Decision No. 742/QD-TTg approving the plan on the system of Viet Nam’s marine conservation zones through 2020

16 OFFICIAL GAZETTE Issue nos 03·04/June 2010 (Gong Bao nos 263-264/June 8, 2010) THE PRIME MINISTER Decision No. 742/QD·TTg of May 26, 2010, approving the Plan on the system of Vietnam's marine conservation zones through 2020 THE PRIME MINISTER Pursuant to the December 25, 2001 Law on Organization of the Government; Pursuant to the November 26,2003 Fisheries Law; At the proposal ofthe Ministry ofAgriculture and Rural Development, DECIDES: Article I. To approve the Plan on the system of vietnam's marine conservation zones through 2020, with the following principal contents: © VIETNAM LAW & LEGAL FORUM Issue nos 03·04lJune 2010 (Gong Baonos 263-2641June 8, 2010) OFFICIAL GAZETTE 17 I. VIEWPOINTS I. To plan the system of marine conservation zones aiming to protect and conserve aquatic resources, protect marine eco-environment, serve the sustainable development of the fisheries sector and importantly contribute to the protection of marine eco-environment. 2. To regard construction and development of marine conservation zones as an urgent and long-term task of all branches and authorities as well as the responsibility and interest of coastal and island communities. 3. To step by step diversify forms of investment to encourage and attract domestic and foreign investors, scientists and international organizations and, at the same time, promote the participation of coastal and island communities so as to ensure sustainable and effective management of marine conservation zones. 1J. OBJECTIVES 1. General objectives To build a system of marine conservation zones aiming to protect ecosystems and marine species of economic and scientific value; contribute to developing the marine economy and improving the livelihood of fishing communities in coastal localities. 2. Specific objectives a/ During 2010-2015: To build and put into commission 16 marine conservation zones. By 2015, at least 0.24% of Vietnam's sea areas will belong to marine conservation zones while about 30% of the area of each zone will be strictly protected. (The list of 16 conservation zones is provided in Appendix I to this Circular). bl During 2016-2020: Tostudy and propose a plan on the expansion of the system of marine conservation zones. To conduct surveys so as to establish and operate some new marine conservation zones. ttt. PLANNING SCOPE AND DURATION I. The system of marine conservation zones will be planned and built in Vietnam's Sea areas and islands. 2. Planning duration: 2010-2020. IV PLANNING TASKS 1. During 2010-20 IS: To finalize the plan on the system of Vietnam's marine conservation zones for submission to the Prime Minister for approval, To elaborate detailed plans and compile dossiers on the establishment and operation of 11 conservation zones for submission to competent authorities. To revise and adjust detailed pians on 5 existing marine conservation zones: Nha Trang bay, Cham islet, Phu Quoc, Con Co and Nui Chua islands. To develop a database of the system of Vietnam's marine conservation zones, To study and promulgate policies and legal documents related to the management of marine conservation zones. To improve the qualification of marine conservation staffs from the central to local levels; to train cadres and communities in localities where exist marine conservation zones in relevant basic knowledge. 2. During 2016-2020: To study, survey and propose a plan on the © VIETNAM LAW & LEGAL FORUM 18 OFFICIAL GAZETTE Issue nos 03·04lJune 2010 (G6ng BaD nos 263-264/June 8, 2010) expansion of the system of Vietnam's marine conservation zones. To elaborate detailed plans and compile dossiers on the establishment and operation of some new conservation zones for submission to competent authorities. To supervise changes in marine resources, bio-diversity and ecosystems in each established marine conservation zone. To develop the model of community-based management under which local communities and domestic and overseas organizations and individuals-jointly establish and manage marine conservation zones, so as to effectively exploit these zones and create a livelihood for local communities while contributing to the protection of the eco-environment. 3. Prioritized projects are specified in Appendix II to this Circular. ¥ PRINCIPAL SOLUTIONS 1. To study and formulate mechanisms and policies to encourage and attract organizationsand individuals,especially localcommunities, to invest in the estabtishment and management of marine conservation zones; to study policies allowing local communities that manage marine conservation zones to enjoy benefits tluough the provision of aquatic resources and marine eco­ environrneai protection servicesso as to encourage the participation of local communities and assure sustainable and effective development. To continue studying and elaborating regulations on the allocation of coastal seawater areas to local administrations and communities for management. 2. To enhance communication about the interests and responsibilities of the society, especially communities living in and around marine conservation zones. related to the establishment of marine conservation zones. To build up and expand models of community-based management in the protection of aquatic resources in and around marine conservation zones. To train marine conservation staffs with high managerial and professional qualifications from the central to local levels. 3. To elaborate and effectively implement schemes and projects on scientific surveys and research which will serve as a basis for proposing the expansion of marine conservation zones and identifying specific protection measures for each zone. 4. To promote international cooperation so as to attract financial and technical assistance and support in scientific surveys and research and staff training. To increase the exchange of information and coordination with regional countries and international organizations in the establishment of trans-national marine conservation zones. 5. Regarding investment mechanisms In the immediate future, investment capital for the establishment of marine conservation zones will be allocated mainly from the state budget. After completing the establishment of several state-run marine conservation zones, it is necessary to study and adopt mechanisms and policies to diversify forms of investment, encourage and attract domestic and overseas investors, scientists and international organizations and promote the participation of coastal and island fishing communities in the development and sustainable management of marine conservation zones. aI Central budget funds will be allocated for the following jobs: elaborating master plans and detailed plans of marine conservation zones; building essential infrastructure facilities and supporting the operation of management boards © VIETNAM LAW & LEGAL FORUM Issue nos 03·04IJune 2010 (Gong 8ao nos 263·2641June 8, 2010) OFFICIAL GAZETTE 19 of marine conservation of national or intemational importance or inter-provincial scope which are set up under the Prime Minister's decisions; and implementing mechanisms and policies on changing trades and generating incomes for communities living in or around marine conservation zones. bl Local budgets will be spent on the following jobs: formulating and implementing projects on the construction of essential infrastructure facilities and supporting the operation of management boards of locally run marine conservation zones as decentralized: implementing mechanisms and policies on changing trades and generating incomes for communities living in or around marine conservation zones. cl Funds raised from domestic and overseas organizations and individuals will be used for the following jobs: formulating investment projects on the construction of infrastructure work and funding the operation of management boards of marine conservation zones set up under projects approved by competent authorities; and funding the construction and management of marine conservation zones under law. 6, Investment capital demand The total investment capital is estimated at VND 460 billion (four hundred and sixty billion dong), of which: a/For the 20ll-2015 period: about VND 300 billion, from: Central budget capital: VND 185 billion Local budget capital: VND 90 billion Assistance from international and non governmental organizations: VND 25 billion bl For the 2016-2020 period: about VND 160 billion, from: Central budget capital: VND 145 billion Assistance from international and non­ governmental organizations: VND 15 billion, VI. ORGANIZATION OF IMPLEMENTATION L The Ministry of Agriculture and Rural Development shall: Assume the prime responsibility for, and coordinate with concerned ministries•.branches and localities in, implementing this Plan, Direct and guide localities to elaborate and submit plans of marine conservation zones in their localities to competent authorities forapproval. Build and manage marine conservation zones of national and international importance and inter-provincial conservation ZOnes which are set up under the Prime Minister's decisions, 2, People's Committees of coastal provinces and centrally run cities shall: Direct functional agencies to elaborate and submit to competent authorities plans on the establishment and management of marine conservation zones as decentralized; guide organizations and individuals in formulating projects to establish and manage marine conservation zones under regulations, Coordinate with the Ministry of Agriculture and Rural Development and concerned agencies in organizing communication and education about the interests brought about by, and responsibilities for, the protection and management of marine conservation zones; increase the inspection of the observation of laws on aquatic resources protection and development and biodiversity conservation; and design models of community­ based management of marine conservation zones, . Allocate local budget funds and adopt specific mechanisms and policies suitable to their local conditions to encourage all economic sectors to invest in building and effectively © VIETNAM LAW & LEGAL FORUM 20 OFFICIAL GAZETTE Issue nos 03·04lJune 2010 (Gong Baanos 263-264/June 8, 2010) exploiting and managing marine conservation zones in their localities. 3. Concerned ministries and branches: The Ministry of Planning and Investment and the Ministry of Finance shall, based on this Plan, allocate investment capital for specific projects so that the Ministry of Agriculture and Rural Development and concerned localities can successfully implement this Plan. Concerned ministries and localities shall participate in and facilitate the establishment and management of the system ofmarine conservation zones. Article 2. This Decision takes effect on the date of its signing. Article 3. Ministers, heads of ministerial­ level agencies, heads of government-attached agencies and chairpersons of People's Committees of coastal provinces and centrally run cities shall implement this Decision. For the Prime Minister Deputy Prime Minister HOANG TRUNG HAL Appendix I List of Vietnam's marine conservation zones through 2015 (To the Prime Minister's Decision No. 7421QD-TTg ofMay 26,2010) No. Name of marine conservation zone/province Total area Sea area (hectare) (hectare) L Tran island/Quang Ninh 4,200 3,900 2 Co To/Quang Ninh 7,850 4,000 3 Bach Long VilHai Phong 20,700 10,900 4 Cat BalHai Phong 20,700 10,900 5 Hon MelThanh Hoa 6,700 6,200 6 Con Co/Quang Tri 2,490 2,140 7 Hai Van-Son TralThua Thien Hue - Da Nang 17,039 7,626 8 Cham islet/Quang Nam 8,265 6,716 9 Lv Son/Quang Nzai 7,925 7,113 10 Nam Yet/Khanh Hoa 35,000 20,000 11 Nha Trang bav/Khanh Hoa 15,000 12,000 12 Nui ChualNinh Thuan 29,865 7,352 13 Phu OuvlBinh Thuan 18,980 16,680 14 Hon CaulBinh Thuan 12,500 12,390 15 Con DaolBa Ria - Vung Tau 29,400 23,000 16 Phu Quoc/Kien Giang 33,657 18,700 © VIETNAM LAW & LEGAL FORUM Appendix II List of tasks-projects to implement the plan on the system of Vietnam's marine conservation zones through 2020 (To the Prime Minister's Decision No. 7421QD-TTg ofMay 26,2010) Coordinating Implementation Funds No. Project name Objectives Activities Implementers (VND agencies duration million) I The 2010-2015 period: VND 275,000,000,000 (two hundred and seventy live billion dong) I Developing a Establishing a - Conducting Ministry of Ministry of 2010-2015 20,000 database of the system of additional surveys Agriculture and Natural system of marine databases of bio- on and research Rural Resources and conservation diversity, aquatic into bio-diversity, Development Environment: zones. resources, marine aquatic resources Ministry of ecosystems and and marine Science and socio-economic ecosystems. Technology; characteristics of Conducting socio Ministry of 16 marine economic surveys Information and conservation in 16 marine Communications; zones. conservation zones. Vietnam Institute of Science and Drawing digital Technology, and maps for People's management of Commi ttees of marine coastal provinces conservation zones. and centrally run Establishing a cities. database for each marine conservation zone. 0: o. "'" '"<Q ~ IJJg "" 0o w <5 b ~ ,e, r-o '-­ 00" ct'i ~'" t':~ ~ C) co ~ 9 o n rr () s r o» N m I I m '"~ 2 Making detailed Putting into - Making detailed Ministry of Ministry of 2010-2015 230,000 plans, operation 16 plans on II marine Agriculture and Natural establishing and marine conservation zones Rural Resources and putting into conservation and revising and Development; Environment; operation 16 zones adjustingplans on People's Ministry of marine 5 existing marine Committees of Planning and conservation conservation zones. coastal Investment; zones under first- - Establishing provinces and Ministry of phrase planning management centrally run Finance, and (2010-2015) plan boardsof marine cities People's conservation zones. Committees of Constructing coastal provinees technical and centrally run infrastructure of cities marine conservation zones. 3 Studying and Elaborating a - Analyzing the Ministry of Ministry of 2010-2013 5,000 elaborating system of management of Agriculture and Planning and mechanisms and consistent and existing marine Rural Investment; policies on the effective policies conservation zones. Development Ministry of management of on the - Elaborating and Finance; the system of establishment and promulgating Ministry of manne management of policies and legal Home Affairs; conservation marine documents on the Ministry of zones conservation management of Justice, and zones from marine People's central to local conservation zones. Committees of levels Studying policies coastal provinces and centrally run on support and cities. change of trades. Studying and proposing charge and fee policies applicable to marine conservation zones. l::l o n n () s r Cl» N m i i m 7) 0, <2 ~cn o "' " l:C .. ~ " ~g ""0 ~'"~ §c... '" §S" .. ~ '" ~~ 20 I<l1 .. Elaborating mechanisms and policies to encouragethe participation of domestic and overseas organizations and individuals. Evaluating long term financial demands of each marine conservation zone and the whole system of marine conservation zones. 4 Improving Raising - Organizing Ministry of Ministry of 2010-2015 15,000 managerial managerial trainingcourses for Agriculture and Education and capacity capacity managers. Rural Training; regarding marine regarding marine - Elaboratingsets Development Ministry of Home conservation for conservation for of documents on Affairs; Ministry managers from managersfrom training andre- of Justice, and central to local central to local training in marine People's levels. levels; raising conservation. Committees of awareness of Conducting coastal provinces coastal communication on and centrally run communities, relevant tonics. cities 5 International Joining the . Organizing and Ministry of Ministry of 2010-2015 5,000 cooperation in network of attending Agriculture and Foreign Affairs; marine marine international Rural Ministry of conservation. cortS"rvatioo for~J115 and Devejoprnent Natknol zones with other sermnars on marine 'Defense; countries in the conservation in the Ministry of region and the region and the Natural world. world, Resources and o~ o. " " <1><Q", mill 0>'0 o '" 8~ "" < ~ICo ""-~ $X> ~ ..g o ." rt ns r o ~ rrt f f m l:t ~ Making study Environment, tOOTS to and and People's exchanging Cornrni ttees of ex,.,-icnce" w\OI clllllSlllI pr{li\'!Iltes foreign countries. and centrallyrun Participating in cities building a network of marine conservation zones withothercountries in theregionandthe world. II THE 2016-2020 PERIOD: 145,000,000,000 (one hundred and fortv five billion dong) I Studying, Formulating - Conducting Ministry of Ministry of 2016-2017 investigatingand scientific grounds surveys and Agriculture and Natural Resources proposing plans for proposing the exploration and Rural andEnvironment; on the establishment of collecting Development Ministry of development and new marine information on Science and expansion of the conservation natural and socio- Technology; system of marine zones. economic Ministry of conservation conditions, aquatic Information and zones. resources and Communications; marineecosystems. VietnamInstitute Finalizing the of Science and plan on the Technology, and expansion of the People's network of marine Committees of conservation zones. coastal provinces and centrally run cities. 2 Establishing and Putting into - Making detailed Ministry of Ministry of 2016-2020 putting into operation some plans on the Agriculture and Natural operation some marine operation of some Rural Resources and marine conservation marine Development Environment; conservation zones outside the conservation zones Ministry of zones. system of 16 for submission to Planninz and ~ o n..... <'i s r Gl ~ m =1 m () o..g ~iii"o U> ~ ~ "'0 ~U> "-'S ~. <::::E" ..... ~ " en " 00 CD '" .., ~g 80 zones already competent Investment; established. authorities for Ministry of approval and putting Finance, and some into operation. People's Setting up Committees of management boards coastal provinces of marine and centrally run conservation zones. cities ~ In vesting in and building technical infrastructure for newly established marine conservation zones. 3 Supervising Supervising - Building Ministry of Ministry of 2016-2020 changes in changes in observation Agriculture and Natural Resources aquatic resources, aquatic resources, stations in marine Rural and Environment; biodiversity and biodiversity and conservation zones. Development Vietnam Institute ecosystem in each ecosystem in each - Conducting of Science and established established observation Technology, and marine marine activities to People's conservation conservation monitor indicators Committees of zone. zone. on changes in the coastal provinces environment and and centrally run aquatic resources cities 4 Studying and Attracting - Building Ministry of Ministry of 2018-2020 proposing the domestic as well experimental Agriculture and Science and Tech formation of as overseas models of Rural nology; Ministry experimental organizations and socialization of Development of Planning and models of enterprises and conservation work Investment; socialization of local communities in a key province. Ministry of conservation to participate in Justice, and work. the construction People's and management Committees of .l\f lDatirkl' cCOltaJ ptowi~s conservation I and centrally run zones, cities Total I-H =420,000,000,000 (four hundred and twenty billion dong) ~ olJ: Co C" ..'<>", tIl °,", c> C .., ~ . o c> ~e: '" <­Elc Ni 2:'" ~~,. co 2 8 o n n (") »r: o ~ m <-< m ~