Decree No. 66/2019/ND-CP conservation and sustainable use of wetlands

DECREE

On conservation and sustainable use of wetlands^[1]

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

Pursuant to the November 13, 2008 Law on Biodiversity;

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

The Government promulgates the Decree on conservation and sustainable use of wetlands.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation and subjects of application

1. Scope of regulation

This Decree prescribes the conservation and sustainable use of wetlands in the territory of Vietnam.

2.  Subjects of application

This Decree applies to domestic organizations, households and individuals, overseas Vietnamese, and foreign organizations and individuals that carry out activities of or related to the conservation and sustainable use of wetlands in the territory of Vietnam.

Article 2.Interpretation of terms

The terms used in this Decree are construed as follows:

1. Conservation of a wetland means the maintenance and protection of the structure, functions, ecological characters and biodiversity of a wetland.

2. Wetland ecosystem services means benefits brought about by wetland ecosystems to humans.

3. Ecological characters of a wetland means the combination of typical ecosystem components, processes and services of a wetland at a certain point of time.

4. Ramsar Convention is the shortened name of the Convention on Wetlands of International Importance especially as Waterfowl Habitat.

5. Wetland ecosystem means an area accommodating biotic and/or abiotic elements of a certain wetland which have mutual impacts on and material exchange with one another.

6. Wetland reserve means a nature reserve with a wetland area making up at least 50% of its area.

7. Ramsar site means a wetland of international importance which is recognized by the Ramsar Convention’s Secretariat.

8. Wetlands include areas of marsh, fen, peatland or water, whether permanent or temporary, including coastal and marine areas the depth of which at low tide does not exceed 6 meters.

Article 3.Principles of conservation and sustainable use of wetlands

1. The conservation and use of wetlands must adhere to the principles of ecosystem approach and maintenance of the entire structure, functions, ecological characters and biodiversity of wetlands.

2. To promote the role and participation of communities living on and around wetlands and stakeholders in the conservation and sustainable use of wetlands.

3. To implement the mechanism of fair and equitable sharing of benefits, interests and obligations among stakeholders in the use of wetland ecosystems.

Article 4.State management of the conservation and sustainable use of wetlands

Contents of state management of the conservation and sustainable use of wetlands include:

1. Promulgating, and organizing the implementation of, legal documents on conservation and sustainable use of wetlands, and provisions of the Ramsar Convention.

2. Formulating, and organizing the implementation of, strategies, master plans and plans on conservation and sustainable use of wetlands nationwide and in each locality.

3. Inventorying and stocktaking; surveying and assessing, and building and managing databases on, wetlands; observing and monitoring changes in the environmental quality and biodiversity of important wetlands; making, appraising, issuing and modifying the list of important wetlands nationwide.

4. Organizing the formulation and appraisal of, and establishing and managing, wetland reserves; proposing the recognition of, and managing Ramsar sites; guiding the management of important wetlands located outside wetland reserves.

5. Organizing the research and application of scientific and technological advances, carrying out international cooperation on, and training human resources for the conservation and sustainable use of wetlands.

6. Conducting inspection and examination of, and handling violations of regulations on, the conservation and sustainable use of important wetlands.

7. Conducting public information work and law dissemination and education, raising awareness about and involving stakeholders and communities in the conservation and sustainable use of wetlands.

Article 5.Activities encouraged to be carried out on wetlands

The State shall encourage domestic and foreign organizations and individuals and communities to invest and participate in:

1. Protecting the environment, conserving the biodiversity, and protecting natural ecosystems and migratory bird species on wetlands.

2. Restoring degraded or overexploited important wetlands and natural wetland ecosystems; conserving, and preventing changes in, ecological characters of wetlands.

3. Supervising activities on important wetlands; detecting and promptly reporting to competent agencies violations of regulations on the conservation and sustainable use of important wetlands.

4. Applying environmentally sustainable livelihood models, and models on conservation and sustainable use of wetlands, and carrying out eco-tourism activities in accordance with law.

Chapter II

INVENTORY, STOCKTAKING, SURVEY, ASSESSMENT AND OBSERVATION OF WETLANDS

Article 6.Inventory and stocktaking of wetlands

Wetlands shall be inventoried and stocktaken and announced in accordance with the land law and the law on marine and island resources and environment.

Article 7.Survey and assessment of wetlands

1. Wetlands shall be surveyed and assessed and subject to an established regime of conservation and sustainable use.

2. Basic information of a wetland to be collected, surveyed and assessed:

a/ Name, geographical location, boundary and coordinates of the wetland on a land use status map or its coordinates on the sea surface; area (in hectare) of the wetland and types of wetland;

b/ Essential ecosystem functions and services; economic, cultural, social and environmental values of the wetland;

c/ Species living and growing on the wetland, including native species, endangered, precious and rare species, and migratory species; species and quantity of waterfowl;

d/ Threats to, and forms of conservation and use of, the wetland.

3. Provincial-level People’s Committees shall organize survey and assessment of wetlands in their respective localities and propose important wetlands in their respective localities under the guidance of the Ministry of Natural Resources and Environment.

Article 8.Criteria for identification of important wetlands

1. Important wetland is a wetland with an area of at least 50 hectares, for coastal or marine wetlands, or of at least 5 hectares, for inland wetlands, which accommodates an important natural ecosystem meeting at least one of the following criteria:

a/ Containing at least one typical or representative type of natural wetland in the ecological zone;

b/ Being a natural habitat, whether permanent or seasonal, of at least one endemic, endangered, precious and rare species, or of at least 1,000 individual waterfowl or migratory birds, or a rearing place and spawning ground of at least one valuable aquatic species;

c/ Playing an important role in regulating water sources and maintaining a balanced ecosystem for a local, inter-provincial, national or international region;

d/ Having a locally, nationally or internationally special value in terms of landscape, human ecology, history or culture.

2. Important wetlands shall be classified into wetlands of national importance and wetlands of local importance.

3. Wetland of national importance is an important wetland with an area of at least 5,000 hectares for coastal or marine wetlands, or of at least 300 hectares, for inland wetlands, which satisfies at least one of the following criteria:

a/ Containing at least one typical or representative type of natural wetland in an inter-provincial or national ecological zone;

b/ Being a natural habitat, whether permanent or seasonal, of at least one endemic species, or at least 5 species on the list of endangered, precious and rare species, or one species on the list of endangered, precious and rare species prioritized for protection, or of at least 10,000 individual waterfowl or migratory birds;

c/ Playing an important role in moderating water sources and keeping a balanced ecosystem in an inter-provincial or national region;

d/ Having a nationally special value in terms of landscape, human ecology, history or culture.

4. Wetland of local importance is an important wetland in a geographical area under the management by a province or centrally run city as prescribed in Clause 1 of this Article, other than wetlands of national importance defined in Clause 3 of this Article.

Article 9.List of important wetlands

1. The list of important wetlands must have the following principal details:

a/ Names, geographical locations, boundaries and coordinates of wetlands;

b/ Areas and types of wetlands;

c/ Criteria and grading of important wetlands;

d/ Forms of management and conservation of wetlands.

2. Based on proposals of provinces and centrally run cities, the Ministry of Natural Resources and Environment shall sum up, appraise and issue the list of important wetlands nationwide.

3. Modification of the list of important wetlands:

a/ Once every 5 years or when necessary, the Ministry of Natural Resources and Environment shall review, update and modify the list of important wetlands nationwide;

b/ In case of change in the area of important wetlands, related provincial-level People’s Committees and ministries shall send wetland inventory and stocktaking results to the Ministry of Natural Resources and Environment for updating and modifying the list of important wetlands.

4. Important wetlands on the announced list constitute a content of the overall master plan on biodiversity conservation and provincial-level master plans.

Article 10.Observation of important wetlands

1. Contents of observation of an important wetland:

a/ Area and boundary of the wetland, and type of wetland;

b/ Hydrological regime, water environment quality, and bottom sediments;

c/ Biodiversity and threats.

2. Organization of observation:

a/ Agencies managing important wetlands shall organize the observation of the contents specified in Clause 1 of this Article;

b/ Sites of observation of water environment quality and sediments on wetlands of national or local importance constitute part of the national or local environmental quality observation network;

c/ The observation of the hydrological regimes on important wetlands must comply with regulations on hydrological observation.

Article 11.Wetland database

1. The wetland database constitutes part of the national biodiversity database and consists of:

a/ Information and data on survey, stocktaking, assessment and observation of wetlands;

b/ Legal documents, standards, technical regulations, technical rules, technical processes, and techno-economic norms concerning wetlands;

c/ Other information and data relating to wetlands.

2. Once every 3 years, provincial-level People’s Committees shall send reports on wetlands in the localities under their management to the Ministry of Natural Resources and Environment.

3. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with related ministries and ministerial-level agencies and provincial-level People’s Committees in, making reports on wetlands nationwide; developing and managing the wetland database in conformity with the national biodiversity database.

Chapter III

MANAGEMENT OF IMPORTANT WETLANDS

Section 1

ESTABLISHMENT OF WETLAND RESERVES

Article 12.Conditions for establishment of a wetland reserve

1. Wetland reserves shall be graded into national- and provincial-grade wetland reserves and classified into national parks, nature reserves, habitat/species management areas, and protected landscapes in accordance with the Law on Biodiversity.

2. The establishment of a national-level wetland reserve on a wetland may be considered when such wetland:

a/ Is a wetland of national importance on the announced list of important wetlands;

b/ Satisfies the criteria for a national-level reserve specified in the Law on Biodiversity.

3. The establishment of a provincial-level wetland reserve on a wetland may be considered when such wetland:

a/ Is on the announced list of important wetlands;

b/ Satisfies the criteria for provincial-level reserves specified in the Law on Biodiversity.

Article 13.Establishment of national-level wetland reserves

1. Responsibilities to formulate and appraise projects on establishment of national-level wetland reserves:

a/ The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with related provincial-level People’s Committees in, organizing the formulation of a project to establish a national-level wetland reserve to be located in two or more provinces or centrally run cities;

b/ The provincial-level People’s Committee shall organize the formulation of a project to establish a national-level wetland reserve to be wholly located within the geographical area under its management and send a dossier to the Ministry of Natural Resources and Environment for appraisal;

c/ The Ministry of Natural Resources and Environment shall form an interdisciplinary appraisal council to appraise the project. Such council shall be composed of the chairperson being a leader of the Ministry of Natural Resources and Environment and members being representatives from the Ministries of Natural Resources and Environment; Agriculture and Rural Development; Finance; Planning and Investment; Home Affairs; and Culture, Sports and Tourism; a representative from the provincial-level People’s Committee of the locality where the reserve is to be established; and experts and representatives from other related agencies.

2. Order of formulation and appraisal of a project to establish a national-level wetland reserve:

a/ Surveying and assessing the actual biodiversity, environmental, economic, cultural and social conditions of the wetland where the reserve is to be established;

b/ Formulating a project to establish a national-level wetland reserve with the contents specified in Clause 3 of this Article;

c/ Holding consultations with related ministries, ministerial-level agencies and provincial-level People’s Committees (for a reserve to be located in two or more provinces or centrally run cities), and people lawfully residing within or close to the wetland where the reserve is to be established;

d/ Appraising the project dossier regarding: purposes of biodiversity conservation of the reserve; satisfaction of the criteria for establishment of the reserve; geographical location, boundary and area of the reserve and its functional zones and buffer zones; plan on management of the reserve; organization responsible for managing the reserve; and opinions of the stakeholders consulted under Point c, Clause 2 of this Article;

dd/ Compiling a dossier of proposal for establishment of a national-level wetland reserve under Clause 5 of this Article and submit it to the Prime Minister for issuing a decision on establishment of the reserve.

3. Contents of a project to establish a wetland reserve:

a/ Purposes of biodiversity conservation; satisfaction of the criteria for establishment of the wetland reserve;

b/ Actual conditions of natural, artificial and special ecosystems; endangered, precious and rare species; species on the list of endangered, precious and rare species prioritized for protection; other wild species; environmental landscapes, cultural and historical values, unique beauty of the nature, and important wetland ecosystem services in the place where the reserve is to be established;

c/ Assessment of the actual management and use of wetland; actual economic and social conditions in the place where the reserve is to be established, threats to the wetland, and plan on land use purpose change;

d/ Map extracts, geographical location and area of the wetland where the reserve is to be established;

dd/ Geographical locations and area of strictly protected zones, eco-restoration zones and service-administrative zones; boundaries of each zone; plan on livelihood stabilization or relocation of households and individuals out of the place where the reserve is to be established;

e/ A reserve management plan;

g/ Organization responsible for managing the reserve;

h/ Geographical location, area and boundaries of the buffer zone of the place where the reserve is to be established;

i/ Organization of the project implementation.

4. A dossier of proposal for appraisal of a project to establish a national-level wetland reserve must comprise:

a/ A written proposal for establishment of a national-level wetland reserve and a draft decision on establishment of the reserve;

b/ The project, which must have the contents specified in Clause 3 of this Article;

c/ A paper stating opinions of residents lawfully living within or close to the wetland where the reserve is to be established;

d/ A written approval of the project, issued by the provincial-level People’s Committee, for a national-level wetland reserve located in two or more provinces or centrally run cities; or a written proposal made by the provincial-level People’s Committee for appraisal of the project to establish a national-level wetland reserve located in one province or centrally run city.

5. A dossier submitted to the Prime Minister for establishment of a national-level wetland reserve must comprise:

a/ A written proposal for establishment of a national-level wetland reserve, and a draft decision on establishment of the reserve which has been finalized following the meeting of the appraisal council;

b/ The project on establishment of a national-level wetland reserve, which has been finalized at the request of the appraisal council and stakeholders;

c/ A paper summarizing opinions of residents lawfully living within or close to the wetland where the reserve is to be established;

d/ A written approval of the project, issued by the provincial-level People’s Committee, for a national-level wetland reserve located in two or more provinces or centrally run cities; or a written proposal made by the provincial-level People’s Committee for establishment of a national-level wetland reserve located in one province or centrally run city;

dd/ Appraisal results and minutes of the interdisciplinary appraisal council’s meeting on the project.

6. The Prime Minister shall issue a decision on establishment of a national-level wetland reserve.

7. A decision on establishment of a national-level wetland reserve must have the contents specified in the Law on Biodiversity.

Article 14.Establishment of provincial-level wetland reserves

1. Responsibilities to formulate and appraise projects on establishment of provincial-level wetland reserves:

a/ The provincial-level People’s Committee shall organize the formulation of a project to establish a provincial-level wetland reserve;

b/ The provincial-level People’s Committee chairperson shall form an appraisal council to appraise the project. Such council shall be composed of the chairperson being a leader of the provincial-level People’s Committee and members being leaders of the provincial-level Departments of Natural Resources and Environment; Agriculture and Rural Development; Finance; Planning and Investment; Home Affairs; and Culture, Sports and Tourism, a representative from the district-level People’s Committee of the locality where the reserve is to be established, representatives from the Ministry of Natural Resources and Environment and Ministry of Agriculture and Rural Development, experts and representatives from other related agencies.

2. Order of formulation and appraisal of a project to establish a provincial-level wetland reserve:

a/ Surveying and assessing the actual biodiversity, environmental, economic, cultural and social conditions of the wetland where the provincial-level wetland reserve is to be established;

b/ Formulating a project to establish a provincial-level wetland reserve with the contents specified in Clause 3, Article 13 of this Decree;

c/ Organizing consultations with the Ministry of Natural Resources and Environment, People’s Committees of all levels, and related departments and sectors, and people lawfully residing within or close to the place where the reserve is to be established;

Within 30 days after receiving the provincial-level People’s Committee’s written request for opinion, the Ministry of Natural Resources and Environment, People’s Committees of all levels, and related departments and sectors shall give written replies.

d/ Appraising the project dossier under Point b, Clause 1 of this Article. The appraisal contents include: purposes of biodiversity conservation of the reserve; satisfaction of the criteria for establishment of the reserve; geographical locations, boundary and area of the reserve and its functional zones and buffer zones; plan on management of the reserve; organization responsible for managing the reserve; and opinions of the stakeholders consulted under Point c, Clause 2 of this Article;

Within 60 days after receiving a complete dossier, the provincial-level People’s Committee shall complete the appraisal of the project.

dd/ Finalizing the dossier and submitting it to the provincial-level People’s Committee chairperson for issuing a decision on establishment of the provincial-level wetland reserve.

3. A dossier of proposal for appraisal of a project to establish a provincial-level wetland reserve must comprise:

a/ A written proposal for establishment of a provincial-level wetland reserve and a draft decision on establishment of the reserve;

b/ The project, which must have the contents specified in Clause 3, Article 13 of this Decree;

c/ A paper stating opinions of the Ministry of Natural Resources and Environment, People’s Committees of all levels, related departments and sectors, and residents lawfully living within or close to the place where the reserve is to be established.

4. A dossier submitted to the provincial-level People’s Committee for establishment of a provincial-level wetland reserve must comprise:

a/ A written proposal for establishment of a provincial-level wetland reserve, and a draft decision on establishment of the reserve which has been finalized following the meeting of the dossier appraisal council;

b/ The project on establishment of a provincial-level wetland reserve, which has been finalized at the request of the appraisal council and based on opinions of the stakeholders consulted under Point c, Clause 3 of this Article;

c/ The project appraisal results and minutes of the meeting of the project appraisal council.

5. The provincial-level People’s Committee chairperson shall issue a decision on establishment of a provincial-level wetland reserve.

6. A decision on establishment of a provincial-level wetland reserve must have the following principal contents:

a/ Geographical locations, boundaries and area of the reserve and its buffer zone;

b/ Geographical locations, boundaries and area of the strictly protected zone, eco-restoration zone and service-administrative zone;

c/ Purposes of biodiversity conservation of the reserve;

d/ A plan on restoration of natural ecosystems in the reserve;

dd/ A plan on livelihood stabilization or relocation for households and individuals living in the reserve; a plan on use purpose change for land in the reserve;

e/ Organization responsible for managing the reserve: its functions, tasks and organizational structure;

g/ Funds for operation of the reserve;

h/ Responsibilities of related departments, sectors and organizations in the management of the reserve, and organization of implementation of the decision on establishment of the reserve.

Section 2

MANAGEMENT OF WETLAND RESERVES

Article 15.Organizations managing wetland reserves

1. Organizations managing wetland reserves shall comply with the Law on Biodiversity.

2. Organizations managing wetland reserves shall perform the functions and tasks in accordance with the Law on Biodiversity and the following specific tasks:

a/ To manage activities using wetland ecosystem services under the Regulation on management of wetland reserves and relevant regulations;

b/ To organize activities related to the conservation of wetlands in the wetland reserves under approved programs, plans, schemes or projects;

c/ To organize eco-tourism activities and formulate plans on benefit sharing in the sustainable use of wetland reserves’ ecosystem services after obtaining approval of competent state agencies in accordance with law;

d/ To coordinate with fisheries surveillance forces, forest protection forces, coast guards, rescue and salvage forces, provincial-level specialized management agencies and communities in managing, conserving and using wetland ecosystem services;

dd/ To implement programs on control, isolation and killing of alien species on important wetlands and programs on conservation of endangered, precious and rare species on wetlands;

e/ To fully implement regulations on inspection, supervision and periodical reporting under this Decree and relevant regulations.

Article 16.Organization and management of activities in functional zones of wetland reserves

1. Wetland reserves shall be divided into functional zones. The area, boundaries and coordinates of functional zones shall be identified on maps of projects to establish wetland reserves, and the boundaries of these zones shall be marked and demarcated on site after competent state agencies issue wetland reserve establishment decisions. Functional zones include:

a/ Strictly protected zone, which is established with an area large enough for integral conservation of standard specimens of wetland ecosystems according to natural developments of such ecosystems;

b/ Eco-restoration zone, which is established for restoration, conservation and sustainable use of ecosystems with a view to ensuring the regeneration of such ecosystems;

c/ Service-administrative zone, which is established to serve the administration and management of wetland reserves, scientific research, environmental education, eco-tourism, and conservation and sustainable use of biodiversity.

2. Activities carried out on wetland reserves must comply with specific management regulations applicable to the wetland reserves which are issued by competent authorities under Clause 2, Article 18 of this Decree and not contrary to Clauses 3, 4 and 5 of this Article.

3. Regulations applicable to strictly protected zones:

a/ To refrain from blocking the movement of aquatic species; conducting mineral investigation, survey, exploration and exploitation activities; illegally residing; encroaching upon wetlands or illegally changing land use purposes; destroying landscapes or natural ecosystems, and committing acts that cause negative impacts on wetland reserves;

b/ To refrain from carrying out activities that alter ecological characters of wetlands, including activities causing changes in the hydrological regime; causing environmental pollution; or causing changes in the structure of ecosystems and changes in species components;

c/ To refrain from hunting, catching or exploiting wild species, unless such activities are for scientific research purposes as approved by competent state agencies; to refrain from raising livestock, poultry or aquatic animals or building works or houses, except works serving national defense and security purposes;

d/ To protect the natural development of ecosystems and natural habitats of waterfowl and migratory bird species and conserve species on the list of endangered, precious and rare species or the list of endangered, precious and rare prioritized for protection, and native species;

dd/ To collect specimens of living species in accordance with law;

e/ To take measures to prevent epidemics and degradation of ecosystems in the zones.

4. Regulations applicable to eco-restoration zones:

a/ To comply with Points a and b, Clause 3 of this Article; to refrain from raising livestock or poultry on a farm scale or conducting industrial-scale aquaculture; illegally building works or houses; or hunting and catching waterfowl and migratory bird species; to protect species on the list of endangered, precious and rare species or the list of endangered, precious and rare prioritized for protection, and native species;

b/ To establish zones for natural farming of aquatic species, and plant and enrich mangrove forest ecosystems with native species; to restore coral reef ecosystems, sea grasses and appropriate habitats for endangered, precious and rare species in accordance with law;

c/ To release and raise for restoration native living species; to restore and protect natural wetland ecosystems in the zones;

d/ To collect specimens of living species in accordance with law;

dd/ To carry out eco-tourism and entertainment activities in accordance with law;

e/ To take solutions for preventing changes in ecological characters of wetlands and restore wetland ecosystems in the zones.

5. Regulations applicable to service-administrative zones:

a/ To comply with Points a and b, Clause 3 of this Article;

b/ To conduct environmental impact assessment under the law on environmental protection in case of building works or development investment projects serving the biodiversity conservation and development of natural ecosystems in combination with eco-tourism and environmental education activities within wetland reserves;

c/ To conduct environmentally sustainable aquaculture, and establish zones for raising native living species in accordance with law;

d/ To collect specimens of living species in accordance with law;

dd/ To carry out eco-tourism and entertainment and other activities in accordance with law;

e/ To take solutions for protecting the environment and natural landscapes in the zones.

Article 17.Wetland reserve management plans

1. A wetland reserve management plan constitutes a content of a project to establish such wetland reserve.

2. The agency formulating a project to establish a wetland reserve shall work out a reserve management plan with the principal contents specified in Clause 3 of this Article.

3. Principal contents of a wetland reserve management plan:

a/ Brief information on natural, socio-economic, environmental, national defense and security conditions; biodiversity, historical-cultural relics, and natural landscapes;

b/ Objectives and scope of management and conservation of biodiversity in the reserve;

c/ Functional zones of the reserve, and programs on conservation, sustainable use and restoration of biodiversity; a plan on restoration of natural ecosystems in the reserve;

d/ Threats to the reserve and activities of management, protection and sustainable development of the wetland;

dd/ Priority researches and projects and estimated investment funds and investment phasing for construction of the reserve; regular funds for biodiversity protection and conservation activities;

e/ Solutions and organization of implementation of the plan.

4. Provincial-level People’s Committees shall approve plans on management of wetland reserves in their respective localities; the Ministry of Natural Resources and Environment shall approve plans on management of wetland reserves under its management.

Article 18.Regulation on management of wetland reserves

1. The agency managing a wetland reserve shall formulate a Regulation on management of the wetland reserve after the reserve is established and submit it to a competent authority for issuance. For a Regulation on management of a wetland reserve located in a province or centrally run city, opinions of the Ministry of Natural Resources and Environment should be obtained before the Regulation is submitted to the provincial-level People’s Committee for approval.

2. Principal contents of a Regulation on management of a wetland reserve:

a/ Scope of regulation and subjects of application;

b/ Boundary of the reserve and its functional zones;

c/ Management of activities in the reserve;

d/ Powers and responsibilities of the organization managing the reserve, specialized state management agencies, district- and People’s Committees of communes with boundaries or land areas located in the reserve or its buffer zone, and other organizations and individuals involved in activities in the reserve;

dd/ Resources for and organization of implementation of the Regulation.

3. Responsibility to issue a Regulation on management of a wetland reserve:

a/ The Ministry of Natural Resources and Environment shall issue a Regulation on management of a wetland reserve located in two or more provinces or centrally run cities;

b/ The provincial-level People’s Committee chairperson shall issue a Regulation on management of a wetland reserve in the locality under its management.

Article 19.Management of buffer zones of wetland reserves

1. Criteria for identification of a buffer zone:

a/ Buffer zone is a zone adjacent to or surrounding the boundary of a wetland reserve and identified according to commune-level administrative boundaries; for an area without administrative boundary, the buffer zone must be at least 1,000 meters wide measured from the boundary of the wetland reserve;

b/ The boundary and area of a buffer zone shall be displayed on maps and demarcated on the field simultaneously with the formulation of a project to establish a wetland reserve.

2. Buffer zones shall be managed with a view to preventing and minimizing adverse impacts on wetland reserves; it is restricted to carry out projects and activities causing adverse impacts on wetland reserves.

3. District- and commune-level People’s Committees of localities overlapping buffer zones shall:

a/ Mobilize people in buffer zones to comply with the regulations on conservation and sustainable use of wetlands; take measures to prevent activities encroaching upon wetland reserves;

b/ Manage and sustainably use natural resources and protect the environment and biodiversity in buffer zones in accordance with law;

c/ Coordinate with organizations or agencies managing wetland reserves or stakeholders in settling issues related to the reserves within the ambit of their powers in accordance with law.

4. Organizations managing wetland reserves shall:

a/ Apply measures to involve residents in buffer zones in the management of the reserves and sustainable use of natural resources in buffer zones;

b/ Coordinate with related local administrations and specialized agencies in settling and handling matters related to buffer zones;

c/ To assume the prime responsibility for or coordinate with stakeholders in implementing approved investment projects in buffer zones to reduce pressure on the biodiversity of wetland reserves.

5. Organizations, households, individuals and residents living or carrying out activities in buffer zones of wetland reserves have the responsibility as well as the right to participate in the environmental protection and biodiversity conservation of wetland reserves and sustainable development of buffer zones which are organized by agencies managing wetland reserves or by local administrations.

Article 20.Conversion, and change of ranks or grades of wetland reserves

1. National parks, nature reserves, habitat/species management areas, and protected landscapes each covering a wetland area accounting for at least 50% of a wetland reserve may be converted into wetland reserves and enjoy investment policies on conservation and sustainable use of wetlands prescribed in this Decree and relevant laws.

2. Wetland reserves may have their ranks or grades changed based on their practical conditions and wetland reserves ranking or grading criteria prescribed in Article 12 of this Decree.

3. The change of ranks or grades of wetland reserves shall be carried out in accordance with the provisions on formulation, appraisal and approval of projects to establish wetland reserves in Articles 13 and 14 of this Decree.

Article 21.Adjustment of boundaries and area of wetland reserves

1. A wetland reserve may have its boundary and area adjusted to meet practical management requirements.

2. The adjustment of the boundary and area of a wetland reserve shall be carried out in accordance with the provisions on formulation, appraisal and approval of projects to establish wetland reserves in Articles 13 and 14 of this Decree and other relevant regulations.

Article 22.Conservation and sustainable use of important wetlands in special-use forests or marine protected areas

For special-use forests and marine protected areas located on or with part of wetland area on the list of important wetlands, the following provisions shall be complied with:

1. Their plans and management regulations must include contents on protection, conservation and sustainable use of wetlands.

2. Activities to conserve wetland ecosystems, maintain the natural hydrological regime, and ensure water environment quality for wetlands in these special-use forests or marine protected areas shall be carried out in accordance with this Decree and relevant regulations.

3. The actual conditions of wetlands in these special-use forests or marine protected areas shall be assessed and solutions for conservation and sustainable development of biodiversity on wetlands shall be implemented.

4. Every 3 years or upon request, reports on management of wetlands in these special-use forests or marine protected areas shall be sent to state management agencies in charge of biodiversity.

Article 23.Management of Ramsar sites

1. Contents of management of activities in Ramsar sites:

a/ Implementing the regulations on management of wetland reserves;

b/ Formulating and implementing programs on conservation and sustainable use of wetlands, and plans on management of Ramsar sites; observing and assessing changes in ecological characters of Ramsar sites on a biannual basis;

c/ Making reports and providing information on Ramsar sites at the request of the national focal point for Ramsar Convention matters and promptly reporting on changes in ecological characters of Ramsar sites;

d/ Assessing the effectiveness of management of Ramsar sites and compliance with requirements on conservation and sustainable use of wetlands set by the Ramsar Convention Secretariat.

2. The Ministry of Natural Resources and Environment shall act as the national focal point in guiding the implementation of the Ramsar Convention; and establish and operate the network of Ramsar sites nationwide.

3. Provincial-level People’s Committees shall coordinate with the Ministry of Natural Resources and Environment in preparing dossiers for nomination and management of Ramsar sites and organize activities under the Ramsar Convention in their localities under the guidance of the Ministry of Natural Resources and Environment.

Section 3

MANAGEMENT OF IMPORTANT WETLANDS OUTSIDE WETLAND RESERVES AND SHARING OF BENEFITS IN THE USE OF IMPORTANT WETLANDS

Article 24.Management of important wetlands outside wetland reserves

1. Provincial-level environmental protection agencies shall assist their provincial-level People’s Committees in performing the state management of the conservation and sustainable use of important wetlands in their localities; formulate a Regulation on coordination in the management of important wetlands outside wetland reserves in their localities and submit it to provincial-level People’s Committee chairpersons for issuance, and organize the implementation thereof.

2. Organizations and individuals carrying out activities on important wetlands shall conserve and sustainably use wetlands under the Regulation on coordination in the management of important wetlands and relevant regulations.

Article 25.Conservation and sustainable use of important wetlands outside wetland reserves

1. Requirements on activities carried out on important wetlands outside wetland reserves:

a/ To maintain the natural hydrological regime of wetlands; to maintain and protect functions and services of wetland ecosystems;

b/ To refrain from carrying out environmental pollution activities in important wetlands; to refrain from harming endangered, precious and rare species and habitats of migratory waterfowl species and waterfowl, and farming places and spawning grounds of fisheries species;

c/ To protect landscapes and historical and cultural relics of wetlands;

d/ To assess environmental impacts of development investment activities in accordance with the law on environmental protection; to refrain from implementing investment projects which may cause harms to the functions and services of wetland ecosystems or alter ecological characters of important wetlands;

dd/ To take measures to prevent changes in ecological characters of important wetlands; to restore degraded important wetlands;

e/ To implement the Regulation on coordination in the management of important wetlands issued by the provincial-level People’s Committee chairperson.

2. Principal contents of the Regulation on coordination in the management of important wetlands:

a/ Boundary and area of the important wetland;

b/ Threats to the wetland and requirements on activities carried out on the wetland, including specific requirements on activities allowed or not allowed to be carried out on the wetland;

c/ Responsibilities of organizations and individuals carrying out activities on the wetland, provincial-level state management agencies, People’s Committees managing geographical areas located within or next to the wetland, and the stakeholders;

d/ Resources for implementation of the Regulation.

3. Protection forests and fisheries resource protection areas on important wetlands must ensure the conservation and sustainable use of the wetlands in accordance with this Decree and relevant regulations.

Article 26.Sharing of benefits from ecosystem services of important wetlands

1. Benefit sharing principles:

a/ To ensure harmony of interests among the stakeholders, and between conservation and use of ecosystems in important wetlands;

b/ Activities using ecosystem services of important wetlands are subject to the benefit sharing mechanism prescribed by law;

c/ Organizations managing wetland reserves may receive shared benefits in cash from activities using wetland ecosystem services or outcomes of researches in wetland reserves for use for the management and conservation of biodiversity of wetlands.

2. Stakeholders that may receive shared benefits from ecosystem services of important wetlands include:

a/ Organizations managing wetland reserves or important wetlands outside the reserves and agencies performing the state management of wetlands;

b/ Communities eligible to participate in the exploitation and use of natural resources of important wetlands in accordance with law;

c/ Organizations and individuals responsible for participating in the conservation and protection of important wetlands in accordance with law;

d/ People’s Committees of localities with important wetlands and other related organizations and individuals.

3. Benefit-sharing activities on important wetlands:

a/ Exploiting and directly using values and products from important wetlands, such as fishing, aquaculture, forest product exploitation and exploitation of other natural resources;

b/ Exploiting and using intangible values, such as eco-tourism, scientific research and training activities, and advertising of products and images of important wetlands and wetland reserves.

4. A benefit-sharing plan must have the following principal contents:

a/ Actual status of wetland ecosystem services and list of benefits to be shared;

b/ Volume, time, method and measures for exploitation and use of ecosystem services;

c/ Rights and obligations of beneficiaries;

d/ Management supervision and impact assessment of the exploitation, and measures to prevent and minimize possible adverse effects or risks during the use of wetland ecosystem services.

5. Responsibilities of stakeholders receiving shared benefits from wetland ecosystem services:

a/ To fulfill the obligations stated in benefit-sharing plans;

b/ To take measures to prevent and respond to incidents causing environmental pollution or degradation of important wetlands when carrying out activities on wetlands.

Chapter IV

RESOURCES FOR CONSERVATION AND SUSTAINABLE USE OF IMPORTANT WETLANDS

Article 27.Finance for management, conservation and sustainable use of wetlands

1. Activities for conservation and sustainable use of wetlands may be financed by:

a/ State budget funds, including the central budget and local budgets as decentralized under the Law on the State Budget. Tasks funded by the central budget or local budgets must comply with the Law on the State Budget;

b/ Investment and support from domestic and foreign organizations and individuals;

c/ Revenues from biodiversity-related environmental services and wetland ecosystem services and profits from services provided on wetlands as prescribed by law.

2. The State shall allocate budget fund reserves for regular expenditures for:

a/ Carrying out activities of conservation and sustainable use of wetlands prescribed in Article 4 of this Decree;

b/ Operating the apparatus of and managing wetland reserves, Ramsar sites, important wetlands outside wetland reserves, and the nationwide network of Ramsar sites.

3. State budget fund reserves for regular expenditures from environmental non-business funds shall be prioritized for activities and tasks of conservation and sustainable use of wetlands.

Article 28.Investment policies for conservation and sustainable use of important wetlands

1. The State shall adopt policies to promote investment in the conservation and sustainable use of important wetlands, including:

a/ Support for and investment in activities of conservation and sustainable use of wetlands as prescribed in Article 5 of this Decree;

b/ Support for and investment in activities of conservation and sustainable use of wetlands within wetland reserves, Ramsar sites, important wetlands outside wetland reserves, and buffer zones of wetland reserves.

2. The state budget shall support funds for:

a/ Building, upgrading and renovating physical and technical foundations for the management, protection and sustainable use of wetlands;

b/ Building and developing buffer zones to serve the conservation and sustainable use of wetlands within wetland reserves, and Ramsar sites; models of sustainable livelihood in buffer zones of wetland reserves, and models of conservation and sustainable use of important wetlands;

c/ Other investment items related to the management, conservation and sustainable use of wetlands in accordance with law.

3. The State shall provide investment incentives for:

a/ Restoration of habitats of endangered, precious and rare species, and endangered, precious and rare species prioritized for protection; restoration of ecological characters of degraded important wetlands;

b/ Conservation of endangered, precious and rare species; endangered, precious and rare species prioritized for protection; and migratory bird and waterfowl species on important wetlands;

c/ Development of environmentally sustainable livelihood models in harmony with the nature and biodiversity.

Article 29.Development of human resources and involvement of communities in conservation and sustainable use of wetlands

1. Development of human resources for management of wetlands:

a/ To strengthen the organizational apparatus for management of important wetland from the central to local level;

b/ To enhance the capabilities of employees of central and local agencies in charge of natural resources and environment management in terms of management, conservation and sustainable use of wetlands;

c/ To improve wetland resources administration skills for organizations managing wetland reserves, communities and stakeholders on important wetlands.

2. Involvement of communities in the conservation and sustainable use of wetlands:

a/ Organizations, households and individuals may access natural resources and information relating to important wetlands in accordance with law; they may be provided with training for raising awareness and skills and increased involvement in the conservation and sustainable use of wetlands;

b/ To promote modes of management or co-management of important wetlands with the participation of communities, administrations of all levels and stakeholders in the conservation and sustainable use of important wetlands; to develop models of community-based sustainable management of important wetlands;

c/ To raise the responsibility of and ensure fair sharing of benefits to communities in the conservation and sustainable use of important wetlands;

d/ To conserve and promote traditional and native values and knowledge in the conservation and sustainable use of important wetlands;

dd/ To enhance public information work and raise awareness about the conservation and sustainable use of wetlands for people of all strata via different media in accordance with law, attaching importance to new and effective media.

Article 30.Resources for implementation of Ramsar Convention and international cooperation on conservation and sustainable use of wetlands

1. To strengthen activities and mobilize resources for the implementation of Ramsar Convention and international cooperation on conservation and sustainable use of important wetlands through raising the quality of human resources, exchanging experts, and training administrators and scientists engaged in wetland-related activities at home and abroad.

2. To mobilize and use official development assistance loans and financial assistance through bilateral and multilateral programs and projects and international organizations regarding the building of models on management, conservation and sustainable use of important wetlands in accordance with current law.

Chapter V

ORGANIZATION OF IMPLEMENTATION AND IMPLEMENTATION PROVISIONS

Article 31.Responsibilities of ministerial-level agencies

1. The Ministry of Natural Resources and Environment shall:

a/ Act as the focal point in assisting the Government in performing the unified state management of the conservation and sustainable use of wetlands nationwide; and guide and inspect the implementation of this Decree;

b/ Manage national-level wetland reserves located in two or more provinces or centrally run cities;

c/ Guide the compilation of statistics, inventory and classification of wetlands nationwide; conduct observation of important wetlands; formulate reports on wetlands; form a council to appraise dossiers of projects to establish wetland reserves; and organize the management of wetland reserves or important wetlands outside wetland reserves;

d/ Discharge other responsibilities in accordance with this Decree.

2. The Ministry of Agriculture and Rural Development shall:

a/ Coordinate with the Ministry of Natural Resources and Environment in managing the conservation and use of important wetlands;

b/ Provide information, basic survey data and scientific research outcomes related to wetlands under its management at the request of the Ministry of Natural Resources and Environment.

3. The Ministry of Finance shall guide the management, use and finalization of funds for the management, conservation and sustainable use of important wetlands.

4. The Ministry of Planning and Investment shall allocate funds for tasks and projects on the management and development of important wetlands which are eligible for public investment funding in accordance with current law.

5. Other ministries and ministerial-level agencies shall, within the ambit of their assigned tasks and powers, coordinate with the Ministry of Natural Resources and Environment in implementing this Decree’s provisions on conservation and sustainable use of wetlands and relevant laws.

Article 32.Responsibilities of provincial-level People’s Committees

1. To perform the state management of the conservation and sustainable use of important wetlands in geographical areas under their management; to organize the implementation of this Decree, and relevant documents on conservation and sustainable use of wetlands in their localities.

2. To organize the management of important wetlands under their responsibilities; to take measures to prevent changes in ecological characters of wetlands and restore degraded natural wetland ecosystems and important wetlands.

3. To conduct public information and education and raising of awareness about environmental protection and biodiversity conservation for people living inside and close to wetlands as well as organizations and individuals carrying out activities related to important wetlands.

4. To allocate local budget funds for the conservation and sustainable use of important wetlands in their localities under regulations.

5. To coordinate with the Ministry of Natural Resources and Environment and related ministries in guiding and inspecting the conservation and sustainable use of important wetlands; to manage inter-provincial wetland reserves based in their localities and provide wetland survey and inventory results to the Ministry of Natural Resources and Environment.

Article 33.Effect

1. This Decree takes effect on September 15, 2019.

2. The Government’s Decree No. 109/2003/ND-CP of September 23, 2003, on conservation and sustainable use of wetlands, ceases to be effective on the effective date of this Decree.

3. For national parks, nature reserves, habitat/species management areas and protected landscapes on the list of important wetlands which are established by competent agencies before the effective date of this Decree, it is not required to carry out formulation and approval procedures for projects to establish new protected areas; organizations managing protected areas shall implement this Decree’s provisions on conservation and sustainable use of wetlands.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC