What are position and function of the Department of Natural Resources and Environment in Vietnam?

What are position and function of the Department of Natural Resources and Environment in Vietnam?

Pursuant to Article 3 of Circular 05/2021/TT-BTNMT stipulating positions and functions as follows:

1. The Department of Natural Resources and Environment is a specialized agency under the district-level People's Committee, performing the function of advising and assisting the district-level People's Committee in state management of natural resources and environment, including: land; Water Resources; natural resources; environment; general management of natural resources and environmental protection of sea and islands (for coastal districts); surveying and cartography; Climate Change.

2. Department of Natural Resources and Environment has its own seal and account; subject to the direction, management and administration of the district-level People's Committee, and at the same time under the direction, inspection and professional guidance of the Department of Natural Resources and Environment.

What are regulations on duties and powers of the Department of Natural Resources and Environment in Vietnam?

According to Article 4 of Circular 05/2021/TT-BTNMT, duties and powers of the Department of Natural Resources and Environment are as follows:

1. To submit to the district-level People's Committees for promulgation resolutions, decisions, medium-term and annual development master plans and plans in the field of natural resources and environment under the promulgating competence of the People's Councils and district-level People's Committees; programs and measures to organize the performance of tasks related to natural resources and environment under the decision competence of the People's Council and the People's Committee of the district; draft regulations on functions, tasks, powers and organizational structure of the Department of Natural Resources and Environment.

2. To submit to the President of the district-level People's Committee the draft decision and other documents on natural resources and environment under the promulgation competence of the President of the district-level People's Committee.

3. Organize the implementation of legal documents, plannings, plans, programs and other documents in the field of natural resources and environment after they have been approved by competent authorities; information, propaganda, dissemination and education of the law, monitoring the enforcement of the law on natural resources and environment in accordance with the law.

4. About the land

a) Advising the district-level People's Committees in formulating master plans and plans on land use, adjusting master plans and plans on land use at district level and organizing the implementation after they are approved;

b) Appraisal of dossiers on land allocation, land lease, land recovery, change of land use purpose, grant of certificates of land use rights, ownership of houses and other land-attached assets to the parties; subjects under the authority of the People's Committee of the district;

c) Participating in determining land prices, land use levies and land rents in the locality; organize the appraisal of compensation, support and resettlement plans in accordance with law; advise and assist the President of the district-level People's Committee to decide on land requisition and extension of land requisition; advise and assist the People's Committee of the district in the auction of land use rights in the district according to regulations.

5. About water resources

a) Take measures to protect the quality of water resources and domestic water sources in the locality; survey, statistics, synthesis and classification of wells to be filled;

b) Coordinate in responding to and overcoming incidents of water source pollution; monitor, detect and participate in solving water source pollution incidents according to its competence;

c) Coordinate with organizations to register activities of exploitation and use of water resources according to their competence.

6. About mineral resources

a) Perform tasks related to the lease of land for mineral activities, use of technical infrastructure and other related issues for organizations and individuals permitted to conduct mineral activities in accordance with the provisions of law;

b) Take measures to protect unexploited minerals and other natural resources as prescribed by law;

c) Proposing the mobilization of forces in the area to clear and prevent illegal mineral activities; report to the district-level People's Committee on the protection of unexploited minerals in the locality as prescribed by law.

7. About the environment

a) Organize the registration, certification and inspection of the implementation of the environmental protection plan, the plan for prevention, response and remedy of environmental incidents in the locality; advise the district-level People's Committees on state management of waste incident response; organize the inspection and assessment of the risk of waste incidents; organize waste incident response, environmental improvement and restoration after waste incidents in the locality according to the provisions of law;

b) Organize the collection of environmental protection fees for industrial wastewater according to the provisions of law for establishments under their management in the locality; making reports on environmental protection; participate in making periodical reports on the current state of the environment; advising on the implementation of statistics and reporting on the results of statistical indicators on the environment; carry out the work of environmental protection of craft villages, industrial clusters and tourist resorts in the area as assigned by the district-level People's Committees and in accordance with law; collect, manage and store data on the environment, nature conservation and biodiversity in the locality;

c) Implement activities to conserve nature and biodiversity in the area under management according to the provisions of law.

8. On general management of natural resources and environmental protection of sea and islands (for coastal districts)

a) Appraise the dossier and submit it to the district-level People's Committee for decision on the assignment, recognition and permission to return the sea area for aquaculture; extending, amending and supplementing the Decision on allocation of marine areas for aquaculture; recover marine areas for aquaculture; manage the use of marine areas under the jurisdiction of the district-level People's Committees;

b) Take measures to protect marine and island resources that have not been exploited or used in accordance with law;

c) Protect the coastal protection corridor in the area; coordinate with agencies and organizations in protecting the system of monitoring and supervising natural resources and environment of sea and islands in the area under their management;

d) Participating in responding to and overcoming oil and toxic chemical spills at sea; monitor, detect and participate in solving incidents causing marine environmental pollution, coastal erosion and landslides.

9. Participating in the management of geodetic landmarks as decentralized by the People's Committees of the province and performing other state management tasks of surveying and cartography as decentralized or authorized by superior state management agencies. 

10. Participate in the development and update of the provincial action plan to respond to climate change; organize the implementation of action plans to respond to climate change in the district; organize the implementation of programs, tasks and projects on climate change as assigned by the district-level People's Committees and the Department of Natural Resources and Environment.

11. Perform state management tasks on hydro-meteorological activities as decentralized or authorized by superior state management agencies; participate in the protection of hydro-meteorological works belonging to the network of national hydro-meteorological stations and other hydro-meteorological stations in the locality; participate in the settlement and handling of violations on hydrometeorology according to its competence.

12. Appraisal, registration and grant of all kinds of permits on natural resources and environment according to the provisions of law and as assigned, decentralized or authorized by the People's Committee of the district.

13. Monitor and examine organizations and individuals in the implementation of the law provisions on natural resources and environment; receive citizens, settle complaints and denunciations; prevent and combat corruption and waste in accordance with the law and as assigned by the district-level People's Committee.

14. Carry out research and application of science and technology; deploying e-Government, digital transformation towards digital government in terms of natural resources and environment; build, manage, operate and provide data, information and documents on natural resources and environment according to the provisions of law and as assigned by the district-level People's Committee.

15. Assist the district-level People's Committee in managing the organization and operation of associations and non-governmental organizations in the field of natural resources and environment under the jurisdiction of the district-level People's Committee.

16. Assist the district-level People's Committee in organizing training, fostering and guiding and inspecting professional knowledge and skills in state management of natural resources and environment for civil servants specialized in natural resources and environment under the People's Committee of the commune and relevant organizations and individuals in accordance with the law.

17. Manage and employ civil servants according to employment positions; propose commendation, discipline, professional training and retraining for civil servants under the management of the Division of Natural Resources and Environment in accordance with law; manage and organize the effective use of public property, assets and working means, finance and budget assigned according to the provisions of law and as assigned or authorized by superior state agencies.

18. To carry out periodic and irregular information and reports on the performance of assigned tasks to the People's Council, district-level People's Committee, Department of Natural Resources and Environment.

19. Perform other tasks as prescribed by law and as assigned, decentralized or authorized by the district-level People's Committee, district-level People's Committee chairpersons and superior state agencies.

Best Regards!