Act No. 54/An/14/7Th Reorganizing The Ministry Of Housing, Urban Planning And The Environment.

Original Language Title: Loi N° 54/AN/14/7ème L portant réorganisation du ministère de l'Habitat, de l'Urbanisme et de l'Environnement.

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Act No. 54/AN/14/7th L reorganizing the Ministry of Habitat, Urbanism and the Environment.

NATIONAL ASSEMBLEE A ADOPTETHE PRESIDENT OF THE PROMULGUE REPUBLICI'll tell you what.



VU The Constitution of 15 September 1992;
VU Law No.92/AN/10/6th L of 21 April 2010 revising the Constitution;
VU Act No.82/AN/00/4 L of 17 May 2000 establishing and organizing the Ministry of Habitat, Urbanism, Environment and Land Management;
VU Act No. 24/AN/03/5th L of September 22, 2003 supplementing Act No. 82/AN/00/4th L of May 17, 2000 establishing and organizing the Ministry of Habitat, Urbanism, Environment and Land Planning;
VU Decree 2000-251/PR/MHUEAT on the responsibilities and organization of the Ministry of Habitat, Urbanism, Environment and Land Planning;
VU Decree No.2013-0044/PRE of 31 March 2013 appointing the Prime Minister;
VU Decree No.2013-0045/PRE of 31 March 2013 appointing members of the Government;
VU Decree No.2013-0058/PRE of 14 April 2013 establishing the powers of the Ministries;
VU Order No.2006-0515/PR/MHUEAT of 23 July 2006 obliging Mini-Sterile Departments, Public Establishments and Project Units to use the assistance of State techniques in the implementation of urban and construction work and in requests for authorization to build;
VU Circular No.119/PAN of 7/06/2014 convoking the National Assembly in public session;

The Council of Ministers heard in its meeting on 11 March 2014.

TITRE I : DES ATTRIBUTIONS ET DE L'ORGANISATION

Chapter 1: Missions of the Ministry of Habitat, Urbanism and the Environment

Article 1: The Minister of Habitat, Urbanism and the Environment is responsible for:
- the preparation and application of the policy of habitat, urban planning, environment and land use by promoting the balanced and harmonious development of the territory;
- to prepare and implement the urban development policy;
- as part of the fight against precariousness and social inequalities, it is responsible for the balance between neighbourhoods, especially in urban development, infrastructure and urban equipment;
- it prepares and implements the government's policy on development through the design of a regional development plan in conjunction with the relevant ministries within the framework of the regional economic development policy;
- it is also responsible for the government's environmental policy, including the development of normative texts, the monitoring of environmental standards in the areas of infrastructure, housing, equipment, transport, energy in partnership with the ministries concerned and the conduct of environmental impact studies;
- jointly with the Ministry of Equipment and Transport, it coordinates the policy of disenclaving the national territory;
- together with the Ministry of Economy and Finance, it contributes and implements, within its responsibilities, the development policy of the regions.

Article 2: On the basis of these general principles and in the respect of the great balances established by the State, the Ministry is responsible for:

Section I: Planning, Habitat and Construction Attributions


In terms of infrastructure, equipment, habitat, urban planning and construction, the main task is to provide guidance and define sectoral policies that promote the harmonious and sustainable development of human settlements across all urbanized territories. It prepares and guarantees the conditions of implementation, both regulatory and economic. It shall, inter alia, exercise the following functions, either alone or with the assistance of the relevant ministerial departments or administrations:
- it prepares, proposes and adopts the national strategy and regulations relating to urban development and land use;
- it prepares laws and regulations specific to the execution of sectoral policies in terms of habitat, urban planning, construction and urban infrastructure and ensures their implementation;
- it carries out the functions relating to the preservation and rehabilitation of real estate and urban heritages and their integration into the urban fabric and to the industrial policy of the building sector;
- it carries out sectoral studies, development and urban planning master plans, detailed development plans and subdivision plans accompanied by their settlement projects,
- designs and conducts public operations of equipment and habitat, urban planning and infrastructure projects;
- it is, on behalf of the Administration, master of work and conductor of operation, new construction studies and works or maintenance of urban public works (remediation and road infrastructure, equipment, buildings, etc.);
- it ensures, for any public or private construction and for any private or public real estate project, the application of the texts regulating the act of development and building and respect for the rules of art;
- ensures the monitoring and technical control of private and public real estate projects and certifies regulatory and seismic compliance;
- it prepares, proposes, adopts and implements specific regulations organizing the activity of the professions of the sector;
- it establishes administrative acts and authorizations related to the execution of previous powers.

Section II: Environmental Attributions

As part of the environmental policy, it ensures the quality of the environment, the protection of natural spaces and the prevention, reduction or suppression of pollution and nuisance of all kinds. It shall, inter alia, exercise the following responsibilities, either alone or with the assistance of other relevant departments:
- it is responsible for the protection of landscapes, natural sites, terrestrial and marine fauna and flora. It ensures the preservation of biodiversity, coastline and land and associates itself with the management and police of hunting and fishing;
- coordinates and monitors all environmental activities;
- it contributes to the control of career development and to the protection, police and water management (including in the marine field) and to the maintenance of fisheries resources;
- it is responsible for preserving air quality and combating climate change. It ensures control of chemicals regulated by international conventions;
- participates in the coordination of actions to prevent major risks of technological or natural origins;
- it defines the directions of sectoral policy and proposes regulations and specific measures to protect the environment;
- partners in the identification, implementation of strategies for the use of natural or energy resources and the development of renewable energy;
- it participates in the definition and conduct of urban or industrial equipment, transport and major infrastructure policies;
- it helps to define the principles of urban, rural and forest spaces and a health policy (as it is related to the environment);
- it is also responsible for the collection and dissemination of information in the environment. Finally, it proposes any useful measures to develop environmental economic services, industries and activities

Section III: Land Use Planning Attributions

In the context of the land use policy, it shall, inter alia, exercise the following functions, either alone or with the assistance of other relevant departments or administrations:
- it contributes to the development and conducts government policies to implement the instruments of balanced economic and social development of the entire national territory;
- it ensures its integration into the regional economic space;
- it synthesizes, with the support of the relevant ministerial departments, all socio-economic data and statistics relevant to the development of its work;
- it proposes regional land development strategies adapted to the balanced development of the national assembly;
- it prepares and adopts the executive documents (Schema Director of Territorial Planning, Schema Director of Regional Planning) or plans contracts between the State and the regions;
- it coordinates and evaluates, together with the relevant ministerial departments, the results of the development policy implemented by the Government.

Chapter 2: Organization of the Ministry of Habitat, Urbanism and the Environment

Article 3: For the execution of the tasks described in Article 2 above, the Ministry of Habitat, Urbanism and the Environment includes the services organized as follows:
- the Cabinet of the Minister;
- the General Secretariat;
- the Directorate of Planning of the Territory, Urbanism and Habitat (DATUH);
The Directorate of Environment and Sustainable Development (DEDD);
- the Directorate of Documentation, Information and Communication;
- Administrative and Financial Directorate;
- Legal Service
- Arabic service
- Office of Project Programming and Monitoring

TITRE II : DU FONCTIONNEMENT

Chapter 1: CABINET

Article 4: The Ministry of Habitat, Urbanism and the Environment is assisted in its tasks by a Cabinet with a particular secretariat and several advisors.

Article 5: The particular secretariat of the Minister consists of a secretary of management, with the rank of Chief of Service, Assistant Secretaries and Administrative or Service Officers directly attached to him. It ensures the treatment of the general correspondence of the firm, the classification and archiving of its particular files, the management of its agenda and its movements.

Article 6: The Technical Advisers are responsible for instructing and processing the files entrusted to them by the Minister.

They may, under cover of the Minister, rely on the technical expertise of the departments and offices of the department but do not have any particular delegation or hierarchical authority over the other bodies of the Ministry.

One of them, named by service note, may act as Senior Advisor. As such, it coordinates the activities of the secretariat and other technical advisers.

Chapter II: THE GENERAL SECRETARIAT

Article 7: The Secretary General is responsible for informing the Minister of the operation of the services of the Ministry. It assumes, under the authority of the Minister, the animation and coordination of all services. He ensures that the Minister's decisions are implemented and reports to him.
The Secretary General is responsible for matters directly delegated to him by the Minister, but also for:
- the circulation of information, decisions and directives between the Minister, the departments of the Ministry and the related enterprises and public bodies;
- the centralization of information, reports and reports from the Central Administration Directorates and related Enterprises and Public Organizations;
- coordination and oversight of the activities and programmes of the Department ' s branches;
- follow-up to annual workplans and multi-year programmes;
- the preparation and execution of the Department's budget, the financial and personnel management control, in conjunction with the Cabinet and the Administrative and Financial Directorate;
- representation, under the responsibility of the Minister, of the entire Ministry in its external relations with other Ministries, Institutions, Enterprises and Public Organizations as well as with bilateral and multilateral aid institutions.

In carrying out his duties, the Secretary General is assisted by the Directorates of the Central Administration of the Ministry of Habitat, Urbanism and the Environment.
The Secretary General has under his authority all directions.

Chapter III: Central Administration

Article 8: Admitted under the authority of the Secretary General, the Directorate for the Development of the Territory, Urbanism and Habitat (DATUH) is responsible for executing the strategies and directives of the Minister, and for monitoring them in the areas of land development, urban planning, housing, public and private construction and land development.

Article 9: The Planning Directorate of the Territory, Urbanism and Habitat (DATUH) is responsible for:

- to prepare, implement, to control - on the extent of the entire national territory - the application of the policy led by the minister and the action of the department in matters of land use, urban planning, housing and control of all private and public constructions including real estate projects. To this end, it works closely with the Environment Directorate, external or concessionary services and technical services of prefectures and town halls. In these various titles, the main tasks are:
- to develop and conduct government policies on land-use planning aimed at balanced economic and social development throughout the national territory by ensuring its integration into the regional economic space;
- identify needs and develop programs for all urban areas including habitat and urban planning;
- to prepare, study, conduct or control urban development, subdivision, equipment, public construction and private and public real estate projects;
- to propose regulations to implement the department's policy and to regulate all activities of the sector; to ensure its application and to instruct records or applications that give rise to the notice or authorization of the administration;
- to coordinate the action and to assist, as necessary and within the limits of its competences or means, other administrations, public establishments and parapublics or services in the conduct of operation, the study and the realization of construction or development. These various interventions can lead to the passing of specific agreement protocols or conventions.
The management of the Territory, Urbanism and Habitat has three (3) sub-directions:
- the Assistant Director of Land and Urban Development (SDATU);
- Sub-Direction of Habitat and Architecture (SDHA);
- Sub-Direction Expertise and Control of Public and Private Construction(SECPP).

Article 10: Admitted under the authority of the Secretary General, the Directorate of Environment and Sustainable Development (DEDD) is responsible for implementing the Minister's strategies and guidelines and for monitoring them in all areas of environmental management and sustainable development.
The Environment and Sustainable Development Directorate consists of three (3) Under directions:
- the Sub-direction of Sustainable Development;
- Sub-direction of Pollution and Environmental Assessment;
- Under the direction of the Great Green Wall.

Article 11: The Department of Environment and Sustainable Development is responsible for developing and implementing the government's environmental management policy.
To this end, it has the task of animating, arousing, promoting and coordinating, in relation to the relevant ministerial departments and subject to the powers vested in other departments and agencies by the legislation and regulations in force, the government's environmental management action and the following exercise in order to:
- to strengthen the institutional and legal framework in the field of the environment;
- to contribute to the protection of natural resources in order to avoid any form of waste or degradation that may jeopardize sustainable development;
- to establish appropriate instruments for continuous monitoring and monitoring of the state of the environment;
- to conduct impact studies and to provide advice on development projects with environmental implications;
- to prevent and combat all forms of pollution and nuisance that may affect the health of the population and the environment;
- to carry out the controls that are vested in it by the legislation in force and to assist legal persons of public or private law in matters of the environment;
- to improve the conditions and living environment of populations in human, urban and rural settlements;
- to integrate the “environment” dimension into development programs, including those of education, training, research and information;
- to implement projects in the field of the environment;
- to promote cooperation with international non-governmental organizations, with national associative institutions and with local communities in the field of the environment.

Article 12: Under the authority of the Secretary General, the Administrative and Financial Directorate is responsible for the management of all human, financial and logistical resources mobilized for the operation of the Ministry.

Article 13: The Administrative and Financial Directorate is responsible for:
- the management of staff and the monitoring of the professional career of all officials and agents of the various departments of the Ministry;
- the maintenance of the directory of occupations and occupations within the Ministry and the establishment of job profiles or occupation profiles required;
- the definition and implementation of a training plan to ensure the adequacy between available qualifications and job profiles;
- the maintenance of the general file of staff and specific files with specific vocations;
- maintenance of equipment and premises;
- the supply of the department;
- functions of economate for the whole Ministry;
- the preparation, in collaboration with other branches, of the Department's annual budget project;
- monitoring the execution of the Ministry's budget, including initiating expenditures and controlling their execution;

The Administrative Directorate has three (3) services:
- Human Resources Management Service;
- Budget and Accounting Service;
- training service.

Article 14: Placed under the authority of the Secretary General, the Directorate of Documentation, Informatics and Communication is responsible for the archiving of administrative documents, the digitization of administrative documents and the publication of documents (brochures, leaflets...ect) relating to the communication of the ministry.

The Department of Documentation, Computer Science and Communication includes two services:
- Documentation Service;
- Information and Communication Service.

Article 15: Placed under the direct authority of the Secretary General, the Legal Service is responsible for providing legal advice on all cases submitted to it and for the monitoring of cases for which the Department has initiated proceedings with the court.

Article 16: Under the direct authority of the Secretary General, the Arab Affairs Service is responsible for implementing, coordinating, monitoring and evaluating all the activities of the ministry in Arab countries.

Article 17: Under the direct authority of the Secretary General, the Office of Project Programming and Monitoring is responsible for conducting a forward-looking reflection to improve the effectiveness of the Department's actions. Members of this office must be made up of a multidisciplinary team.

PART III: Final provisions

Article 18: The Secretary General of the Ministry is appointed by decree made in Council of Ministers on the proposal of the Minister of Habitat, Urbanism and the Environment. He is terminated under the same conditions.
The Technical Advisers and the Director of Central Administration are appointed by Orders in Council of Ministers on the proposal of the Minister of Habitat, Urbanism and the Environment. It is terminated under the same conditions.

The Deputy Directors and Heads of Services of the Ministry of Habitat, Urbanism and the Environment are appointed by a decision of the President of the Republic and on a proposal by the Minister of Habitat, Urbanism and the Environment.

Article 19: The detailed responsibilities of the departments, under the directions and services of the Ministry of Habitat, Urbanism and the Environment will be defined by decree.

Article 20: The provisions of Act No. 82/AN/004th L on the establishment and organization of the Ministry of Habitat, Urbanism, Environment and Land Planning and Act No. 24/AN/03/5th L of September 22, 2003 supplementing Act No. 82/AN/00/4th L of May 17, 2000 on the establishment and organization of the Ministry of Planning, of the U.S.

Article 21: This Act shall enter into force as soon as it is published in the Official Journal of the Republic.

Done in Djibouti on 25/06/2014

President of the Republic,
Head of Government
ISMAÏL OMAR GUELLEH