Circular No. 18/2004/TT-BTNMT guiding the implementation of Decree No. 109/2003/NĐ-CP dated September 23, 2003 of the Government on the conservation and sustainable development of wetland areas.

CIRCULAR

Guidelines for implementing Decree No. 109/2003/NĐ-CP dated September 23, 2003 of the Government on the conservation and sustainable development of wetlands

 of 2003 concerning the conservation and sustainable development of wetlands;

Based on Decree No. 109/2003/NĐ-CP dated September 23, 2003 of the Government on the conservation and sustainable development of wetlands;

Pursuant to Decree No. 91/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

The Ministry of Natural Resources and Environment guides the implementation of the conservation and sustainable development of wetlands as follows:

1. These Circulars guide the implementation of the conservation and sustainable development of wetlands with special ecosystems, high biodiversity, functions to maintain water sources and ecological balance, and international and national importance.

Part 1
GENERAL PROVISIONS

I. SCOPE OF REGULATION AND APPLICABLE OBJECTS

2. These Circulars apply to organizations and individuals within and outside Vietnam that have activities in Vietnam's wetlands.

II. CLASSIFICATION OF WETLANDS

Wetlands are areas that are permanently or temporarily flooded, with flowing or standing fresh, brackish, or saline water. Wetlands are classified into coastal wetlands and inland wetlands.

1. Coastal wetlands

Coastal wetlands are saline or brackish water areas along the coast and islands with a depth not exceeding six meters at low tide, including:

a) Aquaculture zones;

b) Sandy, gravel, and pebble beaches;

c) Salt fields;

d) Mudflats and tidal flats;

đ) Estuaries;

e) River mouths;

g) Coastal plains and riverbanks influenced by tides;

h) Mangrove forests;

i) Vegetation beds;

k) Coral reefs.

2. Inland wetlands

Inland wetlands are areas with fresh or brackish water, including:

a) Paddy fields and other submerged vegetation zones;

b) Rivers, streams, canals, ditches, dedicated water surfaces, and waterfalls;

c) Lakes and ponds;

d) Swamps;

đ) Reed beds;

e) Mudflats and tidal flats;

g) Underground caves and grottos.

CONSERVATION OF WETLANDS

Part 2
I. CRITERIA FOR CONSERVATION

1. The identification of wetlands for conservation according to Article 1 of Decree No. 109/2003/NĐ-CP dated September 23, 2003 of the Government on the conservation and sustainable development of wetlands (hereinafter referred to as Decree No. 109/2003/NĐ-CP) shall be based on the following criteria:

a) Representativeness or uniqueness of a natural wetland area;

b) Habitats for many endemic, rare, or endangered species of animals and plants;

c) Regularly or seasonally inhabited by more than 20,000 water birds or more than 1% of the global or regional population of any species;

d) Important role in regulating water resources and maintaining ecological balance, with particular scenic and environmental value;

đ) Special value in cultural ecology, historical, and cultural heritage for the nation and locality.

2. Wetlands meeting any of the criteria set out in Point 1 of this Section, where more than 50% of the natural ecosystem area remains intact, shall be designated for conservation.

II. FORMS OF CONSERVATION

1. Wetlands meeting the conservation criteria outlined in Section I of this Part shall be protected under the following forms: Ramsar site, nature reserve, species and habitat conservation area (hereinafter collectively referred to as wetland conservation area).

The determination of the form of wetland conservation area shall be based on the following factors:

a) Ramsar site:

- Uniqueness or representativeness of wetlands, with significant hydrological roles;

- Ability to support rare or endangered species of animals and plants;

- Special location, serving as habitats for species at critical stages of their life cycles;

- Importance as feeding grounds, breeding sites, nurseries, and migration routes for aquatic species, particularly fish, in or around wetlands where they depend for survival.

b) Nature Reserve:

- Representative natural ecosystems with high biodiversity, retaining basic natural characteristics;

- Minimal human impact;

c) Species and Habitat Conservation Area:

- Significant role in natural conservation, sustaining and developing species;

- Ability to conserve habitats and species;

- Presence of rare animals and plants or habitats for rare wild animals;

- Value in cultural ecology, historical, and cultural heritage.

2. Wetlands not fully meeting the conservation criteria outlined in Section I of this Part but of significance to localities and designated for protection by provincial People's Committees shall be collectively referred to as wetland conservation areas.

III. ESTABLISHMENT OF WETLAND CONSERVATION AREAS

1. Responsibilities for establishing projects to establish wetland conservation areas

Responsibilities for establishing projects to establish wetland conservation areas are stipulated as follows:

a) The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant ministries, agencies, and provincial People's Committees to organize the establishment of projects for wetland conservation areas of international and national importance, involving multiple sectors and spanning two or more provinces or centrally-administered cities, to be submitted to the Prime Minister for approval;

b) The Ministry of Agriculture and Rural Development and the Ministry of Fisheries shall take the lead in organizing the establishment of specialized projects for wetland conservation areas of international and national importance, spanning two or more provinces or centrally-administered cities, to be submitted to the Ministry of Natural Resources and Environment for review and then to the Prime Minister for approval;

c) Provincial Departments of Natural Resources and Environment shall take the lead and coordinate with relevant departments and sectors to organize the establishment of projects for wetland conservation areas entirely within their jurisdiction, to be submitted to the provincial People's Committee for approval.

2. Contents of projects to establish wetland conservation areas

Projects to establish wetland conservation areas shall include the following main contents:

a) Detailed results of investigations and assessments of the proposed wetland conservation area;

b) Boundaries and area of the wetland to be conserved, accompanied by a map extract of the conservation area.

b) Phân giới, diện tích vùng đất ngập nước cần bảo tồn kèm theo trích lục bản đồ khu bảo tồn;

c) Economic and social impact assessment of establishing a wetland conservation area, support measures for affected entities due to the establishment of the conservation area;

d) Composition of the Management Board, draft management regulations and management plans for each type of conservation area;

đ) Investment items for conserving wetland areas.

IV. MANAGEMENT OF WETLAND CONSERVATION AREAS

1. Determination of boundaries, area, and functional zones of the conservation area

a) Based on the decision to establish a wetland conservation area, the provincial People's Committee shall direct the determination of boundaries, area, and the allocation of land to the management agency of the conservation area.

b) The agency responsible for managing the wetland conservation area shall take the lead in coordinating with the People's Committee of the commune, ward, town where the conservation area is located (hereinafter referred to collectively as commune) to carry out boundary marker installation to define the conservation area boundaries.

c) Depending on the conservation objectives, the wetland conservation area shall be divided into the following functional zones:

- Strict protection zone for areas where natural ecosystems must be preserved intact;

- Ecological restoration zone for areas where activities aimed at restoring and developing natural ecosystems will be carried out;

- Service-administrative zone for construction of facilities for work and living of the conservation area management board, research-experimental bases, tourism services, entertainment.

2. Management Board

The wetland conservation area specified in Clause 1, Article 12 of Decree No. 109/2003/ND-CP must have a Management Board. The tasks, powers, and organizational structure of the Management Board shall be approved together with the decision to establish the wetland conservation area.

a) Tasks, Powers

The Management Board of the wetland conservation area has the following tasks and powers:

- To develop regulations on the organization and operation of the conservation area, prepare investment projects for development of the conservation area to submit to competent state agencies for approval;

- To prepare annual activity budget plans and basic construction investment budgets for development of the conservation area to submit to competent state agencies for approval; manage and use assets and funds allocated according to the provisions of the law;

- To organize the implementation of investment projects for development of the wetland conservation area that have been approved by competent state agencies;

- Organization to conduct surveys, monitor changes in natural resources in the wetland area, especially rare animal and plant species and those requiring conservation; carry out statistics, inventory of resources, and report periodically to the directly superior authority, the Department of Natural Resources and Environment where the conservation area is located, and the Environmental Protection Agency under the Ministry of Natural Resources and Environment;

- To organize monitoring, tracking, and evaluating environmental component changes in the area and its impact on the ecosystem and landscape of the wetland conservation area;

- To organize data storage and processing to serve statistical, inventory, and resource management work;

- To organize scientific research, cultural, social activities, and service activities related to the conservation area according to the provisions of the law.

b) Organizational Structure

- For Ramsar Sites, it includes:

+ Director;

+ Deputy Director;

+ Members including: Chairman or Vice-Chairman of the People's Committee of communes within the Ramsar Site and buffer zones; Commander of Border Guard Post within the Ramsar Site and buffer zones; Forest Ranger Chief; Representatives of local resource management and environmental protection, agriculture and rural development, fisheries agencies;

+ Functional Departments.

- For other wetland conservation areas, it includes:

+ Director or General Manager;

+ Deputy Director or Deputy General Manager;

+ Functional Departments.

3. Management Regulations for Wetland Conservation Areas

a) Each wetland conservation area must have its own management regulations, including the following main contents:

- Prohibitive provisions;

- Management methods for functional zones and buffer zones;

- Management methods for tour services, scientific research activities, and other activities within the scope of the wetland conservation area.

b) Management regulations for wetland conservation areas must be approved by competent authorities together with the decision to establish the wetland conservation area.

c) Establishing a wetland conservation area on land already allocated or leased for use must comply with the laws on land and establish a coordination mechanism between the conservation area management board and the entity to which the State has allocated or leased the land to ensure the legitimate rights and interests of the land users and protect the wetland conservation area.

d) Historical and cultural relics in wetland areas shall be managed in accordance with the laws on cultural heritage, Decree No. 109/2003/ND-CP, other relevant laws, and this Circular.

4Activities strictly prohibited in wetland conservation areas

a) For the entire wetland conservation area:

- Damaging the wetland area, adversely affecting the habitat and breeding grounds of animal and plant species;

- Using electric shock, explosives, poisons, or other destructive methods in fishing and harvesting aquatic resources;

- Hunting protected animals and plants of the conservation area; wild animals and plants, aquatic organisms;

- Exploiting minerals in any form;

- Causing erosion of canal, ditch, pond, lake banks; causing drying up or draining of wetland areas;

- Occupying, converting land use purposes illegally;

- Introducing alien animals and plants capable of harming the environment, natural ecosystems, and biodiversity;

- Relocating from outside to live and settle in any form;

- Grazing livestock, poultry; industrial aquaculture;

- Causing environmental pollution, including excessive noise and vibration beyond permissible limits.

b) For the ecological restoration zone, in addition to the prohibited activities stipulated in point a of this clause, the following activities are also strictly prohibited:

- Construction of buildings, houses;

- Logging, fishing in any form.

c) For the strict protection zone, in addition to the prohibited activities stipulated in points a and b of this clause, the following activities are also strictly prohibited:

- Collecting mineral samples, wild animals, aquatic organisms, microbial samples.

- Visiting, touring in all forms.

5. Activities and residence in the conservation area.

a) Households currently residing in the conservation area shall not expand their living scale or scope; in cases of household division or new construction, they must relocate outside the conservation area.

The management board of the conservation area shall prepare a project to submit to the competent state agency for examination and decision regarding the relocation of houses and facilities out of the conservation area.

b) Encourage households currently residing in the conservation area and buffer zone to participate in protecting and developing the ecosystem within the wetland conservation area.

c) Organizations and individuals residing or operating in the conservation area must comply with the provisions of Decree No. 109/2003/NĐ-CP, this Circular, and the Management Regulations of the Conservation Area.

V. MANAGEMENT OF THE BUFFER ZONE OF WETLAND CONSERVATION AREAS

1. A buffer zone must be established around wetland conservation areas. The buffer zone is calculated within the remaining area limits of communes where part of the area belongs to the wetland conservation area or adjacent to the wetland conservation area.

In cases where the remaining area of the commune within the buffer zone is less than one-third of the total area of the commune, the administrative boundary of the next commune shall be included within the buffer zone of the wetland conservation area.

2. Investment projects in the buffer zone must aim at protecting the conservation area, developing industries to increase income, improving the livelihoods of residents in the buffer zone, and reducing harmful pressure on the conservation area.

3. Activities in the buffer zone shall not adversely affect the management and protection of the wetland conservation area.

4. Local authorities at all levels where part or all of the land area lies within the conservation area or buffer zone, agencies, units operating in the buffer zone, or related to the conservation area and buffer zone shall cooperate with the management board of the conservation area in managing and protecting the conservation area and buffer zone.

Part 3
IMPLEMENTATION

1. From now until 2006, carry out the following tasks:

a) Complete the investigation and planning for the conservation and sustainable development of wetland areas nationwide;

b) Establish protected zones and create wetland conservation areas, initially focusing on internationally and nationally important wetlands that are being harmed; adjust the protected zone boundaries for existing wetland conservation areas if necessary;

c) Improve the organizational structure of management and review, supplement the management regulations of wetland conservation areas according to this Circular.

2. Continuously strengthen inspection and supervision of compliance with laws on the conservation and sustainable development of wetlands; promptly identify and handle violations concerning the conservation and sustainable development of wetland areas according to the law.

3. The Ministry of Agriculture and Rural Development, the Ministry of Fisheries, and People's Committees of provinces and centrally governed cities with wetland areas shall direct the implementation of work on the conservation and sustainable development of wetland areas according to Decree No. 109/2003/NĐ-CP and this Circular.

4. The Department of Environment, the Department of Environmental Impact Assessment, the Environmental Protection Agency, the Water Resources Management Agency, and the Inspectorate of the Ministry of Natural Resources and Environment, within their assigned functions, shall assist the Minister in performing state management functions over the conservation and sustainable development of wetland areas nationwide.

5. Departments of Natural Resources and Environment in places with wetland areas shall assist People's Committees of provinces and centrally governed cities in managing wetland areas according to Decree No. 109/2003/NĐ-CP and this Circular.

6. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

During implementation, if there are difficulties or obstacles, they should be reported promptly in writing to the Ministry of Natural Resources and Environment for consideration, resolution, or amendment and supplementation as appropriate.