Decree No. 25/2009/NĐ-CP on Comprehensive Management of Natural Resources and Environmental Protection in Marine Areas

DECREE

On the comprehensive management of marine and island resources and environmental protection

_____________________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

Pursuant to the Law on Water Resources dated May 20, 1998;

Based on the Land Law dated November 26, 2003;

Based on the Fisheries Law dated November 26, 2003;

Pursuant to the Law on National Border dated June 17, 2003;

Pursuant to the Forest Protection and Development Law dated December 3, 2004;

Pursuant to the Law on Minerals dated March 20, 1996 and the Law Amending and Supplementing Certain Provisions of the Law on Minerals 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 Law on Dikes dated November 29, 2006;

Pursuant to the Petroleum Law 1993; the Law Amending and Supplementing Certain Provisions of the Petroleum Law dated June 28, 2000; the Law Amending and Supplementing Certain Provisions of the Petroleum Law dated June 3, 2008;

CONSIDERING THE PROPOSAL OF THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT,

DECREE

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the comprehensive management of marine and island resources and environmental protection in coastal areas, maritime zones, and islands of Vietnam; the responsibilities of agencies, organizations, and individuals involved in managing, exploiting, using resources, and protecting the marine and island environment.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals within the country, foreign organizations, and individuals (hereinafter referred to collectively as organizations and individuals) engaged in managing, exploiting, using resources, and protecting the marine and island environment.

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. Explanation of Terms

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

1. Marine and island resources include various forms of biological resources, non-biological resources, positional resources, and other renewable and non-renewable resources in coastal areas, maritime zones, and islands of Vietnam.

2. Marine environment refers to physical, chemical, and biological factors characteristic of seawater, coastal land, submarine sediments, air above the sea surface, and marine ecosystems that exist objectively and affect humans and living organisms.

3. The Vietnamese maritime zone includes: internal waters, territorial sea, contiguous zone, exclusive economic zone, and continental shelf of Vietnam.

4. Coastal area is the transitional zone between the mainland and the sea, comprising the nearshore waters and coastal land defined by administrative boundaries for management purposes.

5. Comprehensive management of marine and island resources and environment involves inter-sectoral, inter-regional management ensuring national interests while harmonizing the interests of sectors, fields, localities, and organizations and individuals related to the management, exploitation, use of resources, and protection of the marine and island environment.

6. Basic survey of marine and island resources and environment is the activity of collecting, processing, and managing data on natural conditions, resources, and the marine and island environment.

Article 4. Principles of comprehensive management of marine and island resources and environmental protection

1. Ensuring unified, inter-sectoral, inter-regional management, while harmonizing common interests among parties involved in the exploitation and use of resources and protection of the marine and island environment; closely combining the development of maritime and island regions with the development of inland areas towards industrialization and modernization.

2. Closely combining economic and social development with environmental protection, ensuring safety at sea, and contributing to safeguarding national sovereignty and territorial integrity.

3. Strengthening and diversifying investment forms, attracting all domestic and international resources to develop the economy and society, and protect the marine and island environment.

4. Actively preventing, stopping, reducing pollution, and remedying degradation of the marine and island environment; protecting and developing marine and island ecosystems to ensure sustainable development.

5. Adhering to international treaties on the sea to which Vietnam is a party.

Article 5. Content of comprehensive management of marine and island resources and protection of the marine and island environment

1. Drafting and promulgating legal normative documents on comprehensive management of marine and island resources and protection of the marine and island environment.

2. Establishing plans for the use of resources and protection of the marine and island environment.

3. Uniformly managing basic survey activities, exploitation, utilization of resources, and protection of the marine and island environment.

4. International cooperation in the field of comprehensive management of marine and island resources and protection of the marine and island environment.

5. Preventing, stopping, controlling pollution of the marine and island environment; responding to and mitigating environmental incidents and protecting coastal environments.

Chapter 2.

COMPREHENSIVE MANAGEMENT OF MARINE AND ISLAND RESOURCES AND PROTECTION OF THE MARINE AND ISLAND ENVIRONMENT

Article 6. Principles of planning for the use of resources and protection of the marine and island environment

1. Ensuring unity, systematization, and suitability with the characteristics, geographical location, and natural laws of marine areas, coastal regions, and islands.

2. Ensuring national interests, harmonizing the interests of various sectors and localities in exploiting and utilizing marine and island resources in accordance with the country's economic and social development strategy.

3. Limiting harmful impacts while protecting and improving environmental quality, ensuring sustainable use of marine resources, and promoting marine and island economic development.

Article 7. Basis for establishing plans for the use of resources and protection of the marine and island environment

1. National strategies and overall plans for economic and social development; national environmental protection strategies.

2. Strategic orientations for sustainable development and Vietnam's maritime strategy.

3. Natural conditions and socio-economic conditions of the entire country and key economic zones.

4. Current status of exploitation, utilization of resources, and protection of the marine and island environment nationwide, regionally, and in coastal and island provinces directly under the central government (hereinafter referred to as coastal provinces).

5. Value of resources and vulnerability level of the marine and island environment.

Article 8. Content of plans for the use of resources and protection of the marine and island environment

1. Analyzing and evaluating natural conditions, socio-economic conditions, and current status of exploitation, utilization of resources, and protection of the marine and island environment.

2. Determining directions, goals, and rational usage guidelines for resources and protection of the marine and island environment.

3. Determining locations, areas, and mapping regions for sea surface, seabed, and island use for economic and social development, national defense, security purposes; determining restricted exploitation zones, conditional exploitation zones, special protection zones for national defense, security, environmental protection, and ecosystem conservation, and floating and submerged structures on the sea.

4. Identifying vulnerable coastal areas such as sedimentation zones, eroding coastlines, protective forests, wetlands, beach sand, and buffer zones, and implementing appropriate management and protection measures.

5. Implementation solutions for plans for the use of resources and protection of the marine and island environment.

Article 9. Establishment and approval of plans for the use of resources and protection of the marine and island environment

1. The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant ministries, sectors, and provincial people's committees to establish plans for the use of resources and protection of the marine and island environment nationwide, to be submitted to the Government for approval. For plans related to national defense and security, opinions from the Ministry of Defense and the Ministry of Public Security must be obtained before submission to the Government for approval.

2. Ministries, sectors, and provincial people's committees have the responsibility to propose resource exploitation and utilization needs and environmental protection requirements for the Ministry of Natural Resources and Environment to incorporate into plans for the use of resources and protection of the marine and island environment.

3. Plans for the use of resources and protection of the marine and island environment are established for a ten-year period and provide guidance for the subsequent twenty years. Every five years, evaluations and adjustments must be made to align with changes and adjustments to the bases for establishing plans for the use of resources and protection of the marine and island environment as stipulated in Article 7 of this Decree.

Article 10. Implementation of marine and island resource utilization planning and environmental protection

1. The Ministry of Natural Resources and Environment shall be responsible for directing, guiding, and organizing the management and implementation of marine and island resource utilization planning and environmental protection; inspecting the implementation of marine and island resource utilization planning and environmental protection.

2. Ministries, sectors, and People's Committees of coastal provinces shall be responsible for directing and organizing the correct implementation of marine and island resource utilization planning and environmental protection that have been approved by competent state authorities.

3. Organizations and individuals with investment projects related to marine and island resource exploitation and utilization shall be responsible for complying with marine and island resource utilization planning and environmental protection that have been approved by competent state authorities.

Article 11. Basis for establishing comprehensive management programs and plans for marine and island resources and environmental protection

1. Marine and island resource utilization planning and environmental protection that have been approved by competent state authorities.

2. Five-year and annual national and local socio-economic development plans.

3. Requirements for exploiting and utilizing marine and island resources and environment by organizations, individuals, and community residents.

Article 12. Contents of comprehensive management programs and plans for marine and island resources and environmental protection

1. Assessment of the current status of comprehensive management of marine and island resources and environmental protection.

2. Determination of objectives for comprehensive management of marine and island resources and environmental protection.

3. Determination of priority order for comprehensive management of marine and island resources and environmental protection.

4. Proposing mechanisms, policies, solutions, and specific activities to implement comprehensive management of marine and island resources and environmental protection.

5. Resources for implementing comprehensive management of marine and island resources and environmental protection.

Article 13. Establishment and Approval of Comprehensive Management Programs and Plans for Marine and Island Resources and Environmental Protection

1. Ministries, sectors, and People's Committees of coastal provinces within their scope of management shall be responsible for establishing programs and plans for the exploitation, utilization of marine and island resources, and environmental protection, and submitting them to the Ministry of Natural Resources and Environment for consolidation.

2. Based on the approved marine and island resource utilization planning and environmental protection, the Ministry of Natural Resources and Environment shall be responsible for consolidating the programs and plans for the exploitation, utilization of marine and island resources, and environmental protection of ministries, sectors, and localities; establishing and submitting inter-ministerial and inter-provincial programs and plans for the exploitation, utilization of marine and island resources, and environmental protection to the Prime Minister for approval.

Article 14. Implementation of Comprehensive Management Programs and Plans for Marine and Island Resources and Environmental Protection

1. The Prime Minister decides to establish an Inter-Ministerial Steering Committee to implement comprehensive management programs and plans for marine and island resources and environmental protection for programs and plans involving multiple ministries, sectors, and localities.

2. The Vietnam Marine and Island Administration shall perform the role of the permanent office of the Inter-Ministerial Steering Committee to coordinate the implementation of comprehensive management programs and plans for marine and island resources and environmental protection.

Article 15. Management of basic marine and island resources and environmental investigation

1. All activities of basic investigation, scientific research on the sea, islands, and oceans must be permitted by competent state agencies in accordance with the provisions of the law.

2. The Ministry of Natural Resources and Environment

a. Reviewing and participating in reviewing programs and plans for basic investigations and scientific research on the sea, islands, and oceans of ministries, sectors, and localities in accordance with the provisions of the law;

b. Cooperating with relevant agencies to monitor, urge, inspect, and compile the implementation situation of programs and plans for basic investigations and scientific research on the sea, islands, and oceans of ministries, sectors, and localities; proposing adjustments to programs and plans for basic investigations and scientific research on the sea, islands, and oceans.

3. Ministries, sectors, and People's Committees of coastal provinces must regularly report annually to the Ministry of Natural Resources and Environment on the implementation of programs and plans for basic investigations and scientific research on the sea, islands, and oceans.

Article 16. Management of exploitation and utilization of marine and island resources

1. Organizations and individuals with the need and capability to exploit and utilize marine and island resources must be granted permission by competent state agencies in accordance with the provisions of the law.

2. The granting of permission for the exploitation and utilization of marine and island resources must be based on the planning for the use of resources and protection of the marine and island environment; specialized planning approved by competent state agencies and the needs for the exploitation and utilization of marine and island resources reflected in the proposal document or project for the exploitation and utilization of marine and island resources in accordance with the provisions of the law.

Article 17. Prevention, blocking, and control of marine and island pollution

1. Measures for prevention, blocking, and control of marine and island pollution:

a. Owners of production and business establishments on islands and owners of floating vessels on the sea have the responsibility to report the amount of waste and waste disposal plans to the state management agency for the environment; owners of transport vessels and warehouses storing goods on the sea that pose a high risk of causing environmental accidents must have accident prevention plans and must notify the state management agency for the environment, the National Committee for Search and Rescue, and the Coast Guard;

b. Wastewater from drilling platforms and oil and gas extraction facilities, floating vessels, and ballast water from organizations and individuals operating in Vietnam’s maritime areas may only be discharged into the sea after being treated to meet technical standards for the environment;

c. Solid waste generated at drilling platforms and floating vessels must be managed in accordance with the provisions of the law;

d. Aquaculture activities in Vietnam’s maritime areas and coastal zones must comply with the provisions of the law on environmental protection and other related laws;

e. Dredged material from navigation channels and seaports must be disposed of at designated dumping sites approved by competent state agencies.

2. The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant ministries and sectors to organize research, investigation, and assessment of the status of marine and island pollution and identify severely polluted areas; carry out remediation and recovery of the marine and island environment quality; issue regulations on waste management and control of marine and island pollution; direct and guide the People's Committees of coastal provinces to implement regulations on waste management and control of marine and island pollution.

3. Relevant ministries and sectors shall cooperate with the Ministry of Natural Resources and Environment to investigate and assess the current status of marine and island pollution; develop, issue, and supervise the implementation of technical standards for waste management and control of marine and island pollution arising from their own sectoral activities; mobilize specialized forces to participate in inspections and supervision of compliance with legal provisions on waste management and control of marine and island environmental pollution.

4. People's Committees of coastal provinces shall organize management, inspection, supervision, and handling of acts causing marine and island environmental pollution within their jurisdiction in accordance with the provisions of the law.

Article 18. Response to and Mitigation of Environmental Incidents and Natural Disasters in Coastal Areas, Sea Zones, and Islands of Vietnam

1. Activities for responding to and mitigating environmental incidents and natural disasters in coastal areas, sea zones, and islands of Vietnam include:

a. Monitoring and promptly warning about environmental incidents and natural disasters in coastal areas, sea zones, and islands of Vietnam;

b. Timely and effective response to environmental incidents and natural disasters to reduce harmful impacts;

c. Handling and remedying environmental consequences caused by environmental incidents and natural disasters;

d. Organizations and individuals causing marine and island environmental incidents must compensate for environmental damage and be subject to legal sanctions;

đ. Strengthening international cooperation activities in the field of responding to environmental incidents and warning about natural disasters.

2. The State encourages organizations and individuals engaged in production and business activities at sea and living in coastal areas and islands to participate in insurance against risks caused by natural disasters. The Ministry of Finance shall be responsible for guiding specific provisions of this clause.

3. The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant ministries, sectors, and provincial People's Committees to organize monitoring, supervision, and warning activities regarding environmental incidents and natural disasters; develop strategies and action plans to adapt to rising sea levels; and establish a roadmap for participating in international treaties related to responding to environmental incidents and natural disasters.

4. The Ministry of Natural Resources and Environment shall be responsible for coordinating with the National Committee for Search and Rescue and relevant ministries and sectors in responding to environmental incidents and natural disasters.

5. Provincial People's Committees within their administrative management jurisdiction shall be responsible for organizing the handling and remediation of consequences caused by environmental incidents and natural disasters and demanding compensation for environmental damage according to the law.

Article 19. Protection of Coastal Environments

1. The State has policies to protect coastal environments, ensuring safety and sustainable economic and social development in coastal areas.

2. Coastal areas must be monitored for changes, assessed for current conditions, and forecasted for trends; buffer zones must be identified and delineated to protect vulnerable and significantly changing coastal areas such as sedimentary beaches, eroding coastlines, sandy coasts, protective forests, and coastal wetlands to implement appropriate management and protection measures.

3. The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant ministries, sectors, and provincial People's Committees to develop the national strategy on protecting coastal environments for approval by the Prime Minister.

4. Relevant ministries and sectors shall be responsible for coordinating with the Ministry of Natural Resources and Environment to guide and direct provincial People's Committees to manage and protect coastal areas according to the law.

5. Within their administrative management jurisdiction, provincial People's Committees shall be responsible for managing and protecting coastal areas, identifying vulnerable and significantly changing coastal areas, proposing and implementing appropriate management and protection measures.

Article 20. Resolution of Disputes and Complaints Related to Management, Exploitation of Marine Resources, and Protection of Marine and Island Environments

1. The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant agencies to resolve or propose competent authorities to resolve disputes related to inter-ministerial and inter-provincial management, exploitation of marine resources, and protection of marine and island environments.

2. Ministries and ministerial-level agencies shall be responsible for resolving disputes related to the exploitation of marine resources and islands within their administrative management jurisdiction.

3. Provincial People's Committees shall be responsible for resolving disputes related to management, exploitation of marine resources, and protection of coastal and island environments within their administrative management jurisdiction.

4. The resolution of complaints related to management, exploitation of marine resources, and protection of marine and island environments shall be carried out according to the law on complaints and denunciations.

Chapter 3.

CONDITIONS TO ENSURE INTEGRATED MANAGEMENT OF MARINE RESOURCES AND PROTECTION OF MARINE AND ISLAND ENVIRONMENTS

Article 21. Funding for integrated management of marine and island resources and environmental protection

1. The sources of funding for integrated management of marine and island resources and environmental protection include:

a. State budget;

b. Other lawful sources of funding as prescribed by law.

2. The state development budget shall be used for the following tasks:

a. Building survey fleets, monitoring systems for marine resources and environment; warning and supervisory systems for marine resources and environment;

b. Investing in infrastructure construction, purchasing equipment to serve the work of integrated management of marine and island resources and environmental protection, responding to environmental incidents;

c. Other investment items related to integrated management of marine and island resources and environmental protection.

3. The regular state budget shall be used for the following tasks:

a. Basic investigation of marine and island resources and environment;

b. Planning for integrated management of marine and island resources and environmental protection;

c. Scientific research, exploration, and forecasting on changes in marine and island resources and environmental conditions;

d. Propaganda, legal education, raising awareness about managing marine and island resources and environmental protection;

đ. Training, training sessions, enhancing state management capacity regarding the management of marine and island resources and environmental protection, responding to environmental incidents;

e. International cooperation on the management of marine and island resources and environmental protection;

g. Other activities related to integrated management of marine and island resources and environmental protection.

Article 22. Development of human resources

1. The State prioritizes training and encourages businesses and social organizations to participate in training, building teams for research, investigation, surveying, managing marine and island resources and environmental protection.

2. Based on long-term forecasts of the need for human resource training in research, investigation, surveying, managing marine and island resources and environmental protection by the Ministry of Natural Resources and Environment, the Ministry of Education and Training will plan to train personnel in relevant fields at universities, colleges, and vocational schools both domestically and internationally; develop specialized training content suitable for the requirements of building teams for research, investigation, surveying, managing marine and island resources and environmental protection.

3. The Ministry of Natural Resources and Environment shall take the lead, coordinate with the Ministry of Home Affairs to submit to the Prime Minister for issuance of special allowances and responsibility allowances for civil servants engaged in researching, investigating, surveying marine and island resources and environment.

Article 23. Propaganda on integrated management of marine and island resources and environmental protection

1. The State prioritizes promoting propaganda efforts to raise awareness about protecting national sovereignty and interests at sea; sustainable exploitation and utilization of marine and island resources and environmental protection; encouraging organizations and individuals to actively participate in various forms of propaganda within the community on implementing policies and laws on managing marine and island resources and environmental protection.

2. Forms of propaganda on integrated management of marine and island resources and environmental protection include:

a. Organizing Vietnam Marine Week to respond to World Ocean Day and major domestic and international events related to the requirements of integrated management of marine and island resources and environmental protection;

b. Editing, publishing, and disseminating publications and materials; conducting communication activities through mass media on marine and island resources and environment;

c. Organizing awards and forms of recognition for organizations and individuals who have made outstanding contributions in proposing innovative solutions for efficient and sustainable exploitation of marine resources or have effectively protected the marine and island environment;

d. Implementing other forms of propaganda on marine and island resources and environment.

3. The Ministry of Natural Resources and Environment shall be responsible for:

a. Taking the lead, coordinating with ministries, sectors, coastal provinces, and information and press agencies in developing and implementing propaganda programs, plans, and projects; organizing awards and forms of recognition and seeking and attracting domestic and international financial support from organizations and individuals to implement propaganda work on integrated management of marine and island resources and environmental protection;

b. Coordinating with the Ministry of Education and Training to select and incorporate appropriate topics and contents on managing marine and island resources and environmental protection into educational and training programs in the national education system.

4. Ministries, ministerial-level agencies, and government agencies have the responsibility to direct information and press agencies and specialized agencies under their management to carry out propaganda work, disseminate knowledge, and educate the law on exploiting and utilizing marine resources and protecting the marine environment in their respective sectors and fields.

5. People's Committees of coastal provinces have the responsibility:

a. Directing the Department of Natural Resources and Environment to take the lead, coordinate with local information and press agencies and specialized agencies in developing and implementing propaganda programs and plans on the management of marine and island resources and environmental protection in their areas;

b. Prioritizing allocation of funds from the local budget and seeking and attracting domestic and international financial support from organizations and individuals to organize propaganda, disseminate legal education, build a network of propagandists in their areas to serve the management of marine and island resources and environmental protection.

Article 24. Participation of organizations and individuals in managing marine and island resources and protecting the marine environment

1. The State encourages social feedback on policies, laws, strategies, action plans, and projects related to the management, exploitation, and use of marine and island resources and protection of the marine environment; encourages organizations and individuals to invest in projects for reasonable exploitation and use of resources and protection of the marine environment according to the provisions of the law.

2. The State has policies to support research, construction, and dissemination of community-based management models for the management and exploitation of resources and protection of the coastal and island environment.

Article 25. Scientific and technological activities on comprehensive management of marine and island resources and environmental protection

1. The State encourages organizations and individuals to conduct scientific research, apply and transfer technology, and international cooperation in science and technology for comprehensive management of marine and island resources and environmental protection.

2. The contents of scientific and technological research activities on comprehensive management of marine and island resources and environmental protection include:

a. Researching and identifying natural conditions, natural resources, biodiversity, and the marine and island environment;

b. Studying theoretical and practical foundations to serve the development of policies and legal regulations on comprehensive management of marine and island resources and environmental protection;

c. Researching, investigating, and surveying to provide scientific bases for developing procedures, norms, standards, and economic-technical quotas to serve the management of resources and environmental protection;

d. Researching the application and transfer of technology to serve comprehensive resource management and environmental protection;

đ. Other scientific and technological research and application activities related to comprehensive resource management and environmental protection.

3. The Ministry of Natural Resources and Environment identifies priority directions and main scientific and technological tasks on marine and island resources and the environment; participates in building policies for the development of high-tech and cutting-edge technologies to serve comprehensive management of marine and island resources and environmental protection according to the provisions of the law.

Article 26. International Cooperation on Comprehensive Management of Marine and Island Resources and Environmental Protection

1. The State implements cooperation with other countries, foreign organizations, and international organizations in the following areas:

a. Researching, constructing, and perfecting legal regulatory documents on the management of marine and island resources and environmental protection;

b. Investigating and researching marine and island resources and the environment; applying science and technology to serve marine research work; investigating and assessing damage to marine resources and the environment; forecasting natural disasters and marine pollution caused by marine and island resource exploitation activities;

c. Sustainably exploiting marine resources based on maintaining national independence and territorial integrity, ensuring maritime security and defense;

d. Protecting marine biodiversity and maintaining productivity and diversity of marine ecosystems and coastal zones;

đ. Treating waste from marine economic activities, treating marine pollution, responding to oil spills, adapting to climate change;

e. Searching and rescuing at sea.

2. The Ministry of Natural Resources and Environment is the lead agency for coordinating international cooperation on the management of marine and island resources and environmental protection.

3. Ministries, sectors, and localities involved in international cooperation on the sea have the responsibility to report annually on the status of their international cooperation activities on the sea to the Ministry of Natural Resources and Environment for consolidation and reporting to the Prime Minister.

Chapter 4.

RESPONSIBILITIES OF MANAGEMENT ORGANIZATIONS FOR MARINE AND ISLAND RESOURCES AND ENVIRONMENTAL PROTECTION

Article 27. Responsibilities of the Ministry of Natural Resources and Environment

1. Submitting to the Government and the Prime Minister for issuance or issuing within their authority legal regulatory documents, mechanisms, policies, procedures, and norms on the management, exploitation, and use of marine and island resources and environmental protection.

2. Leading and coordinating with relevant ministries, sectors, and coastal provincial People's Committees to develop basic surveys of marine resources and the environment; establishing marine and ocean research programs and comprehensive management programs for coastal areas to be submitted to the Prime Minister for approval and implementation after approval.

3. Directing and inspecting coastal provincial People's Committees in the development and implementation of comprehensive management programs and plans for coastal areas; establishing directives to assess progress and results of comprehensive management of coastal resources and environmental protection.

4. Organizing the establishment of a national monitoring system for marine resources and the environment.

5. Compiling, evaluating the socio-economic potential related to the sea of Vietnam; statistics, classification, and evaluation of the potential of various sea regions, islands, archipelagos, and submerged banks under the sovereignty of Vietnam; organizing analysis, evaluation, and forecasting of issues related to marine exploitation, scientific research, and international cooperation.

6. Establishing and managing a national database on marine and island resources and the environment.

7. Leading and coordinating in resolving inter-ministerial and inter-provincial issues regarding the management, exploitation, and use of marine and island resources and environmental protection.

8. Developing planning and investment schemes for the exploitation, use, and organization of specialized facilities and equipment for marine and island resource research and survey according to the provisions of the law.

9. The Vietnam Marine and Island Administration, a subordinate agency of the Ministry of Natural Resources and Environment, performs advisory functions to assist the Minister of Natural Resources and Environment in comprehensive and unified state management of the sea and islands.

Article 28. Responsibilities of Ministries and Sectors

1. The Ministry of Home Affairs shall take the lead and coordinate with the Ministry of Natural Resources and Environment and coastal provinces to delineate maritime and island management boundaries according to the administrative division levels for submission to the competent state authority for approval.

2. The Ministry of National Defense and the Ministry of Public Security shall be responsible for mobilizing forces to respond to and mitigate environmental incidents in Vietnam's marine and island areas; directing, guiding, inspecting, and auditing marine and island resource protection and environmental conservation work within their respective authorities.

3. Ministries and agencies at the ministerial level within their respective jurisdictions shall be responsible for:

a. Issuing technical standards and economic-technical norms on the management, exploitation, and utilization of marine and island resources according to specialized management requirements;

b. Organizing the development of programs and plans for investigating, surveying, and exploiting marine and island resources under their jurisdiction;

c. Cooperating with the Ministry of Natural Resources and Environment to resolve or propose solutions to inter-sectoral and inter-provincial issues related to the management and exploitation of marine and island resources and environmental protection; organizing the implementation of inspection, audit, and handling of violations of laws on the management and exploitation of marine and island resources and environmental protection according to the provisions of the law;

d. Reporting annually to the Ministry of Natural Resources and Environment on the situation of managing and exploiting marine and island resources under their jurisdiction.

Article 29. Responsibilities of People's Committees of Coastal Provinces

1. Managing marine and island resources and protecting the marine and island environment within their jurisdiction and according to the administrative division levels.

2. Evaluating the socio-economic potential, exploitation, and utilization of marine and island areas under their management; statistically categorizing and evaluating marine and island resources, archipelagos, and submerged reefs managed by localities.

3. Investigating, assessing, and controlling pollution and degradation of the marine and island environment from sources generated by marine and island exploitation and utilization activities and marine accidents or natural disasters within their management area.

4. Promoting awareness of territorial sovereignty protection and the protection of marine and island resources and the environment.

5. Reporting annually to the Ministry of Natural Resources and Environment on the situation of managing, exploiting, and utilizing marine and island resources and protecting the marine environment of their province.

Chapter 5.

IMPLEMENTING PROVISIONS

Article 30. Effective Date

1. This Decree shall take effect from May 1, 2009.

2. The Minister of Natural Resources and Environment shall be responsible for guiding and supervising the implementation of this Decree.

3. Ministers, heads of agencies at the ministerial level, heads of government agencies, and chairpersons of people's committees of coastal provinces shall be responsible for implementing this Decree.