Decree No. 109/2003/ND-CP On the conservation and sustainable development of wetland areas

DECREE

On the conservation and sustainable development of wetlands

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;
On the basis of the Environmental Protection Law dated December 27, 1993;
Pursuant to the Land Law dated July 14, 1993; the Law Amending and Supplementing Certain Provisions of the Land Law dated December 2, 1998; the Law Amending and Supplementing Certain Provisions of the Land Law dated June 29, 2001;
Pursuant to the Water Resources Law dated May 20, 1998;
Based on the Law on Forest Protection and Development dated August 19, 1991;
Pursuant to the Ordinance on Protection and Development of Aquatic Resources dated April 25, 1989;
At the proposal of the Minister of Natural Resources and Environment,

DECREE

PART I

GENERAL PROVISIONS

Article 1. Wetlands

Wetlands as defined in this Decree include areas with special ecosystems, high biodiversity, functions for maintaining water resources and ecological balance, and international and national significance.

Article 2. Scope of regulation and applicable subjects

This Decree stipulates the conservation and sustainable development of wetlands within the territory of Vietnam.

Organizations and individuals, both domestic and foreign, conducting activities in wetlands must comply with the regulations on the conservation and sustainable development of wetlands set forth in this Decree.

In cases where international treaties to which Vietnam is a party provide different provisions from this Decree, such treaties shall be applied.

Article 3. Definitions

In this Decree, the following terms are understood as follows:

1. Conservation of wetlands involves strict protection measures for the environment, special ecosystems, and high biodiversity to maintain ecological balance, protect species and populations living and developing in wetlands.

2. Sustainable development of wetlands includes reasonable utilization and exploitation of potential economic, cultural, and social development within permissible limits to maintain ecological functions and protect the environment of wetlands.

3. Special ecosystem is a system of biological communities with characteristics specific to a region living and developing in a certain environment, interacting with each other and with that environment.

4. High biodiversity refers to the richness and diversity of life regarding genetic sources, species, and ecosystems in nature.

5. The Ramsar Convention is the abbreviated name for the Convention on Wetlands of International Importance Especially as Waterfowl Habitat, signed in 1971 in Ramsar, Islamic Republic of Iran (Vietnam became a member of the Ramsar Convention on January 20, 1989).

6. Ramsar Site is a wetland meeting the selection criteria for internationally important wetlands as specified in the Ramsar Convention.

Article 4. Principles for the conservation and sustainable development of wetlands

The conservation and sustainable development of wetlands must adhere to the following principles:

1. Strictly protect wetlands delineated by the State for conservation purposes.

2. Combine utilization and exploitation with conservation, prioritizing conservation for wetlands with special ecosystems, high biodiversity, functions for maintaining water resources and ecological balance, and international and national significance.

3. Enhance community participation in the conservation of wetlands residing in the area and neighboring regions.

Article 5. State management of the conservation and sustainable development of wetlands

1. Contents of state management of the conservation and sustainable development of wetlands include:

a) Surveying and researching wetlands;

b) Establishing policies and laws for the conservation and sustainable development of wetlands;

c) Developing plans and programs for the use of wetlands for conservation purposes and socio-economic development activities;

d) Managing wetlands that have been delineated for protection;

đ) Managing activities exploiting resources and potentials of wetlands in agricultural, fisheries, tourism, transportation, water resources, hydropower, and other related fields for the conservation and sustainable development of wetlands;

e) Inspecting, supervising, and handling violations concerning the conservation and sustainable development of wetlands;

g) Encouraging and creating conditions for communities, particularly residents of wetlands, to participate in protecting ecosystems, biodiversity, and the environment of wetlands;

h) International cooperation in the field of conservation and sustainable development of wetlands.

2. The Government uniformly manages state affairs concerning the conservation and sustainable development of wetlands. The Ministry of Natural Resources and Environment implements state management functions for the conservation and sustainable development of wetlands.

Article 6. Encouraged Activities

The State encourages organizations, individuals, and community residents to engage in the following activities:

1. Protecting ecosystems, rare species, migratory birds, and the environment of wetland areas.

2. Restoring degraded or over-exploited wetland ecosystems.

3. Participating in monitoring the exploitation of wetland areas by organizations and individuals.

4. Promptly reporting to competent authorities on violations concerning the conservation and sustainable development of wetland areas.

Article 7. Prohibited Acts

The following acts are strictly prohibited in wetland areas:

1. Cutting down, destroying mangrove forests, conducting activities that alter their natural characteristics, damaging or harming distinctive ecosystems, causing pollution, and degrading wetland areas.

2. Fishing for aquatic products, marine products, and other animals in breeding grounds and nurseries for young and larvae.

3. Exploiting resources or constructing projects on newly formed alluvial lands with naturally regenerating mangrove forests.

4. Using destructive fishing methods such as electric shock, explosives, chemicals, poisons, and nets with mesh sizes contrary to regulations for fishing in wetland areas.

5. Introducing alien animals and plants into wetland environments, disrupting ecological balance or altering local species' genes.

6. Dumping solid waste, untreated or inadequately treated industrial wastewater, and other hazardous waste into wetland areas.

7. Burial of waste and construction of waste disposal sites within wetland areas.

8. Engaging in activities that harm the interests and lives of communities residing in wetland areas and nearby regions.

Chapter II

INVESTIGATION, PLANNING FOR CONSERVATION AND SUSTAINABLE DEVELOPMENT OF WETLAND AREAS

Article 8. Content of Investigation and Research on Wetland Areas

The content of investigation and research on wetland areas includes:

1. Investigating and researching the functions of regulating surface and groundwater, economic, ecological, cultural, social values, and biodiversity of wetland areas.

2. Investigating and researching resident species living and developing in wetland areas, particularly those at high risk of extinction and migratory species.

3. Assessing the current status of conservation and development of wetland areas.

4. Conducting sociological investigations of communities dependent on wetland resources.

5. Establishing databases on wetland areas as a basis for planning and land use plans for the purposes of conserving and sustainably developing wetland areas.

6. Periodically inventorying national wetland areas by region and type for management purposes.

Article 9. Division of Responsibilities for Investigation and Research on Wetland Areas

1. The Ministry of Natural Resources and Environment shall develop an overall plan for basic investigations, research, and environmental condition assessments of wetland areas nationwide; it shall lead investigations and research on internationally and nationally significant wetland areas involving multiple sectors and spanning multiple provinces.

2. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries shall organize investigations and research on specialized wetland areas of international and national significance spanning multiple provinces.

3. Provincial Departments of Natural Resources and Environment under centrally administered cities shall lead investigations and research on wetland areas not covered by paragraphs 1 and 2 of this Article.

Article 10. Basis for the planning of wetland areas

1. The planning of wetland areas must be based on the following grounds:

a) Overall plans for economic and social development and land use plans that have been approved by competent state agencies;

b) Requirements for conservation and sustainable development of wetland areas;

c) The Ramsar Convention;

d) Ecological balance functions to maintain water sources, biodiversity, and economic potential and strengths of wetland areas;

2. The content of the planning for conservation and sustainable development of wetland areas includes:

a) Determining the direction and goals for the conservation and sustainable development of wetland areas;

b) Determining the scope and area of wetland areas;

c) Determining the content of conservation and sustainable development of wetland areas;

d) Determining the main measures for conservation and sustainable development of wetland areas;

đ) Forecasting and warning about the environment and measures to prevent and mitigate negative impacts on the environment.

Article 11. Responsibilities for planning and approval authority

1. The Ministry of Natural Resources and Environment shall take the lead in preparing the plan for conservation and sustainable development of wetland areas as stipulated in Clause 1, Article 9 of this Decree and submit it for approval.

2. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries shall prepare specialized plans for conservation and sustainable exploitation of wetland areas as stipulated in Clause 2, Article 9 of this Decree and submit them for approval.

3. The Department of Natural Resources and Environment shall take the lead in preparing the plan for conservation and sustainable exploitation of wetland areas as stipulated in Clause 3, Article 9 of this Decree and submit it to the provincial People's Committee or the municipal People's Committee under the central government for approval.

Chapter III

CONSERVATION OF WETLANDS

Article 12. Zoning for protection of wetland areas

1. Wetland areas as defined in Article 1 of this Decree shall be zoned for protection in the forms of: Ramsar site, nature reserve, species and habitat conservation area (hereinafter collectively referred to as wetland conservation area).

2. Other wetland areas of importance to provinces and cities shall be zoned for protection in the form of wetland conservation area.

Article 13. Authority to decide on establishment of wetland conservation areas

1. The Ministry of Natural Resources and Environment shall submit for approval.

2. The Department of Natural Resources and Environment shall submit to the provincial People's Committee or the municipal People's Committee under the central government for decision on establishing wetland conservation areas as stipulated in Clause 2, Article 12 of this Decree.

3. The competent state agency with authority to establish wetland conservation areas has the right to decide on adjusting the scale or changing the purpose of the wetland conservation area.

Article 14. Protection of wetland conservation areas

1. Wetland conservation areas must be strictly protected. Strictly prohibit construction of works and relocation of people from outside to live within wetland conservation areas.

2. Buffer zones of wetland conservation areas must be managed and restricted in exploitation. Strictly prohibit construction of works in buffer zones that have significant impact or pose high risk to wetland conservation areas.

3. In special cases where construction of works within wetland conservation areas and buffer zones of wetland conservation areas is necessary,

Article 15. Division of management responsibilities for wetland conservation areas

Management of wetland conservation areas is regulated as follows:

1. The Ministry of Natural Resources and Environment shall be responsible for drafting and submitting for promulgation or promulgating according to its authority policies and legal regulations on wetland conservation areas; inspecting and supervising the implementation of policies and laws on wetland conservation and serving as the national focal point for implementing the Ramsar Convention.

2. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries shall direct and organize management of wetland conservation areas of international and national significance.

3. Provincial People's Committees and municipal People's Committees under the central government shall organize management of other wetland conservation areas within their jurisdiction.

Article 16. Conservation of biodiversity not within wetland protected areas

1. The ecological values and biodiversity of other wetland areas not within wetland protected areas must be investigated, studied, and measures taken to protect them.

2. The State encourages organizations, individuals, and communities to combine sustainable use and exploitation with the conservation of biodiversity in these wetland areas.

Chapter IV

SUSTAINABLE DEVELOPMENT OF WETLAND AREAS

Article 17. Responsibilities of organizations and individuals conducting activities in wetland areas

Organizations and individuals conducting activities exploiting resources in wetland areas have the responsibility to:

1. Protect special ecosystems, conserve biodiversity, wild animals, especially endemic, rare species that are at risk of extinction.

2. Protect saltwater exclusion works, freshwater retention works, irrigation and drainage works, flood control systems. 3. Protect landscapes, environments, cultural values, historical sites in flooded areas.

Article 18. Agricultural cultivation activities

1. Limit the use of chemical fertilizers, chemicals, plant protection products in cultivation that cause degradation, alteration, and discoloration of wetland soils, particularly coastal river mouth soils.

2. The State encourages the use of organic fertilizers, microbial fertilizers, and cultivation methods that do not negatively impact the ecosystems and biodiversity of wetland areas.

Article 19. Aquaculture activities

1. Encourage the application of aquaculture forms that do not harm the environment, combining industrial aquaculture with ecological aquaculture, and integrated aquaculture-agriculture models.

2. Restrict large-scale concentrated industrial aquaculture operations on wetland areas that need conservation and sustainable development.

3. Aquaculture activities must ensure hygiene conditions and environmental protection, preventing the spread of diseases affecting animal and plant ecosystems in wetland areas.

Article 20. Activities of exploration and extraction of soil, rock, sand, gravel

Exploration and extraction of soil, rock, sand, and gravel in wetland areas must be permitted by competent state authorities and must comply with regulations on traffic safety, environmental protection, and other related regulations.

Article 21. Tourism, cultural, and commercial activities

1. The State encourages the development of eco-tourism, organizing traditional festivals, folk festivals in wetland areas to raise public awareness about natural and environmental protection.

2. Organizations and individuals participating in tourism, cultural, and commercial activities in wetland areas must take responsibility for protecting resources, ecosystems, and the environment.

3. Organizing festivals, tours, and tourism activities in wetland protected areas must obtain approval and follow the guidance of the management authority of the wetland protected areas.

Article 22. Construction activities

Construction projects in wetland areas must prepare an environmental impact assessment report approved by competent state authorities and strictly implement the requirements set forth in the decision approving the environmental impact assessment report.

Article 23. Waterway transportation activities

1. Waterway transportation vehicles must have equipment for preventing and responding to incidents; they shall not discharge untreated waste or oil residues that do not meet environmental standards into water sources.

2. The dredging of riverbeds and channels within wetland conservation areas must be accompanied by the preparation and submission of an Environmental Impact Assessment Report to the competent state authorities for approval; strict adherence to the requirements set forth in the decision approving the Environmental Impact Assessment Report is mandatory.

Chapter V

REWARD AND VIOLATION HANDLING

Article 24. Rewards

Organizations and individuals who achieve notable accomplishments in the conservation and sustainable development of wetland areas shall be commended by the State.

Article 25. Handling Violations

Organizations and individuals violating the provisions of this Decree shall be subject to administrative penalties or criminal liability depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the relevant laws.

Chapter VI

IMPLEMENTING PROVISIONS

Article 26. Effective date

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

Article 27. Implementation Organization

The Minister of Natural Resources and Environment shall provide guidance for the implementation of this Decree. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and Chairpersons of People's Committees of provinces and centrally-administered cities are responsible for enforcing this Decree./.