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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence – F-reedom – Happiness
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No.
79-CP
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Hanoi
,December 04, 1996
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DECREE
ON THE ESTABLISHMENT OF THE DEPARTMENT OF
GEOLOGY AND MINERALS
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to Decree No.74-CP of November 1st, 1995 of the Government on the
functions, tasks, powers and organizational structure of the Ministry of
Industry;
At the proposals of the Minister of Industry and the Minister-Chairman of the
Government Commission on Organization and Personnel,
DECREES:
Article 1.- To establish the Vietnam Department of Geology
and Minerals on the basis of merging the Vietnam Department of Geology and the
Department for Management of Mineral Resources.
The Department of Geology and Minerals of
Vietnam is an agency under the Ministry of Industry, assists the Minister of
Industry in performing the function of specialized geology and minerals State
management, including: basic geological research and survey, mineral activities
(prospection, exploration, exploitation and processing of minerals), protection
of mineral resources; organization of basic geological-mineral research and
survey and prospection of mines throughout the country.
The Vietnam Department of Geology and Minerals
has the legal person status, its own seal, its operating fund provided by the
State budget and its own account at the State Treasury.
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Article 2.- The Vietnam Department of Geology and Minerals
has the following main tasks and powers:
1. To elaborate and take part in the elaboration
of legal documents on the management, protection, basic geological survey of
mineral resources and mineral activities which shall be submitted by the
Minister of Industry to the Government for promulgation or be promulgated by
the Ministry of Industry according to its competence.
2. To elaborate and take part in the elaboration
of the general plans, plans and policies on the basic geological research and
survey and mineral activities, the development of the minerals exploiting and
processing industry, so that the Minister of Industry shall submit them to the
Government for approval.
3. To propose to the Minister of Industry to
promulgate or promulgate according to its own competence the specialized
economic-technical regulations, rules, criteria and norms regarding geology and
minerals; to provide professional and technical guidance�s
on the State management over geology and minerals to local Industrial Services.
4. To submit to the Minister of Industry for
decision to grant, extend and withdraw permits for minerals prospection,
exploration, exploitation and processing and allowing the return of the permits
for mineral activities and allowing the transfer of the right to conduct
mineral activities.
To propose to the Minister of Industry the areas
to be permanently or temporarily banned to mineral activities and report on
areas where noxious minerals are found so that the Ministry may decide
according to its competence after obtaining written comments from State
agencies competent to manage such areas and from the People�s Committees of provinces or cities directly under
the Central Government.
To certify the authenticity of geological and
mineral samples and documents and minerals to be sent abroad and for drawing up
project feasibility studies.
5. Basing itself on the assigned tasks and
plans, the Department shall organize and direct its dependent units in
implementing the tasks and plans on basic geological and mineral research and
survey, environmental geology, hydrological geology, construction geology,
urban geology, rural geology, catastrophic geology, thermo-geology and mineral
prospection.
To organize the application of scientific and
technological advances to the basic geological survey and mineral activities.
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6. To evaluate and take part in the evaluation
of projects, reports on the results of the basic geological-mineral survey and
submit them to the Minister of Industry for approval or the Director of the Department
for approval according to the authorization and assignment of responsibility by
the Minister of Industry.
To take part in the evaluation of investment
projects, plans and technical designs with regard to the mineral activities.
7. To keep, manage and use in accordance with
the provisions of law all geological and mineral samples, data and information.
8. To undertake international cooperation in the
field of geology and minerals. To represent Vietnam�s
geological and mineral service to participate in international activities in
the field of scientific and technological cooperation on geology and minerals.
9. To conduct specialized supervision and
inspection on basic geological survey and mineral activities.
To take part in settling or settle within its
own competence disputes, complaints and denunciations regarding the basic
geological-mineral survey and mineral activities.
10. To popularize the legislation on geology and
minerals among branches, localities and citizens and guide them in its enforcement.
To coordinate with the law enforcement agencies and local authorities in the
protection of mineral resources.
11. To manage and effectively use the financial
sources and assets allocated by the State; to manage the investment projects on
capital construction in accordance with the provisions of law and the mandate
of the Ministry.
12. To manage the organizational structure,
staff and organize the professional training and refresher courses for the
officials and employees of the service.
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1. The Vietnam Department of Geology and
Minerals is headed by its Director and a number of Deputy Directors assisting
the Director. The Director shall be accountable to the Minister of Industry for
the entire operation of the Department. The Deputy Directors shall be
accountable to the Director for their respective domains assigned by the
Director.
The Director and the Deputy Directors shall be
appointed by the Minister of Industry.
2. The apparatus assisting the Director is
composed of:
a/ The office and the specialized and
professional divisions and sections.
The Minister of Industry shall concretely define
the specialized and professional divisions and sections attached to the
Department.
b/ The non-business units.
The Minister of Industry shall, after consulting
the Minister-Chairman of the Government Commission on Organization and
Personnel, specifically define the non-business units on the basis of rearranging
and reorganizing the existing units.
3. With regard to State enterprises, the
Minister of Industry shall consider and decide in accordance with the
provisions of the Law on State Enterprises and other legal documents on
establishing, splitting, merging and dissolving State enterprises.
Article 4.- This Decree takes effect from the date of its
promulgation and replaces the provisions on the establishment of the Department
for Management of Natural Resources and Minerals and the Department of Geology
of Vietnam provided for in Item d, Clause 1, Article 3 of Decree No.74-CP of November
1st, 1995 of the Government on the functions, tasks, powers and organizational
structure of the Ministry of Industry.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Vo Van Kiet