Decision No. 1177/QD-BTNMT dated June 05, 2010 of the Ministry of Natural Resources and Environment stipulating functions, duties, powers and organizational structure of the Department of Geology and Minerals of Vietnam

DECISION

STIPULATING FUNCTIONS, DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF THE DEPARTMENT OF GEOLOGY AND MINERALS OF VIETNAM

THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

Pursuant to Decree No 178/2007/ND-CP dated 03 December 2007 of the Government stipulating functions, duties, powers and organizational structures of Ministries and ministerial level bodies;

Pursuant to Decree No 25/2008/ND-CP dated 04 March 2008 of the Government stipulating functions, duties, powers and organizational structure of the Ministry of Natural Resources and Environment;

Considering the proposals of the Director General of the Department of Geology and Minerals of Vietnam and the Director General of the Organization and Personnel Department,

DECIDES :

Article 1.Position and functions

The Department of Geology and Minerals of Vietnam is an organization directly under the Ministry of Natural Resources and Environment, having the function to advise and assist the Minister in performing State management of mineral resources and geology; to organize the implementation of basic geological surveys, basic geological surveys of mineral resources and mineral explorations within the whole country.

The Department of Geology and Minerals of Vietnam has the status of a legal person, has its own seal and account according to the provisions of the law.

Article 2. Duties and powers:

1. Submit to the Minister of Natural Resources and Environment legal documents, strategies, master plans, five-year and annual plans for basic geological surveys, basic geological survey of mineral resources, management, protection of mineral resources and mineral activities; regulations on formulation and appraisal of project proposals for mineral prospecting and exploration; contents of projects for basic geological survey of mineral resources; to guide, organize and check the implementation thereof after being approved.

2. Submit to the Minister mechanisms, policies, regulations on taxes, fees, charges, other revenues and forms of privilege related with survey, exploration, mining, processing, use and protection of mineral resources; to guide and check the implementation thereof after being approved.

3.  Take the lead in formulating standards, technical specifications, norms, unit prices in basic geological surveys of mineral resources.

4. Coordinate with relevant agencies and units in propagation, dissemination and education of legislation on geology and mineral; enhancing the public awareness on protection and economical use of mineral resources.

5. Organize the implementation of basic geological surveys, basic geological surveys of mineral resources, comprising: survey, discovery of mineral resource potentials at the same time with the compilation of regional geological, geohazard, environmental geological maps, thematic maps and thematic researches on geology and mineral resources.

6. Identify areas with mineral resources having been investigated and assessed, to delineate areas with toxic minerals, submit to the Minister for notifying or notify according to the authorization of the Minister the People s Committees of provinces and cities directly under the Central authority and related agencies and units for management and protection.

7. Organize the registration, collection and assembling of results of basic geological surveys of mineral resources and mineral activities; inventory of mineral reserves approved by the competent authorities.

8. Submit to the Minister for approval or prove in accordance with the authorization by the Minister project proposals, reports on the results of basic geological surveys, basic geological surveys of mineral resources, assessment of mineral resource potentials using the State budget fund according to the plan, submitted by its subordinate units and other agencies and units as assigned by the Minister.

9. Take part, according to the assignment of the Minister, in the appraisal of project proposals for mineral prospecting and exploration; reports on results of geological and mineral investigation in areas with investment in national important projects or important projects, the decision on investment in which falls under the jurisdiction of the National Assembly or Prime Minister.

10. Guide, accept and appraise applications and take the lead in collecting opinions of Ministries, sectors, localities related with the appraisal, and processing of applications for mineral activity licenses according to the provisions of the law and the assignment of the Minister. .

11. Submit to the Minister for decision on issuance of mining licenses according to the provisions of the law in areas with investment in national important projects or important projects, the decision on investment in which falls under the jurisdiction of the National Assembly or Prime Minister , and the mineral resources in which have been investigated, assessed or discovered but not yet investigated or assessed.

12. Submit to the Minister for decision or decide according to the authorization of the Minister on issuance of mineral activity licenses, permission to transfer mineral rights and approval of mine closing project proposals according to the provisions of the law.

13. Archive and keep geological, mineral documents and specimens; build and manage national information systems and data bases on geology and mineral resources; provide geological and mineral data and specimens according to the provisions of the law; certify the legality of geological and mineral documents, specimens, non-commercial minerals to be carried abroad; keep state confidentiality for mineral resource data and information, geological and mineral specimens according to the provisions of the law.

14. Provide professional, technical and guidance and training in geology and mineral resources for its subordinate units and Departments of Natural Resources and Environment of provinces and cities under Central Authority.

15. Take the lead in checking and inspection of mineral activities, basic geological surveys, basic geological surveys of mineral resources; coordinate with the MONRE Inspectorate in settling or settle within its jurisdiction disputes, claims, denunciations in basic geological surveys, basic geological surveys of mineral resources and mineral activities; answer to queries of organizations and individuals on policies and law on geology and minerals.

16. To Implement international co-operation in the field of geology and minerals, represent the geological and mineral sector of Vietnam to take part in international activities in the field of geology and minerals.

17. Organize the implementation of scientific researches, application and development of technical advances, technology transfer, organize scientific conferences and seminars on geology and mineral resources according to the provisions of the law.

18. Edit, publish and distribute national geological and mineral resources maps and documents according to the provisions of the law.

19. Manage service and consulting activities in the field of geology, mineral exploration, mining and processing; mineral exploration activities funded by State budget according to the plan and order of the State or by funding of domestic or foreign organizations or individuals, carried out by subordinate units of DGMV according to the provisions of the law.

20. Organize the implementation of administrative reforms according to the administrative reformation programs and plans of the Ministry and the assignment of the Minister.

21. Manage the finance and assets belonging to it; realize the tasks of a level II budgeting unit for its subordinate units according to the provisions of the law.

22. Manage the organization, staff, officials, public servants, public agents, employees according to the assignment of the Ministry and the provisions of the law.

23. make statistics and prepare periodical and immediate reports on the implementation of the assigned duties .

24. To implement other tasks as assigned by the Minister .

Article 3. Organizational structure

1. Leading staff of the Department

The leading staff of the Department of Geology and Minerals of Vietnam shall consist of a Director General and not more than 03 Deputy Directors General.

The Director General shall be responsible before the Minister for the duties assigned to him; manage and be responsible before the law for all activities of the Department; stipulate the functions, duties and powers and organizational structure of the subordinate units of the Department; work out working regulations of the Department; sign professional documents in accordance with the assigned functions and duties and other documents according to the assignment and authorization of the Minister;

The Deputy Directors General shall be responsible before the Director General for the fields of work assigned to them.

2. Management units:

a) Administrative Office;

b) Organization and Personnel Division;

c) Planning and Finance Division;

d) Legal Division;

e) Geology Division;

f) Mineral Division;

g) International Cooperation Division;

h) Mineral Inspectorate;

i) Central Vietnam Mineral Branch (Head Office in Da Nang city);

k) South Vietnam Mineral Branch (Head Office Ho Chi Minh city);

3. Public service units:

a) Northern Geological Mapping Division (Head office in Hanoi)

b) Southern Geological Mapping Division (Head office in Ho Chi Minh city)

c) Northeastern Geological Division (Head Office in Thai Nguyen city, Thai Nguyen province)

d) Northwestern Geological Division (Head Office in Xuan Mai town, Ha Tay province)

e) North Central Geological Division (Head Office in Vinh city, Nghe An province)

f) Mid Central Geological Division (Head Office in Quy Nhon city, Binh Dinh province)

g) Intergeo Division (Head Office in Hanoi city)

h) Radioactive & Rare Earth Geological Division (Head Office in Hanoi city).

i) Geophysical Division (Head Office in Hanoi city)

k) Geodetic and Topographic Division (Head Office in Hanoi city)Marine Geology Division

l) Analytical and Experimental Center for Geology

m) Information and Archive Center for Geology

n) Verification and Technology Center for Geology

o) Planning and Economic Center for Geology and Mineral Resources

p) Geological Museum

q) Journal of Geology

The Administrative Office, Central Vietnam Mineral Branch, South Vietnam Mineral Branch and public service units under the Department of Geology and Minerals of Vietnam have their own seals and accounts according to the provisions of the law.

Article 4.Effective date and implementation responsibilities

This Decision shall be effective from the date of signing shall replace Decision No 08/2004/BTNMT dated 26 May 2004 of the Minister of Natural Resources and Environment stipulating functions, duties and organizational structures of the Department of Geology and Minerals of Vietnam.

The Director General of the Department of Geology and Minerals of Vietnam, the Director General of the Organizational and Personnel Department, the Heads of organizations and units directly under the Ministry shall have the responsibility to implement this Decision.