Decree 68/2022/ND-CP organizational structure of the Ministry of Natural Resources and Environment

DECREE

Defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structure of ministries and ministerial-level agencies (below referred to as Decree No. 123/2016/ND-CP); and the Government’s Decree No. 101/2020/ND-CP of August 28, 2020, amending and supplementing a number of articles of the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structure of ministries and ministerial-level agencies (below referred to as Decree No. 101/2020/ND-CP);

At the proposal of the Minister of Natural Resources and Environment;

The Government promulgates the Decree defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment.

Article 1. Position and functions

The Ministry of Natural Resources and Environment is a governmental agency performing the state management of the fields of land; water resources; mineral resources; geology; the environment; hydrometeorology; climate change; survey and mapping; integrated management of natural resources and protection of the marine and island environment; and remote sensing; and state management of public services in the fields under its management.

Article 2. Tasks and powers

The Ministry of Natural Resources and Environment has the tasks and powers defined in Decree No. 123/2016/ND-CP and Decree No. 101/2020/ND-CP, and the following specific tasks and powers:

1. To submit to the Government draft laws and draft resolutions of the National Assembly; draft ordinances and draft resolutions of the National Assembly Standing Committee; and draft decrees of the Government under its approved annual lawmaking programs and plans, and other resolutions, mechanisms, policies, projects, schemes and legal documents within the ambit of its state management as assigned by the Government or the Prime Minister.

2. To submit to the Government or the Prime Minister for approval and organize the implementation development strategies, and long-term, medium-term and annual development master plans and plans, and programs, projects and works of national importance in the sectors and fields under its management.

3. To submit to the Prime Minister drafts of decisions, directives and other documents falling under the Prime Minister’s promulgating competence.

4. To approve development strategies, master plans and programs of the sectors and fields under its state management; and investment projects according to the delegation of powers and authorization by the Government or the Prime Minister.

5. To promulgate circulars, decisions and other documents on state management of the sectors and fields under its management; to direct and guide, and organize, examine and evaluate the implementation of, strategies, policies, master plans, plans, programs, schemes, projects, tasks and legal documents under its management after they are approved and promulgated; to carry out public communication and education about the law on natural resources and environment; to formulate national standards; to formulate and promulgate national indicators, national technical regulations, technical regulations, statistical indicators and techno-economic norms in the sectors and fields under its state management.

6. Regarding land:

a/ To take responsibility before the Government for performing the uniform land administration nationwide in accordance with law;

b/ To guide and examine the land survey and measurement, drawing of cadastral maps, land use status maps and land use planning maps; the formulation, adjustment and implementation of land use master plans and plans; the land allocation, lease and recovery, and land repurposing; the registration of land use rights and ownership of houses and other land-attached assets; the compilation and management of cadastral dossiers; the grant of certificates of land use rights and ownership of houses and other land-attached assets; the exercise of rights and performance of obligations of land users in accordance with law;

c/ To assume the prime responsibility for formulating, adjusting and announcing national land use master plans and plans; to submit to the Prime Minister for decision the allocation of national land use indicators after they are decided by the National Assembly; to propose the Prime Minister to establish the Council for appraisal of national land use master plans and national-level master plans on use of land for national defense and security purposes; to appraise provincial-level land use plans and plans on use of land for national defense and security purposes;

d/ To appraise the repurposing of land areas for paddy, protection forests and special-use forests in accordance with the land law;

dd/ To guide the incorporation of land areas for the real estate market development in land use master plans and plans;

e/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, establishing principles and methods of determination of land prices before submitting them to the Government for promulgation or for submission to competent agencies for promulgation; to guide the formulation and adjustment of land price brackets and determination of specific land prices in accordance with the land law; to draw up land price maps;

g/ To guide and examine the land recovery and development and management of recovered land areas; the auction of land use rights and management of land use in bidding for land-using projects in accordance with law.

h/ To guide, examine and organize the implementation of regulations on compensation, support and resettlement upon land recovery by the State; to guide the identification of land users entitled or not entitled to compensation or support; to verify framework policies on compensation, support and resettlement upon land recovery by the State, for investment projects for which the investment policy is decided by the National Assembly or approved by the Prime Minister and which require relocation of residential communities and affect the whole life, socio-economic development and cultural traditions of the communities, and projects involving land recovery in more than one province or centrally run city;

i/ To issue, and manage the use of, blank certificates of land use rights and ownership of houses and other land-attached assets;

k/ To work out periodical land statistics and inventory plans; to carry out statistical and inventory activities based on theme or on an unscheduled basis, then submit results thereof to competent agencies for approval and organize the implementation thereof after they are approved; to guide and examine the performance of land statistics and inventory activities in their localities;

l/ To work out general plans on and organize land surveys and assessment in all regions and the whole country on a periodical basis or based on theme; to announce land survey and evaluation results of the whole country and all regions; to build and uniformly manage the national land resource monitoring and supervision system; to guide and examine the performance of provincial-level land survey and assessment activities;

m/ To build the land management and use monitoring and assessment system; to manage and organize the operation of the land management and use monitoring and assessment system at the central level; to guide and examine the management and operation of the land management and use monitoring and assessment system at local levels.

7. Regarding water resources:

a/ To perform the state management of water resources and manage river basins nationwide in order to ensure water source security;

b/ To formulate and adjust the general master plan on water resource baseline survey, the water resource master plan and master plans on water resources in inter-provincial river basins and inter-provincial water sources, then submit them to the Prime Minister for approval and organize the implementation thereof after they are approved; to organize the regulation and distribution of water resources in inter-provincial river basins; to give its written opinions on water resource exploitation, use and protection plans in regional and provincial-level master plans; to approve contents related to the water exploitation and use in hydraulic-work and water supply master plans and other technical and specialized master plans involving water resource exploitation and use activities which are formulated by ministries and ministerial-level agencies and activities related to the water resource exploitation, use and protection according to its competence; to appraise projects on inter-basin transfer;

c/ To classify inter-provincial water sources according to level of pollution and depletion; to formulate plans on regulation and distribution of water resources for restoration of polluted, degraded or depleted inter-provincial water sources and organize the implementation thereof after they are approved by competent authorities; to guide and examine the implementation of plans on regulation and distribution of water resources and options on prevention and control of degradation and depletion of water sources in construction, production, business and service activities in accordance with law;

d/ To draw up the list of inter-provincial-level river basins and submit them to the Prime Minister for promulgation; to draw up and promulgate the list of intra-provincial rivers, the list of inter-provincial and inter-country water sources, and the list of ponds, lakes and lagoons which lie in 2 or more provinces or centrally run cities each and are not allowed for filling-up; to organize the implementation of measures to protect, prevent and control landslides and corrosion along riverbeds, river banks and sandbars and water source protection corridors for inter-provincial rivers; to organize survey, assessment, monitoring and supervision of water current developments, alluvial deposits and landslides and corrosion along beds, banks and sandbars of inter-provincial rivers; to organize research into and identification of changes in watercourses and natural laws that affect the stability of riverbeds, river banks and sandbars;

dd/ To direct and guide the zoning of areas where the groundwater exploitation is restricted; to give opinions on the list and maps of areas where the groundwater exploitation is restricted, plans on restriction of groundwater exploitation, areas subject to registration of groundwater exploitation, areas where artificial addition of groundwater is needed, minimum flow, and groundwater exploitation threshold in accordance with law; to guide the implementation of regulations on establishment and management of water source protection corridors in accordance with law; to guide the determination and announcement of areas for hygiene assurance for domestic water exploitation zones in accordance with law;

e/ To organize the development of water-efficient models; to popularize and communicate water-efficient models, technologies and equipment; to guide the implementation of regulations on incentives for water-efficient activities;

g/ To formulate and adjust the process of operation of inter-reservoirs in river basins according to the list of reservoirs subject to formulation of inter-reservoir operation process, then submit it to the Prime Minister for promulgation and guide and inspect the implementation thereof after it is promulgated; to guide the implementation of regulations on monitoring and supervision of water resource exploitation and use activities in river basins; to appraise reservoir construction projects in terms of satisfaction of requirements on protection, exploitation and integrated and multi-purpose use of water resources and conformity with water resource master plans and general master plans on inter-provincial river basins and water sources;

h/ To guide, examine and implement measures to maintain minimum flow on rivers and in downstream areas of reservoirs and spillways in order to ensure integrated and efficient exploitation and use of water sources in river basins; to examine the observance of standards and technical regulations on safety and prevention and control of land subsidence and depression in the water exploration, exploitation and use in accordance with law; to direct the implementation of measures to mitigate land subsidence and depression (excluding hydraulic structures, dikes, and disaster prevention and control facilities) in the water exploration, exploitation and use in accordance with law;

i/ To carry out water resource baseline surveys nationwide; to summarize results of baseline surveys and water resource exploitation, use and protection carried out by ministries, sectors and localities; to carry out water resource inventory, assessment and forecasting; to build and manage the water resource and water exploitation and use monitoring and supervision system for provincial-level river basins and inter-provincial and inter-country water sources; to declare the state of water scarcity or water shortage in river basins and appropriate measures to regulate, allocate and economically use water; to prepare national water resource reports;

k/ To guide, examine and organize the grant, extension, modification, suspension, revocation and re-grant of water resource exploration, exploitation and use and groundwater drilling practice licenses; to approve the transfer of the right to exploit water resources in accordance with law;

l/ To settle problems or disputes arising from the water resource exploitation and use or discharge of wastewater into water sources in cases falling under its licensing competence, and other water resource-related problems between provinces and centrally run cities;

m/ To act as the national focal point for exchange of information about inter-country water sources and join international organizations and forums on river basins; to guide and examine the implementation of conventions, treaties and international agreements on water resources to which the Socialist Republic of Vietnam is a contracting party;

n/ To monitor, supervise and sum up the situation of inter-country water sources, promptly report to and propose the Government or the Prime Minister to settle problems and matters so as to protect Vietnam’s rights and interests;

o/ To act as the standing body of the Vietnam National Mekong Committee, the National Water Resource Council, and the River Basin Committees;

p/ To guide, examine and organize the implementation of policies and regulations on methods of calculation and rates of the charge for grant of the right to exploit water resources; to decide on approval, adjustment and notification of retrospective collection or refund of the charge for grant of the right to exploit water resources, for cases of water resource exploitation and use falling under its competence.

8. Regarding geology and minerals:

a/ To formulate, and organize the implementation of, geology and mineral strategies; to direct and organize the performance of researches and baseline surveys of geology, minerals, engineering geology-hydrogeology, geo-hazards, geo-heritages, and geoparks; to monitor geo-hazards and explore minerals nationwide; to give its written opinions on master plans on exploration, exploitation, processing and use of assorted minerals formulated by ministries, sectors and localities; to guide the preparation of dossiers for, appraise and recognize titles of national-level geo-heritages and geoparks;

b/ To zone off and announce areas with scattered and small-deposit minerals and those where exist toxic and radioactive minerals, geo-heritages, and geoparks; to zone off and submit to competent authorities for approval areas for national mineral reserves and areas not subject to auction of the mineral exploitation right; to sum up the zoning of areas not subject to auction of the mineral exploitation right and areas where mineral activities are banned or temporarily banned under competence of localities; to examine and review documents and dossiers of request for approval of areas where mineral activities are banned or temporarily banned which are established by provincial-level People’s Committees;

c/ To assume the prime responsibility for, and coordinate with related ministries and sectors and provincial-level People’s Committees of related localities in, deciding on whether or not to exploit minerals in areas where exist projects or works of national importance with investment policy to be decided by the National Assembly or important projects or works to be decided by the Government or the Prime Minister for which a mineral survey or assessment has been carried out or in which minerals are discovered though no mineral survey or assessment has been carried out;

d/ To appraise schemes, projects or tasks on baseline survey of geology, minerals, engineering geology-hydrogeology, geo-hazards, geo-heritages, and geoparks; to monitor geo-hazards; to explore minerals in accordance with law; to appraise reports on results of mineral exploration and exploration for improvement of mineral deposits; to manage mineral deposits and certify mineral deposits to be mobilized into mineral exploitation projects in accordance with law; to direct the settlement of matters related to the national mineral deposit assessment;

dd/ To carry out the registration of baseline surveys of geology, minerals, engineering geology-hydrogeology, geo-hazards, geo-heritages, and geoparks; to monitor geo-hazards and explore minerals; to sum up results of geological and mineral baseline surveys; to make statistics on and carry out inventory of geological resources and mineral deposits;

e/ To carry out the auction of the mineral exploitation right falling under its competence; to determine charge amounts for grant of the mineral exploitation right falling under its licensing competence; to determine expenses for the use of geological information and data, quantification and accounting of value of geological and mineral resources in accordance with law;

g/ To grant, extend, modify, revoke, or permit the return of, mineral exploration licenses and mineral exploitation licenses; to permit the transfer of the mineral exploration right and mineral exploitation right; to permit the partial return of mineral exploration and exploitation areas; to approve schemes or issue decisions to close down mineral mines in accordance with law;

h/ To examine the observance of contents of mineral exploration licenses and mineral exploitation licenses it is competent to grant; to control mineral activities and geological and mineral baseline surveys nationwide; to monitor the implementation of policies on sustainable development for geological and mineral baseline surveys and mineral activities, and policies on protection of interests of localities and the people in areas where minerals are exploited; to examine and supervise construction activities under mineral exploration schemes falling under the Minister’s approving competence; to examine the calculation of charge amounts for the grant of the right to exploit geological and mineral resources and auction of geological and mineral resource exploitation right in localities;

i/ To act as the national focal point to join the Coordinating Committee for Geoscience Programs in East and Southeast Asia (CCOP) and the Vietnam National Committee for the International Geoscience Program (IGCP); to act as the national focal point to support the coordination and implementation of activities related to the development and management of the UNESCO Global Geoparks Network.

9. Regarding the environment:

a/ To guide the formulation of environmental protection contents in provincial-level master plans; to organize the formulation of environmental protection contents in regional master plans; to organize the formulation of, submit for approval, announce, and organize the implementation of, national environmental protection master plans in accordance with law;

b/ To guide the appraisal and approval of results of the appraisal of environmental impact assessment reports and environmental remediation and rehabilitation plans in mineral exploitation; to formulate technical instructions for strategic environmental assessment and environmental impact assessment; to give its opinions on strategic environmental assessment contents; to organize the appraisal and approval of results of the appraisal of environmental impact assessment reports and environmental remediation and rehabilitation plans in mineral exploitation in accordance with law;

c/ To direct, guide, examine and organize the control of pollutant sources of centralized production, business and service establishments or zones and industrial clusters in accordance with law;

d/ To perform the state management of solid wastes in accordance with law; to direct, guide and examine the management of common industrial solid wastes, household solid wastes and hazardous wastes, and waste recycling, collection and treatment activities of producers and importers in accordance with law; to guide and examine establishments using imported scraps as production materials in accordance with law;

dd/ To provide technical instructions for prevention of and response to waste incidents;

e/ To direct, guide, examine and organize the management of environmental quality, environmental remediation and rehabilitation, and environmental protection in the management of persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants; rural environmental protection contents and criteria as specified by law; to formulate and submit to competent authorities for approval the National Plan on management of air and surface water environment quality, and treatment, remediation and rehabilitation of areas suffering particularly serious soil pollution; to assess the environmental quality and carrying capacity of the surface water environment on inter-provincial rivers and lakes in accordance with law;

g/ To guide, examine and organize the environmental monitoring and provision of environmental pollution information and warnings nationwide in accordance with law, covering the building and management of the national environmental monitoring network; to approve, and organize the implementation of, the national environmental monitoring program; to manage quality of, inspect, calibrate and test environmental monitoring equipment in accordance with law; to manage environmental monitoring data, the transmission, receipt and announcement of environmental monitoring results in accordance with law; to announce national environmental monitoring results; to provide professional guidance on and technical assistance for the management of environmental monitoring data;

h/ To guide and organize the preparation and announcement of reports on the state of environment and national environmental reports; to guide and organize the preparation of reports on environmental protection work;

i/ To guide the environmental statistics work;

k/ To guide and organize the grant, renewal, modification, re-grant and revocation of environmental licenses; to grant, renew and re-grant environmental certificates in accordance with law; to guide the receipt of environmental registration requests in accordance with law;

l/ To provide professional guidance on key environmental protection tasks to ministries, sectors and localities; to sum up and propose the allocation of state budget estimates for environmental protection activities of ministries, central agencies and provincial-level Committees, and guide the implementation thereof in accordance with the law on the state budget; to guide the compilation of statistics on, monitoring and announcement of funding sources for environmental protection;

m/ To propose environmental protection tax and charge policies, and issue green bonds and other economic instruments to mobilize and use resources for environmental protection in accordance with law;

n/ To manage the Vietnam Environmental Protection Fund; to act as the national focal point for the Global Environment Facility; for implementation of the Stockholm Convention on Persistent Organic Pollutants, the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, and other treaties and international agreements on the environment as assigned by the Government.

10. Regarding the conservation of nature and biodiversity:

a/ To organize the formulation, submit for approval, announce, and organize and evaluate the implementation of, the national master plan on conservation of biodiversity in accordance with law;

b/ To perform the uniform state management of conservation and sustainable use of important wetlands, manage and protect the environment of natural heritages nationwide in accordance with law; to organize the council for interdisciplinary appraisal of projects on establishment of conservation zones, each of which lies in two or more provinces or centrally run cities; to assume the prime responsibility for, and coordinate with related provincial-level People’s Committees in, formulating and managing projects on national-level protected areas and natural heritage zones after such projects are approved by competent authorities as assigned by the Government; to direct and guide the establishment of and manage biodiversity corridors, provincial-level protected areas, high-biodiversity zones and important ecological landscapes in accordance with law;  

c/ To guide and examine the management of establishments engaged in conservation of biodiversity and conservation of species on the list of endangered, precious and rare species prioritized for protection, excluding plant varieties and livestock breeds, in accordance with law;

d/ To guide and examine the persistent preservation of genetic resources and specimens of species prioritized for protection; to guide the management and supervision of activities of accessing genetic resources and associated traditional knowledge , and use of shared benefits from the access to the State-managed genetic resources and traditional knowledge about genetic resources; to draw up the list of genetically modified organisms eligible for grant of biosafety certificates;

dd/ To formulate and submit to competent authorities for promulgation, or promulgate according to its competence, the list and program on conservation of endangered, precious and rare species prioritized for protection, excluding endangered, precious and rare plant varieties and livestock breeds prioritized for protection; to organize the compilation of the Vietnam Red List; to guide the conservation of biodiversity in natural areas that still lack conditions for establishment of conservation zones; to draw up the list of invasive alien species; to guide and assess the invasibility of alien species to the recipient environment and biodiversity; 

e/ To guide, formulate and implement programs on biodiversity baseline surveys, monitoring, statistics and inventory; to direct the making of and uniformly manage biodiversity monitoring data; to assume the prime responsibility for preparing and announcing national biodiversity reports; to guide ministries, sectors and localities in carrying out biodiversity surveys and preparing biodiversity reports;

g/ To guide, examine and organize the registration, recognition, grant and revocation of biodiversity-related licenses and certificates falling under its competence in accordance with law;

h/ To guide the payment of  biodiversity-related environment services and natural ecosystem service charges, excluding payment of forest environment service charges;

i/ To act as the national focal point for the implementation of treaties on nature and biodiversity conservation as assigned by the Government; to direct and guide the preparation of dossiers of nomination for recognition and management of wetlands of international importance under the Ramsar Convention, ASEAN heritage parks, world biosphere reserves, and other natural heritages recognized by international organizations in accordance with law. 

11. Regarding hydrometeorology:

a/ To manage, and organize the performance of, hydrometeorological monitoring and survey activities; to manage and guide hydrometeorological monitoring activities of works and other special-use hydrometeorological activities in accordance with law; to build, manage and operate the national network of hydrometeorological monitoring, lightning monitoring and positioning, and climate change supervision stations;

b/ To organize the protection of hydrometeorological works in the national network of hydrometeorological stations;

c/ To manage and organize hydrometeorological forecasting and warning activities; to transmit and broadcast hydrometeorological forecasting and warning news; to make disaster forecasts and warnings, transmit disaster news and disaster risk levels; to build, manage and operate the national hydrometeorological forecasting and warning system; to elaborate the national set of climate standards; to issue, provide and broadcast official disaster forecasts and warnings and disaster risk levels under regulations;

d/ To collect and process information, identify and evaluate disaster risks, zone off disaster risks, and monitor and supervise disasters;

dd/ To receive feedback of ministries, sectors, localities, organizations and individuals on the news broadcasting regime, quality and reliability of hydrometeorological and disaster forecasts and warnings, and the use of disaster risk levels in disaster prevention, control and response and socio-economic development activities; to monitor, assess and sum up on an annual basis the state management of hydrometeorology nationwide under regulations;

e/ To appraise tsunami warning scenarios for Vietnam in accordance with law;

g/ To appraise hydrometeorological contents in master plans on and designs of national key construction works and investment projects and other construction works and investment projects in accordance with law;

h/ To grant, extend, suspend and revoke hydrometeorological forecasting and warning licenses in accordance with law;

i/ To manage quality of hydrometeorological gauging devices in accordance with law;

k/ To manage, guide and organize hydrometeorological service activities in accordance with law;

l/ To approve, and supervise the implementation of, plans on regulation of impacts on weather according to its competence;

m/ To act as the national focal point for joining the World Meteorological Organization (WMO), the Typhoon Committee, and the ASEAN Sub-Committee on Meteorology and Geophysics (ASCMG); to act as a focal point for participation in international forums and implementation of treaties on hydrometeorology as assigned by the Government.

12. Regarding survey, mapping and geographic information:

a/ To develop, update, manage, operate and exploit the national geospace data infrastructure in accordance with law, the national system of original data on survey, the system of data of national survey networks, basic survey infrastructure facilities, and the Vietnam Geospace Portal; to build, operate and update the national geographic database, and establish and update the system of national topographic maps; to promulgate the list of geographic names to be shown in maps; to provide survey and mapping products;

b/ To guide, examine and organize the inspection, calibration and testing of measuring devices for use in survey and mapping activities in accordance with the laws on measurement and product and goods quality;

c/ To appraise the necessity, scope and technical and technological solutions of survey and mapping contents in programs, projects and tasks funded by the central budget and performed by ministries, ministerial-level agencies and government-attached agencies; to appraise base survey and mapping projects and tasks performed by provincial-level People’s Committees;

d/ To grant, extend, modify, re-grant, renew and revoke survey and mapping licenses; to grant, extend, re-grant, renew and revoke survey and mapping practice certificates; to examine the performance of survey and mapping activities by licensed organizations and individuals; to examine the publication and distribution of maps; to stop the distribution and direct the recall of unlawful mapping publications; to grant, revoke and invalidate certificates of free sale (CFS) for imported and exported survey and mapping products in accordance with law;

dd/ To create, update, publish and distribute mapping products in accordance with law;

e/ To organize the measurement for making, editing and supplementation of administrative boundary maps to serve the establishment, dissolution, consolidation, division and adjustment of provincial-level administrative boundaries, and the settlement of disputes over provincial-level administrative boundaries in accordance with law;

g/ To organize the measurement for drawing topographic maps for border delimitation and demarcation and planting of national border landmarks and for serving the national border management; to measure, establish and update the set of standard national border maps; to guide the showing of national borderlines and territorial sovereignty on survey and mapping products and mapping publications;   

h/ To act as the national focal point for coordination in international cooperation on survey, mapping and geographic information; to participate in international organizations and forums on survey, mapping and geographic information as assigned by the Government.

13. Regarding integrated management of natural resources and protection of the marine and island environment:

a/ To formulate and submit to competent agencies for approval or adjustment and guide the implementation of national marine space master plans and general master plans on exploitation and sustainable use of coastal resources, and organize, examine and supervise the implementation thereof after they are approved by competent state agencies; to formulate and submit to the Prime Minister for approval key programs on baseline survey of marine and island resources and environment, programs on integrated management of inter-provincial coastal resources, and the classification list of islands, and organize the implementation thereof after they are approved in accordance with law; to propose the Prime Minister to establish the Council for appraisal of the national marine space master plan; to manage sea encroachment activities in accordance with law; 

b/ To monitor and sum up marine and island baseline surveys nationwide; to assume the prime responsibility for formulating, and organizing the implementation of, key marine and island resource and environment baseline survey programs, schemes, projects and tasks as assigned by the Government;

c/ To survey, make statistics on, classify and manage island resources; to manage dossiers of island resources; to provide in detail dossiers of island resources, and guide the making and management of dossiers of island resources;

d/ To assign, recognize, extend the validity period of, recover, or permit the return of part or the whole of, marine areas, amend and supplement decisions on assignment of marine areas; to settle petitions and disputes about the use of marine areas falling under its competence in accordance with law; to manage and guide the assignment of marine areas for exploitation and use of marine resources; to consider and approve in writing according to its competence positions, boundaries, area, coordinates, depth and use duration of marine areas for Vietnamese organizations and individuals to carry out scientific research activities; to measure, monitor, survey and assess marine resources;

dd/ To grant, re-grant, extend, modify, supplement, suspend and revoke licenses for foreign organizations and individuals to conduct scientific research activities in Vietnam’s maritime zones in accordance with law; to monitor and sum up the implementation of marine and oceanic scientific research programs and projects of ministries, sectors and localities in accordance with law;

e/ To grant, re-grant, extend, modify, supplement, permit the return of, and revoke dumping at sea permits according to its competence; to supervise dumping at sea activities and handle violations under regulations;

g/ To guide and direct provincial-level People’s Committees in establishing and protecting coastline protection corridors;

h/ To summarize and assess Vietnam’s sea-related socio-economic potential; to make statistics on, classify, and assess potential of, Vietnam’s maritime zones and islands; to assume the prime responsibility for, and coordinate with related ministries and sectors in, assessing changes in natural resource reserves; to analyze, assess and forecast developments and movements at home and abroad related to the management, exploitation and use of natural resources of, scientific research into, and international cooperation on, Vietnam’s seas and islands; 

i/ To establish, manage, operate and use the system for integrated monitoring and supervision of marine and island resources and environment; to formulate, and organize the implementation of, programs and plans on investment in, exploitation, use and management of, special-use works and means to serve the giving of warnings about marine environment incidents, and marine and oceanic research and survey falling under its management in accordance with law;

k/ To organize monitoring of marine resources and environment; to survey, make statistics on, classify and assess waste sources from activities at sea and on islands according to its competence; to survey and assess the carrying capacity of marine areas and islands in areas with high or very high pollution risks; to announce marine areas and islands that can no longer receive wastes; to assess the situation of marine and island pollution; to zone off marine and island pollution risks and draw maps of zones of marine and island pollution risks; to organize the implementation of measures to prevent, detect, address and remedy pollution and degradation of the marine and island environment and ecosystems; to improve and rehabilitate polluted and degraded marine and island environment and ecosystems;

l/ To assume the prime responsibility for, and coordinate with related ministries, sectors and localities in, organizing the examination and supervision of natural resource exploitation and use and environmental protection activities in maritime zones and coastal areas and on islands; to organize the supervision, assessment of risks, remediation of consequences of oil and toxic chemical spills at sea; to manage marine plastic litter in accordance with law;

m/ To guide and organize public communication about seas and islands in accordance with law;

n/ To perform tasks of the standing body of the National Steering Committee for the implementation of the Strategy for sustainable development of Vietnam’s marine economy through 2030, with a vision toward 2045; to coordinate the implementation of the Strategy for sustainable development of Vietnam’s marine economy through 2030, with a vision toward 2045.

14. Regarding climate change:

a/ To propose and institutionalize climate change-related mechanisms, policies and international initiatives for socio-economic development and maintenance of national defense and security in conformity with national conditions and interests; to propose and recommend modifications, amendments and supplementations to Vietnam’s climate change-related mechanisms, policies and technological standards as suitable to international practices;

b/ To organize national climate assessment; to develop, update and announce climate change scenarios and organize the implementation thereof; to guide and supervise the assessment impacts of climate change; to guide the incorporation of climate change contents in strategies and master plans;

c/ To organize the supervision of greenhouse gas emissions and greenhouse gas emission reduction activities; to organize the greenhouse gas emission reduction measurement, reporting and verification (MRV) system and the climate change response monitoring and evaluation (M&E) system;

d/ To plan, update, and organize the implementation, management and supervision of, nationally determined contributions; to prepare national reports on climate change and protection of the ozone layer in accordance with law and treaties to which the Socialist Republic of Vietnam is a contracting party; to organize the national inventory of greenhouse gas emissions and implementation of the national plan on adaptation to climate change;

dd/ To formulate, and organize the implementation of, the mechanism for carbon credit exchange and clearing; to organize the operation of the domestic carbon market and participation in the world carbon market; to manage and allocate greenhouse gas emission allowances; to evaluate and decide to approve programs and projects on carbon credit exchange and clearing within the United Nations Framework Convention on Climate Change, treaties and international agreements to which the Socialist Republic of Vietnam is a contracting party;

e/ To assume the prime responsibility for negotiating, concluding and implementing treaties and joining international organizations on climate change; to mobilize international resources and organize the coordination and implementation of international cooperation schemes, projects and tasks on climate change falling under its competence;

g/ To develop priority criteria for, and organize the review and determination of the list of, priority projects on response to climate change; to give its opinions on climate change-related programs, schemes, projects and tasks of ministries, sectors and localities; 

h/ To act as the focal point for implementation of international commitments on climate change and protection of the ozone layer under treaties to which the Socialist Republic of Vietnam is a contracting party; to act as the national focal point for the Adaptation Fund; to act as the national focal point for implementation of the United Nations Framework Convention on Climate Change, the Kyoto Protocol and the Intergovernmental Panel on Climate Change (IPCC); to act as the national authority for implementation of the mechanisms within the framework of the Paris Agreement on Climate Change; to act as the national full-time agency of the Climate Technology Center and Network (CTCN); to act as the national focal point for greenhouse gas emission reduction actions suitable to national conditions; 

i/ To organize, examine and guide the management, consumption and phase-out of ozone layer-depleting substances and substances responsible for the greenhouse effect as specified in the Montreal Protocol on Substances that Deplete the Ozone Layer;

k/ To assist the National Committee for Climate Change in urging and summing up results of the implementation of strategies, master plans, plans, programs, schemes, projects and tasks related to climate change and green growth by ministries, sectors and localities.

15. Regarding remote sensing:

a/ To guide and organize the application of remote sensing in the monitoring and supervision of natural resources, the environment, disasters, climate change and other fields so as to serve the state management, socio-economic development, security and national defense in accordance with law; 

b/ To make and publish reports on periodical and unscheduled monitoring and supervision of the exploitation and use of natural resources, environmental pollution, and climate change with remote sensing technology;

c/ To build, manage and operate infrastructure facilities for receipt of remote sensing image data falling under its management; to develop and update the national remote sensing image database; to sum up and announce remote sensing metadata of the national remote sensing image database; to manage quality of remote sensing products;

d/ To sum up the demand for use of remote sensing image data and information of ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees, and work out plans on receipt of remote sensing image data according to their extraordinary tasks assigned to them;

dd/ To verify contents related to the system for receipt of remote sensing image data; the receipt, preservation, processing, provision, exploitation and use of remote sensing image data; the application and development of remote sensing technology for programs, schemes, projects and tasks of ministries, sectors and localities;

e/ To guide and examine remote sensing activities of organizations and individuals in accordance with law;

g/ To act as the national focal point to join international organizations and forums on remote sensing.

16. To collect, receive, synthesize and process information and data, build, manage, preserve, store, update, operate and use national information systems and databases in the fields of natural resources and environment; to announce, publish and provide information and data on natural resources and environment; to guide and examine the collection, management, provision, exploitation and use of information and data on natural resources and environment in accordance with law.

17. To organize the statistical work and inventory and archive of documents and data on the fields under its management in accordance with law.

18. To direct and organize scientific and technological research and organize the application of scientific and technological advances; to develop science and technology, innovation, and technology transfer; to manage measurement and product and goods quality in the fields under its management in accordance with law.

19. To carry out international cooperation in the fields under its state management in accordance with law; to organize the conclusion of treaties as authorized by competent state agencies; to conclude international agreements in its own name; to join international organizations as assigned by the Government.

20. To manage and organize the application of information technology; to carry out digital transformation and build information systems and big databases in the field of natural resources and environment; to apply digital technology solutions in the monitoring, supervision, management and handling of natural resource and environment incidents and early disaster warning; to develop an e-government, proceeding to develop a digital government, digital economy and digital society in the natural resource and environment sector; to build, manage and operate, and ensure information security of, digital infrastructure facilities, digital platforms, data platforms, and digital services related to national natural resources and environment; to integrate, connect, analyze, process, announce, provide and share natural resource and environment data and information under regulations.

21. To organize and direct the implementation of its administrative reform program according to the objectives and contents of the Prime Minister-approved state administrative reform program and general plan.

22. To formulate and submit to competent authorities the master plan on the network of public non-business units and public services, and mechanisms and policies on provision of public services and mobilization of social resources for the provision of public services in the fields under its state management; to guide and organize the implementation thereof after they are approved; to provide public services in the fields under its state management.

23. To manage associations and non-governmental organizations operating in the fields under its state management in accordance with law.

24. To represent the owner of state capital portions at its attached enterprises in accordance with law.

25. To manage the organizational structure, apparatus, civil servant payroll, number of public employees, working positions, structure of civil servant ranks and structure of public employees based on their professional titles; to decide on rotation, transfer, appointment, relief from duty, resignation, secondment, commendation, disciplining, premature retirement, retirement, salary regime and other entitlements for officials, civil servants, public employees and workers under its management under regulations; to train and further train officials, civil servants, public employees and workers in sectors and fields under its management.

26. To carry out examination and inspection; to organize reception of citizens and settle complaints and petitions of organizations and citizens; to settle denunciations of individuals; to organize judicial assessment and valuation activities in the fields under its state management in accordance with law; to prevent and combat corruption and negative practices and handle violations in the fields under its state management.

27. To manage assigned finance and assets, and manage and use state budget allocations in accordance with law.

28. To perform other tasks and exercise other powers assigned or vested by the Government or Prime Minister or provided by law.

Article 3. Organizational structure

1. The Department of International Cooperation.

2. The Department of Planning-Finance.

3. The Department of Science and Technology.

4. The Department of Legislation.

5. The Department of Organization and Personnel.

6. The Department of Land.

7. The Department of Environment.

8. The Inspectorate.

9. The Office.

10. The Vietnam Meteorological and Hydrological Administration.

11. The Nature and Biodiversity Conservation Agency.

12. The Department of Seas and Islands of Vietnam.

13. The Department of Climate Change.

14. The Department of Digital Transformation and Natural Resource and Environment Data.

15. The Department of Land Registration and Data.

16. The Department of Geology of Vietnam.

17. The Department of Survey, Mapping and Geographic Information of Vietnam.

18. The Department of Minerals of Vietnam.

19. The Department of Environmental Pollution Control.

20. The Department of Water Resources Management.

21. The Department of Land Resources Planning and Development.

22. The Department of National Remote Sensing.

23. The Institute of Strategy and Policy on Natural Resources and Environment.

24. The Natural Resources and Environment Newspaper.

25. The Natural Resources and Environment Magazine.

26. The National Center for Water Resources Planning and Investigation.

27. The Training Center for Natural Resources and Environment Officials.

The units specified in Clauses 1 thru 22 of this Article are administrative units assisting the Minister in performing the function of state management, while those specified in Clauses 23 thru 27 are non-business units serving the Ministry’s state management function.

The Minister of Natural Resources and Environment shall submit to the Prime Minister regulations on functions, tasks, powers and organizational structure of the Vietnam Meteorological and Hydrological Administration, and promulgate the list of other public non-business units attached to the Ministry.

The Minister of Natural Resources and Environment shall define the functions, tasks, powers and organizational structures of its attached units, excluding the unit specified in Clause 10 of this Article.

The Department of Planning-Finance and the Department of Organization and Personnel has 3 divisions each.

Article 4. Effect

1. This Decree takes effect on November 1, 2022.

2. This Decree replaces the Government’s Decree No. 36/2017/ND-CP of April 4, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment.

Article 5. Transitional provisions 

1. The Department of Information Technology and Natural Resource and Environment Data, the Vietnam Administration of Seas and Islands, the General Department of Geology and Minerals of Vietnam, the Vietnam Environment Administration, and the General Department of Land Administration may continue their operation under current regulations until the effective date of the Minister of Natural Resources and Environment-issued Decisions defining the functions, tasks, powers and organizational structures of the units specified in Clauses 6, 7, 8, 11, 12, 14, 15, 16, 18, 19 and 21, Article 3 of this Decree.

2. The Minister of Natural Resources and Environment shall define the functions, tasks, powers and organizational structures of the Ministry’s Inspectorate, the Department of Geology of Vietnam and the Department of Minerals of Vietnam, ensuring perpetuity of the tasks and powers of the General Department of Geology and Minerals of Vietnam; of the Department of Environment, the Nature and Biodiversity Conservation Agency, and the Department of Environmental Pollution Control, ensuring perpetuity of the tasks and powers of the Vietnam Environment Administration; of the Department of Land, the Department of Land Registration and Data, and the Department of Land Resource Planning and Development, ensuring perpetuity of the tasks and powers of the General Department of Land Administration; and of the Department of Seas and Islands of Vietnam, ensuring perpetuity of the tasks and powers of the Vietnam Administration of Seas and Islands, in accordance with law and treaties to which the Socialist Republic of Vietnam is a contracting party until competent agencies promulgate or amend and supplement relevant regulations.

3. The public non-business units attached to the Vietnam Administration of Seas and Islands, the General Department of Geology and Minerals of Vietnam, the Vietnam Environment Administration, and the General Department of Land Administration may continue their operation under current regulations until competent authorities issue decisions on consolidation or reorganization of such units.

Article 6. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
PHAM BINH MINH