THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
91/2002/ND-CP
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Hanoi,
November 11, 2002
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DECREE
PRESCRIBING THE
FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF
NATURAL RESOURCES AND ENVIRONMENT
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to August 5, 2002 Resolution No. 02/2002/QH11 of the XIth National Assembly
of the Socialist Republic of Vietnam at its first session, prescribing the list
of the Government’s ministries and ministerial-level agencies;
Pursuant to October 4, 2002 Resolution No. 11/2002/NQ-CP of the Government’s
September 2002 regular meeting;
Pursuant to the Government’s Decree No. 86/2002/ND-CP of November 5, 2002
prescribing the functions, tasks, powers and organizational structures of the
ministries and ministerial-level agencies;
At the proposals of the Minister of Natural Resources and Environment and
the Minister of the Interior,
DECREES:
Article 1.- Position and
functions
The Ministry of Natural Resources and
Environment is an agency of the Government, performing the function of State
management over land, water and mineral resources, environment, hydrology,
meteorology, metrology and cartography nationwide; State management over public
services, and representing the owners of State capital portions at enterprises
with State capital in the domains of land, water and mineral resources,
environment, hydrology, meteorology, metrology and cartography according to the
provisions of law.
Article 2.- Tasks and
powers
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1. To submit to the Government bills, draft
ordinances and other legal documents concerning land, water and mineral
resources, environment, hydrology, meteorology, metrology and cartography;
2. To submit to the Government development
strategies, plannings, long-term, five-year and annual plans on the domains of
land, water and mineral resources, environment, hydrology, meteorology,
metrology and cartography, and important projects of the branch;
3. To promulgate legal documents, standards,
processes, procedures and economic and technical norms in the domains of land,
water and mineral resources, environment, hydrology, meteorology, metrology and
cartography according to its competence;
4. To organize and direct the implementation of
legal documents, strategies, plannings and plans after they are approved, and
the branch’s standards, processes, procedures and economic and technical norms;
to propagate, disseminate and educate laws and information on land, water and
mineral resources, environment, hydrology, meteorology, metrology and cartography.
5. Regarding land resources:
a/ To formulate plannings and plans on the use
of land in the whole country and submit them to the Government for
consideration and submission to the National Assembly for decision;
b/ To appraise land use plannings and plans of
the provinces and centrally-run cities as well as the Defense Ministry’s and
the Public Security Ministry’s plannings and plans on the use of land for
defense and security purposes, which are submitted to the Government for
consideration and approval.
c/ To submit to the Government for decision the
cases of land assignment and retrieval, which fall under the Government’s
jurisdiction;
d/ To direct the implementation of the
investigation, survey, measurement appraisal and classification of land and the
drawing of cadastral maps; to guide and synthesize land inventory statistics,
the compilation and management of cadastral dossiers;
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f/ To guide the People’s Committees of the
provinces and centrally-run cities in the granting of land use right
certificates according to the provisions of law;
g/ To inspect the People’s Committees of the
provinces and centrally-run cities in setting land prices according to the
price bracket, the principles for and methods of determining the prices of land
of different categories as stipulated by the Government.
6. Regarding water resources:
a/ To submit to the Government for prescription
the assignment and decentralization of the basic survey work and the competence
to grant and withdraw water resources-related permits; to direct and check the
post-approval implementation;
b/ To synthesize data, manage basic survey
results, inventory and assess water resources, and build up databases on water
resources;
c/ To stipulate and direct the inspection of the
implementation of measures to protect water resources;
d/ To act as a standing member of the National
Council for Water Resources.
7. Regarding mineral resources:
a/ To submit to the Government for prescription
the assignment and decentralization of the basic geological survey of mineral
resources; to draw geological maps for the whole country; to stipulate and
announce areas where mineral activities are banned or temporarily banned,
restricted areas, and areas opened for bidding for mineral activities; to
direct and inspect the post-approval implementation;
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c/ To identify areas with unexploited mineral
resources; zone off areas with noxious minerals; appraise and approve according
to its competence schemes and reports on basic surveys on mineral resources,
explorations and prospections in mineral activities;
d/ To stipulate, direct, and inspect the
implementation of, measures to protect mineral resources;
e/ To synthesize data, manage the results of basic
geological surveys on mineral resources, mineral explorations and prospections;
to collect statistics, inventory, and evaluate the quality and reserves of,
mineral resources; to organize the archival and management of documents,
samples, and keep confidential geological and mineral resource data and
information according to the State regime;
f/ To act as a standing member of the State
Council for Evaluation of Mineral Reserves.
8. Regarding the environment:
a/ To direct and supervise the implementation of
environmental protection regulations and measures, programs and projects on
prevention, combat and overcoming of environmental degradation, pollution and
environmental incidents according to the Government’s task assignment;
b/ To exercise the uniform management of the
national environment observation system; synthesize and process data on
environment observation and periodically assess the real state of the
environment and forecast environmental developments;
c/ To appraise the environmental impact assessment
reports of projects and production and business establishments; prescribe
environmental standards and uniformly manage the granting and withdrawal of
environmental standard satisfaction certificates according to the provisions of
law;
d/ To mobilize financing sources, receive the
State’s investment capital in support of the environ-mental protection
programs, projects, activities and tasks, and manage the use of Vietnam
Environmental Protection Fund.
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a/ To direct and organize the implementation of
basic hydrological and meteorological surveys; to collect and appraise
hydrological and meteorological elements and documents; to process and supply
hydrological and meteorological information, materials and forecasts;
b/ To evaluate hydrological and meteorological
technical criteria of projects on capital construction, renovation, expansion
and upgrading of hydrological and meteorological works; to organize the
registration, granting and withdrawal of operation licenses of hydrological and
meteorological works according to the provisions of law.
10. Regarding metrology and cartography:
a/ To exercise the uniform management of
metrological and cartographical activities; to manage the basic metrological
and cartographical work, national border and administrative boundary maps; to
manage the system of place names on maps, the national reference system, the
national system of base metrological data, the national system of base
metrological points, the system of basic aerial and specialized photos; to
grant and withdraw metrological and cartographical activity permits according
to the provisions of law;
b/ To establish, revise, publish and distribute
basic topographical maps, base maps, administrative maps; to manage the supply
of information, materials and keep secret the system of metrological and
cartographical information and materials according to the State regime.
11. To appraise and inspect the implementation
of investment projects in the domains of land, water and mineral resources,
environment, hydrology, meteorology, metrology and cartography according to the
provisions of law;
12. To undertake international cooperation in
the domains of land, water and mineral resources, environment, hydrology,
meteorology, metrology and cartography according to the provisions of law;
13. To organize and direct the implementation of
plans on scientific research and application of scientific and technological
advances in the domains of land, water and mineral resources, environment, hydrology,
meteorology, metrology and cartography;
14. To decide on policies and specific measures
and direct the implementation of operational mechanisms of public-service
organizations in the domains of land, water and mineral resources, environment,
hydrology, meteorology, metrology and cartography according to the provisions
of law; to manage and direct the operation of non-business organizations
attached to the Ministry;
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16. To exercise the State management over
activities of societies and non-governmental organizations in the domains of
land, water and mineral resources, environment, hydrology, meteorology,
metrology and cartography according to the provisions of law;
17. To inspect, supervise and settle complaints
and denunciations against corruption, negative phenomena, and handle violations
of the legislation on land, water and mineral resources, environment,
hydrology, meteorology, metrology and cartography, which fall under the
Ministry’s competence;
18. To decide on and direct the implementation
of the Ministry’s administrative reform program in accordance with the
objectives and content of the State administrative reform program already
approved by the Prime Minister;
19. To manage its organizational structure and
payroll; direct the implementation of the wage regime and preferential
treatment, reward and discipline regimes and policies towards State officials
and public employees under the Ministry’s management; provide professional
training and fostering for officials and public employees in the domains of
land, water and mineral resources, environment, hydrology, meteorology,
metrology and cartography.
20. To manage its assigned finance and assets and
organize the execution of allocated budgets according to the provisions of law.
Article 3.- Organizational
structure of the Ministry
a/ Organizations assisting the Minister in
performing the State management function:
1. The Land Department;
2. The Land Registration and Statistics
Department;
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4. The Environmental Impact Evaluation and
Assessment Department;
5. The Hydrology and Meteorology Department;
6. The Science - Technology Department;
7. The Planning - Finance Department;
8. The International Cooperation Department;
9. The Legal Department;
10. The Organization and Personnel Department;
11. The Water Resource Management Department;
12. Vietnam Geology and Mineral Department;
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14. The Metrology and Cartography Department;
15. The Inspectorate;
16. The Office.
b/ Non-business organizations under the
Ministry:
1. The National Hydrology and Meteorology
Center;
2. The Land Planning Survey Center;
3. The Telesthesia Department;
4. The Information Center;
5. The Natural Resource and Environment
magazine;
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The Minister of Natural Resources and
Environment shall assume the prime responsibility and coordinate with the
Minister of the Interior in drawing up plans on arrangement of the institutes:
Vietnam Geological and Mineral Research Institute, the Cadastral Science
Institute, the Hydrological and Meteorological Science Institute, and the
existing schools under the General Land Administration and the General
Department of Meteorology and Hydrology, then submit them to the Prime Minister
for decision.
Article 4.- Implementation
effect
This Decree takes implementation effect after
its signing.
To annul the Government’s Decree No. 34/CP of
April 23 of 1994 on the functions, tasks, powers and organizational structure
of the General Land Administration, Decree No. 62/CP of July 11, 1994 on the
tasks, powers and organizational structure of the General Department of
Hydrology and Meteorology, and all previous regulations contrary to this
Decree.
Article 15.- Implementation
responsibility
The Minister of Natural Resources and
Environment, the other ministers, the heads of the ministerial-level agencies,
the heads of the agencies attached to the Government and the presidents of the
People’s Committees of the provinces and centrally-run cities shall have to
implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
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