Department of Natural Resources and Environment

REGULATIONS

ON THE FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE AND STAFFING OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT OF DONG HOA TOWN

(Issued together with Decision No.      /2022/QD-UBND,

October         , 2022 by the People’s Committee of Dong Hoa town)

Chapter I

POSITIONS, FUNCTIONS, DUTIES AND POWERS

Article 1. Positions and functions

1. The Department of Natural Resources and Environment is a specialized agency under the People’s Committee of the town, responsible for advising and assisting the People's Committee of the town in the state management of natural resources and the environment, including land; water resources; mineral resources; environmental affairs; integrated management of marine and island resources and environmental protection; surveying and mapping; and climate change.

2. The Department of Natural Resources and Environment has its own seal and bank account; it operates under the direction, management, and administration of the People's Committee of the town and also under the professional guidance, inspection, and supervision of the Department of Natural Resources and Environment of Phu Yen Province.

Article 2. Duties and powers

1. Submit to the People's Committee of the town proposals for issuing resolutions, decisions, medium-term and annual development plans in the field of natural resources and environment within the jurisdiction of the People's Council and the People's Committee of the town; propose programs and implementation measures for tasks related to natural resources and environment within the authority of the People's Council and the People's Committee of the town; and draft regulations on the functions, duties, powers, and organizational structure of the Department of Natural Resources and Environment.

2. Submit to the Chairman of the People's Committee of the town drafts of decisions and other documents in the field of natural resources and environment within the Chairman's authority.

3. Organize the implementation of legal documents, planning, programs, and other documents in the field of natural resources and environment once approved by the competent authorities; disseminate information, promote public awareness, provide legal education, and monitor the enforcement of laws on natural resources and the environment as prescribed by law.

4. Regarding the land

a) Advise the People's Committee of the town on developing, adjusting, and implementing land use plans for the town upon approval;

b) Conduct in-depth evaluations of applications for land allocation, leasing, reclamation, changes in land use purposes, and issuance of certificates of land use rights and ownership of houses and other assets attached to land, for cases under the jurisdiction of the People's Committee of the town;

c) Participate in determining land prices and the rates for land use fees and rents at the local level; organize the assessment of compensation, support, and resettlement plans in accordance with legal regulations; advise and assist the Chairman of the People's Committee of the town on decisions regarding land requisitions and extensions; and support the People's Committee of the town in administering land use rights auctions in accordance with regulations.

5. Regarding water resources

a) Implement measures to protect the quality of water resources and local drinking water sources; conduct surveys, inventories, and classifications of wells requiring sealing;

b) Coordinate the organization of response and remediation efforts for water pollution incidents; monitor, detect, and participate in resolving water pollution incidents within jurisdiction;

c) Collaborate in organizing the registration of activities for exploiting and using water resources within the prescribed authority.

6. Regarding mineral resources

a) Carry out tasks related to leasing land for mining activities, utilizing technical infrastructure, and other related issues for organizations and individuals permitted to engage in mining activities in accordance with legal regulations;

b) Implement measures to protect unexploited minerals and other natural resources as per legal requirements;

c) Propose the mobilization of local forces to clear and prevent illegal mining activities; report to the People's Committee of the town on the status of protecting unexploited minerals in the area as mandated by law.

7. Regarding the environment

a) Facilitate the registration, verification, and inspection of environmental protection plans, as well as prevention, response, and remediation measures for environmental incidents within the area; advise the People’s Committee of the town on state management of waste incident response; conduct assessments of waste-related risks, coordinate responses, and oversee environmental restoration efforts following waste incidents in accordance with legal regulations;

b) Administer environmental protection fees for industrial wastewater as required for facilities under local jurisdiction; prepare environmental protection reports and contribute to periodic environmental status assessments; advise on the organization and implementation of statistical reports and data collection on environmental indicators; implement environmental protection for craft villages, industrial clusters, and tourism zones within the area as assigned by the People’s Committee of the town and per legal provisions; manage data collection and storage on local environmental quality, natural conservation, and biodiversity of the town;

c) Initiate nature conservation and biodiversity protection activities in the area under local management, as stipulated by law.

8. Regarding the integrated management of resources and environmental protection of marine and island areas.

a) Review and submit proposals to the People’s Committee of the town for decisions on granting, recognizing, or allowing the return of marine zones for aquaculture purposes; extend, amend, or supplement the Decision on the allocation of marine areas for aquaculture; revoke marine areas allocated for aquaculture; and oversee the management and utilization of marine areas under the authority of the People's Committee of the town;

b) Enforce protective measures for undeveloped marine and island resources as stipulated by law;

c) Safeguard the coastal protection corridor within the local jurisdiction; coordinate with agencies and organizations to protect the monitoring systems for marine and island resources and environmental oversight within the managed area;

d) Participate in response and remediation efforts for oil spills and hazardous chemical incidents at sea; monitor, identify, and assist in addressing incidents causing marine environmental pollution, coastal erosion, and land subsidence along the shoreline.

9. Participate in managing survey markers as delegated by the Provincial People’s Committee and carry out additional surveying and mapping state management duties as assigned or authorized by higher state agencies.

10. Contribute to the formulation and updating of the provincial climate change response action plan; coordinate the implementation of this action plan within the town’s jurisdiction; carry out programs, tasks, and projects related to climate change as assigned by the People’s Committee of the town and the Department of Natural Resources and Environment of Phu Yen Province.

11. Execute state management tasks concerning meteorological and hydrological activities as delegated or authorized by higher-level state management authorities; participate in the protection of meteorological and hydrological facilities within the national network of meteorological stations and other relevant stations in the area; engage in the resolution and handling of violations related to meteorological and hydrological matters within the scope of authority.

12. Assess, register, and issue various licenses related to natural resources and the environment in accordance with legal regulations and as assigned, decentralized, or authorized by the People's Committee of the town.

13. Monitor and inspect organizations and individuals for compliance with legal provisions regarding natural resources and the environment; Receive citizens, address complaints and denunciations; and implement measures to prevent corruption and wastefulness in accordance with legal regulations and as assigned by the People's Committee of the town.

14. Conduct research and apply scientific and technological advancements; implement e-Government initiatives and digital transformation aimed at establishing a digital Government in the field of natural resources and the environment; develop, manage, operate, and provide data, information, and documentation related to natural resources and the environment in accordance with legal regulations and as assigned by the People's Committee of the town.

15. Assist the People's Committee of the town in managing the organization and activities of associations and non-governmental organizations in the field of natural resources and the environment within the jurisdiction of the People's Committee.

16. Assist the People's Committee of the town in organizing training, capacity-building, and providing guidance and oversight on professional expertise in state management of natural resources and the environment for specialized officials in natural resources and the environment within the People's Committees of communes and wards, as well as for related organizations and individuals in accordance with legal regulations.

17. Manage and utilize officials based on their designated job positions; propose rewards, disciplinary actions, and training and capacity-building in professional expertise for officials under the management of the Department of Natural Resources and Environment in accordance with legal regulations. Additionally, oversee and ensure the effective use of public assets, property, and working equipment, as well as the financial resources and budget allocated, according to legal stipulations and the assignments or authorizations of higher-level state agencies.

18. Carry out information and reporting tasks, both periodic and ad hoc, regarding the implementation status of assigned duties to the People's Council, the People's Committee of the town, and the Department of Natural Resources and Environment of Phu Yen Province.

19. Perform other tasks as stipulated by law and as assigned, delegated, or authorized by the People's Committee of the town, the Chairman of the People's Committee of the town, and higher-level state authorities.

Chapter II

ORGANIZATIONAL STRUCTURE AND STAFFING

Article 3. Organizational structure and staffing

1. The Department of Natural Resources and Environment has a Head of Department, no more than 03 Deputy Heads, and civil servants who carry out specialized and professional tasks:

a) The Head of the Department of Natural Resources and Environment is responsible to the People's Committee of the town, the Chairman of the People's Committee of the town, and the law for the performance of functions, duties, and powers assigned, as well as all activities of the Department of Natural Resources and Environment;

b) The Deputy Head of the Department of Natural Resources and Environment assists the Head of Department in managing and monitoring certain areas of work; they are responsible to the Head of Department and to the law for the tasks assigned. When the Head of Department is absent, one Deputy Head is authorized by the Head of Department to manage the activities of the Department;

c) The appointment, transfer, rotation, reward, discipline, dismissal, resignation, and implementation of regimes and policies for the Head and Deputy Heads of Department are decided by the Chairman of the People's Committee of the town in accordance with the provisions of the law.

2. The staffing of the Department of Natural Resources and Environment is determined by the Chairman of the People's Committee of the town within the total civil servant staffing assigned to the town by the Provincial People's Committee.

The assignment of work to civil servants in the Department of Natural Resources and Environment must be based on job positions, civil servant classification standards, and the qualities, qualifications, and capabilities of the civil servants.

Chapter III

ORGANIZATION FOR IMPLEMENTATION

Article 4. The Head of the Department of Natural Resources and Environment and the Heads of relevant agencies and units are responsible for implementing these Regulations. Should there be any amendments or additions to functions and duties during the implementation process, they shall propose revisions to the People's Committee of the town for appropriate adjustments to the Regulations./.