Decree 40/2016/ND-CP detailing implementation Law resources environment of sea islands

• Official number: 40/2016/ND-CP
• Legislation Type: Decree of Government
• Organization: The Government
• Signer: Nguyen Xuan Phuc
• Issued Date: 15/05/2016

THE GOVERNMENT OF VIETNAM -------	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ------------
No. 40/2016/ND-CP	Hanoi, May 15, 2016

DECREE

ELABORATION OF LAW ON NATURAL RESOURCES AND ENVIRONMENT OF SEA AND ISLANDS

Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on natural resources and environment of sea and islands dated June 25, 2015;

At the request of Minister of Natural resources and Environment;

The Government promulgates a Decree to elaborate on certain articles of the Law on natural resources and environment of sea and islands.

Chapter I

GENERAL PROVISIONS

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This Decree elaborates Article 11, Article 14, Article 22, Article 23, Article 25, Article 29, Article 36, Clause 1 Article 40, Clause 3 Article 54, Clause 2 Article 58, Clause 4 Article 60, Clause 3 Article 76 of the Law on natural resources and environment of sea and islands, including the following issues:

1. Formulation, appraisal, approval and implementation of strategies for sustainable extraction and use of natural resources and protection of environment of sea and islands.

2. Coastal zones; formulation, appraisal, approval and adjustments to the master planning for sustainable extraction and use of natural resources in coastal zones; formulation, appraisal, approval and adjustment of the program for integrated management of natural resources in coastal zones.

3. Key programs for baseline surveys into natural resources and environment of sea and islands.

4. Coastal setbacks; limitations on activities within coastal setback zones.

5. Classification of islands.

6. Identification and public announcement of restricted areas to pave the way for rescue, relief and emergency response activities.

7. Issuance, re-issuance, extension, adjustment, return and revocation of sea dumping permits; list of physical matters and wastes subject to sea dumping.

8. Coordination between ministries, regulatory authorities and local governments in integrated management of natural resources and protection of environment of sea and islands.

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This Decree shall apply to agencies and entities involved in the integrated management of natural resources and environmental protection of Vietnam’s sea and islands.

Chapter II

FORMULATION, APPRAISAL, APPROVAL AND IMPLEMENTATION OF THE STRATEGY FOR SUSTAINABLE EXTRACTION AND USE OF NATURAL RESOURCES AND PROTECTION OF ENVIRONMENT OF SEA AND ISLANDS

Article 3. Formulation of the strategy

1. Ministry of Natural resources and Environment shall be responsible for formulating strategic outlines and collecting opinions about such strategic outlines from relevant ministries/regulatory authorities and people’s committees of central-affiliated coastal cities or coastal provinces (hereinafter referred to as people’s committees of coastal provinces). The strategic outlines comprise of the following contents:

a) The necessity, urgency and practical significance of the strategy;

b) The grounds for establishing the strategy;

c) Scope, period and vision of the strategy;

d) Orientations and main contents of the strategy.

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Article 4. Collecting opinions about draft strategy

1. Ministry of Natural Resources and Environment shall discharge the following duties:

a) Send the draft strategy, enclosed with an explanatory report thereto, and the draft request for approval for the strategy to ministries, ministerial agencies, Governmental agencies and people’s committees of coastal provinces to seek their opinions;

b) Publish the full text of the draft request for approval for the strategy, the draft strategy and the explanatory report thereto on the websites of the Government, Ministry of Natural Resources and Environment and people’s committees of coastal provinces.

2. Agencies that are requested to give opinions about the draft strategy shall respond in writing within 30 days after receiving the request for opinions from the agency in charge of formulating the strategy.

People’s committees of coastal provinces shall get opinions about the draft strategy from residential communities and relevant entities in such provinces, and then send a summarized report on collected opinions to Ministry of Natural Resources and Environment.

3. Ministry of Natural Resources and Environment shall accept or clarify opinions given by agencies, entities and residential communities; publish the report on acceptance and clarification of opinions on the websites of the Government, Ministry of Natural Resources and Environment, and people’s committees of coastal provinces.

Article 5. Appraisal of strategy

1. An application for appraisal of the strategy includes:

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b) The draft request for approval for the strategy;

c) The draft strategy and explanatory report thereto;

d) Report on appraisal of the report on strategic environmental assessment as prescribed by law;

dd) The report on acceptance and clarification of opinions given by relevant agencies, entities and residential communities.

2. Contents of appraisal:

a) The grounds for establishing the strategy;

b) Viewpoints, governing principle, vision and objectives of the strategy;

c) The conformity and feasibility of the strategy with requirements regarding integrated management of natural resources and protection of environment of sea and islands for sustainable development.

3. The strategy shall be appraised by an appraisal council that is established by Minister of Natural Resources and Environment, and comprised of 01 Chairperson who is a leader of Ministry of Natural Resources and Environment, 01 Deputy Chairperson, 02 reviewers, 01 secretary and other members who are representatives of relevant ministries and regulatory authorities, and specialists and/or scientists.

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Article 6. Approval for and announcement of strategy

1. Ministry of Natural Resources and Environment shall prepare and submit a completed package of documents about the strategy to the Government for approval.

2. Such a package of documents about the strategy submitted to the Government for approval consists of:

a) The request for approval for the strategy;

b) The draft strategy and explanatory report thereto;

c) Report on appraisal of the strategy;

d) Report on appraisal of the report on strategic environmental assessment as prescribed by law;

dd) The report on acceptance and clarification of opinions given by the appraisal council and those given by relevant agencies, entities and residential communities;

e) The draft of the Government’s Resolution on approval for the strategy.

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Article 7. Implementation of strategy

1. Ministry of Natural Resources and Environment shall preside over and coordinate with ministries, ministerial agencies and people’s committees of coastal provinces in organizing and inspecting the implementation of the strategy for sustainable extraction and use of natural resources and protection of environment of sea and islands.

2. Ministries, ministerial agencies and people’s committees of coastal provinces shall be responsible for reviewing and proposing adjustments to sectoral/local strategies which have contents relating to the extraction and use of natural resources and environmental protection in conformity with the approved strategy for sustainable extraction and use of natural resources and protection of environment of sea and islands.

3. Every 05 years, Ministry of Natural Resources and Environment shall be responsible for evaluating the implementation of the strategy and, and where necessary, requesting the Government to make adjustments to the strategy in order to meet socio-economic development requirements.

Chapter III

COASTAL ZONES; FORMULATION, APPRAISAL, APPROVAL AND ADJUSTMENT OF MASTER PLANNING FOR SUSTAINABLE EXTRACTION AND USE OF NATURAL RESOURCES IN COASTAL ZONES; FORMULATION, APPRAISAL, APPROVAL AND ADJUSTMENT OF PROGRAM FOR INTEGRATED MANAGEMENT OF NATURAL RESOURCES IN COASTAL ZONES

Section 1. COASTAL ZONES; FORMULATION, APPRAISAL, APPROVAL AND ADJUSTMENT OF MASTER PLANNING FOR SUSTAINABLE EXTRACTION AND USE OF NATURAL RESOURCES IN COASTAL ZONES

Article 8. Coastal zones

1. The coastal zone means the coastal waters and the adjacent coastlands.

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3. Coastland area includes coastal communes, wards and towns.

Article 9. Formulation of master planning for sustainable extraction and use of natural resources in coastal zones

1. Ministry of Natural Resources and Environment shall be responsible for making the planning outlines and collecting opinions about the planning outlines from relevant ministries/regulatory authorities and people’s committees of coastal provinces. The planning outlines include the following contents:

a) The necessity, urgency and practical significance of the planning;

b) The grounds for establishing the planning;

c) Scope, period and vision of the planning;

d) Objectives, orientations and main contents of the planning.

2. Based on the opinions given by the agencies mentioned in Clause 1 of this Article, Ministry of Natural Resources and Environment shall draw up the draft planning and collect opinions about the draft planning from relevant agencies, residential communities and entities as referred to in Article 10 of this Decree, and conduct the strategic environmental assessment as referred to by the law on environmental protection.

Article 10. Collecting opinions about master planning for sustainable extraction and use of natural resources in coastal zones

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2. Agencies that are asked for opinions about the draft planning shall respond in writing within 30 days from the receipt of the written request from Ministry of Natural Resources and Environment.

Article 11. Appraisal and approval of planning

1. The planning shall be appraised in accordance with regulations and laws on planning.

2. An application for approval for the planning to be submitted to the Government includes:

a) The request for approval for the planning;

b) The draft planning and explanatory report thereto;

c) Report on appraisal of the planning;

d) Report on appraisal of the report on strategic environmental assessment as prescribed by law;

dd) The report on acceptance and clarification of opinions given by relevant agencies, entities and residential communities;

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Article 12. Adjustment of planning

Procedures for formulation, appraisal and approval for adjustments to the planning shall be the same as those for formulation, appraisal and approval for the planning as referred to in this Decree.

Section 2. FORMULATION, APPRAISAL, APPROVAL AND ADJUSTMENT OF PROGRAM FOR INTEGRATED MANAGEMENT OF NATURAL RESOURCES IN COASTAL ZONES

Article 13. Period of program for integrated management of natural resources in coastal zones

The period of the program for integrated management of natural resources in coastal zones shall be determined on the basis of the program’s objectives and issues to be solved for integrated management.

Article 14. Formulation of program for integrated management of natural resources in coastal zones

1. Ministry of Natural Resources and Environment shall be responsible for formulating the outlines of the program for integrated management of natural resources in coastal zones with an interprovincial scope and collecting opinions about the program's outlines from relevant ministries/regulatory authorities and people’s committees of coastal provinces.

2. Every people’s committee of coastal province shall be responsible for formulating the outlines of the program for integrated management of natural resources in coastal zones within the scope of that province or central-affiliated city and collecting opinions about the program's outlines from Ministry of Natural Resources and Environment, and relevant ministries/regulatory authorities.

3. The program’s outlines contain the following contents:

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b) Principles and grounds for formulating the program;

c) The program’s objectives and period;

d) Scope and boundaries of coastal zones where the program should be established;

dd) The issues to be solved for integrated management;

e) Main contents of the program; indicators for assessing the program's results.

4. Based on opinions given by relevant agencies about the program’s outlines, the agency in charge of formulating the program shall draw up the draft program and collect opinions about the draft program from relevant agencies, residential communities and entities.

Article 15. Collecting opinions about program for integrated management of natural resources in coastal zones

1. With regard to a program with an interprovincial scope, the agency in charge of formulating the program shall send the draft program, enclosed with an explanatory report thereto, to relevant ministries/regulatory authorities and people’s committees of coastal provinces to seek their opinions. With regard to a program with the scope of a province or central-affiliated city, the agency in charge of formulating the program shall send the draft program, enclosed with an explanatory report thereto, to relevant ministries/regulatory authorities to seek their opinions.

2. Opinions of relevant entities and residential communities shall be collected as referred to in Clause 1 Article 37 of the Law on natural resources and environment of sea and islands.

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4. The agency in charge of formulating the program shall make a report on acceptance and clarification of opinions given by relevant agencies, entities and residential communities, and publish it on the websites of the Government, Ministry of Natural Resources and Environment and people’s committees of coastal provinces.

Article 16. Appraisal of program for integrated management of natural resources in coastal zones

1. An application for appraisal includes:

a) An application form for appraisal of the program;

b) The draft program and explanatory report thereto;

c) The report on acceptance and clarification of opinions given by relevant agencies, entities and residential communities.

2. Contents of appraisal:

a) The adequacy in terms of format and contents of the documents included in the submitted application for appraisal;

b) The conformity of the coastal zone covered by the program for integrated management with regulations in Clause 2 Article 34 of the Law on natural resources and environment of sea and islands;

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d) Solutions and tasks for implementing the program;

dd) Resources for implementing the program.

3. The program must be appraised by an appraisal council in accordance with the following regulations:

a) An appraisal council in charge of appraising the program for integrated management of natural resources in coastal zones with an interprovincial scope shall be established by the Minister of Natural Resources and Environment, and comprised of 01 Chairperson who is a leader of the Ministry of Natural Resources and Environment, 01 Deputy Chairperson, 02 reviewers, 01 secretary and other members who are representatives of relevant ministries/regulatory authorities and people’s committees of coastal provinces, and specialists and/or scientists;

b) An appraisal council in charge of appraising the program for integrated management of natural resources in coastal zones with the scope of a province or central-affiliated city shall be established by the relevant people’s committee of coastal province, and comprised of 01 Chairperson who is a leader of the people’s committee of coastal province, 01 Deputy Chairperson, 02 reviewers, 01 secretary and other members who are representatives of relevant district-level departments/boards/regulatory authorities and district-level people’s committees, and specialists and/or scientists.

4. Within 30 days from the date of establishment, the appraisal council shall conduct the appraisal and send a report on appraisal results to the agency in charge of formulating the program in order to complete the draft program.

Article 17. Approval for program for integrated management of natural resources in coastal zones

1. An application for approval for the program consists of:

a) The written request for approval for the program;

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c) Report on appraisal of the program;

d) The report on acceptance and clarification of opinions about the draft program given the appraisal council and those given by relevant agencies, entities and residential communities;

dd) The draft of Decision on approval for the program.

2. Power to approve/adjust the program

a) The Prime Minister of Vietnam shall approve/adjust programs for integrated management of natural resources in coastal zones with an interprovincial scope;

b) People’s Committees of coastal provinces shall approve/adjust programs for integrated management of natural resources in coastal zones under their management after obtaining written opinions from the Ministry of Natural Resources and Environment. Within 05 working days from the date of approval, People’s Committees of coastal provinces must send Decisions on approval for program to Ministry of Natural Resources and Environment for monitoring and inspection.

Article 18. Assessment of results of program for integrated management of natural resources in coastal zones

1. Upon completion of a program, the agency submitting the program for approval must assess the program's results.

2. Subject matters of assessment:

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b) Achievements in comparison with objectives and indicators for assessing the program's results;

c) Positive effects of the implementation of the program for integrated management of natural resources in coastal zones on socio-economic development, national defense and security, and natural resources and environment of coastal zones;

d) Contents to be adjusted or included in the subsequent program for integrated management of natural resources in coastal zones.

Article 19. Adjustment of program for integrated management of natural resources in coastal zones

1. A program for integrated management of natural resources in coastal zones shall be adjusted upon occurrence of any changes in one of the grounds for formulating that program mentioned in Clause 2 Article 35 of the Law on natural resources and environment of sea and islands, resulting in changes in the approved program’s objectives and contents.

2. When making adjustments to the program, the agency in charge of the program must assess the program’s results according to contents stated in Clause 2 Article 18 of this Decree.

3. Procedures for formulation, appraisal and approval for adjustments to the program shall be the same as those for formulation, appraisal and approval for the program regulated in this Decree.

Chapter IV

 KEY PROGRAM FOR BASELINE SURVEYS INTO NATURAL RESOURCES AND ENVIRONMENT OF SEA AND ISLANDS

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1. Principles for formulating the key program

a) The key program must be conformable with the strategy for sustainable extraction and use of natural resources and protection of environment of sea and islands;

b) Ensure the inheritance; have solutions for applying scientific and technological progress to the baseline survey into natural resources and environment of sea and islands;

c) Ensure the feasibility and conformity with the State resources for carrying out baseline surveys.

2. Grounds for formulating the key program

a) The strategy for sustainable extraction and use of natural resources and protection of environment of sea and islands;

b) Requirements regarding integrated management of natural resources and protection of environment of sea and islands;

c) Potentiality of marine and island natural resources; demands for baseline survey, extraction and use of natural resources and protection of environment of sea and islands;

d) Environmental protection requirements, and impacts of the climate change and the sea level rise on natural resources and environment of sea and islands;

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Article 21. Program’s requirements

A key program for baseline survey into natural resources and environment of sea and islands must meet the following requirements:

1. Correspond to requirements on provision of information and data about natural resources and environment of sea and islands to serve the marine economic development and management, and the protection of national sovereignty, national defense and security.

2. Follow information and data inherited from baseline surveys and/or scientific researches which have been conducted in regions where this survey is to be conducted; the baseline survey into natural resources and environment of sea and islands conducted in a region must include appropriate investigation contents.

3. Determine the order of priority of activities of the baseline survey into natural resources and environment of sea and islands according to surveyed subjects and regions in conformity with the State provision of natural resources in each stage.

4. Promote managerial capability of natural resources and environment of sea and islands; gradually improve facilities and equipment to serve baseline surveys.

Article 22. Steps in formulating key program

1. Propose projects, schemes and tasks to put into the key program.

2. Consolidate and review the proposed projects, schemes and tasks, and draft the key program.

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4. Request for approval for the key program.

Article 23. Projects, schemes and tasks to be put into program

1. Ministries, ministerial agencies, Governmental agencies, and people’s Committees of coastal provinces shall propose projects, schemes and tasks to be put into the key program for baseline survey into natural resources and environment of sea and islands as regulated by Ministry of Natural Resources and Environment.

2. Ministries, ministerial agencies, Governmental agencies, People’s Committees of coastal provinces shall, on the basis of sectoral/local requirements regarding the baseline survey into natural resources and environment of sea and islands as regulated in Clause 2 Article 13 of the Law on natural resources and environment of sea and islands, submit their written proposals of projects, schemes and tasks, enclosed with the list and preliminary outlines of projects, schemes and tasks to be put into the key program. The list and outlines of projects, schemes and tasks shall be made using Form No. 01 and Form No. 02 stated in the Annex herein.

Article 24. . Consolidating and reviewing proposed projects, schemes and tasks, and drafting key program

1. Ministry of Natural Resources and Environment shall consolidate and review projects, schemes and tasks proposed to be put into the key program in conformity with principles, grounds and requirements mentioned in Article 20 and Article 21 of this Decree.

2. Based on consolidation and review results, Ministry of Natural Resources and Environment shall draw up a draft of the key program for baseline survey into natural resources and environment of sea and islands, consisting of the following contents:

a) Governing viewpoints and objectives of the key program;

b) The key program’s scope and period;

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d) Solutions, human resources, estimated funding and implementation progress of the key program;

dd) The list of projects, schemes and tasks to the key program;

e) Implementation of the key program.

Article 25. Collection of opinions about the draft of the key program

1. Ministry of Natural Resources and Environment shall send the draft of the key program, enclosed with an explanatory report thereto, to Ministry of Planning and Investment, Ministry of Finance, Ministry of National Defence, Ministry of Public Security, Ministry of External Affairs, and Ministry of Science and Technology to seek their opinions about the draft of the key program.

2. Ministry of Natural Resources and Environment shall consolidate, examine, clarify and accept opinions given by the Ministries listed in Clause 1 of this Article to complete the draft of the key program.

Article 26. Approval for key program

1. Ministry of Natural Resources and Environment shall seek the Prime Minister’s approval for the key program.

2. An application for approval for the key program submitted to the Prime Minister includes:

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b) The draft of the key program and explanatory report thereto;

c) The report on acceptance and clarification of opinions given by ministries;

d) The draft of Decision on approval for the key program.

Article 27. Formulation, approval and adjustment of projects, schemes and tasks included in key program; adjustment of key program

1. Ministries, ministerial agencies, Governmental agencies, People’s Committees of coastal provinces shall, on the basis of the key program for baseline survey into natural resources and environment of sea and islands approved by the Prime Minister, formulate, approve and implement the assigned projects, schemes and tasks under the key program in accordance with regulations of law and this Decree.

2. Ministries, ministerial agencies, Governmental agencies, People’s Committees of coastal provinces shall formulate projects/schemes/tasks; send them to the Ministry of Planning and Investment, Ministry of Finance and relevant ministries/regulatory authorities to seek their opinions; consolidate, accept or clarify opinions given by relevant ministries/regulatory authorities in order to complete such projects/schemes/tasks.

Projects/schemes/tasks included in the key program must be sent to the Ministry of Natural Resources and Environment to seek its opinions before they are approved; they must be sent to Ministry of Natural Resources and Environment for consolidation and management after they are approved.

3. During the implementation of approved projects/schemes/tasks, if such projects/schemes/tasks need to be adjusted because of objective reasons or coastal risks, such adjustment shall be subject to the following provisions:

a) If adjustments to projects/schemes/tasks do not cause changes in objectives and products of projects/schemes/tasks, agencies approving such projects/schemes/tasks shall decide giving approval for such adjustments, and send adjustment documents to Ministry of Natural Resources and Environment.

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4. Adjustment of the key program for baseline survey into natural resources and environment of sea and islands

a) The key program for baseline survey into natural resources and environment of sea and islands shall be adjusted upon occurrence of any changes in one of the grounds for formulating the key program mentioned in Clause 2 Article 20 of the Law on natural resources and environment of sea and islands, resulting in changes in the approved key program’s objectives, scope and contents, or at unforeseen request to serve socio-economic development and protection of national defence and security;

b) Procedures for formulation and approval for adjustments to the key program shall be the same as those for formulation and approval for the key program regulated in this Decree.

Article 28. Implementation of key program

1. Ministry of Natural Resources and Environment shall discharge the following duties:

a) Organize, monitor and inspect the implementation of the approved key program for baseline survey into natural resources and environment of sea and islands;

b) Organize the assessment of the key program’s results upon completion of the key program or before adjustment of the key program.

2. Ministry of Finance shall preside over and coordinate with Ministry of Planning and Investment and Ministry of Natural Resources and Environment in providing guidance on management and use of state budget-derived funds for implementation of projects, schemes and tasks included in the key program for baseline survey into natural resources and environment of sea and islands.

3. Ministries, ministerial agencies, Governmental agencies, and People’s Committees of coastal provinces have the following duties:

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b) Submit annual reports on implementation of assigned projects/schemes/tasks to Ministry of Natural Resources and Environment for preparing and submitting a consolidated report to the Prime Minister;

c) Coordinate with Ministry of Natural Resources and Environment in organizing, monitoring and inspecting the implementation of the key program for baseline survey into natural resources and environment of sea and islands.

Article 29. Submission and retention of results of projects/ schemes/tasks in key program

1. Results of projects/schemes/tasks in the key program for baseline survey into natural resources and environment of sea and islands must be retained and presented in accordance with the laws.

2. Within 30 working days after a finished project/scheme/task is tested and approved, the entity in charge of implementing that project/scheme/task must send the following documents to the Ministry of Natural Resources and Environment:

a) Decision on approval for results of the project/scheme/task, enclosed with the list of products and documents;

b) The final report on results of the project/scheme/task, accompanied with relevant maps and documents (including hardcopies and softcopies).

Article 30. Assessment of results of key program for baseline survey into natural resources and environment of sea and islands

1. Upon completion of the key program or before it is adjusted, Ministry of Natural Resources and Environment shall take charge of assessing the key program’s results.

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a) The implementation process of the key program;

b) Results of the key program in comparison with its objectives and requirements; shortcomings and reasons therefor;

c) The key program’s achievements contributed to socio-economic development, national defense and security;

d) Contents to be adjusted or included in the subsequent key program for baseline survey into natural resources and environment of sea and islands.

Chapter V

COASTAL SETBACKS, LIMITATIONS ON ACTIVITIES WITHIN COASTAL SETBACK ZONES

Article 31. List of coastal areas where coastal setback must be established

1. Based on the principles for establishing coastal setbacks in Clause 2 Article 23 of the Law on natural resources and environment of sea and islands, and guidelines given by Ministry of Natural Resources and Environment, People’s Committees of coastal provinces shall compile the list of coastal areas subject to establishment of coastal setbacks. Provincial Departments of Natural Resources and Environment shall assist People’s Committees of coastal provinces in compiling the list of coastal areas subject to establishment of coastal setbacks.

2. The list of coastal areas subject to establishment of coastal setbacks shall be compiled according to the following sequence:

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b) Determine the coastal areas subject to establishment of coastal setbacks;

c) Collect opinions from relevant agencies, entities and residential communities about the draft list of coastal areas subject to establishment of coastal setbacks;

d) Seek approval for the list of coastal areas subject to establishment of coastal setbacks.

Article 32. Information collection and consolidation, and evaluation of existing conditions of coastal natural resources and environment

1. The information collection and consolidation, and the evaluation of existing conditions of coastal natural resources and environment must be based on updated information and data for the purpose of providing sufficient data to evaluate the distribution rule, features, potentiality and existing conditions of the extraction and use of coastal natural resources and coastal environmental protection.

2. The following information must be collected in order to evaluate existing conditions of coastal natural resources and environment:

a) Natural conditions, natural resources and ecosystems;

b) Natural landscapes and cultural heritage;

c) Socio-economic development plans/plannings;

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dd) Existing environmental conditions and environmental pollution risks;

e) Disaster happenings and risks;

g) Other relevant information and data.

Article 33. Identification of coastal areas subject to establishment of coastal setbacks

1. Coastal areas subject to establishment of coastal setbacks must be determined and recorded in a list.

2. The following contents are included in the draft list of coastal areas subject to establishment of coastal setbacks:

a) The list of coastal areas subject to establishment of coastal setbacks;

b) Name, administrative division, geographic position and general description about each coastal area;

c) Coordinates of two limit points of the coastal area subject to establishment of coastal setback in the mean high water line (MHWL);

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Article 34. Collection of opinions from relevant agencies, entities and residential communities about the draft list of coastal areas subject to establishment of coastal setbacks

1. Opinions from relevant agencies, entities and residential communities about the draft list of coastal areas subject to establishment of coastal setbacks shall be obtained by holding conferences, taking written or oral opinions, or publishing the draft list on the websites of Provincial Departments of Natural Resources and Environment, and People’s Committees of coastal provinces. Period for publishing the draft list on websites for collecting opinions must be at least 45 days.

2. The draft list of coastal areas subject to establishment of coastal setbacks shall be completed on the basis of opinions given by relevant agencies, entities and residential communities as prescribed in Clause 1 of this Article. Acceptance or clarification of collected opinions must be published on the websites of Departments of Natural Resources and Environment and people’s committees of coastal provinces.

3. People’s Committees of coastal provinces are required to obtain opinions from the Ministry of Natural Resources and Environment about the draft list of coastal areas subject to establishment of coastal setbacks before giving approval for that list.

Article 35. Approval for list of coastal areas subject to establishment of coastal setbacks

1. People’s Committees of coastal provinces shall consider giving approval for the list of coastal areas subject to establishment of coastal setbacks.

2. Provincial Departments of Natural Resources and Environment shall seek approval from People’s Committees of coastal provinces for the list of coastal areas subject to establishment of coastal setbacks. An application for approval includes:

a) The written request for approval for the list of coastal areas subject to establishment of coastal setbacks;

b) The draft of Decision on approval for the list of coastal areas subject to establishment of coastal setbacks;

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d) Written opinions, summary statement of opinions given by relevant agencies, entities and residential communities.

Article 36. Determination of mean high water line (MHWL)

1. Based on observation, measurement and calculation data about coastal water levels during a period of 18.6 years before the time when MHWL is determined, Ministry of Natural Resources and Environment shall determine and announce the points with typical values of tides within coastal area of Vietnam.

2. Based on the points with typical values of tides within coastal area of Vietnam, which are announced by Ministry of Natural Resources and Environment as referred to in Clause 1 of this Article, each People’s Committee of coastal province shall take charge of determining and announcing MHWL within the coastal area in that province as regulated by Ministry of Natural Resources and Environment.

Article 37. Breadth and boundaries of coastal setback

1. The breadth of the coastal setback is determined on typical sections in order to ensure requirements and objectives of the establishment of coastal setback and correspond to actual conditions of the coastal area where the coastal setback is established.

2. The breadth of the coastal setback on a typical section refers to the largest distance from MHWL to the following lines:

a) The line connecting the points with highest values as determined for the purpose of ensuring requirements and objectives of the establishment of coastal setback as provided for in Clause 1 Article 23 of the Law on natural resources and environment of sea and islands;

b) The outermost boundary of the protection area I of the historic and cultural relic in accordance with regulations of the law on cultural heritage;

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If the largest distance from MHWL to the lines mentioned in Points a, b and c of this Clause is smaller than 100m, the breadth of the coastal setback at that section shall be 100m; the natural width of the coastal area where the coastal setback is established which is smaller than 100m shall be the breadth of the coastal setback at that section.

If the largest distance from MHWL to the lines mentioned in Points a, b and c of this Clause is larger than the natural width of the coastal area where the coastal setback is established, the breadth of the coastal setback at that section shall be equal to that natural width.

3. Coastal setback boundaries

The outermost boundary of the coastal setback is MHWL; the innermost boundary of the coastal setback on the side of the mainland or the island shall be the line connecting the points with distance determined to ensure the breadth of the coastal setback as referred to in Clause 1 and Clause 2 of this Article.

Article 38. Collection of opinions about and approval for boundaries of coastal setback

1. Opinions of relevant agencies, entities and residential communities about boundaries of coastal setback must be obtained as prescribed in Clause 34 of this Article before seeking approval. Acceptance or clarification of collected opinions must be published on the websites of Departments of Natural Resources and Environment and People’s Committees of coastal provinces.

2. People’s Committees of coastal provinces shall consider giving approval for the boundaries of coastal setback. Provincial Departments of Natural Resources and Environment shall seek approval from People’s Committees of coastal provinces for the boundaries of coastal setback. An application for approval includes:

a) The written request for approval for the boundaries of coastal setback;

b) The draft of Decision on approval for the boundaries of coastal setback;

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d) The report on acceptance and clarification of opinions given by relevant agencies, entities and residential communities about the boundaries of coastal setback;

dd) Written opinions, summary statement of opinions given by relevant agencies, entities and residential communities.

Article 39. Announcement and setting up boundary markers of coastal setback

1. Within 20 days from the date on which the decision on approval for boundaries of coastal setback is issued, People’s Committees of coastal provinces shall announce the coastal setback on the mass media. The map showing boundaries of the coastal setback must be posted at headquarters of People’s Committees of coastal communes/wards/towns and at coastal areas where the coastal setback is established.

2. Within 60 days from the date on which the decision on approval for boundaries of coastal setback is issued, Provincial Departments of Natural Resources and Environment shall set up boundary markers of the coastal setback.

Article 40. Adjustment of boundaries of coastal setback

1. Boundaries of the coastal setback shall be adjusted in the following cases:

a) There is a significant changes in MHWL at the coastal area where the coastal setback is established;

b) Upon irregular request for national defence and security;

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2. The adjustment of boundaries of the coastal setback shall be made according to procedures and steps for determination of boundaries of the coastal setback as referred to in Article 37 and Article 38 of this Decree.

Article 41. Limitations on activities within coastal setback

1. Extraction of underground water shall be conducted in an emergency for the purpose of disaster and fire prevention and control, response to environmental emergencies or for serving extraction purposes in cases where there is no source of water available for extraction.

2. Land reclamation and exploration of minerals, and oil and gas shall be conducted upon the approval given by Prime Minister.

3. Renovation of an existing construction work may be carried out if such renovation shall make no change in using purpose, structure, depth or height of that work or shall make positive effects on the maintenance and protection of coastal setback.

4. Production, trading and service provision likely to degrade the coastal ecosystem, the value of ecosystem services and natural landscapes may be carried out if there are solutions to assure that requirements and objectives of establishment of coastal setback are not influenced.

5. Apart from the abovementioned limitations, activities mentioned in Clauses 1, 2, 3 and 4 of this Article are only carried out upon approval given by regulatory authorities in accordance with specialized laws.

Article 42. Responsibilities of ministries and ministerial agencies for establishment, management and protection of coastal setbacks

1. Ministry of Natural Resources and Environment shall have the following responsibilities:

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b) Instruct local governments to establish and manage coastal setbacks in compliance with this Decree;

c) Inspect and handle violations against regulations on management of coastal setbacks.

2. Ministries and ministerial agencies shall, within the ambit of assigned functions, tasks and powers, coordinate with Ministry of Natural Resources and Environment and People’s Committees of coastal provinces in establishing, managing and protecting coastal setbacks.

Article 43. Responsibilities of People’s Committees of all levels for establishment, management and protection of coastal setbacks

1. Each People’s Committee of coastal province shall have the following responsibilities:

a) Instruct and organize establishment, announcement and management of coastal setbacks in accordance with the Law on natural resources and environment of sea and islands and regulations in this Decree; propagate and disseminate regulations of the law on natural resources and environment of sea and islands;

b) Promulgate regulations on management and protection of coastal setback in that coastal province; disseminate and educate the laws on management and protection of coastal setbacks;

c) Inspect and handle violations against regulations on management and protection of coastal setbacks in that province.

2. Each People’s Committee of coastal urban (or rural) district/ provincial-affiliated city/equivalent administrative division shall have the following responsibilities:

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b) Implement measures for protection of unexploited natural resources within coastal setbacks in accordance with the laws;

c) Participate in establishment and coordinate in setting up boundary markers of coastal setbacks in its management region;

d) Manage and protect boundary markers of coastal setbacks; assume responsibility for encroachment or illegal use of land area within coastal setbacks in its management region;

dd) Inspect the compliance with regulations on management and protection of coastal setbacks in its management region.

3. Each People’s Committee of coastal commune/ward/commune-level town shall have the following responsibilities:

a) Organize the implementation of legislative documents on management and protection of coastal setbacks; disseminate and propagate the laws on management and protection of coastal setbacks;

b) Coordinate in setting up boundary markers of coastal setbacks in its management region;

c) Protect boundary markers of coastal setbacks; assume responsibility for encroachment or illegal use of land area within coastal setbacks in its management region;

d) Inspect the compliance with regulations on management and protection of coastal setbacks in its management region.

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CLASSIFICATION OF ISLANDS

Article 44. Classification of islands

There are two groups of islands as below:

1. Archipelagos, islands, low-tide elevations and submerged atolls requiring protection and conservation.

2. Archipelagos, islands, low-tide elevations and submerged atolls from which natural resources are exploited and used.

Article 45. Criteria for classification of islands

1. The entire area of each of archipelagos, islands, low-tide elevations and submerged atolls requiring protection and conservation as referred to in Clause 1 Article 44 of this Decree must satisfy at least one of the following criteria:

a) Is a national park or national nature reserve or national protected area for habitats or national protected landscape area as referred to by the law on biodiversity; or

b) Is a national relic or a special national relic as referred to in the law on cultural heritage; or

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d) Is used to serve the national defence and security purpose.

2. Archipelagos, islands, low-tide elevations and submerged atolls from which natural resources are exploited and used prescribed in Clause 2 Article 44 of this Decree include archipelagos, islands, low-tide elevations and submerged atolls other than those prescribed in clause 1 of this Article.

Article 46. Making and approval for list of classified islands

1. Ministry of Natural Resources and Environment shall preside over and coordinate with ministries, ministerial agencies and People’s Committees of coastal provinces in making and submitting the list of classified islands to the Prime Minister for approval.

2. Opinions of relevant ministries, ministerial agencies and People’s Committees of coastal provinces about the draft list of classified islands must be obtained before it is submitted to the Prime Minister for approval.

3. An application for approval for the list of classified islands submitted to Prime Minister includes:

a) The written request for approval for the list of classified islands;

b) The draft list of classified islands and an explanatory report thereto;

c) Written opinions given by agencies as prescribed in Clause 2 of this Article, enclosed with a summary statement of acceptance and clarification of such opinions;

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Chapter VII

IDENTIFICATION AND PUBLIC ANNOUNCEMENT OF RESTRICTED AREAS TO PAVE WAY FOR RESCUE, RELIEF AND EMERGENCY RESPONSE ACTIVITIES

Article 47. Restricted areas

1. Competent authorities shall identify restricted areas.

2. Boundaries of a restricted area shall be determined in each specific case in conformity with rescue, relief and emergency response activities.

The location and boundaries of a restricted area must be shown in the nautical chart at both VN-2000 and WGS-84 coordinate systems with the accuracy of up to 1/10 seconds. The depth of a restricted area means the depth of lower low water mark which should be announced and determined by meters up to the chart datum with the accuracy of 1/10 meters.

3. A restricted area shall be determined by straight lines connecting corner points with specific coordinates and shown on the nautical chart with suitable scale.

Article 48. Identification and public announcement of restricted areas

1. Agencies or persons in charge of rescue, relief and emergency response shall submit written requests for establishment of restricted areas to pave the way for rescue, relief and emergency response activities, enclosed with nautical charts of those areas, to authorities competent to identify and announce the restricted areas in accordance with prevailing laws.

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3. Announcement of restricted areas

a) Announcement of restricted areas must be broadcasted on television, radio, coastal radio station systems and on other means of mass media in Notices to mariners in conformity with international maritime practices;

b) Place-names of restricted areas in the announcement must be same as those shown in nautical charts or other published maritime documents. If a place-name is not specified in any of the said documents, local name shall apply.

c) An announcement of restricted area is expressed in Vietnamese and English;

d) An announcement of restricted area must clearly indicate the starting and ending dates of its validity period.

Chapter VIII

ISSUANCE, RE-ISSUANCE, EXTENSION, ADJUSTMENT, PERMISSIBLE RETURN AND REVOCATION OF SEA DUMPING PERMITS; THE LIST OF PHYSICAL MATTERS AND WASTES SUBJECT TO SEA DUMPING

Article 49. Issuance of sea dumping permit

1. A sea dumping permit shall be issued if all of the following conditions are satisfied:

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b) There is a sea dumping plan which meets the requirements laid down in Clause 4 Article 57 of the Law on natural resources and environment of sea and islands;

c) The sea area used for dumping is conformable with the sea use planning and the master plan for sustainable extraction and use of coastal natural resources approved by competent authorities.

In cases where an approved sea use planning or master plan for sustainable extraction and use of coastal natural resources is not available, the sea area used for dumping shall be considered on the basis of the environmental impact assessment report approved by a competent authority in accordance with regulations of law on environmental protection.

2. A sea dumping permit includes the contents stated in Clause 1 Article 59 of the Law on natural resources and environment of sea and islands, and is made using Form No. 11 stated in the Annex herein.

3. Dumping in sea areas where lawful exploitation and use of marine natural resources take place, prohibited zones, areas of suspension of innocent passage and restricted areas is not permitted.

Article 50. Extension of sea dumping permit

1. A sea dumping permit may be extended in case its validity period is not enough to finish the permitted dumping and an application for the extension is submitted.

2. An application for extension of sea dumping permit shall only be considered if all of the following conditions are satisfied:

a) It is submitted at least 60 days before the expiration date of the permit;

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c) By the time of application submission, the applicant has discharged all of the obligations set forth in Clause 2 Article 61 of the Law at sea and island natural resources and environment.

3. If an application is approved, an extended sea dumping permit shall be granted.

Article 51. Adjustment of sea dumping permit

1. A sea dumping permit may be adjusted in the following cases:

a) There is a change in name of the holder of sea dumping permit;

b) There is a change in dumping scale, or boundaries/ area of the sea area for dumping, or the method of sea dumping, or time for conducting sea dumping.

2. An application for adjustment of sea dumping permit shall only be considered if all of the following conditions are satisfied:

a) The permit is still effective for at least 45 more days;

b) Dumping activities have been carried out consistently with the issued sea dumping permit; all financial obligations have been fulfilled in accordance with regulations of law;

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3. If an application is approved, an adjusted sea dumping permit shall be granted. The validity period of the adjusted sea dumping permit shall be the remaining validity period of the former one.

Article 52. Permissible return of sea dumping permit

1. A sea dumping permit may be returned if the permit holder terminates its sea dumping operations.

2. The return of sea dumping permit may only be approved if all of the following conditions are satisfied:

a) The sea dumping permit is still valid;

b) Dumping activities have been carried out consistently with the issued sea dumping permit; all financial obligations have been fulfilled in accordance with regulations of law;

c) By the time of submission of an application for return, the applicant has discharged all of the obligations set forth in Clause 2 Article 61 of the Law at sea and island natural resources and environment.

3. If an application for return is approved, a decision on approval for return of sea dumping permit shall be issued using Form No. 12 stated in the Annex herein.

Article 53. Re-issuance of sea dumping permit

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2. An application for re-issuance of sea dumping permit shall only be considered if all of the following conditions are satisfied:

a) Permit is still effective for least 30 more days;

b) Dumping activities have been carried out consistently with the issued sea dumping permit; all financial obligations have been fulfilled in accordance with regulations of law;

c) By the time of application submission, the applicant has discharged all of the obligations set forth in Clause 2 Article 61 of the Law at sea and island natural resources and environment.

3. If an application for re-issuance of sea dumping permit is approved, a duplicate of the issued sea dumping permit shall be granted.

Article 54. Application for issuance/re-issuance/extension/adjustment/return of sea dumping permit

1. An application for issuance of sea dumping permit consists of:

a) An application form which is made using Form No. 04 stated in the Annex herein;

b) The sea dumping project which is made using Form No. 03 stated in the Annex herein;

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d) A copy accompanied by its original for verification purpose or a certified true copy of the enterprise registration certificate (if the applicant is an enterprise);

dd) The map of the sea area for carrying out dumping activities which is made using Form No. 09 stated in the Annex herein.

2. An application for re-issuance of sea dumping permit consists of:

a) An application form for re-issuance of sea dumping permit which must clearly indicate the reasons for re-issuance and be made using Form No. 05 stated in the Annex herein;

b) A report on the status and results of sea dumping activities, environmental protection and discharge of obligations as prescribed by law up to the time of application submission.

3. An application for extension of sea dumping permit consist of:

a) An application form which is made using Form No. 06 stated in the Annex herein;

b) The issued sea dumping permit;

c) A report on the status and results of sea dumping activities, environmental protection and discharge of obligations as prescribed by law up to the time of application submission.

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a) An application form which is made using Form No. 07 stated in the Annex herein;

b) The issued sea dumping permit;

c) A report on the status and results of sea dumping activities, environmental protection and discharge of obligations as prescribed by law up to the time of application submission.

5. An application for adjustment of sea dumping permit includes:

a) An application form for adjustment of sea dumping permit which must clearly indicate the reasons for adjustment and be made using Form No. 08 stated in the Annex herein;

b) The issued sea dumping permit;

c) A report on the status and results of sea dumping activities, environmental protection and discharge of obligations as prescribed by law up to the time of application submission;

d) A copy accompanied by its original for verification purpose or a certified true copy of the environmental impact assessment report approved by competent authority in accordance with regulations of the law on environmental protection, if the adjustment of sea dumping permit is made due to changes in dumping scale, or boundaries/area of sea area for dumping, or method of sea dumping;

dd) A copy accompanied by its original for verification purpose or a certified true copy of the document proving the change of name of the sea dumping permit holder, if the adjustment of sea dumping permit is made due to change of name of the permit holder;

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Article 55. Receipt of and response to application for issuance/ reissuance/extension/adjustment/return of sea dumping permit

1. Application-receiving authorities:

a) General Department of Vietnam’s Sea and Islands shall receive the application for issuance/ reissuance/ extension/ adjustment/return of sea dumping permit within the competence of Ministry of Natural Resources and Environment;

b) Provincial Departments of Natural Resources and Environment shall receive applications for issuance/ reissuance/ extension/ adjustment/return of sea dumping permit within the competence of people’s committees of coastal provinces.

2. Forms of receipt and response to the application:

a) Applications for issuance/ reissuance/ extension/ adjustment/return of sea dumping permit shall be submitted by hand or by post to the application-receiving authorities as referred to in Clause 1 of this Article;

b) Applicants shall, by hand or by post, receive application-processing results given by application-receiving authorities in accordance with the law.

Article 56. Contents of appraisal of applications for issuance/re-issuance/extension/adjustment/return of sea dumping permit

1. The adequacy in terms of format and contents of the documents included in the application.

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3. The conformity of the sea area for dumping with the sea use planning or the master plan for sustainable extraction and use of coastal natural resources.

4. The conformity of the sea dumping plan with requirements in Clause 4 Article 57 of the Law on natural resources and environment of sea and islands.

Article 57. Procedures for issuance/ reissuance/ extension/ adjustment/grant of approval for return of sea dumping permit

1. Application receipt:

a) The applicant for issuance/ reissuance/ extension/ adjustment/return of sea dumping permit shall submit 02 sets of application dossiers to the application-receiving authority. If the application is submitted by post, the date of receiving application shall be the date on which it is delivered by the post office to the application-receiving authority;

b) The application-receiving authority shall check the documents included in the application. If the application is valid, within 01 working day from the date of receipt, the application-receiving authority shall grant an application receipt note giving an appointment to receive the application processing result which is made using Form No. 14 stated in the Annex herein. If the application is not yet valid, within 03 working days from the date of receipt, the application-receiving authority shall give the only written instruction to the applicant to modify its application.

2. The application shall be appraised according to the following procedures:

From the date on which the application receipt note is granted, within 60 days if the application for issuance of sea dumping permit is submitted, or within 45 days if the application for extension/ return of sea dumping permit is submitted, or within 30 days if the application for adjustment of sea dumping permit is submitted, or within 15 days if the application for re-issuance of sea dumping permit is submitted, the application-receiving authority shall discharge the following responsibilities:

a) Complete the appraisal of the application according to the contents stated in Article 56 of this Decree; the appraisal result must be recorded in writing.

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b) Send written request to the applicant for completing the application according to appraisal results, if the application requires a modification.

3. Submission and processing of an application:

a) Within 07 working days from the date on which the valid application is submitted, the application-receiving authority shall submit that application to the authority competent to issue sea dumping permit;

b) Within 07 working days from the date on which the valid application is submitted by the application-receiving authority, the authority competent to issue sea dumping permit shall consider and make decision on issuance/re-issuance/extension/adjustment/return of sea dumping permit. If the application is rejected, written reasons shall be given to the applicant.

4. Giving notice and returning results

Within 03 working days from the date of its receipt of the application processing results from the authority competent to issue sea dumping permit, the application-receiving authority shall give a notice thereof to the applicant for receiving the application processing results and performing relevant obligations as prescribed by laws, and send the sea dumping permit to relevant regulatory authorities.

Article 58. Revocation of sea dumping permit

1. A sea dumping permit shall be revoked in the following cases:

a) The permit holder misuses sea dumping activities for causing adverse influence on national defence, security or national interests, or infringing on the order and safety at sea, or causing serious impact on other entities’ legal extraction and use of marine natural resources;

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c) After 03 (three) months from the effective date specified in the permit, the permit holder still fails to carry out dumping activities, except for force majeure events;

d) The sea area assigned for the permitted dumping is used for the purpose of national defence, security or national interests as prescribed by laws, or is announced as prohibited zone by a competent authority;

dd) The permit holder is facing dissolution or bankruptcy as prescribed by laws.

2. Procedures for revocation of the sea dumping permit in the case specified in point a, b or c clause 1 of this Article:

a) Within 07 working days from the date of its receipt of a competent authority’s written conclusion that the permit holder commits the violation in Point a, b or c Clause 1 of this Article, the authority mentioned in Clause 1 Article 55 of this Decree shall request the competent authority to make decision on the revocation of sea dumping permit;

b) Within 10 working days from the receipt of written request for revocation of sea dumping permit, the competent regulatory authority shall consider issuing a decision on revocation of the sea dumping permit;

c) Within 03 working days from the date on which a decision on revocation of the sea dumping permit is issued, the authority mentioned in Clause 1 Article 55 of this Decree shall send that decision to the entity that has its permit revoked and relevant agencies.

3. Procedures for revocation of the sea dumping permit in the case specified in point d or dd clause 1 of this Article:

a) Within 07 working days from the date on which a competent authority announces that the sea area assigned for the permitted dumping is used to serve national defense, security or national interests as prescribed by laws or the sea area assigned for the permitted dumping is announced as a prohibited zone, or from the date on which the permit holder is dissolved or declared bankrupt, the authority mentioned in Clause 1 Article 55 of this Decree shall request a competent regulatory authority to make a decision on revocation of the sea dumping permit;

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c) Within 03 working days from the date on which a decision on revocation of the sea dumping permit is issued, the authority mentioned in Clause 1 Article 55 of this Decree shall send that decision to the entity that has its permit revoked and relevant agencies.

4. A decision on revocation of sea dumping permit shall be made using Form No. 13 stated in the Annex herein.

5. In case of revocation of sea dumping permit specified in point d clause 1 of this Article, the entity that has its permit revoked shall be eligible for support and compensations as prescribed by law.

Article 59. Termination of effect of sea dumping permit

1. Effect of a sea dumping permit shall come to an end in the following cases:

a) The sea dumping permit is revoked;

b) The sea dumping permit expires;

c) The return of sea dumping permit is approved.

2. When the effect of a sea dumping permit comes to an end as referred to in Clause 1 of this Article, the sea dumping permit holder is responsible for settling facilities and equipment serving dumping activities and submitting a report on results thereof to a competent authority for checking.

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Article 60. List of physical matters and wastes to be dumped at sea

The following physical matters are subject to sea dumping:

1. Dredged materials.

2. Sewage sludge.

3. Fish wastes or materials resulting from industrial fish processing activities.

4. Vessels, platforms or man-made structures at sea.

5. Inert geological materials and inorganic matters.

6. Natural organic matters.

7. Non-poisonous bulky items which are mainly made of iron, steel, concrete and similar materials but there is no disposal method better than dumping in a specific condition or circumstance.

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Chapter IX

COORDINATION IN INTEGRATED MANAGEMENT OF NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION OF SEA AND ISLANDS

Article 61. Coordination purposes

1. Set up the consistent coordination between regulatory authorities from central to local government in integrated management of natural resources and protection of the environment of sea and islands.

2. Improve the coordination between ministries, regulatory authorities, agencies and people’s committees of coastal provinces; enhance the efficiency of the integrated management of natural resources and protection of the environment of sea and islands.

3. Promote the efficiency of legitimate and thrifty extraction and use of natural resources, and protection of environment of sea and islands for the purpose of achieving a sustainable development.

Article 62. Coordination in formulating and implementing laws on integrated management of natural resources and environmental protection of sea and islands

1. Ministry of Natural resources and Environment shall take charge of:

a) Planning annual and long-term programs for formulating legislative documents on integrated management of natural resources and environmental protection of sea and islands, and organizing the implementation of approved programs;

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2. Ministry of Justice shall discharge the following duties:

a) Take charge of and coordinate with Ministry of Natural Resources and Environment in planning programs for formulating legislative documents on integrated management of natural resources and environmental protection of sea and islands under the promulgation competence of the National Assembly or the Standing Committee of the National Assembly;

b) Coordinate with Ministry of Natural Resources and Environment in examining legislative documents on integrated management of natural resources and environmental protection of sea and islands; monitoring the implementation of laws on integrated management of natural resources and environmental protection of sea and islands.

3. Ministry of Public Security and Ministry of National Defence shall be responsible for organizing and instructing the prevention and combat of crimes and violations against the law on natural resources and environment of sea and islands within the ambit of assigned functions, tasks and powers.

4. Relevant ministries and regulatory authorities shall discharge the following duties:

a) Participate in the formulation of legislative documents on integrated management of natural resources and environmental protection of sea and islands;

b) Request Ministry of Natural Resources and Environment to amend or promulgate new legislative documents on integrated management of natural resources and environmental protection of sea and islands;

c) Coordinate with Ministry of Natural Resources and Environment in monitoring the implementation of laws on integrated management of natural resources and environmental protection of sea and islands.

5. People’s Committees of coastal provinces have the following duties:

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b) Review, prepare and submit consolidated reports to Ministry of Natural Resources and Environment on the implementation of legislative documents on integrated management of natural resources and environmental protection of sea and islands.

Article 63. Coordination in establishing and organizing implementation of the strategy for sustainable extraction and use of natural resources and environmental protection of sea and islands; sea use plans; master planning for sustainable extraction and use of coastal natural resources; and program for integrated management of coastal natural resources

1. Ministry of Natural Resources and Environment shall preside over and coordinate with relevant ministries/regulatory authorities in:

a) Carrying out the investigation and general assessment of natural conditions, socio–economic conditions, environment, potentiality of natural resources, and existing conditions of the extraction and use of natural resources in coastal zones, sea and islands; forecast about the change of natural resources and environment, impacts of climate change and sea level rise on natural resources in coastal zones, sea and islands;

b) Determining objectives and orientation of baseline surveys, scientific research, international cooperation, sustainable extraction and use of natural resources and environmental protection of coastal zones, sea and islands; classifying coastal zones and sea areas for extraction and use of natural resources;

c) Formulating, perfecting and submitting the strategy for sustainable extraction and use of natural resources and environmental protection of sea and islands to the Prime Minister for approval;

d) Formulating, perfecting and submitting the sea use planning and the master plan for sustainable extraction and use of natural resources in coastal zones in the whole country to the Prime Minister for approval;

dd) Formulating, perfecting and submitting programs for integrated management of natural resources in coastal zones with the interprovincial scope;

e) Providing information about the strategy for sustainable extraction and use of natural resources and environmental protection of sea and islands, the sea use planning, the master planning for sustainable extraction and use of natural resources in coastal zones in the whole country and the program for integrated management of natural resources in coastal zones with the interprovincial scope to relevant ministries, regulatory authorities and governments of coastal regions;

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2. Ministries and regulatory authorities shall discharge the following duties:

a) Provide relevant information and data as referred to in Clauses 3, 4, 5, 6, 7, 8, 9 and 10 of this Article to Ministry of Natural Resources and Environment;

b) Give opinions about drafts of the strategy for sustainable extraction and use of natural resources and environmental protection of sea and islands, the sea use planning, the master planning for sustainable extraction and use of natural resources in coastal zones in the whole country and the program for integrated management of natural resources in coastal zones with the interprovincial scope;

c) Coordinate in inspecting the implementation of the strategy for sustainable extraction and use of natural resources and environmental protection of sea and islands, the sea use planning, the master planning for sustainable extraction and use of natural resources in coastal zones in the whole country and the program for integrated management of natural resources in coastal zones with the interprovincial scope;

d) Submit annual reports on the implementation of the strategy for sustainable extraction and use of natural resources and environmental protection of sea and islands, the sea use planning, the master planning for sustainable extraction and use of natural resources in coastal zones in the whole country and the program for integrated management of natural resources in coastal zones with the interprovincial scope within the ambit of assigned duties in accordance with the laws.

3. Ministry of Agriculture and Rural Development provides information and data about protective forests, special-use forests and production forests, information and data in aquatic sector, existing conditions and development orientations of dykes, fishing ports and harbors, planning map for aquaculture and extraction of aquatic natural resources.

4. Ministry of Transport provides information and data about existing conditions and development orientations of sea ports, navigable channels, anchoring areas and shipbuilding facilities, planning map for sea ports, navigable channels, anchoring areas and shipbuilding facilities.

5. Ministry of Planning and Investment provides information and data about existing conditions and development orientations of coastal economic zones, and other information and data at the request of Ministry of Natural Resources and Environment.

6. Ministry of Construction provides information and data about existing conditions and development orientations of offshore, coastal and island structures, and urban areas under its management.

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8. Ministry of Industry and Trade provides information and data about oil and gas, and other types of energy in connection with sea and islands under its management.

9. Ministry of Public Security and Ministry of National Defence provide information and data about prohibited zones, areas of suspension of innocent passage, restricted zones and areas requiring special protection in order to serve national defence and security purposes.

10. Ministry of Foreign Affairs provides information and documents about policies of Vietnam Communist Party and the Government in foreign affairs relating to sea and islands.

11. People’s Committees of coastal provinces have the following duties:

a) Provide the Ministry of Natural Resources and Environment with information and data about natural conditions, existing conditions of natural resources, social and economic conditions, the management and existing conditions of the extraction and use of natural resources, and environmental protection of sea and islands under their management; information and data about lagoons, alluvial plains, buffer zones, eroded coastal zones, protective forests, wetlands and areas in which ecosystems should be conserved in sea and islands under their management; solutions for management and protection of coastal setbacks in their management provinces;

b) Give opinions about drafts of the strategy for sustainable extraction and use of natural resources and environmental protection of sea and islands, the sea use planning, the master planning for sustainable extraction and use of natural resources in coastal zones in the whole country and the program for integrated management of natural resources in coastal zones with the interprovincial scope;

c) Formulate, perfect and give approval for programs for integrated management of natural resources in coastal zones under their management;

d) Submit annual reports on the implementation of the strategy for sustainable extraction and use of natural resources and environmental protection of sea and islands, the sea use planning, the master planning for sustainable extraction and use of natural resources in coastal zones and the program for integrated management of natural resources in coastal zones under their management to Ministry of Natural Resources and Environment in accordance with the laws.

Article 64. Coordination in managing and conducting baseline surveys into natural resources and environment of sea and islands

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a) Take charge of preparing and requesting the Prime Minister to give approval for the key program for baseline survey into natural resources and environment of sea and islands;

b) Construct and manage database for baseline surveys into natural resources and environment of sea and islands;

c) Provide information and data about baseline surveys into natural resources and environment of sea and islands at the requests of ministries/regulatory authorities and people’s committees of coastal provinces in accordance with the laws;

d) Appraise or participate in the appraisal of programs/plans for the baseline survey into natural resources and environment of sea and islands of ministries/regulatory authorities and People’s Committees of coastal provinces in accordance with the laws;

dd) Give opinions about the necessity, subjects, scope and contents of the investigation, feasibility, efficiency of baseline survey projects/schemes/tasks which are not in the key program for baseline survey of natural resources and environment of sea and islands, and made, approved and implemented by ministries, ministerial agencies, Governmental agencies, People’s Committees of coastal provinces;

e) Coordinate with ministries/regulatory authorities and People’s Committees of coastal provinces in monitoring, expediting, inspecting and summarizing the implementation of programs/plans for baseline surveys into natural resources and environment of sea and islands.

2. Ministries and regulatory authorities shall discharge the following duties:

a) Provide information and data in relevant sectors as referred to in Clauses 3, 4, 5, 6, 7, 8, 9 and 10 of this Article to Ministry of Natural Resources and Environment;

b) Take charge and coordinate with Ministry of Natural Resources and Environment in appraising programs/plans for baseline survey into natural resources and environment of sea and islands under their management;

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d) Construct and manage database of results of baseline surveys into natural resources and environment of sea and islands under their management; transfer managed data to the national database for management, extraction and use as referred to by laws;

dd) Submit annual reports on the baseline survey into natural resources and environment of sea and islands under their management to Ministry of Natural Resources and Environment in accordance with the laws.

3. Ministry of Agriculture and Rural Development provides information and data about result of the baseline survey, existing conditions and needs of baseline survey into marine and island creatures; and result of environmental monitoring conducted by Ministry of Agriculture and Rural Development.

4. Ministry of Industry and Trade provides information and data about baseline survey results, management situation, and the necessity of the baseline survey into oil and gas, and other types of energy under its management.

5. Ministry of Culture, Sports and Tourism provides information and data about baseline survey results, management situation, and the necessity of the baseline survey into tourist resorts, tourist attractions, national and world natural heritage values, historical - cultural relics, and famous landscapes in sea areas, coastal zones and islands.

6. Ministry of Transport provides information and data about baseline survey results, management situation, and the necessity of the baseline survey into position natural resources in order to serve the development of sea ports, navigable channels, anchoring areas and shipbuilding facilities.

7. Ministry of National Defence provides information and data about baseline survey results, management situation, and the necessity of the baseline survey into marine natural resources, and result of environmental monitoring conducted by Ministry of National Defence; information and data about the security, order and safety at sea, islands, prohibited zones, areas of suspension of innocent passage, restricted zones and areas requiring special protection in order to serve national defence and security purposes.

8. Ministry of Foreign Affairs provides information and documents about policies of Vietnam Communist Party and the Government in foreign affairs relating to sea and islands.

9. Ministry of Planning and Investment provides information and data about economic development orientations in sea and islands while taking into account the necessity of baseline survey into natural resources and environment of sea and islands; other relevant information and data at the request of Ministry of Natural resources and Environment.

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a) Provide the Ministry of Natural Resources and Environment with information and data about results of baseline survey into natural resources and environment of coastal zones and islands, which are conducted by local government; management situation, and the necessity of the baseline survey into natural resources and environment of coastal zones and islands;

b) Submit annual reports to Ministry of Natural Resources and Environment on the baseline survey into natural resources and environment of sea and islands conducted by local government in accordance with the laws.

Article 65. Coordination in setting up systems for monitoring and supervising natural resources and environment of sea and islands; setting up information systems and database of natural resources and environment of sea and islands

1. Ministry of Natural Resources and Environment shall take charge of:

a) Setting up system for monitoring and supervising natural resources and environment of sea and islands by connecting with systems for monitoring and supervising natural resources and environment of sea and islands of ministries/regulatory authorities and People’s Committees of coastal provinces;

b) Setting up information system and database of natural resources and environment of sea and islands by integrating with information systems and database of natural resources and environment of sea and islands of ministries/regulatory authorities and People’s Committees of coastal provinces;

c) Provide information and data about natural resources and environment of sea and islands at the requests of ministries/regulatory authorities and People’s Committees of coastal provinces in accordance with the laws.

2. Ministries/ regulatory authorities and local governments shall discharge the following duties:

a) Coordinate with Ministry of Natural Resources and Environment in setting up system for monitoring and supervising natural resources and environment of sea and islands, and information system and database of natural resources and environment of sea and islands;

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c) Provide information and data about natural resources and environment of sea and islands of sectors and fields under their management in terms of information systems and database of natural resources and environment of sea and islands in accordance with the laws.

Article 66. Coordination in sea and island environmental pollution control, and coping with spill of oil and toxic chemicals at sea

1. Ministry of Natural Resources and Environment shall take charge of:

a) Carrying out the study, investigation and assessment of environmental pollution, determining causes of sea and island environmental pollution, mapping to divide zones facing sea and island environmental pollution risks in the whole country; investigating and evaluating the environment's maximal load at sea areas and islands facing high or very high risks of environmental pollution; announcing sea areas and islands which are unable to receive waste; publishing information about the environment of sea and islands in accordance with the laws;

b) Monitoring and warning against environmental emergencies and disasters at sea and on islands; formulating strategies and action plans in corresponding to the raised level of sea water; coordinating with relevant ministries, regulatory authorities, agencies and governments of coastal regions to take actions against the spill of oil and toxic chemicals at sea, and environmental emergencies and disasters at sea and on islands;

c) Providing information obtained from the system for monitoring and supervising natural resources and environment of sea and islands in terms of environmental quality, environmental pollution and warnings about disasters at sea and on islands to ministries, regulatory authorities and governments of coastal provinces in order to serve prevention and control of pollution, and response to the spill of oil and toxic chemicals at sea, and environmental emergencies and disasters at sea and on islands;

d) Inspecting and supervising the implementation of regulations on waste management and control of environmental pollution at sea and on islands;

dd) Instructing People’s Committees of coastal provinces to implement regulations on waste management and control of environmental pollution at sea and on islands;

e) Submitting annual reports to the Prime Minister on the protection of environment of sea and islands, the implementation of programs/plans for prevention and control of pollution at sea and on islands, and response to the spill of oil and toxic chemicals at sea, and environmental emergencies and disasters at sea and on islands.

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a) Provide information and data about monitoring/assessment results of environmental pollution at sea and on islands, current water quality, sediments of ecosystems and the biodiversity of sea and islands; the waste management and control of environmental pollution of sea and islands in sectors and fields under their management; response to environmental emergencies and disasters at sea and on islands in the fields as referred to in Clauses 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Article;

b) Coordinate with Ministry of Natural Resources and Environment to investigate into and assess the pollution status and determine causes of the marine and island environmental pollution;

c) Instruct specialized forces to inspect the compliance with regulations on waste management and control of environmental pollution at sea and on islands; response to the spill of oil and toxic chemicals at sea, and environmental emergencies and disasters at sea and on islands;

d) Submit annual reports on the implementation of programs/plans for prevention and control of pollution at sea and on islands, response to the spill of oil and toxic chemicals at sea, and environmental emergencies and disasters at sea and on islands, and protection of environment of sea and islands under their management to Ministry of Natural Resources and Environment in accordance with the laws.

3. Ministry of Agriculture and Rural Development provides information and data about the extraction, aquaculture and catching of aquatic products, fishing ports and vessel anchoring areas.

4. Ministry of Transport provides information and data about operations of sea ports, navigable channels, anchoring areas and shipbuilding facilities.

5. Ministry of Industry and Trade provides information and data about chemical operations, the exploration, extraction and transport of oil and gas.

6. Ministry of Planning and Investment provides information and data about coastal economic zones.

7. Ministry of Construction provides information and data about urban areas and structures in coastal zones and on islands.

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9. Ministry of National Defence provides information about the waste management and control of the sea and island environmental pollution; instructs its affiliates to improve the control of the sea and island environmental pollution; mobilizes natural resources to respond and take actions against the spill of oil or toxic chemicals at sea, and environmental emergencies and disasters at sea and on islands.

10. Ministry of Public Security provides information about crimes and violations against regulations on the waste management and control of the sea and island environmental pollution; instructs its affiliates to improve the control of the sea and island environmental pollution; mobilizes natural resources to respond and take actions against the spill of oil or toxic chemicals at sea, and environmental emergencies and disasters at sea and on islands.

11. Ministry of Foreign Affairs mobilizes the international assistance to cope with the spill of oil and toxic chemicals at sea, and environmental emergencies and disasters at sea and on islands.

12. The National Committee for Search & Rescue provides information and data about the response to the spill of oil and toxic chemicals at sea and on islands; instructs specialized forces within its competence to take actions against the spill of oil and toxic chemicals at sea, and environmental emergencies and disasters at sea and on islands.

13. People’s Committees of coastal provinces have the following duties:

a) Provide sea and island monitoring and supervising data in their provinces to Ministry of Natural Resources and Environment;

b) Coordinate with Ministry of Natural Resources and Environment to study, investigate and/or assess the pollution status and determine causes of the marine and island environmental pollution; mapping to divide zones facing environmental pollution risks at sea and on islands under their management;

c) Formulate, instruct and organize the implementation of plans and/or measures for preventing, controlling and taking actions against marine and island environmental pollution and degradation in accordance with the laws;

d) Coordinate with Ministry of Natural Resources and Environment and relevant ministries/regulatory authorities in mobilizing natural resources to prevent and cope with the spill of oil and toxic chemicals at sea, and environmental emergencies and disasters at sea and on islands, compensating for damages and taking actions against marine and island environmental pollution in accordance with the laws;

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Article 67. Coordination in propagating marine and island information; disseminating and educating laws on integrated management of natural resources and environment of sea and islands

1. Ministry of Natural Resources and Environment shall take charge of:

a) Establishing and organizing the execution of programs and plans for marine and island information propagation, and dissemination and education of laws on integrated management of natural resources and environment of sea and islands; for sustainable extraction and use of natural resources and protection of environment of sea and islands; prevention, control and response to disasters, and marine and island environment emergencies;

b) Assisting, exchanging and providing information and documents to ministries, regulatory authorities and People’s Committees of coastal provinces in service of the propagation for raising awareness of entities in terms of sustainable extraction and use of natural resources and protection of environment of sea and islands; prevention, control and response to disasters, and marine and island environment emergencies;

c) Coordinating with ministries, regulatory authorities and People’s Committees of coastal provinces in formulating plans and organizing “Vietnam Seas and Islands Week” events;

d) Coordinating with the Vietnamese Fatherland Front in propagating and disseminating policies and laws on natural resources and environment of sea and islands; supervising the implementation of the law on natural resources and environment of sea and islands.

2. Ministries and regulatory authorities shall discharge the following duties:

a) Ministry of Justice coordinates with Ministry of Natural Resources and Environment to set up the national database of laws on the management of natural resources and environment of sea and islands; establish long-term and medium-term programs and plans for dissemination and education of laws at seas and islands;

b) Ministry of Information and Communications shall preside over and coordinate with Ministry of Natural Resources and Environment in instructing press agencies to arrange the volume of propagated information about seas and islands, disseminate policies and laws on integrated management of natural resources and environment of sea and islands;

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d) Vietnam Television and the Voice of Vietnam shall be responsible for arranging broadcasting volume and news/articles/columns for propagating marine and island contents, and disseminating policies and laws on integrated management of natural resources and environment of sea and islands, and “Vietnam Seas and Islands Week” events when appropriate;

dd) Ministries and regulatory authorities shall be responsible for responding to “Vietnam Seas and Islands Week” events and other activities in connection with seas and islands; instructing press agencies and subordinate specialized agencies to organize the propagation of seas and islands, and disseminate and educate laws on integrated management of natural resources and environment of sea and islands within their competence.

3. People’s Committees of coastal provinces have the following duties:

a) Take charge and coordinate with Ministry of Natural Resources and Environment in propagating marine and island contents, disseminating and educating laws on integrated management of natural resources and environment of sea and islands;

b) Instruct local media and press agencies to arrange broadcasting volume and news/articles/columns for propagating marine and island contents, and disseminating policies and laws on integrated management of natural resources and environment of sea and islands, “Vietnam Seas and Islands Week” events when appropriate;

c) The governments of coastal provinces where “Vietnam Seas and Islands Week” events are organized shall coordinate with Ministry of Natural Resources and Environment to establish programs/plans for organizing “Vietnam Seas and Islands Week” events; arrange locations and resources for organizing such events and ensuring security and public order during the Vietnam Seas and Islands Week.

Article 68. International cooperation in integrated management of natural resources and environment of sea and islands

1. Ministry of Natural Resources and Environment shall discharge the following duties:

a) Establish and organize the implementation of international cooperation programs and plans for integrated management of natural resources and environment of sea and islands, application of science and technologies to investigation and study about marine and island issues, exploration of marine natural resources and development of marine science and technology, and development and improvement of information technology systems and database about natural resources and environment of sea and islands;

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2. Ministries and regulatory authorities shall send annual reports on results of the international cooperation in integrated management of natural resources and environment of sea and islands to Ministry of Natural Resources and Environment.

3. Ministry of Foreign Affairs shall coordinate with ministries, regulatory authorities and local governments in promoting and improving international cooperation activities in terms of integrated management of natural resources and environment of sea and islands.

4. People’s Committees of coastal provinces shall be responsible for submitting annual reports on international cooperation activities in integrated management of natural resources and environment of sea and islands in their provinces to Ministry of Natural Resources and Environment in accordance with the laws.

Chapter X

IMPLEMENTATION

Article 69. Transitional clause

From the effective date of this Decree, projects/schemes/tasks in the master plan for baseline survey and management of marine natural resources and environment by 2010 with a vision by 2020, which is enclosed to Decision No. 47/2006/QD-TTg dated March 01, 2006 of the Prime Minister shall be subject to the following provisions:

1. Projects/schemes/tasks which have been approved by competent authorities before the effective date of this Decree shall be executed in conformity with approved decisions.

2. Projects/schemes/tasks which are yet to be approved by competent authorities before the effective date of this Decree shall be included in the key program for baseline surveys into natural resources and environment of sea and islands provided that they are conformable with regulations in Clause 2 Article 13 of the Law on natural resources and environment of sea and islands.

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1. This Decree takes effect from July 01, 2016.

2. The Government's Decree No. 25/2009/ND-CP dated March 06, 2009 on integrated management of natural resources and environment of sea and islands and Decision No. 23/2013/QD-TTg dated April 26, 2013 of the Prime Minister promulgating regulations on cooperation for integrated management of natural resources and environment of sea and islands shall cease to have effect from the effective date of this Decree.

Article 71. Implementation

1. Minister of Natural Resources and Environment shall inspect the implementation of this Decree, organize review of strategies, programs and plans for integrated management of natural resources and environment of sea and islands which have been approved before July 01, 2016, and request competent authorities to make appropriate amendments or abrogation in order to ensure their compliance with regulations of the Law on natural resources and environment of sea and islands, and this Decree.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People's Committees of coastal provinces or central-affiliated cities shall be responsible for implementing this Decree./.

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Xuan Phuc

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