Decision 43/2014/qd-Ttg Dated: Functions, Tasks, Powers And Organization Of The General Department Of Sea And Islands Vietnam Ministry Of Natural Resources And The Environment

Original Language Title: Quyết định 43/2014/QĐ-TTg: Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Tổng cục Biển và Hải đảo Việt Nam trực thuộc Bộ Tài nguyên và Môi trường

Read the untranslated law here: http://vbpl.vn/tw/Pages/vbpq-toanvan.aspx?ItemID=36963&Keyword=

DECISION functions, tasks, powers and organization of the General Department of Sea and Islands Vietnam Ministry of natural resources and the environment _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to Decree No. 36/2012/ND-CP dated 18 April 2012 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies;
Pursuant to Decree No. 21/2013/ND-CP of March 2013 of government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment;
According to the recommendation of the Minister of natural resources and the environment, the Prime Minister issued decision functions, tasks, powers and organization of the General Department of Sea and Islands Vietnam Ministry of natural resources and the environment.
Article 1. The position and function 1. The General Department of Sea and Islands Vietnam is held directly under the Ministry of natural resources and the environment, staff functions, help the Minister of environment and resource governance and consistency of the sea and Islands; implementation of the public service, as defined by the law.
2. The General Department of Sea and Islands Vietnam has a legal personality, a seal coat shape, have separate accounts and based in the city of Hanoi.
Article 2. Duties and powers of the General Department of sea and Islands made Vietnam the mission, the following rights: 1. The Minister of natural resources and the environment to the competent State agencies issued or the decision issued by the authority: a) law project, draft resolutions of the National Assembly; project Ordinance, draft resolutions of the Standing Committee of the National Assembly; draft decree of the Government; draft decision of the Prime Minister; draft circulars, circular about the integrated management, uniform on the sea and Islands;
b) strategy, planning, long term development plans, five year, and annual program, project, project of national importance and served general governance and consistency of the sea, Islands;
c) draft decisions, national standards, national technical regulation, economic, technical norms, indicator, indicators integrated management of the sea, coastal regions, Islands and the text about the integrated management and unified about the sea and Islands.
2. Join elaborate strategies, policies, schemes on defense, security, Foreign Affairs related to the socio-economic development, sovereignty, sovereign rights and jurisdiction of Vietnam over the sea and Islands, the mechanisms, the policy on managing the scope of exploitation of sea resources used by the Ministry of local branches, presided the construction.
3. the authority issued under the guidance of professional writing, professional management of the State and unity of the Sea Islands.
4. Help the Minister of natural resources and the environment the direction, monitoring, checks the implementation of legal documents, strategies, planning, plan, program, project, project on the Sea Islands.
5. a basic investigation on the management of the sea and Islands: a) chairing planning basic survey on resources and the marine environment;
b) join to build the program, project, project basic investigation about the resources and natural conditions of the sea, Islands serve the purpose of developing marine economy due to local ministries, presided the construction according to the provisions of the law;
c) tracking, testing, general implementation of programs, plans to investigate basic science research of the sea, the ocean of ministries, sectors and localities;
d) chaired the building program, tasks, project, project basic investigative resources and the marine environment, survey, exploration, marine scientific research, Ocean; implementation after it is approved according to the assignment of the Minister of natural resources and the environment;
DD) reception, evaluation and implementation of the licensing procedure for the scientific research activities have foreign elements in the seas, Islands in the sovereignty of Vietnam under the rule of law;
e) performing the duties of the Office of the State Steering Committee on investigation of the resource-base marine environment.
6. On the integrated management of the extraction, use of the sea and Islands: a) General, reviews the potential socio-economic related to Vietnam's sea; Statistics, sorting, evaluating the potential of the seas, Islands, submarine, the beach Islands in Vietnam's sovereignty; General, reviews the current state of exploit, use, coastal waters and islands within the country;
b) presided, the Minister of natural resources and the environment to the authority for approval, adjust and guide the planning, implementation of the plan of partition using the sea, coastal and island of the country under the rule of law; inspect, monitor the implementation of the master plan, the plan, the partition using the sea, coastal regions, islands of the country after they are approved;
c) participate in evaluation planning, land use planning for coastal regions, Islands under the rule of law;
d) chaired the building program, plan, project, projects, task management, coastal sea, Islands related to many ministries and localities, ensuring the mainstreaming action plans and solutions adapt to risk of sea-level rise due to climate change; the Organization implemented after being approved by the Prime Minister;
DD) join the appraisal, strategic environmental assessment for the overall approach of developing marine economy in the jurisdiction to review the decision of the National Assembly; strategy, planning of economic development, industry, local fields (including planning, established in the coastal economic zone), the project, the project, the process of extraction, use of sea resources, Islands under the jurisdiction of the Government's approval, the Prime Minister;
e) Help the Minister of natural resources and environment management of the delivery of the marine sector to exploit the use of marine resources; instructions, check the delivery of sea area to exploit the use of resources under the jurisdiction of the provincial people's Committee;
g) Help the Minister of natural resources and the environment make the delivery, renewed, revoked, allow the return of a part or the entire sea area, modified, additional decisions according to the sea area in the scope of the authority; resolve the dispute about the use of sea areas under the authority delegated pursuant to law;
h) analysis, organization reviews, predictions about the happenings, domestic and international dynamics related to the management, exploitation and use of sea resources, islands of Vietnam;
I) chairing or coordinating or proposing authority to solve the problem of the management, exploitation and use of natural resources and environmental protection of the sea, Islands, contact the province.
7. About control of resources and the protection of the marine environment, Sea Island: a) holding checked, monitoring the activity of extraction, use of resources and environmental protection, coastal waters and Islands; reviews the current state of the environment of the sea, Islands, submarine, islands of Vietnam;
b) chaired or participated in protecting the environment of the sea and Islands under the rule of law; in collaboration with the forces on patrol, the specialized control and coastal provinces to control the compliance with legislation on the exploitation and protection of natural resources, marine environment, Islands;
c) participated in the evaluation planning, the project of establishment of marine protected areas; testing, reviews the use of the waters of the coastal and island, in implementing the provisions of the marine protected areas, conservation zones and coastal wetlands; participate in the evaluation of proposals established the reserve coastal wetlands related to protection of the marine environment, Islands; coordinate with relevant agencies to implement programs, plans and projects on the protection of marine biodiversity;
d) join the evaluation license for transporting the waste on the sea, the record of planning the discharge point processed directly at sea (not including the waste water source through the sea estuary) in accordance with the law; check or check the compliance with the provisions of the license type resource extraction, protection of the environment;
DD) Organization reviews and control of pollution of the sea, Islands and identify the serious pollution generated by mining operations, using the sea, Islands and the incident or disaster; coordinate with related agencies to assess and control the environmental degradation, pollution from these sources generated by manufacturing operations, business services, and land-based activities that affect the marine environment and island;
e) chairing or participating in surveillance, environmental issues warning on sea and perform preventive measures, treatment, remedial pollution, restore and improve the environmental quality of the sea, Islands as assigned by the Minister of natural resources and the environment;
g) participate in the appraisal report of environmental impact assessment for projects of exploration, extraction, use of the authority approved by the Ministry of natural resources and the environment; tracking, checking the implementation of environmental protection measures after the approved project;
h) reporting the current state of the environment report, the waters of Vietnam; the Minister of natural resources and the environment issued guidance documents provincial people's Committee, the central city in the current state of the environment reporting in local waters.
8. international cooperation: a) the implementation of programs, plans, schemes, international cooperation projects on the sea, Islands and the ocean under the provisions of the law;
b) participated in the negotiation of treaties, international agreements on the sea, Islands, oceans and implementation according to the assignment of the Minister of natural resources and the environment;
c) mission clue international cooperation activities on the sea, Islands; participate in the international forum, held on the seas and oceans as assigned by the Minister of natural resources and the environment.
9. construction organization and management of a national database of resources-environment of the sea, Islands; sorting, statistics resources on the seas, islands of Vietnam; Archive results, basic census products, scientific research at sea and Islands under the rule of law.

10. Advocacy, education, common law policy of management mechanism of synthesis and unification of the sea, Islands; tutorials, organizing propaganda activities, raise awareness about the management, protection and sustainable development of the seas and coastal islands, Vietnam.
11. application of science, research, technology management and unified State on the Sea Islands.
12. Build and implementation planning, investment planning, exploitation, use and management of the national monitoring system of resources and marine environment, public works, specialized media research service, surveyed the seas and oceans, alerts and troubleshooting the marine environment in the management scope prescribed by law.
13. Management and implementation of investment projects in the field of sea and Islands as assigned by the Minister of natural resources and the environment.
14. financial management, asset; organizational management, job placement, staffing officer, the number of people employed in public business units; make the mode wage, remuneration policy; appointment, appointment, rotation, resignation, resignation, seconded, retire, resign; Awards, discipline; training, the fostering of professional expertise for public servants jurisdiction the management of the General Department of Sea and Islands under the provisions of the law of Vietnam and decentralized management of the Minister of natural resources and the environment.
15. The task of administrative reform under the aim and the content of administrative reform programme was approved by the authority.
16. the Inspector involved, complaints, accusations, handle the violations of law in the field of sea and Islands; make room, fighting corruption, negative in General under the provisions of the law and according to the assignment of the Minister of natural resources and the environment.
17. Implementation of the public service about the sea and Islands under the rule of law; direction, check out the implementation mechanisms to ensure policy, for public service activities in the field of sea and Islands.
18. Perform other duties and powers as the Minister of natural resources and environment and in accordance with the law.
Article 3. Organizational structure 1. Service policy and legislation.
2. international cooperation and science and technology.
3. Financial planning.
4. Service personnel.
5. Office.
6. The Bureau of resource control and the protection of the marine environment, Islands.
7. Basic Survey Department Manager of the sea and Islands.
8. the marine mining administration and Islands.
9. The Research Institute of the sea and Islands.
10. Investigative resources Center-marine environment.
11. The training centre of sea, Islands and the media.
12. the naval Center.
13. The Centre planning and integrated management of the coastal areas of the North. The Center for planning and the integrated management of the coastal area in the South.
15. The information centre, the data of the sea and Islands.
16. The Center of surveying and mapping of the sea.
In this article, the regulatory organization from clause 1 to Clause 8 is the administrative organization that helps General Director perform state management functions, the regulatory from Account to Account 9-16 is career organization serving the State management functions of the General Department of Sea and Islands Vietnam.
Article 4. Leaders of the General Department of Sea and Islands Vietnam 1. The General Department of Sea and Islands are Vietnam General Department Chief and Deputy Bureau Chief 3 does too.
2. the General Director and the Deputy Director of the resource and by the Minister of the environment appointed, dismissal, resignation under the provisions of the law.
3. General Director General Department of Sea and Islands Vietnam regulates functions, tasks, powers and structure of the Organization in General.
4. General Director General Department of Sea and Islands Vietnam responsible to the Minister of natural resources and the environment, and before the law about the whole operation of the General Department of Sea and Islands Vietnam. Deputy General Director of the General Department of Sea and Islands responsible Vietnam General Director General Department of sea and Islands and Vietnam before the law about work is assigned.
Article 5. Effect 1. This decision had effect since September 15, 2014 and replaces decision No 116/2008/QD-TTg dated August 27, 2008 the Prime Minister's functions, tasks, powers and organization of the General Department of Sea and Islands Vietnam Ministry of natural resources and the environment.
2. The Minister of natural resources and the environment, the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities, General Director of Vietnam and Island Sea Bureau is responsible for the implementation of this decision.