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

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

DECREE

DETAILING THE IMPLEMENTATION OF CERTAIN ARTICLES OF THE LAW ON 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 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 provide details for the implementation of certain articles of the Law on resources and environment of sea and islands.

Chapter I

GENERAL PROVISIONS

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This Decree provides for details of 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 Resources and environment of sea and islands, including the following issues:

1. Establishment, appraisal, approval and implementation of the strategy for sustainable extraction and use of resources and protection of environment of sea and islands.

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

3. The key program for fundamental investigation into resources and environment of sea and islands.

4. Coastal protection corridor; limitations on activities within the coastal protection corridor.

5. Classification of islands.

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

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

8. The coordination between ministries, regulatory bodies and local governments in general management of resources and protection of environment of sea and islands.

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

Chapeter II

ESTABLISHMENT, APPRAISAL, APPROVAL AND IMPLEMENTATION OF THE STRATEGY FOR SUSTAINBALE EXTRACTION AND USE OF RESOURCES AND PROTECTION OF ENVIRONMENT OF SEA AND ISLANDS

Article 3. Establishment of the strategy

1. Ministry of Resources and Environment shall be responsible for formulating strategic outlines and collecting suggestions about such strategic outlines from relevant ministries/regulatory bodies 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 strategic vision;

d) Orientations and main contents of the strategy.

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Article 4. Collecting suggestions about the draft strategy

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

a) Send the draft strategy, enclosed with written explanation about the draft strategy and the draft of the request for approval for the strategy to collect suggestions from ministries, ministerial-level agencies, affiliates of the Government and people’s committees of coastal provinces;

b) Publish the full text of the draft of the request for approval for the strategy, the draft strategy and written explanation about the draft strategy on the portals of the Government, Ministry of Resources and Environment and people’s committees of coastal provinces.

2. Agencies that are asked for suggestions about the draft strategy shall respond in writing within 30 days from the receipt of the written request for giving suggestion from the strategy establishing agency.

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

3. Ministry of Resources and Environment shall accept/explain about suggestions given by agencies, entities and residential communities. The report on the summation of accepted/explained suggestions on the portals of the Government, Ministry of Resources and Environment and people’s committees of coastal provinces.

Article 5. Appraisal of the strategy

1. Documents about the appraisal consist of:

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b) The draft of the request for approval for the strategy;

c) The draft strategy and written explanation about that draft strategy;

d) Report on the verification results of the report on the strategic environmental assessment in accordance with the law;

dd) The report on the summation of accepted/explained suggestions given by relevant agencies, entities and residential communities.

2. The following contents shall be appraised:

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 on general management of 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 Resources and Environment. The appraisal council is comprised of 01 Chairperson who is a leading official of Ministry of Resources and Environment, 01 Deputy Chairperson, 02 assessors, 01 secretary and other members who are representatives of relevant ministries/regulatory bodies and specialists and/or scientists.

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Article 6. Approval for and announcement of the strategy

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

2. Documents about the strategy submitted to the Government for approval consist of:

a) The request for approval for the strategy;

b) The draft strategy and written explanation about that draft strategy;

c) Report on the appraisal results of the strategy;

d) Report on the verification results of the report on the strategic environmental assessment in accordance with the law;

dd) The report on the summation of accepted/explained suggestions given the appraisal council and 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 the strategy

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

2. Ministries, ministerial-level agencies and people’s committees of coastal provinces shall be responsible for checking and requesting for adjustments or supplements to strategies of regulatory bodies/local governments in terms of contents relating to the extraction and use of resources and environmental protection in conformity with the strategy for sustainable extraction and use of resources and protection of environment of sea and islands.

3. Every 05 years, Ministry of Resources and Environment shall be responsible for evaluating the implementation of the strategy and, where necessary, requesting the Government to make adjustments to the strategy in corresponding to requirements on social and economic development.

Chapeter III

COASTAL ZONES; ESTABLISHMENT, APPRAISAL, APPROVAL AND ADJUSTMENT OF THE MASTER PLANNING FOR SUSTAINABLE EXTRACTION AND USE OF RESOURCES IN COASTAL ZONE; ESTABLISHMENT, APPRAISAL, APPROVAL AND ADJUSTMENT OF THE PROGRAM FOR GENERAL MANAGEMENT OF RESOURCES IN COASTAL ZONES

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

Article 8. Coastal zones

1. The coastal zone means the coastal waters and coastland.

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

Article 9. Establishment of the master planning for sustainable extraction and use of resources in coastal zones

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

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 suggestions given by the agencies mentioned in Clause 1 of this Article, Ministry of Resources and Environment shall draw up the draft of the planning and collect suggestions 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 suggestions about the master planning for sustainable extraction and use of resources in coastal zones

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

Article 11. Appraisal and approval for the planning

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

2. Documents about the planning to be submitted to the Government for approval consist of:

a) The request for approval for the planning;

b) The draft planning and written explanation about the draft planning;

c) Report on the appraisal results of the planning;

d) Report on the verification results of the report on the strategic environmental assessment in accordance with the law;

dd) The report on the summation of accepted/explained suggestions given by relevant agencies, entities and residential communities;

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Article 12. Adjusted planning

Procedures for establishment, appraisal and approval for the adjusted planning shall be the same with those for the planning as referred to in this Decree.

Section 2. ESTABLISHMENT, APPRAISAL, APPROVAL AND ADJUSTMENT OF THE PROGRAM FOR GENERAL MANAGEMENT OF RESOURCES IN COASTAL ZONES

Article 13. Period of the program for general management of resources in coastal zones

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

Article 14. Establishment of the program for general management of resources in coastal zones

1. Ministry of Resources and Environment shall be responsible for formulating the outlines of the program for general management of resources in coastal zones within the interprovincial scope and collecting suggestions about the program's outlines from relevant ministries/regulatory bodies 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 general management of resources in coastal zones within the scope of that province or central-affiliated city and asking for advice from Ministry of Resources and Environment, and relevant ministries/regulatory bodies.

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

...

b) Principles and grounds for establishing 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 general management;

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

4. Based on the suggestions given by the agencies about the program’s outlines, the program establishing agency shall draw up the draft program and collect suggestions about the draft program from relevant agencies, residential communities and entities.

Article 15. Collecting suggestions about the program for general management of resources in coastal zones

1. With regard to a program with an interprovincial scope, the program establishing agency shall send the draft program, enclosed with the written explanation about the draft program, to collect suggestions from relevant ministries/regulatory bodies and people’s committees of coastal provinces. With regard to a program with the scope of a province or central-affiliated city, the program establishing agency shall send the draft program, enclosed with the written explaination about the draft program, to collect suggestions from relevant ministries/regulatory bodies.

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

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4. The program establishing agency shall make the report on the summation of accepted/explained suggestions given by relevant agencies, entities and residential communities, and publish it on the portals of the Government, Ministry of Resources and Environment and people’s committees of coastal provinces.

Article 16. Appraisal of the program for general management of resources in coastal zones

1. Appraisal documents consist of:

a) The written request for appraisal of the program;

b) The draft program and written explanation about the draft program;

c) The report on the summation of accepted/explained suggestions given by relevant agencies, entities and residential communities.

2. Program's contents subject to the appraisal include:

a) The sufficiency in terms of form and contents of appraisal documents;

b) The conformity of the coastal zone where the program for general management is established with regulations in Clause 2 Article 34 of the Law on 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) Minister of Resources and Environment shall establish the appraisal council in charge of appraising the program for general management of resources in coastal zones with the interprovincial scope, which is comprised of 01 Chairperson who is a leading official of Ministry of Resources and Environment, 01 Deputy Chairperson, 02 assessors, 01 secrectary and other members who are representatives of relevant ministries/regulatory bodies/people’s committees of coastal provinces and specialists and/or scientists;

b) The appraisal council in charge of appraising the program for general management of resources in coastal zones with the scope of a province or central-affiliated city shall be established by the people’s committee of coastal province. The appraisal council shall be comprised of 01 Chairperson who is a leading official of the people’s committee of coastal province, 01 Deputy Chairperson, 02 assessors, 01 secrectary and other members who are representatives of relevant district-level departments/boards/regulatory bodies/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 the report on appraisal results to the program establishing agency in order to perfect the draft program.

Article 17. Approval for the program for general management of resources in coastal zones

1. The program's documents submitted for approval consist of:

a) The written request for approval for the program;

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c) Report on the appraisal results of the program;

d) The report on the summation of accepted/explained suggestions about the draft program given the appraisal council and by relevant agencies, entities and residential communities;

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

2. Power to approve/amend the program

a) Prime Minister shall approve/amend programs for general management of resources in coastal zones with the interprovincial scope;

b) People’s committees of coastal provinces shall approve/amend programs for general management of resources in coastal zones under their management upon the receipt of written opinions from Ministry of Resources and Environment. Within 05 working days from the approval, People’s committees of coastal provinces must send Decisions on approval for program to Ministry of Resources and Environment for monitoring and checking.

Article 18. Assessment of result of the program for general management of resources in coastal zones

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

2. The assessment includes the following contents:

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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 general management of resources in coastal zones on socioeconomics, national defense, security, and resources and environment of coastal zones;

d) Contents to be adjusted or developed in the next program for general management of resources in coastal zones.

Article 19. Adjustment of the program for general management of resources in coastal zones

1. A program for general management of resources in coastal zones shall be adjusted when any of the grounds for establishing that program for general management of resources in coastal zones mentioned in Clause 2 Article 35 of the Law on resources and environment of sea and islands changes, resulting in the change of the approved program’s objectives and contents.

2. When amending 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 establishment, appraisal and approval for the adjusted program shall be the same with those for a program regulated in this Decree.

Chapeter IV

KEY PROGRAM FOR FUNDAMENTAL INVESTIGATION INTO RESOURCES AND ENVIRONMENT OF SEA AND ISLANDS

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1. Principles for establishing the key program

a) The conformity of the key program with the strategy for sustainbale extraction and use of resources and protection of environment of sea and islands;

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

c) Ensure the feasibility and conformity with the government’s resources for carrying out the fundamental investigation.

2. Grounds for establishing the key program

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

b) Requirements on general management of resources and protection of environment of sea and islands;

c) Potentiality of marine and island resources; demands for fundamental investigation, extraction and use of resources and protection of environment of sea and islands;

d) Requirements on environmental protection and impacts of the climate change and the sea level rise on resources and environment of sea and islands;

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Article 21. Requirements on the program

The key program for fundamental investigation into resources and environment of sea and islands must meet the following requirements:

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

2. Follow information and data inherited from the fundamental investigation and/or scientific research which have/has been conducted in regions where this investigation will be conducted; the fundamental investigation into 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 fundamental investigation into resources and environment of sea and islands according to investigated subjects and regions in conformity with the government’s provision of resources in each stage.

4. Promote managerial capability of resources and environment of sea and islands; gradually improve facilities and equipment to serve the fundamental investigation.

Article 22. Steps for establishing the key program

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

2. Summarize and check the proposed projects, schemes and tasks, and draw out the draft of the key program.

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4. Request for approval for the key program.

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

1. Ministries, ministerial-level agencies, affiliates of the Government, people’s committees of coastal provinces shall propose projects, schemes and tasks to put into the key program for fundamental investigation into resources and environment of sea and islands as regulated by Ministry of Resources and Environment.

2. Ministries, ministerial-level agencies, affailiates of the Government, people’s committees of coastal provinces shall, on the basis of sectoral/local requirements on the fundamental investigation into resources and environment of sea and islands as regulated in Clause 2 Article 13 of the Law on resources and environment of sea and islands, submit the written proposals of projects, schemes and tasks, enclosed with the list and preliminary outlines of projects, schemes and tasks proposed to put into the key program. The list and outlines of projects, schemes and tasks shall be made by using Form No. 01 and Form No. 02 stated in the Annex herein.

Article 24. Summarizing and checking proposed projects, schemes and tasks, and drawing out the draft of the key program

1. Ministry of Resources and Environment shall summarize and check projects, schemes and tasks proposed to 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 summarized results, Ministry of Resources and Environment shall draw up the draft of key program for fundamental investigation into 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, resources, estimated expenditures and implementation progress of the key program;

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

e) Implementation organization of the key program.

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

1. Ministry of Resources and Environment shall send the draft of the key program, enclosed with written explanation about the draft, 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 for collecting suggestions about the draft of the key program.

2. Ministry of Resources and Environment shall summarize, examine, explain and accept suggestions given by ministries listed in Clause 1 of this Article to perfect the draft of the key program.

Article 26. Approval for the program

1. Ministry of Resources and Environment shall submit a written request to Prime Minister for approval for the key program.

2. Documents submitted to Prime Minister for approval for the key program consist of:

...

b) The draft of the key program and the written explanation about the draft;

c) The report on the summation of accepted/explained suggestions given by ministries;

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

Article 27. Establishment, approval and adjustment of projects, schemes and tasks in the key program; Adjustment of the key program

1. Ministries, ministerial-level agencies, affailiates of the Government, people’s committees of coastal provinces shall base on the key program for fundamental investigation into resources and environment of sea and islands approved by Prime Minister to establish, approve and execute the assigned projects, schemes and tasks in the key program in accordance with the laws and regulations in this Decree.

2. Ministries, ministerial-level agencies, affailiates of the Government, people’s committees of coastal provinces shall establish projects/schemes/tasks; collect opinions of Ministry of Planning and Investment, Ministry of Finance and relevant ministries/regulatory bodies; summarize and explain about suggestions given by relevant ministries/regulatory bodies in order to perfect such projects/schemes/tasks.

Projects/schemes/tasks in the key program must be sent for taking opinion of Ministry of Resources and Environment before they are approved; they must be sent to Ministry of Resources and Environment for summation and management after they are approved.

3. During the execution of approved projects/schemes/tasks, if projects/schemes/tasks must be adjusted because of objective reasons or coastal risks. That adjustment shall comply with the following regulations:

a) If adjusted contents of projects/schemes/tasks does not cause change of objectives and products of projects/schemes/tasks, agencies, agencies approving such projects/schemes/tasks shall decide the approval for adjustments and send adjusted documents to Ministry of Resources and Environment.

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4. Adjustments of the key program for fundamental investigation into resources and environment of sea and islands

a) The key program for fundamental investigation into resources and environment of sea and islands shall be adjusted when any of the grounds for establishing the key program mentioned in Clause 2 Article 20 of the Law on resources and environment of sea and islands changes, resulting in the change of the approved key program’s objectives, scope and contents, or at unforeseen request to serve socioeconomic development and protection of national defence and security;

b) Procedures for establishment and approval for the adjusted key program shall be the same with those for the key program regulated in this Decree.

Article 28. Implementation organization of the key program

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

a) Organize and inspect the implementation of the key program for fundamental investigation into resources and environment of sea and islands;

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

2. Ministry of Finance shall preside over and coordinate with Ministry of Planning and Investment and Ministry of Resources and Environment in guiding the management and use of state funds for implementation of projects, schemes and duties in the key program for fundamental investigation into resources and environment of sea and islands.

3. Ministries, ministerial-level, affiliates of the Government, and people’s committee of coastal provinces have the following duties:

...

b) Annually, send reports on the implementation of assigned projects/schemes/duties to Ministry of Resources and Environment in order to summarize and report to the Prime Minister;

c) Coordinate with Ministry of Resources and Environment in organizing and inspecting the implementation of the key program for fundamental investigation into resources and environment of sea and islands.

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

1. Results of projects/schemes/duties in the key program for fundamental investigation into resources and environment of sea and islands must be retained and presented in accordance with the laws.

2. Within 30 working days from the date on which a project/scheme/task is accepted, the entity in charge of implementing that project/scheme/task must send the following documents to Ministry of Resources and Environment:

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

b) A hardcopy and a soft copy of the report on summation and/or results of the project/scheme/task and enclosed maps and/or documents.

Article 30. Assessment of result of the key program for fundamental investigation into resources and environment of sea and islands

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

...

a) The implementation process of the key program;

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

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

d) Contents to be adjusted or developed in the next key program for fundamental investigation into resources and environment of sea and islands.

Chapeter V

COASTAL PROTECTION CORRIDOR, LIMITATIONS ON ACTIVITIES WITHIN COASTAL PROTECTION CORRIDOR

Article 31. List of coastal areas where the coastal protection corridor must be established

1. People’s committees of coastal provinces shall base on the principles for establishing coastal protection corridor provided for in Clause 2 Article 23 of the Law on resources and environment of sea and islands, and guidelines by Ministry of Resources and Environment to make the list of coastal areas where the coastal protection corridor must be established. Departments of Resources and Environment shall assist People’s committees of coastal provinces in making the list of coastal areas where the coastal protection corridor must be estbalished.

2. The list of coastal areas where the coastal protection corridor must be established shall be made according to the following sequence:

...

b) Determine the coastal areas where the coastal protection corridor must be established;

c) Collect suggestions from relevant agencies, entities and residential communities about the draft of the list of coastal areas where the coastal protection corridor must be established;

d) Request for approval for the list of coastal areas where the coastal protection corridor must be established.

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

1. The information collection and summation, and the evaluation of existing conditions of coastal 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 resources and coastal environmental protection.

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

a) Natural conditions, resources and ecosystems;

b) Natural landscape and cultural heritage;

c) Social and economic development plans;

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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 where the coastal protection corridor must be established

1. Coastal areas where the coastal protection corridor must be established must be established and recorded in the list.

2. The following contents are included in the draft of the list of coastal areas where the coastal protection corridor must be established:

a) The list of coastal areas where the coastal protection corridor must be established;

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

c) Coordinates of two limit points of the coastal area where the coastal protection corridor must be established in the mean high water line (MHWL);

...

Article 34. Collection of suggestions from relevant agencies, entities and residential communities about the draft of the list of coastal areas where the coastal protection corridor must be established

1. The draft of the list of coastal areas where the coastal protection corridor must be established requires relevant agencies, entities and residential communities’ suggestions which may be obtained by holding conferences, taking written suggestions, asking directly, or publishing the draft on the portals of Departments of Resources and Environment and people’s committees of coastal provinces. Period for publishing the draft list on portals for collecting suggestions must be at least 45 days.

2. The draft of the list of coastal areas where the coastal protection corridor must be established shall be perfected on the basis of suggestions given by relevant agencies, entities and residential communities as prescribed in Clause 1 of this Article. The acceptance and/or explanation about collected suggestions must be published on the portals of Departments of Resources and Environment and people’s committees of coastal provinces.

3. People’s committees of coastal provinces must ask for advice of Ministry of Resources and Environment about the draft list of coastal areas where the coastal protection corridor must be established before giving approval for that list.

Article 35. Approval for the list of coastal areas where the coastal protection corridor must be established

1. People’s committees of coastal provinces give approval for the list of coastal areas where the coastal protection corridor must be established.

2. Departments of Natural Resoruces and Environment shall send written request to People’s committees of coastal provinces to give approval for the list of coastal areas where the coastal protection corridor must be established. A written request for approval must consist of the following documents:

a) The written request for approval for the list of coastal areas where the coastal protection corridor must be established;

b) The draft of Decision on approval for the list of coastal areas where the coastal protection corridor must be established;

...

d) Written suggestions and/or written summation of suggestions given by relevant agencies, entities and residential communities.

Article 36. Determination of the 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 the mean high water line (MHWL) is determined, Ministry of 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 particular values of tides within coastal area of Vietnam, which are announced by Ministry of Resources and Environment as referred to in Clause 1 of this Article, each of people’s committees of coastal provinces shall take charge of determining and announcing the mean high water line (MHWL) within the coastal area in that province as regulated by Ministry of Resources and Environment.

Article 37. Breadth and boundaries of coastal protection corridor

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

2. The breadth of the coastal protection corridor on a typical section refers to the largest distance from the mean high water line (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 protection corridor as provided for in Clause 1 Article 23 of the Law on 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;

...

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

If the largest distance from the mean high water line (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 prodtection corridor is established, the breadth of the coastal protection corridor at that section shall be equal to that natural width.

3. Coastal protection corridor boundaries

The outermost boundary of the coastal protection corridor is the mean high water line (MHWL); the innermost boundary of the coastal protection corridor 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 protection corridor as referred to in Clause 1 and Clause 2 of this Article.

Article 38. Collection of suggestions and approval for boundaries of coastal protection corridor

1. Relevant agencies, entities and residential communities must be asked for suggestions about boundaries of coastal protection corridor as prescribed in Clause 34 of this Article before the approval. The acceptance and/or explaination about collected suggestions must be published on the portals of Departments of Resources and Environment and people’s committees of coastal provinces.

2. People’s committees of coastal provinces give approval for the boundaries of coastal protection corridor. Departments of Resources and Environment shall request people’s committees of coastal provinces to give approval for the boundaries of coastal protection corridor. The approval requires the following documents:

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

b) The draft of decision on approval for the boundaries of coastal protection corridor;

...

d) The report on accepted/explained suggestions given by relevant agencies, entities and residential communities about the boundaries of coastal protection corridor;

dd) Written suggestions and/or written summation of suggestions given by relevant agencies, entities and residential communities.

Article 39. Announcement and setting up boundary markers of coastal protection corridor

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

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

Article 40. Adjustment of boundaries of coastal protection corridor

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

a) There is a significant change of the mean high water line (MHWL) at the coastal area where the coastal corridor must be established;

b) Upon irregular request for national defence and security;

...

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

Article 41. Limitations on activities within coastal protection corridor

1. The 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. The land reclamation and the exploration of minerals, and oil and gas shall be conducted upon the approval given by Prime Minister.

3. The renovation of a constructed work shall be executed provided that it shall make no change of using purpose, structure, depth or height of that constructed work or that renovation shall make positive effect on the maintenance and protection of coastal protection corridor.

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

5. Apart from the limitations prescribed above, activities mentioned in Clauses 1, 2, 3 and 4 of this Article are only executed upon the approval by regulatory bodies in accordance with specialized laws.

Article 42. Responsibilities of ministries and ministerial-level agencies for the establishment, management and protection of coastal protection corridors

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

...

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

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

2. Ministries and ministerial-level agencies shall, within the ambit of assigned functions, tasks and powers, coordinate with Ministry of Resources and Environment and people’s committees of coastal provinces in establishing, managing and protecting coastal protection corridors.

Article 43. Responsibilities of people’s committees of all levels for the establishment, management and protection of coastal protection corridors

1. Each people’s committee of coastal province shall have the following responsibilities:

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

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

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

2. Each people’s committee of coastal urban (suburban) district/ provincial-affiliated city/ equivalent administrative division shall have the following responsibilities:

...

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

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

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

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

3. Each people’s committee of coastal commune/ward/town shall have the following responsibilities:

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

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

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

d) Inspect the compliance with regulations on management and protection of coastal protection corridors 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 whose 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

...

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

2. Apart from archipelagos, islands, low-tide elevations and submerged atolls prescribed in Clause 1 Article 44 of this Decree, the others are archipelagos, islands, low-tide elevations and submerged atolls whose resources are exploited and used.

Article 46. Making and approval for the list of classified islands

1. Ministry of Resources and Environment shall preside over and coordinate with ministries, ministerial-level agencies and people’s committees of coastal provinces to make and submit the list of classified islands to the Prime Minister for approval.

2. Relevant ministries, ministerial-level agencies and people’s committees of coastal provinces must be asked for opinions about the draft of the list of classified islands before it is submitted to the Prime Minister for approval.

3. The following documents must be submitted to Prime Minister for approval for the list of classified islands:

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

b) The draft of the list of classified islands and written explanation about that draft;

c) Written suggestions of agencies defined in Clause 2 of this Article, enclosed with written summation and explanation about those suggestions;

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Chapeter VII

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

Article 47. Areas where activities are restricted

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.

...

3. Announcement of restricted areas

a) The 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) The 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) The announcement of restricted area is expressed in Vietnamese and English;

d) The announcement of areas with restricted activities must include the times when it takes effect and is invalid.

Chapeter VIII

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

...

b) The sea dumping plan must be set up in compliance with regulations in Clause 4 Article 57 of the Law on resources and environment of sea and islands;

c) The sea area which is used for dumping must be in conformity with the sea use planning and/or the master plan for sustainable extraction and use of coastal resources approved by competent authorities.

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

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

3. The dumping in sea areas where marine resources are legally exploited and used, prohibited zones, areas of suspension of innocent passage and restricted areas are not permitted.

Article 50. Extension of sea dumping permit

1. A sea dumping permit is extended if the permitted period is not enough to finish the permitted dumping and the involved entity applies for an extension for dumping.

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

a) Permit is still effective for at least 60 more days;

...

c) Up to the time when the application for extension of sea dumping permit is submitted, the applicant has performed obligations prescribed in Clause 2 Article 61 of the Law on sea and island resources and environment.

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

Article 51. Adjustment of sea dumping permit

1. A sea dumping permit shall 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. The adjustment of a sea dumping permit is approved if all of the following conditions are satisfied:

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

b) Dumping activities are carried out consistently with contents specified in the sea dumping permit; all financial obligations are fulfilled in accordance with the laws;

...

3. If the application is approved, an adjusted sea dumping permit shall be granted. The effect of the adjusted sea dumping permit shall be the remaining effective period of the old permit.

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 permissible return of sea dumping permit is approved if all of the following conditions are satisfied:

a) The sea dumping permit is still valid;

b) Dumping activities are carried out consistently with contents specified in the sea dumping permit; all financial obligations are fulfilled in accordance with the laws;

c) Up to the time when the application for permissible return of sea dumping permit is submitted, the applicant has fully performed obligations prescribed in Clause 2 Article 61 of the Law on sea and island resources and environment.

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

Article 53. Re-issuance of sea dumping permit

...

2. The sea dumping permit shall be re-issued if all of the following conditions are satisfied:

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

b) Dumping activities are carried out consistently with contents specified in the sea dumping permit; all financial obligations are fulfilled in accordance with the laws;

c) Up to the time when the application for reissuance of sea dumping permit is submitted, the applicant has fully performed the obligations prescribed in Clause 2 Article 61 of the Law on sea and island resources and environment.

3. If the application for reissuance of sea dumping permit is approved, a copy of the issued sea dumping permit shall be granted.

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

1. The application dossiers for issuance of sea dumping permit consists of:

a) The application form for issuance of sea dumping permit using Form No. 04 stated in the Annex herein;

b) The sea dumping plan using Form No. 03 stated in the Annex herein;

...

d) The copy accompanied by the original for comparison or the certified copy of the business registration certificate (if the applicant is an enterprise);

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

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

a) The application form for re-issuance of sea dumping permit in which reasons for re-issuance must be specified using Form No. 05 stated in the Annex herein;

b) The report on situation and result of sea dumping activities, environmental protection and the performance of obligations as referred to by law up to the time when the application for reissuance of sea dumping permit is submitted.

3. The application dossiers for extension of sea dumping permit consist of:

a) The application form for extension of sea dumping permit using Form No. 06 stated in the Annex herein;

b) The issued sea dumping permit;

c) The report on situation and result of sea dumping activities, environmental protection and the performance of obligations as referred to by law up to the time when the application for extension of sea dumping permit is submitted.

...

a) The application form for return of sea dumping permit using Form No. 07 stated in the Annex herein;

b) The issued sea dumping permit;

5. The application dossiers for adjustments to sea dumping permit consist of:

a) The application form for adjustment of sea dumping permit in which reasons for adjustment must be specified using Form No. 08 stated in the Annex herein;

b) The issued sea dumping permit;

d) The copy accompanied by the original for comparison or the certified copy of the environmental impact assessment report approved by competent authority in accordance with regulations of the law on environmental protection if the reason of the application for adjustment of sea dumping permit is change of dumping scale, or boundaries/area of sea area for dumping, or method of sea dumping;

dd) The copy accompanied by the original for comparison or the certified copy of the document proving the change of name of the sea dumping permit holder if the reason of the application for adjustment of sea dumping permit is change of name of the permit holder;

...

Article 55. Receipt and response to the 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 Resources and Environment;

b) Departments of 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 application for issuance/ reissuance/ extension/ adjustment/return of sea dumping permit to be appraised

1. The sufficiency in terms of form and contents of application dossiers.

...

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

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

Article 57. Procedures for issuance/ reissuance/ extension/ adjustment/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 application elements and contents. Within 01 working day from the date on which the valid application is received, the application-receiving authority shall grant an application receipt note giving an appointment to process the application according to Form No. 14 stated in the Annex herein. Within 03 working days from the date on which the application is received, if the application is invalid as referred to by law, the application-receiving authority shall give a written instruction to the application for complete the 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.

...

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

3. The application shall be submitted to competent authorities for settlement according to the following procedures:

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 on which the authority competent to issue sea dumping permit gives the application processing results, the application-receiving authority shall be responsible for informing the applicant of receiving the application processing results and performing relevant obligations as referred to by law and sending sea dumping permit to relevant regulatory bodies.

Article 58. Revocation of sea dumping permit

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

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

...

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

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

dd) The sea dumping permit holder has dissolution or bankruptcy declared as referred to by laws.

2. The revocation of sea dumping permit in cases mentioned in Points a, b and c Clause 1 of this Article shall comply with the following procedures:

a) Within 07 working days from the date on which a competent authority makes a written conclusion that the sea dumping permit holder commits any of violations mentioned in Points a, b and 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 the revocation of sea dumping permit, the competent authority shall consider and make decision on the revocation of sea dumping permit;

c) Within 03 working days from the issued date of decision on the revocation of sea dumping permit by the competent authority, the authority mentioned in Clause 1 Article 55 of this Decree shall send that decision on the revocation of sea dumping permit to the sea dumping permit holder and relevant agencies.

3. The revocation of sea dumping permit in cases mentioned in Points d and dd Clause 1 of this Article shall comply with the following procedures:

a) Within 07 working days from the date on which a competent authority announces that the sea area for dumping is used to serve national defense, security and national interests as referred to by laws or the sea area for dumping is announced as prohibited zone, or from the date on which the sea dumping permit holder has dissolution or bankruptcy declared, 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;

...

4. Decision on the revocation of sea dumping permit shall follow Form No. 13 stated in the Annex herein.

5. Sea dumping permit holders shall be supported or compensated as regulated by laws if their sea dumping permits are revoked in the case mentioned in Point d Clause 1 of this Article.

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 a sea dumping permit is invalidated 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 report to competent authority for verification.

...

Article 60. List of physical matters subject to sea dumping

The following physical matters are subject to sea dumping:

1. Dredged materials.

2. Sewage sludge.

3. Fish wage or material resulting from industrial fish processing operation.

4. Vessels and 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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Chapeter IX

COORDINATION IN GENERAL MANAGEMENT OF RESOURCES AND ENVIRONMENTAL PROTECTION OF SEA AND ISLANDS

Article 61. Coordination purposes

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

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

3. Promote the efficiency of legitimate and thrifty extraction and use of 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 general management of 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 general management of resources and environmental protection of sea and islands, and organizing the implementation of approved programs;

...

2. Ministry of Justice shall discharge the following duties:

a) Take charge and coordinate with Ministry of Natural Resources and Environment in planning programs for formulating legislative documents on general management of 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 general management of resources and environmental protection of sea and islands; monitoring the implementation of laws on general management of 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 resources and environment of sea and islands within the ambit of assigned functions, tasks and powers.

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

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

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

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

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

...

b) Inspect, summarize and submit reports to Ministry of Natural Resources and Environment on the implementation of legislative documents on general management of resources and environmental protection of sea and islands.

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

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

a) Carrying out the investigation and general assessment of natural conditions, social – economic conditions, environment, potentiality of resources, and existing conditions of the extraction and use of 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 resources in coastal zones, sea and islands;

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

c) Formulating, perfecting and submitting the strategy for sustainable extraction and use of 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 resources in coastal zones in the whole country to the Prime Minister for approval;

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

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

...

2. Ministries and regulatory bodies 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 suggestions about drafts of the strategy for sustainable extraction and use of resources and environmental protection of sea and islands, the sea use planning, the master planning for sustainable extraction and use of resources in coastal zones in the whole country and the program for general management of resources in coastal zones with the interprovincial scope;

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

d) Submit annual reports on the implementation of the strategy for sustainable extraction and use of resources and environmental protection of sea and islands, the sea use planning, the master planning for sustainable extraction and use of resources in coastal zones in the whole country and the program for general management of 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 resources.

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

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.

...

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 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 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 protection corridors in their management provinces;

c) Formulating, perfecting and giving approval for programs for general 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 resources and environmental protection of sea and islands, the sea use planning, the master planning for sustainable extraction and use of resources in coastal zones and the program for general management of 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 the fundamental investigation into resources and environment of sea and islands

...

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

b) Construct and manage database for the fundamental investigation into resources and environment of sea and islands;

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

d) Appraise or participate in the appraisal of programs/plans for the fundamental investigation into resources and environment of sea and islands of ministries/regulatory bodies and people’s committees of coastal provinces in accordance with the laws;

dd) Give suggestions about the necessity, subjects, scope and contents of the investigation, feasibility, efficiency of fundamental investigation projects/schemes/tasks which are not in the key program for fundamental investigation of resources and environment of sea and islands, and made, approved and implemented by ministries, ministerial-level agencies, affailiates of the Government, people’s committees of coastal provinces;

e) Coordinate with ministries/regulatory bodies and people’s committees of coastal provinces in monitoring, expediting, inspecting and summarizing the implementation of programs/plans for the fundamental investigation into resources and environment of sea and islands.

2. Ministries and regulatory bodies 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 the fundamental investigation into resources and environment of sea and islands under their management;

...

d) Construct and manage database of results of fundamental investigation into 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 fundamental investigation into 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 fundamental investigation, existing conditions and needs of fundamental investigation 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 fundamental investigation results, management situation, and the necessity of the fundamental investigation into oil and gas, and other types of energy under its management.

5. Ministry of Culture, Sports and Tourism provides information and data about fundamental investigation results, management situation, and the necessity of the fundamental investigation 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 fundamental investigation results, management situation, and the necessity of the fundamental investigation into position resources in order to serve the development of sea ports, navigable channels, anchoring areas and shipbuilding establishments.

7. Ministry of National Defence provides information and data about fundamental investigation results, management situation, and the necessity of the fundamental investigation into marine 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 fundamental investigation into resources and environment of sea and islands; other relevant information and data at the request of Ministry of Natural Resources and Environment.

...

a) Provide information and data about results of fundamental investigation into resources and environment of coastal zones and islands, which are conducted by local government; management situation, and the necessity of the fundamental investigation into resources and environment of coastal zones and islands;

b) Submit annual reports to Ministry of Natural Resources and Environment on the fundamental investigation into 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 resources and environment of sea and islands; setting up information systems and database of 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 resources and environment of sea and islands by connecting with systems for monitoring and supervising resources and environment of sea and islands of ministries/regulatory bodies and people’s committees of coastal provinces;

b) Setting up information system and database of resources and environment of sea and islands by integrating with information systems and database of resources and environment of sea and islands of ministries/regulatory bodies and people’s committees of coastal provinces;

c) Provide information and data about resources and environment of sea and islands at the requests of ministries/regulatory bodies and people’s committees of coastal provinces in accordance with the laws.

2. Ministries/ regulatory bodies 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 resources and environment of sea and islands, and information system and database of resources and environment of sea and islands;

...

c) Provide information and data about resources and environment of sea and islands of regulatory sectors/fields in terms of information systems and database of 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 on the 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 on sea and islands; formulating strategies and action plans in corresponding to the raised level of sea water; coordinating with relevant ministries, regulatory bodies, agencies and governments of coastal regions to take actions against the spill of oil and toxic chemicals on the sea, and environmental emergencies and disasters on sea and islands;

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

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

dd) Instructing people’s committees of coastal provinces to implement regulations on waste management and control of environmental pollution on sea and 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 on sea and islands, and response to the spill of oil and toxic chemicals on the sea, and environmental emergencies and disasters on the sea and islands.

...

a) Provide information and data about monitoring/assessment results of environmental pollution on sea and 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 their regulatory sectors/fields; the response to environmental emergencies and disasters on the sea and 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 and/or 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 on sea and islands; response to the spill of oil and toxic chemicals on the sea, and environmental emergencies and disasters on the sea and islands;

d) Submit annual reports on the implementation of programs/plans for prevention and control of pollution on sea and islands, response to the spill of oil and toxic chemicals on the sea, and environmental emergencies and disasters on the sea and 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 establishments.

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 islands.

...

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 resources to respond and take actions against the spill of oil or toxic chemicals on sea, and environmental emergencies and disasters on sea and 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 resources to respond and take actions agaisnt the spill of oil or toxic chemicals on sea, and environmental emergencies and disasters on sea and islands.

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

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

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

a) Provide sea and island monitoring and supervising data in regulatory 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 on sea and 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 bodies in mobilizing resources to prevent and cope with the spill of oil and toxic chemicals on the sea, and environmental emergencies and disasters on sea and islands, compensating for damages and taking actions against marine and island environmental pollution in accordance with the laws;

...

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

1. Ministry of Natural Resoruces 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 general management of resources and environment of sea and islands; for sustainable extraction and use of 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 bodies 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 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 bodies and people’s committees of coastal provinces in formulating plans and organizing events of the Viet Nam Seas and Islands Week;

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

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

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

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

...

d) The 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 general management of resources and environment of sea and islands, and events of Viet Nam Seas and Islands Week at appropriate period;

dd) Ministries and regulatory bodies shall be responsible for responding to events of the Viet Nam Seas and Islands Week 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 general management of 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 Resources and Environment in propagating marine and island contents, disseminating and educating laws on general management of 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 general management of resources and environment of sea and islands, and events of Viet Nam Seas and Islands Week at appropriate period;

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

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

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

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

...

2. Annually, ministries and regulatory bodies shall send reports on result of the international cooperation in general management of resources and environment of sea and islands to Ministry of Resources and Environment.

3. Ministry of Foreign Affairs shall coordinate with ministries, regulatory bodies and local governments in promoting and improving international cooperation activities in terms of general management of 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 general management of resources and environment of sea and islands in relevant provinces to Ministry of Resources and Environment in accordance with the laws.

Chapeter X

IMPLEMENTATION

Article 69. Transitional clause

As of the effective date of this Decree, projects/schemes/tasks in the master plan for fundamental investigation and management of marine resources and environment up to 2010 and the vision to 2020, which is enclosed to Decision No. 47/2006/QD-TTg dated March 01, 2006 of the Prime Minister shall comply with the following guidelines:

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 not approved by competent authorities before the effective date of this Decree shall be put into the key program for fundamental investigation into resources and environment of sea and islands provided that they must be in conformity with regulations in Clause 2 Article 13 of the Law on resources and environment of sea and islands.

...

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

2. The Government's Decree No. 25/2009/ND-CP dated March 06, 2009 on general management of 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 general management of resources and environment of sea and islands shall be null and void as of the effective date of this Decree.

Article 71. Implementation

1. Minister of Resources and Environment shall inspect the implementation of this Decree, monitor strategies, programs and plans for general management of resources and environment of sea and islands which have been approved before July 01, 2016, and request competent authorities to amend or abrogate in conformity with the Law on resources and environment of sea and islands, and this Decree.

2. Ministers, heads of ministerial-level agencies, heads of affiliates of the Government, Chairpersons of people's committees of coastal provinces or central-affiliated coastal cities shall be responsible for implementing this Decree./.

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER

Nguyen Xuan Phuc

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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	Effective Date:	Premium
Gazette dated:	Updating	Gazette number:	Updating
		Effect:	Premium

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Decree No. 40/2016/ND-CP dated May 15, 2016, detailing the implementation of certain articles of the Law on resources and environment of sea and islands

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