Decree No. 21/2013/ND-CP defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment

Article 1. Position and functions projects and works in the naniral resources and The Ministry of Natural Resources and environment sector. Environment is a governmental agency 3. To approve development strategies, master pe1fom1ing the state management of land; water plans and programs in the sectors and fields resources; minerals and geology; enviromnent; under its state management and investment hydrometeorology; climate change; survey projects as decentralized or authorized by and cartography; integrated and unified the Government or the Prime Minister; to management of sea areas and islands; and inspect and guide the implementation of these public services in the sectors and fields under strategies, master plans, programs and projects its management. after they are approved. © 'V;etnarn Law & Legal Forom Issue nos 06-08/March 2013 33 (Cong Bao nos I 57-I 60/March 14, 2013) 4. To promulgate decisions, directives, clearance-related matters of investment circulars and other documents on the state projects to be approved by the National management in the sectors and fields under Assembly or the Prime Minister and projects its management; to direct, guide, examine in conditional investment sectors; to guide and and organize the implementation of legal examine the fo1mulation of land price tables documents in the sectors and fields under its and the dete1mination of specific land prices; management; to conduct public info1mation to make land price maps; to summarize and and education about the law on natural provide data and inf01mation on price brackets resources and environment; to formulate for land of different categories, land price national standards and promulgate national tables and specific land prices; technical regulations and econo-technical di To guide and examine the survey nonns for application in the sectors and fields and making of cadastral maps, land use under its state management. cartograms and land use planning maps; 5. Regarding land: elaboration and modification of land use a/ To guide and examine the implementation master plans and plans; land allocation, of strategies, master plans, plans, programs, lease and recovery, and change of land use schemes and projects on land management purposes; registration of land use rights and and use after they are decided or approved by house and land-attached asset ownership; competent authorities; compilation and management of cadastral dossiers and building of cadastral data; grant bl To elaborate national and regional land of certificates of land use rights and house use master plans and plans; to appraise land use and land-attached asset ownership; and land master plans and plans elaborated by provincial­ users' exercise of rights and performance of level People's Committees; to appraise master obligations in accordance with law; plans and plans on land use for defense or security purposes; to give written opinions on ddl To guide, examine and conduct land land use-related contents of sectoral master statistics, inventory and assessment according plans involving the use of land; to its competence; el To guide and examine the compliance cl To assume the prime responsibility for, and coordinate with related ministries and with conditions and procedures for providing public services in land management and use and sectors in, fo1mulating and submitting to the grant of practice ce1tificates in the land sector Government for promulgation and adjustment in accordance with law; price brackets for land of different categories and principles and methods of dete1mining gl To guide, examine and organize the land prices; to appraise and give written implementation of the law on compensation, opinions on land, compensation and ground suppo1t and resettlement upon land recove1y © Vietnam Law & Legal Fornm 34 Issue nos 06-08/Marcb 2013 (Cong Bao nos 157-160/March 14, 2013) by the State; to guide and examine the b/ To elaborate master plans on basic survey identification of land users eligible or ineligible of water resources and national water resource for compensation and supp011; master plans; to elaborate and approve water resource master plans for inter-provincial river h/ To guide and inspect land recovery, development of the land fund and bidding for basins and inter-provincial water sources and organize the implementation after such master land-occupying projects; plans are approved; to give written opinions i/ To distiibute, and manage the use of, blank on water resource master plans of provinces ce11i:ficates of land use rights and house and and centrally run cities, specialized master land-attached asset ownership; plans involving the exploitation and use of k/ To survey and assess land use potential water resources and activities involved in and efficiency to serve the state management the exploitation, use and protection of water of land and socio-economic development resources according to its competence; to requirements; appraise projects on water transfer between river basins; 1/ To build a national inf01mation system to archive land-related data; c/ To elaborate plans on prevention and control of water source pollution, deterioration ml To direct, guide and examine the and depletion and restoration of inter-provincial settlement of land-related complaints and water sources already polluted, deteriorated disputes in accordance with law. or depleted; to give written opinions on plans 6. Regarding water resources: on prevention and control of water source a/ To guide and examine the implementation pollution, deterioration and depletion and of policies, laws, strategies and master plans restoration of intra-provincial water sources on water resources in accordance with law; already polluted, deteriorated or depleted, to organize the implementation of decided which are elaborated by provincial-level or approved plans, programs, schemes and People's Committees; to guide and examine projects on prevention and control of water the implementation of plans on prevention and source pollution, deterioration and depletion, control of water source pollution, deterioration restoration of deteriorated or depleted water and depletion in construction, production, resources and response to and remedy of business and service provision activities and water source pollution incidents so as to plans on response to water source pollution economically and effectively exploit and incidents in accordance with law; use water sources of river basins under its d/ To decide on the classification of inter­ management for integrated and multiple provincial and ti·ansnational water sources; to purposes; make and promulgate a list of inter-provincial © "V;etnarn Law & Legal Forom Issue nos 06-08/March 2013 35 (Cong Bao nos I 57-I 60/March 14, 2013) river basins; to make and promulgate a list of exploitation, use and protection conducted by intra-provincial river basins and lists of inter­ ministries, sectors and localities; to conduct provincial and transnational water sources; to water resource inventory, assessment and develop water conservation models; and to forecasts; to build and manage a system conduct public info1mation about water-saving for observation and surveillance of water models, technologies and equipment; resources, water exploitation and use and ddl To guide, examine and organize discharge of wastewater into water sources according to its competence the formation with regard to inter-provincial river basins and management of water source protection and inter-provincial and transnational water conidors, excluding dike protection conidors sources; to build, manage and exploit the and protection limits of irrigation works national information system and database according to the law on dikes and operation and on water resources; to archive, manage, protection of itTigation works; dete1mination publicize and provide info1mation and data and announcement of minimum flows of livers, on water resources, exploitation and use of exploitation limits of aquifers, water reserve water resources and the cunent conditions of areas and areas where groundwater exploitation water sources on river basins in accordance is restricted in accordance with law; with law; el To elaborate inter-reservoir operation h/ To guide, examine and organize the processes for river-basin reservoirs on the grant, extension, modification, invalidation list of reservoirs, for which inter-reservoir and revocation of water resource licenses in operation processes must be elaborated, and accordance with law; guide, examine and inspect the implementation ii To act as the national focal agency of such processes after they are promulgated; for exchange of information relating to to appraise the conf01mity with water resource transnational water sources and participation master plans and the satisfaction of law­ in international organizations of and f01ums prescribed requirements for protection, on river basins; to participate in negotiating exploitation and integrated and multi-purpose and implementing conventions, treaties and use of water resources of projects on building international agreements on water resources; river-basin reservofrs; to guide and examine the to implement programs, plans, schemes, implementation of plans on the regulation and projects and tasks on international cooperation distribution of water resources on river basins in water resources in accordance with nationwide; international commitments and treaties and gl To conduct basic surveys of water law; to guide and examine the implementation resources; to summarize results of basic survey of conventions, treaties and international of water resources and the water resource agreements on water resources to which the © Vietnam Law & Legal Fornm 36 Issue nos 06-08/Marcb 2013 (Cong Bao nos 157-160/March 14, 2013) Socialist Republic of Vietnam is a contracting mineral activities by localities; party; di To decide to mine or not to mine minerals k/ To settle disputes and divergences in the in areas with national important projects or exploitation and use of water resources and works for which the investment policy is to be discharge of wastewater into water sources decided by the National Assembly or imp01tant falling under its licensing competence and projects and works which are to be decided other water resource-related disputes between by the Government or the Prime Minister, provinces and centrally rnn cities; to monitor, for which mineral survey and assessment supervise and summarize developments of have been conducted or mineral survey and transnational water sources and promptly repo1t assessment have not yet been conducted but to and propose the Government or the Plime minerals have been discovered; Minister to handle arising issues so as to assure dd/ To sn1dy and conduct basic geological Vietnam's rights and interests. surveys of minerals; to prescribe the fonnulation 7. Regarding geology and minerals: and appraisal of projects and repo1ts on basic geological survey of minerals and mineral a/ To guide and examine the implementation exploration and mining repo1ts; to fo1mulate of geological and mineral strategies, master and guide the formulation of projects on plans, plans, programs, schemes and projects geological heritages, geological conservation, after they are promulgated or approved by geological park networks and geological competent authorities; hazards; b/ To elaborate and implement mineral strategies; master plans on basic geological e/ To appraise schemes on basic geological survey of minerals and schemes on mineral surveys of minerals nationwide; to give exploration in accordance with law; opinions on ministerial, sectoral and local master plans on mineral exploration, mining, g/ To register geological surveys of minerals; processing and use; to summarize results of geological surveys cl To zone off and publicize areas with of minerals and mineral activities; to make small reserves of scatteredly distributed statistics and inventory of mineral deposits; minerals and areas with hazardous minerals; to build the national geological and mineral to zone off and submit to competent authorities database; to publicize and publish documents for approval national mineral reserve areas and info1mation on basic geological surveys of and areas not subject to mining rights auction; minerals; and to manage geological and 1nineral to summarize and examine the zoning off of info1mation and samples; areas not subject to mining rights auction h/ To organize auctions for mining rights in and areas banned or temporarily banned from accordance with its competence; to dete1mine © "V;etnarn Law & Legal Forom Issue nos 06-08/March 2013 37 (Cong Bao nos I 57-I 60/March 14, 2013) money amounts for grant of mining lights under of environmental technologies, environmental its licensing competence; protection services and environmental services ii To grant, extend, revoke and approve related to biodiversity and cross-border the return of mineral exploration licenses environmental problems in accordance with and mining licenses; to permit the transfer law; of mineral exploration or mining rights; bl To assume the prime responsibility for, to approve the partial return of mineral or coordinate with ministries and sectors in, exploration and mining areas; to approve managing wastes in accordance with law; mine closure schemes and decisions in cl To fo1mulate and submit to competent accordance with law; to grant, revoke and agencies for promulgation national environment invalidate certificates of free sale of impo1ted and biodiversity indicators and the system and expo1ted mineral products and goods in of environmental statistical indicators in accordance with law; accordance with law; kl To examine the observance of mineral di T o guide and examine strategic exploration licenses and mining licenses it has environmental assessment; environmental granted; to control mineral activities and basic impact assessment, environmental protection geological surveys of minerals nationwide; commitment, environmental protection to monitor and examine the observance of schemes and activities carried out after sustainable development policies in basic environmental impact assessment reports are geological surveys of minerals and mineral appraised; to appraise strategic enviromnental activities and policies on protection of interests assessment reports, appraise and approve of localities and people in areas where mining environmental impact assessment reports activities are canied out. and environmental protection schemes and 8. Regarding the environment: certify the implementation of environmental al To guide, examine and organize the protection facilities or measures to serve implementation of policies, laws, inter­ the projects' operation as stated in approved sectoral, inter-provincial, inter-regional and environmental impact assessment reports national strategies, master plans, plans, and environmental protection schemes in programs, schemes, projects and tasks on accordance with law; environmental pollution prevention and dd/ To guide the survey and identification of control; remedy of environmental incidents polluted areas, dete1mination of enviromnental and environmental deterioration, improvement damage, identification of responsibilities to of the enviromnental quality, environmental pay compensation for enviromnental damage, protection in inter-provincial river basins, remedy enviromnental pollution and improve biodiversity, enviromnental health, development the enviromnent; to direct, guide and examine © Vietnam Law & Legal Fornm 38 Issue nos 06-08/Marcb 2013 (Cong Bao nos 157-160/March 14, 2013) the survey and identification of polluted areas, assigned by the Government; determination of environmental damage and ii To guide and examine the management identification of the responsibility to pay of invasive alien species and biodiversity compensation for environmental damage, conservation at biodiversity conservation remedy environmental pollution and improve establishments and conservation of species on the environment in polluted areas involving the list of rare, precious endangered species many provinces or countries; prioritized for protection, excluding plant el To guide and organize according to varieties and animal breeds; its competence the making, modification k/ To guide and examine the permanent and supplementation of the list of seriously preservation of genetic resources and samples polluting establishments which must be of species prioritized for protection; to guide thoroughly handled and the identification the management and supervision of activities of seriously polluting establishments which of approaching to genetic resources and have been thoroughly handled; to examine the traditional knowledge about genetic resources handling of seliously polluting establishments, and sharing of benefits brought about by the provision of targeted supports from the state approach of genetic resources managed by budget for thorough handling of seriously the State and traditional knowledge about polluting establishments in public areas in genetic resources; to build and uniformly accordance with law; manage the national database on genetic g/ To elaborate the national master plan resources, genetically modified organisms on biodiversity conservation and guide and genetic samples of genetically modified and examine the implementation of such organisms concerning biodiversity; to make master plan after it is approved; to guide a list of genetically modified organisms the elaboration and appraise the conformity for which bio-safety certificates have been of ministerial biodiversity conservation granted; master plans with the national biodiversity 1/ To elaborate and submit to competent conservation master plan; authorities for promulgation or promulgate h/ To organize inter-sectoral councils for according to its competence the lists of, and appraising projects on establishment of national programs on conservation of, rare, precious conservation zones embracing two or more endangered species pliolitized for protection, provinces or centrally nm cities; to assume the excluding plant varieties and animal breeds; plime responsibility for, and coordinate with the list of invasive alien species; list of related provincial-level People's Committees biologicals used for pollution prevention in, formulating projects on establishment and and mitigation and waste treatment; list of management of national conservation zones as polluting biologicals banned from import; list © "V;etnarn Law & Legal Forom Issue nos 06-08/March 2013 39 (Cong Bao nos I 57-I 60/March 14, 2013) of scraps permitted for import; and lists of and ce1tificates in the field of environment and environmental technologies promoted for or biodiversity in accordance with law; restricted or banned from transfer; to organize pl To summarize and estimate annual the compilation of Vietnam's Red Book; non-business funds needed for environmental ml To build and manage the national activities of ministiies, sectors and localities environmental observation system; to and coordinate with the Ministiy of Finance g u i d e, exa m i n e a n d o r g a n i z e t h e in submitting these estimates to competent implementation of the master plan on the authorities for consideration and decision; national environmental observation system, to coordinate with the Ministry of Finance the national environmental observation in guiding and examining the planning program, environment and biodiversity and allocation of non-business funds for observation, arbitration analysis and testing environmental activities after fund estimates and calibration of environmental observation are approved; equipment; to direct the elaboration of and qi To guide the payment for environmental unifonnly manage enviromnental observation services related to biodiversity, payment data and environment and biodiversity of compensations for environmental database; to assume the prime responsibility rehabilitation and payment of deposits for for elaborating and publicizing national environmental improvement and rehabilitation environment and biodiversity reports; and in accordance with law; to manage the Vietnam to guide ministries, sectors and localities in Environmental Protection Fund; to guide the environment and biodiversity reporting; organization and operation of sectoral and n/ To guide and organize the appraisal, local environmental protection funds; to act examination and assessment of environmental as the national focal agency of the Global pollution treatment works, equipment Environment Facility; and technologies; to guide and examine r/ To act as the national focal point in environmental verification in accordance implementing environment and biodiversity with law; to research and apply scientific treaties as assigned by the Government; to and technological advances in environmental assume the p1ime responsibility for elaborating protection and develop environmental nomination dossiers for recognition of wetlands technologies; to formulate and implement of international impo1tance under the Ramsar trial programs and models on sustainable Convention and nomination dossiers for and environment- friendly production and recognition of ASEAN heritages; consumption; sf To assume the prime responsibility for, of To guide and conduct the registration, and coordinate with ministries, sectors and recognition, grant and revocation of licenses localities in, organizing the research into and © Vietnam Law & Legal Fornm 40 Issue nos 06-08/Marcb 2013 (Cong Bao nos 157-160/March 14, 2013) remedy of consequences of chemical toxins gl To build, manage and exploit the national used by the US during the Vietnam war. system for natural disaster warning; to guide the provision and use of bulletins on typhoons, 9. Regarding hydrometeorology: tropical low pressures, floods, inundation, a/ To direct and examine the implementation earthquakes, tsunamis, floodtides and other of hydrometeorological strategies, master dangerous hydrometeorological phenomena; plans, plans, programs, schemes and projects h/ To build and manage the basic and special­ after they are approved by competent state use systems ofhydrometeorological info1mation agencies; and database systems managed by the State; to bl To build, manage and use the national provide hydrometeorological info1mation and network of hydrometeorological observation, data; to appraise hydrometeorological contents lightning observation and positioning of master plans on and designs of national and climate change surveillance; and to key constrnction works and projects and other manage hydrometeorological surveys and construction works and projects in accordance investigations; with law; cl To guide, inspect and conduct the ii To grant, extend and revoke operation establishment, upgrading, degrading, relocation licenses of special-use hydrometeorological or dismantlement of hydrometeorological works and licenses for hydrometeorological works in accordance with law; forecast and warning in accordance with law; di To guide and examine the protection of to appraise technical standards of measurement technical safety conidors ofhydrometeorological works and equipment used in special-use works nationwide; hydrometeorological facilities and lightning observation and positioning facilities built ddl To uniformly manage and conduct by minisu·ies, sectors and localities with state hydrometeorological forecast and warning and budget funds; climate forecast; to publish official bulletins on climate trends, weather developments, kl To act as the national focal point in tropical low pressures, typhoons, floods, participating in international hydrometeoro­ inundation, floodtides and other dangerous l o gi cal organizations and forums and hydrometeorological phenomena; implementing hydrometeorological treaties as assigned by the Government. el To elaborate, guide and examine the implementation of regulations on forecasting 10. Regarding survey and cartography: and warning about earthquakes, tsunamis, a/ To elaborate, and guide and organize the typhoons, tropical low pressures, floods, implementation of, su·ategies on development inundation, floodtides and other dangerous of the survey and mapping sector and master hydrometeorological phenomena; plans, plans, schemes and national key © "V;etnarn Law & Legal Forom Issue nos 06-08/March 2013 41 (Cong Bao nos I 57-I 60/March 14, 2013) projects on basic and specialized survey and h/ To conduct survey, draw and update mapping after they are approved by competent maps and dossiers of administrative boundaries authorities; to serve the demarcation, adjustment and b l To build, update, manage and use management of administrative boundaries the geological spatial data infrastructure, in accordance with law; to appraise the the national reference system, the national presentation of administrative boundaries on baseline data system, the national system of maps of different kinds; base measuring points, the national system of ii To conduct survey and draw maps and satellite positioning stations, the ae1ial imaging dossiers to serve the negotiation, planning, system, the national systems of topographic demarcation and management of national maps and the national geographic info1mation borderlines, sea areas, the exclusive economic database; and to promulgate the list of place­ zone and continental shelf of Vietnam; to build names to be displayed on maps; the national border database; to appraise the cl To publicize and provide survey and presentation of national borderlines on maps mapping info1mation and data in accordance of different kinds; to print and distribute with law; maps and documents related to national land borderlines, sea areas, islands, exclusive di To guide, examine and conduct the economic zone and continental shelf of inspection and testing of survey and mapping Vietnam; equipment according to national standards; k/To coordinate with the Ministry of Science dd/ To give opinions on contents related and Technology and the Minist1y of Foreign to survey and mapping of state budget­ Affairs in proposing to the Government the funded programs, schemes, projects and tasks, conclusion and implementation of agreements excluding defense and security projects, which on mutual recognition o f conformity are implemented by ministries, sectors and assessment results with regard to survey and provincial-level People's Committees; mapping. el To grant, extend and revoke licenses for survey and mapping operations; to examine 11. Regarding integrated and unified the publishing and distribution of maps; to management of sea areas and islands: suspend the publishing and direct the recall of a/ To elaborate Vietnam's marine sn·ategy maps with illegal contents; to grant, revoke and and policies and laws on integrated and invalidate ce1tificates of free sale of impo1ted unified management of sea areas and islands and expo1ted survey and mapping goods and and organize implementation after they are products; approved by competent state management gl To make, edit, publish and distribute map agencies; products in accordance with law; bl To elaborate and submit to competent © Vietnam Law & Legal Fornm 42 Issue nos 06-08/Marcb 2013 (Cong Bao nos 157-160/March 14, 2013) state agencies for approval or adjustment, and g/ To uniformly manage basic surveys of guide tlle implementation of, master plans and sea areas and island nationwide; to appraise zoning plans of sea areas, coastal areas and ministerial, sectoral and local programs, islands; plans, schemes and projects on basic surveys of sea areas and islands in accordance with c/ To assume the p1ime responsibility for, law; to assume the prime responsibility for and coordinate with ministries, sectors and elaborating and implementing key programs People's Committees of coastal provinces and and projects on basic surveys of marine natural centrally rnn cities in, elaborating, submitting resources and environment as assigned by the to competent authorities for approval, and Government; implementing, programs, plans, schemes, projects and tasks on integrated management h/ To participate in the appraisal and monitor, of sea areas, coastal areas and islands which examine and summarize the implementation involve several ministries, sectors and coastal of ministerial, sectoral and local programs localities; and projects on sea and ocean scientific research in accordance with law; to license di To elaborate and promulgate directives scientific research activities conducted or and targets on integrated management of sea jointly conducted by foreign parties in sea areas, coastal areas and islands in accordance areas and islands under Vietnam's sovereignty with law; after reaching agreement with the Ministiy of dd/ To participating in the appraisal of National Defense and the Minist1y of Foreign master plans and schemes on the establishment Affairs; of sea conservation zones; to participate in ii To participate in the formulation of the appraisal of projects and works involving strategies, policies and schemes on national the exploitation and use of marine and island defense, secmity and foreign affairs activities in natural resources to be approved by the association with socio-economic development Government or the Prime Minister; to give which are related to Vietnam's sovereignty opinions on ministerial, sectoral and local and sovereignty and jmisdiction rights on the schemes and projects involving the use of land sea as well as ministerial, sectoral and local areas reclaimed from the sea in accordance mechanisms and policies on management of with law; sectors and trades involving the exploitation e/ To assume the prime responsibility for, and use of marine natural resources; or join in, settling, or proposing competent k/ To summarize and evaluate Vietnam's authorities to settle, matters on inter-sectoral sea-related socio-econo1nic potential; to make and inter-provincial management and use of statistics of, classify and assess the potential marine and island natural resources; of sea areas, islands, archipelagoes and © "V;etnarn Law & Legal Forom Issue nos 06-08/March 2013 43 (Cong Bao nos I 57-I 60/March 14, 2013) sunken atolls under Vietnam's sovereignty; climate change under its competence; to analyze, evaluate and forecast domestic b/ T o propose and institutionalize and international developments and moves international mechanisms, policies and concerning the management, exploitation and initiatives concerning climate change impacts use of natural resources, scientific research on socio-economic development and national and international cooperation on Vietnam's defense and security, assuring conformity sea areas and islands; to assume the prime with national conditions and interests; responsibility for building and managing the to propose the adjustment, modification national sea and island database; and supplementation of Vietnam's climate l/ To elaborate master plans and plans change-related mechanisms, policies and on the building, use and management of the technological standards so as to suit the reality national system for observation of marine in the world; natural resources and enviromnent, special­ c/ To supe1vise and assess climate change use works and equipment for sea and ocean and its impacts on natural conditions, humans research and survey and warning and remedy and socio-economic development; to coordinate of consequences of natural disasters and with ministries, sectors and localities in enviromnental incidents in the sea under its proposing appropriate adaptation measures management in accordance with law; for submission to competent authorities for ml To assume the p1ime responsibility for, approval and implementation; and coordinate with related ministlies, sectors di To build and operate the system for and localities in, inspecting and supe1vising the measurement, reporting and verification exploitation and use of natural resources and (MRV) of greenhouse gas emission mitigation environmental protection in seas areas, coastal activities at home and abroad; to conduct areas and islands; national greenhouse gas inventory; to propose n/ To act as the focal point in summarizing Vietnam's policies and measures for mitigating and coordinating international cooperation on greenhouse gas emissions suitable to socio­ sea issues; economic d evelopment in each period (nationally appropriate mitigation action of To guide and conduct public info1mation NAMA); about the management, protection and sustainable development of Vietnam's sea To guide, examine and organize the areas and islands. implementation of measures to manage carbon credit trading activities in accordance with 12. Regarding climate change: law and treaties which Vietnam has acceded a/ To elaborate and implement national key to, to grant ce1tificates to investment projects programs, schemes and projects on response to implemented by businesses of different © Vietnam Law & Legal Fornm 44 Issue nos 06-08/Marcb 2013 (Cong Bao nos 157-160/March 14, 2013) economic sectors under the clean development and certify the registration of import, expo1t, mechanism or other international mechanisms tempora1y import for re-exp01t and use of ozone on greenhouse gas mitigation; layer-depleting substances under the Montreal dd/ To build, update, publicize and unifo1mly Protocol; manage the national database on climate i/ To assist the National Climate Change change, climate change scenarios and sea level Committee in urging the implementation rise; to devise measures of accessing and using of the national strategy and action plan on inf01mation on climate change; climate change, the national target program on response to climate change, the support el To negotiate, accede to and implement program to respond to climate change and treaties and join international organizations other ministerial, sectoral and local strategies, on climate change; to mobilize international programs, schemes, projects and tasks related resources and coordinate and implement to climate change. schemes, projects and tasks on international cooperation on climate change within its 13. Regarding remote sensing: competence; a/ To elaborate strategies, master plans, gl To give opinions on ministerial, sectoral plans, schemes and national key projects on and local programs, schemes, projects and remote sensing infrastrncture constrnction tasks related to climate change; to make and and application and guide and organize their appraise the list of priority projects under implementation after they are approved; Vietnam's Support Program to Respond to bl To guide and organize according to Climate Change (SP-RCC); to elaborate its competence the application of remote and submit to competent authorities for sensing in observation and surveillance of promulgation criteria for assessing SPRCC natural resources, environment and natural pliority projects in confo1mity with framework disasters and in other sectors to serve state policies already committed with donors and management, socio-economic development reality; and security and national defense; the h/ To act as the national focal agency in preservation, exploitation and use of national implementing the United Nations Framework remote sensing data; Convention on Climate Change, the Kyoto cl To build and operate satellite image Protocol and other treaties concerning climate receiving stations and satellite image change; the Vienna Convention for the processing centers to serve civic sectors Protection of the Ozone Layer, the Montreal under the approved mechanism on coordinated Protocol on Substances that Deplete the Ozone exploitation of common remote sensing Layer and other treaties related to the protection technology institutions of ministries and of the ozone layer; to implement, inspect, guide sectors; © "V;etnarn Law & Legal Forom Issue nos 06-08/March 2013 45 (Cong Bao nos I 57-I 60/March 14, 2013) di To summaiize the needs to receive remote of info1mation technology in the fields under sensing data of ministries, sectors and localities its state management; to build and develop and elaborate plans on receiving and processing the national database on naniral resources and remote sensing data under annual and five-year environment. plans for implementation; 18. To organize and direct the implementation dd/ To build, update, manage and operate of its administrative refo1m program in line the national remote sensing database and with the objectives and contents of the state national remote sensing super-data; to publicize administrative reform program after it is and provide remote sensing data to agencies, approved by the Prime Minister. organizations and individuals in accordance 19. To direct the fo1mulation of, submit with law; to competent authorities for decision, and el To give opinions on state budget-funded guide the implementation of, master plans programs, schemes and projects involving the on development of the network of non­ purchase of foreign remote sensing data by business and public-service organizations, and ministries, sectors and provincial-level People's mechanisms and policies on the provision and Committees. socialization of public services in the fields under its management. 14. To conduct the statistics, invento1y and 20. To manage associations and non­ archive of matelials and data on the fields under governmental organizations operating in the its management in accordance with law. fields under its state management in accordance 15. To direct and organize scientific and with law. technological research and application in 21. To represent the owner of state capital the fields under its management; to organize po1tions in enterprises under its management the editing and publishing of publications in accordance with law. on natural resources and environment in accordance with law. 22. To manage its organizational apparanis and state payroll of civil servants, working 16. To unde1take international cooperation positions and strncnire of public employees in the fields under its state management based on their professional titles and employees in accordance with law; to organize the in public non-business units; to decide on negotiation and conclusion of treaties under the rotation, transfer, appointment, relief authorization of competent state agencies; from office, dismissal, commendation, and to sign international agreements in its own disciplining of, regimes and policies applicable capacity; and to join international organizations to, and training and retraining of, cadres, as assigned by the Government. civil servants and public employees under its 17. To organize and direct the application management in accordance with law. © Vietnam Law & Legal Fornm 46 Issue nos 06-08/Marcb 2013 (Cong Bao nos 157-160/March 14, 2013) 23. To conduct exammation and inspection; 12. The Vietnam General Depa1tment for to settle complaints, denunciations and Land Administration. petitions of citizens; to prevent and combat 13. The Vietnam Environment conuption and negative practices and handle Admmisu·ation. violations of law in the fields under its 1 4 . T h e Info r m a t i o n Technology management; Department. 24. To manage its assigned finance and 15. The Department of Survey and Mapping assets and manage and use allocated state of Vietnam. budget funds in accordance with law. 16. The Department of Hydrometeorology 25. To perfo1m other tasks and exercise and Climate Change. other powers as assigned by the Government or the Prime Minister or in accordance with law. 17. The Department of Water Resources Management.

Article 3. Organizational structure 18. The National Remote Sensing Center. 1. The International Cooperation 19. The Instin1te for Natural Resources and Department. Environment Strategies and Policies. 2. The Planning Department. 20. The Natural Resources and Enviromnent 3 . T h e S c i e n c e a n d Technology newspaper. Department. 21. The Natural Resources and Enviromnent 4. The Legal Department. magazine. 5. The Finance Depa1tment. 22. The National Hydrometeorology 6. The Emulation, Commendation and Center. Public Info1mation Depa1tment. 23. The Center for Water Resources Survey 7. The O rganization and Personnel and Planning. Department. The units refened to in Clause 1 thrn Clause 8. The Inspectorate. 18 of this Article are administrative units assisting the Minister of Nan1ral Resources 9. The Office (with representative agency and Environment in performing the state in Ho Chi Minh City). management function, the units referred to 10. The Vietnam Administration of Sea and in Clause 19 thru Clause 23 are state non­ Islands. business units serving the state management 11. The General Department of Geology and function of the Ministry of Natural Resources Minerals of Vietnam. and Enviromnent. © "V;etnarn Law & Legal Forom Issue nos 06-08/March 2013 47 (Cong Bao nos I 57-I 60/March 14, 2013) The Depa1tment of Survey and Mapping Decree No. 19/2010/ND-CP of March 5, of Vietnam has a sub-depaitment in Ho Chi 2010, amending and supplementing Point c, Minh City; the Depaitment of Water Resources d, g, h and i, Clause 5, A1ticle 2 of Decree No. Management has sub-departments in Ho Chi 25/2008/ND-CP of March 4, 2008, defining Minh City, Northern Central, Central Vietnam the functions, tasks, powers and organizational and Central Highlands regions. strncture of the Ministry of Natural Resources The International Cooperation Department and Environment; and Decree No. 89/2010/ may be structured into 3 divisions; the Planning ND-CP of August 16, 2010, amending and Department, 3 divisions; the Science and supplementing Article 3 of Decree No. Technology Department, 3 divisions; the 25/2008/ND-CP of March 4, 2008, defining Legal Department, 4 divisions; the Finance the functions, tasks, powers and organizational Department, 3 divisions; the Emulation, strncture of the Ministry of Natural Resources Commendation and Public Information and Environment. Department, 2 divisions; and the Organization 3. To annul all previous provisions which and Personnel Depa1tment, 3 divisions. are contrary to this Decree. The Minister of Natural Resources and Environment shall define the functions, tasks, Article 5. Transitional provisions powers and organizational strnctures of its 1. The General Depa1tment of Geology and attached units, except those referred to in Minerals of Vietnam shall continue perfo1ming Clauses 10 thrn 13 and Clause 22 ofthisAiticle; the functions, tasks and powers prescribed in and propose the Prime Minister to define the cunent regulations until the Prime Minister functions, tasks, powers and organizational decides on its functions, tasks, powers and structures of its general departments, the organizational strncture. National Hydrometeorology Center; and submit to the Prime Minister for decision 2. The Emulation and Commendation and promulgation a list of other existing non­ Department, the Ministry's representative business units of the Ministry. agency in Ho Chi Minh City, the National Remote Sensing Center and the Center for

Article 4. Effect Natural Resource Planning and Survey shall continue performing the functions, tasks 1. This Decree takes effect on May 1, 2013. and powers prescribed in cunent regulations 2. This Decree replaces the Government's until the Minister of Natural Resources and Decree No. 25/2008/ND-CP of March 4, Enviromnent decides on their functions, tasks, 2008, defining the functions, tasks, powers powers and organizational strncture. and organizational structure of the Minist1y of Natural Resources and Environment; Article 6. Implementation responsibilities © Vietnam Law & Legal Fornm 48 Issue nos 06-08/Marcb 2013 (Cong Bao nos 157-160/March 14, 2013) Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People's Committees shall implement this Decree.- On behalf of the Government Prime Minister NGUYEN TAN DUNG © "V;etnarn Law & Legal Forom