I. POSITION AND FUNCTION

1. POSITION

a) The Department of Natural Resources and Environment of Binh Phuoc province (hereinafter referred to as the Department) is a specialized agency under the Provincial People's Committee. The Department is under the direction, management and administration of the Provincial People's Committee; at the same time, under the direction, inspection and guidance on professional and technical expertise of the Ministry of Natural Resources and Environment.
b) The Department has legal status, has its own seal and account, and is allocated a budget for operation in accordance with the provisions of law.

2. FUNCTION

The Department performs the function of advising and assisting the Provincial People's Committee in state management of: land; water resources; mineral resources, geology; the environment; solid waste; hydrometeorology; climate change; surveying and mapping and public services on natural resources and the environment as prescribed by law.
II. TASKS AND POWERS
A. Advise on document issuance

1. Submit to the Provincial People's Committee:

a) Draft legal documents and other documents on natural resources and the environment within the scope and competence of the Provincial People's Committee;
b) Draft long-term, 5-year, annual plans, programs, schemes, projects, and measures to organize the implementation of tasks on natural resources and the environment under the authority of the Provincial People's Committee;
c) Draft a decision on decentralization and authorization of state management of natural resources and the environment to the Department and the People's Committees of districts;
d) Draft a decision on the organizational structure of the Department's specialized branches;
e) Draft a decision to socialize public service delivery activities on natural resources and the environment under the authority of the Provincial People's Committee and according to the decentralization of higher-level state agencies.

2. Submit to the Chairman of the Provincial People's Committee draft decisions, directives and other documents on natural resources and the environment under the competence of the Chairman of the Provincial People's Committee.

Decision on the organizational structure of public service units under the Department.

3. Organize the implementation of legal documents, planning, plans, programs, schemes and projects on natural resources and the environment after being approved; propagate, disseminate, educate and monitor the implementation of law on natural resources and the environment.
4. Manage, organize appraisal, registration, licensing, certification and certification within the scope of assigned functions, tasks and powers or authorized by the Provincial People's Committee and the Chairman of the Provincial People's Committee.

B. On land
a) Assume the prime responsibility for, and coordinate with relevant agencies in, developing the content of the land allocation and zoning plan according to functional zones and land types for each district-level administrative unit in the provincial planning; provincial land use plan;
b) Organize the appraisal of land use planning and plans submitted by the District People's Committees to the Provincial People's Committee for approval; synthesize, monitor and inspect the implementation of approved land use planning and plans;
c) Take the lead in advising and assisting the Provincial People's Committee to stipulate the land allocation limit, recognize residential land for households and individuals; the limit for recognizing land use rights for households and individuals who reclaim land for agricultural production; the limit for allocating bare land, barren hills and land with water surfaces belonging to the group of unused land to households and individuals; the minimum area to be separated from the plot and other contents in accordance with the provisions of law on land for each type of land;
d) Organize the appraisal of dossiers on land allocation, land lease, land recovery, land use right transfer, land use purpose conversion, issuance of certificates of land use rights, home ownership and other assets attached to land in accordance with the provisions of law; organize the appraisal of compensation and resettlement support plans according to their competence; assist the Chairman of the Provincial People's Committee in requisitioning land in accordance with regulations;
e) Carry out land and property registration attached to land, issue certificates of land use rights, home ownership and other assets attached to land according to their competence and under authorization of the Provincial People's Committee, sign land lease contracts; establish, manage, update and adjust land registration dossiers for organizations, religious establishments, foreign organizations and individuals, and overseas Vietnamese implementing investment projects in accordance with regulations;
g) Assume the prime responsibility for organizing the formulation and adjustment of land price tables submitted to the Provincial People's Committee for regulation; make land price maps;
h) Assume the prime responsibility for organizing the determination of specific land prices as a basis for calculating land use fees, land rent, calculating the value of land use rights when equitizing state-owned enterprises, calculating compensation when the State recovers land and other cases in accordance with the provisions of law submitted to the Provincial People's Committee for decision;
i) Organize the construction, management, operation, exploitation and use of the local land database and integrate and update it into the national land database;
k) Assume the prime responsibility for, and coordinate with relevant agencies in, guiding, inspecting and organizing the implementation of compensation, support and resettlement for cases of land recovery in accordance with law provisions of law;
l) Inspect and organize the implementation of land fund development; manage and exploit the land fund; organize the auction of land use rights in accordance with regulations;
m) Monitor, evaluate and inspect the management and use of land in localities in accordance with the provisions of law.
C. On water resources
a) Formulate and organize the implementation of plans for the exploitation, use and protection of water resources, prevention, combat and overcoming of consequences and damage caused by water in the provincial planning in accordance with the provisions of law; develop and implement plans for the regulation and allocation of water resources, restoration of polluted and depleted water sources; monitor activities of exploitation, use and protection of water resources, prevention, combat and overcoming of consequences and damage caused by water;
b) Define restricted areas, areas subject to registration for groundwater exploitation, areas requiring artificial recharge, groundwater exploitation thresholds according to their competence; guide, monitor and inspect the backfilling of unused wells in accordance with the provisions of law;
c) Organize the construction, management and implementation of water resource monitoring for the local water resource monitoring network; develop and manage the system for monitoring water resource exploitation and use activities, the information system and the local water resource database;
d) Organize response and remediation of water pollution incidents; monitor, detect and participate in resolving international water pollution incidents according to their competence; establish and manage water source protection corridors and sanitary protection zones for domestic water abstraction areas; ensure water sources for domestic water supply in cases of drought, water shortage or water pollution incidents; organize the implementation of measures to protect and prevent landslides, riverbeds, riverbanks and alluvial plains; organize investigation, assessment, monitoring and monitoring of flow regimes, sedimentation and erosion of riverbeds, riverbanks and alluvial plains;
e) Organize the receipt and appraisal of dossiers for issuance, renewal, adjustment, suspension of effect, revocation, re-issuance of water resource licenses and permission to transfer water resource exploitation rights according to their competence; appraise dossiers for approving, adjusting, collecting and refunding water resource exploitation right grant fees in accordance with the provisions of law; guide the registration of water resource exploitation and use;
g) Organize basic investigation and monitoring of water resources according to decentralization; inventory, statistics and archive water resource data in the province; report to the Ministry of Natural Resources and Environment the results of basic investigation of water resources, the management, exploitation, use and protection of water resources, prevention, combat and overcoming of consequences and damage caused by water in the area province;
h) Organize investigation, assessment, identification and submission for announcement of minimum flows on rivers and streams in the province and rivers and streams not on the list of inter-provincial river basins, intra-provincial river basins that have reservoirs or have been planned to build reservoirs with water exploitation and use scales that are subject to the requirement of a water resource license;
i) Organize investigation, assessment of the carrying capacity of rivers and lakes that are intra-provincial water sources; announce water sources that no longer have carrying capacity; make a list of intra-provincial water sources; a list of lakes, ponds and lagoons that are not allowed to be backfilled in accordance with regulations;
k) Organize consultation with representatives of the community, organizations and individuals involved in the exploitation and use of water resources in accordance with the provisions of law; confirm the time when water resource exploitation and use works must stop exploitation according to their competence;
l) Resolve issues arising in the coordination of implementation of agencies participating in coordination and supervision of intra-provincial river basins.
D. On mineral resources
a) Define areas prohibited from mining activities and temporarily prohibited from mining activities; identify areas where the right to exploit minerals is not auctioned under the licensing authority of the Provincial People's Committee; propose to the Provincial People's Committee measures to protect unexploited minerals; develop a plan and organize the auction of mineral exploitation rights under the licensing authority of the Provincial People's Committee after being approved;
b) Formulate a plan for exploration, exploitation and use of local minerals in accordance with regulations; promptly detect and report to the Provincial People's Committee and the Ministry of Natural Resources and Environment when new mineral information is discovered; statistics and inventory of mineral reserves under the licensing authority of the Provincial People's Committee;
c) Organize the receipt and appraisal of dossiers for issuance, renewal, revocation and return of mineral exploration licenses and mineral exploitation licenses; dossiers on the transfer of exploration rights and exploitation rights of minerals; dossiers on the

d) Organize the receipt, calculation, appraisal, and submission for approval of dossiers for auctioning mineral exploitation rights, dossiers for calculating fees for granting mineral exploitation rights, dossiers for determining mineral potential assessment costs, and mineral exploration costs to be refunded for mines under the licensing authority of the Provincial People's Committee;

đ) Organize the appraisal and submission to the Provincial People's Committee for resolution of field surveys and surface sampling for the selection of areas for mineral exploration projects by organizations and individuals in accordance with the provisions of law;

e) Organize the appraisal of mineral exploration result reports and dossiers for approving mineral reserves for minerals under the approval authority of the Provincial People's Committee; statistics and inventory of approved mineral reserves and periodically report to the Ministry of Natural Resources and Environment as prescribed.

E. On the environment

a) Organize the appraisal of environmental impact assessment reports; environmental permits; cấp đổi, điều chỉnh, cấp lại, thu hồi environmental permits under the approval authority of the Provincial People's Committee; plans for environmental remediation and restoration in mining activities under the approval authority of the Provincial People's Committee in accordance with the provisions of law;

b) Conduct surveys, assessments, and draft plans for managing the environmental quality of inland rivers and lakes; manage air quality; conduct preliminary surveys and assessments of soil environmental quality; conduct detailed surveys and assessments, and develop plans for treatment, remediation, and restoration of the environment for areas with historical soil pollution or where the polluting organization or individual cannot be identified in the province. Recognize, grant, and revoke permits and certificates on biodiversity under its authority in accordance with the provisions of law; appraise dossiers for granting certificates of biodiversity conservation facilities according to the assignment of the Provincial People's Committee; appraise dossiers for granting permits for the exchange, purchase, sale, donation, lease of specimens of species on the List of Priority Protected Species; appraise dossiers for granting permits for farming species on the List of Endangered, Precious, and Rare Species Prioritized for Protection;

c) Organize the management and control of emission sources and pollution sources from production, business, and service activities in the area in accordance with the provisions of law, including: Coordinating inspection and supervision of the trial operation of waste treatment works for investment projects in the area; receiving and processing continuous automatic monitoring data for emission sources and pollution sources; inspecting and supervising periodic monitoring activities for emission sources and pollution sources; monitoring, guiding, and inspecting environmental protection activities of production, business, and service establishments in the management area as prescribed;

d) Organize the implementation of domestic solid waste management in the area; guide and inspect the collection and treatment of expired or discarded products for production, business, and service establishments; participate in, guide, and inspect the import of scrap from abroad as raw materials for production and other solid waste and hazardous waste management activities in the area under its responsibility in accordance with the provisions of law;

đ) Organize surveys, assessments, development, and implementation of programs, plans, schemes, and projects for pollution treatment, remediation, and restoration of environmental quality in accordance with the provisions of law and as assigned by the Provincial People's Committee; organize the assessment of pollution levels and treatment of environmental pollution in craft villages in the area, develop plans to relocate establishments causing serious environmental pollution, causing prolonged environmental pollution outside residential areas and craft villages.

e) Organize the development of plans for nature and biodiversity conservation integrated into provincial planning; organize surveys, assessments, and establishment of lists and projects for the establishment of nature reserves, biodiversity corridors, high biodiversity areas, important wetlands, important ecological landscapes, and biodiversity conservation facilities; organize measures to conserve endangered, precious, and rare species prioritized for protection, conserve gene sources of native species and species of local value; manage and supervise activities related to access to genetic resources and traditional knowledge associated with genetic resources in accordance with the provisions of law; control invasive alien species, genetically modified organisms and products and goods derived from genetically modified organisms; organize inventory, monitoring, and reporting on biodiversity, and develop and operate a biodiversity database; organize the implementation of payment for environmental services related to biodiversity in the province; prepare dossiers for nomination and implement the management regime for international conservation titles (Ramsar sites, ASEAN Heritage Parks, World Biosphere Reserves);

g) Develop and organize the implementation of plans for environmental incident prevention and response; remediate and restore the environment after incidents in accordance with the provisions of law;

h) Organize the establishment and management of an environmental monitoring system, conduct environmental monitoring, provide information on environmental quality, and issue warnings about environmental pollution in the area in accordance with the provisions of law;

i) Organize the establishment and management of data and information, and prepare environmental reports in accordance with the provisions of law; advise on the implementation of environmental statistical indicators in strategies, plans, schemes, and projects under the approval authority of the Provincial People's Committee in accordance with the provisions of law;

k) Organize the determination of environmental damage; request compensation for environmental damage caused by pollution and degradation in the area in accordance with the provisions of law;

l) Summarize the annual recurrent expenditure needs for environmental protection of departments, agencies, district-level People's Committees, and send them to the Department of Finance for balancing and submission to competent authorities for approval; monitor and supervise the implementation of plans and budget estimates from recurrent expenditure sources for environmental protection after being approved in accordance with the provisions of law;

m) Organize the collection of environmental protection fees for industrial wastewater, sign environmental remediation funds in accordance with the provisions of law; assist the Provincial People's Committee in organizing the management of the local Environmental Protection Fund as assigned and in accordance with the provisions of law;

n) Take the lead and coordinate with relevant agencies in resolving interdisciplinary and inter-district environmental issues in the province and sustainable natural resource exploitation in accordance with the provisions of law.

F. On hydrometeorology

a) Take the lead in appraising investment projects for the construction, renovation, and upgrading of specialized hydrometeorological works;

b) Appraise the technical standards of works and measuring equipment of specialized hydrometeorological works, monitoring equipment, and lightning positioning equipment built by the locality using state budget funds in accordance with the provisions of law;

c) Coordinate with central and local agencies and units in protecting and resolving violations of technical corridors of central hydrometeorological works in the area;

d) Take the lead and coordinate with relevant units to develop a plan for developing a network of specialized hydrometeorological monitoring stations to serve the needs of exploitation and use of hydrometeorological information and data in socio-economic development and natural disaster prevention and control in the province;

đ) Organize inspections of the implementation of receiving and transmitting, broadcasting hydrometeorological forecasts and warnings in the managed area;

e) Appraise dossiers for granting, extending, amending, supplementing, suspending, terminating, revoking, and re-issuing licenses for hydrometeorological forecasting and warning activities for organizations and individuals under the licensing authority of the Provincial People's Committee;

g) Organize the development and submission to the Provincial People's Committee for issuance of regulations on water levels corresponding to flood warning levels at locations in the managed area;

h) Urge and inspect the implementation of regulations on providing hydrometeorological information related to the operation of reservoir owners during floods in accordance with the provisions of law;

i) Monitor and evaluate the exploitation and use of hydrometeorological disaster forecast and warning information to serve socio-economic development and natural disaster prevention and control in the area; appraise, verify, and evaluate the exploitation and use of hydrometeorological information and data in works, programs, plans, schemes, and socio-economic development projects;

k) Take the lead and coordinate with relevant agencies and units to organize inspections and supervision under their authority of monitoring, forecasting, warning, and implementing measures to develop hydrometeorological activities in the area.

G. On climate change

a) Develop, update, and organize the implementation of the Provincial Action Plan for Climate Change Response and the Provincial Implementation Plan for the Paris Agreement on Climate Change;

b) Organize the implementation of tasks in strategies, plans, schemes, programs, and projects on climate change within the scope of management;

c) Integrate climate change content into local strategies, plans, and schemes within the scope of management;

d) Organize the implementation of climate change adaptation activities; assess impacts, vulnerability, risks, losses, and damage caused by climate change; develop solutions to respond to climate change in the area within the scope of management;

đ) Organize monitoring, supervision, and evaluation of local climate change adaptation and greenhouse gas mitigation activities under management authority;

e) Manage carbon credit trading activities; control the production, export, import, and consumption of ozone-depleting substances and greenhouse gases in the locality in accordance with the provisions of law and international treaties to which Vietnam is a member;

g) Organize surveys and collect information and data for national greenhouse gas inventories and update the national database;

h) Take the lead and coordinate with relevant agencies to annually prepare a report on climate change response in the province and send it to the Ministry of Natural Resources and Environment for the preparation of the national climate change response report;

i) Participate in implementing international commitments on climate change and ozone layer protection as assigned by the Provincial People's Committee.

H. On surveying and mapping

a) Appraise surveying and mapping content in programs, schemes, projects, and tasks using state budget funds implemented by local departments, agencies, and People's Committees at all levels;

b) Organize the investment, construction, operation, management, maintenance, protection, relocation, and cancellation of surveying infrastructure works within the scope of management;

c) Organize the development, management, and updating of the national spatial data infrastructure and surveying and mapping databases within the scope of management;

d) Manage the quality of surveying and mapping products; manage the storage, security, provision, exchange, exploitation, and use of information, data, and surveying and