THE GOVERNMENT
OF VIETNAM |
THE SOCIALIST
REPUBLIC OF VIET NAM |
No. 35/2025/ND-CP |
Hanoi, February 25, 2025 |
Pursuant to the Law on Government Organization dated February 18, 2025;
At the request of the Minister of Agriculture and Environment of Vietnam;
The Government of Vietnam promulgates a Decree prescribing the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Environment of Vietnam.
Article 1. Position and functions
The Ministry of Agriculture and Environment of Vietnam is a governmental agency in charge of performing the state management of the following fields: agriculture; forestry; salt production; aquaculture; irrigation; disaster preparedness and control; land; water resources; minerals and geology; environment; hydrometeorology; climate change; survey and cartography; integrated management of resources and environmental protection of sea and islands; remote sensing; state management of public services rendered in the fields under its management.
The Ministry of Agriculture and Environment of Vietnam shall fulfill and exercise the tasks and powers prescribed in the Law on Government Organization, the Government’s regulations on functions, tasks, powers and organizational structures of ministries and ministerial agencies, and the following specific tasks and powers:
1. Submit the following documents to the Government, including bills and draft resolutions of the National Assembly; draft ordinances and draft resolutions of the Standing Committee of the National Assembly; the Government’s draft decrees and resolutions formulated under the Ministry's approved annual law-making programs and plans, and other mechanisms, policies, projects, schemes and legislative documents under the Ministry’s state management as assigned by the Government or the Prime Minister.
2. Submit to the Government and Prime Minister for approval, and organize the implementation of strategies, plannings, plans and programs, projects and works of national importance in the fields and sectors under its management.
3. Submit to the Prime Minister draft decisions, directives and other documents to be promulgated by the Prime Minister.
4. Consider giving approval for development strategies, plannings and programs in the fields and sectors under its state management; investment projects as decentralized and authorized by the Government or the Prime Minister.
5. Promulgate circulars, decisions and other documents on state management of the fields and sectors under its management; direct, provide guidance on, organize, inspect and assess the implementation of strategies, policies, plannings, plans, programs, schemes, projects, tasks, legislative documents under its management after their approval and promulgation; develop national standards; formulate and promulgate national indicators, national technical regulations, technical regulations, statistical indicators and economic-technical norms in the fields and sectors under its state management; organize dissemination of information on and education of laws in, and other education activities with the aim of raising public awareness about the fields and sectors under its management.
6. Regarding crop production and plant protection
a) Direct, provide guidance on and inspect crop production activities; development of areas for cultivation and production of safe agricultural products and foods; cultivation of crops associated with emission reduction, circular crop production adapting to climate change; plant protection and quarantine; formulate roadmap and provide guidelines for issuance of production unit codes and packaging facility codes nationwide in accordance with regulations of law;
b) Direct and provide guidance on the use of state budget-derived funding for programs on prevention, control and mitigation of consequences of plant disease epidemics;
c) Direct the implementation of regulations on crop structure; farming, cultivation and harvesting techniques; carry out final review and assessment of implementation of annual crop production plans; promulgate plans for nationwide crop structure transformation of paddy land areas;
d) Direct and provide guidance on organic farming; agricultural plant varieties, fertilizers and plant protection chemicals in accordance with regulations of law.
7. Regarding livestock production and animal health
a) Formulate and submit the list of livestock breeds requiring conservation and the list of livestock breeds banned from export to the Government for promulgation; carry out collection, conservation, exploitation and development of animal genetic resources; establish criteria for and recognize disease-free livestock breeding zones; direct, provide guidance on and organize the implementation of regulations on prevention, treatment and control of animal diseases; quarantine of animals and products thereof; monitoring of slaughtering, preparation and processing of animals and products thereof; animal health inspection; management of veterinary drugs; veterinary practicing;
b) Direct and provide guidance on the use of state budget-derived funding for national programs and plans for prevention, control and mitigation of consequences of animal disease epidemics;
c) Direct the implementation of regulations on livestock structure; breeding techniques; carry out final review and assessment of implementation of annual livestock production plans;
d) Direct and inspect scientific research activities and application of microorganisms and use of chemicals in animal health sector; do research on and carry out production of vaccines and biological preparations in animal health sector;
dd) Direct, provide guidance on, inspect and monitor the performance of state management of livestock breeds and products thereof, animal feeds, eligibility requirements to be satisfied by breeding farms, animal waste management; livestock breeding, breeding of other animals, and humane treatment of domestic animals.
8. Regarding forestry
a) Direct, provide guidance on and inspect the implementation of the Government’s and Prime Minister’s mechanisms and policies for forestry development; regulations on management of reserve forests, protective forests and production forests; regimes for management and protection of endangered, precious and rare species of forest fauna and flora, lists of endangered, precious and rare species of forest fauna and flora, and implementation of the Convention on international trade in endangered species of wild fauna and flora (CITES) in accordance with regulations of law;
b) Manage systems of reserve forests, protective forests and production forests; protect forest ecosystems and forest organisms;
c) Request the Prime Minister to consider giving approval of national forestry plannings; establishment of protective forests and reserve forests that are of national importance or located in multiple provinces; direct and instruct governments of provinces and central-affiliated cities to establish reserve forests and protective forests;
d) Direct, provide guidance on and inspect conversion of forest types, repurposing of reserve forests, protective forests and production forests in accordance with regulations of law;
dd) Direct and provide guidance on forest rangers-related tasks in accordance with regulations of law;
e) Organize performance of forest fire safety tasks; organize specialized forest fire safety forces;
g) Direct, provide guidance on and inspect the implementation of regulations on combination of forestry, agricultural production and aquaculture with growing, planting, development and harvesting of non-timer forest products and herbal plants in forests of various types in accordance with regulations of law; play the leading role and cooperate with relevant ministries and ministerial agencies in organizing investigation, assessment, collection and preservation of endemic or high value species of microorganism and fungi in danger of extinction in forests of various types in order to include them in lists of endangered, precious and rare species requiring special protection;
h) Direct, provide guidance on and inspect organizations of forest ecotourism and recreational areas in reserve forests, protective forests and production forests in accordance with regulations of law;
i) Direct, provide guidance on and inspect the implementation of policies on payment for forest environmental services, forest carbon capture and storage services in accordance with regulations of law; organize management of Vietnam Forest Protection and Development Fund; provide guidance on organization, management and operation of provincial forest protection and development funds;
k) Direct the performance of state management tasks of management, protection, development and use of forests; extraction of forest products; forestry production associated with forest product processing and trade; provide guidance on and inspect the issuance of sustainable forest management certificates, forest valuation in accordance with regulations of law;
l) Direct, provide guidance on development of forestry plant varieties; development of national botanical gardens, seed stands and seed orchards, prevention and control of forest pests; research, selection, experiment, testing, quality control, production, trading, import and export of forestry plant varieties;
m) Provide guidance on and inspect forest allocation, lease, appropriation, investigation and stocktaking, and monitoring of forest developments; development and management of forest database;
n) Provide guidance on and implement national action plans, programs, schemes and projects on reduction of greenhouse gas (GHG) emissions from deforestation and forest degradation, sustainable forest management and enhancement of forest carbon stocks (under UN-REDD+).
9. Regarding salt production
a) Direct, provide guidance on and inspect the compliance with technical processes for production, harvesting, preliminary preparation, processing and storage of salt products; carry out final review and assessment of implementation of annual salt production plans;
c) Inspect the implementation of national technical regulations and procedures for production, processing and storage of salt and salt products (except those used in medical sector).
10. Regarding fisheries
a) Formulate and submit the following documents to the Prime Minister for approval, including planning for protection and extraction of aquatic resources; planning for national system of fishing ports and sheltering anchorages for commercial fishing vessels; provide advice ob submission of regulations on management of marine protected areas to the Government for promulgation;
b) Direct, provide guidance on and inspect the implementation of regulations on management of endangered, precious and rare aquatic species, protected zones of aquatic resources, and management of aquatic resources in wetland reserves in accordance with regulations of law;
c) Provide guidance on and inspect the implementation of regulations of law on fishing ports and sheltering anchorages for commercial fishing vessels; regulations on management of safety of fishing vessels, information on disaster preparedness for fishers and fishing vessels at sea; determine and allocate quotas under fishing licenses and the catch quantity sorted by fish species in sea areas to governments of central-affiliated cities and provinces as prescribed;
d) Direct, provide guidance on and inspect aquaculture activities; aquaculture processes, techniques and seasons; conservation of original breeds and native aquatic species of high economic values;
dd) Provide guidance on and inspect the implementation of regulations on lists of endangered, precious and rare aquatic species; aquatic species requiring protection and regeneration;
e) Direct, provide guidance on and inspect performance of state management tasks of aquatic breeds and aquaculture feeds;
g) Direct and provide guidance on fisheries surveillance tasks in accordance with regulations of law.
11. Regarding irrigation
a) Direct, provide guidance on and inspect basic irrigation investigations, water consumption and drainage (except drainage and treatment of wastewater discharged from urban areas, concentrated rural residential areas, concentrated production, business and service provision areas, industrial clusters and industrial parks); investment in, construction and repair, improvement of hydraulic structures and rural clean water supply works; operation of irrigation water storage reservoirs and hydraulic structures in accordance with regulations of law;
b) Direct, provide guidance on and inspect the formulation, submission for approval and implementation of irrigation plannings serving agriculture, multiple purposes in associated with socio-economic industries in accordance with regulations of law;
c) Direct, provide guidance on and inspect technical processes and policies on irrigation; management of irrigation activities and operation of hydraulic structures; management of irrigation infrastructure assets; provide guidance on and inspect the implementation of regulations on discharge of wastewater into hydraulic structures;
d) Provide guidance on and inspect inclusion of measures for development of hydraulic structures in provincial plannings in accordance with regulations of law;
dd) Direct, provide guidance on and inspect the implementation of regulations on prevention, control and mitigation of consequences of droughts, saltwater intrusion, inundation and desertification; organize monitoring, forecasting and warning of droughts, saltwater intrusion and inundation, volume and quality of water generated from hydraulic structures in accordance with regulations of law;
e) Direct, provide guidance on and inspect the implementation of measures for protection of hydraulic structures and their safety perimeters;
g) Direct, provide guidance on and inspect the formulation of plans for construction, management of operation, use and protection of rural water supply and drainage systems;
h) Organize the formulation, review and submission of the following documents to the Prime Minister for approval, including plannings for disaster preparedness and control, and irrigation; irrigation plannings as prescribed by law; provide guidance on and inspect the implementation of plannings after they have been approved by competent authorities;
i) Direct, provide guidance on and inspect basic investigations, strategies, plannings on irrigation; organize inventory of water resources retained in hydraulic structures in combination with forecasting of droughts, water scarcity, saltwater intrusion, desertification, floods, inundation and waterlogging; investment in and construction of hydraulic structures for retention, storage, distribution, supply and drainage of water for agriculture, domestic and other industrial purposes; prevention, control and mitigation of adverse effects of disasters relating to water, prevention and control of pollution of water of hydraulic structures under its management in accordance with regulations of law;
k) Provide direction and guidance on safety of dams and reservoirs in accordance with regulations of law.
12. Regarding dike management and disaster preparedness and control
a) Direct, provide guidance on and inspect the implementation of regulations of law regarding mechanisms, human resources, supplies, vehicles, equipment, information systems, utilities for disaster preparedness and control;
b) Provide guidance on and inspect the formulation and implementation of plans for disaster preparedness and control, disaster response plans; inspect disaster preparedness and control measures included in provincial, ministerial and sectoral socio-economic development plans and projects;
c) Direct, provide guidance on, inspect and expedite disaster mitigation and recovery and post-disaster reconstruction in accordance with regulations of law and international conventions to which Vietnam is a signatory; consolidation, assessment, statistical reporting and disclosure of data on disaster losses and damages; provide guidance on and inspect the implementation of regulations on monitoring and supervision of activities relating to disaster preparedness and control structures and measures; monitor, analyze and evaluate disaster losses and damages which may adversely affect Vietnam in accordance with regulations of law;
d) Provide direction and guidance on the establishment and improvement of operational efficiency of commune-level disaster preparedness and control vanguards and people’s dike management forces;
dd) Provide direction and guidance on floor prevention and control plannings for diked river sections; dike plannings; plans for investment in, construction, reinforcement, upgrading, consolidation, protection and operation of dikes and dike protections in accordance with regulations of law;
e) Manage the investment in, construction, reinforcement and protection of disaster preparedness and control structures, including dikes, dams, reservoirs, and structures for control of inundation, droughts and landslides; storm shelters for ships and other structures serving disaster preparedness and control in accordance with regulations of law;
h) Organize management of disaster management funds.
13. Regarding rural development
a) Direct the formulation of and organize the implementation of rural development policies in the fields under its management; organize the implementation of national target programs on development of new-style rural areas; action programs for poverty eradication in Vietnam as assigned by the Government;
b) Consolidate and submit the following documents to the Prime Minister for approval, including master plans and programs for development of rural areas; strategies for development of agriculture professions and rural trade villages with the participation of family households and agricultural cooperatives and cooperative unions; promulgate policies for encouraging development of agriculture professions, conservation and development of trade villages;
c) Organize and inspect the implementation of programs, mechanisms and policies for development of agricultural electromechanic engineering; agriculture professions and rural trade villages with the participation of family households and agricultural cooperatives and cooperative unions after they have been approved by competent authorities; direct the formulation of and organize the implementation of programs, schemes, and projects on support for production and development of rural trade villages and agriculture professions in accordance with regulations of law;
d) Provide guidance on and inspect the population distribution and residential relocation for hydraulic structures and hydroelectronic structures; population distribution and stabilization in disaster areas, disadvantaged areas, border areas, islands, areas affected by sea-level rise which is a result of climate change, areas with free migrants, important and very important areas of protective forests and reserve forests; direct, provide guidance on and inspect the implementation of regulations on sedentary farming and population distribution in rural areas, and ethnic minority and mountainous areas;
dd) Direct, provide guidance on and inspect the provision of agricultural vocational training for rural labor forces; procedures for disaster and epidemic certification for benefiting agricultural insurance policies in accordance with regulations of law;
e) Direct, provide guidance on and inspect programs and projects on construction of rural infrastructure facilities in accordance with regulations of specialized laws.
14. Regarding food safety of agricultural, forest, aquatic and salt products
a) Direct, provide guidance on, inspect and supervise the implementation of regulations of law on food safety during initial production of agricultural, forest, aquatic and salt products under its state management;
b) Direct, provide guidance on, inspect and supervise the implementation of regulations of law on food safety during production, collection, slaughtering, preliminary processing, processing, preservation, transport, import, export and trading of products, product groups, foods, goods and food production and trading establishments as assigned by the Government;
c) Organize monitoring and assessment of risks, warning, prevention, control and response to food safety incidents in respect of food products under its management; inspect and supervise the traceability of origin, recall and disposal of substandard food products under its management;
d) Appoint food testing laboratories serving the performance of state management tasks and reference testing laboratories; draw final conclusions in case of discrepancies in testing results given by various laboratories in assigned fields;
dd) Take charge of managing food safety of agricultural product wholesale markets and auction markets;
e) Appoint regulatory authorities in charge of performing food safety inspection of imported products in the fields under its management;
g) Announce the lists of eligible exporting countries/territories and exporters in the fields under its management.
15. Regarding quality control of plant varieties, livestock, poultry, domestic animals, devices, equipment, supplies, products and services rendered in agricultural, forest, salt production and fisheries fields
a) Organize and inspect the implementation of mechanisms, policies, strategies, plans and programs for development and improvement of quality of goods and products under its management;
b) Promulgate the list of potentially unsafe products and goods (i.e. group-2 products and goods) under its management;
c) Designate and manage operation of conformity assessment bodies for products and goods under its management.
16. Regarding preservation, processing and transport of agricultural, forest and aquatic products
a) Submit the following documents to competent authorities for promulgation, including mechanisms, policies, strategies, programs, schemes and projects on processing, preservation and transport of agricultural, forest and aquatic products;
b) Direct, provide guidance on and inspect the implementation of strategies, schemes, programs, mechanisms and policies for development of processing fields associated with production and market; provide assistance in reduction of post-harvest losses in the industries or sectors under its management;
c) Provide guidance on, inspect and supervise the satisfaction of eligibility requirements by establishments performing preliminary processing, processing, preservation and transport of agricultural, forest and aquatic products under its management;
d) Provide guidance on and give assistance in improvement of capacity for processing of agricultural, forest and aquatic products.
17. Regarding trading of agricultural, forest, aquatic and salt products
a) Conduct negotiations to expand markets for agricultural products; remove technical barriers to import and export of agricultural products; develop cooperation and linkages in production and sale of agricultural products as assigned by the Government or the Prime Minister;
b) Cooperate with the Ministry of Industry and Trade of Vietnam in formulating and submitting programs and schemes for trade promotion of agricultural, forest and aquatic products, and development of brands of agricultural products to competent authorities for promulgation, and organize the implementation thereof; carry out market analysis and forecasting, trade promotion and other activities relating to programs on brands of agricultural, forest, aquatic and salt products under its management;
c) Promulgate the list of goods banned from import, list of goods banned from export; list of imported and exported goods subject to its specialized management in accordance with regulations of law.
18. Regarding agricultural extension
a) Provide guidance on and inspect the implementation of regulations on agricultural extension;
b) Formulate and organize the implementation of central-level agricultural extension plans;
c) Request competent authorities to promulgate, or promulgate within its competence, policies on private sector involvement in agricultural extension and policies for cooperation with domestic and foreign organizations and individuals in attracting capital and resources for agricultural extension activities.
19. Regarding cooperatives and other collective and private economic entities
a) Submit mechanisms and policies for supporting and encouraging development of household economy, farm economy, artels, cooperatives, cooperative unions and production linkages in the fields and sectors under its management to the Government for promulgation;
b) Provide guidance on and inspect the implementation of regulations on conditional business lines and services included in the list announced by the Government and take actions against violations under its jurisdiction;
c) Provide direction and guidance on artels, cooperatives, cooperative unions and farms in fields and sectors under its state management.
20. Regarding land
a) Provide guidance on and inspect the measurement, correction and making of cadastral maps, current land use maps, land use planning maps and other specialized land management and use maps;
b) Provide guidance on and inspect the performance of land statistics and inventory tasks; organize periodical land statistics and inventory; thematic or ad-hoc land statistics and inventory in accordance with regulations of law;
c) Provide guidance on and inspect the performance of land survey, assessment and protection, improvement and restoration tasks; organize periodical and thematic land survey and assessment in regions and the whole country, and announce results thereof; organize monitoring of land resources nationwide; organize land protection, improvement and restoration in inter-regional or inter-provincial areas suffering from serious land degradation and in areas suffering from extremely serious land pollution;
d) Provide guidance on and inspect formulation, modification and management of land use plannings and plans; organize formulation, modification and announcement of national land use plannings and plans; request the Prime Minister to allocate national land use quotas after they are decided by the National Assembly; carry out appraisal of plannings for use of land for national defense and security purposes, and provincial land use plannings;
dd) Provide guidance on and inspect the land allocation, lease and appropriation, recognition of land use rights, land requisition and repurposing, auction of land use rights, bidding for selection of investors qualified to execute projects involving land use;
e) Provide guidance on and inspect surveys, compilation of land price lists, determination of specific land prices, and implementation of regulations of law on land prices;
g) Provide guidance on and inspect the performance of compensation, support and residential resettlement tasks upon the State’s land appropriation or land requisition; development, management and exploitation of land funds;
h) Provide guidance on and inspect the land registration, preparation and management of cadastral records; issuance, modification, revocation and invalidation of certificates of land use rights and ownership of property on land; issuance and management of blank certificates of land use rights and ownership of property on land;
i) Provide guidance on and inspect the building, management, operation and exploitation of the National Land Information System. Organize building, management, operation and exploitation of the National Land Information System at central level; creation and updating of land data under the jurisdiction of central authorities; connection and information sharing between the national land database and the national public service portal, and information systems and databases of Ministries, central and local authorities, and provision of land-related information for organizations and individuals in accordance with regulations of law;
k) Provide guidance on the State's performance of powers and responsibilities; rights and obligations of land users; policies for use of land of different types in accordance with regulations of law; building, management, operation and exploitation of systems for monitoring and assessment of land management and use; organize monitoring and assessment of land management and use of provinces and central-affiliated cities, and use of land for projects of national importance as prescribed.
21. Regarding water resources
a) Provide direction and guidance on management, protection, regulation, distribution, restoration, development, exploitation and use of water resources; management of river basins and water sources in accordance with regulations of law;
b) Play the leading role and cooperate with relevant Ministries, ministerial agencies, and provincial People's Committees in implementing measures to ensure water security;
c) Formulate and adjust water resource plannings, and submit them to the Prime Minister for approval, and organize the implementation thereof after approval; approve local adjustments to the comprehensive planning for inter-provincial river basins within its competence;
d) Play the leading role in constructing and announcing water source scenarios on inter-provincial river basins; formulating, organizing the implementation of and submitting reports to the Prime Minister for considering and deciding plans for regulation and distribution of water resources in case of droughts or water scarcity as prescribed;
dd) Play the leading role in formulating and adjusting procedures for operation of inter-reservoirs on river basins, and submitting them to the Prime Minister for approval;
e) Build and operate national water resource information system and database, and decision support tool systems in service of regulation and distribution of water resources on river basins;
g) Formulate and submit plans, programs and schemes for restoration of deteriorated, depleted or polluted water resources to the Prime Minister for approval;
h) Organize the implementation of solutions for protecting, regulating, distributing, developing, storing and restoring water resources, preventing, controlling and repairing damage caused by water and other activities in relation to water resources in order to ensure water security;
i) Submit to the Government or Prime Minister measures for dealing with issues concerning transboundary water sources;
k) Provide guidance on and inspect declaration, registration and licensing of exploration, exploitation and use of water resources, and approve fees for water resource exploitation rights as prescribed.
22. Regarding geology and minerals
a) Organize formulation and submission of strategies on geology, minerals and mining industry; geology and minerals-related plannings to the Prime Minister for approval as prescribed in the law on geology and minerals and as assigned by the Government;
b) Organize geological baseline surveys, geological surveys of minerals, and announce results thereof within its competence;
c) Organize delineation and announcement of geoheritage sites, geoparks, and scattered and small mineral areas;
d) Request the Prime Minister to consider giving approval for national mineral reserves, areas not subject to mining rights auction falling under its licensing jurisdiction, and list of critical and strategic minerals;
dd) Appraise schemes, projects and tasks on geological baseline surveys, geological surveys of minerals, mineral exploration in accordance with regulations of law; appraise reports on mineral exploration and advanced mineral exploration, reports on geological baseline surveys and geological surveys of minerals within its competence; manage reserves and certify reserves intended for mining projects in accordance with law;
e) Conduct mining right auctions falling under its licensing jurisdiction; determine fees for grant of mining rights, reimbursement for the use of geological data and information, quantification and accounting of the value of geological resources and minerals falling under its licensing jurisdiction in accordance with regulations of law;
g) Organize registration of geological baseline surveys and geological surveys of minerals; statistics on and inventory of geological resources and mineral reserves;
h) Approve mine closure schemes and issue decisions to close mines within its competence as prescribed by law;
i) Organize the inspection of compliance with mineral exploration licenses, mining licenses, and mineral exploration schemes in respect of mineral types falling under its licensing jurisdiction; control of geological baseline surveys and geological surveys of minerals nationwide.
23. Regarding environment
a) Provide guidance on appraisal of environmental impact assessment reports and approval of results thereof; comment on strategic environmental assessment contents in accordance with regulations of law; organize appraisal of environmental impact assessment reports;
b) Direct, provide guidance on, inspect and organize the control of pollution sources; management of waste and environmental quality; environmental improvement and remediation; prevention and response to environmental emergencies; rural environmental protection contents and criteria as prescribed by law;
c) Organize the establishment and management of the national environmental monitoring network; approve and organize the implementation of the national environmental monitoring programs; provision of information and warning about environmental pollution in accordance with regulations of law;
d) Organize statistics, establishment, maintenance and operation of environmental information systems and databases; provide guidance on and organize the preparation and publishing of national state of the environment reports and thematic reports on environment; provide guidance on and organize the preparation of environmental protection reports in accordance with regulations of law;
dd) Organize inclusion of environmental protection contents in regional plannings; provide guidance on the inclusion of environmental protection contents in provincial plannings and plannings for special economic - administrative divisions; organize the formulation, submission for approval, announcement and implementation of national environmental protection plannings, and assessment of results thereof in accordance with regulations of law;
e) Instruct ministries, central and local authorities in professional and key environmental protection tasks; consolidate and propose allocation of estimated state budget-derived funding for environmental protection activities of Ministries, ministerial agencies, and provincial People's Committees; provide guidance on production of statistics on, monitoring and publishing of expenditures on environmental protection;
g) Propose policies on environmental protection fees and taxes, issuance of green bonds and other economic instruments to mobilize and use resources for environmental protection in accordance with regulations of law; provide guidance on determination and claim for compensation for environmental damage;
h) Organize performance of environmental protection tasks in the fields under its management in accordance with regulations of law;
i) Organize management of Vietnam Environment Protection Fund;
24. Regarding nature and biodiversity conservation
a) Organize the formulation, submission for approval, announcement, organization and assessment of implementation of national biodiversity conservation plannings in accordance with regulations of law;
b) Provide direction and guidance on the establishment and management of natural heritage sites, wildlife sanctuaries, marine sanctuaries, biodiversity corridors, high biodiversity areas, important wetlands, important ecological landscapes and biodiversity conservation facilities;
c) Play the leading role in organizing formulation of projects, obtaining approval for formulation, and organizing post-approval management of natural heritage sites, wildlife sanctuaries, biodiversity corridors, high biodiversity areas, important wetlands, important ecological landscapes, and marine sanctuaries located in two or more central-affiliated cities and provinces in accordance with regulations of law;
d) Submit to competent authorities for promulgation or promulgate within its competence the list of endangered, precious and rare species whose protection is prioritized and regulations on management and conservation of species on such list; provide guidance on biosafety management of genetically modified organisms and their products; make a list of and provide guidance on prevention of invasive alien species; provide guidance on access to genetic resources and sharing of benefits earned from genetic resources, collection and storage of genetic resources, preservation of gene pools in accordance with regulations of law;
dd) Direct and provide guidance on classification, management and protection of natural landscapes, natural ecosystems; surveys, assessment, formulation, appraisal and promulgation of lists of, and regulations on conservation and sustainable use of, and payment for ecosystem services rendered in important wetlands; direct and provide guidance on access to, determination or certification, management and protection of important natural landscapes in accordance with regulations of law;
e) Provide guidance on and organize baseline surveys, monitoring, inventory, statistics and establishment of databases and reports on natural landscapes and biodiversity in accordance with regulations of law;
g) Provide guidance on and inspect registration, recognition, issuance and revocation of licenses and certificates of nature and biodiversity conservation in accordance with regulations of law.
25. Regarding hydrometeorology
a) Manage and organize hydrometeorological monitoring and survey activities; manage and provide guidance on hydrometeorological monitoring for works and other specialized hydrometeorological activities in accordance with regulations of law; build, manage and exploit the network of national hydrometeorological monitoring stations, lightning monitoring and detection stations and climate change monitoring stations;
b) Organize the protection of hydrometeorological works belonging to the network of national hydrometeorological stations;
c) Manage and carry out hydrometeorological forecasting and warning; broadcast hydrometeorological forecasts and warnings; issue disaster forecasts and warnings, and broadcast disaster news and level of disaster risks; build, manage and exploit the national hydrometeorological forecasting and warning system; develop a set of national climate standards; promulgate, provide and broadcast official information on disaster forecasts and warnings and disaster risk levels as prescribed;
d) Organize the collection and processing of information, identification and assessment of disaster risks, disaster risk zoning, disaster monitoring and surveillance;
dd) Receive ministries, central and local authorities, organizations and individuals’ feedback on the news broadcasting, quality and reliability of hydrometeorology and disaster forecasts and warnings, the use of disaster risk levels in disaster preparedness and control, and socio-economic development; carry out annual monitoring, assessment and review of state management of hydrometeorology nationwide as prescribed;
e) Organize the appraisal of tsunami warning scenarios for Vietnam under regulations of law;
g) Appraise hydrometeorology-related contents included in plannings and designs of national key construction works and projects and in plannings and designs of construction works and projects in accordance with regulations of law;
h) Manage quality of hydrometeorological instruments in accordance with regulations of law;
i) Manage, provide guidance on and organize the provision of hydrometeorological services in accordance with regulations of law;
k) Approve and supervise the implementation of weather modification plans in accordance with regulations of law.
26. Regarding climate change
a) Provide direction and guidance on mitigation of GHG emissions, ozone layer protection, and climate change adaptation;
b) Institutionalize international mechanisms, policies, conventions and initiatives concerning climate change impacts on socio-economic development, and national defense and security, ensuring conformity with national conditions and protecting national interests;
c) Organize national climate change monitoring and climate assessment; develop, update and publicize climate change scenarios and organize the implementation thereof; provide guidelines for, supervise and assess climate change impacts, vulnerability, risks, losses and damage; provide guidelines for incorporating climate change contents into strategies, planning and plans;
d) Provide guidance on and carry out monitoring of GHG emission and GHG inventory; GHG emission mitigation and measurement, reporting and verification (MRV) of GHG emission mitigation;
dd) Provide guidance on management, elimination, collection, recycling, reusing and treatment of ozone-depleting substances, substances that cause greenhouse effects in accordance with international conventions for protection of the ozone layer to which the Socialist Republic of Vietnam is a signatory;
e) Provide guidance on climate change adaptation, and development of the monitoring and evaluation (M&E) system for climate change adaptation;
g) Provide guidance on the implementation of carbon credit exchange and offsetting mechanisms; organize the operation of domestic carbon market and participation in international carbon market; manage and organize the allocation of GHG emission quotas; manage carbon credits and give written approval for carbon credit transfer projects in conformity with the Paris Agreement on climate change;
h) Formulate, update, implement and monitor nationally determined contributions (NDCs); prepare national climate change and ozone layer protection reports under regulations of law and treaties to which the Socialist Republic of Vietnam is signatory.
27. Regarding survey, mapping and geographic information
a) Build, update, manage, operate and use the national geological spatial data infrastructure as prescribed by law, the national baseline data system, the national survey network data system, the baseline survey infrastructure and the Vietnam Geospatial Portal; build, operate and update the national fundamental geographic database, and establish and update the system of national topographic maps; promulgate a list of place names to be displayed on maps; provide topographic and cartographic products;
b) Provide guidance on, inspect and organize the inspection, calibration and testing of measuring instruments used for survey and mapping in accordance with regulations of law on metrology and quality of products and goods;
c) Appraise the necessity, scope and technical solutions of survey and mapping-related contents included in state budget-funded programs, projects and tasks of which the implementation is organized by Ministries, ministerial agencies or Governmental agencies; appraise baseline survey and mapping projects and tasks of which the implementation is organized by provincial People’s Committees;
d) Inspect the implementation of the survey and mapping activities by licensed organizations and individuals; inspect the publication and release of maps; suspend the issuance and direct the recall of cartographic publications in contravention of regulations of law;
dd) Design, update, publish and release mapping products in accordance with regulations of law;
e) Organize survey, correction and supplementation of maps of administrative boundaries to serve the establishment, dissolution, merging, full division and adjustment of administrative boundaries at provincial level, settlement of disputes related to administrative boundaries at provincial level in accordance regulations of law;
g) Organize survey and establishment of topographical maps for planning, demarcation and marking of national boundaries and in service of national border management; survey, establish and update the set of standard maps of national boundaries; provide guidelines for marking national boundary lines and territorial sovereignty on topographic and cartographic products and map publications.
28. Regarding integrated management of resources and environmental protection of sea and islands
a) Direct, provide guidance on, inspect and organize the implementation of sea and islands-related plannings; key programs for baseline survey of sea and island resources and environment; programs for integrated coastal resources management;
b) Produce statistics on and organize survey, classification and management of island resources; manage island resource documentation; elaborate on island resource documentation and provide guidelines for preparation and management of island resource documentation;
c) Provide guidance on and direct the establishment and protection of coastal setbacks; determination and adjustment of the mean lower low water line observed over a period of several years; outermost boundaries of sea areas as prescribed in laws;
d) Consolidate and evaluate Vietnam’s sea-related socio-economic potentials; produce statistics on, classify and evaluate potentials of Vietnam’s sea areas and islands; preside over and cooperate with relevant ministries and central authorities in evaluating changes in resources; organize analysis, evaluation and forecasting of domestic and international developments and moves concerning the management, exploitation and use of resources, scientific research and international cooperation in Vietnam’s seas and islands;
dd) Organize integrated monitoring and surveillance of resources and environmental protection of sea and islands; establish and manage the national information system and database of resources and environmental protection of sea and islands; manage retention, updating, exploitation, use and integration, exchange and sharing of data on baseline surveys of resources and environmental protection of sea and islands; formulate and organize the implementation of programs and plans for investment in, exploitation, use and management of specialized facilities in service of warning for maritime environmental emergencies, marine and ocean research and surveys within the scope of its management as prescribed by law;
e) Organize survey and evaluation of waste sources from activities at sea and on islands within its competence; conduct surveys for evaluation and mapping of sea and island environment pollution risk zones, announcement of sea areas and islands that are no longer capable of receiving waste; organize the implementation of measures to prevent, detect, control and remediate sea and island environment pollution and degradation; preparation of national state of the environment reports on sea and island environment, and thematic state of the environment reports on sea and island environment;
g) Preside over and cooperate with relevant ministries, central and local authorities in inspecting and supervising the exploitation and use of natural resources and protection of the environment in sea areas, coastal areas and islands; carry out monitoring and assessment of risks, response to and mitigation of consequences of oil and toxic chemical spills at sea; management of ocean plastic waste in accordance with regulations of law;
h) Manage and provide guidelines for allocation of sea areas for exploitation and use of marine resources; manage land reclamation activities in accordance with regulations of law;
i) Monitor and review the implementation of marine and ocean scientific research programs and projects by ministries, central and local authorities in accordance with regulations of law;
k) Supervise ocean dumping activities and impose penalties for violations in accordance with regulations of law;
l) Perform the tasks of coordinating and organizing the implementation of the Strategy for sustainable development of Vietnam's marine economy by 2030, with a vision by 2045; the Strategy for sustainable exploitation and use of resources and environmental protection of sea and islands by 2030, with a vision by 2050.
29. Regarding remote sensing
a) Manage and provide guidelines for remote sensing data acquisition, operation, maintenance and protection of remote sensing data acquisition infrastructure facilities; build, manage, exploit and operate remote sensing data acquisition infrastructure facilities under its management;
b) Consolidate demands for use of remote sensing information and data of Ministries, ministerial agencies, Governmental agencies and provincial People's Committees, and those arising from assigned occasional tasks to develop remote sensing data acquisition plans;
c) Provide guidance on establishment and operation of remote sensing databases; establish, manage, update and operate the national remote sensing database; consolidate and publicly announce the national remote sensing metadata; provide remote sensing products;
d) Manage, provide guidelines for and organize the application of remote sensing to baseline surveys, monitoring and surveillance in service of agricultural production, management and protection of natural resources and environment, disaster preparedness and control, socio-economic development, and assurance of national defense and security as prescribed;
dd) Organize periodic and ad hoc monitoring and surveillance using remote sensing technology in the fields such as agriculture, rural development, natural resources, environment, disaster preparedness and control, and climate change.
e) Appraise the contents related to remote sensing data acquisition system; the acquisition, storage, processing, provision, exploitation and use of remote sensing data; the development and application of remote sensing technology to ministries, central and local authorities’ programs, schemes and projects;
g) Provide guidance on and inspect remote sensing activities performed by organizations and individuals according to regulations of law.
30. Regarding management of investment and construction investment
a) Direct, provide guidance on and inspect investment and construction investment; and construction activities in accordance with regulations of law;
b) Direct and provide guidance on construction investment and quality control of specialized works in the fields and sectors under its state management in accordance with regulations of law;
c) Appraise prefeasibility study reports and feasibility study reports of programs, projects and schemes in the fields and sectors under its management.
d) Consider giving approval for investment policies; issue investment decisions; consider giving approval for designs, cost estimates, final statements of and manage bidding for programs and projects under its jurisdiction in accordance with regulations of law;
dd) Provide guidance on, monitor, supervise, assess and inspect construction investment projects and programs under its jurisdiction in accordance with regulations of law;
e) Organize supervision and overall assessment of investment; supervision and assessment of construction investment and investment projects in the industries or sectors under its management in accordance with regulations of law.
31. Regarding poverty reduction
a) Assist the Government in consistently performing state management of poverty reduction;
b) Formulate and submit the national poverty criteria applicable to a given period of time to a competent authority for promulgation, and provide guidelines for implementation thereof;
c) Play the leading role in formulating and submitting to competent authorities for promulgation or requesting competent authorities to promulgate and amend policies and legislative documents prescribing poverty reduction in a manner that is appropriate to each period of time and ensures the minimum living standards and provision of social services, including employment, livelihood, education, vocational education and training, healthcare, housing, environment, credit extension, access to information, domestic water and legal aid, etc.
d) Play the leading role and cooperate with relevant Ministries, central and local authorities in formulating, coordinating and organizing the implementation of poverty reduction programs, schemes and projects, and the national target program on sustainable poverty reduction specific to each period of time;
dd) Organize the establishment of poverty reduction database in service of formulation of social security policies and socio-economic development policies;
e) Play the leading role and cooperate with relevant Ministries and authorities in advising and proposing participation in activities of the Global alliance against hunger and poverty, and international cooperation in poverty reduction;
g) Organize inspection, supervision and consolidation and assessment of outcomes of poverty reduction tasks performed by ministries, central and local authorities, and submit reports thereon to competent authorities and make them publicly available as prescribed;
h) Perform other poverty reduction tasks as assigned by the Government and directed by the Prime Minister.
32. Organize registration, delivery, recognition, approval, issuance, replacement, renewal, modification, re-issuance, approval for return, suspension and revocation of licenses, permits, certificates and decisions in the fields under its management as prescribed by laws.
33. Manage national reserves of plant varieties, plant protection chemicals, veterinary drugs and other goods as assigned by the Government.
34. Act as a conduit, national representative, national standing agency or standing agency of national Steering Committees in charge of performing tasks, programs, strategies; international protocols, conventions, treaties, agreements, commitments and forums in the fields under its management as assigned by the Government or Prime Minister.
35. Carry out digital transformation, application of information technology, and establishment of information systems and databases in the fields under its state management; develop e-Government towards digital government, digital economy, digital society in agriculture and environment branch; build, manage, operate and ensure information security of national agriculture and environment digital infrastructure, digital platform, data platforms and digital services; integrate, connect, analyze, process, publish, provide and share information and data on the fields under its management.
36. Direct and organize research into and application of scientific and technological advances; development of scientific and technological potentials, innovation and technology transfer; management of measurement and quality of products and goods in the fields under its management as prescribed by laws.
37. Carry out international cooperation and economic integration in the fields and sectors under its management in accordance with regulations of law; organize negotiation, signing and implementation of international treaties and initiatives as authorized by competent authorities; sign international agreements in its own capacity; join international organizations as assigned by the Government.
38. Organize and direct the implementation of its administrative reform programs according to the objectives and contents of the state administrative reform programs or master plans approved by the Prime Minister.
39. Perform state management of public services, provision of public products and services in fields under its state management as prescribed by laws; encourage private sector involvement in provision of public services in the fields under its state management.
40. Provide guidelines on functions, tasks, powers, job positions of agriculture and environment authorities affiliated to provincial People's Committees and district-level People's Committees; manage organizational apparatus, job positions, payroll for officials, and number of persons working in administrative units; employees or workers; emulation, reward and commendation, and other policies and benefits of its officials, public employees and workers in accordance with regulations of law.
41. Manage non-governmental organizations or associations engaged in the fields under its state management in accordance with regulations of law.
42. Act as a representative of the owner of state capital invested in its affiliated enterprises in accordance with regulations of law.
43. Manage assigned assets and finances, and manage and use allocated state budget-derived funding in accordance with regulations of law.
44. Carry out inspections; organize receipt of citizens and settlement of complaints and petitions of organizations and citizens; settle denunciations of individuals; prevent and combat corruption, misconduct, and violations against regulations of law in the fields under its state management.
45. Organize the production of statistics on, inventory and archiving of materials and data on the fields under its management in accordance with regulations of law.
46. Perform other tasks and powers as assigned by the Government or the Prime Minister or as prescribed by law.
Article 3. Organizational structure
1. International Cooperation Department.
2. Planning and Finance Department.
3. Science and Technology Department.
4. Legislation Department.
5. Organization and Personnel Department.
6. Ministry Administrative Office.
7. Ministry Inspectorate.
8. Digital Transformation Department.
9. Department of Crop Production and Plant Protection.
10. Department of Livestock Production and Animal Health
11. Fisheries and Fisheries Surveillance Department.
12. Department of Forestry and Forest Protection.
13. Department of Management and Construction of Hydraulic Structures.
14. Department of Dike Management and Disaster Prevention and Control.
15. Department of Cooperatives and Rural Development.
16. National Authority for Agro-Forestry-Fishery Quality, Processing and Market Development.
17. Land Management Department.
18. Department of Water Resources Management.
19. Department of Geology and Mineral Resources of Vietnam.
20. Department of Environment.
21. Department of Climate Change.
22. Nature and Biodiversity Conservation Agency.
23. Vietnam Meteorological and Hydrological Administration.
24. Vietnam Agency of Seas and Islands.
25. Department of Survey, Mapping and Geographic Information of Vietnam.
26. National Remote Sensing Department.
27. Institute of Strategy and Policy on Agriculture and Environment.
28. Agriculture and Environment Newspaper.
29. Agriculture and Environment Magazine.
30. National Center for Agricultural Extension.
The units referred to in clauses 1 through 26 of this Article are administrative units in charge of assisting the Minister in performing the state management functions; the units referred to in clauses 27 through 30 of this Article are public service providers serving the Ministry’s performance of its state management functions.
The Minister of Agriculture and Environment of Vietnam shall define the functions, tasks, powers and organizational structure of its affiliated units; submit the decision on list of other public service providers affiliated to the Ministry of Agriculture and Environment to the Prime Minister for promulgation.
Each of the Planning and Finance Department and the Organization and Personnel Department has 03 divisions.
1. This Decree comes into force from March 01, 2025.
2. This Decree supersedes the Government’s Decree No. 68/2022/ND-CP dated September 22, 2022 defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment and the Government’s Decree No. 105/2022/ND-CP dated December 22, 2022 defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development.
Article 5. Responsibility for implementation
Ministers, heads of ministerial agencies, heads of Governmental agencies, and Chairpersons of People’s Committees of provinces or central-affiliated cities are responsible for the implementation of this Decree.
|
ON BEHALF OF
THE GOVERNMENT |
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