Decision 26/2011/qd-Ttg Dated: Functions, Tasks, Powers And Organizational Structure Of The General Directorate Of Geology And Mineral Resources Ministry Of Natural Resources And The Environment

Original Language Title: Quyết định 26/2011/QĐ-TTg: Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Tổng cục địa chất và khoáng sản trực thuộc Bộ Tài nguyên và Môi trường

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Pursuant to the law on organization of the Government of 25 December 2001;

Mineral Law base on November 17, 2010;

Pursuant to Decree No. 178/2007/ND-CP dated 3 December 2007 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies;

Pursuant to Decree No. 25/2008/ND-CP DATED April 3, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of natural resources and environment, has been modified and supplemented in the Decree No. 19/2010/ND-CP of March 2010 and Decree No. 89/2010/ND-CP on August 16, 2010;

Considering the recommendation of the Minister of natural resources and the environment, decision: article 1. The position and function 1. Bureau of geology and mineral resources Agency is Ministry of natural resources and the environment, staff functions, help the Minister of environment and resource management and task management executable State geology and mineral resources; implementation of the public service in accordance with the law.

2. The General Department of geology and mineral resources has a legal personality, a seal coat shape, private account, based in the city of Hanoi.

Article 2. Duties and powers 1. The Minister of natural resources and the environment issued by the authority or to the Minister of natural resources and environment of the competent State bodies: a) project law, draft resolutions of the National Assembly; project Ordinance, draft resolutions of the Standing Committee of the National Assembly; draft decree of the Government, the draft decision of the Prime Minister; draft circulars, circular about geology and minerals;

b) strategy, planning, long term development plans, five year, annually; the program, project, scheme and important works on geology and mineral resources; the policy of protecting the rights of local people where minerals are mined;

c) technical standards, norms, unit price in basic geological investigation of minerals, mineral exploration;

d) methodology, the level of currency money granted mining rights; the criteria delineated areas not mining rights auctions; principles, conditions, procedure for mineral rights auction.

2. Implementation of the legal text, strategy, planning, plan, program, project, project on geology and mineral resources following the competent State agencies issued or approval.

3. advocacy organization, the common law of geology and mineral resources; reply to the Organization, the individual on the policy, the laws of geology and mineral resources.

4. Issued guidance documents, professional expertise and the text in the range of State Management Of the Department; standard industry basis publication.

5. To receive, record and evaluation process of the Minister of natural resources and the environment decided or authorized decision of the Minister of natural resources and environment of the grant, renewal, revocation of the license of mineral exploration, mineral extraction licenses, certificates of free circulation (CFS) products goods exports and imports with respect to resources, minerals; the transfer of mineral exploration right; the return of mineral exploration licences, mining licences; the return part of area the area of exploration, mineral extraction areas; the approval of the project closed the mine, decided to close the mine for minerals under the provisions of the law.

6. About geology and economic minerals: a) implementation rules of money granted mining, about mining rights auctions; active management of mining rights auctions under the provisions of the law;

b) track, general investment activities of exploration, mineral extraction, power transfer activities of exploration, mineral extraction;

c) implementation of the provisions of the law regarding the reimbursement of basic investigation of minerals, mineral exploration expenses.

d) collaboration build specify collectible, collectible modes, payment management, use of fees, using data of geology and mineral resources; of fees certification free circulation (CFS) products, goods exports and imports with respect to resources, minerals.

7. mineral activities control activities and basic geological investigation of minerals: a) monitor, evaluate, aggregate mineral activities on nationwide; proposed measures to protect undeveloped mineral deposits; tracking, checking its compliance with the sustainable development policy for mineral activities, policy protecting the rights of local people where minerals are mined;

b) delineated the Organization the Minister of natural resources and the environment to the prime area not mining rights auctions under the authority of the Ministry of natural resources and the environment, the reserve area of the national mineral resources, mineral area small dispersion under the provisions of the law; monitor, check the delineated area not mining rights auctions under the authority of the provincial people's Committee; track; General work zone delineated the mineral activities, temporary prohibited area mineral activities in accordance with the law;

c) Help the Minister of natural resources and the environment to check compliance with the regulation of mineral exploration licence, mining licence, the provisions of the law on mineral resources for the Organization, the individual mineral activities; processed under the authority or the recommendations of competent State agencies handle violations of the provisions of the law on mineral resources;

d) test or examine, propose to handle the cases of violating the regulations on environmental protection, land use, water resources and infrastructure in the mineral activities.

8. Organize due diligence, approval by authorized by the Minister of natural resources and the environment project, reported the results of the basic geological investigation of minerals in the planning, the plan has been approved by the authority; the scheme, reports the results of geological investigation of minerals for the project area, the important work of national jurisdiction decisions undertakings of investment or project, important work in the jurisdiction to decide the investment policy of the Government, the Prime Minister according to the assignment of the Minister.

9. organizations to perform basic geological investigation of minerals.

10. Holding active registration of basic geological investigation of minerals for the organizations and individuals in accordance with the law; Statistics; inventory reserves of mineral resources on nationwide.

11. General results of basic geological investigation of minerals, the storage, management, organization, providing information, documents and specimens of minerals under the provisions of the law.

12. Confirm the legality of the document, the geological and mineral specimens, minerals, goods not be allowed to take abroad.

13. Editorial, publication, Edition and released the document, basic census information about geological minerals, geologic map of the country, other publications on the geology and mineral resources in accordance with the law.

14. international cooperation: a) implementation plans, programs, projects, international cooperation projects on the geology and mineral resources after it is approved by the authority;

b) participated in negotiating the Treaty, the international agreement on the geology and mineral resources and the Organization follow assigned or authorized by the Minister of natural resources and the environment;

c) Help the Minister of natural resources and the Environment Agency's mission focal point for international cooperation in geology minerals; join organizations, International Forum on geology and mineral resources according to the assignment of the Minister of natural resources and the environment.

15. Implementation of scientific research, application deployment, technical progress and technology transfer in the field of geology and mineral resources.

16. Implementation of the administrative reform in the field of geology and mineral resources under the program, the administrative reform plan of the Ministry of natural resources and the environment.

17. Implementation of the public service of geology and mineral resources in accordance with the law; direction, check out the implementation mechanisms to ensure policy, for public service activities in the field of geology and mineral resources.

18. organizational management, payroll; salary regimes and policies, policies, competition, reward, or discipline; saving practices, prevention of waste; Prevention of corruption in the Bureau; fostering of professional expertise for public servants in General; join the training, professional courses for civil servants, staff of the resource and environment sector follow rule of law and the hierarchy of the Minister of natural resources and the environment.

19. financial management, assets are allocated according to the hierarchy of the Ministry of natural resources and environment and the rule of law.

20. Perform other duties by the Minister of natural resources and environment and in accordance with the law.

Article 3. Organizational structure 1. Geological Service 2. Service of minerals.

3. Service policies and legislation.

4. Science, technology and international cooperation.

5. Financial planning.

6. Service personnel.

7. The Office.

8. The Bureau of economic geology and minerals.

9. mineral activities Control Bureau (has 2 branch in Central and southern).

10. Union of geologic map North.

11. Union of geologic map of southern.

12. The North-Eastern geological Union.

13. The geology of the Northwest League.

14. The geology of North Central League.

15. Geology of the Central League.

16. Union of geology of radiation-rare.

17. The physical Union of geology.

18. The Federation of INTERGEO.

19. Centre for research and technology transfer, geological minerals.

20. laboratory analysis Center.

21. The information centre, geological storage.

22. Auditing and Technology Center.

23. The geological Museum.

24. The geological magazine.

In this, the organization from clause 1 to clause 9 is the organization that helps General Director perform state management functions; organizations from 10 to 24 account account is the business units directly under the General Directorate.

Article 4. The leader Of the Bureau


1. The General Department of geology and mineral Bureau 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 of geology and mineral Bureau functions, tasks, powers and organizational structure of institutions directly under the General Directorate of geology and mineral resources.

4. General Director of geology and mineral Bureau responsible to the Minister of natural resources and the environment, and before the law about the whole operation of the General Department of geology and mineral resources. Deputy General Director of geology and mineral Bureau responsible to the General Director of the Bureau of geology and mineral resources and the law on the areas of work are assigned charge.

Article 5. The effect and enforcement responsibilities 1. This decision has effect as from July 1, 2011.

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, central cities and General Director of the Bureau of geology and mineral resources is responsible for the implementation of this decision.