THE PRIME MINISTER | THE SOCIALIST REPUBLIC OF VIETNAM |
No. 15/2018/QD-TTg | Hanoi, March 12, 2018 |
DECISION
DEFINING FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE VIETNAM ENVIRONMENT ADMINISTRATION AFFILIATED TO THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016 defining the functions, tasks, powers and organizational structures of Ministries and ministerial agencies;
Pursuant to the Government’s Decree No. 36/2017/ND-CP dated April 0, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;
At the request of the Minister of Natural Resources and Environment;
The Prime Minister hereby promulgates a Decision defining functions, tasks, powers and organizational structure of the Vietnam Environment Administration affiliated to the Ministry of Natural Resources and Environment.
Article 1. Position and functions
1. The Vietnam Environment Administration (hereinafter referred to as “the VEA”) is an organization that is affiliated to the Ministry of Agriculture and Rural Development and exercises the functions of assisting the Minister of Agriculture and Rural Development in performing state management and organizing implementation of the law on environmental protection and biodiversity nationwide; manage and organize provision of public services under its management in accordance with regulations of law.
2. The VEA has its own legal status, seal bearing the national emblem and account. Its head office is located in Hanoi City.
Article 2. Tasks and powers
1. Submit the following documents to the Minister of Agriculture and Rural Development:
a) Bills and draft resolutions of the National Assembly; ordinance projects and draft resolutions of the Standing Committee of the National Assembly; draft decrees and resolutions of the Government; draft decisions and directives of the Prime Minister; mechanisms, policies and other documents under the VEA’s management;
b) Annual, medium-term and long-term development strategies, planning and plans, inter-provincial and national environmental protection and biodiversity programs, schemes and projects; environmental reports; environmental protection reports prescribed by law;
c) Financial mechanisms, policies and economic instruments on environment; mechanisms, policies for provision of incentives and assistance, resource mobilization and private sector involvement in environmental protection;
d) National standards, national technical regulations, national indicators, technical indicators and processes and technical - economic norms under the VEA’s management.
2. Provide professional guidelines under the VEA’s management.
3. Provide instructions, inspect and organize implementation of legislative documents, mechanisms, policies, strategies, planning, plans, programs, schemes and projects under the VEA’s management.
4. Organize the dissemination of and education about law on environmental protection and biodiversity as assigned by the Minister of Natural Resources and Environment; provide legal assistance in environmental protection to enterprises as prescribed by law.
5. Regarding environmental protection planning
a) Provide instructions on and inspect the formulation, appraisal and approval of the environmental protection planning and organize the implementation thereof;
b) Organize formulation of national environmental protection planning; appraise contents of provincial national environmental protection planning within VEA’s power as prescribed by law.
6. Regarding strategic environmental assessment, environmental impact assessment, environmental protection projects and environmental remediation and improvement plans
a) Organize appraisal of strategic environmental assessment reports; organize appraisal of and submit strategic environmental assessment reports to the Minister of Natural Resources and Environment for approval as prescribed by law;
b) Organize appraisal of and submit detailed environmental protection projects to the Minister of Natural Resources and Environment for approval as prescribed by law;
c) Organize appraisal of and submit environmental improvement and remediation plans for mineral mining to the Minister of Natural Resources and Environment for approval as prescribed by law;
d) Provide instructions, inspect and consolidate reports on appraisal of strategic environmental assessment reports; on appraisal and approval of environmental impact assessment report, detailed environmental protection projects and plans to improve and remedy environment upon mineral mining nationwide; on registration of environmental protection plans; on formulation, appraisal and approval of simple environmental protection projects;
dd) Propose the formulation of environmental impact assessment reports for investment projects likely to cause environmental pollution or environmental degradation that are yet to be included in the list of projects required to prepare environmental impact assessment reports.
7. Regarding control of sources of pollution generated from manufacturing, business operation and service provision
a) Provide guidance on control of sources of pollution during construction and trial operation of investment projects within VEA's power in accordance with regulations of law;
b) Provide guidance on control of sources of pollution generated from manufacturing, business operation and service provision, including sources in industrial parks, export-processing zones, hi-tech zones, industrial clusters and craft villages within VEA’s power in accordance with regulations of law;
c) Provide guidance on and inspect the compilation of lists and the handling of all facilities causing serious pollution, and confirm completion of the handling in accordance with regulations of law;
d) Provide guidance on and inspect environmental protection in the case of chemicals, agrochemicals, veterinary drugs, demolition of used ships and import of scrap as production materials within VEA’s power as prescribed by law;
dd) Compile and submit to the Minister of Natural Resources and Environment a list of biological preparations used for pollution prevention and control, and waste treatment, list of biological preparations causing environmental pollution prohibited from import, list of scrap permitted for import within VEA’s power in accordance with law;
c) Provide guidance on and inspect the fulfillment of environmental criteria upon new rural development in accordance with law;
g) Provide guidance on and inspect environmental emergency prevention and response as prescribed by law;
8. Regarding management of domestic solid waste, normal industrial solid waste and hazardous waste
a) Submit a list of hazardous waste to the Minister of Natural Resources and Environment in accordance with law;
b) Provide guidance on and inspect the registration of hazardous waste source owner; management of hazardous waste nationwide;
c) Provide guidance on techniques and process for classifying, storing, collecting, transiting, transporting, preliminarily processing, re-using, re-cycling, co-processing, treating, and recovering energy from domestic solid waste, normal industrial solid waste and hazardous waste;
d) Organize investigation, review and prediction of the generation, collection and treatment of domestic solid waste, normal industrial solid waste and hazardous waste nationwide;
dd) Provide guidance on and inspect the classification of domestic solid waste, and pilot and multiply model for classification of domestic solid waste at source;
e) Provide guidance and inspect the recall and handling of discarded products, destruction of motor vehicles and mopeds of entities entitled to privileges and immunities in Vietnam as prescribed by law.
9. Regarding environmental quality management and improvement
a) Provide guidance on, inspect and organize the supervision and assessment of status and changes in soil, water and air quality, cross-border pollution and acid rain as prescribed by law;
b) Provide guidance on, inspect and organize the supervision of environmental quality changes in key economic regions, areas that with varied sources of pollution and large sources of waste, river basins, sea, islands, urban areas, rural areas, residential communities and public areas as prescribed by law;
c) Provide guidance on, inspect and organize the assessment of environment’s pollutant carrying capacity as prescribed by law;
d) Provide guidance on, inspect and organize the investigation, assessment, zoning, warning and mapping of areas where environment is polluted or degraded within VEA's power as prescribed by law;
dd) Provide guidance on, inspect the execution and execute projects on improving and remedying environment of areas contaminated by residual toxic chemicals, dioxins and agrochemicals as prescribed by law;
e) Provide guidance on, inspect and organize the execution of river basin environment protection projects within VEA’s power as prescribed by law;
g) Provide guidance on, inspect and organize the environmental quality improvement in urban areas, residential areas, rural areas, mountainous areas, economic zones, river basins and coastal areas within VEA’s power as prescribed by law;
h) Provide guidance on, inspect and organize the research, investigation and assessment of environmental health within VEA’s power as prescribed by law;
i) Provide guidance on, inspect and organize the investigation, determination and calculation of environmental damage, and determination of liability for damage in the case of causing environmental pollution or degradation as prescribed by law;
k) Provide guidance on and inspect the payment of deposits on environmental improvement and remediation and provision of insurance against compensation for environmental damage as prescribed by law.
10. Regarding nature and biodiversity conservation
a) Provide guidance on, inspect, supervise, review and organize baseline survey, inventory, monitoring and assessment of natural ecosystem, precious and rare wild animal and plant species and genetic resources under priority protection as prescribed by law;
b) Formulate, submit to the Minister of Natural Resources and Environment and organize the implementation of national comprehensive planning for biodiversity conservation; provide guidance on, inspect the formulation and appraisal of biodiversity conservation planning of provinces and central-affiliated cities; appraise the conformity of the biodiversity conservation planning of Ministries and ministerial agencies and the national comprehensive planning for biodiversity conservation; provide guidance on incorporating biodiversity in the socio-economic, sectoral and territorial development planning and strategies;
c) Formulate and submit to the Minister of Natural Resources and Environment a list and program for conservation of endangered, precious and rare species under priority protection exclusive of plant varieties and animal breeds; list of invasive alien species; provide guidance on biodiversity conservation in nature areas and habitats that have yet to satisfy conditions for establishment of a protected area;
d) Organize an inter-agency council for appraisal of project on establishment of national protected area involving at least 02 provinces or cities; preside over and cooperate with People’s Committees of provinces or central-affiliated cities concerned in setting up the project and organize management of the national protected area as assigned by the Government;
dd) Provide guidance on and inspect the control of spread of invasive alien species, assessment of their invasion, and removal of invasive alien species; conservation of biodiversity at biodiversity conservation centers; conservation of species on the list of endangered, precious and rare species under priority protection exclusive of plant varieties and animal breeds nationwide;
e) Provide guidance on and inspect the preservation of genetic resources and genetic specimens of species under priority protection; provide guidance on management and supervision of access to genetic resources, access to associated traditional knowledge and sharing of benefits arising from the utilization of genetic resources managed by the State, and traditional knowledge of genetic resources;
g) Assist the Minister of Natural Resources and Environment in performing tasks of the Government’s agency in charge of management of biosafety of genetically modified organisms; products and goods derived from genetically modified organisms;
h) Provide guidance on and inspect the payment for environmental services related biodiversity;
i) Organize compilation of Vietnam’s Red Data Book.
11. Provide guidance on, inspect and organize the registration, confirmation, recognition, issuance, re-issuance, adjustment, extension and revocation of licenses and certificates on environment and biodiversity within VEA’s power as prescribed by law.
12. Regarding monitoring and management of monitoring data and preparation of environmental status report
a) Organize the execution of the national environmental quality monitoring program, environmental impact monitoring program, and regional, inter-provincial and cross-national environmental monitoring programs; provide guidance on, inspect, supervise and consolidate environmental monitoring programs nationwide;
b) Organize establishment of environmental monitoring systems according to the comprehensive planning for national environmental monitoring system approved by the competent authority; provide guidance on, inspect, supervise and review the construction of environmental monitoring systems nationwide;
c) Joint global environmental monitoring and response networks;
d) Organize research and application of new environmental monitoring methods and technologies;
dd) Manage quality, verify, calibrate and test environmental monitoring equipment as prescribed by law;
e) Uniformly manage environmental monitoring data; establish a national environmental monitoring database; announce national environmental monitoring results; provide professional guidance and technical assistance in management of environmental monitoring data;
g) Prepare and announce environmental status report and thematic report on national environment as prescribed by law; provide guidance on, inspect, supervise and review the preparation of environmental status report and thematic report on national environment nationwide.
13. Regarding management of environmental information and data and public awareness raising
a) Develop and manage information system, documents, data and national database on soil, water, air, natural ecosystems, species, genetic resources, waste sources, normal solid waste, hazardous waste, areas where environmental pollution and degradation occur and other environmental factors; provide guidance on collection, management, aggregation, storage and provision of environmental data of ministries and local authorities;
b) Consolidate and publish environmental information as prescribed by law;
c) Provide guidelines for regulations on delivery, provision and sharing of information and documents on national environment as prescribed by law;
dd) Provide guidance on, inspect, supervise, review and organize the investigation, collection and consolidation of statistical indicators and reports on environment in service of preparation of environmental protection reports within VEA's power as prescribed by law; establish and maintain local and central environmental protection reporting systems;
dd) Organize establishment and development of networks serving communication and raising of environmental awareness.
e) Organize the execution of communication programs to raise public awareness of environment and biodiversity; release publications about environment and biodiversity as prescribed by law;
g) Organize Vietnam National Environment Award ceremony and other environmental competitions as prescribed by law;
h) Build, disseminate and multiply effective communication models for raising public awareness of environment.
14. Regarding science and technology
a) Provide guidance on assessment of works, equipment and technologies for dealing with environmental pollution; provide guidance on and inspect environmental assessment as prescribed by law;
b) Execute and organize the execution of pilot programs and models for sustainable and environmentally-friendly production and consumption;
c) Organize research into, application and transfer of advanced environmental technologies, and environmental technology development; build and organize execution of projects and works for applying environmental protection technologies within VEA’s power as prescribed by law.
15. Regarding international cooperation
a) Recommend participation in negotiation, signature and implementation of international treaties; join international environment and biodiversity organizations as assigned by the Minister of Natural Resources and Environment; play the leading role in implementing the Convention on Biological Diversity, the Ramsar Convention, the Catagena Protocol, the Nagoya Protocol, the Stockholm Convention, the Basel Convention, the Rotterdam Convention on the Prior Informed Consent (PIC), the Global Tiger Initiative (GTI), Agreement on the Establishment of the ASEAN Center for Biodiversity (ACB) and other international treaties on environment and biodiversity as assigned by the Minister of Natural Resources and Environment; participate in inter-governmental activities on Strategic Approach to International Chemicals Management (SAICM);
b) Preside over preparing applications for recognition of wet lands of international importance according to the Ramsar Convention and world biosphere reserves; ASEAN Heritage Gardens; applications for receipt of ASEAN Environmentally Sustainable City Award;
c) Organize the execution of programs and projects on international cooperation in environment as assigned by the Minister of Natural Resources and Environment;
d) Act as an agency in charge of cooperating with international organizations or international conventions on environmental health; joint global environmental health network.
16. Carry out specialized environmental inspection as prescribed by law; take actions against violations of law, settle environmental disputes, complaints and denunciations as assigned by the Minister of Natural Resources and Environment.
17. Advise the Minister of Natural Resources and Environment on instructing ministries and local authorities in expertise and key tasks in environmental protection and biodiversity conservation funded by the budget for environmental protection; consolidate and propose plans to allocate annual budget for environmental protection of ministries and local authorities; provide guidelines for carrying out activities funded by the budget for environmental protection; cooperate in carrying out periodic and unscheduled inspect and assessment of management and use of budget for environmental protection.
18. Carry out administrative reform according to the administrative reform program and plan of the Ministry of Natural Resources and Environment; practice thrift; prevent and control corruption and wastefulness under VEA’s management.
19. Manage organizational machinery, public officials, public employees and employees as prescribed by law and as assigned by the Minister of Natural Resources and Environment; provide benefits and rewards, take disciplinary actions, provide professional training to public officials, public employees and employees under VEA’s management as prescribed by law and as assigned by the Ministry of Agriculture and Rural Development.
20. Manage finance, assets and other resources allocated as assigned by the Ministry of Natural Resources and Environment and as prescribed by law.
21. Perform other tasks and exercise other powers assigned by the Minister of Agriculture and Rural Development.
Article 3. Organizational structure
1. Department of Environment Impact Assessment and Appraisal.
2. Waste Management Department.
3. Department of Environmental Quality Management.
4. Department of Policy, Legal Affairs and Inspection.
5. Department of Science, Technology and International Cooperation.
6. Planning and Finance Department.
7. Department of Personnel and Organization.
8. VEA’s Office.
9. Nature and Biodiversity Conservation Agency.
10. Northern Environmental Protection Agency.
11. Middle and Highland Environmental Protection Agency.
12. Southern Environmental Protection Agency.
13. Center for Environmental Consultancy and Technology.
14. Center for Environmental Information and Data.
15. Northern Center for Environmental Monitoring.
16. Middle and Highland Center for Environmental Monitoring.
17. Southern Center for Environmental Monitoring.
18. Environmental Science Institute.
In this Article, the organizations specified in Clause 1 through 12 are administrative organizations assisting the Director General in exercising the functions of state management; the organizations specified in Clause 13 through 18 are public service providers affiliated to VEA.
The VEA’s Office has 05 divisions; the Nature and Biodiversity Conservation Agency has an Office and 04 divisions; each of the Northern Environmental Protection Agency, Middle and Highland Environmental Protection Agency and Southern Environmental Protection Agency has an Office and 03 divisions.
Northern Center for Environmental Monitoring, Middle and Highland Center for Environmental Monitoring and Southern Center for Environmental Monitoring shall self-guarantee recurrent expenditures and balance payroll as assigned by the competent authority.
Article 4. Heads of VEA
1. VEA has a Director General and no more than 04 Deputy Directors General that are appointed and dismissed by the Minister of Agriculture and Rural Development in accordance with regulations of law.
2. The VEA’s Director General is responsible to the Minister of Natural Resources and Environment and the law for operation of the VEA. VEA’s Deputy Directors General are responsible to the Director General and the law for performance of their assigned tasks.
3. VEA’s Director General shall request the Minister Agriculture and Rural Development to define functions, tasks, powers and organizational structures of organizations affiliated to VEA; appoint and dismiss the heads and management affiliated to VEA as prescribed by law and as assigned by the Minister of Agriculture and Rural Development.
Article 5. Effect and responsibility for implementation
1. This Decision comes into force from May 10, 2018 and supersedes the Prime Minister’s Decision No. 25/2014/QD-TTg dated March 25, 2014.
2. The Minister of Natural Resources and Environment, other Ministers, heads of ministerial agencies, heads of Governmental agencies, Presidents of People’s Committees of provinces and central-affiliated cities and Director General of the Vietnam Environment Administration are responsible for the implementation of this Decision./.
| THE PRIME MINISTER |