Circular No. 18/2004/TT-BTNMT guiding the implementation of the Government's Decree No. 109/2003/ND-CP on the conservation and sustainable development of submerged areas

OFFICIAL GAZf.l'TE THE MINISTRY OF NATURAL- RE,SOURCES ANO ENVIRONMENT CIRCULAR No. 18/2004/TT-BTNMT OF AUGUST 23, 2004 GUIDING THE lMPLEMENTATlON· OF THE GOVERNMENT'S DECREE No. 109/2003/ ND-CP OF SEPTEMBER 23, 2003 ON CONSERVATION AND SUSTAINABLE DEVELOPMENT OF WETLANDS Pursuant to the Government's Decree No. 91 I 2002/ND-CP of November 11, 2002 defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment; Pursuant to the Government's Decree No. 109/2003/ND-CP of September 23, 2003 on conservation and sustainable development of wotfnnd:c:; The Ministry of Natura.I r-?esourcos and Environment hereby guidtJS the conservalion and sustainable development of wetla.nd.'J as follows: Part/ GENERAL PROVISIONS I. SCOPE: OF REGULATJONAND SUBJECTS OF APPLICATION 1. This Circular guldes the conservation and susta.in,~t!e development of wetlands whict1 possess peculiar eco~systems and r,igh bio diversity, have the functions of maintaining water sources and balan cing the ecology, and are of international or national importance. 2. Thia Clrcu!ar applies to Vietnamese and f o rel gn orga:n ii:atiOns and lndivi duals carrying out activities in Vietnam's wetlands. JI. CLASS/FICA TION OF WETLANDS Wetlands· me:an areas permanently or temporarily submerged in' water, running or stagnant, fresh, alum, sanne or brackish. Wetlands are classified into coastal wetlands and inland wetlands. 1. Coastal wetlands Coastal wetlands are coastal or is!aod-edge areas submerged in saline or brackish water, with the depth of no more than 6 meters at ebb tide. They include: a/ Water areas under aquaculture; bf Sand, gravel and pebble banks; cf Salt-making fields; d/ Tidal rnud {\ats, bogs; e/ Marshes; f/ ~~stuaries; g/ Coastal and riverbank deltas affected by tides; h/ Submerged forests; ii Vegetational cover; j/ Coral population. 2. Inland wetlands . Inland wetlands ,,-u(, .'J.;'eas submerged in fresh or brackish water, including: a/ Land areas under wet-rice or other water plants; bl Rivers, strean1~j .. canals, ditches, special use water surface, water falls; · cl Lakes, ponds; d/ Lagoons; e/ Indigo forests; f / Mud flats, .bogs; .. g/ Caves; ·part It CONSERVATION OF WETLANDS I. CONSERVATION CRITERIA 1. The identification of wetlands for conservation under the provisions of Article 1 o1 the Government's Decree No. 109/2003/ND-CP of September 23, 2003 on ~onservation and sustainable development of wetlands (hereinafter called Decree No. 109/2003/ND CP) shall tJe based on the foUowing criteria: a/ Possnssing the typical or peculiar OFFICIAL GAZETTE characteristics ot a natural wetland; b/ Being the regular or seasonal habitats or breeding-grounds of many endemic, rare and precious or endangered an1mal and/or plant breeds and species; c/ Being areas where are regularly present over 20,000 water birds or over 1 % of the global or regional population of any breed or species; d/ Playing an important rofe of regulating water sources, balancing the ecology of a. region and having special landscape or environmental values. e/ Having special national or local ecological, humane, historical or cultural values. 2. Wetlands which satisfy one of the criteria prescribed at Point 1 of this Section and have over 50% of the area of the natural eco-system shall be zoned off for conservation. II. CONSERVATION FORMS 1. Wetlands which satisfy the conservation criteria stated in Section I of this Part shall be zoned off for protection in the following forms: Ramsar reserve, nature reserve, species or biotope reserve (hereinafter generally called wetland reserves). The consideration and determination of forms of wetland reserve shall be based on the following factors: a/ Ramsar rnserves: Having peculiar or typical c~iaracteristics of a wetland and playing an important role in hydrology; ·- Being ab\e to support raro and precious or endangered animal and/or plant breeds and species; ·· Occupying a special position, being a habitat of animal and plant breeds and/or species at an important point of time in their life cycle; ~ Having important food sources; egg-laying or nursery grounds, migration routes of aquatic animals, especially -fishes, inside or outside the wetlands in areas which they rely on for their life. b/ Nature reserves: Having a typical eco-system with high bio diversity, where natural typical characteristics are still preserved. Being less affected by human beings. cl Species, blotope reserves: Playing an important role in the nature conservation, preserving the life and development of animal and plant breeds and species; BeiO\J able to conserve biotopes, animat and plant breeds and species; Having the presence of rare and precious animals and plants or being the habitats or migration places of rare and precious wild animals; •· Having ecological, humane, historical and/ or cultural values. 2. Wetlands which fail to fully meet the conservation criteria stated in Section I of thls Pc1rt but are of importance to the localities and zoned otl by tho provinc\a\/municipa\ Peop\o'r; Committous for protec'tion :,hall bo colloctivoly OFflCIAl. GAZETTE callc➔ ci wetland reserveB. Ill. ESTABLISHMENT OF WETLAND RESERVES 1. Responsibility for formulating projects to establish wetland reserves The responsibility for formulating projects to establish wetland reserves is defined as follows: a/ The Ministry of Natural Resources and Environment shall assume tl1e prime r esponsitiility for, and coordinate with other ministries, ministerial-level agencies, Government~attached agencies and provincial/ municipal People's ··Committees in, organizing the formulation of projects to establish wetland reserves o1 international or national importance, which are related to many branches and located in the territories of two provinces or centrally run clties and submit them to the Prime Minister for approval; bl The Ministry of Agriculture and Rural Development and the Ministry of Fisheries shall assume the prime responsibility for organizing the formulation of projects to establish wetland reserves of the(r own branches, whlch are ot international or national importance and located in tile territories of two provinces or centrally~ run cities, then submit them to the Ministry of Natural Resources and Environment for projects to establish we11and re::-,erves which are wholly located in the areas under their management, then subrnit U10rn to the provincial/ municipal People's Cornmittees for approval. 2. Contents of projects to establish wetland reserves A project to establish a wetland reserve shall contain the following principal contents: a/ The results o1 detailed survey and evaluation of the wetland proposed to be reserved; bl The boundary and area of the wetland to be reserved, enclosed with the extracted map of the reserve; cl The assessment of the socio-economic f mpacts on the zonihg off of area for e$tablishmeot of the wetland reserve and the plan on support for the subjects affected by such establishment;. d/ The establishment of the Managing Board, the draft management regulations, and the management plan for each type of reserve; el ln\leS.trnent \terns 1m conservation of the wetland. IV. .MANAGEMENT OF WETLAND RESIERVES evaluation and submission to the Prime Minister 1. Delimitation of boundaries, areas and for approval; functional sub-zones of reserves c/ The provincial/municipal Natural Besources and Environment Services shall assume the prime responsibility for, and coordinate with concerned Sorvices and branches in, organizing the formulation of a/ Basing themselves on the wetland reserve establishment decisions, the provincial/ municipal People's Committees shall direct the delimitation ot the bound;)ries and areas of the reserves and issue decisions to assign land to Of FICIAL GAZETTE the reserve management agencies. b/ The age~1cies assigned to manage the wetland reserves shall assume the prime responsibility for, and coordinate with t11e People's Committees of the communes, wards or townships (hereinafter collectively called communes} where the reserves are located in, placing landmarks to delirnitate 1he boundaries of the reserves. c/ Depending on the conservation objectives, a wetland reserve shall be divided into the following functional sub~zones: The strictly protected sub-zone, where the natural eco-systems must be kept intact; The ecological restoration sub-zone, where natural eco-system restoration and development activities are carried out; The service-administration sub-zone, where the reserve management boards; working offices and houses, research-experimentation, tourist and sight-seeing, recreation and entertainment service facilities are built. 2. Management boards Wetland reserves prescribed in Clause 1 , Article 1 2 of Decree No. 1 09/2003/N D-C P mu st have management boards. The tasks, powers and organizational structure of the management boards shall be approved together with the decisions on establishment of the wetland reserves. a/ Tasks and powers: A wetland reserve management board has the followin9 tasks and powers: To forrn1 ,late tho reservc/s organiz;:\tion nnd operation regulations and investment projects for development of the reserve, submit U1em to competent State agencies for approval; To make annua! plans and cost estimates for activities of the board, fundings for investment and capital construction to develop the reserve, submit them to competent State agencies for approval; manage the usH of assigned assets and budgets according to law provisions; To organize the execution of investment projects on development of the wetland reserve after they are approved by competent State agencies; To organize surveys and monitoring of the development of natural resources in· the.wetland . : ··,. . . , especially rare and precious anim al ·and plant species and those species which Tieed to be . . conserved; coUect statistics off arid inventory resources, periodically report 'them to the immediate superior agencies, the provincial/ municipal Natural Resources and Environment Service of the locality where the reserve is located and the Environmental Protection t. '.)ency under the Ministry of Natu rat Resources and Environment; To organize observation, monitoring and evaluation of the development of environmental elements in .the area and their impacts on the eco-system and landscape of the wetland reserve; To organize the archival and processing of data in service of the statistical work, inventory and management of wetland natural resources; To organize scientific research, cultural and social activities and the provision of charged sr:':!rvices, which are rel,1 ted to the reserve, according to law provisions. OFFIG!/\J.. G/--\Zf::"/"TE bl Organizational structure For Ramsar reserves, U1e orga11i1Dtio1ial structure is composed of +Ahead; + A deputy head; + Members, inducting the presidents or vice presidents of the People's Committees of t11e commune in the Ramsar reserve and the communes in the buffer zone; the commanders of the border guard posts based in the Ramsar reserve and the buffer zone; the head ot the .-ang.Jr ~,-.ation; representa1ives o1 \o: ,;,\i .-,g0nclos in charge ofnatura:I resources and environment, agriculture and rural development and tisl1erles; + function;, sections. For other wetland reserves; the organizatido~I structure is composed of: +Ahead oi-·a director; + A deputy head or a deputy director; + Functit;:>na\ sections. 3. Wetland reserve ·· management regulations·.· . .. a/ Each wetland reserve must has its own management regulation with the following principal contents: Prohibition regulations; Modes of managing and developing 1unctional sub-zones and butter area; Modes ot matmging sighH,eoing and tourist services, scientific researd1 and other activities witl1in the area of the wetland reserve. b/ The wetla.nd reserve➔ rnanagernnnt regulations must be approved by tho competent a9cncios togafhor' winr the wetland rnserw; ostatJlishrnent dec·1sions. c/ Thu t,sta1Jlish1non1. oi wetland reser'vE;::; or land areas which t·w.ve been assigned or teasec for use shall comply with the provisions of land legislation and a rriechanism for coordination between the reserve management boards and the subjects assigned or leased land by the State must be formulated to ensure the legitimate rights and interests of land users and 10 protect the wetland reserves. cl/ Hi!?,1orica\ and c ... 1tural relics in wetlands shall be managed according to law provisions on cultural heritages, Decree No. 109/2003/ND CP, other law provisions a:nd this Circular. 4. The ft.mowing activities are strictly pr"ohlbited in wetland reserves:· a/ Fo'r- the entire wetland reserves: Infringing upon wetlands; badly affecting the habitats and·. breeding grounds of animal and plant species; Using electric shocks, explosives, toxic substances, and other destructive forms in fishing aquatic resources; Hunting animals and plants which are protected in the reserves; wild and aquaHc animals and plants; Mining in any forms; Eroding canal, ditch, pond and lake banks; dralning wetlands; \\\ega\!y encroachinf;j°, occupyin9, and altering the use purposes of, land; ~ Importing exotic animals and plant·, which m;::ty cause harrns to the natural environment O~~FICIAL GAZETTE Nos 05-06 (04-9-2004} and eco-system and bio-diversity; Migrating people from elsewhere to live and settle down in any forms in the reserves; Rearing cattle and poultry; raising aquatic resources on an industrial scale; Causing environmental pollution, including noise and vibration, in excess of the permitted levels. b/ For ecological rehabilitation sub-zones, apart from the prohibited activities prescribed at Point a of this Clause, the following activities are also prohibited: Building works, hou ses; Exploltlng forestry and aquatic products in all forms. cl For strictly protected sub-zones, apart from the prohibited activities prescribed at Points a and b of this Clause, the following activities are also prohibited: Gathering specimens of minerals, wild animals, aquatic animals and plants, micro organisms; Sight-seeing tours in all forms. 5. Activities, residence in reserves a/ Households which are living in the reserves must not develop and expand their residential areas; in case of separation of households or setting up of new ones, the separated or newly~ set up households must move out of Hie reserves. The reserve management boards shalt draw up plans for cases of relocation of dwe!Hng houses or works out of their reserves, subrnit thern to compotent State agencies for consideration and decision. b/ Households which are living in the reserves or their buffer zones are encouraged to participate in protecting and developing the eco systems of the wetland reserves. c/ Organizations operating and individuals living in the reserves must comply with the provi$ions of Decree No. 109/2003/ND~CP, th\s Circular and the reserve management regulations. V. MANAGEMENT OF BUFFER ZONES OF WETLAND RESERVES 1. Buffer zones · must be. established around wetland reserves. They cover the remaining areas of the communes which have pa.rt of their areas belonging to the wetland reserves or which are adjacent to the wetland reserves. Where the remaining area of a commune in the buffer zone is less than one third of the entire area of the commune, the administrative boundaries of the adjacent commune will be included in the buffer zone ot t:i2 .conc01Ti8d wetland reserve. 2. All investment projects within the buffer zones must aim to protect the wetland reserves concerned, develop vocations for increasing the incomes and raising the living standards of inhabitants In the buffer zones, reducing adverse pressures on the reserves. 3. A\\ activities carried out in the buffer zones must not adversely affect the management and protection of the wetland rese(ves concerned. 4. Al! !eve!s of administrations of the localities Nos 05-06 (04-9-2004) OFFICIAi. GAZETTE which !1ave part or wl1ole of iheir areas included in the reserves or buHer zones, agencies and units carrying out activities in the buffer zones or related to the roservos or buffer zones shall have to collaborate with the reserve management boards in managing and protecting the reserves and buffer zones. Part Ill ORGANIZATION OF IMPLEMENTATION 1. From now till 2006, the following tasks shall be purtormed: al To complete the survey and pltmning of the conservation and sustainable development of wetlands nationwide; bl To zone off for protection and establishment .. . . of wetland reserves, first of all those of international or national importance which are being infrlnged upon; adjust the scope of the protective areas of the existing wetland reserves in case of necesslty; cl To perfect the managerial apparatuses, review and supplement the wetland reserve centrally-run cities where exist wetlands shall direct the organization of the conservation and sustainable d0velopment of wetlands under the provisions of Decree No. 109/2003/ND"CP and this Circular. 4. The Environment Department, the Environmental Impact Evaluation and Assessment Department; t11e Environmental Protection Agency, the Water Resource Management Department, the tnspectorate ot the Ministry of Natural Resources and Environrn0r.t shal!, ai:::,:ording to their functions, have to assist the Minister in performing the function of State management over conservation and sustainable development of wetlands nationwide. 5. Tt1e provincial/municipal Natural Resources and Environment Services of the localities where exist wetlands shall have to assist the provincial/municipal People's Committees in performing the State management over wetlands according to the provisions of Decree No. 109/2003/ND~CP and this Circular. management regulations according to the 6. This Circular takes lmp(ementation effect provisions of this Circular. 15 days after its publication in the Official 2. To regularly intensify the examination and inspection of the observance bf laws on conservation and sustainable development of wetlands; promptly de1ect and handle according to law violations of the conservation and sustainable development of wetlands. 3. Tt1e Ministry of Agriculture and Rural Development, the Ministry of Fislleries a.nd the People's Committees of the provinces and Gazette. Any problems ansmg in t\10 course of implementation should be promptly reported in writing to Hie Ministry of Natural Resources and Environment for conslderatfon and settlement or appropriate amendment and supplement. Minister of Natural Resources and Environment MAI Al TRIJC