Decree No. 40/2016/ND-CP dated May 15, 2016 of the Government detailing a number of articles of the Law on Marine and Island Resources and Environment

DECREE

Detailing a number of articles of the Law on Marine and Island Resources and Environment[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 25, 2015 Law on Marine and Island Resources and Environment;

At the proposal of the Minister of Natural Resources and Environment;

The Government promulgates the Decree detailing a number of articles of the Law on Marine and Island Resources and Environment.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Law details Articles 11, 14, 22, 23, 25, 29 and 36; Clause 1, Article 40; Clause 3, Article 54; Clause 2, Article 58; Clause 4, Article 60; and Clause 3, Article 76, of the Law on Marine and Island Resources and Environment, covering:

1. Formulation, appraisal, approval and implementation of the strategy on sustainable exploitation and use of marine and island resources and protection of the marine and island environment.

2. Scope of coastal zones; formulation, appraisal, approval and adjustment of the master plan on sustainable exploitation and use of coastal resources; and formulation, appraisal, approval and adjustment of programs on integrated management of coastal resources.

3. Key program on baseline survey of marine and island resources and environment.

4. Coast protection corridors; and restricted activities within coast protection corridors.

5. Classification of islands.

6. Identification and notification of restricted areas to prioritize salvage, rescue and incident response activities.

7. Grant, re-grant, extension, modification and supplementation, permission for return, or revocation of dumping permits; and list of materials and substances allowed to be dumped at sea.

8. Mechanism of coordination among ministries, sectors and localities in integrated management of marine and island resources and protection of the marine and island environment.

Article 2.Subjects of application

This Decree applies to agencies, organizations and individuals engaged in activities related to integrated management of marine and island resources and protection of the marine and island environment of Vietnam.

Chapter II

FORMULATION, APPRAISAL, APPROVAL AND IMPLEMENTATION OF THE STRATEGY ON SUSTAINABLE EXPLOITATION AND USE OF MARINE AND ISLAND RESOURCES AND PROTECTION OF THE MARINE AND ISLAND ENVIRONMENT

Article 3.Formulation of the strategy

1. The Ministry of Natural Resources and Environment shall prepare an outline of the strategy and send it to related ministries and sectors and People’s Committees of coastal provinces and centrally run cities (below collectively referred to as People’s Committees of coastal provinces) for opinion. Such outline must have the following principal contents:

a/ Necessity, urgency and practical significance of the strategy;

b/ Bases for formulating the strategy;

c/ Scope, period and vision of the strategy;

d/ Orientations and major contents of the strategy.

2. Based on the opinions of the agencies prescribed in Clause 1 of this Article, the Ministry of Natural Resources and Environment shall draft the strategy and collect opinions on such draft under Article 4 of this Decree, and organize a strategic environmental assessment in accordance with the law on environmental protection.

Article 4.Collection of opinions on the draft strategy

1. The Ministry of Natural Resources and Environment shall:

a/ Send the draft strategy, together with an explanation report and a draft report for approval of the strategy, to other ministries, ministerial-level agencies, government-attached agencies and People’s Committees of coastal provinces for opinion;

b/ Publish the full texts of the draft report for approval of the strategy, the draft strategy and the explanation report on the websites of the Government, the Ministry of Natural Resources and Environment and People’s Committees of coastal provinces.

2. The consulted agencies shall give their written replies within 30 days after receiving a written request from the agency in charge of formulating the strategy.

People’s Committees of coastal provinces shall collect opinions on the draft strategy from related local communities, organizations and individuals; and summarize and send such opinions to the Ministry of Natural Resources and Environment.

3. The Ministry of Natural Resources and Environment shall accept and respond to opinions of related agencies, organizations, individuals and communities; and publish a report summarizing its acceptance of and response to these opinions on the websites of the Government, the Ministry of Natural Resources and Environment and People’s Committees of coastal provinces.

Article 5.Appraisal of the strategy

1. A dossier for appraisal of the strategy must comprise:

a/ A written request for appraisal of the strategy;

b/ A draft report for approval of the strategy;

c/ The draft strategy and explanation report;

d/ A report on the results of appraisal of the report on strategic environment assessment as prescribed by law;

dd/ A report summarizing the acceptance of and response to opinions of related agencies, organizations, individuals and communities.

2. Appraisal contents include:

a/ Bases for formulating the strategy;

b/ Directing viewpoints and principles, vision and objectives of the strategy;

c/ Satisfaction and feasibility of the strategy with the requirements on integrated management of marine and island resources and protection of the marine and island environment for sustainable development.

3. The strategy shall be appraised by an appraisal council formed by the Minister of Natural Resources and Environment and composed of a chairperson being a leader of the Ministry of Natural Resources and Environment, a vice chairperson, 2 critical members, a member acting as secretary, and other members being representatives of related ministries and sectors, and experts and scientists.

4. Within 30 days after being formed, the appraisal council shall appraise the strategy and send a report on the appraisal result to the agency in charge of formulating the strategy for finalizing the draft strategy.

Article 6.Approval and announcement of the strategy

1.  The Ministry of Natural Resources and Environment shall complete a dossier for the strategy and submit it to the Government for approval.

2. A dossier submitted to the Government for approval of the strategy must comprise:

a/ A report for approval of the strategy;

b/ The draft strategy and explanation report;

c/ A report on the strategy appraisal result;

d/ A report on the result of appraisal of the report on strategic environmental assessment as prescribed by law;

dd/ A report summarizing the acceptance of and response to opinions of the appraisal council and related agencies, organizations, individuals and communities;

e/ The Government’s draft resolution approving the strategy.

3. Within 30 days after the strategy is approved by the Government, the Ministry of Natural Resources and Environment shall announce the strategy and make it available to the public throughout its period.

Article 7.Implementation of the strategy

1. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with other ministries, ministerial-level agencies and People’s Committees of coastal provinces in, organizing and examining the implementation of the strategy on sustainable exploitation and use of marine and island resources and protection of marine and island environment.

2. Ministries, ministerial-level agencies and People’s Committees of coastal provinces shall review and propose amendments and supplements to their sectoral or local strategies that have contents relating to the exploitation and use of natural resources and environmental protection to conform with the strategy on sustainable exploitation and use of marine and island resources and protection of marine and island environment.

3. Every 5 years, the Ministry of Natural Resources and Environment shall assess the implementation of the strategy and, when necessary, propose the Government to adjust the strategy to meet socio-economic development requirements.

Chapter III

SCOPE OF COASTAL ZONES; FORMULATION, APPRAISAL, APPROVAL AND ADJUSTMENT OF THE MASTER PLAN ON SUSTAINABLE EXPLOITATION AND USE OF COASTAL RESOURCES; FORMULATION, APPRAISAL, APPROVAL AND ADJUSTMENT OF PROGRAMS ON INTEGRATED MANAGEMENT OF COASTAL RESOURCES

Section 1

SCOPE OF COASTAL ZONES; FORMULATION, APPRAISAL, APPROVAL AND ADJUSTMENT OF THE MASTER PLAN ON SUSTAINABLE EXPLOITATION AND USE OF COASTAL RESOURCES

Article 8.Scope of coastal zones

1. Coastal zones include inshore sea areas and coastal land areas.

2. An inshore sea area has an inner limit being the mean low tide line over a period of many years (18.6 years) and an outer limit which is 6 nautical miles away from the mean low tide line over a period of many years as identified and announced by the Ministry of Natural Resources and Environment.

3. Coastal land areas include communes, wards and townships with sea areas.

Article 9.Formulation of the master plan on sustainable exploitation and use of coastal resources

1. The Ministry of Natural Resources and Environment shall prepare an outline of the master plan and send it to related ministries and sectors and People’s Committees of coastal provinces for opinion. Such outline must have the following principal contents:

a/ Necessity, urgency and practical significance of the master plan;

b/ Bases for formulating the master plan;

c/ Scope, period and vision of the master plan;

d/ Objectives, orientations and major contents of the master plan.

2. Based on the opinions of the agencies prescribed in Clause 1 of this Article, the Ministry of Natural Resources and Environment shall draft the master plan and collect opinions from related agencies, communities, organizations and individuals under Article 10 of this Decree; and organize a strategic environmental assessment in accordance with the law on environmental protection.

Article 10.Collection of opinions on the draft master plan on sustainable exploitation and use of coastal resources

1. The Ministry of Natural Resources and Environment shall send the draft master plan, enclosed with an explanation report, to other ministries, ministerial-level agencies, government-attached agencies, People’s Committees of coastal provinces and related organizations, individuals and communities for opinion under Clause 1, Article 30 of the Law on Marine and Island Resources and Environment.

2. The consulted agencies shall give their written replies within 30 days after receiving a written request from the Ministry of Natural Resources and Environment.

Article 11.Appraisal and approval of the master plan

1. The approval of the master plan must comply with the law on planning.

2. A dossier submitted to the Government for approval of the master plan must comprise:

a/ A written report for approval of the master plan;

b/ The draft master plan and explanation report;

c/ A report on the master plan appraisal result;

d/ A report on the result of appraisal of the report on strategic environmental assessment as prescribed by law;

dd/ A report summarizing the acceptance of and response to opinions of related agencies, organizations, individuals and communities;

e/ The Government’s draft resolution approving the master plan.

Article 12.Adjustment of the master plan

The order of formulating, appraising, and approving adjustments to, the master plan is the same as that for formulation, appraisal and approval of the master plan prescribed in this Decree.

Section 2

FORMULATION, APPRAISAL, APPROVAL AND ADJUSTMENT OF PROGRAMS ON INTEGRATED MANAGEMENT OF COASTAL RESOURCES

Article 13.Period of a program on integrated management of coastal resources

The period of a program on integrated management of coastal resources shall be determined based on the program’s objectives and issues to be settled for integrated management.

Article 14.Formulation of a program on integrated management of coastal resources

1. The Ministry of Natural Resources and Environment shall prepare an outline of an inter-provincial program on integrated management of coastal resources and send it to related ministries, sectors and People’s Committees of coastal provinces for opinion.

2. The People’s Committee of a coastal province shall prepare an outline of a program on integrated management of coastal resources within its province or city and send it to the Ministry of Natural Resources and Environment and related ministries and sectors for opinion.

3. The outline of a program must have the following principal contents:

a/ Necessity, urgency and practical significance of the program;

b/ Principles of and bases for formulating the program;

c/ Objectives and duration of the program;

d/ Scope and boundary of the coastal zone covered by the program;

dd/ Issues to be settled for integrated management;

e/ Major contents of the program; and indicators for assessing its implementation result.

4. Based on the agencies’ opinions on the outline, the agency in charge of formulating the program shall draft the program and collect opinions from related agencies, communities, organizations and individuals.

Article 15.Collection of opinions on a program on integrated management of coastal resources

1. For an inter-provincial program, the program-formulating agency shall send the draft program, enclosed with an explanation report, to related ministries, sectors and People’s Committees of coastal provinces for opinion. For a program within a province or centrally run city, the program-formulating agency shall send the draft program, enclosed with an explanation report, to related ministries and sectors for opinion.

2. The collection of opinions of related organizations, individuals and communities must comply with Clause 1, Article 37 of the Law on Marine and Island Resources and Environment.

3. The consulted agencies shall give their replies within 30 days after receiving a written request for opinion.

4. The agency in charge of formulating the program shall make a report on its acceptance of and response to opinions of related agencies, organizations, individuals and communities, and publish the report on the websites of the Government, the Ministry of Natural Resources and Environment and People’s Committees of coastal provinces.

Article 16.Appraisal of a program on integrated management of coastal resources

1. A dossier for appraisal of a program must comprise:

a/ A written request for appraisal of the program;

b/ The draft program and explanation report;

c/ Report summarizing the acceptance of and response to opinions of related agencies, organizations, individuals and communities.

2. Appraisal contents include:

a/ The dossier’s format and content;

b/ The suitability of the coastal zone selected for the formulation of the program under Clause 2, Article 34 of the Law on Marine and Island Resources and Environment;

c/ Scientific and practical grounds for selection of issues to be settled and the order of priority for the settlement of these issues to serve integrated management; and indicators for assessing the program implementation result;

d/ Solutions and tasks for the program implementation;

dd/ Resources for the program implementation.

3. The program shall be appraised by an appraisal council according to the following provisions:

a/ A council for appraising an inter-provincial program on integrated management of coastal resources shall be formed by the Minister of Natural Resources and Environment and composed of a chairperson being a leader of the Ministry of Natural Resources and Environment, a vice chairperson, 2 critical members, a member acting as secretary, and other members being representatives of related ministries, sectors and People’s Committees of coastal provinces, and experts and scientists;

b/ A council for appraising a program on integrated management of coastal resources within a province or centrally run city shall be formed by the People’s Committee of the concerned coastal province and composed of a chairperson being a leader of the People’s Committee, a vice chairperson, 2 critical members, a member acting as secretary, and other members being representatives of related departments, sectors and district-level People’s Committees, and experts and scientists.

4. Within 30 days after being formed, the appraisal council shall appraise the program and send a report on the appraisal result to the agency in charge of formulating the program for finalizing the draft program.

Article 17.Approval of a program on integrated management of coastal resources

1. A dossier for approval of the program must comprise:

a/ A report for approval of the program;

b/ The draft program and explanation report;

c/ A report on the program appraisal result;

d/ A report summarizing the acceptance of and response to opinions of the appraisal council and related agencies, organizations, individuals and communities on the draft program;

dd/ A draft decision approving the program.

2. Competence to approve and adjust a program

a/ The Prime Minister may approve and adjust an inter-provincial program on integrated management of coastal resources;

b/ The People’s Committee of the concerned coastal province may approve and adjust a program on integrated management of coastal resources under its management after obtaining written opinions from the Ministry of Natural Resources and Environment. Within 5 working days after approving the program, the People’s Committee of the concerned coastal province shall send the program-approving decision to the Ministry of Natural Resources and Environment for monitoring and inspection.

Article 18.Evaluation of implementation of a program on integrated management of coastal resources

1. Upon completing the implementation of a program, the agency submitting the program for approval shall evaluate the program implementation result.

2. Evaluation contents include:

a/ The process of organizing the implementation of the program;

b/ Achieved results against set objectives and indicators for the evaluation; shortcomings, problems and causes;

c/ Positive impacts of the program implementation on socio-economic development, national defense, security, and coastal resources and environment;

d/ Contents that need to be adjusted or implemented for the subsequent program.

Article 19.Adjustment of a program on integrated management of coastal resources

1. A program on integrated management of coastal resources shall be adjusted when there is a change in one of the bases on which the program has been formulated prescribed in Clause 2, Article 35 of the Law on Marine and Island Resources and Environment, which results in the change of the objectives and contents of the approved program.

2. When adjusting a program, the agency in charge of the program shall evaluate the program implementation under Clause 2, Article 18 of this Decree.

3. The order of formulating, appraising, and approving adjustments to a program is the same as that for formulation, appraisal and approval of a program prescribed in this Decree.

Chapter IV

KEY PROGRAM ON BASELINE SURVEY OF MARINE AND ISLAND RESOURCES AND ENVIRONMENT

Article 20.Principles of and bases for formulating the program

1. Principles of formulating the program

a/ Being conformable with the strategy on sustainable exploitation and use of marine and island resources and protection of the marine and island environment;

b/ Ensuring inheritance; introducing solutions applying scientific and technological advances in the baseline survey of marine and island resources and environment;

c/ Ensuring feasibility and suitability with the State’s resources for baseline survey.

2. Bases for formulating the program

a/ The strategy on sustainable exploitation and use of marine and island resources and protection of the marine and island environment;

b/ Requirements of the integrated management of marine and island resources and protection of the marine and island environment;

c/ Potential of marine and island resources; demand for baseline survey and exploitation and use of marine and island resources and environment;

d/ Environmental protection requirements, and impacts of climate change and sea level rise on marine and island resources and environment;

dd/ Information and data from previous baseline surveys of marine and island resources and environment.

Article 21.Requirements on the program

The key program on baseline survey of marine and island resources and environment must meet the following requirements:

1. Satisfying the requirement of providing information and data on marine and island resources and environment for management, marine economic development, and assurance of national sovereignty and defense and security.

2. Inheriting information and data from baseline surveys and scientific researches already conducted in the area where the survey is planned to be conducted; rationally integrating survey contents of baseline surveys of marine and island resources and environment conducted in a certain area.

3. Determining an order of priority in conducting the baseline survey of marine and island resources and environment based on objects and areas of survey to suit the State’s available resources in each period.

4. Building the capacity for integrated management of marine and island resources and protection of the marine and island environment; step by step improving physical foundations and equipment for baseline survey activities.

Article 22.Steps of formulating the program

1. Proposing projects, schemes and tasks to be included in the program.

2. Summarizing and reviewing projects, schemes and tasks and making a draft program.

3. Collecting opinions on the draft program.

4. Approving the program.

Article 23.Proposing projects, schemes and tasks to be included in the program

1. Ministries, ministerial-level agencies, government-attached agencies and People’s Committees of coastal provinces shall propose projects, schemes and tasks to be included in the key program on baseline survey of marine and island resources and environment under the guidance of the Ministry of Natural Resources and Environment.

2. Ministries, ministerial-level agencies, government-attached agencies and People’s Committees of coastal provinces shall, based on the demands for baseline survey of marine and island resources and environment of their sectors, fields and localities and in pursuance to Clause 2, Article 13 of the Law on Marine and Island Resources and Environment, send a written proposal of projects, schemes and tasks to be included in the program, enclosed with a list and preliminary outlines of these projects, schemes and tasks. Such list and outlines shall be made according to forms No. 01 and No. 02, respectively, provided in the Appendix to this Decree.

Article 24.Summarization and review of projects, schemes and tasks and making of a draft program

1. The Ministry of Natural Resources and Environment shall summarize and review projects, schemes and tasks to be included in the program according to the principles, bases and requirements prescribed in Articles 20 and 21 of this Decree.

2. Based on the summarization and review results, the Ministry of Natural Resources and Environment shall make a draft key program on baseline survey of marine and island resources and environment, which must have the following contents:

a/ Directing viewpoints and objectives of the program;

b/ Scope and period of the program;

c/ Tasks of the program;

d/ Solutions, human resources and fund estimates for and implementation schedule of the program;

dd/ List of projects, schemes and tasks of the program;

e/ Organization of implementation of the program.

Article 25.Collection of opinions on the draft program

1. The Ministry of Natural Resources and Environment shall send the draft program, enclosed with an explanation report, to the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs and the Ministry of Science and Technology for opinion.

2. The Ministry of Natural Resources and Environment shall summarize, study, respond to and accept opinions of the ministries mentioned in Clause 1 of this Article for finalizing the draft program.

Article 26.Approval of the program

1. The Ministry of Natural Resources and Environment shall submit the program to the Prime Minister for approval.

2. A dossier submitted to the Prime Minister for approval of the program must comprise:

a/ A report for approval of the program;

b/ The draft program and explanation report;

c/ A report summarizing the acceptance of and response to opinions of the ministries;

d/ A draft decision approving the program.

Article 27.Formulation, approval and adjustment of projects, schemes and tasks under the program; adjustment of the program

1. Ministries, ministerial-level agencies, government-attached agencies and People’s Committees of coastal provinces shall base themselves on the Prime Minister-approved key program on baseline survey of marine and island resources and environment to formulate, approve and implement projects, schemes and tasks under the program as assigned to them in accordance with law and this Decree.

2. Ministries, ministerial-level agencies, government-attached agencies and People’s Committees of coastal provinces shall develop projects, schemes and tasks and send written requests for opinions from the Ministry of Planning and Investment, the Ministry of Finance and other related ministries and sectors; and summarize, accept and respond to opinions of these ministries and sectors for finalizing their projects, schemes and tasks.

Projects, schemes and tasks under the program shall be sent to the Ministry of Natural Resources and Environment for opinion before they are approved and for summarization and management after they are approved.

3. In the course of implementation of an approved project, scheme or task, if it needs to be adjusted due to an objective cause or a risk at sea, such adjustment must comply with the following provisions:

a/ If the adjusted contents do not result in a change of the objectives or products of the project, scheme or task, the agency that has approved such project, scheme or task shall decide to approve the adjustments and send a dossier of the adjustments to the Ministry of Natural Resources and Environment;

b/ If the adjusted contents result in a change of the objectives or products of the project, scheme or task, the adjustment of such project, scheme or task must follow the order prescribed in Clause 2 of this Article.

4. Adjustment of the key program on baseline survey of marine and island resources and environment

a/ The key program on baseline survey of marine and island resources and environment shall be adjusted when there is a change in one of the bases for formulating the program prescribed in Clause 2, Article 20 of this Decree which results in the change of the objectives, scope and contents of the approved program, or when there arises an unexpected requirement to serve socio-economic development or ensure national defense and security;

b/ The order of formulating and approving adjustments to the program is the same as that for formulation and approval of the program prescribed in this Decree.

Article 28.Organization of implementation of the program

1. The Ministry of Natural Resources and Environment shall:

a/ Organize, monitor and inspect the implementation of the approved key program on baseline survey of marine and island resources and environment;

b/ Evaluate the implementation of the program upon its completion or before it is adjusted.

2. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and the Ministry of Natural Resources and Environment in, guiding the management and use of state budget funds for implementation of projects, schemes and tasks under the key program on baseline survey of marine and island resources and environment.

3. Ministries, ministerial-level agencies, government-attached agencies and People’s Committees of coastal provinces shall:

a/ Formulate, approve, adjust, and organize the implementation of, projects, schemes and tasks assigned to them under the key program on baseline survey of marine and island resources and environment;

b/ Annually send reports on implementation of the assigned projects, schemes and tasks to the Ministry of Natural Resources and Environment for summarization and reporting to the Prime Minister;

c/ Coordinate with the Ministry of Natural Resources and Environment in organizing, monitoring and inspecting the implementation of the key program on baseline survey of marine and island resources and environment.

Article 29.Handover and archive of results of implementation of projects, schemes and tasks under the program

1. Results of implementation of projects, schemes and tasks under the key program on baseline survey of marine and island resources and environment shall be archived and handed over in accordance with law.

2. Within 30 days after a completed project, scheme or task is tested and approved, the organization that has implemented such project, scheme or task shall send to the Ministry of Natural Resources and Environment:

a/ A decision approving the result of the completed project, scheme or task enclosed with a list of products and documents;

b/ A report reviewing the result of the project, scheme or task and accompanying maps and documents, in paper electronic forms.

Article 30.Evaluation of implementation of the key program on baseline survey of marine and island resources and environment

1. Upon completing the implementation of the program or before the program is adjusted, the Ministry of Natural Resources and Environment shall assume the prime responsibility for evaluating the program implementation result.

2. Evaluation contents include:

a/ Process of implementation of the program;

b/ Outcomes against set objectives and requirements; shortcomings, problems and causes;

c/ The program’s contributions to socio-economic development and assurance of national defense and security;

d/ Contents that need to be adjusted or further implemented for the subsequent program.

Chapter V

COAST PROTECTION CORRIDORS, RESTRICTED ACTIVITIES WITHIN COAST PROTECTION CORRIDORS

Article 31.Making of a list of areas that require establishment of coast protection corridors

1. The People’s Committee of a coastal province shall, based on the principles of establishment of a coast protection corridor prescribed in Clause 2, Article 23 of the Law on Marine and Island Resources and Environment and guidance of the Ministry of Natural Resources and Environment, make a list of areas that require establishment of coast protection corridors. The provincial-level Natural Resources and Environment Department shall assist the provincial-level People’s Committee in making such list.

2. A list of areas that require establishment of coast protection corridors shall be made according to the following order:

a/ Collecting and synthesizing data on and assessing the actual conditions of coastal resources and environment;

b/ Identifying areas that require establishment of coast protection corridors;

c/ Collecting opinions of related agencies, organizations, individuals and communities on the draft list;

d/ Approving the list.

Article 32.Collection and synthesis of data on, and assessment of actual conditions of, coastal resources and environment

1. The collection and synthesis of data on, and assessment of actual conditions of, coastal resources and environment shall be conducted based on updated information and data sufficient for assessing the distribution, characteristics, potential and actual conditions of exploitation and use of coastal resources and environment.

2. Contents of data to be collected and synthesized to assess actual conditions of coastal resources and environment include:

a/ Natural conditions, natural resources and ecosystems;

b/ Natural landscapes and cultural heritages;

c/ Socio-economic development master plans and plans;

d/ Actual conditions of exploitation and use of natural resources;

dd/ Current environmental status and environmental pollution risks;

e/ Disaster developments and risks;

g/ Other relevant information and data.

Article 33.Identification of areas that require establishment of coast protection corridors

1. Areas that require establishment of coast protection corridors shall be identified and included in a list.

2. A draft list of areas that require establishment of coast protection corridors must have the following details:

a/ Areas that require establishment of coast protection corridors;

b/ Name, administrative boundary, geographical location and brief description of each area;

c/ Coordinates of two limit points of each area that requires establishment of a coast protection corridor on the mean high tide line over a period of many years;

d/ Purpose of and requirement on establishment of a coast protection corridor for each area.

Article 34.Collection of opinions from related agencies, organizations, individuals and communities on a draft list of areas that require establishment of coast protection corridors

1. A draft list of areas that require establishment of coast protection corridors shall be provided to related ministries, sectors, agencies, organizations, individuals and communities for opinion through organizing conferences, sending written requests or directly collecting opinions, and posting on the websites of the Natural Resources and Environment Department and People’s Committees of coastal provinces. The period of posting such draft list on the websites for opinion must be at least 45 days.

2. The draft list of areas that require establishment of coast protection corridors shall be finalized on the basis of opinions of related agencies, organizations, individuals and communities prescribed in Clause 1 of this Article. The contents of acceptance of and response to opinions shall be published on the websites of the Natural Resources and Environment Departments and People’s Committees of coastal provinces.

3. The People’s Committees of coastal provinces shall send a written request to the Ministry of Natural Resources and Environment for opinion on the draft list of areas that require establishment of coast protection corridors before it is approved.

Article 35.Approval of a list of areas that require establishment of coast protection corridors

1. The People’s Committee of a coastal province shall approve a list of areas that require establishment of coast protection corridors.

2. The provincial-level Natural Resources and Environment Department shall submit a list of areas that require establishment of coast protection corridors to the People’s Committee of the coastal province for approval. A dossier for approval of the list must comprise:

a/ A report for approval of the list;

b/ A draft decision approving the list, and the list;

c/ A report on the acceptance of and response to opinions from related agencies, organizations, individuals and communities on the draft list;

d/ Written opinions of related agencies, organizations, individuals and communities and a paper summarizing these opinions.

Article 36.Determination of the mean high tide line over a period of many years

1. Based on the data from observations, surveys and calculations of coastal sea water levels over the last 18.6 years by the time of determination of the mean high tide level over a period of many years, the Ministry of Natural Resources and Environment shall identify and announce points that typically represent the tide levels in the coastal areas of Vietnam.

2. Based on the points that typically represent the tide levels in the coastal areas of Vietnam announced by the Ministry of Natural Resources and Environment under Clause 1 of this Article, the People’s Committee of a coastal province shall identify and announce the mean high tide line over a period of many years in its locality under the guidance of the Ministry of Natural Resources and Environment.

Article 37.Width and limits of a coast protection corridor

1. The width of a coast protection corridor shall be determined based on typical planes to meet the requirement and objective of establishment of the corridor and suit practical conditions of the area where the corridor is established.

2. The width of a coast protection corridor on a typical plane is the maximum distance counting from the mean high tide line over a period of many years to:

a/ The line connecting the points with the computed maximum value to meet the requirement and objective of establishment of the corridor as prescribed in Clause 1, Article 23 of the Law on Marine and Island Resources and Environment;

b/ The outer limit of protection zone I of a historical-cultural relic as prescribed in the law on cultural heritages; or,

c/ The landward limit of a sea dike protection corridor as prescribed in the law on dikes.

In case the maximum distance measured from the mean high tide line over a period of many years to the line or limit prescribed at Point a, b or c of this Clause is shorter than 100 meters, the width of the coast protection corridor on that plane will be extended to 100 meters; if the natural width of an area where a coast protection corridor is established is narrower than 100 meters, the width of the corridor on that plane will be equal to the natural width of the area.

In case the maximum distance measured from the mean high tide line over a period of many years to the line or limit prescribed at Point a, b or c of this Clause is larger than the natural width of an area where a coast protection corridor is established, the width of the coast protection corridor on that plane will be equal to the natural width of the area.

3. Limits of a coast protection corridor

The outer limit of a coast protection corridor is the mean high tide level over a period of many years; the inner limit of a coast protection corridor, which lies landward or island-ward, is a line connecting the points with specified distances in between to ensure the corridor’s width as prescribed in Clauses 1 and 2 of this Article.

Article 38.Collection of opinions on, and approval of, limits of a coast protection corridor

1. Related agencies, organizations, individuals and communities prescribed in Article 34 of this Decree shall be consulted on the limits of a coast protection corridor before they are submitted for approval. The contents of acceptance of and response to opinions shall be posted on the websites of the Natural Resources and Environment Department and People’s Committees of coastal provinces.

2. The People’s Committee of a coastal province shall approve the limits of coast protection corridors. The provincial-level Natural Resources and Environment Department shall submit the limits of coast protection corridors to the People’s Committee of the coastal province for approval. A dossier for approval of the limits of a coast protection corridor must comprise:

a/ A report for approval of the limits of a coast protection corridor;

b/ A draft decision approving the limits of a coast protection corridor;

c/ A map showing the limits of a coast protection corridor, enclosed with an explanation report;

d/ A report on the contents of acceptance of and response to opinions of related agencies, organizations, individuals and communities on the limits of a coast protection corridor;

dd/ Written opinions of related agencies, organizations, individuals and communities and a paper summarizing these opinions.

Article 39.Announcement and placement of markers of a coast protection corridor

1. Within 20 days after approving the limits of a coast protection corridor, the People’s Committee of a coastal province shall announce such corridor in the mass media. A map showing the limits of a coast protection corridor shall be publicly displayed at the office of the People’s Committee of the coastal commune, ward or township and at the area where such corridor is established.

2. Within 60 days after the limits of a coast protection corridor are approved, the provincial-level Natural Resources and Environment Department shall organize the placement of markers.

Article 40.Adjustment of the limits of a coast protection corridor

1. The limits of a coast protection corridor shall be adjusted in the following cases:

a/ There is a big change in the mean high tide line over a period of many years in the area where the corridor is established;

b/ To meet an extraordinary requirement concerning national defense or security;

c/ The occurrence of a natural disaster or aforce majeureevent makes the corridor no longer satisfy the objectives and requirements mentioned in Clause 1, Article 23 of the Law on Natural Resources and Environment.

2. The adjustment of the limits of a coast protection corridor is the same as for the identification of the limits of a coast protection corridor prescribed in Articles 37 and 38 of this Decree.

Article 41.Restricted activities within a coast protection corridor

1. Exploitation of groundwater may be conducted only in emergency cases to serve disaster prevention and control or fire prevention and fighting or to remedy an environmental incident or for other purposes when there is no alternative water source for exploitation.

2. Seaward reclamation or encroachment and mineral or oil and gas exploration activities may be carried out only with the Prime Minister’s written approval.

3. An existing work may be renovated only if such renovation does not change the use purpose, scale, structure, depth or height of such work or helps better maintain and protect the coast protection corridor.

4. Production, business and service activities which are at risk of degrading coastal ecosystems or decreasing the service value of ecosystems and natural landscapes may be carried out only when there are solutions to address such risk without affecting the requirements and objectives of the establishment of a coast protection corridor.

5. In addition to the above restrictions, the activities mentioned in Clauses 1 thru 4 of this Article may be carried out only after being licensed by competent state management agencies under specialized laws.

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

1. The Ministry of Natural Resources and Environment shall:

a/ Issue technical regulations on establishment of coast protection corridors;

b/ Guide and direct localities in establishing and managing coast protection corridors in accordance with this Decree;

c/ Examine and inspect the implementation and handle violations of the law on management of coast protection corridors.

2. Related ministries and ministerial-level agencies shall, within the ambit of their functions, tasks and powers, coordinate with the Ministry of Natural Resources and Environment and People’s Committees of coastal provinces in establishing, managing and protecting coast protection corridors.

Article 43.Responsibilities of People’s Committees at all levels in the establishment, management and protection of coast protection corridors

1. People’s Committees of coastal provinces shall:

a/ Direct and organize the establishment of, announce and manage, coast protection corridors in accordance with the Law on Marine and Island Resources and Environment and this Decree; and disseminate the law on management and protection of coast protection corridors;

b/ Issue regulations on management and protection of coast protection corridors in localities; disseminate and educate about the law on management and protection of coast protection corridors;

c/ Examine and inspect the implementation and handle violations of the law on management and protection of coast protection corridors in localities.

2. People’s Committees of coastal rural districts, urban districts, provincial cities and equivalent administrative units shall:

a/ Organize the implementation of legal documents on management and protection of coast protection corridors; and disseminate the law on management and protection of coast protection corridors in localities;

b/ Take measures to protect unexploited or unutilized natural resources within coast protection corridors in accordance with law;

c/ Participate in building and coordinate in placing markers of coast protection corridors in localities;

d/ Manage and protect markers of coast protection corridors; and take responsibility for the encroachment or illegal use of land areas within coast protection corridors in localities;

dd/ Examine the observance of the law on management and protection of coast protection corridors in localities.

3. People’s Committees of coastal communes, wards and townships shall:

a/ Organize the implementation of legal documents on management and protection of coast protection corridors; and disseminate the law on management and protection of coast protection corridors;

b/ Coordinate in placing markers of coast protection corridors in localities;

c/ Protect markers of coast protection corridors; and take responsibility for the encroachment or illegal use of land areas within coast protection corridors in localities;

d/ Examine the observance of the law on management and protection of coast protection corridors in localities.

Chapter VI

CLASSIFICATION OF ISLANDS

Article 44.Classification of islands

Islands shall be classified into two groups below:

1. Archipelagos, islands, low-tide elevations and banks that need to be protected and conserved.

2. Archipelagos, islands, low-tide elevations and banks where natural resources may be exploited and used.

Article 45.Criteria for classification of islands

1. Archipelagos, islands, low-tide elevations and banks that need to be protected and conserved as prescribed in Clause 1, Article 44 of this Decree include archipelagos, islands, low-tide elevations and banks the entire area of which satisfies at least one of the following criteria:

a/ Being a national park, a national-level nature reserve, a national-level habitat conservation area or a national-level landscape protection area as prescribed by the law on biodiversity;

b/ Being a national relic or a special national relic as prescribed by the law on cultural heritages;

c/ Containing a point used for identification of the baseline;

d/ Being used for national defense and security purposes.

2. Archipelagos, islands, low-tide elevations and banks where natural resources may be exploited and used as prescribed in Clause 2, Article 44 of this Decree include archipelagos, islands, low-tide elevations and banks other than those mentioned in Clause 1 of this Article.

Article 46.Making and approval of a list of classified islands

1. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with other ministries, ministerial-level agencies and People’s Committees of coastal provinces in, making and submitting a list of classified islands to the Prime Minister of approval.

2. A draft list of classified islands shall be sent to related ministries, sectors and People’s Committees of coastal provinces for opinion before it is submitted to the Prime Minister for consideration and approval.

3. A dossier of a list of classified islands submitted to the Prime Minister for approval must comprise:

a/ A report for approval of the list;

b/ The draft list and an explanation report;

c/ Written opinions of the agencies mentioned in Clause 2 of this Article, enclosed with a paper summarizing the response to and acceptance of opinions;

d/ A draft decision approving the list.

Chapter VII

IDENTIFICATION AND NOTIFICATION OF RESTRICTED AREAS TO PRIORITIZE SALVAGE, RESCUE AND INCIDENT RESPONSE ACTIVITIES

Article 47.Restricted areas

1. Restricted areas shall be identified by competent state agencies.

2. The limits of a restricted area shall be identified on a case-by-case basis to meet the requirements of salvage, rescue and incident response activities.

The location and limits of a restricted area shall be shown on a nautical chart in both coordinate systems of VN-2000 and WGS-84 with a preciseness of up to 1/10 second. The depth of a restricted area is the depth of the shallowest point in the to-be-notified area, measured in meter to the chart datum, with a preciseness of up to 1/10 meter.

3. A restricted area shall be identified by the lines connecting the closed-angle points with specified coordinates and shown on a nautical chart of an appropriate scale.

Article 48.Identification and notification of a restricted area

1. The agency or person in charge of salvage, rescue and incident response activities shall send a written request for establishment of a restricted area to prioritize salvage, rescue and incident response activities, enclosed with a nautical chart showing the proposed restricted area, to a competent state agency for identification and announcement of the restricted area in accordance with law.

2. A competent state agency shall identify and notify the restricted area to prioritize salvage, rescue and incident response activities. If the conditions for announcement are not yet fully satisfied, this agency shall issue a written reply, clearly stating the reason.

3. Notice of a restricted area

a/ Information on a restricted area shall be broadcast and transmitted on television and radio and in coast radio stations and other appropriate media of communication in a Notice to Mariners according to international maritime practices;

b/ The place name of the restricted area mentioned in a notice of a restricted area must be that stated in the nautical chart or other published maritime documents. If such place name is not used in any of the above documents, the local common name shall be used;

c/ A notice of a restricted area shall be expressed in Vietnamese and English;

d/ A notice of a restricted area must specify the starting and ending points of time of its validity.

Chapter VIII

GRANT, RE-GRANT, EXTENSION, MODIFICATION AND SUPPLEMENTATION, PERMISSION FOR RETURN AND REVOCATION OF DUMPING PERMITS; THE LIST OF MATERIALS AND SUBSTANCES ALLOWED TO BE DUMPED AT SEA

Article 49.Grant of dumping permits

1. An organization or individual may be considered for grant of a dumping permit when it/he/she fully satisfies the following conditions:

a/ Its/his/her materials and substances to be dumped at sea satisfy the conditions prescribed in Clause 1, Article 58 of the Law on Marine and Island Resources and Environment;

b/ It/he/she has a dumping plan that meets the requirements prescribed in Clause 4, Article 57 of the Law on Marine and Island Resources and Environment;

c/ The maritime zone where dumping is requested conforms to the approved master plan on use of maritime zones and master plan on sustainable exploitation and use of coastal resources.

In case the master plan on use of maritime zones and master plan on sustainable exploitation and use of coastal resources are not yet available, the maritime zone where dumping is requested shall be considered on the basis of an environmental impact assessment report approved by a competent state agency in accordance with the law on environmental protection.

2. A dumping permit must contain the details prescribed in Clause 1, Article 59 of the Law on Marine and Island Resources and Environment and be made according to form No. 11 provided in the Appendix to this Decree.

3. No dumping permit shall be granted for a maritime zone where marine resources are lawfully exploited and used by an organization or individual, or where activities are prohibited, temporarily prohibited or restricted.

Article 50.Extension of dumping permits

1. A dumping permit shall be considered for extension in case its remaining validity duration is not enough for completion of permitted dumping activities and its holder wishes to have it extended.

2. The extension of a dumping permit may only be considered when the following conditions are satisfied:

a/ The permit remains valid for at least 60 days;

b/ The permit holder carries out dumping activities strictly according to the permit’s contents; and has fulfilled all financial obligations in accordance with law;

c/ By the time of request for extension of the permit, the permit holder has fulfilled the obligation prescribed in Clause 2, Article 61 of the Law on Marine and Island Resources and Environment.

3. Approval of the extension of a dumping permit is expressed by the extension of such permit.

Article 51.Modification and supplementation of dumping permits

1. A dumping permit may be modified and supplemented in the following cases:

a/ The name of the organization or individual permitted to carry out dumping activities has changed;

b/ The scale of dumping; limits and area of the maritime zone where dumping is carried out; dumping method; or time of dumping has changed.

2. The modification and supplementation of a dumping permit may only be considered when the following requirements are satisfied:

a/ The permit remains valid for at least 45 days;

b/ The permit holder carries out dumping activities strictly according to the permit, and has fulfilled the financial obligations prescribed by law;

c/ By the time of request for modification and supplementation of the permit, the permit holder has fulfilled the obligation prescribed in Clause 2, Article 61 of the Law on Marine and Island Resources and Environment.

3. The approval of modification and supplementation of a dumping permit is expressed by the modification and supplementation of such permit. The validity duration of a modified and supplemented dumping permit is the remaining validity duration of the previously granted permit.

Article 52.Return of dumping permits

1. An organization or individual may return a dumping permit when it/he/she no longer wishes to continue dumping activities.

2. Permission for return of a dumping permit may only be considered when the following requirements are satisfied:

a/ The permit remains valid;

b/ The permit holder carries out dumping activities strictly according to the permit’s contents, and has fulfilled the financial obligations prescribed by law;

c/ By the time of request for return of the permit, the permit holder has fulfilled the obligation prescribed in Clause 2, Article 61 of the Law on Marine and Island Resources and Environment.

3. Approval of the return of a dumping permit is expressed by a decision permitting the return of the permit, made according to form No. 12 provided in the Appendix to this Decree.

Article 53.Re-grant of dumping permits

1. A dumping permit may be considered for re-grant in case it is damaged, misplaced or lost.

2. The re-grant of a dumping permit may be considered when the following requirements are satisfied:

a/ The permit remains valid for at least 30 days;

b/ The permit holder carries out dumping activities strictly according to the permit’s contents, and has fulfilled the financial obligations prescribed by law;

c/ By the time of request for re-grant of the permit, the permit holder has fulfilled the obligation prescribed in Clause 2, Article 61 of the Law on Marine and Island Resources and Environment.

3. The re-grant of a dumping permit is effected by the grant of a copy of such permit.

Article 54.Dossiers of request for grant, re-grant, extension, modification and supplementation, and return of dumping permits

1. A dossier of application for a dumping permit must comprise:

a/ An application for a dumping permit, made according to form No. 04 provided in the Appendix to this Decree;

b/ A dumping project, prepared according to form No. 03 provided in the Appendix to this Decree;

c/ A copy accompanied by the original or a certified copy of the environmental impact assessment report approved by a competent state agency in accordance with law;

d/ A copy accompanied by the original or a certified copy of the enterprise registration certificate (in case the permit holder is an enterprise);

dd/ A map of the maritime zone where dumping is requested, made according to form No. 09 provided in the Appendix to this Decree.

2. A dossier of request for re-grant of a dumping permit must comprise:

a/ A written request for re-grant of a dumping permit, clearly stating the reason for the request, made according to form No. 05 provided in the Appendix to this Decree;

b/ A report on dumping activities and their results; environmental protection and performance of the obligations prescribed by law by the time of request for re-grant of the permit.

3. A dossier of request for extension of a dumping permit must comprise:

a/ A written request for extension of a dumping permit, made according to form No. 06 provided in the Appendix to this Decree;

b/ The granted dumping permit;

c/ A report on dumping activities and their results; environmental protection and performance of the obligations prescribed by law by the time of request for extension.

4. A dossier of request for return of a dumping permit must comprise:

a/ A written request for return of a dumping permit, made according to form No. 07 provided in the Appendix to this Decree;

b/ The granted dumping permit;

c/ A report on performance and results of dumping activities; environmental protection and performance of the obligations prescribed by law by the time of request for return.

5. A dossier of request for modification and supplementation of a dumping permit must comprise:

a/ A written request for modification and supplementation of a dumping permit, clearly stating the reason for the request, made according to form No. 08 provided in the Appendix to this Decree;

b/ The granted dumping permit;

c/ A report on dumping activities and their results; environmental protection and performance of the obligations prescribed by law by the time of request for modification and supplementation of the dumping permit;

d/ A copy accompanied by the original or a certified copy of an environmental impact assessment report approved by a competent state agency in accordance with the environmental protection law in case of request for modification and supplementation of the dumping permit due to a change in the dumping scale, boundary and area of the maritime zone used for dumping or dumping method;

dd/ A copy accompanied by the original or a certified copy of a document proving that the organization or individual permitted to carry out dumping activities has changed its/his/her name in case of request for modification of the dumping permit due to renaming;

e/ A map of the maritime zone where dumping is requested in case the limits and area of such zone change, made according to form No. 09 provided in the Appendix to this Decree.

Article 55.Receipt and notification of results of handling of dossiers of request for grant, re-grant, extension, modification and supplementation, or return of dumping permits

1. Agencies receiving dossiers:

a/ The Vietnam Administration of Seas and Islands shall receive dossiers of request for grant, re-grant, extension, modification and supplementation, or return of dumping permits falling under the competence of the Ministry of Natural Resources and Environment;

b/ Provincial-level Natural Resources and Environment Departments shall receive dossiers of request for grant, re-grant, extension, modification and supplementation, or  return of dumping permits falling under the competence of the People’s Committees of coastal provinces.

2. Mode of receipt and notification of results of handling of dossiers:

a/ Dossiers of request for grant, re-grant, extension, modification and supplementation, or return of dumping permits may be submitted directly or sent by post to the agencies specified in Clause 1 of this Article;

b/ Results of handling of dossiers may be notified directly at the dossier-receiving agencies or sent by post in accordance with law.

Article 56.Contents of examination of dossiers request for grant, re-grant, extension, modification and supplementation, or return of dumping permits

1. Completeness in terms of format and content of a dossier.

2. Satisfaction of the conditions prescribed in Clause 1, Article 58 of the Law on Marine and Island Resources and Environment by materials and substances to be dumped at sea.

3. Conformity of the maritime zone where dumping is expected to be carried out with the master plan on use of maritime zones and master plan on sustainable exploitation and use of coastal resources.

4. Satisfaction of the dumping plan of the requirements prescribed in Clause 4, Article 57 of the Law on Marine and Island Resources and Environment.

Article 57.Order of carrying out the procedures for grant, re-grant, extension, modification and supplementation or permission for return of dumping permits

1. The receipt of a dossier is prescribed as follows:

a/ An organization or individual that requests grant, re-grant, extension, modification and supplementation or return of a dumping permit shall submit 2 sets of the dossier to the dossier-receiving agency. For a dossier sent by post, the date of its receipt is the date the post office delivers the dossier to the dossier-receiving agency;

b/ The dossier-receiving agency shall examine the composition and contents of the dossier. If the dossier is proper, within 1 working day after receiving it, the dossier-receiving agency shall issue a receipt document and give an appointment for settlement, made according to form No. 14 provided in the Appendix to this Decree. If the dossier is improper, within 3 working days after receiving the dossier, the dossier-receiving agency shall give, for once, written instructions for the organization or individual to complete the dossier.

2. The examination of a dossier is prescribed as follows:

Within 60 days for a dossier of application for a dumping permit, 45 days for a dossier of request for extension or return of a dumping permit, 30 days for a dossier of request for modification and supplementation of a dumping permit, or 15 days for a dossier of request for re-grant of a dumping permit, after issuing a dossier receipt document, the dossier-receiving agency shall:

a/ Complete the examination of the dossier according to the contents prescribed in Article 56 of this Decree; and make a written conclusion of the examination.

In case of necessity, the dossier-receiving agency shall send a document to consult related agencies and hold a field inspection (the period of consulting related agencies and field inspection is not counted into the dossier examination period). Within 20 days after receiving the consultation document, consulted agencies shall give their opinions in writing on relevant matters;

b/ Send a document to the organization or individual to modify or complete the dossier according to the conclusion of the examination in case of necessity to modify the dossier.

3. The submission and handling of a dossier are prescribed as follows:

a/ Within 7 working days after the organization or individual modifies or completes the dossier, the dossier-receiving agency shall submit the dossier to the state management agency competent to grant dumping permits;

b/ Within 7 working days after the dossier-receiving agency submits the dossier, the state management agency competent to grant dumping permits shall consider and issue a decision to grant, re-grant, extend, modify and supplement, permit the return of, the dumping permit. In case of refusal to grant such a permit, it shall reply in writing, clearly stating the reason.

4. Notification of handling results

Within 3 working days after receiving the dossier handling result from the state management agency competent to grant dumping permits, the dossier-receiving agency shall notify such to the dossier-submitting organization or individual for coming to receive the results and performing related obligations as prescribed, and shall send the dumping permit to the related state management agencies.

Article 58.Revocation of dumping permits

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

a/ The permit holder takes advantage of dumping activities to affect national defense, security and national interests; undermine the order and safety at sea; or seriously affect the lawful exploitation and use of natural resources by other organizations and individuals;

b/ The permit holder carries out dumping activities at variance with the dumping permit, causing serious damage to natural resources, polluting or degrading the marine environment or ecosystem; takes advantage of dumping activities to use the maritime zone for another purpose;

c/ Three months from the date of permitted dumping stated the dumping permit, the permit holder still fails to carry out dumping activities, unless such activities cannot be carried out due to aforce majeureevent;

d/ The maritime zone in which dumping is permitted is used for the purpose of national defense, security or national interests in accordance with law or is announced by a competent authority as a restricted area;

dd/ The permit holder is dissolved or falls bankrupt in accordance with law.

2. The revocation of a dumping permit under Points a, b and c, Clause 1 of this Article shall be effected according to the following procedures:

a/ Within 7 working days after receiving the conclusion from a competent state agency that the permit holder violates one of the provisions of Points a, b and c, Clause 1 of this Article, the agency specified in Clause 1, Article 55 of this Decree shall propose a competent state management agency to revoke the dumping permit;

b/ Within 10 working days after receiving a written proposal on revocation of the dumping permit, a competent state management agency shall consider and decide on the revocation;

c/ Within 3 working days after a competent state management agency issues a decision on revocation of the dumping permit, the agency specified in Clause 1, Article 55 of this Decree shall send such decision to the permit holder and to related agencies.

3. The revocation of a dumping permit under Points d and dd, Clause 1 of this Article shall be effected according to the following procedures:

a/ Within 7 working days after a competent authority announces that the maritime zone where dumping is permitted must be used for the purpose of national defense, security or national interests in accordance with law or becomes a restricted area, or from the date the permit holder is dissolved or falls bankrupt, the agency specified in Clause 1, Article 55 of this Decree shall propose a competent state management agency to decide on revocation of the dumping permit;

b/ Within 10 working days after receiving a written proposal on revocation of the dumping permit, a competent state management agency shall consider and decide on the revocation;

c/ Within 3 working days after a competent state management agency issues a decision on revocation of the dumping permit, the agency specified in Clause 1, Article 55 of this Decree shall send such decision to the permit holder and to related agencies.

4. The revocation of a dumping permit is expressed by a decision made according to form No. 13 provided in the Appendix to this Decree.

5. For dumping permits revoked under Point d, Clause 1 of this Article, their holders shall be entitled to support and compensations in accordance with law.

Article 59.Invalidation of dumping permits

1. A dumping permit shall be invalidated in one of the following cases:

a/ It is revoked;

b/ It expires;

c/ Its return is permitted.

2. When a dumping permit is invalidated under Clause 1 of this Article, its holder shall dispose of works and equipment used for dumping activities and report the disposal result to a competent state management agency for inspection.

The agency specified in Clause 1, Article 55 of this Decree shall notify the invalidation of a dumping permit to related state management agencies.

Article 60.List of materials and substances allowed to be dumped at sea

The list of materials and substances allowed to be dumped at sea includes:

1. Dredged substances.

2. Waste sludge.

3. Wastes from aquatic products or from the processing of aquatic products.

4. Ships, boats, floating platforms or artificial works at sea.

5. Inert and inorganic geological matters.

6. Naturally occurring organic matters.

7. Big objects made largely of iron, steel, concrete and similar non-toxic substances for which, under specific conditions or circumstances, there are no disposal methods better than dumping.

8. Collected and deposited carbon dioxide (CO₂).

Chapter IX

MECHANISM OF COORDINATION IN THE INTEGRATED MANAGEMENT OF MARINE AND ISLAND RESOURCES AND PROTECTION OF THE MARINE AND ISLAND ENVIRONMENT

Article 61.Coordination purposes

1. Developing a mechanism for synchronous coordination among administrations and sectors from central to local levels in the integrated management of marine and island resources and protection of the marine and island environment.

2. Enhancing the responsibility of related ministries, sectors, agencies and organizations and the People’s Committees of coastal provinces to coordinate with one another; raising the effectiveness of the integrated management of marine and island resources and protection of the marine and island environment.

3. Raising the efficiency of the rational and economical exploitation and use of marine and island resources and protection of the marine and island environment, ensuring sustainable development.

Article 62.Coordination in the elaboration and implementation of the law on integrated management of marine and island resources and protection of the marine and island environment

1. The Ministry of Natural Resources and Environment shall assume the prime responsibility for:

a/ Preparing tentative annual and long-term programs on elaboration of legal documents on integrated management of marine and island resources and protection of the marine and island environment, and organize the implementation of such programs after they are approved;

b/ Reviewing and inspecting the implementation of legal documents on integrated management of marine and island resources and protection of the marine and island environment; monitoring the implementation of the law on integrated management of marine and island resources and protection of the marine and island environment.

2. The Ministry of Justice shall:

a/ Assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, preparing tentative programs on elaboration of legal documents on integrated management of marine and island resources and protection of the marine and island environment under the promugating competence of the National Assembly or the National Assembly Standing Committee;

b/ Coordinate with the Ministry of Natural Resources and Environment in reviewing and examining legal documents on integrated management of marine and island resources and protection of the marine and island environment and in monitoring the implementation of the law on integrated management of marine and island resources and protection of the marine and island environment.

3. The Ministry of Public Security and Ministry of National Defense shall organize and direct the prevention and combat of crimes and violations of the law on marine and island resources and environment within the ambit of their vested functions and powers and assigned tasks.

4. Related ministries and sectors shall:

a/ Participate in drafting legal documents on integrated management of marine and island resources and protection of the marine and island environment;

b/ Propose or request the Ministry of Natural Resources and Environment to amend and supplement existing legal documents on integrated management of marine and island resources and protection of the marine and island environment or issue new ones;

c/ Coordinate with the Ministry of Natural Resources and Environment in monitoring the implementation of the law on integrated management of marine and island resources.

5. The People’s Committees of coastal provinces shall:

a/ Propose or request the Ministry of Natural Resources and Environment to amend and supplement existing legal documents on integrated management of marine and island resources and protection of the marine and island environment or issue new ones on an annual basis or a long-term basis;

b/ Review and report to the Ministry of Natural Resources and Environment on the implementation of legal documents on integrated management of marine and island resources and protection of the marine and island environment.

Article 63.Coordination in the formulation and implementation of the strategy for sustainable exploitation and use of marine and island resources and protection of the marine and island environment; master plans and plans on use of maritime zones; master plans on sustainable exploitation and use of coastal resources; programs on integrated management of coastal resources

1. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with related ministries and sectors in:

a/ Conducting general investigations and surveys of natural and socio-economic conditions and the environment, potential of natural resources, actual exploitation and use of resources in coastal and sea areas and on islands; forecasting the development trends of natural resources and the environment, impacts of climate change and sea level rise on natural resources and the environment in coastal and sea areas and on islands; demand for exploitation and use of natural resources and requirements of environmental protection in coastal and sea areas and on islands;

b/ Setting forth objectives of, and orientations for, baseline survey, scientific research, international cooperation, sustainable exploitation and use of natural resources and protection of the environment in coastal and sea areas and islands; zoning off the exploitation and use of natural resources in coastal and sea areas;

c/ Formulating, finalizing and submitting to the Government for approval a strategy for sustainable exploitation and use of marine and island resources and protection of the marine and island environment;

d/ Formulating, finalizing and submitting to the Government for approval master plan and plans on use of maritime zones; master plan on sustainable exploitation and use of natural resources in coastal zones nationwide;

dd/ Formulating, finalizing and submitting to the Government for approval an inter-provincial program on integrated management of natural resources in coastal zones;

e/ Providing related ministries, sectors and coastal localities with information about the strategy for sustainable exploitation and use of marine and island resources and protection of the marine and island environment; master plan and plans on use of maritime zones; master plan on sustainable exploitation and use of natural resources in coastal zones nationwide; and the inter-provincial program on integrated management of natural resources in coastal zones;

g/ Inspecting and supervising the implementation of the strategy for sustainable exploitation and use of marine and island resources and protection of the marine and island environment; master plan and plans on use of maritime zones; master plan on sustainable exploitation and use of natural resources in coastal zones nationwide; and the inter-provincial program on integrated management of natural resources in coastal zones.

2. Other ministries and sectors shall:

a/ Provide the Ministry of Natural Resources and Environment with information and data on the fields specified in Clauses 3, 4, 5, 6, 7, 8, 9 and 10 of this Article;

b/ Give their opinions on the draft strategy for sustainable exploitation and use of marine and island resources and protection of the marine and island environment; draft master plan and plans on use of maritime zones; draft master plan on sustainable exploitation and use of natural resources in coastal zones; and draft inter-provincial program on integrated management of natural resources in coastal zones;

c/ Coordinate with one another in inspecting the implementation of the strategy for sustainable exploitation and use of marine and island resources and protection of the marine and island environment; master plan and plans on use of maritime zones; master plan on sustainable exploitation and use of natural resources in coastal zones; and the inter-provincial program on integrated management of natural resources in coastal zones;

d/ Annually report on the implementation of the strategy for sustainable exploitation and use of marine and island resources and protection of the marine and island environment; master plan and plans on use of maritime zones; master plan on sustainable exploitation and use of natural resources in coastal zones; and the inter-provincial program on integrated management of natural resources in coastal zones in the fields under their management in accordance with law.

3. The Ministry of Agriculture and Rural Development shall provide general information and data on protective forests, special-use forests and production forests; information and data on aquatic resources; the actual state and orientations for development of sea dikes, fish ports and zones for ship mooring and anchorage; planning maps of aquaculture and aquatic resource exploitation zones.

4. The Ministry of Transport shall provide information and data on the actual state and orientations for development of the seaport and maritime fairway system, mooring and anchorage zones and seagoing ship building and repair facilities; planning maps of the seaport and maritime fairway system, mooring and anchorage zones and seagoing ship building and repair facilities.

5. The Ministry of Planning and Investment shall provide information and data on the actual state and orientations for development of coastal economic zones and other relevant information and data at the request of the Ministry of Natural Resources and Environment.

6. The Ministry of Construction shall provide information and data on the actual state and orientations for development of urban centers and construction works at sea, along the coast and on islands under its management.

7. The Ministry of Culture, Sports and Tourism shall provide information and data on the actual state and orientations for development of marine and island tourist resorts and sites; information and data on protection, embellishment and promotion of the values of national and world natural heritages, historical and cultural relics and scenic places in marine and coastal zones and on islands.

8. The Ministry of Industry and Trade shall provide information and data on petroleum and other energies related to the sea and islands under its management.

9. The Ministry of Public Security and Ministry of National Defense shall provide information and data on restricted areas, temporarily restricted areas, areas where activities are limited and areas under special protection for national defense and security purposes.

10. The Ministry of Foreign Affairs shall provide information and documents on the guidelines and policies of the Party and the State on external activities related to the sea and islands.

11. The People’s Committees of coastal provinces shall:

a/ Provide the Ministry of Natural Resources and Environment with information and data on natural conditions, natural resources, socio-economic conditions, management and actual exploitation and use of natural resources and environmental protection in sea areas and islands under their respective management; information and data on lagoons, ponds, alluvia, shoals, buffer zones, erosive coastal zones, protective forests, wetlands, zones subject to marine or island ecosystem protection under their respective management; orientations for exploitation and use of natural resources and environmental protection in coastal zones and on islands; measures to manage and protect the coastal protection corridor in their respective localities;

b/ Give their opinions on the draft strategy for sustainable exploitation and use of marine and island resources and protection of the marine and island environment; draft master plan and plans on use of maritime zones; draft master plan on sustainable exploitation and use of natural resources in coastal zones; and draft inter-provincial program on integrated management of natural resources in coastal zones;

c/ Formulate, finalize and approve programs on integrated management of natural resources in coastal zones under their respective management;

d/ Make and send to the Ministry of Natural Resources and Environment annual reports on the implementation of the strategy for sustainable exploitation and use of marine and island resources and protection of the marine and island environment; the master plan and plans on use of maritime zones; the master plan on sustainable exploitation and use of natural resources in coastal zones; and the program on integrated management of natural resources in coastal zones under their respective management in accordance with law.

Article 64.Coordination in the management and performance of baseline survey of marine and island resources and environment

1. The Ministry of Natural Resources and Environment shall:

a/ Assume the prime responsibility for formulating and submitting to the Prime Minister for approval the key program on baseline survey of marine and island resources and environment;

b/ Develop and manage a database on baseline survey of marine and island resources and environment;

c/ Provide information and data on baseline survey of marine and island resources and environment to the ministries, sectors and People’s Committees of coastal provinces when so requested in accordance with law;

d/ Appraise and participating in appraising programs and plans on baseline survey of marine and island resources and environment of the ministries, sectors and People’s Committees of coastal provinces when so requested in accordance with law;

dd/ Give opinions on the necessity, objects, scope and contents of baseline survey, feasibility and efficiency of baseline projects, schemes and tasks formulated, approved and implemented by the ministries, ministerial-level agencies, government-attached agencies and People’s Committees of coastal provinces not under the key program on baseline survey of marine and island resources and environment;

e/ Coordinate with ministries, sectors and People’s Committees of coastal provinces in monitoring, urging, inspecting and reviewing the implementation of the programs and plans on baseline survey of marine and island resources and environment.

2. Other ministries and sectors shall:

a/ Provide the Ministry of Natural Resources and Environment with information and data on the fields specified in Clauses 3, 4, 5, 6, 7, 8 and 9 of this Article;

b/ Assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, appraising programs and plans on baseline survey of marine and island resources and environment in the fields under their management;

c/ Coordinate with the Ministry of Natural Resources and Environment in formulating and implementing the key program on survey of marine and island resources and environment; monitor, urge and inspect the implementation of the programs and plans on baseline survey of marine and island resources and environment in the fields under their management;

d/ Develop and manage a database on results of baseline survey of marine and island resources and environment in the fields under their management, and transfer them to the national database for management and use in accordance with law;

dd/ Make and send annual reports on baseline survey of marine and island resources and environment in the fields under their management to the Ministry of Natural Resources and Environment in accordance with law.

3. The Ministry of Agriculture and Rural Development shall provide information and data on results of baseline surveys, practical management and demand for baseline survey of marine and island biological resources; and results of marine environment monitoring conducted by it.

4. The Ministry of Industry and Trade shall provide information and data on results of baseline surveys, practical management and demand for baseline surveys of petroleum resources and other energies in the field under its management.

5. The Ministry of Culture, Sports and Tourism shall provide information and data on results of baseline surveys, practical management and demand for baseline surveys of tourism resorts and sites, national and world natural heritages, historical and cultural relics and scenic places in marine and coastal zones and on islands.

6. The Ministry of Transport shall provide information and data on results of baseline surveys, practical management and demand for baseline surveys of positions of resources to serve the development of seaport and maritime fairway system, mooring and anchorage zones and seagoing ship building and repair facilities.

7. The Ministry of National Defense shall provide information and data on results of baseline surveys, practical management and demand for baseline surveys of marine resources and results of marine environment monitoring conducted by it; information and data on security, order and safety at sea and on islands, restricted zones, temporarily restricted zones, zones where activities are limited, and zones subject to special protection for national defense or security purposes.

8. The Ministry of Foreign Affairs shall provide information and documents on the guidelines and policies of the Party and the State on external activities related to the sea and islands.

9. The Ministry of Planning and Investment shall provide information and data on orientations for development of marine and island economy associated with the demand for baseline survey of marine and island resources and environment; and other relevant statistical information and data at the request of the Ministry of Natural Resources and Environment.

10. The People’s Committees of coastal provinces shall:

a/ Provide the Ministry of Natural Resources and Environment with information and data on results of baseline surveys of natural resources and the environment in coastal zones and on islands conducted by local administrations; the practical management and demand for baseline survey of natural resources and the environment in coastal zones and on islands;

b/ Make and send to the Ministry of Natural Resources and Environment annual reports on baseline survey of natural resources and the environment in coastal zones and on islands conducted by local administrations in accordance with law.

Article 65.Coordination in the establishment of the system for general monitoring and surveillance of marine and island resources and environment; and the development of the information system and a database on marine and island resources and environment

1. The Ministry of Natural Resources and Environment shall assume the prime responsibility for:

a/ Establishing a system for general monitoring and surveillance of marine and island resources and environment on the basis of connecting the marine and island resources and environment monitoring and surveillance systems of the ministries, ministerial-level agencies and People’s Committees of coastal provinces;

b/ Developing an information system and a database on marine and island resources and environment on the basis of integrating the marine and island resources and environment databases of the ministries, ministerial-level agencies and People’s Committees of coastal provinces;

c/ Providing and sharing information and data on marine and island resources and environment to the ministries, sectors and People’s Committees of coastal provinces when so requested in accordance with law.

2. Other ministries, sectors and localities shall:

a/ Coordinate with the Ministry of Natural Resources and Environment in establishing a system for general monitoring and surveillance of marine and island resources and environment and developing an information system and a database on marine and island resources and environment;

b/ Survey and assess the actual state of the systems for monitoring and surveillance of marine and island resources and environment and information systems and databases on marine and island resources and environment in their sectors or fields and provide survey and assessment results to the Ministry of Natural Resources and Environment for establishing a system for general monitoring and surveillance of marine and island resources and environment and developing an information system and a database on marine and island resources and environment;

c/ Provide and share information and data on marine and island resources and environment in their sectors or fields available on their information systems and databases on marine and island resources and environment in accordance with law.

Article 66.Coordination in the control of marine and island environmental pollution; response to and remediation of oil or toxic chemical spills at sea

1. The Ministry of Natural Resources and Environment shall assume the prime responsibility for:

a/ Organizing research, survey and assessment of pollution, identification of causes of marine and island environmental pollution, making maps of zones with risk of marine or island environmental pollution nationwide; surveying and assessing the environmental load-bearing capacity of sea areas and islands in the zones at a high or a very high risk of pollution; announcing sea areas and islands no longer capable of receiving wastes; publicizing information on the marine and island environment in accordance with law;

b/ Organizing the monitoring, surveillance and warning of environmental incidents and natural disasters at sea and on islands; formulating strategies and plans of action to adapt to the sea level rise; coordinating with related ministries, sectors and agencies and coastal localities in promptly responding to and effectively remedying oil or toxic chemical spills at sea and environmental incidents and natural disasters at sea or on islands;

c/ Providing information collected from the system for general monitoring and surveillance of marine and island resources and environment on environmental quality, pollution and warning of natural disasters at sea and on islands to the ministries, sectors and coastal provinces to serve the prevention and control of pollution and response to and remediation of oil or toxic chemical spills at sea and environmental incidents and natural disasters at sea and on islands;

d/ Inspecting and supervising the implementation of the regulations on management of wastes and control of marine and island environmental pollution;

dd/ Directing and guiding the People’s Committees of coastal provinces in implementing the regulations on management of wastes and control of marine and island environmental pollution;

e/ Annually reviewing and reporting to the Prime Minister on the marine and island environmental protection; the implementation of programs and plans on prevention and control of marine and island pollution and response to oil and toxic chemical spills at sea and environmental incidents and natural disasters at sea and on islands.

2. Related ministries and sectors shall:

a/ Provide information and data on results of monitoring and assessment of marine and island environmental pollution, actual seawater quality and sedimentation of ecosystems and biodiversity of sea areas and islands; the management of wastes and control of marine and island environmental pollution in their sectors or fields; the response to and remediation of environmental incidents and natural disasters at sea and on islands in the fields specified in Clauses 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Article;

b/ Coordinate with the Ministry of Natural Resources and Environment in surveying and assessing, and identifying causes of, marine and island environmental pollution;

c/ Directing specialized forces to participate in inspecting and supervising the observance of the regulations on management of wastes and control of marine and island environmental pollution; and responding to oil or toxic chemical spills at sea and environmental incidents and natural disasters at sea and on islands;

d/ Annually reporting to the Ministry of Natural Resources and Environment on the implementation of the programs and plans on prevention and control of marine and island pollution, response to and remediation of oil or toxic chemical spills at sea and environmental incidents and natural disasters at sea and on islands, and marine and island environmental protection in the fields under their management.

3. The Ministry of Agriculture and Rural Development shall provide information and data on aquatic resource exploitation and aquaculture; fish ports and ship mooring and anchorage zones.

4. The Ministry of Transport shall provide information and data on operations of seaports, maritime fairways, mooring and anchorage zones and seagoing ship building and repair facilities.

5. The Ministry of Industry and Trade shall provide information and data on chemical activities, and petroleum exploration, exploitation and transportation.

6. The Ministry of Planning and Investment shall provide information and data on coastal economic zones.

7. The Ministry of Construction shall provide information and data on urban centers and construction works along the coast or on islands.

8. The Ministry of Culture, Sports and Tourism shall provide information and data on cultural, sports and tourism sites and centers at sea, along the coast and on islands.

9. The Ministry of National Defense shall provide information on its management of wastes and control of marine and island environmental pollution; direct its attached functional forces to enhance the control of marine and island environmental pollution; and mobilize forces to respond to and remedy oil and toxic chemical spills at sea and environmental incidents and natural disasters at sea and on islands.

10. The Ministry of Public Security shall provide information on crimes and violations of the law on management of wastes and control of marine and island environmental pollution; direct its attached functional forces to enhance control of marine and island environmental pollution; and mobilize forces to respond to and remedy oil and toxic chemical spills at sea and environmental incidents and natural disasters at sea and on islands.

11. The Ministry of Foreign Affairs shall support the mobilization of international assistance for the response to and remediation of oil and toxic chemical spills at sea and environmental incidents and natural disasters at sea and on islands.

12. The National Committee for Search and Rescue shall provide information and data on response to oil and toxic chemical spills at sea or on islands; direct according to its competence specialized forces to respond to oil and toxic chemical spills at sea and environmental incidents and natural disasters at sea and on islands.

13. The People’s Committees of coastal provinces shall:

a/ Provide to the Ministry of Natural Resources and Environment marine and island environment monitoring data of their localities;

b/ Coordinate with the Ministry of Natural Resources and Environment in researching, surveying and assessing, and identifying causes of, marine and island environmental pollution; mapping zones at risk of marine and island environmental pollution in their localities;

c/ Work out, guide and organize the implementation of plans and measures to prevent, treat and remedy marine and island environmental pollution and degradation in accordance with law;

d/ Coordinate with the Ministry of Natural Resources and Environment and other related ministries and sectors in mobilizing resources to prevent and respond to oil and toxic chemical spills at sea and environmental incidents and natural disasters at sea and on islands; pay compensations for damage caused by and remedy consequences of marine and island environmental pollution in accordance with law;

dd/ Annually report on the management of wastes, control of pollution, and response to and remediation of oil and toxic chemical spills at sea and environmental incidents and natural disasters at sea and on islands.

Article 67.Coordination in the provision of public information about the sea and islands; dissemination of and education about the law on integrated management of marine and island resources and protection of the marine and island environment

1. The Ministry of Natural Resources and Environment shall assume the prime responsibility for:

a/ Formulating and implementing programs and plans on provision of public information about the sea and islands, dissemination of and education about the law on integrated management of marine and island resources and protection of the marine and island environment; sustainably exploitation and use of marine and island resources and protection of the marine and island environment; prevention, response to, control and remediation of consequences of, natural disasters and environmental incidents at sea and on islands;

b/ Supporting, exchanging and providing information and documents to other ministries, sectors and People’s Committees of coastal provinces to serve public information work in order to raise public awareness about sustainable exploitation and use of marine and island resources and protection of the marine and island environment; prevention, response to, control and remediation of consequences of marine and island environmental incidents;

c/ Coordinating with other ministries, sectors and People’s Committees of coastal provinces in planning and organizing events during the Vietnam Sea and Island Week;

d/ Coordinating with the Vietnam Fatherland Front in disseminating the policies and law on marine and island resources and environment; supervising the implementation of the law on marine and island resources and environment.

2. Other ministries and sectors have the following responsibilities:

a/ The Ministry of Justice shall coordinate with the Ministry of Natural Resources and Environment in developing a national database on the laws pertaining to the management of marine and island resources and protection of the marine and island environment; formulating long- and medium-term programs and plans on dissemination of and education about the law on sea and islands;

b/ The Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, directing the press agencies to spare a reasonable time volume for publicizing information about the sea and islands and policies and laws on integrated management of marine and island resources and protection of the marine and island environment;

c/ The Ministry of Education and Training shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, selecting topics on the sea and islands, disseminate and educate about the law on integrated management of marine and island resources and protection of the marine and island environment at talk shows, seminars and contests about national maritime zones and islands for pupils and students;

d/ The Vietnam Television Station and the Radio Voice of Vietnam shall spare a reasonable volume of time for broadcasting and reporting news and articles and specialized programs on the sea and islands, disseminating policies and laws on integrated management of marine and island resources and protection of the marine and island environment; events of the Vietnam Sea and Island Week at appropriate hours so as to achieve the highest propaganda effect;

dd/ Related ministries and sectors shall support events of the Vietnam Sea and Island Week and other activities related to the sea and islands; direct the press agencies and their attached professional bodies in providing public information about the sea and islands, disseminating and educating about the law on integrated management of marine and island resources and protection of the marine and island environment within the scope of management.

3. The People’s Committees of coastal provinces shall:

a/ Assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, organizing public information about the sea and islands, disseminating and educating the law on integrated management of marine and island resources and protection of the marine and island environment in their localities;

b/ Direct local communications and press agencies to spare a reasonable volume of time for broadcasting and reporting news, articles and specialized programs on the sea and islands, disseminating policies and laws on integrated management of marine and island resources and protection of the marine and island environment; events of the Vietnam Sea and Island Week at appropriate hours so as to achieve the highest propaganda effect;

c/ Coastal localities that are selected to organize the Vietnam Sea and Island Week shall coordinate with the Ministry of Natural Resources and Environment in designing programs and plans on organization of events during the Vietnam Sea and Island Week; and arrange venues and contribute resources for organization of such events and guarantee security, safety and order during the Vietnam Sea and Island Week.

Article 68.Coordination in the international cooperation on integrated management of marine and sea resources and protection of the marine and sea environment

1. The Ministry of Natural Resources and Environment shall:

a/ Formulate and implement programs and plans on international cooperation on integrated management of marine and sea resources and protection of the marine and sea environment; application of sciences and technologies to serve marine and island survey and research; explore marine resources and develop marine technologies; develop and improve an information system and a database on marine and island resources and environment;

b/ Review and report on international cooperation on marine and island resources and environment to the Prime Minister.

2. Other ministries and sectors shall annually report on results of international cooperation on integrated management of marine and island resources and protection of the marine and island environment to the Ministry of Natural Resources and Environment.

3. The Ministry of Foreign Affairs shall coordinate with other ministries, sectors and localities in increasing support for and promoting international cooperation on integrated management of marine and island resources and protection of the marine and island environment.

4. The People’s Committees of coastal provinces shall annually report to the Ministry of Natural Resources and Environment on international cooperation on integrated management of marine and island resources and protection of the marine and island environment in their localities.

Chapter X

IMPLEMENTATION PROVISIONS

Article 69.Transitional provisions

From the effective date of this Decree, the projects, schemes and tasks under the General Scheme on baseline survey and management of marine resources and environment through 2010, with a vision toward 2020, promulgated together with the Prime Minister’s Decision No. 47/2006/QD-TTg of March 1, 2006, shall be handled as follows:

1. The projects, schemes and tasks approved by competent state agencies before the effective date of this Decree may continue to be implemented under their approval decisions.

2. The projects, schemes and tasks not yet approved by competent state agencies before the effective date of this Decree but conformable with the provisions of Clause 2, Article 13 of the Law on Marine and Island Resources and Environment shall be incorporated into the key program on baseline survey of marine and island resources and environment.

Article 70.Effect

1. This Decree takes effect on July 1, 2016.

2. The Government’s Decree No. 25/2009/ND-CP of March 6, 2009, on the integrated management of marine and island resources and protection of the marine and island environment, and the Prime Minister’s Decision No. 23/2013/QD-TTg of April 26, 2013, promulgating the Regulation on coordination in the integrated management of marine and island resources and protection of the marine and island environment, cease to be effective on the effective date of this Decree.

Article 71.Organization of implementation

1. The Minister of Natural Resources and Environment shall inspect the implementation of this Decree; review the strategies, programs and plans relating to the integrated management of marine and island resources and protection of the marine and island environment approved before July 1, 2016, and propose competent authorities to revise or abolish them in accordance with the Law on Marine and Island Resources and Environment and this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of the People’s Committees of coastal provinces and centrally run cities shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.