Circular No. 28/2012/TT-BTNMT stipulates the contents and reporting regime for the situation of managing basic investigation activities, exploitation, utilization of resources, and environmental protection of the sea and islands.

CIRCULAR

Regulations on the contents and reporting system for the situation of managing basic survey activities,

exploiting, using natural resources and protecting the marine and island environment

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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 8, 2010 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 comprehensive management of natural resources and protection of the marine and island environment;

Pursuant to Decree No. 102/2008/NĐ-CP dated September 15, 2008 of the Government on data collection, management, exploitation, and utilization regarding natural resources and the environment;

The Minister of Natural Resources and Environment promulgates this Circular stipulating the contents and reporting system for the situation of managing basic survey activities, exploiting, using natural resources and protecting the marine and island environment.

Article 1. Scope of Regulation

This Circular stipulates the contents and reporting system for the situation of managing basic survey activities, exploiting, using natural resources and protecting the marine and island environment.

Article 2. Applicability

1. Ministries and sectors related to the management and implementation of basic survey activities, exploitation, use of natural resources and protection of the marine and island environment (hereinafter referred to collectively as ministries and sectors).

2. People's Committees of coastal provinces and centrally governed cities (hereinafter referred to collectively as provincial-level People's Committees).

3. Other organizations involved in compiling reports on the situation of managing basic survey activities, exploitation, use of natural resources and protection of the marine and island environment.

Article 3. Report on the situation of managing basic survey activities, exploitation, use of natural resources and protection of the marine and island environment

1. The report on the situation of managing basic survey activities, exploitation, use of natural resources and protection of the marine and island environment includes the Report of the ministries and sectors and the Report of the provincial-level People's Committees (compiled according to Appendix No. 01 attached to this Circular).

2. The content of the report must reflect the current status of the issue being reported, the results of implementation, advantages, difficulties and obstacles encountered, causes, proposals and recommendations for solutions to overcome these issues. Proposals and recommendations must be based on practical grounds and have feasibility.

3. Responsibility for compiling the report

a) Ministries and sectors specified in Clause 1 of Article 2 of this Circular shall be responsible for compiling the report on the situation of managing basic survey activities, exploitation, use of natural resources and protection of the marine and island environment within their assigned scope of management;

b) Provincial-level People's Committees shall be responsible for reporting on the situation of managing basic survey activities, exploitation, use of natural resources and protection of the marine and island environment within their administrative jurisdiction.

Article 4. Content of the report of ministries and sectors

1. Overview of the situation of managing basic survey activities, exploitation, use of natural resources and protection of the marine and island environment.

2. Implementation results

a) Reviewing, drafting, promulgating, enforcing, and inspecting legal documents on exploitation, use of natural resources and protection of the marine and island environment: Clearly state the names and number of legal documents promulgated in the year and the implementation status of these documents, any contradictions with other legal documents;

b) Programs and plans for basic surveys, exploitation, use of natural resources and protection of the marine and island environment: Clearly state the implementation status of programs and plans for basic surveys, exploitation, and use of marine and island resources under the management of the ministry or sector; any contradictions discovered during the implementation of these programs and plans;

c) Management of basic survey activities on marine and island resources and environment: Clearly state the management status of basic survey activities on marine and island resources under the management of the ministry or sector; the subjects, content, survey areas, budget, and results of basic surveys conducted in the reporting year (compiled according to Appendix No. 02 attached to this Circular);

d) Management of exploitation and use of marine and island resources: Clearly state the management status of exploitation and use of types of resources within the assigned scope of management; the number of permits issued up to the reporting date, any contradictions arising during the management process between different sectors in the exploitation and use of marine and island resources (compiled according to Appendix No. 03 attached to this Circular);

đ) Protection of the marine and island environment: Policies related to environmental protection activities within the ministry or sector that have been issued; results of preventive, blocking, and control measures against marine and island pollution; monitoring and warning of environmental incidents; coordination and guidance provided to provincial-level People's Committees in organizing the management and protection of coastlines in accordance with the law; any contradictions discovered during the implementation process;

e) International cooperation on marine and island affairs: Specifically state the number of international cooperation programs implemented in the reporting year; international conventions and treaties signed and the results of their implementation.

3. Recommendations and Suggestions:

a) Proposals for amending, supplementing, or issuing new legal documents within the assigned scope of management or related to the management of marine and island resources and environment;

b) Proposals for specific mechanisms to enforce management, inspection, and supervision of marine resource exploitation and environmental protection;

c) Proposals for forms and methods to attract resources to serve the management of basic surveys, exploitation, use of natural resources, and protection of the marine and island environment.

Article 5. Contents of the Report of the Provincial People's Committee

1. The content of the report on the situation of managing basic survey activities, exploitation, use of natural resources and protection of the marine and island environment by provincial-level People's Committees includes the issues stipulated in Article 4 of this Circular within the administrative jurisdiction under their management authority.

2. In addition to the contents of the report prescribed in Clause 1 of this Article, the report of the People's Committee of the province shall supplement the following issues:

a) Difficulties, obstacles, existing problems, inconsistencies, contradictions between related legal normative documents concerning the exploitation, utilization of marine and island resources, and environmental protection through practical management at the local level; results of implementing legal normative documents; conflicts and contradictions in activities of exploiting, utilizing marine and island resources and protecting the environment among different sectors and fields; and the impact of these conflicts and contradictions on basic investigation, exploitation, utilization, and protection of marine and environmental resources within the local area;

b) Practical difficulties and obstacles at the local level and proposals for appropriate and effective solutions;

Article 6. Reporting System

1. The reports on the management of marine and island resources and environmental protection by Ministries, sectors, and the People's Committee of the province shall be conducted annually. The reporting period runs from January 1 to December 31 of the reporting year. Reports must be submitted to the Ministry of Natural Resources and Environment no later than fifteen days after the end of the reporting period.

2. In addition to the regular reporting system prescribed in Clause 1 of this Article, Ministries, sectors, and the People's Committee of the province have the responsibility to submit ad hoc reports on the management, exploitation, utilization of marine and island resources, and environmental protection within their jurisdiction to competent state agencies as stipulated by law.

Article 7. Responsibilities of Reporting Agencies

1. To comply with the requirements regarding the content and reporting system as prescribed in this Circular.

2. To bear responsibility for the accuracy and honesty of data and information presented in the report. Data in the report must be regularly updated and reflect the latest figures at the time of reporting.

Article 8. Implementation organization

1. Departments, Centers, Institutes under the Ministry of Natural Resources and Environment shall be responsible for establishing and implementing the reporting system similar to that of the Ministries and sectors, submitting reports to the Vietnam Marine and Island Administration for consolidation.

2. The Vietnam Marine and Island Administration is the central unit responsible for consolidating the results of reports from Ministries, sectors, the People's Committee of the province, and units under the Ministry of Natural Resources and Environment.

3. Provincial Departments of Natural Resources and Environment along the central coast are the central units assisting the People's Committee of the province in consolidating and preparing reports.

Article 9. Effective Date

This Circular takes effect from February 18, 2013.

Ministries, sectors, and the People's Committee of the province are responsible for organizing the implementation of this Circular. Any difficulties encountered during implementation should be promptly reported to the Ministry of Natural Resources and Environment for study and appropriate amendments and supplements.