Government Decree
specifying the functions, responsibility, authority and the organizational structure of the Ministry of Natural Resources and Environment

The Government

- Pursuant to the Law of Government Organization dated 25.12.2001
- Pursuant to the Resolution No. 02/2002/HQ1 dated 05.8.2002 ratified by the National Assembly, Term XI, first meeting specifying the list of Ministries and ministerial level bodies under the Government.
- Pursuant to the Resolutions as a result of Government regular meeting in September 2002 No. Decree 11/2002/NQ-CP dated 4.10.2002.
- Pursuant to the Decree No. 86/2002/ND-CP dated 5.11.2002 by the government to specify the functions, responsibility and organizational structure of Ministries and ministerial level bodies.
- In reference to the proposal of the Ministry of the Ministry of Natural Resources and Environment and the Minister of the Ministry of Domestic Affairs.

now issues the Decree

Article 1. Positions and functions

The Ministry of Natural Resources and Environment is a government body to exercise the state function of management over the land, water resources, minerals, environment, meteorology, hydro geography, measuring and mapping in the national scope; exercise the governance over the public services and represent the owner of state capital in enterprises using state budgets relating to natural resources of land, water, minerals, environment, meteorology, hydro geography, measuring and mapping specified by laws.

Article 2. Tasks and authorities

The Ministry of Natural Resources and Environment is in charged of implementing the tasks and authorities specified in Decree No. 86/2002/ND-CP of the Government dated 05 November 2002 on functions, tasks, authorities and organization structure of the ministries, ministerial level bodies, and the following specific tasks and authorities:

1. Submit to the Government law, ordinance projects and other legal normative documents on land, water, mineral resources and environment, hydrometeorology, survey, and topography;

2. Submit to the Government development strategy, planning, long-term, 5 - year and annual plans on land, water, mineral resources and environment, hydrometeorology, survey, topography and other important schemes in its area of management;

3. Issue legal normative documents, standards, regulations, processes, economic-technical norms in its areas of management on land, water, mineral resources and environment, hydrometeorology, survey, and topography;

4. Organize and direct the implementation of the approved legal normative documents, strategies, planning, plans and the professional standards, regulations, processes, economic-technical norms; disseminate, propagandize, educate on the laws and information on land, water, mineral resources and environment, hydrometeorology, survey, and topography;

5. On land resources:

a) Formulate and submit to the Government for consideration and submission to the National Assembly for approval of land-use plans and planning nationwide.

b) Appraise land-use plans and planning of the provinces and centrally-governed cities and those for security and defense of the Ministry of Defense and Ministry of Public Security to submit to the Government for approval;

c) Submit to the Government for approval of the land allocation or restoration decisions in cases where the Government has the competent jurisdiction.

d) Direct the implementation of the survey, investigation, assessment, measurement, classification of land and set up cadastral topography; provide guidelines and summarize land statistics and data, and to set up and manage the cadastral documents;

e) Uniformly manage the allocation, lease, restoration of land, the transfer of land-use rights, the changing of land-use purposes, and register and issue land-use right certificates.

f) Guild the provincial, centrally-governed city people's committees in issuing land-use right certificates according to the regulations of the laws;

g) Inspect the provincial, centrally-governed city people's committees in determining land price according to the land price frame and principles and approaches regulated by the Government in determining prices of different types of land.

6. On water resources

a) Submit to the Government for approval of the assignment and devolvement in implementing the basic surveys and the authority to license, revoke of the licensed licenses on water resources; and direct and supervise the implementation thereof upon approval;
b) Summarize the data, manage the results of the basic surveys, inventory, assess water resources and establish database on water resources;
c) Regulate, direct and supervise the implementation of the measures used for the protection of water resources;
d) Accommodate the National Council on Water Resources.

7. On mineral resources

a) Submit to the Government for approval of the assignment and devolvement in implementing the basic geological surveys on mineral resources; set up the national geology topography; regulate and announce areas where the mineral activities are prohibited or temporarily prohibited, restricted or subject for tendering; direct and supervise the implementation thereof upon approval;

b) Submit to the Government for approval of the authority to license, extend and restore licenses for conducting mineral activities and the procedures thereof and for permitting the returning license for conducting mineral activities, the transferring and leaving the estate the rights to conduct mineral activities, register the mineral activities;

c) Identify the areas where there are minerals that have not yet been explored; circle areas where there are toxic minerals; appraise and approve within the assigned jurisdiction reports and proposals on basic surveys on mineral resources, investigate, prospect in mineral activities;

d) Regulate, direct and supervise the implementation of measures for the protection of mineral resources;

e) Collate data, manage the results of basic geology surveys on mineral resources, investigate, prospect mineral resources; calculate, inventory and assess the quality and quantity of mineral resources; maintain, manage the materials, samples and state secrets of data and information on geology and mineral resources;

f) Accommodate the Standing State Council on determining the quantity of mineral resources.

8. On environment

a) Direct and supervise the implementation of the regulations and measures for the protection of the environment, the programs and projects on the prevention of, combat, and overcoming the degradation and pollution, environmental break-down as assigned by the Government;

b) Uniformly manage the national environmental monitoring system; summarize and treat data resulted from environmental monitoring and regularly assess the environment, forecast the environmental changes;

c) Appraise environmental-impact assessment reports of the projects and business, production units; regulate environmental standards and uniformly manage the licensing, restoring the environmental standards-satisfied certificates according to the regulations of the laws;

d) Mobilize the donor resources, receive the investment capital from the State to support programs, projects, activities, and tasks to protect the environment and manage the utilization of Vietnam Environmental Protection Fund.

9. On hydrometeorology

a) Direct and organize the implementation of the basic surveys on hydrometeorology; collect and assess elements and materials on hydrometeorology; treat and supply the information, materials and hydrometeorology forecasts;

b) Appraise the hydrometeorology technical standards with respect to the infrastructure construction, rehabilitation, upgrading, expanding projects on hydrometeorology schemes or works; organize the registration, license and restoration of licenses for operation of the hydrometeorology works according to the regulations of the laws.

10. On survey and topography

a) Uniformly manage the survey and topography activities; manage the basic survey and topography, the map on national border and administrative territories; manage the place-names system on map, national reference system, national survey original data system, nationwide local survey units system, professional and basic aerial system; issue and restore licenses for the operation of the survey and topography activities according to the regulations of the laws;

b) Establish, adjust, publish and distribute types of basic geographic maps, ground maps, administrative maps, manage the supply of information, materials and State secrets on the information and materials system on survey and topography.

11. Appraise and supervise the implementation of investment projects on land, water, mineral resources and environment, hydrometeorology, survey, and topography according to the regulations of the laws;

12. Carry out the international cooperation in the areas of land, water, mineral resources and environment, hydrometeorology, survey, and topography according to the regulations of the laws;

13. Organize the direct the implementation of the scientific research plans and the application of advanced scientific and technological achievements in the areas of land, water, mineral resources and environment, hydrometeorology, survey, and topography;

14. Decide specific policies and measures and direct the implementation of operation mechanism of the organizations providing public services in the areas of land, water, mineral resources and environment, hydrometeorology, survey, and topography; manage and direct the operation of the professional affiliates belong to the Ministry;

15. Implement specific tasks, authorities as of the ownership representative with respect to the part of the State capital in enterprises under the management of the Ministry according to the regulations of the laws in the areas of land, water, mineral resources and environment, hydrometeorology, survey, and topography;

16. To carry out the State management on the activities of the social associations and non-governmental organizations in the areas of land, water, mineral resources and environment, hydrometeorology, survey, and topography according to the regulations of the laws;

17. Inspect, supervise, settle of claims and denouncements, combat corruption and bureaucracy and treat infringements of the laws on land, water, mineral resources and environment, hydrometeorology, survey, and topography within its assigned authorities;

18. Decide and direct the implementation of the administrative reform program of the Ministry according to the objectives and contents of the State Administrative Reform Program approved by the prime Minister;

19. Manage the organizational structure and staff; direct the implementation of the salary system and other beneficiaries on favorable treatments, reward and punishment with respect to its staff, cadres, officials; educate and train on professional skills and knowledge with respect to its staff, cadres, officials in the areas of land, water, mineral resources and environment, hydrometeorology, survey, and topography;

20. Manage the finance, and assigned properties and organize the implementation of the allocated budget according to the regulations of the laws.

Article 3. Organizational structure of the Ministry

a) Institutions designed to support the Minister in executing the state management function:

1. Land Department
2. Department of Land Registration and statistics
3. Department of environment
4. Environment Impact Assessment and Appraisal
5. Department of meteorology & hydrology
6. Department of Science and Technology
7. Department of Planning- Financing
8. Department of International Cooperation
9. Department of Legislation
10. Department of Personnel organization
11. Bureau of water resources management
12. Bureau of Geology and Minerals of Vietnam
13. Bureau of Environment protection
14. Bureau of Measuring and Mapping
15. Inspection
16. Administration Office

b. Other educational resource organizations under the Ministry

1. National Center of Meteorology & Hydrology
2. Center of Land survey and planning
3. Center of Remote Sensing
4. Center of Information
5. Natural Resources & Environment Magazine
6. Natural Resources & Environment Newspaper

The Minister of Natural Resources & Environment Ministry shall take initiate and coordinate with the Minister of Ministry of Domestic Affairs to arrange the options for organizational set-up for the following institutes: Institute of Geology and Minerals of Vietnam, the Institute of Science of Cadastre, the Institute of science of Meteorology and Hydrology and the existing training schools of General Bureau of Cadastre, General Bureau of Meteorology and Hydrology to submit to the Prime Minister for decision .

Article 4. Term of execution

This decree is valid for execution since the date of signing.

The Decree No. 34/CP dated 23.4.1994 issued by the Government on functions, responsibilities and authorized powers of the mechanism of Bureau of Cadastre, and Decree No. 62/CP dated 11.7.1994 issued by the Government on functions, responsibilities and authorized powers of the mechanism of Bureau of Meteorology and Hydrology and other previous regulations, against this Decree, shall be abolished.

ISG - International Support Group, Room # 207-209, Building A8, 10 Nguyen Cong Hoan, Hanoi, Vietnam
Tel: (84 - 4) 37711736 - 62930597 Fax : (84-4) 37713071 Email:isgmard@fpt.vn
Website developed with support from UNDP and REFAS
Powered by the web servers of ICARD and UNDP