Decree No. 25/2009/ND-CP on integrated management of natural resources and environmental protection of the sea and islands

38 OFFICIAL GAZETTE Issue nos01.Q2IApril2009 (Gong BaD nos 165-16f.ilMarcfJ £'4, '/.WYJ Decree ND. 2512OO9JND-CP of March 6, 2009,ol:Wntegratedmanagement ofnatural resourcesand environmental protection of the seaand islands THE GOVERNMENT Purs/.IMt to the December 25, 2001 Law on Organization of the Government; Pursuant to the Vietnam Maritime CodeofJune 14,2005; Pursuant (0 tlte Alay 20, 1995 Law on H0ter Resources; Pursuant to theNovember 26, 2003 Land Law; Pursuant 10 the November 26, 2003 Fisheries Law; Pursuant to theJune 17, 2003 Lawon National Boundaries; Pursuant to the December 3, 2(){]4 Law Oil Forest Protection and Development; Pursuuru /(J ttu: March 20, 1996 Law un Minerals and the June 14, 2005 Law Amending andSupplementing a Numberof.ArticlesoftheLaw on Minerals; Pursuant to the November 29, 2005 Law on Environmental Protection; Pursuant to the November 29, 2006 Law on Dykes; Pursuantto the 1993 Petroleum Law; theJune 28, 2000 Law Amending and Supplementing a Number OfArticles ofthe Petroleum Law; and the June3, 2008lnw Amending andSupplementing a Number ofArticlesof the Petroleum Law; At the proposal of the Minister of Natural Resources andEnvironment, DECREES: Chapter I GENERALPROVISIONS Article 1. Scope of regulation This Decree prescribes the integrated management of natural resources and environmental protection incoastal areas, seaareas andislandsofVietnam; responsibilities ofagencies, organizations and individuals involved in the management, exploitation and use of natural resources and environmental protection of the sea and islands. Article 2. Subjects of application This Decree applies to domestic agencies. organizations and individuals and foreign organizations and individuals (below collectively referred to as organizations and individuals) involved in the management, exploitation and use © VIETNAM LAW & LEGAL FORUM Issue nos01-G2IApriI2009 (Colly Bao /11)$ 1O!r16filMarr;/124, 2009) OFFICIAL GAZETTE 39 of natural resources and environmental protection of thp'>f'.:l and islands When treaties to whichthe Socialist Republic of Vietnam is a contracting party provide differently, those treaties prevail. Article 3. Interpretation of terms In this Decree, the terms below are construed as follows: 1. Natural resources of the sea and islands means forms of bioJogical resources, non biological resources, geographical position-based resources and other forms of renewable and non renewable resources incoastal areas, sea areasand islands of Vietnam. 2. Environment of the sea means distinctive physical, chemical and biological elements of seawater, coastal soil,marine sediments, air above thesea andmarine ecosystems thatexistobjectively and affecthumans and organisms. 3. Vietnam's sea areas include internal waters and territorial sea, the contiguous zone, the exclusive economic zone,andthecontinental shelf ot Vietnam. 4. Coastal areameansa transition area between the continent and sea, including inshore sea areas and coastal land areas determined by admini strative management boundaries. 5. Integrated management of natural resources and environment of the sea and islands means interdisciplinary and inter-regional management, ensuring harmony between national interests and interests of branches. domains, localities, organizations and individuals involved in the management, exploitation and use of natural resources andenvironmental protection of the sea and islands. 6. Basic survey on IlJwral resources and environment of theseaand islands means activities of collecting. processing and managing data on natural conditions, resources and environment of the sea and islands. Article 4. Principlesfor integrated management of nan If::I 1 resonrces ::Inri environmental protPrtion of the sea andislands 1.Ensuring unified, interdisciplinary and inter regional management and simultaneously harmonizing commoninterests of involved parties in theexploitation anduseof natural resources and environmental protection of the sea and islands; closely combining the development of sea areas and islands with that of inland areas toward industrialization and modemizarion, 2. Closely combining socio-economic ueyt:lupmem with ell yiWIHlIt:mal prou:t.:tion, ensuring safety at sea and simultaneously contributing to protecting national security, sovereignty and integrity. 3, Increasing and diversifying forms of investment, attracting alldomestic andinternational resources for socio-economic development and environmental protection of the sea and.islands, 4. Proactively preventing, stopping and mitigating pollution andremedying degradation of (heenvironment of the sea and islands; protecting and developing ecosystems of the sea andislands for sustainable development. 5. Observing marine treaties to whicaVietnam is a contracting party. Article S. Contents of integrated management of naturalresources and environmental protection of the sea and islands 1. Toelaborate andpromulgate legaldocuments on integrated management ofnatural resources and environmental protection of the sea and islands. 2. To elaborate masterplans on use of natural resources and environmental protection of the sea and islands. 3. To uniformly manage basic surveys on and exploitation and use of natural resources and environmental protection of the sea and islands. 4. To carry out international cooperation on integrated management of natural resources and © VIETNAM lAW & lEGAL FORUM 40 OFFICIAL GAZETTE Issue nos Q1.Q2JApril 2009 (Gong BaD nos 165-166!March24, 2009) environmental protection of the sea and islands. 5. To prevent stop and control pollution of the environment of the sea and islands; to respond to and remedy environmental incidents and protect the coastal environment. Chapter II INnmRATED MANAGEMENT OF r-tAJ'URAL RESOURCESAND ENVIRONMENTAL PROTECfION OF TIIE SEAAND ISLANDS Artidt 6. Principles for planning on use of natural resources and environmental protection of the sea and islands 1. Ensuring the unity, systemization of and conrormny with characteristics, geographical positions andnatural rulesof seaareas, coastal areas and islands. 2. Enauring national interests, harmoniously combining interests of branches, domains and localities in the exploitation and use of marineand island natural resources in line with the national socio-econemic development strategy. 3. Mitigating adverse impacts and simultaneously protecting and improving environment quality, ensuring sustainable use of marine natlJral resoorces and promoting economic developrrentof the sea and islands. Article 7. Basesfor planning onuse of natural resources M'I:1 environmental protecuon of rhe sea and islands, l. Natirmal socio-economic development strategies and master plans; national environmental protection strategies. 2. Orientations for sustainable development strategies and marine strategies of Vietnam. 3. Natural and socio-economic conditions of the countryand key economic regions. 4. Current status of exploitation and use of natural resources and environmental protection of the sea and islands of the country, regions and coastal andislandprovincesand centrallyrun cities (below referredto as coastalprovinces), 5.Values of natural resources and vulnerability of the environment of the sea and islands, Article 8. Contents ofplanning onuseofnatural resources and environmental protection of the sea and islands 1. To analyze and evaluate natural and socio economic conditions and the current status of exploitation and use of natural resources and environmental protection of the sea and islands. 2.Toset directions, targets and orientations for reasonable use of natural resources and environmental protection of the sea and islands. 3. Tu identify positions and areas of and display on maps, zoneswhichuse sea surface, seabed and islands for socio-economic development, defense and security; to determine areas banned from exploitation, areas subject to conditional exploitation and specially protected areas for defense, security, environmental protection and ecosystemconservation purposesand floating and undersea works. 4. To specifically determine vulnerable coastal areas such as banks, erosive coastal areas, protection rorests, wetlands and coastal sand, and buffer zones and devise appropriate management and protection solutions. 5. Solutions to implement master plans on use of natural resources and environmental protection of the sea and islands. Article 9. Elaboration and approval of master plansonuseofnatural resources andenvironmental protection of the sea and islands L The Ministry of Natural Resources and Environment shall assumethe primeresponsibllny for, and coordinate with ministries, branches and People's Committees of coastal provinces in, elaborating a national masterplanon use of natural resources and environmental protection of the sea © VIETNAM LAW & LEGAL FORUM Issue nos o1.Q2JApriI2009 (03ng B:io nos 165-166/March 24, 2@; OFFICIAL GAZETTE 41 and islands and submit it to the Government for approval. Amaster plan onuseof natural resources andenvironmental protection of thesea andislands related todefense and security mustbe commented by the Ministry of Defense and the Ministry of Public Security before being submitted to the Government for approval. 2. Ministries, branches and People's Committees ofcoastal provinces shall propose their needstor exploitation and useat natural resources andenvironmental protection of theseaandislands to the Ministry of Natural Resources and Environment for inclusion into the master plan on use of natural resources and environmental protection of the seaand islands. 3. A master plan on use of natural resources and cu viJ uumental protection of the sea and islauds shall be formulated for ten (10) years with orientations for twenty (20) subsequent years. Everyfive(05)years, such plan mustbeevaluated and adjusted to match changes and adjustments in the bases for planning on use of natural resources andenvironmental protection oftheseaandislands specified in Article 7 of this Decree. Article 10. Implementation of the master plan on use of natural resources and environmental protection of the seaand islands I. The Ministry of Natural Resources and Environment shall direct, guide, manage and organize theimplementation of the master plan on use of natural resources and environmental protection of theseaand islands; and examine the implementation thereof. 2. Ministries, branches and People's Committees of coastal provinces shall direct and organize the proper implementation of the master planon useofnatural resources andenvironmental protection of the sea and islands already approved by competent state agencies. 3.Investors ofprojects related totheexploitation anduseofmarine andisland natural resources shall comply with the master plan on use of natural resources and environmental protection of the sea and islands already approved by competent state agencies. Article 11.Basesforformulating programs and plans on integrated management of natural resources and environmental protection of the sea and islands 1.The masterplan on use of natural resources andenvironmental protection of the sea. end islands already approved by competent state~cies. 2. Five-year and annual socio-economic development plansof the Stateand localities, 3. Needs of organizations, individuals and communities for exploitation and use of natural resources and environment of the seaand islands. Article 12. Contents ofprograms andplanson integrated management of natural resources and environmental protection of the seaandislands 1. Tu evaluate the l,;UITt::IIL status u( lutegrated management of natural resources and environmental protection of the sea and.islands, 2.Toidentify targets ofintegrated management of natural resources and environmental protection of the sea and islands. 3. To set the order of priority for integrated urauag cuieu l uf nauu al IC:'UUIU:;~ and environmental protection of the sea and islands, 4. To propose specific mechanism'S, policies. solutions and activities for integrated management of natural resources and environmental protection of the sea and islands. 5. To identify resources for integrated management of natural resources and environmental protection of the sea and islands. Article 13. Elaboration and approval of programs and plans on integrated management of natural resources and environmental protection of the sea and islands I. Ministries, branches and People's Committees of coastal provinces shall, within the © VIETNAM LAW &LEGAL FORUM 42 OFFICIAL GAZETTE Issue nos 01-ll2JApriI2009 (C8ng Bao nos 165-166/March 21,2009) scopeoftheirmanagementelaborateprograms and plans on exploitation and use of natural resources andenvironmental protection of thesea andislands and submit them to the Ministry of Natural Resources and Environment for sum-up. 2. Based on the approved master plan on usc of natural resources and environmental protection of the sea and islands, the Ministry of Natural Resourcesand Environment shallreview programs and plans on exploitation and use of natural resources aad environmental protection of the sea and island!il of ministries, branches and localities; elaborate and submit to the Prime Minister for approval mterdisciplinary and inter-provincial programs and plans on exploitation and use of natural reseurces and environmental protection of the sea and islands. Artie" 14. Implementation of programs and plans on rntegrated management of natural resources and environmental protection of the sea andisland'S L The PrimeMinister shalldecideto establish interdiscjglinary steering committees for the implementation of programs and plans on integrated management of natural resources and environmental protection of the sea and islands, which invalve different ministries. branches and localities. 2. The Vietnam Sea and IslandAdministration shall act as the standing body of interdisciplinary steering committees tor coordinating the implementation of programs and plans on integratedmanagement of natural resources and environmental protection of the sea and islands. Article 15. Management of basic surveys on natural resources and environment of the sea and islands 1. All basic surveys and scientific research on the sea, islands and oceans must be licensed by competentstate agencies under law. 2. The Ministry of Natural Resources and Environment shall: aJ Appr:li~ or p:lrticip:1t~ in thp appraisal of, programs and plans on marine, island and oceanic basic surveys and scientific studies of ministries, branches and localities under law; bl Coordinate WIth concerned agencies in monitoring, urging, examiningand reviewing the implementation of programs and planson marine, island and oceanic basic surveys and scientific studies of ministries, branches and localities; and propose adjustments to these programs and plans. 3. Ministries, branches and People's Committees of coastal provinces shall annually report to the Ministry of Natural Resources and Environment on the implementation of programs and plans on marine, island and oceanic basic surveys and scientific studies. Article16.Management of theexploitation and use of marine andisland natural resources L Capable organizations and individuals that wish to exploitand use marine and island natural resources must be licensed by competent state agencies under law. 2.Theexploitation anduseof marineandisland natural resources shall be licensed in accordance with the master plan on use of natural resources andenvironmental protection of thesea andislands; specialized master plans already approved by competent state agencies; and demands for exploiuniou and use uf IlJdl ine and i:ildJlU natural resources presented in proposals or projects on exploitation and use of marine and island natural resources under law. Article 17. Prevention, stoppage and control of sea and islandpollution 1. Measures to prevent, Hop and control sen. and island pollution: a/ Owners of production and business establishments on islands and ownersof vessels at sea shall reporton the volume of wasteand waste © VIETNAM LAW & LEGAL FORUM Issue nos 01..()21AcriI2009 (r.6ng SaD nos 1fi5.fWM<lfch 24, 2009) OFFICIAL GAZETTE 43 treatment plans to environmentstate management agencies; owners of vessels and goods storing facilities at sea prone to environmental incidents shall adopt schemes to prevent such incidents and notifyenvironmentstatemanagementagencies, the National Search and Rescue Committee and the Marine Police thereof; bl Wastewater from oilrigs and vessels and ballast water of organizations and individuals operating on Vietnam's seas may only be discharged into the sea after being treated in compliance with technical regulations on environment; c/ Solidwastefrom oilrigs and vessels mustbe managed under law; dI Aquaculture activities in Vietnam's sea and coastalareasmust comply with the environmental protection law and relevant laws; eI Mud dredged from fairways and seaports musthe discharged at sitespermittedbycompetent state agencies. 2. The Ministry of Natural Resources and Environment shallassumetheprimeresponsibility for, and coordinatewith concerned ministries and branches in, studying, surveyingandevaluating the statusof pollutionof the sea and islands, and zone off seriously polluted areas: tackle and remedy consequences of pollution, restoreand improvethe quality of the marine and island environment; promulgate regulations on waste management and control ofpollution ofthe sea and islands; and direct and guide People's Committees of coastal provinces in implementing these regulations. 3. Concerned ministries and branches shall coordinatewiththe Ministry of Natura! Resources and Environment in surveying and evaluating the current status of pollution of the sea and islands; formulate. promulgate and examine the implementation of technical regulations on waste management and control of pollution of the sea and islands caused by their activities; mobilize specialized forces [Q examine and .'>upeJ Yise the implementation of the law on waste management and control of pollutionof the sea and islands. 4. People's Committees of coastal provinces shall manage, examine, supervise and handle acts of pollutingthe environmentof the sea and islands in their localities under law. Article 18. Response to and remedy of environmental incidents and natural disasters in Vietnam's coastal and sea areas and islands 1. Response to and remedy of envieonmental incidentsand naturaldisasters in Vietnam'scoastal and seaareas and islands cover: aJ Monitoring, fully and promptly warning environmental incidents and natural disasters in Vietnam'scoastal and sea areas and islands; bl PromptIy and cffccti vel y responding to environmental incidents and natural disasters to mitigate their harmful impacts; cl Tackling and remedying environmental consequences caused by environmental incidents and natural disasters; dl Organizations and individuals causing environmental incidents at 8Ca and on islands shall pay environmental damagesand be handledunder law; el Increasing international cooperation on response to environmental incidents andwarning of natural disasters. 2. The State encourages organizations and individuals that have production and business activitiesat sea or live in coastal areasandislands to buy insurance against risks caused by natural disasters. TheMinistryofFinanceshallspecifically guide this Clause. 3. The Ministry of Natural Resources and Environmenlshallassumetheprimeresponsibility for, and coordinate with ministries. branches and People's Committees of coastal provinces in, monitoring. controlling andwarningenvironmental incidents and natural disasters: elaborating strategies and action plans to adapt to rising sea © VIETNAM LAW & LEGAL FORUM 44 OFFICIAL GAZETTE Issue nos 01.Q2JApriI2009 {(Ym!J RAn nn~ 1fiF:'...16FJMarr.h ?4, ?mQ,1 level; and working out roadmaps to accede to treaties onresponse toenvironmental incidents and natural disasters. 4. The Ministry of Natural Resources and Environment shall coordinate with the National Search and Rescue Committee and concerned ministries and branches in responding to environmental incidents and natural disasters. 5. People's Committees of coastal provinces shall,withiP the scopeof their statemanagement. tackle and remedy coosequences ofenvironmental incidents and natural disasters and request cnrnpensarion for environmental damage under law. Article 19. Protection of the coastal envirouIlIlJfit 1. The jltate shan adopt policies to protect the environment of, and ensurepeople's safetyin and sustainable socio-economic development for, coastal areas. 2. ChaRges in coastal areas must be observed and evalueed andtrendsof thesechanges mustbe forecast; tMM'fer zonesmust be delimited and zoned off to prefect vulnerable and greatly changing coastal areas such as banks, erosive coastalareas, sandyareas protection forests andcoastal wetlands, and work out appropriate management and protection solutions. 3. The Ministry of Natural Resources and Environ~t shall assume the prime responsibility for, and eeerdinatewithconcerned ministries and branches and People's Committees of coastal provinces In, elaborating a national strategy to protect the coastal environment and subiuiuing it (0 rue PrimeMinisterfor approval. 4. Concerned ministries and branches shall coordinate with the Ministry of Natural Resources andEnvironment inguidinganddirecting People's Committees of coastal provinces in managing and protecting the coast under law. 5. People's Committees of coastal provinces shall, within the scope of their management, manage and protect the coast, identify vulnerable andgreatly changing coastal areasand propose and implementappropriate management andprotection solutions. Article ZOo Settlernent of disputes and complaints related to the management and exploitation ofnatural resources andenvironmental protection of the sea and islands 1. The Ministry of Natural Resources and Environment shall assumetheprimeresponsibility for, and coordinate with concerned agencies in, seuliug UI proposing cotnpereru author ities to settle disputes related to the interdisciplinary or inter provincial management andexploitation of natural resources andenvironmental protection of the sea and islands. 2.Ministries andrmnisterial-level agencies shall settledisputes related to the exploitation of marine and island natural resources within their state management. 3. People's Committees of coastal provinces shallsettledisputes relatedto the management and exploitation ofnatural resources andenvironmental protection of the sea and islands within their state management. 4, Complaints about the management and exploitation ofnatural resources andenvironmental protection of the sea and islands shall be settled under the law on complaints and denunciations. Chapter III CONDITIONS TO ENSURE INTEGRA1ED MANAGE~,NTOFNATURAL RESOURCES ANDENVIRONMENTAL PROTECTIONOF THE SEAAND ISLANDS Articl~ 21 Funck for integrated management of natural resources and environmental protection of the sea and islands L Fundingsources for integrated management of natural resources and environmental protection © VIETNAM LAW &LEGAL FORUM Issue nos01-o2lADril2009 (Gong Bdo ITOS t6!j.f66/M(J(C/] 24, 2008) OFFICIAL GAZETTE 45 of the sea and islands include: a/ State budget; bl Other lawful sourcesunder law. 2. State budget funds for development investment shall be used to perform the following tasks: al Building surveying fleets. systems of observation of natural resources and environment of lhe sea: systemsof warning and supervision of natural resourcesand environment of the sea; bl Building infrastructure and procuring equipmentfor theintegrated managementof natural resources and environmental protection of the sea and islands and response to environmental incidents; cI BUilding omer works related to imegrated management of natural resources and environmentalprotection of the sea and islands. 3. Statebudget fundsforregularspendingshall beused to perform the following tasks: al Conducting basic surveys on natural resourcesand environment of the sea and islands; hi Planning integrated managementof natural resources and environmental protection of the sea and islands: cI Conducting scientific research. exploring and forecasting changes in natural resources and environmental developments of the seaandislands; dI Disseminating and educating about laws. raising the sense of management of natural resources and environmental protection of the sea and islands; e/ Training in and enhancing the capacity of state management of natural resources and environmental protection ofthe sea andislandsand response to environmental incidents; fl Carrying out international cooperation on management of natural resources and environmental protection of the sea and islands; gJ Carrying out other activities; related to integrated management of natural resources and environmental protection of the sea and islands. Article 22. Human resource development 1.The Stateprioritizes trainingand encourages enterprises and social organizations to join in training »nd developing perxrmnel in research. survey. exploration and management of natural resources and environmental protectionof the sea and islands. ~. Hased. on the MmisUy ot Natural. Resources and Environment's forecasts on long-term needs for human resources for research, survey and management of natural resources and environmental protection of the sea aad islands, the Ministryof Educationand Trainingshall work out plans to train human resources in relevant disciplines at domestic and foreign universities, colleges and professional secondary schools; elaboratespecialized trainingcontents meeting the requirement of developing the contfngent of personnel ill research, 5Ut 'fey, exploration and management of natural resources and environmental protectionof the sea and islands. 3. The Ministry of Natural Resources and Environment shall assumethe primeresponsibility for, and coordinate with the Ministry of Home Affairs in, submitting to the Prime Minister for promulgation incentive regimes on occupational allowance and work responsibility allowance for civilservants whostudy, surveyand explorenatural resources and environmentof the sea and islands. Article 23. Public information on mtegrated management of natural resources and environmental protection of the sea and islands 1. The Stateprioritizespublic information work to raiseawarenessabout the protectionof national sovereignty and interests at sea and exploitation and sustainable use of natural resources and environmental protection of the sea and islands: and encourages organizations and individuals to take initiative and actively participate in disseminating in different forms information on the implementation of policies and laws on © VIETNAM LAW & LEGAL FORUM 46 OFFICIAL GAZETTE Issue nos 01.()21ApriI2009 (Cong Bao nos 165-166/March 24,2000) management of natural resources and environmental protection of the sea and islands. 2. Public information work concerning integrated management of natural resources and environmental protection of the sea and islands covers: aJ Organizing VietnamSea and IslandWeekto mark the \Y<lrld OceanDay and majornational and international events related to integrated management of natural resources and environmental protectionof the sea and islands; bl EdiWlg, distributing and disseminating publicetioes and documents and disseminating on the mass media information on natural resources and enviromnentof the sea and islands; cI Otg:.;.nizing prizes and forms of reward for organizations and individuals who make outstanding achievements in introducing initiatives and technical solutions foreffective and sustainable exploitlltio9a and use of marine natural resources or well proteeting the environment of the sea and islands; d/DisSlii:lllinating in other fonus information on natural resources and environment of the sea and islands. 3. The Ministry of Natural Resources and Environment shall: aI Assume the prime responsibility for, and coordinate with ministries. branches, coastal provincesand communication and media agencies in, forrrrutating and implementing public informauan programs, plans and schemes; organizi~ prizesand forms of rewardand seeking and :lttr(\C'.line domestic and foreign organizatinns and individuals to fund and support the dissemination of information on integrated management of natural resources and environmental protection of the sea and islands; bl Coordinate with the Ministry of Education and Training in selecting and incorporating appropriate topicsand contentson management of natural resources and environmental protection of the sea and islands into education and training programs in the national education system. 4. Ministries, ministerial-level agencies and government-attached agencies shall direct communication andmediaagencies andspecial ized agencies under their management in disseminating and educating about the law on exploitation and use of natural resources and environmental protection of the sea and islands in their branches and domains. 5. People's Committees of coastal provinces shall: a/Direct provincial-level Natural Re50uKCS and Environment Services in coordinating with local communication and mediaagencies andspecialized agencies in elaborating and implementing public mrorrnation schemes, programs and plans on natural resources managementand environmental protection of the sea and islands; bJ Prioritize local budget funds and seek and attract domestic and foreign organizations and individuals to fund and support law propagation, dissemination and education and building of a network uf couuuunicauus UII natural tesuurces managementand environmental protection of the sea and islands in their localities. AI1icle 24. Participution of organizations and individuals in natural resources management and environmental protection of the sea and islands 1. The State encourages public feedback on policies, laws, strategies, actionplansand projects to manage, exploit and use natural resources and environmental protection of the sea and islands; and enrOllf:lep.~ Clfeilni7.atinn!': and individuals to invest in projects to exploit and rationally use natural resources and protect the environment of the sea and islands under law. 2. The State adopts policesto supportresearch, build and popularize community-based models to manage and exploit natural resources and protect the environment of inshore and coastal areas and islands. © VIETNAM lAW &lEGAL FORUM Issue nos01-Q2JApri12009 (Cong Hao nos 165-1661March 24,2009) OFFICIAL GAZETTE 47 Article 25. Science and technology activities in integro.ted management of natural resources and environmental protection of the sea and islands 1. The State encourages organizations and individuals to study, apply aIld transfer zechnologies and carry oul international cooperation 00 science and technology for integrated management of natura] resources and environmental protection of the sea amI islands. 2. Scientific and technological research into integrated management of natural resources and PllvironmentaJ protection of the S€.';:I and islands covers: aIResearchand finding out of rules on natural conditions, natural resources, biodiversity and environment of the sea and islands; bIStudyon theoretical andpractical groundsto serve the adoption of policies and regulations for integrated m.:masement of natural resources and environmental protection of the sea and islands; cl Study, survey and exploration to provide scientific groundsforthe formulation of theprocess, technical norms,standards andregulations, econo technical norms for management of natural resources and environmental protection of the sea and islands; d/ Study, application and transfer of technologies for integrated management of natural resources and environmental protection; eI Other scientific and technological research and application activities related to integrated management of natural resources and environmental protection. 3. The Ministry of Natural Resources and Environment shall set priorities and majorscience and technology tasks on natural resources and environment of the sea and islands; participate in elaborating policies todevelop highandspearhead technologies for integrated management of natural resources and environmental protection of the sea and islands under law. Article 26. International cooperation on integrated management uf natural resources and environmental protection of the sea and islands l. The State cooperates with other countries, foreign and international organiznrions in the following areas: aJ Research, elaboration andcompletion of the system of legal documents on natural resources management and environmental protection of the sea and islands; bJSurvey and research into natural resources and environment of the sea and islands; scientific technological application in marine survey and study; surveyand assessmentof the vulnerability of natural resources and environment of the sea and islands; forecast on natural uisasters and marine environment pollution caused by the exploitation of natural resources of the sea and islands; d Sustainable exploitation of marineresources on the principles of firmly maintaining national independence, sovereignty and integrity and ensuring security and defense at sea; df Protection of marine biodiversity and maintenance of the productivity and diversity of ecosystems of thesea and coastal areas; ef Treatment of waste from marineeconomic activities, treatment of sea pollution, response to oil spills and adaptation to climate change; f] Search and 1~Sl,;UI: at sea, 2, The Ministry of Natural Resources and Environment shall act as the key agency for international cooperation on managementofnatural resources and environmental protection of the sea: and islands. 3. Ministries, branches and localities engaged in sea-related international cooperation shallmake annual reports andevaluation on suchcooperation andsendthemtotheMinistryof NaturalResources and Environment for review :own rf'flOrt to thP PrimP. Minister. . e VIETNA.M LAW & LEGAL FORUM 48 OFFICIAL GAZETTE Issue nos 01-Q2IApril 2009 (C6ng Bdo nos165·166/March 24, 2009) Chapter IV K.I:::i-SPUN-SlliILfl 1.J::,S UF AGENClliS IN CHARGEOF NATURALRESOURCES MANAGEMENTANDENVIRONMENTAL PROJECTION OF THE SEA AND ISLANDS Article 27. Responsibilities of the Ministry of Natural Resources and Environment 1. To IMbmit to the Government or the Prime Ministerfurpromulgation orpromulgate according to its competence legal documents, mechanisms, policies, process of and regulations on management, exploitation and use of natural resources 8t\denvironmental protection of the sea and islan<.h. 2. To assume tbe prime responsibility for, and coordinate with ministries, branches and People's Connnittees ofcoastal provinces in,planning basic surveyson marine resources and environment; to formulate marine and oceamc research programs and programs on integrated management and environmeatal protection of coastal areas and submit them to the Prime Minister for approval and organize their implementation after they are approved. 3.Toguideandexamine People's Committees of coastal provinces in torrnulatmg and irnplemenaag programs and plans on integrated management of natural resources and environmental protection of the sea and islands; to develop irmructions to evaluate the progress and results of integrated management of natural resources -.md environmental protection of the sea and islands. 4. To build a national observation system for natural resources and environment of the sea and islands. 5.Toreviewand evaluate the socio-economic potential of Vietnam's sea; to collect statistics on, classify and evaluate the potential of sea areas, islands, archipelagoes and undcrse a groundsunderVietnam'ssovereignty: to analyze, evaluate and forecast issues related to marine exploitation,scientificresearchand international cooperation. 6. Tobuild and manage a national database on natural resources and environment ot the sea and islands. 7. Toassume the prime responsibility for, and coordinate in, settling or proposing competent authorities to settle interdisciplinary or inter provincial matters related to the management, exploitation and use of natural resources and environmental protection or the sea and islands. 8. To elaborate plans on investment in and plans to operate, use and manage special-use works and means in research and surveys on natural resources and environment of the sea and islands underJaw. 9. The Vietnam Sea and IslandAdministration under the Ministry of Natural Resources and Environment shall advise and assist the Minister of Natural Resources and Environment in performing the integrated and unified state management of the sea and islands. Article 28. Responsibilities of ministries and branches 1.The Ministry of HomeAffairs shall assume the prime responsibility for, and coordinate with the Ministry ofNatura IReSOllIT'P>; and Fnvirrmment and coastal provinces in, demarcating boundaries for management of the sea and islands according to the decentralization mechanism and submitting UlGHJ (0 competent state agencies for approval. 2.TheMinistry of Defense andtheMinistry of PublicSecurity shall mobilize forces to respondto ::1ndre/llf'£Iyf'nllimnmental incident, 00 Vietnam's sea and islands; and direct. guide, examine and inspect the protection of natural resources and environment of the sea and islands according to their competence. © VIETNAM lAW &lEGAL FORUM Issue nos 01.Q2IApril2009 (Cong {jao nos W".IOO!March :!4, 2IJW) OF"FICIAL GAZETTE 49 3. Within the scope of their management ministries and ministerial lewl agencies shall: aJ Promulgate technical regulations, techno economic normson management. exploitation and use of marine and island natural resources according to line management requirements; bl Elaborate programs and plans to survey, explore andexploitnaturalresources ofthe seaand islands under [heir management: cf Coordinate with the Ministry of Natural Resources andEnvironment in settling orproposing competent authorities to settle interdisciplinary or inter-provincial matters on management and exploitation of natural resources andenvironmental protection of the seaand islands; inspect, examine, am1 hamllc viu1a!iUJJS uf the law ou m,magclUtllt and exploitation of natural resources and environmental protection of the sea and islands under law; d! Annually report to the Ministry of Natural Resources and Environment on the management andexploitation of naturalresources of the seaand islands under their management. Article 29. Responsibilities of People's Committees of coastal provinces 1. To manage resources and protect the environment of the sea and islands under their management and as decentralized. L Toevaluate thesocto-economtc potential and the exploitation and use of sea areas and islands under their management; to collect statistics on. classify andevaluate resources of seaareas, islands, archipelagoes and undersea grounds under their management. 3. To survey, evaluateandcontrolseaandisland environmental pollution and degradation caused by the exploitation and use of the sea and islands and incidents or naturaldisasters at sea undertheir management. 4. To propagate and raise awareness about the protection of sovereigntyand naturalresourcesand environment of sea MCilS and islands. 5,Toannually report to the Ministry of Natural Resourcesand Environmenton the management, exploitation and use of natural resources and environmental protection of the sea and islands in their localities. Chapter V IMPLEMENTATION PROVISIONS Article 30. Effect 1. This Decree takes effect on May I, 2009. 2. The Minister of Natural Resources and Environment shall guide and examine the implementation of this Decree. 3.;Ministers, heads ofministcrial-levelagencies, heads of government-attached agencies and presidents of People's Committees of coastal provinces shall implementthis Decree. On behalfof the Government Prime Minister NGUYEN TAN DUNG talVIETNAM LAW & LEGAl.. FORUM