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THE GOVERNMENT
No. 91/2002/ND-CP |
SOCIALIST REPUBLIC OF VIETNAM Hanoi, 11 November 2002 |
DECREE OF THE GOVERNMENT
Defining the Functions, Tasks, Powers and Organisational
Structure of the Ministry of Natural Resources and Environment
THE
GOVERNMENT
Pursuant to the Law on Organisation of the Government of December 25, 2001;
Pursuant to Resolution No. 02/2002/QH 11 dated August 5, 2002 of the first session of the XIth National Assembly, of the Socialist Republic of Vietnam prescribing the list of ministries and ministerial-level agencies of the Government;
Pursuant to the Resolution No. 11/2002/NQ-CP dated October 04, 2002 of the Government’s regular meeting held in September 2002;
Pursuant to Government’s Decree No. 86/2002/ND-CP dated November 5, 2002 defining the functions, tasks, powers and organisational structure of the ministries and ministerial-level bodies;
Upon the proposals of the Minister of Natural Resources and Environment and the Minister of Internal Affairs,
DECREES
Article 1. Position and Function
The Ministry of Natural Resources and Environment is a governmental body, which carries out the state administration of land resources, water resources, mineral resources, the environment, hydro-meteorology, surveying and mapping all over the country; conducting the state management of public services and acting as the state representative for the ownership of the state capital in state invested enterprises in the fields of land resources, water resources, mineral resources, the environment, hydro-meteorology, surveying and mapping in accordance with the laws and regulations.
Article 2. Tasks and Powers
The Ministry of Mineral Resources and Environment is responsible for carrying out those tasks and powers prescribed in the Government’s Decree No. 86/2002/ND-CP of November 05, 2002 defining the functions, tasks, powers and organisational structure of ministries, ministerial-level bodies, as well as the following specific tasks and powers :
1. To submit to the Government draft laws and ordinances and other legal documents in respect of land resources, water resources, mineral resources, the environment, hydro-meteorology, surveying and mapping;
2. To submit to the Government strategies, development master plans, long term, annual and five-year plans in respect of land resources, water resources, mineral resources, the environment, hydro-meteorology, surveying and mapping, and other important projects of the Ministry;
3. Within its own competence, to promulgate legal documents and criteria, procedures and rules, technical-economic norms in the fields of land resources, water resources, mineral resources, the environment, hydro-meteorology, surveying and mapping;
4. To organise and direct the implementation of legal documents, the approved strategies, master plans, plans, as well as criteria, procedures, rules and technical-economic standards of the Ministry; to propagate, disseminate, and educate with regard to laws and information on land resources, water resources, mineral resources, the environment, hydro-meteorology, surveying and mapping .
5. Concerning land resources:
a) To draft and submit plans and master plans of land use all over the country to the Government for consideration, and the Government will then submit them to the National Assembly for approval;
b) To appraise plans and master plans of land use formulated by the provinces and centrally-run cities, as well as those of land use for national defence and security of the Ministry of Defence and the Ministry of Public Security, then submit them to the Government for consideration and approval.
c) To submit the land allotment or withdrawal of the allotted land to the Government for approval if it is within the competence of the Government;
d) To direct the implementation of the tasks of land prospecting, investigating, surveying, appraising, classifying, and cadastral mapping; to provide guidelines on and collect data on land statistics and inventory; to set up and manage cadastral dossiers;
e) To uniformly manage the issue of land allotment, leasing, taking back the allotted land, transfer of land use rights, alteration of land use purposes, registration and issuance of land use right certificates;
f) To guide the People’s Committees of provinces and centrally-run cities in issuing land use right certificates in conformity with the present laws and regulations;
g) To inspect the People’s Committees of provinces and centrally-run cities in determining the land lease prices based on the tariffs, principles and the method of price evaluation for various land categories, which have been adopted by the Government.
6. Concerning water resources:
a) to submit to the government for approval the regulations on the delegation of powers to various levels in respect of basic prospecting of water resources, issuance and withdrawal of licences related to water resources activities; to direct and inspect the implementation of such regulations once they are enacted;
b) To collect data and manage the outcome of the basic prospecting, make an inventory and assessment of water resources and set up a database of water resources;
c) To formulate regulations on and direct the inspection of the implementation of measures for the preservation of water resources;
d) To be the standing secretariat of the National Council of Water Resources.
7. Concerning Mineral Resources:
a) To submit to the Government regulations on the assignment of tasks such as basic geological prospecting of mineral resources; geological mapping throughout the country;, determining and making public announcement of areas where mineral activities are prohibited or temporarily prohibited, of restricted areas and bidding areas for mineral activities; directing and inspecting the implementation of the aforesaid regulations after they are approved;
b) To submit to the Government regulations on the competence of agencies that may issue, extend, and withdraw licences for mineral activities, as well as on the administrative procedures of issuance, extension, withdrawal of those licences, conditions for the surrender, transfer, and bequest of the rights to mineral activities, and registration of mineral activities;
c) To determine areas of untapped mineral resources; to delineate areas of toxic minerals; to appraise and approve, within its own competence, projects and reports on basic geological prospecting of mineral resources, and mineral exploration activities;
d) To provide regulations and guidelines on, and to conduct the inspection of implementing measures to preserve mineral resources;
e) To gather data and manage data as the results from the basic geological prospecting of mineral resources, mineral exploration; to make statistics, inventory, assessment of quality and reserves of mineral resources, to keep in archives and manage data, samples, specimens and information of geology and mineral resources, and ensure their confidentiality;
f) To be the standing secretariat of the State Council for Evaluation of Mineral Reserves.
8. Concerning the environment:
a) To direct and inspect the implementation of regulations on and measures of environmental protection, on projects of, prevention and relief of environmental degradation, pollution, or incidents as regulated by the Government;
b) To uniformly administer the monitoring system of the environment throughout the country; to collect and process data of the environmental monitoring, to periodically assess the current condition of environment and forecast significant changes of the environment;
c) To appraise reports on the impacts of projects and from production and business of enterprises on environment; to formulate regulations on environmental standards and to uniformly manage the issuance and withdrawal of certificates in relation to the acquisition of the environmental standards in accordance with the laws;
d) To mobilise financial donations, disburse the State’s investment capital for programs, projects, activities, and other tasks concerning environment protection, and to manage the utilisation of the Environment Protection Fund of Vietnam.
9. Concerning hydro-meteorology:
a) To direct and organise the implementation of basic hydro-meteorological investigation; to collect and assess factors and data on hydro-meteorology; to process and provide information, data and forecasts of hydro-meteorology;
b) To evaluate technical standards of hydro-meteorology with respect to projects of capital construction, renovation, expansion and upgrading of hydro-meteorological works; to organise the registration, issuance, and withdrawal of operational licences of hydro-meteorological works in accordance with the laws.
10. Concerning survey and mapping activities:
a) To uniformly manage activities in surveying and mapping; to manage activities in basic surveying and mapping, national boundary and administrative geographical boundary mappings; to manage the place-name system on the map, the national reference system; the national system of original survey database, the national system of basic surveying stations, and the system of basic and specialised aerial photographs; to issue and withdraw licences for surveying and mapping activities in accordance with the law;
b) To establish, edit and publish basic topographic maps, baseline maps, and location maps; to manage the provision of information and data, and ensure their confidentiality.
11. To appraise and verify the implementation of investment projects in the fields of land resources, water resources, mineral resources, the environment, hydro-meteorology, surveying and mapping in accordance with the law;
12. To engage in international co-operation in the fields of land resources, water resources, mineral resources, the environment, hydro-meteorology, surveying and mapping in accordance with the law;
13. To organise and direct the implementation of scientific researches, application of advanced science and technology to the areas of land resources, water resources, mineral resources, the environment, hydro-meteorology, surveying and mapping in accordance with the law;
14. To adopt policies and concrete measures, and direct the implementation of the operational mechanism of public service organisations in the domains of land resources, water resources, mineral resources, the environment, hydro-meteorology, surveying and mapping in accordance with the law; to administer and direct the activities of organisations under the management of the Ministry;
15. To fulfil its obligations and rights as a state representative for the state capital invested in enterprises doing business in the fields of land resources, water resources, mineral resources, environment, hydro-meteorology, surveying and mapping, which, as prescribed by laws, are under the management of the Ministry,;
16. To conduct the state management over the activities of non-governmental organisations and associations in the fields of land resources, water resources, mineral resources, the environment, hydro-meteorology, surveying and mapping in accordance with the law;
17. Within its own competence to inspect, verify and handle complaints and denunciations, to combat corruption and administrative abuses, and to handle any act of law violation in relation to land resources, water resources, mineral resources, the environment, hydro-meteorology, surveying and mapping in accordance with the law;
18. To approve and direct the implementation of the plan for administrative reforms of the Ministry in line with the objectives and content of the state administrative reform program approved by the Prime Minister;
19. To manage its organisational apparatus and payroll, direct the implementation of salary regimes as well as,preferential treatment, commendation and discipline regimes and policies for state officials and public employees under the Ministry’s management; to train and provide professional intensive course to the officials and public employees in the fields of land resources, water resources, mineral resources, the environment, hydro-meteorology, surveying and mapping;
20. To manage the assigned finance and assets, and conduct the implementation of the allocated budgets in accordance with the law.
Article 3. Organisational Structure of the Ministry
a. Organisations assisting the Minister in
performing the State Management Functions:
1) Department of Land;
2) Department of Land Registration and Inventory;
3) Department of Environment;
4) Department of Environment Evaluation and Impact Assessment;
5) Department of Hydro-meteorology;
6) Department of Science-Technology;
7) Department of Planning-Finance;
8) Department of International Co-operation;
9) Department of Legislation;
10) Department of Personnel;
11) Department of Water Resource Management;
12) Department of Geology and Minerals of Vietnam;
13) Department of Environment Protection;
14) Department of Surveying and Mapping;
15) Inspection Board;
16) Office of Administration.
b. Non-business Organisations under the Management
of the Ministry:
1) National Centre of Hydro-meteorology;
2) Centre of Land Planning and Investigation;
3) Centre of Remote Sensing;
4) Information Centre;
5) Journal of Natural Resources and Environment;
6) Environment and Natural Resources Newspaper;
The Minister of Natural Resources and Environment shall assume the prime responsibility, and co-ordinate with the Minister of Interior Affairs to elaborate plans for the arrangement of the institutes, such as the Research Institute of Geology and Mineral Resources of Vietnam, the Institute of Land Science, the Institute of Hydro-meteorological Science, and other existing schools under the management of the former General Department of Land, and the former General Department of Hydro-meteorology, and then submit them to the Prime Minister for approval.
Article 4. Implementation Effect
This Decree comes into effect from the date of signing.
The Government's Decree No. 34/CP of April 23, 1994 defining the functions, tasks, powers and organisational structure of the General Department of Land, and the Government’s Decree No. 62/CP of July 11, 1994 defining functions, tasks, powers and organisational structure of the General Department of Hydro-meteorology, as well as other previously adopted regulations and documents, which are inconsistent with this Decree, shall be abrogated.
Article 5. Responsibility for Implementation
The Minister of Natural Resources and Environment, Ministers and Heads of ministerial level agencies, Heads of Governmental offices and Chairpersons of People’s Committees of Provinces and centrally-run cities shall be responsible for the implementation of this Decree.
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ON BEHALF OF THE GOVERNMENT PRIME MINISTER (Signed and sealed) Phan Van Khai |
Recipients:
· - Central Party’s Secretariat,
· - Prime Minister, Vice Prime Ministers,
· - Ministries, ministerial level agencies, Government bodies,
· - People’s Councils, provincial and municipal People’s Committees,
· - Office of the National Assembly,
· - Office of the President
· - Offices of Central Party and Committees of the Party,
· - The Institute of People’s Supreme Investigation,
· - People’s Supreme Court,
· - Central Organs of Public Organisations and Associations,
· - Official Gazette,
· - Government Office,
· - Archives.