waterand mineral resources, of, five-year and yearly plans on marine and geology, environment, hydrology, meteorology, oceanic basic surveys and scientific research, metrology, cartography, seaand islands according programs on integrated management of natural to law; to organize negotiations and eiguiug of resources and the environment of coastal areas treaties under theauthorization of competentstate within the Ministry's functions and tasks; agencies; to sign international agreements in the efTo participate informulating defense, security name of the Ministry; to participate in international and foreign relation strategies and policies organizations as assignedby the Government. © VIETNAM LAW & LEGAL FORUM Issue nos 01-o21Marcb 2008 OFFICIAL GAZETTE 45 (GOng 9fto noo 17!}1001M0rch 1812OOa) 15.Toorganizeand directthe implementation domains under the Ministry's management. of the Ministry's administrative reform PT02I'aID 20. To inspect, examine; settle complaints in line with the objectivesand contentsof the state about and denunciations on; and prevent and administrative reformprogram after it isapproved combat, corruption and negative practices, and by the Prime Minister; handle violationsof law in the domains under the 16. 'Io direct the tonnulation of, and submit to Ministry's management according to law; competent authorities for decision and guidance 21. To perform financial and asset on the implementation of, master plans on management and manage and use state budget development ofthe network of non-business and fUIl\.1:; allocated to the Ministry al:cord!ng to law. public-service organizations, and mechanisms and 22. To perform other tasks and exercise ather policies on provision and socialization of public powers as assigned by the Government or the services in the domains under the Ministry's Prime Minister or according to law; management; 17. To guide and facilitate societies, Article 3.- Organizationalstructure associationsandnon-governmentalorganizations 1.The InternationalCooperationDepartment in participating in the natural resources and environment sector's activities; to examine the 2. The Planning Department. implementation of legal provisions on societies, 3. The Science and TechnologyDepartment. associationsand non-governmental organizations 4. The Legal Department. according to law. 5,The Finance Department. 18. To represent the owner of state capital 6. The Emulation and Commendation portions in the Ministry-attached enterprises Department. according to law. 7.TheOrganization and PersonnelOi:partment 19.Tomanageitsorganizational apparatusand 8. The Inspectorate. payroll; to direct the implementation of the wage regime and policies and regimes on preferential 9. The Office. treatment, reward and discipline towards cadres, 10. The Vietnam Seaand IslandAdministration. public employees and servants under the 11.The Environment Administration. Ministry's management;to promulgatestandards 12. The Land Administration. on professional skills and expertise of public servant ranks of branches and domains assigned 13.The Department of Geology and Minerals or decentralized to the Ministry for management of Vietnam. after they are apprni!'>f'.d hy the Mini"1.try of Home 14 ThE' Department of Survey and Mapping Affairs; to formulate standards on professional of Vietnam. skills and expertise of public employee ranks of 15. The Department of Water Resources branches and domains assigned or decentralized Management. to the Ministry for management and submit them 16.The InformationTechnology Department. to the MinistryofHomeAffairsfor promulgation; to promulgate standards on specific professional 17.TheDepartmentofHydrometoorology and skills for heads of provincial/municipalPeople'!'> Climate Change. Committees' specialized agenciesof branches and 18. The Ministry's representative agency in © VIETNAM LAW & LEGAL FORUM

46 OFFICIAL GAZETTE Issue nos 01-G2}March 2008 (Cong Baa nos 179-1801March 1812008) Ho Chi Minh City. Government's Decree No. 9112002IND-CP of 19.The National Hydrometeorology Center. November 11,2002,defining me funCflons, tasks, powers and organizational structure of the 20. The Center for Water Resources Survey Ministry of NaturalResources and Environment. and Planning. 2. To annul all previous provisions which are 21. The National Remote Sensing Center. contrary to this Decree. 22. The Institute for Natural Resources and Environment Strategies and Policies. Arlicle5.- Implementationresponsibilities 23. The Natural Resources and Environment Ministers, heads of ministerial-level agencies, newspaper. heads of government-attached agencies, and presidents of provincial/municipal People's 24.1he Natural Resources and Environment Committees shall implement this Decree. magazine. The units defined in Clause 1 thru Clause 18 On behalfofthe Government of this Article shall assist the Minister in Prime Minister performing the state management function, the NGUYEN TAN DUNG units defined in Gause 19 thru Clause 24 are state non-businessunits serving the state management function ofthe Ministry of NaturalResourcesand Environrrent. The Department of Geology and Minerals of Vietnam has a sub-department in Ho Chi Minh City and one In Da N aug City.'1'he Department of Survey and Mapping of Vietnam has a sub- departmentin Ho Chi Minh City.The Ministry's 1"f"'11I"P.<;;t>;J1tativ~ aeeney in Ho rhi Minh City mHy organize sections. The Minister of Natural Resources and Environment shall submit to the Prime Minister forpromulgationdecisionsdefining the functions, tasks, powers and organizationalstructuresof the Vietnam Sea and Island Administration, the DnviromnentAdmillistration, the LandAdministra- lionand the National Hydrometeorology Center, and shallsubmitto the PrimeMinisterfordecision and promulgation a list of other existing non- business units of the Ministry. Article 4.- Implementation effect 1. This Dt:l,;HX takes effect 1.5 days after its publication in "CONG BAD" and replaces the © VIETNAM LAW & U~GAL FORUM