Circular No. 18/2016/TT-BTNMT detailing the files on marine and island resources and guiding the establishment, management of such files.

CIRCULAR

Detailed regulations on marine resources files,

guiding the establishment and management of marine resources files

Pursuant to the Law on Marine and Island Resources and Environment dated June 25, 2015;

Pursuant to Decree No. 40/2016/NĐ-CP dated May 15, 2016 of the Government detailing the implementation of certain provisions of the Law on Marine Resources, Environment, and Islands; At the proposal of the Director General of the Vietnam Marine and Island Administration and the Department Head of the Ministry of Natural Resources and Environment,

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013, promulgated by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

the Minister of Natural Resources and Environment issues this Circular detailing marine resources files and guiding their establishment and management.Department of Legal Affairs;

Article 1. This Circular details marine resources files and guides their establishment and management. Article 2. This Circular applies to agencies, organizations responsible for establishing and managing marine resources files, and related agencies, organizations, and individuals.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation, Applicability

Point 1. Changes in marine resources and environment refer to alterations in the current status, development trends of resources, and changes in environmental components of islands over time.

Point 2. A marine resources file is a collection of documents reflecting detailed information about the current status and changes in marine resources and environment, as well as other relevant information.

Article 2. Interpretation of Terms

Article 3. Requirements for the establishment and management of marine resources files

Clause 1. The establishment and management of marine resources files must be carried out in accordance with the procedures, formalities, and authorities stipulated in this Circular, ensuring convenience for exploitation and utilization.

Clause 2. Marine resources files must truthfully, objectively, and scientifically reflect information about the current status and changes in marine resources and environment.

Clause 3. Marine resources files must be updated periodically or urgently when required by competent authorities.

MARINE RESOURCES FILES

Article 4. Components and format of marine resources files

Chapter II

Clause 1. The components of marine resources files are prescribed in Clause 2, Article 40 of the Law on Marine Resources, Environment, and Islands.

Clause 2. Format of marine resources files:

a) Marine resources files are established in paper and digital formats.

b) Summary sheets of island information; results of comprehensive surveys and assessments of marine resources and environment; registers tracking changes in marine resources and environment are established according to the templates attached to this Circular;

c) Files are bound in hard covers. The cover and back cover pages record information according to Template No. 01/HSHĐ (for initial files) and Template No. 02/HSHĐCN (for updated files) attached to this Circular;

d) Files are numbered continuously from the bottom right corner of each page starting from page 1 (one) after the back cover page to the last page. The contents include Table of Contents, abbreviations, and the content of marine resources files;

đ) Files must have signatures of the head and stamps of the unit establishing the file on the back cover page of the file.

Article 5. Summary sheet of island information

Clause 1. The summary sheet of island information reflects basic information about islands established according to Template No. 03/PTY attached to this Circular.

Clause 2. Content of the summary sheet of island information:

a) Name of island: recorded according to the place name issued by the competent authority. If the island has a local name, it should be recorded under Other Names;

b) Island code: recorded according to the code issued by the competent authority (if applicable);

c) Type of island: recorded according to the Decision on classification of islands by the competent authority. In cases where the island has not been classified, it should be recorded as "Not Classified";

d) Location of the island: recorded with information about the district, province administrative units; distance from the island to the center of the district, provincial administrative units, and the nearest port on the mainland;

đ) Coordinates of the island: recorded with information about geographic coordinates at the highest point of the island. For islands with an area of one square kilometer (01 km2) or more, additional information about geographic coordinates of extreme points should be provided. Coordinates of the island are recorded to the nearest second;

g) Information about the highest point on the island; average height of the island above sea level;

h) Process of exploiting and using marine resources: recorded with information about types of resources, time, location, subjects, purposes, scale, and forms of exploitation and use.

g) Information on the Highest point on the maritime island; the average height of the maritime island above sea level;

h) The process of exploiting and using maritime island resources: record information on the type of resource, time, location, subject, Purpose, scale, form of exploitation and use.

Article 6. Maps showing maritime islands

1. The map clearly shows information about the location, coordinates, and boundaries of maritime islands, established according to legal regulations on surveying maps with appropriate scales to clearly display all relevant information.

2. Displaying the boundaries of maritime islands on the map:

a) For archipelagos: clearly show the boundaries of each island, adjacent waters, and other related natural components;

b) For individual islands: clearly show the boundary of the island measured from the lowest average low-tide waterline;

c) For submerged reefs that emerge at high tide: clearly show the natural boundary of the submerged reef and the boundary of the reef above water measured from the lowest average low-tide waterline;

d) For underwater reefs: clearly show the natural boundary of the underwater reef.

Article 7. Results of Comprehensive Survey and Assessment of Maritime Island Resources and Environment

1. The results of the comprehensive survey and assessment of maritime island resources and environment are established according to Model No. 04/KQDT attached as an appendix to this Circular.

2. Contents of the results of the comprehensive survey and assessment of maritime island resources and environment:

a) Natural Conditions Characteristics including geographical location information; geological characteristics, physical fields, topography, geomorphology, soil; climate, hydrology, marine conditions of maritime islands;

b) Economic-Social Characteristics of maritime islands including demographic information, main economic-social activities, infrastructure on maritime islands;

c) Natural Resource Characteristics including comprehensive information on the quantity, composition, characteristics, and quality of biological and non-biological resources on maritime islands:

- Biological resources include animals and plants on maritime islands;

- Non-biological resources include land, water, minerals, cultural and historical values, scenic spots, tourism, and other potential resources;

d) Environmental Characteristics including general information on current environmental conditions of land, water, and air on maritime islands; sources of pollution, environmental incidents, and natural disasters occurring on maritime islands.

Article 8. Register for Monitoring Changes in Maritime Island Resources and Environment

1. The register for monitoring changes in maritime island resources and environment records information about the changes in one or more resource and environmental factors on maritime islands recorded by the responsible agency during the management, monitoring, inspection, and supervision of maritime island resources and environment. The register for monitoring changes in maritime island resources and environment is established according to Model No. 05/BĐTN attached as an appendix to this Circular.

2. The contents of information on changes in maritime island resources and environment include the type of resource affected, the environmental factor affected, the nature of the change, the affected area, the time of the change, the cause of the change, the impact of the change on the maritime island, and other related information.

Chapter III

ESTABLISHING AND MANAGING MARITIME ISLAND RESOURCE FILES

Article 9. Procedure for Establishing Maritime Island Resource Files

1. Establish and approve the task of establishing maritime island resource files;

2. Organize the implementation of the task of establishing maritime island resource files;

3. Acceptance of the task of establishing maritime island resource files;

4. Review and approve the maritime island resource files.

Article 10. Establishment, Approval, Implementation, and Acceptance of Tasks for Preparing Marine and Island Resources Dossiers

2. The contents of the tasks for preparing marine and island resources dossiers include:

a) Task name;

b) Legal basis for proposing the tasks;

c) The necessity to implement the tasks;

d) Objectives of the task;

d) Scope of implementation (specifying the number and names of islands that need to have dossiers prepared);

e) An overview of existing information and data on marine and island resources and environment from relevant ministries, sectors, and localities;

g) Activities of the tasks;

h) Products of the tasks;

i) Preliminary budget estimate and sources of funds;

k) Implementation plan for the tasks: time frame and completion date;

l) Leading unit and cooperating units for implementing the tasks.

4. Tasks for preparing marine and island resources dossiers shall be accepted in accordance with the provisions of the law.

Article 11. Review and Approval of Marine and Island Resources Dossiers

3. The contents of the review of marine and island resources dossiers include:

a) Basis for preparing marine and island resources dossiers;

b) Content, components, and presentation format of the marine and island resources dossiers;

c) The appropriateness, accuracy, truthfulness, and scientific nature of the information in the marine and island resources dossiers and compliance with technical procedures, standards, and relevant legal regulations in preparing the dossiers;

d) Other related contents.

a) Proposal for approving the marine and island resources dossiers;

b) The completed marine and island resources dossiers according to the requirements of the Review Board;

c) Minutes of the Review Board meeting;

d) Explanation and improvement report of the marine and island resources dossiers;

đ) Confirmation letters from the Reviewers and the Chairperson of the Review Board regarding the supplementation, revision, and perfection of the marine and island resources dossiers according to the requirements of the Review Board;

e) Draft Decision of the provincial-level People's Committee approving the marine and island resources dossiers.

5. The Decision approving the marine and island resources dossiers shall be drafted according to Model No. 06/QĐPD issued together with this Circular and shall be part of the marine and island resources dossiers.

Article 12. Submission of marine and island resources files

1. Annually, the Department of Natural Resources and Environment shall carry out statistics and monitoring of changes in marine and island resources and environment to be included in the Register of Statistics and Monitoring Changes in Marine and Island Resources and Environment based on information and data recorded during the implementation of state management functions over natural resources and environment.

2. The marine and island resources file shall be reviewed and updated every five (05) years or at any time upon request of the competent authority.

a) The Department of Natural Resources and Environment shall compile the situation of changes according to the recorded information in the Register of Statistics and Monitoring Changes in Marine and Island Resources and Environment, report to the Provincial People's Committee for consideration and decision on updating the marine and island resources file;

b) For contents of changes that have complete information and specific data, the Department of Natural Resources and Environment shall complete the file, submit it to the Provincial People's Committee for consideration and decision on approval of the updated marine and island resources file.

For contents of changes that have information but lack specific data, the Department of Natural Resources and Environment shall establish tasks for updating the marine and island resources file to submit to the Provincial People's Committee for consideration and approval. The establishment, approval, implementation, and acceptance of the tasks for updating the marine and island resources file, as well as the examination and approval of the updated marine and island resources file, shall be carried out according to the procedures for establishing the marine and island resources file stipulated in this Circular.

The Decision approving the updated marine and island resources file shall be prepared according to Model No. 07/QDPCN attached to this Circular.

Article 14. Management of marine and island resources files

3. Marine and island resources files shall be stored in accordance with the laws on archives; processed and digitized to be incorporated into the database of marine and island resources and environment; utilized in accordance with the provisions of the law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Implementation Organization

1. Within the scope of its duties and powers, the Provincial People's Committee shall be responsible for disseminating and directing the implementation and ensuring conditions for the establishment, updating, and management of marine and island resources files.

Article 16. Effectiveness and Responsibility for Implementation

1. This Circular shall take effect from September 9, 2016.

2. Heads of relevant agencies, organizations, and individuals shall be responsible for implementing this Circular.