Decree No. 102/2008/ND-CP On the Collection, Management, Exploitation, and Use of Data on Natural Resources and the Environment

DECREE

Regarding the collection, management, exploitation, and utilization of data on natural resources and the environment

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 Ordinance on Exploitation and Protection of Hydro-meteorological Works dated December 10, 1994;

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

DECREE:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the collection, management, exploitation, and utilization of data on land, water resources, geology and minerals, the environment, hydro-meteorology, surveying and mapping, marine and island environmental resources (hereinafter collectively referred to as data on natural resources and the environment); responsibilities and authorities of agencies, organizations, and individuals in the collection, management, exploitation, and utilization of data on natural resources and the environment.

Article 2. Applicability

1. This Decree applies to state agencies, organizations, and individuals within the country, overseas Vietnamese, foreign organizations, and individuals (hereinafter collectively referred to as organizations and individuals) in the collection, management, exploitation, and utilization of data on natural resources and the environment.

2. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from those of this Decree, such treaties shall be applied.

Article 3. Data on Natural Resources and the Environment

Data on natural resources and the environment must be original copies, including documents, specimens, processed and stored data in accordance with regulations. Data on natural resources and the environment include:

1. Data on land include:

a) Statistics on land classification, evaluation, statistics, inventory, land classification maps, current land use status maps; data on issuing land use right certificates and attached assets; data on land price surveys;

b) Approved land use planning and plans;

c) Land administration maps: results of land allocation, lease, recovery, change of land use purpose, implementation of land users' rights.

2. Data on water resources include:

a) Quantity and quality of surface water and groundwater;

b) Geological and hydrological survey data;

c) Data on exploitation and utilization of water resources;

d) Planning for river basins, management, exploitation, and protection of international water sources;

đ) Results of issuance, extension, revocation, permission, return of exploration, exploitation, and utilization permits for water resources; plugging of boreholes;

e) Data on factors affecting water resources.

3. Data on geology and minerals include:

a) Mineral reserve statistics;

b) Results of basic geological surveys on mineral resources and geological and mineral samples;

c) Planning and plans for basic geological surveys on mineral resources, exploration, exploitation, processing, and utilization of minerals;

d) Regional geological maps, disaster geological maps, environmental geological maps, mineral geological maps, hydrogeological maps, engineering geological maps, and specialized geological and mineral maps;

đ) Mining tender areas, special and hazardous mineral areas; areas prohibited or temporarily prohibited from mining activities;

e) Reports on mineral activities; annual state management reports on mineral activities;

g) Results of issuance, extension, revocation, permission, return of mineral activity permits, permission to continue mineral activities.

4. Data on the environment include:

a) Results of environmental investigations and surveys;

b) Biodiversity data and information;

c) Strategic environmental assessment, environmental impact assessment, and environmental commitment data and information;

d) Results of compensation for environmental damage resolved by competent state agencies;

đ) Lists and information on pollution sources and waste that pose a risk of environmental pollution;

e) Areas affected by pollution, degradation, and environmental incidents; areas at risk of environmental incidents; lists of serious polluting facilities and serious polluting facilities removed from the list;

g) Results of environmental condition investigations and surveys on hazardous waste and general solid waste;

h) Permitted environmental monitoring information and data;

i) Results of issuance, extension, and revocation of various environmental permits.

5. Data on hydro-meteorology include:

a) Basic investigation materials and data on hydro-meteorology, air and water environments, climate change, ozone layer depletion;

b) Various types of charts, maps, satellite images, films, and photographs of hydro-meteorological research objects;

c) Technical files of hydro-meteorological works;

d) Results of issuance, extension, and revocation of various hydro-meteorological activity permits.

a) National reference system;

b) National primary survey data system; basic survey point system, specialized basic survey points;

c) Aerial and satellite imagery systems for surveying and mapping;

d) Topographic map systems, base map systems, national boundary maps, basic cadastral maps, administrative maps, comprehensive geographic maps, and other specialized maps;

đ) Geographic information systems;

e) Secondary information derived from the surveying and mapping information listed in points a, b, c, d, đ of this clause and integrated information of surveying and mapping information with other types of information;

g) Results of issuance, extension, and revocation of various surveying and mapping activity permits.

7. Data on marine and island environmental resources include:

a) Data on land with sea surface;

b) Seabed topography data;

c) Physical properties of seawater data;

d) Marine geology, marine geophysics, marine mineral data;

đ) Marine oil and gas data;

e) Marine biological data;

g) Marine environmental quality data;

h) Marine meteorology and hydrology data;

i) Island data;

k) Other data related to marine resources and the environment.

8. Results of disputes, complaints, and accusations regarding natural resources and the environment resolved by competent state agencies.

9. Technical standards, norms, and economic-technical quotas on natural resources and the environment.

10. Results of projects, programs, and scientific and technological research topics on natural resources and the environment.

11. Other data related to the fields of management under the Ministry of Natural Resources and Environment.

Article 4. Principles for collecting, managing, exploiting, and using data on natural resources and the environment

The collection, management, exploitation, and use of data on natural resources and the environment must comply with the following principles:

1. Serving state management work promptly and meeting the requirements for socio-economic development, ensuring national defense and security;

2. Ensuring accuracy, honesty, and objectivity;

3. Ensuring scientific nature and convenience for exploitation and use;

4. Ensuring timeliness, completeness, and systematic nature;

5. Using data for their intended purposes;

6. Exploitation and use of data must fulfill financial obligations;

7. Adhering to legal provisions regarding the protection of state secrets.

Article 5. State Encouragement Policies

The State has policies to encourage organizations and individuals to invest in surveys, building databases, and donating data on natural resources and the environment they have collected to ensure unified exploitation and use of data on natural resources and the environment nationwide.

Article 6. International Cooperation on Data on Natural Resources and the Environment

The State has policies to develop cooperation with other countries, foreign organizations, and international organizations in surveys, investigations, research, sharing, and providing data on natural resources and the environment; encouraging information sharing related to international data on natural resources and the environment; coordinating research and surveys of data, facilitating effective management and exploitation of international data on natural resources and the environment.

Chapter II

COLLECTION, MANAGEMENT OF DATA ON NATURAL RESOURCES AND THE ENVIRONMENT

Article 7. State Management of Data on Natural Resources and the Environment

1. Issuing legal normative documents; technical standards, technical regulations, economic and technical norms in the collection, management, exploitation, and use of data on natural resources and the environment.

2. Approving plans for the collection of data on natural resources and the environment.

3. Regulations on storage and preservation.

4. Financial system regulations in the collection, exploitation, and use of data on natural resources and the environment.

Article 8. Collection of Data on Natural Resources and the Environment

1. Each year, Ministries, ministerial-level agencies, agencies under the Government, and provincial People's Committees (hereinafter referred to collectively as provincial People's Committees) establish, approve, and implement plans for the collection of data on natural resources and the environment.

2. The Ministry of Natural Resources and Environment takes the lead, coordinating with relevant ministries, sectors, and provincial People's Committees to organize and direct the collection and processing of collected data to build databases.

Article 9. Responsibilities and Authorities of Organizations and Individuals in Collecting and Submitting Data on Natural Resources and the Environment

1. Complying with technical standards and economic and technical norms in the collection, storage, and submission of data.

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

3. Being responsible under the law and compensating for damages according to the law when providing inaccurate data causing damage to data exploiters and users.

4. Not exploiting the provision of data to harass, profit, or disseminate data contrary to legal provisions.

5. Refusing requests for data provision that contravene this Decree and other related legal provisions.

Article 10. Budget for collecting and processing data on natural resources and the environment

The budget for collecting and processing data on natural resources and the environment; establishing the National Database on natural resources and the environment; establishing databases on natural resources and the environment for ministries, sectors, and provincial People's Committees shall be guaranteed from the state budget and other sources in accordance with the law.

Chapter III

EXPLOITATION AND USE OF DATA ON NATURAL RESOURCES AND THE ENVIRONMENT

Article 11. Publication of lists of data on natural resources and the environment

1. Lists of data on natural resources and the environment shall be published through mass media, on the Internet, and on the websites of central and local agencies to serve the community and the country's socio-economic development needs.

2. The Ministry of Natural Resources and Environment shall publish the list of national data on natural resources and the environment; ministries and sectors shall publish the list of data on natural resources and the environment that they collect; provincial People's Committees shall publish the list of data on natural resources and the environment in their respective areas.

3. Ministries, sectors, and provincial People's Committees shall be responsible for the data they publish and must comply with regulations on protecting state secrets in the field of natural resources and the environment.

Article 12. Forms and procedures for exploiting and using data on natural resources and the environment

1. Exploitation and use of data on natural resources and the environment shall be carried out in the following forms:

a) Exploiting and using data via the Internet and electronic pages as prescribed by the data management agency. The Ministry of Natural Resources and Environment and provincial People's Committees shall specify the form of exploitation from the Internet and electronic pages;

b) Exploiting and using data through request forms or request documents;

c) Exploiting and using data through contracts between the data management agency and the data exploiter/user as prescribed by law.

2. Procedures for exploiting and using data through request forms or request documents shall be implemented as follows:

a) Organizations and individuals requiring data exploitation and use shall submit request forms or send request documents to the data management agencies specified in Article 15 of this Decree;

b) Upon receiving valid request documents from organizations and individuals, the data management agency shall provide data to the requesting organizations and individuals. The time limit for providing data shall be agreed upon by both parties. In case of refusal to provide data, a written response stating the reasons must be provided.

Article 13. Responsibilities and authorities of organizations and individuals exploiting and using data on natural resources and the environment

Organizations and individuals exploiting and using data on natural resources and the environment have the following responsibilities and authorities:

1. To comply with the principles of data exploitation and use as stipulated in Article 4 of this Decree;

2. Not to provide third parties with data provided by competent state agencies for exploitation and use unless agreed upon in a contract;

3. To pay the cost of data exploitation and use as prescribed in Clause 2 of Article 14 of this Decree;

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

5. To lodge complaints and denunciations according to the law when their rights to exploit and use data are violated;

6. To be compensated according to the law when the data provider provides inaccurate data causing damage to them.

Article 14. Budget for Exploitation and Use of Natural Resources and Environmental Data

1. The exploitation and use of natural resources and environmental data collected through state budget funds or derived from the state budget to serve national defense and security purposes, direct leadership requirements of the Party and State, or in emergency situations shall not require financial obligations.

2. Organizations and individuals exploiting and using natural resources and environmental data not falling under the cases stipulated in Clause 1 of this Article must fulfill their financial obligations.

3. The Ministry of Finance shall take the lead and coordinate with the Ministry of Natural Resources and Environment to guide the collection, submission, and use of fees for the exploitation of natural resources and environmental data.

Chapter IV

RESPONSIBILITIES AND LIMITATIONS OF DATA MANAGEMENT AUTHORITIES ON NATURAL RESOURCES AND ENVIRONMENT

Article 15. Responsibilities for State Management of Collection, Management, Exploitation, and Use of Natural Resources and Environmental Data

1. The Government shall uniformly manage the collection, management, exploitation, and use of natural resources and environmental data.

The Ministry of Natural Resources and Environment shall be responsible before the Government for performing state management functions regarding the collection, management, exploitation, and use of natural resources and environmental data.

2. Ministries, ministerial-level agencies, and government agencies shall be responsible before the Government for the collection, management, exploitation, and use of natural resources and environmental data they collect.

3. Provincial People's Committees within their functional and assigned tasks shall be responsible for managing the collection, management, exploitation, and use of natural resources and environmental data at the local level.

The Department of Natural Resources and Environment shall assist the provincial People's Committee in managing the collection, management, exploitation, and use of natural resources and environmental data at the local level.

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

1. Propose to the Government and the Prime Minister to issue or issue according to its authority legal normative documents, mechanisms, policies, technical standards, economic and technical norms on the collection, management, exploitation, and use of national natural resources and environmental data.

2. Develop plans for investigating and collecting natural resources and environmental data within its own plans and tasks, submit them to competent authorities for approval, and organize implementation after approval.

3. Guide ministries, sectors, and provincial People's Committees in the collection, management, exploitation, and use of data.

4. Establish and manage the national database on natural resources and environment; provide natural resources and environmental data to organizations and individuals in accordance with the law.

5. Organize the construction of the national monitoring system for natural resources and environment.

6. Edit and publish the national database on natural resources and environment every five years.

Article 17. Responsibilities and Authorities of Ministries and Sectors

Ministries, ministerial-level agencies, and government agencies within their management scope shall have responsibilities:

1. Issue technical standards, economic and technical norms on the collection, management, exploitation, and use of natural resources and environmental data according to their data requirements and characteristics;

2. Develop plans for investigating and collecting natural resources and environmental data within their plans and tasks, submit them to competent authorities for approval, and organize implementation after approval;

3. Inspect, evaluate, and accept products that have been investigated and collected;

4. Establish and manage databases on natural resources and environment they collect;

5. Provide data to the national database on natural resources and environment and organizations and individuals requiring natural resources and environmental data in accordance with the law; exchange data on natural resources and environment they manage with relevant ministries, sectors, and provincial People's Committees;

6. Store collected data on natural resources and environment.

Article 18. Responsibilities and Authorities of the Provincial People's Committee

The Provincial People's Committee shall have the following responsibilities and authorities:

1. Establishing and managing databases on natural resources and environment collected at the Department of Natural Resources and Environment.

2. Develop plans for investigating and collecting natural resources and environmental data within their plans and tasks, submit them to competent authorities for approval, and organize implementation after approval;

3. Inspect, evaluate, and accept products that have been investigated and collected;

4. Providing data to the national database on natural resources and environment;

5. Providing data to organizations and individuals who have needs to exploit and use data in accordance with the provisions of the law;

6. Exchanging data on natural resources and environment with other ministries, sectors, and localities in accordance with the provisions of the law;

7. Storing data on natural resources and environment that have been collected at the Information Center of the Department of Natural Resources and Environment.

8. Directing and organizing organizations and individuals to provide and store data at the Department of Natural Resources and Environment.

Article 19. Mechanism for Coordination among Ministries, Sectors, and Provincial People's Committees

1. Ministries, sectors, and provincial people's committees shall be responsible for closely coordinating in investigating, collecting, managing data on natural resources and environment to effectively exploit and use such data.

2. The Ministry of Natural Resources and Environment shall issue regulations on coordination and sharing of data on natural resources and environment among ministries and sectors of the provincial people's committees.

Chapter V

VIOLATIONS HANDLING, DISPUTE RESOLUTION, COMPLAINTS AND REPORTS

Article 20. Handling Violations

1. Organizations and individuals who engage in acts of illegally occupying, destroying, damaging data on natural resources and environment; exploiting and using data on natural resources and environment contrary to the provisions of this Decree and other relevant laws shall be subject to administrative violations or criminal responsibility depending on the nature and severity of the violation; in cases causing damage, compensation must be provided.

2. Any person who takes advantage of their position or authority to damage, cause loss of data on natural resources and environment, obstructing the exploitation and use of data on natural resources and environment shall be subject to disciplinary action or criminal responsibility depending on the nature and severity of the violation; in cases causing damage, compensation must be provided.

Article 21. Resolution of Disputes, Complaints, and Reports

1. The Ministry of Natural Resources and Environment, ministries equivalent to ministries, agencies under the Government, and provincial people's committees according to their functions and tasks shall be responsible for receiving and resolving disputes in the collection, management, exploitation, and use of data on natural resources and environment.

2. Handling complaints and reports regarding the collection, management, exploitation, and use of data on natural resources and environment shall be carried out in accordance with the provisions of the law on complaints and reports.

Chapter VI

IMPLEMENTING PROVISIONS

Article 22. Processing Data on Natural Resources and Environment Investigated and Collected Before the Effective Date of This Decree

Data on natural resources and environment investigated and collected using state budget funds or having origins from the state budget before the effective date of this Decree shall be processed as follows:

1. For 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 database on natural resources and environment under the Ministry of Natural Resources and Environment. The deadline for providing data on natural resources and environment shall be completed no later than six months from the date this Decree becomes effective.

2. For data on natural resources and environment that have not yet been accepted and evaluated or are still being implemented, the heads of agencies and organizations funded by the State to investigate and collect data on natural resources and environment shall be responsible for organizing the review, acceptance, and evaluation of the data and putting them into use in accordance with the provisions of this Decree. The deadline for submitting data on natural resources and environment to the National Database shall be no later than six months from the end date of the project or task.

3. For projects, programs, and topics being implemented using state budget funds, organizations and individuals must provide data to the data management agency in accordance with the provisions of this Decree.

4. For contents and tasks being implemented in accordance with Decree No. 162/2003/NĐ-CP dated December 19, 2003 of the Government promulgating Regulations on Collection, Management, Exploitation, and Use of Data and Information on Water Resources and Decree No. 101/2007/NĐ-CP dated June 13, 2007 of the Government on Collection, Management, Exploitation, and Use of Data on Marine Resources and Environment, they shall continue to be implemented according to the determined deadlines and must submit data on natural resources and environment to the National Database in accordance with Clause 2 of this Article.

Article 23. Effectiveness of Implementation

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

2. This Decree replaces Decree No. 162/2003/NĐ-CP dated December 19, 2003 of the Government promulgating Regulations on Collection, Management, Exploitation, and Use of Data and Information on Water Resources and Decree No. 101/2007/NĐ-CP dated June 13, 2007 of the Government on Collection, Management, Exploitation, and Use of Data on Marine Resources and Environment.

Article 24. Implementation Organization

1. The Minister of Natural Resources and Environment is responsible for guiding and supervising the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.