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Decree 25/2008/nd-Cp: Functions, Tasks, Powers And Organizational Structure Of The Ministry Of Natural Resources And The Environment

Original Language Title: Nghị định 25/2008/NĐ-CP: Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Tài nguyên và Môi trường

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The DECREE stipulates the functions, tasks, powers and organisational structure _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
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;
Considering the recommendation of the Minister of natural resources and the environment and the Minister of the Interior.
DECREE: article 1. The position and function of the Ministry of natural resources and environment is the Government's authority, make state management functions in the areas of: land; water resources; Geology, mineral resources; the environment; meteorology, hydrology; measurements, maps; integrated management and unified about the sea and Islands; the State management in the field of public services in the scope of management.
Article 2. Duties and powers of the Ministry of natural resources and environment, perform the duties and powers stipulated in Decree No. 178/2007/ND-CP dated 3 December 2007 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies and those duties, the following specific powers : 1. Process of Government bills, draft resolutions of the National Assembly, the French project command, the draft resolution of the Committee of the National Assembly, the draft resolution, the Decree of the Government under the program, plans to build the Ministry's annual law was approved and the project, the project under the Government's assignment.
2. The Prime strategy, development planning, long term plan, annual and five year; the program, national projects in the field of governance; the draft decision, the directive of the Prime Minister.
3. Promulgation of decisions, directives, circulars; construction, published under the authority of the standard base or the Minister of science and technology announced the national standards; construction, issued national technical regulation in the fields in the range State management of the Ministry after the Ministry of science and technology evaluation.
4. Steer, guide, inspect, check and responsible implementation of these legal texts, strategy, planning, the plan has been approved by the competent authority in the scope of the governance; information, advocacy, education, common law of the realm in the scope of management of the State.
5. On the land: a) direction, testing and implementation of the national programme strategy, the long-term plan of management, use of the land after it was approved by the Prime Minister;
b) presided over the planning of land use plans, the regions and the country; evaluation planning, land use plan by the provincial people's Committee, the central cities and urban planning, land use plans on defense purposes, security; instructions and check the implementation after approval;
 c) presiding, in cooperation with the relevant Ministries of construction, the Government issued, adjust the framing the soils; the Guide method of determining the price of land and check the identification of land; guide the resolution of the case to determine the price of the land; direction, guidance, testing and implementation, and providing general information on the land price data;
d) instructions, check: surveying, geodesy, cadastral mapping, map the current state of land use and land use planning maps; establish, regulate zoning, land use plans; the delivery of land, land, land rental, transfer the land use purpose; the registration of land use and ownership, use of assets associated with the land; the establishment and management of record; the certification of land use and ownership, use of assets associated with the land; the implementation of the rights and obligations of users of the land under the provisions of the law;
DD) directing, instructing, test and implement the land inventory, stats, reviews of land; market management of land use in the real estate market in accordance with the law;
e) Guide, examine the implementation of the conditions and procedure of public service activities in the management of land use, in accordance with the law; manual operation of the land fund development organization, registered office of land use;
g) Guide, test, implementation of the provisions of the law on compensation, resettlement and assistance; hosted, in cooperation with the ministries involved guidance on handling the problems of land prices, property prices associated with land and compensation policy, support and resettlement at the suggestion of the Committee; Guide to the identification of users of land subject to compensation, are supported or not for compensation, are not supported as the basis for the calculation of compensation, support; certificates of land use and ownership, use of assets associated with the land for the relocation; regulations and guidelines on land management in the resettlement areas;
h) presided, in cooperation with the relevant agencies to build, issued under the authority or the authorized, issued and instructions, check the implementation mechanisms, financial policy on land in the collect money when land, land rental purposes for land use, land , recognition of land use, the Land Fund under the development planning; steer, guide, check the recovery of land, land development, land use right, tender tender land use projects;
I) release and manage the use of embryos for certificates of land use and ownership, use of assets associated with the land;
k) directing, instructing, testing and implementation to resolve land disputes in accordance with the law.
6. On water resources: a) directing, guiding and organizing the implementation of laws, mechanisms, policies on water resources after the issuing authority;
b) directing, instructing, examining the implementation of the strategy, water resources planning and programs, the overall plan of prevention of degradation, exhaustion of water resources exploitation, use and sustainable development of water resources, after being approved by the Prime Minister;
c) chaired the construction planning, management plans and measures to use water resources in ensuring sustainable development, serving the most targeted and proactive prevention of degradation, the exhaustion of water sources;
d) decides the classification, established contacts, water sources (rivers, lakes, streams and other natural water reservoir); the construction, announced the base standard or the Minister of science and technology announced the national standards; construction, issued under the authority of the national technical regulation on the use and protection of water resources as stipulated in paragraph 3 of this article;
DD) instructions, check the implementation of the provisions of the law on determining the threshold limit for the water of the River, the water layer, water reserve areas, limited areas of underground water extraction; hosted, in cooperation with related agencies to manuals, check the harmonic plan, water resources distribution between sectors, the provinces and territories within the country;
e) build, manage and exploit water resources observation network; Organization to perform basic investigations, inventory, assessment of water resources within the country; notice of potential water supplies to the industry, the local zoning plan, building water use, saving and efficiency;
g) organize specialized planning evaluation of extraction, water use, water transfer projects between the rivers due to the ministries, local building before the approval authority as prescribed by law;
h) chairing or coordinating with relevant agencies to build, issued under the authority or the authority to enact the mechanisms, policies, taxes, charges and fees other revenue sources, and other forms of incentives relating to the extraction, use and protection of water resources;
I) Guide, test and implement the grant, revoke the licence on water resources in accordance with the law;
k) implementation of measures of protection, water pollution prevention, restored degraded water resources, exhausted after being approved by the Prime Minister;
l) do the clues, the Prime Minister chaired the international cooperation in the field of water resources; instructions, check the implementation of the international treaties to which the Socialist Republic of Vietnam signed or joined to develop sustainable, equitable, reasonable in exploitation, international water resources use; the exchange of information related to international water resources; hosted, in cooperation with the agencies involved in the resolution of disputes in international water resources;
m) National Council on water resources in the Mekong River Commission, Vietnam.
7. On mineral resources and Geology: a) the direction, test, implementation planning basic geological investigation of mineral resources within the country after the Prime Minister for approval;
b) identify areas of mineral resources has been investigated, reviews; delineated areas with toxic minerals, notify the Commission of the central cities, and bodies relate to management and protection;
c) presiding, in cooperation with the relevant authorities decided the exploitation and mining permit in the area of investment projects of national importance or critical works under the control of investment policy decision of Parliament, the Prime Minister has been investigated , evaluation of mineral resources or have not been investigated, reviews that have detected minerals;
d) organizations make basic investigation of geology minerals; regulating the establishment, the evaluation survey, the exploration of minerals, project content the basic geological investigation of mineral resources; the organization assess the survey of mineral exploration, in accordance with the law; the Organization implemented the registration, collection and synthesis of results of basic geological investigation, geological fundamental investigation of mineral resources, state management situation of mineral resources and geology on nationwide under the provisions of the law;

DD) chairing or coordinating with relevant agencies to build, issued under the authority or the authority to enact the mechanisms, policies, taxes, charges and fees other revenue sources, and other forms of incentives relating to the exploration, exploitation and protection of mineral resources;
e) Guide, test and implement licensing survey, exploration, exploitation and processing of minerals in accordance with the law;
g) Council reviews the mineral reserves.
8. About the environment: a) instructions, testing and implementation of policies and legislation on environmental protection, including: prevention and control of pollution and environmental degradation; nature conservation and biodiversity; improve and enhance the quality of the environment;
b) instructions, check the implementation of the national technical regulation on the quality of the environment, national technical regulation on waste in accordance with the law; instructions, check the implementation of the environmental standards in the planning, development plans of ministries, sectors and localities;
c) building, issued by the authority or the authority issued the directive, environmental indicators; national environmental reports, thematic reports on the regulatory environment; the Organization reviews, predictions and load status of the components of the environment according to the area and the region on the nationwide; guide the ministries and people's committees of provinces and cities under central in the current state of the environment reporting, report the situation to the environmental impact;
d) instructions, check the evaluation, approval of the environmental assessment report, the report on environmental impact assessment, sign a commitment to protect the environment within the country; Organization of appraisal report strategic environmental assessment; Organization of appraisal, approval of the report on environmental impact assessment in the jurisdiction;
DD) directs and coordinates the Organization investigate, identify contaminated environmental area in the province, country; guide the determination of damages and the Organization overcome pollution, degradation, improve environmental quality;
e) guide the establishment, modification, Supplement to catalogue the basis of serious environmental polluters and check, the inspector responsible for processing, recovery of basis in accordance with the law;
g) Guide, examine the implementation of the provisions of the law for the conservation of nature and biological diversity in the range of functions and duties in accordance with the law;
h) presided over the establishment and implementation of the planning system overall national environmental monitoring; instructions, check the environmental monitoring activities, check out the standard of environmental monitoring equipment; directs construction of unified data management and environmental monitoring;
I) issued the list of bio product used in the prevention, mitigation and treatment of waste, biological products pollute the environment are banned; Guide to the examination, evaluation and appraisal of equipment, waste treatment facilities before putting into operation; the Guide, check out the work of the environmental assessment under the provisions of the law;
k) Guide and organize the implementation of the registration, accreditation basis, environment-friendly products; environmental licensing under the provisions of the law; the route number system, rules applying to national technical regulation on waste according to area, consistent with industry load of the environment;
l) chairing or coordinating with relevant agencies to build, issued under the authority or the authority to enact the mechanisms, policies, taxes, charges and fees other revenue sources, and other forms of incentives relating to environmental protection; Chair, General, balancing the needs of funding annual environmental career of ministries, sectors, localities and coordinated with the Ministry of finance the authority to review the decision; Organization, management of environmental protection Fund and the Vietnam national focal agency of the Global Environment Fund in Vietnam.
9. About meteorology, hydrology and climate change: a) the direction, implementation of the long-term plan and development of meteorological, hydrological network countries; hosted, in cooperation with related agencies in building and directing the implementation of the overall strategy of national disaster warning, forecasting;
b) instructions, check the implementation of the provisions of the law on the protection of technical safety corridors for the meteorological, hydrological works; about the move, meteorological hydrological works belonging to special categories and in the international press networks in accordance with the law;
c) direction and organization to perform basic investigations, predictions, meteorology and hydrology; the organisation, management system of observation, hydrology; the Guide, check out the handle, manage and exploit information, data on meteorology, hydrology, prescribed by law; Verify that the use the basic census data on meteorology, hydrology for the works projects of the national key construction and public works construction projects, under the control and management of investment decisions of Ministers, heads of ministerial agencies, heads of government agencies , Chairman of the provincial people's Committee, the central cities in accordance with the law;
d) Regulation registration, grant, revoke the license of hydrological, meteorological as prescribed by law;
DD) Organization guidance and evaluation of investment projects to build, renovate, upgrade the meteorological, hydrological works;
e) organized the monitoring and evaluation of the impact of climate change for natural conditions, human and socio-economic conditions; in collaboration with the ministries, local relevant suggestions and recommendations on the appropriate response measures to the authority for approval;
National focal agency is implementing the Kyoto Protocol and other international treaties relating to climate change; grant the certificate validation for projects consistent with the clean development mechanism for the Organization, individuals are required;
National focal agency is implementing the Montreal Protocol on substances that Deplete the cell floor-zôn; guide the import conditions, the export of the substances that degrade the cell floor-zôn prescribed by law;
g) Guide and check the implementation of the regulation predicts disaster, warning of earthquakes, tsunamis, typhoons, tropical depressions, floods, flood and tide; Guide to the provision and use of information about hurricanes, tropical depressions, floods, floods, earthquakes, tsunamis and the tide.
10. About surveying and map: a) guide the Organization and implementation of national key project of surveying and mapping, surveying and mapping disciplines in the management of the range after the Prime Minister for approval;
b) implementation the creation, update, manage, exploit the system technical infrastructure and basic map measurements, including: national reference system, the original national data system, points system to measure national base, the system of national satellite navigation station no system, basic background information database of national geographic;
c) regulations, instructions and check the inspection, testing, maintenance instrumentation, ensure national standard derivatives of surveying and map; the management, exploitation, use and provision of information, data measurement and map;
d) project evaluation organization to measure and map the key by the Ministry, ministerial-level agencies, provincial people's Committee, the central city in the Government of Prime Minister;
 DD) organization registration, grant, revoke the license of activity measurements and map; check the publication, released a map; suspend the issuance and revocation of direction the publication map rules of law;
e) presided, in cooperation with the Ministry of the Interior organizes measurements, mapping of service assignments, administrative boundary adjustments prescribed by law; evaluation of the administrative boundary line expression of the administrative units of the levels on the map type;
g) presiding, in cooperation with the Ministry of Foreign Affairs held the measurement, mapping, material serves the negotiation, planning and bounds of national borders, the waters, the exclusive economic zone and the continental shelf of Vietnam; evaluation of the expression of national borders on a map; printing, release the map type, the documentation related to the national border on the land, the waters, Islands, exclusive economic zone and the continental shelf of Vietnam;
h) founded, we adjust, publish and release the product map as prescribed by law.
11. General management and unified about the sea and Islands: a) presided over the construction and implementation of marine Vietnam strategy and general policies, mechanisms aimed at management, exploitation of natural resources and protection of the marine environment and sustainable island after the competent State agencies;
b) Guide and implementation master plan, partition the sea as a basis for the Organization of the extraction, use and protection of resources, social-economic development of the sea and Islands Vietnam; instructions, check the implementation of long-term plan, scheme, project on basic investigative resources and the marine environment, marine scientific research and the ocean after it was approved by the Prime Minister;
c) presiding, coordinating or proposing authority to solve the problems on the management and exploitation of marine resources and interdisciplinary, inter island;
d) approving and directing the implementation of the annual and five-year plan on basic investigation, marine scientific research and the oceans integrated management programs, resources and the environment in the coastal region of the function, the tasks of the Ministry;
DD) join building strategies, policies on defense, security, Foreign Affairs related to the sovereignty, sovereign rights and jurisdiction over their Vietnam marine and national mechanisms, the policy on the management of the resource extraction lines of the sea due to the ministries, local host;
e) is the focal point of synthesis, evaluation of social-economic potential related to the sea and island of Vietnam; the Organization analyzes, reviews, predictions about the happenings, the dynamics related to the exploration, scientific research, international cooperation and the protection of the sovereignty of Vietnam;

g) construction planning, investment planning, use and exploit the governing works, specialized media research service, survey resources and the marine environment in accordance with the law;
h) statistics, sorting, evaluating the potential of the waters, island, Islands, submarine Beach in Vietnam's sovereignty;
I) member of the Steering Committee of the State on the East Coast and the Islands.
12. organizations to perform statistical, inventory, store data, data on the areas within the Department's management under the provisions of the law.
13. Direction, organizing research activities, application deployment, progress of science and technology in the field of management of the domain; editorial organization, published the following publications on resources and the environment in accordance with the law.
14. International cooperation in the areas of: land, water resources, mineral resources, environment, geology, meteorology, hydrology, surveying, map, sea and Islands under the rule of law; the organisation of talks, signed international treaties under the authorization of State competent bodies; signing of the international agreement on behalf of the Ministry; join the international organization as assigned by the Government.
15. To organize and direct the implementation of the administrative reform of the match goal and program content the State administrative reform after the Prime Minister for approval.
16. Directing the construction, the Authority decided to and guide the implementation of the development plan career organization network, public services and mechanisms, policies on providing public services, socialization of services in the field of management of the domain.
17. Guide for the society, associations, non-governmental organizations participated in the work of the industry; check the implementation of the provisions of the law for the Association, associations, non-governmental organizations in accordance with the law.
18. the representative made the owner of the State's stake in the businesses of the Ministry in accordance with the law.
19. organization management, payroll; directs the implementation of salary mode and the policy, policies, reward, or discipline for public servants in the scope of management of the Ministry; training, team building, training officers, public servants jurisdiction; issued professional standards, business turnover in the sector officials, by the assignment areas, decentralization of management after evaluation of the opinion of the Ministry of the Interior; built to professional standards, business turnover in the sector, in the field of public servants by the Ministry was assigned to manage the decentralization process, the Ministry of the Interior issued; enact specific professional standards of Heads of specialized agencies in the field of industry, in management by the provincial people's Committee, the central cities.
20. The inspection, check; complaints, accusations; Prevention of corruption, negative and handle violations of law in the field of management of the domain according to the provisions of the law.
21. financial management, asset management, and use of the State budget are granted according to the provisions of the law.
22. Perform other duties, other powers by the Government, the Prime Minister delivered or under the provisions of the law.
Article 3. Organizational structure 1. International Cooperation Department.
2. Service plan.
3. Science and technology.
4. Service legislation.
5. Financial Services.
6. Service emulation-rewarded.
7. Service personnel.
8. The inspection.
9. The Office.
10. The General Department of Sea and Islands Vietnam.
11. The General Department of the environment.
12. Bureau of land management.
13. Geology and mineral Bureau of Vietnam.
14. The Bureau of surveying and map of Vietnam.
15. water resources management Department.
16. The information technology Bureau.
17. The Bureau of meteorology hydrology and climate change.
18. the Department's representative offices in Ho Chi Minh City.
19. Hydro-Meteorological Center.
20. The Centre of planning and investigation of water resources.
21. national remote sensing centre.
22. The Institute strategy, resource and environmental policy.
23. The resource and Environment Report.
24. Resource and environment magazine.
In this, the specified unit from clause 1 to clause 18 is the unit help Ministers make state management functions; the specified unit from account to account is 24 19 business units serve state management functions of the Ministry of natural resources and the environment.
Bureau of geology and mineral resources Bureau has put Vietnam in Ho Chi Minh City Branch in Danang city. The Bureau of surveying and mapping Bureau have put Vietnam in Ho Chi Minh City. The Department's representative offices in Ho Chi Minh City held in the room.
The Minister of natural resources and environment, the Prime Minister issued decision functions, tasks, powers and organization of the General Department of Sea and Islands, Vietnam environment administration, Bureau of land management, the Centre national Hydrometeorogical; the Prime Minister issued decision list of other existing career organization directly.
Article 4. Effect 1. The Decree has effect after 15 days from the date The report and replacing Decree No. 91/2002/ND-CP dated 11 November 2002 from the Government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment.
2. Annuls the previous provisions contrary to this Decree.
Article 5. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.