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Circular 3/2010/ttlt-Btnmt-Bnv: A Guide To The Functions, Duties, Powers, Organization And Staffing Of The Department Of Sea And Islands Department Of Natural Resources And The Environment

Original Language Title: Thông tư liên tịch 26/2010/TTLT-BTNMT-BNV: Hướng dẫn chức năng, nhiệm vụ, quyền hạn, tổ chức và biên chế của Chi cục Biển và Hải đảo trực thuộc Sở Tài nguyên và Môi trường

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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 the environment;

Pursuant to Decree No. 48/2008/ND-CP on April 17, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of the Interior;

Pursuant to Decree No. 13/2008/ND-CP DATED April 2, 2008 Government's regulation organization to the professional body in the people's committees of provinces and cities under central;

Pursuant to Decree No. 25/2009/ND-CP on 06 March 2009 by the Government on the integrated management of resources and environment protection of the sea, Islands;

Ministry of natural resources and environment and the Ministry of Interior instructions about the functions, duties, powers, organization and staffing of the Department of Sea and Islands Department of natural resources and environment of the province, central cities (hereafter referred to as the provincial level) as follows: article 1. The position and function 1. Bureau of the sea and Islands are organized directly under the Department of natural resources and the environment, help the Director of natural resources and the environment advised the provincial people's Committee to implement state management functionality and unified management of the problems of the sea, the island province-level areas.

2. Bureau of the sea and Islands has legal personality, seal, private account, based and active funding due to State budget level as prescribed by the law.

3. Bureau of the sea and Islands subject to the direction, the organizational management, staffing and operations of the Department of natural resources and the environment; at the same time under the guidance of professional expertise of the General Department of Sea and Islands Vietnam Ministry of natural resources and the environment.

Article 2. Duties and powers 1. Staff help Director of natural resources and environment of the authority: a) the draft legal text, planning, plan, program, project, project governance and management consistency problems on the sea, the island;

b) the draft text of the specialist planning extraction, use of resources of the sea and Islands, network planning services, the project of establishment of marine protected areas, conservation zones and coastal wetlands are the responsibility of management of the Department of natural resources and the environment;

c) draft text evaluation or licensed investment projects construction equipment, mining projects, using the resources of the sea, the coast and Islands under the rule of law.

2. Implementation of the legal text, planning, plan, program, project, projects, standards, technical standards, technical-economic norms in the field of sea and Islands have been issued, the authorized approval.

3. Guidance and governance systems for managing the problems of the sea, the island for public officials and environmental resource Room at district level.

4. Coordination with the authorized State agency planning for socio-economic development planning, specialized in extraction, use of resources, coastal waters and Islands on the management of the Department; proposes the adjustment mechanisms, policies to attract, encourage and ensure the rights of organizations and citizens on the islands coastline, spending money (if any).

5. Statistics, resource assessment, the potential and the reality of exploitation, the use of the waters, the coast, Islands and proposed mining needs, use of resources and protect the marine environment, the local Islands.

6. Implementation of the order and procedure of registration, the license before the Director decide for operated tap, use the resources of the sea and Islands of the Organization, the individual provisions of the law and the hierarchy of the State bodies are competent.

7. Implementation Monitoring and trend forecasting volatility fluctuations; identify the vulnerable coastline and major change (the beach, the sea erosion, the sand coast, forests and coastal wetlands) on the area of management; proposed management solutions, protecting the coastline with the competent State bodies.

8. Investigation and pollution control, environmental degradation the sea and Islands from the resources generated by mining operations, using the sea, Islands and the incident or disaster; done deal, troubleshoot the environment the coast; in collaboration with the environmental protection agency reports the current state of the marine environment, Islands in the scope of responsibility of local management.

9. Implementation of scientific research, development, application technology, coastal sea; collect, build a database of resources and the marine environment, on the island of local management.

10. Implementation of the international cooperation activities related to the sea and Islands in the function as assigned by the Director of the Department of natural resources and the environment.

11. the Chair, in cooperation with the relevant agencies made popular, the education law of the sea, Islands and advocacy, community awareness about the management, protection and exploitation, the sustainable use of the sea, Islands.

12. testing, monitoring and proposals processed or handled under the jurisdiction the violation in accordance with the law; host, coordinating dispute resolution, complaints between organizations and individuals about the exploitation, use of resources and protect the marine environment, the local Islands by the authority are decentralized.

13. the management of the Organization, staffing officer, servant, financial, property of the genus of sea and island Bureau according to the hierarchy of the Director of the Department of natural resources and environment and in accordance with the law.

14. Prepare periodic reports, information or irregular results and governance systems for managing the problems of the sea, the island of the sea and Islands at the request of the competent State bodies.

15. Perform other duties by the Director of the Department of natural resources and environmental affairs.

Article 3. Organization and staffing 1. Agency leadership: a) branch of the sea and Islands to have the genus Bureau Chief and Deputy Bureau Chief of no more than 20; Genus Director responsible to the Director of the Department and before the law about the whole operation of the Bureau; Deputy Bureau Chief responsible to the Bureau Chief and before the law about work is assigned;

b) the appointment, dismissal and resignation of Chief, Deputy Bureau Chief of Bureau made under the provisions of the law and the hierarchy of the provincial people's Committee.

2. Organization structure: a) General staff organizations and professional: based on the workload, the nature, characteristics and governance systems for managing the problems of the sea, the local Islands, the Director of the Department of natural resources and the environment, in collaboration with the Director of the Department of the Interior process of the people's Committee Chairman granted the specific decision the number and names of institutions in Sea and Islands, number 02, Administration-General and business Rooms on the sea and Islands.

b) organized the enterprises Bureau of the sea and Islands: based on characteristics, the specific conditions and needs of the local, the Director of the Department of natural resources and the environment, in collaboration with the Director of the Department of the Interior process of the people's Committee Chairman granted the province decided to establish the Center for investigations and reviews resources-the marine environment , Islands.

3. Staffing: a) the payroll of public servants of the sea and Islands include: Bureau Chief, Deputy Bureau Chief and the departments of the profession, the Bureau is located in the total staffing of the Department of natural resources and the environment by the provincial people's Committee.

Bureau Chief identified the total payroll employment placement officer, the functions, tasks and structure of Sea and Islands to the Director of the Department of natural resources and the environment, in collaboration with the Director of the Department of the Interior the provincial people's Committee decision, ensuring adequate staffing public servants perform management duties and State unification the management problems of the sea, the island.

b) Payroll Bureau's career at sea and Islands by the Director of the Department of environment and natural resources total staffing of the Department of natural resources and the environment are the provincial people's Committee.

Article 4. Implementation 1. The Department of natural resources and environment of the province, central cities (for the seaside, Island), in collaboration with the Department of the Interior the provincial people's Committee decided to set up branch of the sea and Islands on the basis of the reorganized Sea and island Rooms or rooms with a different designation performing the State management of the sea and Islands under the guidance in this circular; guide the people at district level Committee functions, tasks, powers and duties payroll governance General and unified management of the problems of the sea, the island on the district level.

2. The President of the people's Committee in the province, central cities (for the seaside, Island) is responsible for organizing the implementation of this circular.

Article 5. Effect 1. This circular effect after 45 days from the date of signing.

2. Annul the instructions on setting up the room or Rooms with sea and island specified in point b of paragraph 2, section III, section I joint circular No. 03/2008/TTLT-BTNMT-BNV on July 15, 2008 of Ministry of natural resources and environment and the Ministry of the Interior guidance functions, tasks, powers and structure of the specialized agencies on resources and environment in the Committee people of all levels.

3. in the implementation process if there are difficulties and obstacles, the proposal of the central cities, reflects on the resource and Environment Ministry to coordinate with the Ministry of the Interior reviewed, resolved according to jurisdiction./.