Circular No. 07/2020/TT-BTNMT detailing the contents at Point c Clause 1 Article 31 of Decree No. 66/2019/NĐ-CP dated July 29, 2019 of the Government on the conservation and sustainable use of wetland areas

CIRCULAR

Detailed regulations on the contents specified in Point c Clause 1 Article 31of Decree No. 66/2019/NĐ-CP dated July 29, 2019 of the Government on conservationand sustainable use of wetlands

 

Pursuant to the Law on Biodiversity dated November 13, 2008;

Pursuant to Decree No. 66/2019/NĐ-CP dated July 29, 2019 of the Government on conservation and sustainable use of wetlands;

On the basis of Decision No. 36/2017/NĐ-CP dated April 4, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Upon the proposal of the Director General of the Department of Environment and the Head of the Legal Department;

The Minister of Natural Resources and Environment promulgates this Circular detailing the contents specified in Point c Clause 1 Article 31 of Decree No. 66/2019/NĐ-CP dated July 29, 2019 of the Government on conservation and sustainable use of wetlands.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details the contents specified in Point c Clause 1 Article 31 of Decree No. 66/2019/NĐ-CP dated July 29, 2019 of the Government on conservation and sustainable use of wetlands, including: classification, statistics, inventory of wetlands nationwide; monitoring important wetland areas; building reports on wetland areas; organizing review boards for project establishment files for wetland conservation areas; managing wetland conservation areas and important wetlands outside conservation areas.

Article 2. Applicability

This Circular applies to organizations, households, individuals within Vietnam, overseas Vietnamese, foreign organizations and individuals directly involved or related to the conservation and use of wetlands within the territory of Vietnam.

Chapter II

CLASSIFICATION, STATISTICS, INVENTORY OF WETLANDS, MONITORING IMPORTANT WETLAND AREAS, BUILDING REPORTS ON WETLAND AREAS

Article 3. Classification of Wetlands

1. Classification of wetlands refers to the identification of types of wetlands for management, conservation, and sustainable use of wetland areas.

2. Based on hydrological, marine, topographical, geomorphological, soil conditions, human impact, and sea and land factors, wetlands are divided into three groups as follows:

a) Coastal and island wetlands are natural saline and brackish wetlands along coasts and islands (Group I);

b) Inland wetlands are natural freshwater wetlands located inland or near coasts (Group II);

c) Artificial wetlands are wetlands formed due to human activities (Group III).

3. Coastal and island wetlands include the following areas:

a) Wetlands from the mean high tide line over many years out to the lowest seawater line (lowest water mark) over many years;

b) Wetlands from the lowest seawater line over many years out to a depth of six meters below sea level.

4. Wetlands not covered by Clause 3 of this Article are inland wetlands with boundaries determined from the mean high tide line over many years inland.

5. Based on topography, geomorphology, hydrology, marine conditions, soil, vegetation cover, biological factors, land use status, and surface water conditions, the wetlands belonging to the three groups specified in Clause 2 of this Article are classified into 26 types of wetlands as stipulated in Appendix I attached to this Circular.

Article 4. Statistics and Inventory of Wetlands

1. The statistics and inventory of wetlands for the groups specified in Clause 2, Article 3 of this Circular shall be carried out in accordance with the laws on land, natural resources, marine environment, and islands, specifically:

a) The statistics and inventory of wetland areas specified in Point a, Clause 3 and Clause 4, Article 3 of this Circular shall be conducted in accordance with the laws on land.

b) The statistics and inventory of wetland areas specified in Point b, Clause 3, Article 3 of this Circular shall be conducted in accordance with the laws on natural resources, marine environment, and islands.

2. The People's Committee of provinces and centrally governed cities (hereinafter referred to collectively as the Provincial People's Committee) shall organize the implementation of statistics and inventory of wetlands within their jurisdiction and submit the results of such statistics and inventory to the Ministry of Natural Resources and Environment.

Article 5. Monitoring Important Wetland Areas

1. The monitoring of hydrological regimes in important wetland areas shall be carried out in accordance with regulations on hydrological monitoring. The monitoring of water quality and sediment in important wetland areas shall be carried out in accordance with regulations on environmental monitoring.

2. The contents of biodiversity monitoring and threats to important wetland areas shall be implemented as follows:

a) Biodiversity: monitoring the number and composition of endemic, endangered, rare, and valuable species; the number of individuals of protected species; the number of individuals of water birds and migratory birds;

b) Threats: monitoring the number of invasive alien species; the number of illegal exploitation activities in important wetland areas;

c) The monitoring contents specified in Points a and b of this clause shall be conducted through field surveys and investigations. The minimum frequency of monitoring shall be once a year.

3. The area, boundaries of important wetland areas, and types of wetlands shall be monitored through field surveys and investigations with a minimum frequency of once a year.

4. The results of monitoring specified in Clauses 1, 2, and 3 of this Article shall be submitted to the provincial specialized agencies responsible for environmental protection.

Article 6. Preparation of Reports on Wetland Areas

1. The Provincial People's Committee shall organize the preparation of reports on wetland areas according to the Model Outline prescribed in Appendix II attached to this Circular.

2. Forms of report and methods of submitting reports:

a) The report shall be prepared in one of two forms: a paper report signed by the head of the agency and stamped as required; an electronic report signed digitally by the head of the agency and stamped as required;

b) The report shall be sent to the recipient using one of the following methods: direct delivery; postal service; email system; management information system of the Ministry of Natural Resources and Environment for guidance and control. submit the report through one of the following methods: directly; postal service; electronic mail system; management system for state administration, guidance, and operation of the Ministry of Natural Resources and Environment.

3. Time for finalizing data and deadline for submitting reports:

a) The time for finalizing report data shall be from November 15 of the year preceding the reporting period to November 14 of the reporting period;

b) Deadline for submitting reports: every three years, the Provincial People's Committee shall be responsible for submitting reports on wetland areas under its jurisdiction to the Ministry of Natural Resources and Environment before November 30 of the reporting period.

Chapter III

ORGANIZATION OF THE COUNCIL FOR REVIEWING PROJECT FILES FOR ESTABLISHING WETLAND RESERVES

Article 7. Establishment of the project review board for the establishment of wetland conservation areas

1. The Ministry of Natural Resources and Environment shall establish the inter-ministerial project review board for the establishment of national-level wetland conservation areas in accordance with point c, Clause 1, Article 13 of Government Decree No. 66/2019/NĐ-CP dated July 29, 2019 on the conservation and sustainable use of wetlands.

2. The Chairman of the Provincial People's Committee shall establish the project review board for the establishment of provincial-level wetland conservation areas in accordance with point b, Clause 1, Article 14 of Government Decree No. 66/2019/NĐ-CP dated July 29, 2019 on the conservation and sustainable use of wetlands.

Article 8. Conditions for convening the project review board meeting

The project review board meeting shall be convened when the following requirements are met simultaneously:

1. There must be complete application files for the review of the project to establish wetland conservation areas in accordance with Clause 4, Article 13 of Government Decree No. 66/2019/NĐ-CP dated July 29, 2019 on the conservation and sustainable use of wetlands for national-level conservation areas, and Clause 3, Article 14 of Government Decree No. 66/2019/NĐ-CP dated July 29, 2019 on the conservation and sustainable use of wetlands for provincial-level conservation areas.

2. The Chairman of the Board must participate; members of the board representing the Provincial People's Committee for the national-level conservation area project review board; representatives of the District People's Committee for the provincial-level conservation area project review board; and more than two-thirds (2/3) of the total number of board members as decided.

Article 9. Principles of operation of the project review board

1. The board operates based on the principles of collective discussion, transparency, voting, and decision-making by majority.

2. The opinions of each board member and the board's opinion are reflected in the minutes of the project review board meeting.

3. The board concludes at two levels: meeting requirements when at least two-thirds (2/3) of the board members as decided evaluate as satisfactory, and satisfactory with conditions for revision and supplementation; not meeting requirements when more than one-third (1/3) of the board members evaluate as unsatisfactory.

4. The result of the review is the conclusion of the Chairman of the project review board according to the two levels specified in Clause 3 of this Article.

In case the review of the project establishment file for the wetland conservation area does not meet the requirements, the agency assigned to establish the project shall perfect the project file according to the board's conclusions and submit it to the organizing agency for another review meeting.

5. The project review board shall dissolve itself after completing its tasks.

Article 10. Responsibilities and authorities of the project review board

1. Responsibilities and authorities of the Chairman of the Board:

a) Decide to convene the project review board meeting;

b) Chair the project review board meeting;

c) Handle opinions raised during the project review board meeting; conclude the meeting and bear responsibility for the board's conclusions;

d) Sign the minutes of the project review board meeting and bear responsibility for the completeness and truthfulness of the contents recorded in the meeting minutes according to Model No. 3.3 stipulated in Appendix III issued together with this Circular;

đ) Fulfill the responsibilities and authorities of a board member as stipulated in Clause 2 of this Article.

2. Responsibilities and authorities of board members:

a) Examine, study, assess, and provide comments to improve the content of the project establishment file for the wetland conservation area;

b) Participate in the project review board meeting; if unable to attend the meeting, have the responsibility to send written comments on the project establishment file for the wetland conservation area to the organizing agency at least one working day before the meeting;

c) Write comments on the project establishment file for the wetland conservation area according to Model No. 3.1 stipulated in Appendix III issued together with this Circular and present these comments at the project review board meeting;

d) Fill out the project establishment file review form for the wetland conservation area according to Model No. 3.2 stipulated in Appendix III issued together with this Circular;

đ) Express opinions at the project review board meeting; reserve opinions in cases where they differ from the board's conclusion;

e) Write comments on the revised and supplemented project establishment file for the wetland conservation area upon request in writing by the organizing agency after the project review board meeting;

g) Participate in activities related to the review of the project establishment file for the wetland conservation area when requested by the Chairman of the Board or the organizing agency;

h) Bear responsibility to the organizing agency for comments and assessments on the project establishment file for the wetland conservation area and the contents of work assigned during the review process; ensure confidentiality regulations within the file and the review process according to the law, and return these documents when requested by the organizing agency after completing the task.

Chapter IV

ORGANIZATION AND MANAGEMENT OF WETLAND CONSERVATION AREAS, IMPORTANT WETLANDS OUTSIDE THE CONSERVATION AREA

Article 11. Management Organization of Wetland Conservation Areas

1. Based on the scale of area, biological diversity value, environment, land use rights of the region where the wetland conservation area is established, and practical conditions, the competent authority establishing the conservation area shall decide on the management organization of the wetland conservation area in accordance with the provisions of the law.

2. The management organization of the wetland conservation area must ensure appropriate conditions to perform functions and tasks as stipulated in Clause 2, Article 15 of Decree No. 66/2019/ND-CP dated July 29, 2019 of the Government on the conservation and sustainable use of wetlands; implement the management plan for the wetland conservation area approved according to the Model Form specified in Appendix IV and the management regulations for the wetland conservation area approved according to the Model Form specified in Appendix V issued together with this Circular.

Article 12. Management Organization of Important Wetland Areas Outside Conservation Areas

1. The provincial specialized agency for environmental protection assists the People's Committee of the province in performing the following tasks:

a) State management of the conservation and sustainable use of important wetland areas within its jurisdiction in accordance with Article 24 of Decree No. 66/2019/ND-CP dated July 29, 2019 of the Government on the conservation and sustainable use of wetlands;

b) Tasks stipulated in Article 32 of Decree No. 66/2019/ND-CP dated July 29, 2019 of the Government on the conservation and sustainable use of wetlands, as assigned by the People's Committee of the province.

2. Organizations and individuals conducting activities in important wetland areas outside conservation areas have the responsibility to implement the coordination management regulations as stipulated in Clause 2, Article 13 of this Circular.

Article 13. Coordination Management Regulations for Important Wetland Areas Outside Conservation Areas

1. The provincial specialized agency for environmental protection shall develop coordination management regulations for important wetland areas outside conservation areas and submit them to the Chairman of the People's Committee of the province for approval.

2. The contents of the coordination management regulations for important wetland areas outside conservation areas are developed and implemented according to the Model Form specified in Appendix VI issued together with this Circular.

Chapter V

IMPLEMENTING PROVISIONS

Article 14. Effective Date

1. This Circular takes effect from November 16, 2020.

2. Circular No. 18/2004/TT-BTNMT dated August 23, 2004 of the Ministry of Natural Resources and Environment guiding the implementation of Decree No. 109/2003/NĐ-CP dated September 23, 2003 of the Government on the conservation and sustainable development of wetlands ceases to be effective from the date this Circular takes effect.

Article 15. Implementation Organization

1. The General Department of Environment shall be responsible for organizing guidance and inspection of the implementation of this Circular.

2. Ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees, and related organizations and individuals are responsible for implementing this Circular./.