Decree No. 101/2007/ND-CP On the collection, management, exploitation, and use of marine resource and environmental data

DECREE

Regarding the collection, management, exploitation, and utilization of

marine resource and environmental data

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THE GOVERNMENT

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

Based on the Land Law dated November 26, 2003;

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

Pursuant to the Minerals Law dated March 20, 1996 and the Law Amending and Supplementing Certain Provisions of the Minerals Law dated June 14, 2005;

The Prime Minister issues this Decision amending and supplementing certain provisions of the Regulation on Response Activities to Oil Spill Incidents issued together with Decision No. 02/2013/QĐ-TTg dated January 14, 2013 of the Prime Minister.

Pursuant to the Fisheries Law dated November 26, 2003;

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

Pursuant to the Petroleum Law of 1993 and the Law Amending and Supplementing Certain Provisions of the Petroleum Law dated June 28, 2000;

Pursuant to the Marine Survey and Protection of Hydro-Meteorological Works Ordinance dated December 10, 1994;

Considering the proposal of the Minister of Natural Resources and Environment.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates the collection, management, exploitation, and utilization of marine resource and environmental data; the responsibilities and authorities of agencies, organizations, and individuals in the collection, management, exploitation, and utilization of marine resource and environmental data.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals within the country, foreign organizations, and individuals (hereinafter referred to collectively as organizations and individuals) in the collection, management, exploitation, and utilization of marine resource and environmental data.

In case international treaties to which the Socialist Republic of Vietnam is a member have provisions different from those of this Decree, such provisions shall be applied according to the provisions of the international treaty.

Article 3. Marine resource and environmental data

1. Marine resource and environmental data are materials and figures about the sea in the fields of land, water resources, geology, minerals, hydro-meteorology, environment, biodiversity, surveying, and mapping (hereinafter referred to collectively as marine data).

2. Marine data include:

a) Data on land with seawater.

b) Data on seabed topography.

c) Data on the physical properties of seawater.

d) Data on marine geology, marine geophysics, and marine minerals.

đ) Data on marine petroleum.

e) Data on marine organisms.

g) Data on marine environmental quality.

h) Data on marine meteorology and hydrology.

i) Other related data on marine resources and environment.

Article 4. State Management of Marine Data

1. The Government exercises unified management over marine data.

The Ministry of Natural Resources and Environment is responsible before the Government for performing state management functions over marine data.

2. Ministries, ministerial-level agencies, government agencies, and provincial People's Committees (hereinafter referred to collectively as provincial People's Committees) where there is a sea within their respective functions and tasks are responsible for managing and publishing marine data collected by themselves.

Article 5. International Cooperation on Marine Data

The State has policies to develop cooperation with other countries, foreign organizations, and international organizations in investigating, surveying, researching, sharing, and providing marine data; encouraging the sharing of information related to international marine data; coordinating research and investigation of international marine data, facilitating effective management, exploitation, and utilization of international marine data.

Chapter II

COLLECTION, MANAGEMENT OF MARINE DATA

Article 6. Principles of Collection and Management of Marine Data

The collection and management of marine data must comply with the following principles:

1. Ensuring accuracy, honesty, and objectivity.

2. Ensuring scientific nature and convenience for exploitation and utilization.

3. Ensuring timeliness, regularity, completeness, and systematicness.

4. Complying with legal regulations on protecting state secrets.

Article 7. Sources of Marine Data

Marine data are formed from the following sources:

1. Investigation, research, survey, monitoring, measurement, and forecasting.

2. Provision and exchange of data.

3. Other sources.

Article 8. Planning for Marine Data Investigation

1. Marine data investigation must follow the planning and investigation plan approved by the competent authority.

2. Based on the need for marine data during each period, the Ministry of Natural Resources and Environment, in collaboration with relevant ministries, sectors, and provincial People's Committees where there is a sea, will build and submit to the Prime Minister the national marine data investigation planning.

3. On the basis of the national marine data investigation planning approved by the Prime Minister, ministries, sectors, and provincial People's Committees where there is a sea will have plans and projects for marine data investigation within the scope assigned.

Article 9. Responsibilities and Authorities of Organizations and Individuals Collecting Marine Data

Organizations and individuals collecting marine data have the following responsibilities:

1. Adhering to standards, procedures, and regulations in the collection, storage, and provision of marine data.

2. Providing collected data to the marine data management agency when the marine data is collected using state budget funds or has its origin from the state budget.

3. Being liable under the law and compensating damages according to the law when providing inaccurate marine data that causes damage to the data user.

4. Not exploiting the provision of marine data for harassment, profiteering, or disseminating data contrary to legal regulations.

5. Having the right to refuse unlawful requests for the provision of collected marine data.

Article 10. Budget for Marine Data Investigation and Collection

The budget for marine data investigation, collection, processing, and the construction of the National Marine Database, sectoral marine databases, and provincial marine databases where there is a sea is guaranteed by the state budget and other sources as prescribed by law.

Chapter III

EXPLOITATION AND UTILIZATION OF MARINE DATA

Article 11. Principles of Exploitation and Utilization of Marine Data

The exploitation and utilization of marine data must ensure the following principles:

1. Serving timely state management work and meeting economic and social development requirements, ensuring national security and defense.

2. Using data for the intended purpose.

3. Complying with legal regulations on protecting state secrets.

Article 12. Publication of Marine Data Catalog

1. The marine data catalog is published through mass media, the Internet, and websites of central and local agencies to serve the community and the economic and social development needs of the country.

2. The publication of the marine data catalog must comply with legal regulations on protecting state secrets.

Article 13. Forms and Procedures for Exploiting Marine Data

1. The exploitation of marine data is carried out as follows:

a) Exploiting marine data on the Internet and websites specified by the marine data management agency.

b) Exploit marine data through contractual forms agreed upon by the parties in accordance with the provisions of the law;

c) Exploit marine data through request forms or request documents.

2. The exploitation of marine data through request forms or request documents shall be carried out in accordance with the following provisions:

a) Organizations and individuals requiring the exploitation of marine data shall submit request forms or send request documents to the marine data management agencies specified in Article 4 of this Decree;

In cases where foreign individuals or organizations with legal personality are permitted to operate in Vietnam, the request forms or request documents must be confirmed and stamped by the diplomatic or consular agency of the country of which the individual or organization holds citizenship in Vietnam;

b) Within no more than thirty (30) days from the date of receipt of valid request forms or request documents, the marine data management agency must provide marine data to the organizations and individuals requesting the exploitation of marine data. In cases where the content of the request is complex or the volume is large, the marine data management agency may extend the provision time but not exceeding fifteen (15) days from the date of extension. In cases where the provision of marine data is refused, a written response stating the reasons must be provided.

Article 14. Responsibilities and authorities of organizations and individuals exploiting and using marine data

Organizations and individuals exploiting and using marine data have the responsibilities and authorities as follows:

1. To comply with the principles for the exploitation and use of marine data prescribed in Article 11 of this Decree.

2. Not to provide marine data obtained from state agencies authorized to provide such data for exploitation and use to third parties.

3. To pay the fee for exploiting marine data as prescribed in Clause 2, Article 15 of this Decree.

4. To promptly notify the marine data management agency of any errors in the provided data.

5. To lodge complaints or denunciations in accordance with the law when their rights to exploit and use data are violated.

Article 15. Fees for Exploiting Marine Data

1. The exploitation of marine data collected from state budget funds or derived from the state budget for the following purposes shall be exempted from fees:

a) For the purpose of building national socio-economic development plans, sectoral, and local planning and investment projects funded by the state budget;

b) For security and defense purposes;

c) For direct requirements of Party and State leaders or in emergency situations;

d) For exchanging marine data with foreign organizations and individuals under international treaties to which the Socialist Republic of Vietnam is a member.

2. Organizations and individuals exploiting and using marine data that do not fall within the cases prescribed in Clause 1 of this Article must pay the fee. The collection, payment, and submission procedures for the exploitation and use of marine data fees shall be implemented in accordance with the laws on fees and charges.

The Ministry of Finance shall stipulate the collection, payment, management, and utilization procedures for marine data exploitation fees.

Chapter IV

RESPONSIBILITIES AND AUTHORITIES

OF MARINE DATA MANAGEMENT AGENCIES

Article 16. Responsibilities and authorities of the Ministry of Natural Resources and Environment

1. To submit to the Government, the Prime Minister for issuance or issue according to its authority legal normative documents, mechanisms, policies, procedures, and regulations on the collection, management, exploitation, and use of national marine data.

2. To take the lead and coordinate with provincial People's Committees located in coastal areas and relevant ministries and sectors to develop marine data investigation plans to be submitted to the Prime Minister for approval and implementation after approval.

3. To guide ministries, sectors, and provincial People's Committees located in coastal areas in collecting, managing, exploiting, and using marine data.

4. To build and manage the National Marine Database; to provide marine data to organizations and individuals in accordance with the law.

5. To organize the construction of the national monitoring system for marine resources and environment.

6. To edit and publish the Marine Data Yearbook every five years.

Article 17. Responsibilities and authorities of ministries and sectors

Ministries, ministerial-level agencies, and government agencies (hereinafter referred to collectively as ministries and sectors) within the scope of their industry and field management responsibilities include:

1. To issue standards, procedures, and regulations on the collection, management, exploitation, and use of marine data in accordance with the law.

2. To propose marine data investigation needs, and coordinate with the Ministry of Natural Resources and Environment in developing marine data investigation plans and constructing investigation plans after approval.

3. To inspect, evaluate, and accept products resulting from investigations.

4. To build and manage marine databases collected by their own ministries and sectors.

5. To provide data to the National Marine Database and organizations and individuals requiring the exploitation and use of marine data in accordance with the law; to exchange marine data managed by their ministries and sectors with other related ministries, sectors, and provincial People's Committees located in coastal areas.

6. To store and preserve collected marine data.

Article 18. Responsibilities and authorities of provincial People's Committees

Provincial People's Committees located in coastal areas have the following responsibilities and authorities:

1. To build and manage marine databases collected by their own agencies.

2. To propose marine data investigation needs, and coordinate with the Ministry of Natural Resources and Environment in developing marine data investigation plans within the assigned management scope and constructing investigation plans after approval.

3. To inspect, evaluate, and accept products resulting from investigations.

4. To provide data to the National Marine Database and organizations and individuals requiring the exploitation and use of marine data in accordance with the law; to exchange marine data with other related ministries, sectors, and localities in accordance with the law.

5. To store and preserve collected marine data.

Article 19. Mechanism for Coordination Among Ministries, Sectors, and Provincial People's Committees Located in Coastal Areas

Ministries, sectors, and provincial People's Committees located in coastal areas have the responsibility to closely cooperate with each other in investigating, collecting, and managing marine data to effectively exploit and utilize marine data.

The Ministry of Natural Resources and Environment shall promulgate regulations on cooperation and sharing of marine data among ministries, sectors, and provincial People's Committees located in coastal areas.

Chapter V

REWARDS, VIOLATION HANDLING,

DISPUTE RESOLUTION, COMPLAINTS, DENUNCIATIONS

Article 20. Awards

Organizations and individuals who have achievements in investigating, collecting, managing, storing, preserving marine data; transferring, submitting, donating, or giving valuable marine data to the State shall be rewarded according to the provisions of the law.

Article 21. Handling of violations

1. Individuals who illegally possess, destroy, damage marine data; use marine data contrary to the provisions of this Decree and other relevant laws shall be subject to administrative violation handling or criminal responsibility pursuit depending on the nature and severity of the violation; in cases causing damage, compensation must be provided.

2. Individuals who take advantage of their positions or powers to damage, cause loss of marine data, obstruct the exploitation and use of marine data shall be subject to disciplinary action or criminal responsibility pursuit depending on the nature and severity of the violation; in cases causing damage, compensation must be provided.

Article 22. Resolution of disputes, complaints, and denunciations

1. The Ministry of Natural Resources and Environment, ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees where there are marine areas, within their functions, tasks, and authorities, shall be responsible for receiving and resolving disputes in the collection, management, exploitation, and use of marine data.

2. The resolution of complaints and denunciations regarding the collection, management, and exploitation of marine data shall be carried out in accordance with the provisions of the law on complaints and denunciations.

Chapter VI

IMPLEMENTING PROVISIONS

Article 23. Handling of marine data investigated and collected before the effective date of this Decree

Marine data that has been investigated and collected using state budget funds or originating from the state budget before the effective date of this Decree shall be handled as follows:

1. For marine data that has been accepted and evaluated, the agencies and organizations currently managing the data shall be responsible for providing all such data to the National Marine Database under the Ministry of Natural Resources and Environment. The deadline for providing marine data shall be completed at the latest six months from the date this Decree takes effect.

2. For marine data that has not yet been accepted and evaluated, the heads of agencies and organizations that have been funded by the State to investigate and collect marine data shall be responsible for organizing the review, acceptance, and evaluation of the data and putting it into use in accordance with the provisions of this Decree. The deadline for completing the acceptance and evaluation of the data that has been investigated and collected and submitted to the National Marine Database shall be at the latest twelve months from the date this Decree takes effect.

Article 24. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 25. Implementation

1. The Minister of Natural Resources and Environment shall be responsible for guiding, urging, and inspecting the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.