Decree 68/2022/ND-CP on functions, duties, authority, organizational structure of the Ministry of Natural Resources and Environment and some noteworthy points

On 22 September 2022, Decree No. 68/2022/ND-CP (“Decree 68”) on the functions, duties, authority, organizational structure of the Ministry of Natural Resources and Environment (“MONRE”) was issued by the Government to substitute for Decree No. 36/2017/ND-CP dated 4 April 2017.

The Decree will take effect from 1 November 2022 and provide that MONRE performs the function of state management in the following areas: land; water resources; mineral and geological resources; environment; hydrometeorology; climate change; surveying and cartography; general management of natural resources and environmental protection of sea and islands; exploration; State management of public services in the fields under the management of the Ministry.

Regarding general management of natural resources and environmental protection of sea and islands, in comparison to Decree No. 36/2017/ND-CP, MONRE is assigned a number of additional tasks specified in Clause 13, Article 2 of Decree 68 noteworthy as follows:

1. Appeal to the Prime Minister to establish the National Marine Spatial Planning Appraisal Council; manage sea encroachment activities according to the provisions of law.
2. Recognize a part or an entire sea area.
3. Consider and approve in writing in accordance with their competence authority the location, boundary, area, coordinates, depth and duration of use of the sea area for Vietnamese organizations and individuals to conduct scientific research activities; measurement, observation, investigation, survey and assessment of marine resources.
4. Establish, manage and organize the exploitation and use of integrated monitoring system of resources and environment of sea and islands; build and organize the implementation of investment, exploitation, use and management of specialized facilities and means for warning of marine environmental incidents, research and survey of seas and oceans under their management.
5. Perform the duties of the Standing Body of the National Steering Committee on the implementation of the Strategy for Sustainable Development of Vietnam’s Marine Economy to 2030, with a Vision to 2045; coordinate and organize the implementation of the Strategy for sustainable development of Vietnam’s marine economy to 2030, with a vision to 2045.

Additionally, with the draft decree amending and supplementing a number of articles of Decree No. 40/2016/ND-CP dated 15 May 2016 detailing the implementation of a number of articles of the Law on Marine resources, environment and islands and Decree No. 11/2021/ND-CP dated 10 February 2021 of the Government stipulating the assignment of certain sea areas to organizations and individuals exploiting and using marine resources (“Draft Decree“), MONRE has proposed more detailed regulations on the authority to approve and the subjects of measurement, observation, investigation, survey and assessment of marine resources, yet the Draft Decree is still in the process of public review.

Phuc Dang