Decree No, 57/2008/ND-CP promulgating the Regulation on management of Viet Nam’s marine reserves of national and international importance

12 OFFICIAL GAZETTE Issue nos03:Q4JMay 2Q08 (COrJg [)do IIW ~2041Mdy 11, iOOD) DECREE No. 57/2008IND-CP OF MAY 2, 2008, PROMIiLGATING THE REGULATION ON MANAGEMENT OF VIETNAM'S MARINE RESERVES OF NATIONAL AND INTERNATIONAL IMPORTANCE THE GOVERNMENT Pursuant to the December25, 2001 Lawon Organization ofthe Government; Pursuant 10the November 26, 2003 Law on Fisheries; At theproposalofthe Mimsterof'Agriculture andRural Development, Article 1.- To promulgate together with this Decree the Regulation on management of Vietnam's marine reserves of national and international importance. Arrick 2.- This Del-Tee lakes effect 15 days after its publication in "CONG BAO." ToannulArticle3 of theGovernment's Decree No. 27/2005/ND-CI' of'Merch 8, 2005, detailing the implementationofa number of articles of the Law on Fisheries. Article3.- Ministers, headsofministerial-level agencies, heads of government-attachedagencies and presidents of provincial/municipal People's Committees shall implement this Decree. On behalfofthe Government Prime Minister NGUYENTAN DUNG © VIETNAM LAW & LEGAL FORUM Issue nosQ3.Q4lMay 2008 (GOng &0 nos 263·2641M,y 11, 2008) OFFICIA~ GAZJ:TTE 13 REGULATION ON MANAGEMENT OF VIETNAM'S MARINE RESERVES OF NATIONAL ANU INTERNATIONAL IMPORTANCE (Promulgated together with the Government s Decree No..\I/2WIi/ND-CP ofMay 2,2008) ChapterI GENERAL PROVISIONS Article 1.- Scope and subjects of application I Tlli" Rl".gnlatiCln pmuidp<; criteria for classification,management organization,protection anddevelopmentofVietnam's marine reservesof national and international importance; respon sibilities ofministries, branches and localities. 2. Unless otherwise provided for by treaties to which the Socialist Republic of Vietnam is a coruracung party, this Regulation applies to domestic and foreign organizations and individuals that conduct activities related to the ahovt':-ml":nlioned marine reserves. 3. With regard to particularly important cases for national security, related activities may be conducted in marine reserves after they are permitted by the Prime Minister. Article2.- Criteria for classification ofmarine W<;f".rvp<; Clf n::at1f)(l;ll ::and international importance 1. Marine reserves ofnational and international importance (below referred to as marine reserves for short) are classified into national parks; marine species and biotope conservation zones; and reserves ofnatural aquatic resources. 2. A national park fully satisfies the following conditions: aI Being a marine region with one or several typical ecosystems such as coral reefs, sea-grasses, mangrove forests, lagoons or estuaries WhICh are undamaged or little affected by humans; being the habitat of one or several precious and rare marine wildlife species which are threatened with extinction and, therefore, need management, protection and conservation; bl Having a minimum area of 20,000 ha, of which the area of undamaged or little affected typical ecosystems represents at least one third; c/ Being a region where conscrvation objectives are ensured to be achieved and not to change due to harmful human activities. 3.A marine speciesand biotopeconservation zone fully satisfies the following conditions: aJ Being a marine region with one or several precious and raremarine wildlife species which are threatened with extinction; having typical ecosystems such as coral reefs, sea-grasses, mangrove forests, lagoons or esruarieswhich are undamaged or little affected by humans and which, therefore, need management, protection and conservation; bl Having a minimum area of 10.000 ha. of which the strictly protectedarea represents at least onefifth; cl Being a region where conservation objectives are ensured to be achieved and not to change due to harmful human activities. 4. A reserve ofaquatic natural resources fully satisfies uie rollowtng condtnons: a/Being a marine region, the habitatofseveral marine wildlife species; having breeding grounds or grounds for concentration of young marine species; having sources of breeds for addition to adjacent marine regions; hi Having a minimum area of 10,000 ha, of which the area of breeding grounds or grounds for concentration of young marine species represents at least two thirds; cl Being a region where conservation © VIETNAM lAW & lEGAL FORUM 14 OFFICIAL GAZETTE Issue nos 03-04lMay 2008 (GOng Bao nos 263-2&11May 11, 2008) objectives are ensured to be achieved and not to change due to harmful human activities. Article3.- Functionalzonesinmarinereserves 1.Depending on itsnatural characteristics and to-he-protected values, each marine: rt',~P.rvf': j ... divided into at least three functional zones as follows: aJ The strictlyprotected zoneis amarine zone with its originalstate preserved, strictly managed and protected for monitoring natural developments of typicalmarineplantand animal species and aquaticecosystems; hi The ecological restorationzone is amarine zone managed and protected for restoring, and facilitating the natural regeneration of, aquatic species and ecosystems; c1The developmentzone is theremainingarea of the marine reserve where controlledactivities may be conducted such as aquaculture, exploitation of aquatic products, ceo-tourism, scientific training and research. 2. Establishment of functionalzones: aIThe area and position of each functional zone aredetermined basedon the to-be-protected values and approved upon the establishmentofa marine reserve; hi The adjustment of the area and position of each functional zone is bused on the characteristics and actual developments of the marine reserve and approved by a competent authority at the proposal of the marinereservemanagement board. dTheMinistry ofAgriculture andDevelopment sh:lll guide criteria, order and procedures for the establishment of functional zones of marine reserves. 3. Establishment of protectionbelts In order torestrictoutsideimpacts, each marine reserve may have a protection belt. The protection belt lies outside the marine reserve, has a width of at most 1,000 m and at least 500 m, from the boundary of the marine reserveoutwards. Article 4.- Communities participating in the protection and development of marine reserves 1. The State encourages organizations, individuals and population communities to participate in the management, conservation, building and development of marine reserves in accordancewith law. 2. Organizations, individuals and population communitiesmay participate in: aJ Communication, education and raising of public awareness about the protection and conservationof biodiversity; hi Observation, patrolandprotectionof marine reserves; cI Scientific research and training in marine reserves; dJ Ecotourism services in marine reserves. Theaboveactivities mustcomplywithlawand rules of marine reserve management boards. Article 5.- Marine reserve management boards L Organizational structureof a marinereserve managementboard The marine reserve management board is a public non-business unit having legal person status, its own seal and bank account as well as workingoffice. The marine reserve management board has a directorate, severalspecialized sectionsandpatrol and control squads. 2.Tasks ofamarinereservemanagementboard aJ To manage and protect the marine reserve accordingto thisRegulation and other provisions oflaw; e VIETNAM LAW & LEGAL FORUM l$Sue nosO3-04iMay 2008 (06ng Bdvnos203-204!May 11, 2008) OFFICIAL GAZETTE 15 hi To elaborate and organize the implemen tationof five-year andten-yearmanagementplans aftertheyareapprovedbya competentauthority; clTo study and propose the adjustment of'the areaandpositionof functional zonesof themarine reserve; to draw maps anddemarcate functional zones on the field; df To organize activities to conserve and develop aquatic plants and animals, maintain natural developments of ecosystemsin themarine reserve; d To Lake measures to prevent pollution and epidemics; topreventinfringements of themarine reserve; f/ To organize periodical observatioris, report to competent agencies on the biodiversity and quality of the environment within the marine reserve; gITopropagate,educate and raise awareness about environmental protectionand biodiversity conservationfor population communities living in and around the marine reserve; hfTocoordinate withpopulation communities living inandaround themarine reserve inproposing andconducting activities for life improvement. 3. Powers of a marine reserve management board a/Toconduct research, investigation andsurvey activities in orderto perform the above tasks; b/ To organize, coordinate with or join other organizations and individual r; inside or outside the country in conducting tourism or other service activities according to thisRegulation andrelevant provisionsof law; cI To organize international cooperation on scientific research for the protection and developmentofconservation values inaccordance with law. Section 1. MANAGEMENTOFACTIVITIES IN MARINE RR!\F.RVES Artide 6.- Strictlyprotectedzones L Prohibitedacts: aJ Exploiting organism and non-organism sources with any methods or tools; bl Rearing aquatic animalsin any forms; cI Building infrastructureworks in-serviceof tourism, fishing, transport, communication or mineralexploitation,includingsubmarineworks andotheractivitieswhichdisturb sediment layers, roil water and affect the lifeof aquaticspecies in the zones; dI Discharging WAStes or wastcwaeer; e/ Travelingby fishingships,seagoingvessels or other waterwaymeans of transport, except for fnTr.e majeure cjTClJm.<>t;m~,<;; fI Treading on coral reefsor sea-grasses, 2. Conditional activities: a/ Tourism, including the use ofglass bottom shipsfor observing the sea-bed; swimming with breathing tubes without oxygen cylinders or diving with oxygen cylindersundertheguidance of the management boards; bl Scientific research, if approved by the Ministry of Agriculture and Rural Development and supervisedby the managementbeards; cITouristvesselsoperatingin marinereserves must abide by regulations on the protection of aquatic species and environment; use mooring buoys and anchor under the guidance of the managementboards. Article 7.- ecological restorationzones I. Prohibitedactivities: aJ Exploiting organism and non-organism sources withany methods or tools; © VIETNAM LAW & LEGAL FORUM 16 OFFICIAL GAZETTE Issue nos O3-04IMay 2008 (Gong BaD nos 26J.264/May 11. 2008) hi Rearing aquatic animals in any forms; cIBuilding infrastructure works in service of tourism, fishing, transport, communication or mineralexploitation, including submarineworks and otheractivitieswhichdisturbsedimentlayers, roil water and affect the hte at aquatic species In the zones; dJ Discharging wastes or wastewater; eJTreadingoncoralreetsor sea-grasses, except forforce majeure circumstances. 2. Conditional activities a/Tourism, includinguseat glass-bottom ships for observing the sea-bed; swimming or diving with or without oxygen cylinders under the guidance of the management boards; hi Fishing ships, seagoing vessels and other meansofttansportmay travelharmlessly butmay neither stop nor anchor. except forforce majeure circumstances; d Touristvesselsoperating in marinereserves must abide by regulations on the protection of aquaticspeciesand theenvironment; usemooring buoys and anchor under the guidance of the management boards; d/ The restoration of ecosystems in marine reserves must be conducted in a natural way. Article 8.~ Development zones 1.Prohibited activities: aIExploiting aquaticresourceswith drag-nets or other fishing gears which are destructive to aquatic resources and habitatsof aquaticspecies; blTreadingor anchoringon coralreefsor sea grasses, except forforce majeure circusmtances; dDischarging wastesor wastewater. 2. Conditional activities: aIExploiting aquatic resources with facilities under regulations of the Ministry of Agriculture and Rural Development. causing no harms to aquatic species and their habitats according to regulations ofmarinereserve managementboards; b/ Raisingaquaticanimals whenpermittedby a competent authority andaccording toregulations of marine reserve management boards; cl Fishing ships, seagoing vessels and other waterway means of transport may travel harmlessly but may neither stop nor anchor, except forforce majeurecircumstances; d/ Touristships in marine reserves must abide by regulations on the protection ofaquatic spe.cies and the environment; use mooring buoys and anchor under the guidance of the management boards; e/ Building infrastructureworks in service of tourismif it is approvedby a competent authority. Article 9.- Protection belts ofmarine reserves Prohibitedacts: 1. Exploitingaquatic resources with facilities or gears destructive to marine resources and affectinghabitatsof aquatic species. 2. Infringing uponanddestroyingecosystems; polluting the environment. 3. Anchoring on coral reefs or sea-grasses, except forforce majeurecircumstances. Section 2. FINANCE OF MARINE RESERVES Article 1O.~ Financial sources of marine reserves 1. The State encourages organizations and individuals to invest in the building, protection and developmentof marine reserves. 2. Financial sources for the building and developmentof marine reserves include: a/ State budget supports; © VIETNAM LAW & LEGAL FORUM Issue nos O3-04IMay 2OQ8 (GOng Bao nos263-2641May 11, 2008) OFFICIAL GAZETTE 17 bIRevenues from permitted service activities under this Regulationand relevant provisionsof law; c/Financial supportsof domestic and foreign organizationsand individuals; df Charges and fees which are managed and used in accordancewith law; eIOther lawfulfinancialsourcesas prescribed bylaw. Article 11.- Management and use of finance of marine reserves L State budget supports for marine reserves are used for the following tasks: aJ Tasksspecifiedin Clause 2,Article5 of this Regulation; hi Investing in the building of infrastructure and procuring equipment for management of marine reserves; c/ Regular activities of the management apparatusesof marinereserves. State budget supports must be used under projects asapproved by competent authorities in accordance with law. 2. 'Ihe managementand use of revenues trom serviceactivitiescomplywiththeprovisions oflaw. 3. Investment and financialsourcesof organi zations and individuals shall be managed and used accordingto the law on investmentand the use of financial sourcesand relevantprovisionsof law. 4. The Finance Ministry shall guide in detail the management and use of financial sources of marine reserves. Chaple,-II IMPLEMENTATIONPROVISIONS Article 12.- Responsibilities of ministries, branches and localities 1. The Ministry of Agriculture and Rural Development shall assume the prime responsibilityfor,and coordinatewithconcerned ministriesand branches in: aJ Formulating and submitting to the Prime Ministerforapproval aplanningonandorganizing themanagementof thesystemof,marinereserves; hi Formulating and submitting to the Prime I\1i:rusrer projects on the establishmentand directly organize the management of marine reserves whichareofnationaland international importance or related to several branches or 1{){,~1tpdin revPr.l1 provinces; c/Directing,guiding localitiesin formulating projects on the establishment and plans and regulationson the management of, decentralized marinereserves. 2. People's Committees of coastal provinces and centrally run cities shall: aJ Based on this Regulation and theguidance of the Ministry of Agriculture and Rural Development, direct local functional agencies in formulating projects on the establishment, plans and regulations on the management, of decentralized marine reserves: hi Organize themanagementof decentralized marine reserves; guide marine- reserve managementboards inissuingspecific regulations andrules for the managementof marine reserves. 3. The Ministry of Agriculture and Rural Development's specialized inspectorate shall perform the functionofandcoordinate withother branches in inspecting and examining activities In manne reserves. Article13.- Handling of violations Organizations and individuals violating the provisionsof this Regulationshall, dependingon the nature and severity of their violations, be © VIETNAM LAW& LEGAL FORUM 18 handled inaccordance withlaw. OFFICIAL GAZETTE Issue nos 03-44lMay 2008 (GOng Baonos 263-2 ,y 11, 201!8) Article 14.-Amendment, supplementation of the Regulation In the course of implementation of this Regulation, theMinistry ofAgriculture andRural Development andPeople'sCommittees ofcoastal provinces and centrally run cities shall promptly report on arising problems and propose amendments or supplements to the Regulation. On behalfofthe Government Prime Minister NGUYEN TAN DUNG lEI \/IFTNAM I AW " I Fr.A' FORUM