The DECREE regulates the Organization, Department, expertise on environmental protection in State agencies and State enterprises _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law on environmental protection on November 29, 2005;
Considering the recommendation of the Minister of the Interior and the Minister of natural resources and the environment.
The DECREE chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This Decree guiding the implementation of the law on environmental protection in 2005 about the Organization, Department, expertise on environmental protection at the State agencies and State enterprises.
2. This Decree shall apply to: a professional organization) on the protection of the environment ministries, ministerial agencies, government agencies (hereafter referred to as the Ministry);
b) Organization, the Professional Division of environmental protection of the State Management Agency and specialized law enforcement agency specialized (hereinafter referred to as the Department, General Directorate) Ministry, ministerial bodies;
c) organization specializing in environmental protection in the Department of natural resources and the environment (hereinafter referred to as the professional organization of the Environmental Protection Department of the provincial people's Committee);
d) expert on the protection of the environment and environmental resources Bureau in the people's committees, districts, towns and cities in the province (hereinafter referred to as the professional organization of the Environmental Protection Department of the people's Committee at district level);
indigenous officer)-build communes, wards and towns (hereinafter referred to as the main Local-level social construction);
e) professional organization, officer in charge of protecting the environment in the management of industrial zones, export processing zones, hi-tech zone, economic and management area names (hereinafter referred to as the economic zone management Committee);
g) organize expertise, officials in charge of environmental protection in the company, Corporation, State economic Corporation (hereafter referred to as State enterprises).
3. Objects not subject to application of this Decree include: a) the advisory organization, collaboration has responsibility relating to environmental protection;
b) business units (except the business units of State management under specialized agencies about the environment protection regulation in the points a, b and c of paragraph 2 of this Article);
c) Vietnam environment protection Fund; The environmental protection fund of the Ministry, local branches;
d) enterprise implementation of environmental protection services;
DD) Organization, non-governmental organizations of the community residential care services implementation of sanitation, environmental protection is regulated in article 116 environmental protection laws.
Article 2. Established principles and organization of activity of the Organization, Department, expertise on environmental protection 1. Organization, expert on the protection of the environment is established and functioning match the organizational requirements management streamlined, multidisciplinary, multi activity areas; ensure mainstreaming the implementation of the tasks of environmental protection into the programs, plans and activities in the industry, the field.
2. The establishment of specialised units or focal distribution and environmental protection are based on the nature and scope of the task, the State management authority or make laws about environmental protection in the industry, or sector specific areas under the provisions of the law on the protection of the environment.
3. Use flexible and facilitates recruitment, using officers, civil servants, public employees have the qualifications, professional in the specialized science and technology related to the natural and social environment suited to the work of environmental protection.
4. effective coordination between the specialized agencies of environment protection with the State bodies, organizations and individuals in the monitoring, implementation of the law on the protection of the environment in the industry, sectors, geographical areas and in mobilizing economic resources widely-society in the country and foreign financing international organizations, to carry out the task of environmental protection.
5. The recruitment, use, management public servants to do the work of environmental protection and the signing of labor contracts, implemented for environmental protection are subject to the provisions of the law on public servants and the provisions of relevant laws.
Chapter II Organization, EXPERT on the PROTECTION of the ENVIRONMENT of the Central STATE AUTHORITIES article 3. Professional organizations on the protection of the environment of the Ministry of natural resources and the environment, of the ministries in the Central 1. The Organization of the Agency, the unit helped the Minister of natural resources and environment of the State management of environmental protection are made pursuant to the Government about the functions, duties, powers and organizational structure of the Ministry of natural resources and the environment.
2. Establishment of Environmental Services at the Ministry of industry, agriculture and rural development, health, construction, transport, Fisheries Minister to help the Ministry mentioned above in the General staff, the Minister issued the Organization and implementation of laws, programs, plans and projects , the project on environmental protection in the industry, the field was assigned to manage.
As for The other ministerial agencies, we have the science and technology: rename the Service of science and technology in the Service of science, technology and environment for staff, the Ministers, heads of the aforesaid Agency issued and implementation of legal documents, program , plan, project, project on Science, technology and environmental protection in the industry, the field was assigned to manage.
Ministries, ministerial agencies might formed the business units serve the management of environmental protection such as: Center for environmental monitoring in the field, specialized and specialized information centres have the task of handling and provide information about environmental management in the field of , majoring in management.
3. The Ministry of public security police force crime investigation to investigate, handle the violations of the law on the protection of the environment in accordance with the law. The organisation and active police force crime investigation by the Minister of environment of public security decisions.
Article 4. The Organization, the Professional Division of the environmental protection Bureau, the General Department of the Ministry, ministerial bodies 1. The required base, the volume of the mission on the protection of the environment, established Professional Division duty staff, help the Bureau Chief, General Director of environmental protection when eligible: a) the function of State Management specialization of the Department, General Directorate of directly related to environmental protection in mining activities , use of natural resources or in production, services and activities in public or in organized fighting force, fight crime, violates the law on the protection of the environment;
b) within the organizational structure of the Department, Bureau, Committee rooms, professional service units have responsibility concerning the environmental protection work in the function of State Management specialization of the Department, General Directorate;
c) Have Agency (or Bureau directly under the General Directorate) vertical organization and business units directly under the Department, General Department located at many local (from 3 provinces, central cities and over).
2. With regard to the Bureau, the Directorate has the responsibility regarding the Environment Protection Department of the State management functions of the Department, General Directorate but not sufficient condition referred to in paragraph 1 of this article shall have a Department or public officer dedicated or dedicated sales professional to help clue do Chief , General Director of environmental protection.
3. The Bureau, the General provisions of paragraph 1 of this article may have business units serve the management of Environmental Protection Department of the Bureau, the Directorate, including: a) the Center for environmental monitoring in the field, specialization;
b) specialized information centres have the task of handling and provide information about environmental management in specialization.
Article 5. The duties and powers of the organization specializing in environmental protection of the State bodies in Central 1. Advised Ministers, heads of ministerial-level agency or Bureau Chief, General Director (hereinafter referred to as the heads of State administration at the same level) construction, direction, implementation of programs, planning, plan on protection of the environment within the scope of the function or integrating environmental protection into content strategy , program planning, planning, industry, or agency field units; join the appraisal report of investigation, assessment and strategy, planning, plan, exploitation, protection and rational use of natural resources in the scope of management.
2. Advise heads of State management bodies the same level recommendations with the competent State agencies issued, published application and adjustment of environmental standards, environmental quality and environmental waste consistent with the particularities of the sector activities, the field in the scope of State management and load of the environment; recommended measures for the effective application of the standards in the field of environment was assigned to manage in accordance with the law.
3. the Chief of Administration for heads of State at the same level in the direction, implementation of tasks: establishment and evaluation of the environmental assessment report, the report on environmental impact assessment; management and control of waste, noise, vibration, light, radiation; prevention, environmental incident response, environmental pollution, restoring the environment; information and reports the current state of the environment and the construction of other resources to serve environmental protection according to the provisions of the law.
4. Monitor, check the implementation of the law on the protection of the environment for the individual organization administered and organized, active individuals in the industry, in the field of range management; findings and recommendations or the processing is handled by the authority with regard to the violations of the law on the protection of the environment; chairing or participating in settlement resolved under the jurisdiction for complaints, accusations, disputes over environmental and compensation related to the environment.
5. Advocacy, education law, the international treaties related to the protection of the environment within the scope of the functions and tasks assigned.

6. Chaired or participated in, the coordination of international cooperation projects related to environmental protection in the industry, the field.
7. Guide the Organization perform monitoring the impact on the environment in the scope of governance; statistics and management system database the environment related to the assigned task.
8. The organization of scientific research, forecasting, warning about the environment; development, application and transfer of technology on the protection of the environment; in collaboration with agencies, units in the implementation of the environmental protection services in the field of management.
9. Coordinate with organizations specializing in environmental protection of the Ministry of natural resources and environment, Department of natural resources and the environment, resources and the environment, the environmental protection fund in the Guide, deployment of applications to develop environmental protection services in the operation of the institutions the unit, under the control of management.
10. the recommendations presented the award, rewarded for environment protection organizations, individuals in the competent management.
Chapter III organization, EXPERT on the PROTECTION of the ENVIRONMENT of the local STATE AUTHORITIES article 6. Professional organization of environmental protection in provincial people Committee 1. The Department of natural resources and the environment to help the provincial people's Committee in implementing the tasks and powers of State management of environmental protection in the province level specified at points b, c, d, e, f and g of paragraph 1 Article 122 environmental protection laws.
2. Reorganize the room to protect the environment or working environment protection and environmental resources department to upgrade the environmental protection agency (hereinafter referred to as the Agency) under the Department of natural resources and the environment.
a) Bureau functions advised the Director of the Department of environmental and natural resources issued by the authority or the authority issued, approved the text of the law, program, plan, project, project on the protection of the environment in the province, central cities and organizations make the laws , program, plan, project, project on the protection of the environment by the State authorities at the Central, provincial people's Committee, the Director of the Department of natural resources and Environment approved or issued.
b) Bureau has legal personality; seal, the headquarters working; have an account at the State Treasury or banks. Staffing of administrative Bureau consists of the existing administration of payroll Room for environmental protection or environmental protection division in the Department of natural resources and the environment. Payroll Bureau's career by the Agency have jurisdiction to decide in accordance with the law. Funding of activities of the Bureau are the State budget guarantees prescribed by law.
c) Ministry of natural resources and the environment, in collaboration with the Ministry of the Interior specifies the tasks, powers, payroll administration, staffing and organizational structure of the Department of environmental protection.
d) the Organization back in the room to protect the environment or working environment protection and environmental resources department to upgrade the environmental protection Bureau in the Department of natural resources and the environment must be completed before 31 July 2007.
DD) based business needs and funding environmental career was delivered, the Director of the Department of natural resources and environment of the provincial people's Committee decided the delivery of staffing for the career business units serve state management of environmental protection of the Department.
Article 7. Professional organizations on the protection of the environment in the district-level people's committees 1. Resource room and the environment helps people at district level Committee performs the duties and powers of State management of environmental protection on the district level specified at points b, c, d, e, f, g and h clause 2 Article 122 environmental protection laws.
2. The Chief of the environmental and resources assigned to leading cadres in charge of rooms and layout the servant helps make the task of State management of environmental protection of personnel payrolls, servant of the room environment and resources such as the following: a) The plain districts; the Islands are a national nature reserve or; the County; the city in the province; the town has a population of 35,000 people from the layout from 02 to 03 public servants;
b) Middle, mountainous districts, the other islands and the town has a population of under 35,000 men deployed from 1 to 2 public servants.
3. The base needs the work on environmental protection, President of the people's Committee at district level can authorize the Chief of environmental resources and labor contract to perform the task of supporting the work of environmental protection. Funding for the implementation of the labor contract was taken from funding the environmental protection career level for districts.
Article 8. The assigned committees to help township-level governance township on the protection of the environment 1. The main Local-build social helps people's Committee of social duties and powers of State management of environmental protection in the social provisions in paragraph 3 Article 122 environmental protection laws.
2. Base business needs, characteristics of local environment protection, Chairman of people's Committee of social workers can be contracted to perform the task of supporting the work of environmental protection of the main-building. Funding for the implementation of the labor contract was taken from funding the environmental protection career for granted.
Chapter IV organization, EXPERT on the PROTECTION of the ENVIRONMENT in ECONOMIC MANAGEMENT and STATE ENTERPRISES article 9. Organization, expert on the protection of the environment in the economic zone management Board 1. Chief economic zone management arrangement 02-03 staff in the room (Board) manages the planning, building and the environment to perform the duty to protect the environment of the economic zone management committee.
Specialized base of local management and business needs, the economic zone management Committee was established to manage the environment when there is enough staffing from 4 persons have expertise on the protection of the environment.
2. The Management Board specifies the duties and powers of the professional organizations or officials in charge of environmental protection in economic areas.
Article 10. Organized, professional Division, officer in charge of environmental protection in the State Enterprise Board (for the business for the Board) or the Director General, the Director of State enterprises must assign leading cadres, executive producer, in charge of the business and is responsible for implementation of the provisions of the law on the protection of the environment; There are professional staff departments, assist the Director General or directors in handling environmental issues related to the production activities of the business trading units and of the members (if any); established dedicated force or sale are dedicated to responding to environmental issues and periodically check the operation of the force under the provisions of the law.
Chapter V IMPLEMENTATION and ENFORCEMENT of the TERMS of article 11. Implementation 1. The Minister of natural resources and environment is responsible for: a) presiding, in collaboration with the Minister of the Interior instructed about the Organization and activities of the business units serve the governance or public services on the protection of the environment; enactment of the plan, the content of the training program, fostering legal knowledge and professional expertise on the protection of the environment for public officials in charge of environmental protection;
b) issued the regulation on coordination among specialized agencies, officials in charge of environmental protection with State agencies, unions, and non-governmental organizations, the press agencies in advocacy, monitoring the implementation of the law on the protection of the environment; guidance on eligibility, level of use of facilities, equipment, staff expertise on environmental protection.
2. the Ministry of the Interior Minister decided to supplement the payroll targets and guide the ministries, provincial people's Committee arranged staffing officers, servants, employees and expertise on environmental protection consistent with the provisions of this Decree.
3. The Minister of finance, in collaboration with the Minister of natural resources and the environment specifies an expense of the Organization's activities, professional Division, officer in charge of protecting the environment and the cost of implementing the labor contract provisions in paragraph 3 article 7, paragraph 2 article 8 of this Decree.
4. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the grant, the head of the Management Board of industrial zones, export processing zones, hi-tech zone, economic zones, the Management Board has another name, the Director General, the Director of the State enterprise has responsibility pursuant to this Decree, , the provisions of the law on the protection of the environment, the assignment of specific tasks and create conditions for the organization or individual to help steer, guide, test and co-ordinate implementation of the law on the protection of the environment within the scope of its powers, duties.
Article 12. The effect and enforcement responsibilities 1. The Decree has effect after 15 days from the date The report.
2. The Minister of natural resources and environment is responsible for chairing, in collaboration with the Minister of the Interior and the Ministers, heads of relevant agency Guide and check the implementation of this Decree.
3. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities, head of the Management Board of industrial zones, export processing zones, economic zones, high-tech zones, the Management Board has a different name; The Board, the Director, General Director of the company, Corporation, State economic Corporation is responsible for the implementation of this Decree.