Nghị định 25/2009/NĐ-CP của Chính phủ về việc quản lý tổng hợp tài nguyên và bảo vệ môi trường biển, hải đảo

DECREE

ON INTEGRATED MANAGEMENT OF NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION OF THE SEA AND ISLANDS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the Vietnam Maritime Code of June 14, 2005;

Pursuant to the May 20, 1998 Law on Water Resources;

Pursuant to the November 26, 2003 Land Law;

Pursuant to the November 26, 2003 Fisheries Law;

Pursuant to the June 17, 2003 Law on National Boundaries;

Pursuant to the December 3, 2004 Law on Forest Protection and Development;

Pursuant to the March 20, 1996 Law on Minerals and the June 14, 2005 Law Amending and Supplementing a Number of Articles of the Law on Minerals;

Pursuant to the November 29, 2005 Law on Environmental Protection;

Pursuant to the November 29, 2006 Law on Dykes;

Pursuant to the 1993 Petroleum Law; the June 28, 2000 Law Amending and Supplementing a Number of Articles of the Petroleum Law; and the June 3, 2008 Law Amending and Supplementing a Number of Articles of the Petroleum Law;

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

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the integrated management of natural resources and environmental protection in coastal areas, sea areas and islands of Vietnam; responsibilities of agencies, organizations and individuals involved in the management, exploitation and use of natural resources and environmental protection of the sea and islands.

Article 2. Subjects of application

This Decree applies to domestic agencies, organizations and individuals and foreign organizations and individuals (below collectively referred to as organizations and individuals) involved in the management, exploitation and use of natural resources and environmental protection of the sea and islands.

When treaties to which the Socialist Republic of Vietnam is a contracting party provide differently, those treaties prevail.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Natural resources of the sea and islands means forms of biological resources, non-biological resources, geographical position-based resources and other forms of renewable and non-renewable resources in coastal areas, sea areas and islands of Vietnam.

2. Environment of the sea means distinctive physical, chemical and biological elements of seawater, coastal soil, marine sediments, air above the sea and marine ecosystems that exist objectively and affect humans and organisms.

3. Vietnam’s sea areas include internal waters and territorial sea the contiguous zone, the exclusive economic zone, and the continental shelf of Vietnam.

4. Coastal area means a transition area between the continent and sea, including inshore sea areas and coastal land areas determined by administrative management boundaries.

5. Integrated management of natural resources and environment of the sea and islands means interdisciplinary and inter-regional management, ensuring harmony between national interests and interests of branches, domains, localities, organizations and individuals involved in the management, exploitation and use of natural resources and environmental protection of the sea and islands.

6. Basic survey on natural resources and environment of the sea and islands means activities of collecting, processing and managing data on natural conditions, resources and environment of the sea and islands.

Article 4. Principles for integrated management of natural resources and environmental protection of the sea and islands

1. Ensuring unified, interdisciplinary and inter-regional management and simultaneously harmonizing common interests of involved parties in the exploitation and use of natural resources and environmental protection of the sea and islands; closely combining the development of sea areas and islands with that of inland areas toward industrialization and modernization.

2. Closely combining socio-economic development with environmental protection, ensuring safety at sea and simultaneously contributing to protecting national security, sovereignty and integrity.

3. Increasing and diversifying forms of investment, attracting all domestic and international resources for socio-economic development and environmental protection of the sea and islands.

4. Proactively preventing, stopping and mitigating pollution and remedying degradation of the environment of the sea and islands; protecting and developing ecosystems of the sea and islands for sustainable development.

5. Observing marine treaties to which Vietnam is a contracting party.

Article 5. Contents of integrated management of natural resources and environmental protection of the sea and islands

1. To elaborate and promulgate legal documents on integrated management of natural resources and environmental protection of the sea and islands.

2. To elaborate master plans on use of natural resources and environmental protection of the sea and islands.

3. To uniformly manage basic surveys on and exploitation and use of natural resources and environmental protection of the sea and islands.

4. To carry out international cooperation on integrated management of natural resources and environmental protection of the sea and islands.

5. To prevent, stop and control pollution of the environment of the sea and islands; to respond to and remedy environmental incidents and protect the coastal environment.

Chapter II

INTEGRATED MANAGEMENT OF NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION OF THE SEA AND ISLANDS

Article 6. Principles for planning on use of natural resources and environmental protection of the sea and islands

1. Ensuring the unity, systemization of and conformity with characteristics, geographical positions and natural rules of sea areas, coastal areas and islands.

2. Ensuring national interests, harmoniously combining interests of branches, domains and localities in the exploitation and use of marine and island natural resources in line with the national socio-economic development strategy.

3. Mitigating adverse impacts and simultaneously protecting and improving environment quality, ensuring sustainable use of marine natural resources and promoting economic development of the sea and islands.

Article 7. Bases for planning on use of natural resources and environmental protection of the sea and islands

1. National socio-economic development strategies and master plans; national environmental protection strategies.

2. Orientations for sustainable development strategies and marine strategies of Vietnam.

3. Natural and socio-economic conditions of the country and key economic regions.

4. Current status of exploitation and use of natural resources and environmental protection of the sea and islands of the country, regions and coastal and island provinces and centrally run cities (below referred to as coastal provinces).

5. Values of natural resources and vulnerability of the environment of the sea and islands.

Article 8. Contents of planning on use of natural resources and environmental protection of the sea and islands

1. To analyze and evaluate natural and socio-economic conditions and the current status of exploitation and use of natural resources and environmental protection of the sea and islands.

2. To set directions, targets and orientations for reasonable use of natural resources and environmental protection of the sea and islands.

3. To identify positions and areas of. and display on maps, zones which use sea surface, seabed and islands for socio-economic development, defense and security; to determine areas banned from exploitation, areas subject to conditional exploitation and specially protected areas for defense, security, environmental protection and ecosystem conservation purposes and floating and undersea works.

4. To specifically determine vulnerable coastal areas such as banks, erosive coastal areas, protection forests, wetlands and coastal sand, and buffer zones and devise appropriate management and protection solutions.

5. Solutions to implement master plans on use of natural resources and environmental protection of the sea and islands.

Article 9. Elaboration and approval of master plans on use of natural resources and environmental protection of the sea and islands

1. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with ministries, branches and People’s Committees of coastal provinces in, elaborating a national master plan on use of natural resources and environmental protection of the sea and islands and submit it to the Government for approval. A master plan on use of natural resources and environmental protection of the sea and islands related to defense and security must be commented by the Ministry of Defense and the Ministry of Public Security before being submitted to the Government for approval.

2. Ministries, branches and People’s Committees of coastal provinces shall propose their needs for exploitation and use of natural resources and environmental protection of the sea and islands to the Ministry of Natural Resources and Environment for inclusion into the master plan on use of natural resources and environmental protection of the sea and islands.

3. A master plan on use of natural resources and environmental protection of the sea and islands shall be formulated for ten (10) years with orientations for twenty (20) subsequent years. Every five (05) years, such plan must be evaluated and adjusted to match changes and adjustments in the bases for planning on use of natural resources and environmental protection of the sea and islands specified in Article 7 of this Decree.

Article 10. Implementation of the master plan on use of natural resources and environmental protection of the sea and islands

1. The Ministry of Natural Resources and Environment shall direct, guide, manage and organize the implementation of the master plan on use of natural resources and environmental protection of the sea and islands; and examine the implementation thereof.

2. Ministries, branches and People’s Committees of coastal provinces shall direct and organize the proper implementation of the master plan on use of natural resources and environmental protection of the sea and islands already approved by competent state agencies.

3. Investors of projects related to the exploitation and use of marine and island natural resources shall comply with the master plan on use of natural resources and environmental protection of the sea and islands already approved by competent state agencies.

Article 11. Bases for formulating programs and plans on integrated management of natural resources and environmental protection of the sea and islands

1. The master plan on use of natural resources and environmental protection of the sea and islands already approved by competent state agencies.

2. Five-year and annual socio-economic development plans of the State and localities.

3. Needs of organizations, individuals and communities for exploitation and use of natural resources and environment of the sea and islands.

Article 12. Contents of programs and plans on integrated management of natural resources and environmental protection of the sea and islands

1. To evaluate the current status of integrated management of natural resources and environmental protection of the sea and islands.

2. To identify targets of integrated management of natural resources and environmental protection of the sea and islands.

3. To set the order of priority for integrated management of natural resources and environmental protection of the sea and islands.

4. To propose specific mechanisms, policies, solutions and activities for integrated management of natural resources and environmental protection of the sea and islands.

5. To identify resources for integrated management of natural resources and environmental protection of the sea and islands.

Article 13. Elaboration and approval of programs and plans on integrated management of natural resources and environmental protection of the sea and islands

1. Ministries, branches and People’s Committees of coastal provinces shall, within the scope of their management, elaborate programs and plans on exploitation and use of natural resources and environmental protection of the sea and islands and submit them to the Ministry of Natural Resources and Environment for sum-up.

2. Based on the approved master plan on use of natural resources and environmental protection of the sea and islands, the Ministry of Natural Resources and Environment shall review programs and plans on exploitation and use of natural resources and environmental protection of the sea and islands of ministries, branches and localities; elaborate and submit to the Prime Minister for approval interdisciplinary and inter-provincial programs and plans on exploitation and use of natural resources and environmental protection of the sea and islands.

Article 14. Implementation of programs and plans on integrated management of natural resources and environmental protection of the sea and islands

1. The Prime Minister shall decide to establish interdisciplinary steering committees for the implementation of programs and plans on integrated management of natural resources and environmental protection of the sea and islands, which involve different ministries, branches and localities.

2. The Vietnam Sea and Island Administration shall act as the standing body of interdisciplinary steering committees for coordinating the implementation of programs and plans on integrated management of natural resources and environmental protection of the sea and islands.

Article 15. Management of basic surveys on natural resources and environment of the sea and islands

1. All basic surveys and scientific research on the sea. islands and oceans must be licensed by competent state agencies under law.

2. The Ministry of Natural Resources and Environment shall:

a/ Appraise, or participate in the appraisal of, programs and plans on marine, island and oceanic basic surveys and scientific studies of ministries, branches and localities under law;

b/ Coordinate with concerned agencies in monitoring, urging, examining and reviewing the implementation of programs and plans on marine, island and oceanic basic surveys and scientific studies of ministries, branches and localities; and propose adjustments to these programs and plans.

3. Ministries, branches and People’s Committees of coastal provinces shall annually report to the Ministry of Natural Resources and Environment on the implementation of programs and plans on marine, island and oceanic basic surveys and scientific studies.

Article 16. Management of the exploitation and use of marine and island natural resources

1. Capable organizations and individuals that wish to exploit and use marine and island natural resources must be licensed by competent state agencies under law.

2. The exploitation and use of marine and island natural resources shall be licensed in accordance with the master plan on use of natural resources and environmental protection of the sea and islands; specialized master plans already approved by competent state agencies; and demands for exploitation and use of marine and island natural resources presented in proposals or projects on exploitation and use of marine and island natural resources under law.

Article 17. Prevention, stoppage and control of sea and island pollution

1. Measures to prevent, stop and control sea and island pollution:

a/ Owners of production and business establishments on islands and owners of vessels at sea shall report on the volume of waste and waste treatment plans to environment slate management agencies; owners of vessels and goods storing facilities at sea prone to environmental incidents shall adopt schemes to prevent such incidents and notify environment state management agencies, the National Search and Rescue Committee and the Marine Police thereof;

b/ Wastewater from oilrigs and vessels and ballast water of organizations and individuals operating on Vietnam’s seas may only be discharged into the sea after being treated in compliance with technical regulations on environment;

c/ Solid waste from oilrigs and vessels must be managed under law;

d/ Aquaculture activities in Vietnam’s sea and coastal areas must comply with the environmental protection law and relevant laws;

e/ Mud dredged from fairways and seaports must be discharged at sites permitted by competent state agencies.

2. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with concerned ministries and branches in, studying, surveying and evaluating the status of pollution of the sea and islands, and zone off seriously polluted areas; tackle and remedy consequences of pollution, restore and improve the quality of the marine and island environment; promulgate regulations on waste management and control of pollution of the sea and islands; and direct and guide People’s Committees of coastal provinces in implementing these regulations.

3. Concerned ministries and branches shall coordinate with the Ministry of Natural Resources and Environment in surveying and evaluating the current status of pollution of the sea and islands; formulate, promulgate and examine the implementation of technical regulations on waste management and control of pollution of the sea and islands caused by their activities; mobilize specialized forces to examine and supervise the implementation of the law on waste management and control of pollution of the sea and islands.

4. People’s Committees of coastal provinces shall manage, examine, supervise and handle acts of polluting the environment of the sea and islands in their localities under law.

Article 18. Response to and remedy of environmental incidents and natural disasters in Vietnam’s coastal and sea areas and islands

1. Response to and remedy of environmental incidents and natural disasters in Vietnam’s coastal and sea areas and islands cover:

a/ Monitoring, fully and promptly warning environmental incidents and natural disasters in Vietnam’s coastal and sea areas and islands;

b/ Promptly and effectively responding to environmental incidents and natural disasters to mitigate their harmful impacts;

c/ Tackling and remedying environmental consequences caused by environmental incidents and natural disasters;

d/ Organizations and individuals causing environmental incidents at sea and on islands shall pay environmental damages and be handled under law;

e/ Increasing international cooperation on response to environmental incidents and warning of natural disasters.

2. The State encourages organizations and individuals that have production and business activities at sea or live in coastal areas and islands to buy insurance against risks caused by natural disasters. The Ministry of Finance shall specifically guide this Clause.

3. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with ministries, branches and People’s Committees of coastal provinces in, monitoring, controlling and warning environmental incidents and natural disasters; elaborating strategies and action plans to adapt to rising sea level; and working out roadmaps to accede to treaties on response to environmental incidents and natural disasters.

4. The Ministry of Natural Resources and Environment shall coordinate with the National Search and Rescue Committee and concerned ministries and branches in responding to environmental incidents and natural disasters.

5. People’s Committees of coastal provinces shall, within the scope of their state management, tackle and remedy consequences of environmental incidents and natural disasters and request compensation for environmental damage under law.

Article 19. Protection of the coastal environment

1. The State shall adopt policies to protect the environment of, and ensure people’s safety in and sustainable socio-economic development for, coastal areas.

2. Changes in coastal areas must be observed and evaluated and trends of these changes must be forecast; buffer zones must be delimited and zoned off to protect vulnerable and greatly changing coastal areas such as banks, erosive coastal areas, sandy areas, protection forests and coastal wetlands, and work out appropriate management and protection solutions.

3. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with concerned ministries and branches and People’s Committees of coastal provinces in, elaborating a national strategy to protect the coastal environment and submitting it to the Prime Minister for approval.

4. Concerned ministries and branches shall coordinate with the Ministry of Natural Resources and Environment in guiding and directing People’s Committees of coastal provinces in managing and protecting the coast under law.

5. People’s Committees of coastal provinces shall, within the scope of their management, manage and protect the coast, identify vulnerable and greatly changing coastal areas and propose and implement appropriate management and protection solutions.

Article 20. Settlement of disputes and complaints related to the management and exploitation of natural resources and environmental protection of the sea and islands

1. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with concerned agencies in, settling or proposing competent authorities to settle disputes related to the interdisciplinary or inter-provincial management and exploitation of natural resources and environmental protection of the sea and islands.

2. Ministries and ministerial-level agencies shall settle disputes related to the exploitation of marine and island natural resources within their state management.

3. People’s Committees of coastal provinces shall settle disputes related to the management and exploitation of natural resources and environmental protection of the sea and islands within their state management.

4. Complaints about the management and exploitation of natural resources and environmental protection of the sea and islands shall be settled under the law on complaints and denunciations.

Chapter III

CONDITIONS TO ENSURE INTEGRATED MANAGEMENT OF NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION OF THE SEA AND ISLANDS

Article 21. Funds for integrated management of natural resources and environmental protection of the sea and islands

1. Funding sources for integrated management of natural resources and environmental protection

of the sea and islands include:

a/ State budget;

b/ Other lawful sources under law.

2. State budget funds for development investment shall be used to perform the following tasks:

a/ Building surveying fleets, systems of observation of natural resources and environment of the sea; systems of warning and supervision of natural resources and environment of the sea;

b/ Building infrastructure and procuring equipment for the integrated management of natural resources and environmental protection of the sea and islands and response to environmental incidents;

c/ Building other works related to integrated management of natural resources and environmental protection of the sea and islands.

3. State budget funds for regular spending shall be used to perform the following tasks:

a/ Conducting basic surveys on natural resources arid environment of the sea and islands;

b/ Planning integrated management of natural resources and environmental protection of the sea and islands;

c/ Conducting scientific research, exploring and forecasting changes in natural resources and environmental developments of the sea and islands;

d/ Disseminating and educating about laws, raising the sense of management of natural resources and environmental protection of the sea and islands;

e/ Training in and enhancing the capacity of state management of natural resources and environmental protection of the sea and islands and response to environmental incidents;

f/ Carrying out international cooperation on management of natural resources and environmental protection of the sea and islands;

g/ Carrying out other activities related to integrated management of natural resources and environmental protection of the sea and islands.

Article 22. Human resource development

1. The State prioritizes training and encourages enterprises and social organizations to join in training and developing personnel in research, survey, exploration and management of natural resources and environmental protection of the sea and islands.

2. Based on the Ministry of Natural Resources and Environment’s forecasts on long-term needs for human resources for research, survey and management of natural resources and environmental protection of the sea and islands, the Ministry of Education and Training shall work out plans to train human resources in relevant disciplines at domestic and foreign universities, colleges and professional secondary schools, elaborate specialized training contents meeting the requirement of developing the contingent of personnel in research, survey, exploration and management of natural resources and environmental protection of the sea and islands.

3. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, submitting to the Prime Minister for promulgation incentive regimes on occupational allowance and work responsibility allowance for civil servants who study, survey and explore natural resources and environment of the sea and islands.

Article 23. Public information on integrated management of natural resources and environmental protection of the sea and islands

1. The State prioritizes public information work to raise awareness about the protection of national sovereignty and interests at sea and exploitation and sustainable use of natural resources and environmental protection of the sea and islands, and encourages organizations and individuals to take initiative and actively participate in disseminating in different forms information on the implementation of policies and laws on management of natural resources and environmental protection of the sea and islands.

2. Public information work concerning integrated management of natural resources and environmental protection of the sea and islands covers:

a/ Organizing Vietnam Sea and Island Week to mark the World Ocean Day and major national and international events related to integrated management of natural resources and environmental protection of the sea and islands;

b/ Editing, distributing and disseminating publications and documents and disseminating on the mass media information on natural resources and environment of the sea and islands;

c/ Organizing prizes and forms of reward for organizations and individuals who make outstanding achievements in introducing initiatives and technical solutions for effective and sustainable exploitation and use of marine natural resources or well protecting the environment of the sea and islands;

d/ Disseminating in other forms information on natural resources and environment of the sea and islands.

3. The Ministry of Natural Resources and Environment shall:

a/ Assume the prime responsibility for, and coordinate with ministries, branches, coastal provinces and communication and media agencies in, formulating and implementing public information programs, plans and schemes; organizing prizes and forms of reward and seeking and attracting domestic and foreign organizations and individuals to fund and support the dissemination of information on integrated management of natural resources and environmental protection of the sea and islands;

b/ Coordinate with the Ministry of Education and Training in selecting and incorporating appropriate topics and contents on management of natural resources and environmental protection of the sea and islands into education and training programs in the national education system.

4. Ministries, ministerial-level agencies and government-attached agencies shall direct communication and media agencies and specialized agencies under their management in disseminating and educating about the law on exploitation and use of natural resources and environmental protection of the sea and islands in their branches and domains.

5. People’s Committees of coastal provinces shall:

a/ Direct provincial-level Natural Resources and Environment Services in coordinating with local communication and media agencies and specialized agencies in elaborating and implementing public information schemes, programs and plans on natural resources management and environmental protection of the sea and islands;

b/ Prioritize local budget funds and seek and attract domestic and foreign organizations and individuals to fund and support law propagation, dissemination and education and building of a network of communicators on natural resources management and environmental protection of the sea and islands in their localities.

Article 24. Participation of organizations and individuals in natural resources management and environmental protection of the sea and islands

1. The State encourages public feedback on policies, laws, strategies, action plans and projects to manage, exploit and use natural resources and environmental protection of the sea and islands; and encourages organizations and individuals to invest in projects to exploit and rationally use natural resources and protect the environment of the sea and islands under law.

2. The State adopts polices to support research, build and popularize community-based models to manage and exploit natural resources and protect the environment of inshore and coastal areas and islands.

Article 25. Science and technology activities in integrated management of natural resources and environmental protection of the sea and islands

1. The State encourages organizations and individuals to study, apply and transfer technologies and carry out international cooperation on science and technology for integrated management of natural resources and environmental protection of the sea and islands.

2. Scientific and technological research into integrated management of natural resources and environmental protection of the sea and islands covers:

a/ Research and finding out of rules on natural conditions, natural resources, biodiversity and environment of the sea and islands:

b/ Study on theoretical and practical grounds to serve the adoption of policies and regulations for integrated management of natural resources and environmental protection of the sea and islands;

c/ Study, survey and exploration to provide scientific grounds for the formulation of the process, technical norms, standards and regulations, econo-technical norms for management of natural resources and environmental protection of the sea and islands;

d/ Study, application and transfer of technologies for integrated management of natural resources and environmental protection;

e/ Other scientific and technological research and application activities related to integrated management of natural resources and environmental protection.

3. The Ministry of Natural Resources and Environment shall set priorities and major science and technology tasks on natural resources and environment of the sea and islands; participate in elaborating policies to develop high and spearhead technologies for integrated management of natural resources and environmental protection of the sea and islands under law.

Article 26. International cooperation on integrated management of natural resources and environmental protection of the sea and islands

1. The State cooperates with other countries, foreign and international organizations in the following areas:

a/ Research, elaboration and completion of the system of legal documents on natural resources management and environmental protection of the sea and islands;

b/ Survey and research into natural resources and environment of the sea and islands; scientific-technological application in marine survey and study; survey and assessment of the vulnerability of natural resources and environment of the sea and islands; forecast on natural disasters and marine environment pollution caused by the exploitation of natural resources of the sea and islands;

c/ Sustainable exploitation of marine resources on the principles of firmly maintaining national independence, sovereignty and integrity and ensuring security and defense at sea;

d/ Protection of marine biodiversity and maintenance of the productivity and diversity of ecosystems of the sea and coastal areas;

e/ Treatment of waste from marine economic activities, treatment of sea pollution, response to oil spills and adaptation to climate change;

f/ Search and rescue at sea.

2. The Ministry of Natural Resources and Environment shall act as the key agency for international cooperation on management of natural resources and environmental protection of the sea and islands.

3. Ministries, branches and localities engaged in sea-related international cooperation shall make annual reports and evaluation on such cooperation and send them to the Ministry of Natural Resources and Environment for review and report to the Prime Minister.

Chapter IV

RESPONSIBILITIES OF AGENCIES IN CHARGE OF NATURAL RESOURCES MANAGEMENT AND ENVIRONMENTAL PROTECTION OF THE SEA AND ISLANDS

Article 27. Responsibilities of the Ministry of Natural Resources and Environment

1. To submit to the Government or the Prime Minister for promulgation or promulgate according to its competence legal documents, mechanisms, policies, process of and regulations on management, exploitation and use of natural resources and environmental protection of the sea and islands.

2. To assume the prime responsibility for. and coordinate with ministries, branches and People’s Committees of coastal provinces in, planning basic surveys on marine resources and environment; to formulate marine and oceanic research programs and programs on integrated management and environmental protection of coastal-areas and submit them to the Prime Minister for approval and organize their implementation after they are approved.

3. To guide and examine People’s Committees of coastal provinces in formulating and implementing programs and plans on integrated management of natural resources and environmental protection of the sea and islands; to develop instructions to evaluate the progress and results of integrated management of natural resources and environmental protection of the sea and islands.

4. To build a national observation system for natural resources and environment of the sea and islands.

5. To review and evaluate the socio-economic potential of Vietnam’s sea; to collect statistics on, classify and evaluate the potential of sea areas, islands, archipelagoes and undersea grounds under Vietnam’s sovereignty; to analyze, evaluate and forecast issues related to marine exploitation, scientific research and international cooperation.

6. To build and manage a national database on natural resources and environment of the sea and islands.

7. To assume the prime responsibility for, and coordinate in, settling or proposing competent authorities to settle interdisciplinary or inter-provincial matters related to the management, exploitation and use of natural resources and environmental protection of the sea and islands.

8. To elaborate plans on investment in and plans to operate, use and manage special-use works and means in research and surveys on natural resources and environment of the sea and islands under law.

9. The Vietnam Sea and Island Administration under the Ministry of Natural Resources and Environment shall advise and assist the Minister of Natural Resources and Environment in performing the integrated and unified state management of the sea and islands.

Article 28. Responsibilities of ministries and branches

1. The Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment and coastal provinces in, demarcating boundaries for management of the sea and islands according to the decentralization mechanism and submitting them to competent state agencies for approval.

2. The Ministry of Defense and the Ministry of Public Security shall mobilize forces to respond to and remedy environmental incidents on Vietnam’s sea and islands; and direct, guide, examine and inspect the protection of natural resources and environment of the sea and islands according to their competence.

3. Within the scope of their management, ministries and ministerial-level agencies shall:

a/ Promulgate technical regulations, techno-economic norms on management, exploitation and use of marine and island natural resources according to line management requirements;

b/ Elaborate programs and plans to survey, explore and exploit natural resources of the sea and islands under their management;

c/ Coordinate with the Ministry of Natural Resources and Environment in settling or proposing competent authorities to settle interdisciplinary or inter-provincial matters on management and exploitation of natural resources and environmental protection of the sea and islands; inspect, examine, and handle violations of the law on management and exploitation of natural resources and environmental protection of the sea and islands under law;

d/ Annually report to the Ministry of Natural Resources and Environment on the management and exploitation of natural resources of the sea and islands under their management.

Article 29. Responsibilities of People’s Committees of coastal provinces

1. To manage resources and protect the environment of the sea and islands under their management and as decentralized.

2. To evaluate the socio-economic potential and the exploitation and use of sea areas and islands under their management; to collect statistics on, classify and evaluate resources of sea areas, islands, archipelagoes and undersea grounds under their management.

3. To survey, evaluate and control sea and island environmental pollution and degradation caused by the exploitation and use of the sea and islands and incidents or natural disasters at sea under their management.

4. To propagate and raise awareness about the protection of sovereignty and natural resources and environment of sea areas and islands.

5. To annually report to the Ministry of Natural Resources and Environment on the management, exploitation and use of natural resources and environmental protection of the sea and islands in their localities.

Chapter V

IMPLEMENTATION PROVISIONS

Article 30. Effect

1. This Decree takes effect on May 1, 2009.

2. The Minister of Natural Resources and Environment shall guide and examine the implementation of this Decree.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of People’s Committees of coastal provinces shall implement this Decree.