Circular No. 22/2012/TT-BTNMT on the establishment and implementation of integrated management plans for coastal resources and environmental protection.

CIRCULAR

Regulations on the establishment and implementation of integrated management plans for coastal resources and environmental protection

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment, amended and supplemented by Decree No. 19/2010/NĐ-CP dated March 5, 2010 of the Government and Decree No. 89/2010/NĐ-CP dated August 16, 2010 of the Government;

Pursuant to Decree No. 25/2009/NĐ-CP dated March 6, 2009 of the Government on the integrated management of marine resources and environmental protection.

hereby promulgates detailed regulations on the content, format, and time for reporting on comprehensive management of marine resources and environmental protection of islands and seas

The Minister of Natural Resources and Environment promulgates this Circular stipulating the establishment and implementation of Integrated Management Plans for Coastal Resources and Environmental Protection.

Chapter 1.
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the establishment, approval, implementation, and adjustment of Integrated Management Plans for Coastal Resources and Environmental Protection (hereinafter referred to as Integrated Management Plans).

Article 2. Applicability

This Circular applies to state administrative agencies, organizations, and individuals involved in the establishment, approval, implementation, and adjustment of Integrated Management Plans.

Article 3. Explanation of Terms

1. Coastal zone is the transitional area between land and sea, including the nearshore sea area and the coastal land area.

2. Nearshore sea area is the sea area with an outer boundary six nautical miles from the shore.

3. Coastal land area is the land area defined according to administrative boundaries, including districts, counties, towns, and cities along the coast belonging to provinces and centrally-administered municipalities.

4. Interested parties are organizations, individuals, and coastal communities directly or indirectly affected positively or negatively by policies, actions, and solutions related to the exploitation, utilization of coastal resources, and environmental protection.

Chapter 2.
ESTABLISHMENT, APPROVAL, AND ADJUSTMENT OF INTEGRATED MANAGEMENT PLANS

Article 4. Principles for establishing Integrated Management Plans

1. Compliance with laws on integrated management of marine resources and environmental protection and other relevant laws.

2. Ensuring unified inter-sectoral and inter-regional management; ensuring harmonization of interests among interested parties.

3. Ensuring practicality and feasibility during the implementation process.

4. Ensuring the participation of interested parties in the process of establishing Integrated Management Plans.

Article 5. Basis for establishing Integrated Management Plans

1. The bases prescribed in Article 11 of Decree No. 25/2009/NĐ-CP dated March 6, 2009 of the Government on the integrated management of marine resources and environmental protection.

2. Results of implementing previous Integrated Management Plans.

Article 6. Steps for establishing Integrated Management Plans

1. Establishing the Steering Committee for the establishment and implementation of Integrated Management Plans.

2. Collecting current information and data on the coastal zone; analyzing, evaluating, and preparing reports on the current management of coastal resources and environmental protection.

3. Determining the objectives of Integrated Management Plans.

4. Determining priorities for integrated management.

5. Drafting Integrated Management Plans.

6. Submitting for approval of Integrated Management Plans.

Article 7. Establishment of the Steering Committee for the establishment and implementation of Integrated Management Plans

1. Provincial People's Committees of centrally-administered coastal cities (hereinafter referred to as provincial People's Committees) shall be responsible for establishing the Steering Committee for the establishment and implementation of Integrated Management Plans (hereinafter referred to as the Steering Committee).

2. The Steering Committee consists of:

a) The Chairman is a representative of the leadership of the provincial People's Committee of centrally-administered coastal cities;

b) The Vice-Chairman in charge of regular duties is the leadership of the Department of Natural Resources and Environment;

c) Members are representatives of the leadership of relevant departments, agencies, and other entities decided by the provincial People's Committee of centrally-administered coastal cities.

3. Responsibilities of the Steering Committee:

a) Directing the establishment, submission for approval, implementation, and adjustment of Integrated Management Plans;

b) Proposing to the provincial People's Committee of centrally-administered coastal cities measures to resolve difficulties and obstacles arising during the establishment and implementation of Integrated Management Plans;

c) Directing the evaluation of the implementation of Integrated Management Plans;

d) Organizing the implementation of Integrated Management Plans;

đ) Directing and guiding the coordination and integration of programs, plans, and resources of departments, agencies, and People's Committees of districts, counties, towns, and cities along the coast during the implementation of Integrated Management Plans;

e) Annually reporting to the provincial People's Committee of centrally-administered coastal cities on the implementation of Integrated Management Plans;

h) The Steering Committee operates according to the Charter issued by the Chairman of the Steering Committee.

4. The Department of Natural Resources and Environment is the permanent body of the Steering Committee.

Article 8. Collection of information and data on the current status of coastal areas

1. Information and data on natural conditions and resources of coastal areas, including:

a) Natural conditions and natural resources (geographical location, climate, hydrology, biological and non-biological resources, land, water...);

b) Current status of resource exploitation and utilization.

2. Information and data on socio-economic conditions of coastal areas, including:

a) Economic conditions (infrastructure, economic sectors...);

b) Cultural and social characteristics (population, cultural customs...);

c) Local development programs and plans;

d) Vulnerable residential areas in coastal zones.

3. Information and data on the current environmental status of coastal areas, including:

a) Current environmental quality status of coastal areas;

b) Vulnerable ecosystems in coastal areas;

c) Management of waste and pollution sources in coastal areas;

d) Natural disasters and environmental incidents in coastal areas (if any);

đ) Environmental status of islands within coastal areas.

4. Information and data on the current status of policies, laws, organizational structure, management resources for natural resources and environmental protection in coastal areas, including:

a) Current policies and laws related to the management of natural resources and environmental protection in coastal areas;

b) Organizational structure and resources for implementing natural resource management and environmental protection in coastal areas;

c) Coordination mechanisms in managing natural resources and protecting the environment in coastal areas;

d) International treaties and other cooperation agreements with foreign organizations and individuals (if any);

đ) Application of scientific and technological advancements in the management of natural resources and environmental protection in coastal areas.

Article 9. Preparation of reports on the current status of natural resource management and environmental protection in coastal areas

1. Information and data on the current status of coastal areas must be analyzed and evaluated according to the groups of information specified in Article 8 of this Circular regarding the following contents:

a) Advantages and difficulties;

b) Achievements and existing issues, inconsistencies in the exploitation, utilization of resources and environmental protection in coastal areas; identify the causes of existing issues based on the requirements and objectives of integrated management methods;

c) Issues to be resolved through integrated management methods.

2. Propose solutions

a) Regarding policies and laws: propose the establishment and issuance of new or amendments and supplements to policies and regulatory legal documents related to the integrated management of natural resources and environmental protection in coastal areas;

b) Regarding resources: propose financial mechanisms and human resources to implement natural resource management and environmental protection work;

c) Regarding science and technology: propose solutions to promote research and application of scientific and technological advancements to serve the integrated management of natural resources and environmental protection in coastal areas;

d) Regarding international cooperation: propose solutions to enhance international cooperation activities to attract resources for the integrated management of natural resources and environmental protection in coastal areas.

3. Prepare a report on the current status of natural resource management and environmental protection in coastal areas according to the outline at Appendix 1 attached to this Circular.

Article 10. Determining the objectives of the Comprehensive Management Plan

1. The objectives of the Comprehensive Management Plan include general goals and specific goals.

2. The objectives of the Comprehensive Management Plan must address existing contradictions in resource exploitation management and coastal environmental protection, ensure feasibility, be consistent with implementation capacity and resources, and guarantee sustainable development.

Article 11. Determining the Priority Order of Issues to be Addressed in the Comprehensive Management Plan

1. Issues to be addressed in the Comprehensive Management Plan must be determined in priority order.

2. The determination of the priority order of issues to be addressed in the Comprehensive Management Plan is based on the following contents:

a) The urgency and importance of the issue to be resolved;

b) The orientation for socio-economic development of the locality;

c) The capability of resources to resolve the issue;

d) The feasibility in organizing and implementing the resolution.

Article 12. Drafting the Comprehensive Management Plan

1. The drafting of the Comprehensive Management Plan must be based on the report on the current status of resource management and coastal environmental protection and be consistent with the orientation for socio-economic development of the locality.

2. The term of the Comprehensive Management Plan is five years.

3. The draft Comprehensive Management Plan is drafted according to the Outline at Appendix 2 attached hereto.

Article 13. Organizing the Solicitation of Opinions During the Drafting Process of the Comprehensive Management Plan

1. The draft Comprehensive Management Plan must solicit opinions from relevant departments, district, county, town, and city people's committees along the coast, the Ministry of Natural Resources and Environment, and representatives of related parties.

2. Content of soliciting opinions:

a) Overall management objectives for the coastal area;

b) Comprehensive management issues for the coastal area;

c) Priority order of comprehensive management issues for the coastal area;

d) Implementation solutions for the Comprehensive Management Plan.

3. Time and form of soliciting opinions:

a) The draft Comprehensive Management Plan must solicit opinions during the drafting process and before submitting to the competent authority for approval;

b) Depending on the actual situation, soliciting opinions for the draft Comprehensive Management Plan can be conducted through various forms such as organizing meetings, direct exchanges, distributing opinion forms, soliciting written opinions, and simultaneously posting on the local electronic information website.

4. The draft Comprehensive Management Plan must solicit written opinions from the Ministry of Natural Resources and Environment before submission for approval.

5. The Department of Natural Resources and Environment has the responsibility to compile and explain the adoption of opinions for the draft Comprehensive Management Plan.

Article 14. Approving the Comprehensive Management Plan for Coastal Areas

1. The Department of Natural Resources and Environment is responsible for preparing the Comprehensive Management Plan documentation to submit to the provincial or centrally-affiliated municipal People's Committee for examination and approval.

2. The documents for submission include:

a) Request for approval of the Comprehensive Management Plan;

b) Draft Comprehensive Management Plan;

c) Written opinion of the Ministry of Natural Resources and Environment on the draft Comprehensive Management Plan;

d) Explanation of the adoption of opinions;

đ) Report on the current status of resource management and coastal environmental protection;

e) Related documents.

3. The Comprehensive Management Plan, after being approved, must be sent to the Ministry of Natural Resources and Environment for consolidation and management.

Article 15. Adjustment of the Comprehensive Management Plan

1. The Comprehensive Management Plan shall be adjusted when there are changes to the Marine Resources Utilization and Environmental Protection Planning, National Coastal Zone Management Strategy and Action Plan that alter the objectives and contents of the Comprehensive Management Plan.

2. The competent state agency that approves the Comprehensive Management Plan decides on the adjustment of the approved Comprehensive Management Plan.

3. The adjustment of the Comprehensive Management Plan shall be carried out according to the steps prescribed in Clauses 2, 3, 4, 5, and 6 of Article 6 of this Circular.

Article 16. Evaluation of the Implementation of the Comprehensive Management Plan

1. An evaluation of the implementation of the Comprehensive Management Plan must be organized at the end of the planning period or before the adjustment of the Comprehensive Management Plan.

2. The evaluation includes:

a) The process of implementing the Comprehensive Management Plan;

b) Achievements, existing issues, shortcomings, and their causes;

c) Positive impacts of the implementation of the Comprehensive Management Plan on the economy, society, resources, and environment of coastal areas;

d) Contents that need to be adjusted or implemented in the subsequent Comprehensive Management Plan period.

Article 17. Funding for the Preparation and Implementation of the Comprehensive Management Plan

1. State budget funding in accordance with laws on the state budget.

2. Other funding through bilateral and multilateral international cooperation programs and projects; capital raised from domestic and foreign organizations and individuals in accordance with the law.

Chapter 3.
RESPONSIBILITIES OF THE AUTHORITIES IN THE PREPARATION AND IMPLEMENTATION OF THE COMPREHENSIVE MANAGEMENT PLAN

Article 18. Responsibilities of the Vietnam Marine and Island Administration

1. Assist the Minister of Natural Resources and Environment in guiding and inspecting the preparation and implementation of the Comprehensive Management Plan.

2. Promptly propose the Ministry of Natural Resources and Environment to resolve issues arising during the preparation and implementation of the Comprehensive Management Plan.

3. Summarize and report on the situation of the preparation and implementation of the Comprehensive Management Plan by localities.

Article 19. Responsibilities of Provincial People's Committees

1. Resolve issues arising during the preparation and implementation of the Comprehensive Management Plan; promptly report and propose solutions to competent authorities when issues arise beyond the authority of the provincial People's Committee.

2. Direct the inspection and supervision of the implementation of the Comprehensive Management Plan.

3. Report annually to the Ministry of Natural Resources and Environment on the implementation of the Comprehensive Management Plan.

Article 20. Responsibilities of the Department of Natural Resources and Environment

1. Perform the duties of the standing office of the Steering Committee.

2. Take the lead in organizing the preparation, submitting for approval, and implementing tasks assigned in the Comprehensive Management Plan.

3. Advise the Steering Committee on urging, inspecting, and supervising the implementation of the Comprehensive Management Plan.

4. Carry out other tasks assigned by the Steering Committee.

Article 21. Responsibilities of Departments, Agencies, and District, County, City, and Coastal Town People's Committees under Provincial People's Committees

1. Coordinate with the Department of Natural Resources and Environment in the preparation and implementation of the Comprehensive Management Plan.

2. Take the lead in implementing activities and tasks according to the Comprehensive Management Plan.

3. Participate in coordinating inspections and supervision of the implementation of the Comprehensive Management Plan.

4. Carry out other tasks assigned by the Steering Committee.

Chapter 4.
IMPLEMENTING PROVISIONS

Article 22. Effectiveness

THIS CIRCULAR SHALL TAKE EFFECT FROM FEBRUARY 18, 2013.

Article 23. Responsibility for Implementation

1. Chairmen of coastal provinces and centrally governed cities, Directors of the Vietnam Marine and Island Administration, and related organizations and individuals are responsible for enforcing this Circular.

2. In the course of implementation, if difficulties, obstacles, or inconveniences arise, they should be promptly reported to the Ministry of Natural Resources and Environment for study, amendment, and supplementation.

 

 

ANNEX 1

FRAMEWORK FOR REPORT ON CURRENT MANAGEMENT OF COASTAL RESOURCES AND ENVIRONMENT PROTECTION
(Annexed to Circular No. 22/2012/TT-BTNMT dated December 26, 2012, issued by the Minister of Natural Resources and Environment regarding the preparation and implementation of the Comprehensive Management Plan for coastal resources and environmental protection)

INTRODUCTION

1. Name of Rural Industrial Enterprise (

1.1. Geographical location

1.2. Natural conditions and natural resources

a) Geographical location, climate, hydrology...

b) Biological, non-biological, land, water resources...

1.3. Economic and social characteristics of coastal areas

a) Economic conditions (infrastructure, economic sectors...)

b) Cultural-social characteristics (population, cultural customs...)

1.4. Current environmental status of coastal areas

a) Current quality of the coastal environment

b) Sensitive and vulnerable ecosystems in coastal areas

c) Sources of pollution and environmental degradation in coastal areas

d) Natural disasters and environmental incidents in coastal areas (if any)

1.5. Current status of coastal resources

II. CURRENT STATUS OF MANAGEMENT OF COASTAL RESOURCES AND ENVIRONMENT PROTECTION

2.1. Current policies and laws related to management of coastal resources and environmental protection

2.2. Organizational structure and resources for managing coastal resources and protecting the environment

2.3. Mechanisms for coordination in managing coastal resources and protecting the environment

2.4. International agreements and other cooperation arrangements with foreign organizations and individuals (if any)

2.5. Application of science and technology in coastal resource management and environmental protection

III. ANALYSIS AND EVALUATION OF CURRENT MANAGEMENT OF COASTAL RESOURCES AND ENVIRONMENT PROTECTION

3.1. Advantages

3.2. Difficulties

3.3. Achievements in the exploitation and utilization of coastal resources and environmental protection

3.4. Existing contradictions and conflicts in the exploitation and utilization of coastal resources and environmental protection

3.5. Causes of these issues

3.6. Issues to be resolved through comprehensive management approaches

IV. RECOMMENDED SOLUTIONS

4.1. Regarding policies and laws

4.2. Regarding resources

4.3. Regarding science and technology

4.4. Regarding international cooperation

CONCLUSION

Reference materials

 

ANNEX 2

FRAMEWORK FOR THE COMPREHENSIVE MANAGEMENT PLAN FOR COASTAL RESOURCES AND ENVIRONMENT PROTECTION
(Annexed to Circular No. 22/2012/TT-BTNMT dated December 26, 2012, issued by the Minister of Natural Resources and Environment regarding the preparation and implementation of the Comprehensive Management Plan for coastal resources and environmental protection)

I. NECESSITY

II. BASIS FOR BUILDING THE PLAN

III. CONTENT OF THE PLAN

1. GUIDING PRINCIPLES

2. OBJECTIVES OF THE PLAN

a) OVERALL OBJECTIVES

b) Specific Objectives

3. SCOPE OF THE PLAN

4. TIMEFRAME OF THE PLAN

5. CONTENT OF THE PLAN

a) DESCRIPTION OF ISSUES TO BE RESOLVED, ARRANGED IN ORDER OF PRIORITY;

b) TASKS, PROJECTS, TOPICS, PROGRAMMES PROPOSED FOR IMPLEMENTATION; IMPLEMENTATION TIMELINE (START AND END TIMES).

c) METHODS FOR IMPLEMENTING THE PLAN;

d) CONDITIONS TO ENSURE THE IMPLEMENTATION OF THE PLAN;

IV. SOLUTIONS FOR IMPLEMENTING THE PLAN

4.1. POLICY AND LEGAL SOLUTIONS

4.2. SCIENCE AND TECHNOLOGY SOLUTIONS

4.3. INTERNATIONAL COOPERATION SOLUTIONS

4.4. RESOURCE SOLUTIONS

V. ORGANIZATION OF PLAN IMPLEMENTATION

5.1. ASSIGNMENT OF RESPONSIBILITIES FOR DEPARTMENTS, SECTIONS, AND DISTRICTS, COUNTIES, TOWNS, AND CITIES

5.2. BUDGET ESTIMATE FOR IMPLEMENTING THE COMPREHENSIVE MANAGEMENT PLAN FOR THE COASTAL ZONE