Circular No. 29/2016/TT-BTNMT on technical regulations for establishing coastal protection zones

CIRCULAR

Technical regulations for establishing coastal protection zones

Pursuant to the Law on Marine Resources, Environment, and Islands 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;

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;

At the proposal of the Director General of the Vietnam Marine and Island Administration, the Head of the Science and Technology Department, and the Head of the Legal Affairs Department;

The Minister of Natural Resources and Environment promulgates this Circular on technical regulations for establishing coastal protection zones.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates technical procedures for compiling the list of areas required to establish coastal protection zones; determining the width, boundaries of coastal protection zones; and boundary markers of coastal protection zones.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals related to the establishment of coastal protection zones.

Article 3. Explanation of Terms

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

1. Significant wave heightis the average height of the largest one-third of waves during the calculation period.

2. Wave roseis a diagram showing the frequency of wave heights in different directions at a given location in the sea.

3. Wave field mapis a map depicting wave direction, wave height, and wave period.

Chapter II

LIST OF AREAS

REQUIRED TO ESTABLISH COASTAL PROTECTION ZONES

Article 4. Collection and compilation of information and data for compiling the list of areas required to establish coastal protection zones

1. Collected information and data must meet the following requirements:

a) Must be obtained from officially recognized legal sources, ensuring reliability and accuracy;

b) Must be the most up-to-date as of the date of compiling the list of areas required to establish coastal protection zones.

2. Sources of information and data for compiling the list of areas required to establish coastal protection zones

b) Information and data from monitoring results of marine resources and environment from global, regional, national, and local monitoring systems;

c) Information and data provided by relevant ministries, departments, and agencies;

d) Information and data from monitoring results of integrated stations or marine resource and environmental monitoring stations of ministries, sectors, and localities; research and survey results for establishing coastal protection zones; outcomes of scientific research projects or topics at provincial, ministerial, and state levels that have been reviewed;

đ) Information and data from supplementary research, investigation, and surveys to serve the establishment of coastal protection zones.

3. Information and data to be collected and compiled include:

a) Information and data on natural conditions, natural resources, ecosystems, including geological, geomorphological, meteorological, hydrological, and marine conditions; potential and distribution of resource types; conservation areas and ecosystems;

b) Information and data on natural landscapes and cultural heritage, including information and data on historical-cultural relics, scenic spots, and landscape protection areas;

c) Information and data on socio-economic development plans, including national, sectoral, and local socio-economic development plans;

d) Information and data on current exploitation and utilization of coastal resources by marine economic sectors, including tourism, transportation, ports, oil and minerals, fisheries, and other resource exploitation and utilization activities; information and data on plans for exploiting and utilizing coastal resources by sectors and localities;

đ) Information and data on current environmental conditions and pollution risks, including information and data on the status of water, sediment, pollution, environmental incidents, and pollutant sources in coastal areas;

e) Information and data on disaster situations, trends, and risks, including coastline changes, erosion, accretion; scale and impact of strong winds (including typhoons, tropical depressions, monsoons, gusts, tornadoes, and other strong wind events, hereinafter referred to collectively as typhoons), flash floods, flooding, climate change, and rising sea levels on the coast; other types of natural disasters; information and data on measures to prevent, mitigate, and reduce damage caused by disasters to the coast and coastal protection structures;

g) Information and data from remote sensing or aerial photographs;

h) Other relevant information and data.

4. In cases where the information and data collected and compiled according to Clause 3 of this Article do not meet the requirements for compiling the list of areas required to establish coastal protection zones, on-site investigations and surveys must be conducted to supplement necessary information and data.

If the results of on-site investigations and surveys still do not suffice to compile the list of areas required to establish coastal protection zones, estimation based on existing recognized data must be used instead. When conducting estimations, assumptions and data sources must be clearly stated.

Article 5. Assessment of the current status of natural resources and environment in coastal areas

1. The current status of natural resources and environment in coastal areas must be assessed based on information and data collected and compiled in accordance with Article 4 of this Circular.

2. The assessment of the current status of natural resources and environment in coastal areas includes the following evaluations:

a) Characteristics of natural conditions, population, industry structure, socio-economic situation in the coastal area;

b) Distribution patterns and potential of natural resources in coastal areas;

c) Current state of ecosystems, value of ecosystem services, and natural scenery in coastal areas;

d) Characteristics and wave regime, and construction of wave field maps in accordance with Article 6 of this Circular;

đ) Water level fluctuations, storm surge levels according to Article 7 of this Circular;

e) Status of erosion and accretion in coastal areas; development trends, scope, and degree of impact of natural disasters, climate change, and sea-level rise on coastal areas;

g) Current status, demand for exploitation and utilization of natural resources in coastal areas; conflicts and disputes in the exploitation and utilization of natural resources in coastal areas.

3. The results of the assessment of the current status of natural resources and environment in coastal areas include:

a) A report on the assessment of the current status of natural resources and environment in coastal areas, prepared according to the model prescribed in Appendix 01 attached to this Circular;

b) A map of the current status of natural resources and environment in coastal areas showing the boundaries of various ecosystems, conservation areas, scenic and historical-cultural sites; areas affected by erosion or at risk of erosion, flooding; areas vulnerable to natural disasters, climate change, and sea-level rise; areas serving community interests, areas with high population density, and concentrated resource exploitation and utilization activities.

The map of the current status of natural resources and environment in coastal areas shall be prepared in accordance with current laws governing the preparation of thematic maps.

Article 6. Evaluation of characteristics and wave regime and construction of wave field maps

1. The evaluation of characteristics and wave regime and construction of wave field maps for the purpose of establishing a list of areas requiring establishment of coastal protection zones and determining the width of coastal protection zones includes the following tasks:

a) Evaluation of offshore wave regime;

b) Evaluation of nearshore wave regime;

c) Construction of wave field maps.

2. Evaluation of offshore wave regime

a) The evaluation of offshore wave regime must be based on actual measurement data or reanalyzed wave data from offshore wave models at depths greater than 20 meters over a period of at least 10 years;

b) Evaluation and determination of statistical characteristics of wave height and wave period, including minimum, average, and maximum values; drawing wave rose diagrams;

c) Calculation and determination of annual series of wave height and wave period data;

d) Calculation and determination of significant wave height and wave period corresponding to return periods of 1%, 2%, 5%, 10%, 50%, and 99.9%.

3. Evaluation of nearshore wave regime

a) The evaluation of nearshore wave regime is carried out based on the calculation of offshore wave propagation into nearshore waters through nearshore wave modeling according to the procedures specified in Article 24 of this Circular;

b) Nearshore wave characteristics are calculated at positions within nearshore waters up to the 20-meter depth contour, with a distance between adjacent positions not exceeding 300 meters;

c) Calculation and determination of nearshore wave height and wave period corresponding to return periods of 1%, 2%, 5%, 10%, 50%, and 99.9%.

4. Construction of wave field maps

Wave field maps are constructed for the nearshore waters of provinces and centrally-administered cities with coastlines based on the calculation and evaluation results of offshore and nearshore wave regimes as stipulated in Clause 2 and Clause 3 of this Article.

Article 7. Evaluation of coastal sea level fluctuations and storm-induced sea level rise

1. The evaluation of coastal sea level fluctuations and storm-induced sea level rise in the coastal waters of provinces and centrally governed cities with seacoasts must be based on information and data on sea levels, air pressure, and wind from existing meteorological, hydrological, and marine stations, as well as other sources of information and data as specified in Clause 2, Article 4 of this Circular.

2. Procedures for conducting the evaluation of sea level fluctuations and storm-induced sea level rise

a) Selecting locations and representative meteorological, hydrological, and marine stations for provinces and centrally governed cities with seacoasts to evaluate coastal sea level fluctuations and storm-induced sea level rise;

b) Evaluating coastal sea level fluctuations based on measurement data from the hydrological and marine stations identified according to the provisions of Point a of this Clause;

c) Evaluating storm-induced sea level rise based on measurement data of sea levels and results of astronomical tide predictions. In cases where there are no sea level measurement stations in the coastal waters of provinces and centrally governed cities with seacoasts, calculations of storm-induced sea level rise should be made based on data on wind and air pressure;

d) Using statistical analysis methods to determine storm-induced sea level rise frequencies of 1%, 2%, 5%, 10%, 50%, and 99.9%.

Article 8. Determination of areas requiring establishment of coastal protection zones

1. Based on the results of the current status assessment of resources and environment in the coastal zone as stipulated in Article 5 of this Circular, the following contents shall be carried out:

a) Assessing and proposing areas with ecosystems that need protection and areas that require maintenance of ecosystem service values and natural scenery;

b) Assessing and proposing areas subject to erosion or at risk of erosion, in conjunction with requirements to reduce the impact of coastal erosion and respond to climate change and rising sea levels;

c) Assessing and proposing areas in conjunction with requirements to ensure public access to the sea.

2. Proposing a draft list of areas requiring establishment of coastal protection zones based on the assessment results determined according to the provisions of Clause 1 of this Article.

Article 9. Assessment and proposal of areas with ecosystems that need protection and areas that require maintenance of ecosystem service values and natural scenery

1. Areas within the coastal zone are considered and evaluated regarding the need to protect ecosystems and maintain ecosystem service values and natural scenery according to the following criteria:

a) Possessing important natural ecosystems for the country, internationally, uniquely, or representing a natural ecosystem region;

b) Being the natural habitat of at least one species listed in the Priority Protected Species Catalogue;

c) Having special scientific and educational value;

d) Having unique natural beauty and environmental scenery with ecotourism value;

e) Having ecological factors playing a significant role in maintaining the balance and integrity of the ecosystem as stipulated in Point a of this Clause.

2. Areas meeting any of the criteria set forth in Clause 1 of this Article are considered and proposed for inclusion in the draft list of areas requiring establishment of coastal protection zones.

Article 10. Evaluation and proposal of areas at risk of coastal erosion, with the aim of reducing the impact of coastal erosion, responding to climate change, and rising sea levels.

Clause 1. Areas within the coastal zone shall be evaluated based on the following criteria for the purpose of reducing the impact of coastal erosion, responding to climate change, and rising sea levels:

Point a) The vulnerability level due to the impact of coastal erosion, climate change, and rising sea levels in the area. The value of this criterion is calculated using the formula below:

Where:

I_tt||| SI

SI_{9. Travel distance is the distance traveled without using mechanical means (cars, motorcycles, motorboats) to reach locations for implementing technical forest management measures and patrolling to protect forests.}where SI represents the vulnerability level due to the impact of coastal erosion, climate change, and rising sea levels;

n: number of component criteria.

Cj represents the value of the jth component criterion, determined according to the provisions in Appendix 02 issued together with this Circular;

2. Areas with a level of vulnerability due to coastal erosion, climate change, and rising sea levels, calculated according to the provisions of Point a, Clause 1, Article this, equal to or greater than 3, or areas at risk of coastal erosion assessed according to the provisions of Point b, Clause 1, Article this, shall be considered for inclusion in the draft List of areas required to establish coastal protection zones.

n represents the number of component criteria.

Point b) The risk of coastal erosion is assessed according to the experimental formulas specified in Appendix 03 issued together with this Circular.

Clause 2. Areas with a calculated vulnerability level due to the impact of coastal erosion, climate change, and rising sea levels, as stipulated in Point a, Clause 1 of this Article, greater than or equal to 3, or areas with a risk of coastal erosion assessed according to the provisions of Point b, Clause 1 of this Article, shall be considered and proposed for inclusion in the draft List of Areas Required to Establish Coastal Protection Zones.

Article 11. Evaluation and proposal of areas in relation to ensuring citizens' access to the sea.

Clause 1. Areas evaluated for the requirement of ensuring citizens' access to the sea must be based on the following factors:

Point a) Population density in the coastal land area;

d) The actual needs of people's access to the sea.

Point b) Current activities of resource exploitation and utilization by citizens (tourism, aquaculture, fishing, and other citizen activities) taking place in the coastal zone;

Article 12. Proposing the draft List of areas required to establish coastal protection zones

Point c) Number of citizens in the coastal land area whose livelihood directly depends on the sea;

2. The draft List of areas required to establish coastal protection zones includes contents as prescribed in Clause 2, Article 33 of Decree No. 40/2016/ND-CP dated May 15, 2016, of the Government detailing implementation of certain articles of the Law on marine resources, environment, and islands (hereinafter referred to as Decree No. 40/2016/ND-CP).

Point d) Current status and planning of construction projects in the area;

Point e) Actual needs of citizens to access the sea.

Chapter III

Clause 2. Based on the evaluation results determined according to the provisions of Clause 1 of this Article, areas shall be proposed for inclusion in the draft List of Areas Required to Establish Coastal Protection Zones.

Section 1

Article 12. Proposal of the draft List of Areas Required to Establish Coastal Protection Zones.

Article 13. Technical procedures for collecting, processing information and data to determine the width of the coastal protection zone

1. Collecting information and data.

2. Identifying characteristic cross-sections.

3. Building particle size distribution charts and determining the average diameter of sand-mud particles.

Article 14. Collection of information and data to determine the width of the coastal protection zone

1. Information and data for determining the width of the coastal protection zone include those specified in Clause 3, Article 4 of this Circular and the following information and data:

a) Wave and wind data;

b) Water level data;

c) Topographic data;

d) Flow rate and sediment transport data in the estuarine area along the coast;

đ) Particle size distribution data;

e) The scope and boundaries of ecosystems, historical and cultural relics, natural landscapes in the coastal area, and the boundaries of the coastal protection zone.

2. Information and data on waves, winds, water levels, flows, characteristic cross-section topography, and particle size distribution must be observed and measured on-site at the time of establishing the coastal protection zone, including:

a) For wave, wind, water level, flow factors, observation and measurement shall be conducted according to current legal regulations. The minimum observation and measurement period is 14 days, with the number of observation and measurement stations depending on existing information and data about wave, wind, water level, and flow factors during the preparation of the List of Areas Required to Establish Coastal Protection Zones; the necessity to supplement observations and measurements of these factors for areas required to establish coastal protection zones;

b) For characteristic cross-section topography and sediment samples, observation and measurement shall be conducted according to current legal regulations for each characteristic cross-section.

3. In addition to the information and data determined under Clause 2 of this Article, if the collected information and data for preparing the List of Areas Required to Establish Coastal Protection Zones do not meet the requirements for determining the width of the coastal protection zone, supplementary observation, measurement, and surveying from the field must be carried out.

If the results of supplementary observation, measurement, and surveying still do not suffice to determine the width of the coastal protection zone, calculations shall be based on recognized available information and data. When making estimates, assumptions and data sources must be clearly stated.

Article 15. Determination of characteristic cross-sections to determine the width of the coastal protection zone coastal protection zone

1. A characteristic cross-section is a cross-section perpendicular to the long-term high tide water level and is used for calculating and determining the width of the coastal protection zone.

2. The number and location of characteristic cross-sections of the area requiring determination of the coastal protection zone depend on the following factors:

a) Coastal morphology;

b) Geological and geomorphological conditions;

c) Ecosystems and natural landscapes;

d) Cultural and historical heritage.

3. The number of characteristic cross-sections of the area required to establish the coastal protection zone shall be determined according to the locations of characteristic cross-sections as stipulated in Clause 2 of this Article but shall not be less than three cross-sections at the start point, end point, and one point within the area required to establish the coastal protection zone.

Article 16. Construction of particle size distribution charts and determination of average sediment particle diameter

1. Based on the results of particle size analysis of sediment samples at representative cross-sections, construct particle size distribution charts in accordance with current technical regulations.

2. Determine the average sediment particle diameter (D₅₀) from the particle size distribution chart for each representative cross-section.₅₀) from the particle size distribution chart for each characteristic cross-section.

Section 2

Clause 2. Based on the evaluation results determined according to the provisions of Clause 1 of this Article, areas shall be proposed for inclusion in the draft List of Areas Required to Establish Coastal Protection Zones.

Article 17. Technical procedures for determining the width and boundaries of coastal protection zones

1. Calculate and determine distances to serve the purpose of determining the width of coastal protection zones at each representative cross-section, including:

a) The distance measured from the long-term high tide mark towards the mainland or island aimed at minimizing damage caused by coastal erosion, adapting to climate change, and rising sea levels, denoted as D_sl (hereinafter referred to collectively as the distance to minimize damage caused by coastal erosion, adapting to climate change, and rising sea levels);_sl(hereinafter collectively referred to as the distance to minimize damage from coastal erosion, respond to climate change, and rising sea levels);

b) The distance measured from the long-term high tide mark towards the mainland or island aimed at protecting ecosystems, maintaining the value of ecosystem services, and natural scenery in coastal areas, denoted as D_ec (hereinafter referred to collectively as the distance to protect ecosystems);_tháng(hereinafter collectively referred to as the distance to protect the ecosystem);

c) The distance measured from the long-term high tide mark towards the mainland or island aimed at ensuring public access to the sea, denoted as D_tc (hereinafter referred to collectively as the distance to ensure public access to the sea)._tc2. Determine the width of the coastal protection zone at each representative cross-section according to Clause 2, Article 37 of Decree No. 40/2016/NĐ-CP.

3. Determine the boundaries of the coastal protection zone according to Clause 3, Article 37 of Decree No. 40/2016/NĐ-CP.

3. Determining the boundaries of the coastal protection zone according to the provisions of Clause 3, Article 37 of Decree No. 40/2016/ND-CP.

Article 18. Determination of the distance to minimize damage caused by coastal erosion, adapting to climate change, and rising sea levels

1. The distance to minimize damage caused by coastal erosion, adapting to climate change, and rising sea levels is determined as the largest distance among the following distances:

a) The distance to minimize damage caused by coastal erosion;

b) The distance to prevent, combat, and minimize damage caused by flooding.

2. The distance to minimize damage caused by coastal erosion

a) In cases where coastal areas have sandy or muddy beaches with materials prone to erosion having a slope less than 1:6, calculating the distance to minimize damage caused by coastal erosion includes the distance of coastal erosion due to rising sea levels, the long-term coastal erosion distance, and the short-term coastal erosion distance, calculated using the following formula:

D_{Dsl = Dnbd + Ddh}: Distance to minimize damage caused by coastal erosion (m);_{: Coastal erosion distance due to rising sea levels (m), determined according to Article 19 of this Circular;}: Long-term coastal erosion distance (m), determined according to Article 20 of this Circular;_{: Short-term coastal erosion distance (m), determined according to Article 21 of this Circular;}: Long-term coastal erosion distance (m), determined according to Article 20 of this Circular;_ealth

Where:

D_{Dsl = Dnbd + Ddh}If the beach slope is greater than 1:6 under stable conditions or 1:10 under unstable conditions, the distance to minimize damage caused by coastal erosion must take into account geological stability factors, which are determined by adding the distance to minimize damage caused by coastal erosion specified herein and a minimum distance equal to 2.5 times the height of sand dunes or slopes measured from the top of sand dunes or slopes.

D_{: Coastal erosion distance due to rising sea levels (m), determined according to Article 19 of this Circular;}b) In cases where the coast has a cliff or a solid structure to protect the coastline, the distance to minimize damage caused by coastal erosion is determined as 0 m;

D_{: Short-term coastal erosion distance (m), determined according to Article 21 of this Circular;}In cases where the coast consists of mixed land and rock, the minimum distance to minimize damage caused by coastal erosion is 30 m measured from the natural vegetation cover towards the mainland.

D_ealth3. The distance to prevent, combat, and minimize damage caused by flooding due to climate change, rising sea levels is determined based on topographic data and sea level rise due to climate change, storms, and wave run-up, calculated using the following formula:

D_nl = H_SLR + H_storm + H_wave / tanβ

: Distance to prevent, combat, and minimize damage caused by coastal flooding (m);

: Sea level rise due to climate change (m), determined according to Clause 2, Article 19 of this Circular;

: Sea level rise due to storms (m), determined according to Article 22 of this Circular;

Where:

D_{: Sea level rise due to wave run-up (m), determined according to Article 23 of this Circular;}tanβ: Average slope of the area required to establish a coastal protection zone at the representative cross-section.

H_{: Coastal erosion distance due to rising sea levels (m), determined according to Article 19 of this Circular;}: sea level rise due to climate change (m), determined according to the provisions of Clause 2, Article 19 of this Circular;

H_{The Standing Office of the Council for International Cooperation on Non-Governmental Organizations (Vietnam Friendship Association) is the agency responsible for receiving registration dossiers, leading, and coordinating with member agencies of the Council to examine dossiers and return results of reviews of registration dossiers of foreign non-governmental organizations in Vietnam.}: sea level rise due to typhoons (m), determined according to the provisions of Article 22 of this Circular;

H_sl: sea level rise due to wave run-up (m), determined according to the provisions of Article 23 of this Circular;

tanβ: average slope of the area required to establish a coastal protection zone at the characteristic cross-section.

Article 19. Determining the distance of coastal erosion caused by sea level rise

1. The determination of the distance of coastal erosion caused by sea level rise shall be calculated based on the sea level rise due to climate change and the slope of the beach, determined according to the following formula:

Where:

D_{: Coastal erosion distance due to rising sea levels (m), determined according to Article 19 of this Circular;}: the distance of coastal erosion caused by sea level rise (m);

∆S: sea level rise due to climate change (m), determined according to Clause 2 of this Article;

tan g: the slope of the beach at the characteristic cross-section measured from the mean high tide line to depth d, determined according to Clause 3 of this Article.

2. The determination of the sea level rise due to climate change shall be taken from the average emission scenario (Scenario B2) published by the competent state agency closest to the time of establishing the coastal protection zone.

3. The depth d used for calculating the slope of the beach at the characteristic cross-section shall be determined according to the following formula:

Where:

H_{Average loan repayment period is 10 years;}: significant wave height (m);

d.1. Amount of taxable income in Vietnam:_{Average loan repayment period is 10 years;}: corresponding significant wave period (s);

g: acceleration due to gravity (9.81m/s²)²).

Article 20. Determining the long-term distance of coastal erosion

1. The determination of the long-term distance of coastal erosion shall be carried out in the following sequence:

a) Assessing the sediment transport balance in the area where the coastal protection zone needs to be established;

b) Determining the average annual erosion rate over the long term (R); in cases of accretion, the average annual erosion rate is taken as zero;

c) Determining the long-term distance of coastal erosion according to the following formula:

D_{: Short-term coastal erosion distance (m), determined according to Article 21 of this Circular;} = 50 x R

Where:

D_{: Short-term coastal erosion distance (m), determined according to Article 21 of this Circular;}: the long-term distance of coastal erosion (m);

R: the average annual erosion rate (m/year) determined according to Point c of this Clause.

2. The assessment of the sediment transport balance in the area where the coastal protection zone must be established includes the following contents:

a) Evaluating the sediment supply from natural processes and human activities in the area where the coastal protection zone must be established;

b) Evaluating the loss of sediment due to sand extraction, wind-blown sand, and saltation;

c) Evaluating lateral and longitudinal sediment transport;

d) Evaluating the degree of human impact on the sediment transport balance of the area, shoreline, and shoreline evolution.

3. The determination of the average annual erosion rate over the long term must be based on the results of evaluating the degree of human impact on the sediment transport balance of the area, shoreline, and shoreline evolution as stipulated in Clause 2 of this Article according to the following cases:

a) In cases where human activities have no impact or insignificant impact on the shoreline, the long-term trend of shoreline evolution shall be determined using remote sensing images, measurement data, and surveys provided that sufficient data is available for a minimum of five years as stipulated in Clause 4 of this Article;

b) In cases where human activities have an impact causing changes in the shoreline or no impact causing changes in the shoreline but insufficient remote sensing images, measurement data, and surveys, a simulation model of shoreline evolution shall be conducted. The use of the simulation model of shoreline evolution shall be determined according to Article 24 of this Circular.

4. The determination of the long-term trend of shoreline evolution using remote sensing images, measurement data, and surveys shall be carried out in the following sequence:

a) Determining the distance from the +03 m contour line to the mean high tide line on the characteristic cross-section corresponding to the times when shoreline data is available;

b) Representing the distance determined according to Point a of this Clause over time at each characteristic cross-section;

c) Evaluating and determining the trend of shoreline evolution at each characteristic cross-section.

Article 21. Determining the short-term coastal erosion distance

1. The short-term coastal erosion distance is determined corresponding to a frequency of 1% and is carried out according to the following methods:

a) Statistical analysis method when there is a minimum of 20 values for the coastal erosion distance at the characteristic cross-section before and after the occurrence of a typhoon;

b) Parameter empirical model method when there are from 10 to 20 values for the coastal erosion distance at the characteristic cross-section before and after the occurrence of a typhoon;

c) Lateral sediment transport model method caused by typhoons when there are fewer than 10 values for the coastal erosion distance at the characteristic cross-section before and after the occurrence of a typhoon.

2. The use of the statistical analysis method is implemented in the following sequence:

a) Determine the data series on the coastal erosion distance at the characteristic cross-section from measurement, field survey, and remote sensing images after eliminating the long-term trend of coastal erosion as specified in Article 20 of this Circular;

In cases where remote sensing images are used, adjustments must be made according to current technical regulations;

b) Determine the statistical model of the data series identified in Point a of this Clause;

c) Determine the short-term coastal erosion distance according to the following formula:

D_ealth = Z + D_°: Long-term coastal erosion distance (m), determined according to Article 20 of this Circular;_tb

Where:

D_ealth: short-term coastal erosion distance (m);

Z: parameter of the statistical model determined according to the provisions of Point b of this Clause with a 95% assurance level;

D_°: standard deviation of the statistical data series (m);

D_tb: average value of the statistical data series (m).

3. The use of the parameter empirical model method is implemented in the following sequence:

a) Determine the data series on the coastal erosion distance at the characteristic cross-section from measurement, field survey, and remote sensing images after eliminating the long-term trend of coastal erosion as specified in Article 20 of this Circular;

In cases where remote sensing images are used, adjustments must be made according to current technical regulations;

b) Determine the short-term coastal erosion distance according to the following formula:

D_ealth = A x E_R - C

Where:

D_ealth: short-term coastal erosion distance (m);

E_R: empirical parameter, having a value calculated according to the empirical formulas for assessing coastal erosion risk specified in Appendix 03 of this Circular corresponding to the correlation between D_ealth determined according to the above formula and the data series on the coastal erosion distance at the characteristic cross-section specified in Point a of this Clause being the best;

A, C: coefficients, having values determined from the data series on the coastal erosion distance at the characteristic cross-section according to the provisions of Point a of this Clause and the value D_ealth calculated according to the above formula.

4. The use of the lateral sediment transport model caused by typhoons is implemented according to the provisions of Article 24 of this Circular.

In cases where there are from 05 to 09 values for the coastal erosion distance at the characteristic cross-section before and after the occurrence of a typhoon, the calculation results from the model need to be compared with the results from the parameter empirical model method to determine the short-term coastal erosion distance.

Article 22. Determining the storm surge water level

The determination of the storm surge water level (H_{The Standing Office of the Council for International Cooperation on Non-Governmental Organizations (Vietnam Friendship Association) is the agency responsible for receiving registration dossiers, leading, and coordinating with member agencies of the Council to examine dossiers and return results of reviews of registration dossiers of foreign non-governmental organizations in Vietnam.}) in areas where a coastal protection buffer zone needs to be established is carried out according to the provisions of Article 7 of this Circular corresponding to a frequency of 2% and detailed for each characteristic cross-section.

Article 23. Determining the Sea Level Rise Due to Wave Runup

1. The determination of the sea level rise due to wave runup (H) shall be carried out in accordance with the following procedures:_sla) Determine the series of nearshore wave data from the results of assessing the characteristics and wave regime as prescribed in Article 6 of this Circular;

b) Calculate the value of wave runup corresponding to the determined nearshore wave data series in accordance with the provisions of Point a Clause 1 of this Article.

Procedure for calculating the value of wave runup as prescribed in Clause 2 of this Article;

c) Based on the calculated series of wave runup values as prescribed in Point b Clause 1 of this Article, apply statistical methods to calculate the wave runup value corresponding to a frequency of 2%.

2. The calculation of the wave runup value shall be carried out in accordance with the following procedures:

a) Use the semi-empirical formulas prescribed in Appendix 04 issued together with this Circular to calculate the wave runup value;

b) Conduct field measurements of wave runup;

c) Select the most suitable result based on the evaluation of the correlation between the calculated values according to the semi-empirical formulas and the field-measured wave runup values.

Article 24. Provisions on the Application of Models in Calculating and Determining Coastal Protection Zone Widths

1. On the basis of calculation requirements, model application conditions, and existing information and data for analysis and selection of models.

2. Model application procedure:

a) Prepare data for calculation;

b) Process topographic documents to establish the model;

c) Establish the computational domain and grid;

d) Set boundary conditions;

đ) Set initial conditions;

e) Establish basic model parameters;

g) Calibrate and determine the parameter set for the model;

h) Validate and assess the reliability of the model results;

i) Calculate and simulate according to scenarios;

k) Prepare a report on the calculation results.

3. The accuracy and suitability assessment of the model is conducted during calibration and determination of the parameter set for the model; validation and assessment of the reliability of the model results as prescribed in Points g and h Clause 2 of this Article shall be carried out in the following manner:

a) Visual assessment: carried out through comparing the measured data series and the calculated/simulated data series according to the model; comparing the synchronization between the two data series;

b) Calculate and determine the correlation degree between the measured data series and the calculated/simulated data series according to the model;

c) Calculate the model efficiency coefficient according to the following formula:

E: model efficiency coefficient;

Where:

N: length of the data series of features calculated/simulated in the model;

O: actual measured value of the feature calculated/simulated in the model;

: average value of the measured data series;

O_tbS: calculated/simulated values of the features.

d) Based on the results of visual assessment, quantitative assessment as prescribed in Points a, b, and c of this Clause; if the requirements are not met, the values of the parameters must be changed to calibrate and determine the parameter set for the model or validate and assess the reliability of the model results as prescribed in Points g and h Clause 2 of this Article.

Article 25. Determining the Distance to Protect the Ecosystem

1. The determination of the distance to protect the ecosystem (D) must be based on the following factors:

a) Characteristics, features, functions of the ecosystem, the values of ecosystem services, and natural scenery;_thángb) Geographic location, area, boundaries of the ecosystem to be protected.

2. Based on the factors prescribed in Clause 1 of this Article, the determination of the distance to protect the ecosystem shall be carried out in accordance with the following procedures:

a) Preliminarily determine the necessary distance to ensure prevention and mitigation of harmful impacts of resource exploitation and utilization activities on ecosystems, maintaining the value of ecosystem services and natural scenery in coastal areas;

b) Select competent experts knowledgeable about ecosystems, ecosystem service values, and coastal natural scenery with a suitable structure according to relevant professional fields;

c) Provide related information and data to the experts;

d) Seek expert opinions on the preliminary determined distance to protect the ecosystem at Point a of this Clause through questionnaires or organizing direct consultation meetings or other appropriate forms;

đ) Synthesize expert opinions and determine the distance to protect the ecosystem.

d) Seeking expert opinions on the distance to protect the ecosystem preliminarily determined in Point a of this Clause through questionnaires or organizing seminars to directly seek opinions or by other appropriate methods;

d) Synthesizing expert opinions and determining the distance to protect the ecosystem.

Article 26. Determining the distance to ensure citizens' access to the sea ||| The determination of the distance to ensure citizens' access to the sea (D) shall be carried out as follows:

||| 1. Preliminarily determine the necessary distance to ensure citizens' access to the sea based on the population density in coastal areas; the current status of citizens' resource exploitation and utilization activities (tourism, aquaculture, fishing, and other activities) occurring in the shoreline area; the number of citizens in coastal areas whose livelihoods directly depend on the sea; the current status and planning of construction projects in the area; and the practical needs of citizens to access the sea._tc||| 2. Solicit opinions from agencies, organizations, individuals, and community residents, and experts related to the distance to ensure citizens' access to the sea preliminarily determined under Point a of this Clause through questionnaires or by organizing meetings, seminars, or other appropriate forms.

||| 3. Compile opinions from agencies, organizations, individuals, and community residents, experts, and determine the distance to ensure citizens' access to the sea.

Article 27. Establishing a map showing the boundaries of the coastal protection corridor

||| 1. A map showing the boundaries of the coastal protection corridor shall be established in the National Reference System and National Coordinate System VN-2000.

||| 2. Mathematical basis: coordinate system, projection grid, plane control points, and elevation.

||| 3. The scale of the base map depends on the natural area size of the region where the coastal protection corridor must be established, selected to suit and facilitate the establishment, use, reproduction, and preservation work.

||| 4. The content elements of the base map used to establish a map showing the boundaries of the coastal protection corridor include relevant geographic base elements, administrative boundary lines, transportation, water systems, and important place names and landmarks with directional significance. Detailed content elements of the geographic base follow the current relevant laws.

||| 5. Special content:

||| a) The boundaries of the coastal protection corridor, overlapping geographic features within the boundaries of the coastal protection corridor must be fully depicted;

||| b) The outer boundary lines of the first protected zone of historical and cultural relics according to the law on cultural heritage; the landward boundary line of the coastal dike protection corridor according to the law on dikes (if applicable) must be shown on the map of the coastal protection corridor boundaries.

MARKERS OF THE COASTAL PROTECTION CORRIDOR BOUNDARIES

Article 28. Purpose and requirements for markers of the coastal protection corridor boundaries

Chapter IV

||| 1. Markers of the coastal protection corridor boundaries are used to identify the inner boundaries of the coastal protection corridor on-site.

||| 2. Markers of the coastal protection corridor boundaries must meet technical and aesthetic requirements.

Article 29. Specifications for markers of the coastal protection corridor boundaries

||| 1. Markers of the coastal protection corridor boundaries are made of concrete grade 300, reinforced with steel bars, ensuring durability and easy identification.

||| 2. Markers of the coastal protection corridor boundaries consist of the marker base and the marker body; the marker surface is attached with ceramic or iron tags, engraved with the marker number; the marker body is engraved with the inscription "MARKER OF CPOB".

||| 3. The dimensions of markers of the coastal protection corridor boundaries are specified in Appendix 05 issued together with this Circular.

||| 4. The marker number includes the abbreviated administrative name and the serial number of the marker, recorded on the marker surface according to the provisions of Appendix 05 issued together with this Circular, ensuring that there are no duplicate marker numbers within a province or centrally governed city with a coastline.

3. The dimensions of the boundary markers of the coastal protection zone specified in Appendix 05 issued together with this Circular.

4. Marker numbers include the abbreviated administrative name and the serial number of the boundary marker recorded on the marker according to the provisions of Appendix 05 issued together with this Circular, ensuring that within a province or centrally governed city with a coastline, there are no duplicate marker numbers.

Article 30. Distance between boundary markers on the ground

1. The distance between boundary markers ranges from 200 meters to 1000 meters depending on the coastline morphology and the topography of the area where the markers are set, and must ensure management requirements for boundaries.

2. In cases where the distance between boundary markers is less than 200 meters or more than 1000 meters, it must be explained in the description of the boundary marker setting file.

Article 31. Designing the position of markers on the map of the coastal protection zone boundary

1. The design of the position of markers on the map of the coastal protection zone boundary shall be carried out as follows:

a) Based on the map of the coastal protection zone boundary established and the distance between markers as stipulated in Articles 27 and 30 of this Circular, determine the number of coastal protection zone boundary markers;

b) Preliminarily determine the position of marker placement on the map ensuring the requirements stipulated in Clause 2 of this Article.

2. Determining and selecting the position of marker placement on the map must meet the following requirements:

a) Boundary markers are placed on the coastal protection zone boundary line. In cases where markers cannot be placed on the coastal protection zone boundary line, they should be placed on one side of the boundary line at a convenient, stable, and closest location to the boundary line;

b) When the coastal protection zone boundary line coincides with stable and easily recognizable geographical features such as roads, clearly describe the detailed characteristics of these geographical features in the boundary file and only place markers at both ends of these boundary sections;

c) At locations where the boundary line changes direction; places without or with few distinctive geographical features making it difficult to define the boundary; intersections of the boundary line with transportation systems, waterways, administrative boundaries of all levels; areas adjacent to residential zones with high risk of encroachment; places where disputes are likely to occur, boundary markers must be placed.

Article 32. Setting up boundary markers on the ground, preparing sketches and tables of marker positions, and adjusting the map of the coastal protection zone boundary

1. Before setting up boundary markers, a survey must be conducted to unify the determination of the position of coastal protection zone boundary markers on the ground.

2. Determining the position of marker placement on the ground must meet the following requirements:

a) Boundary markers are placed at positions designed on the map as stipulated in Article 31 of this Circular. In cases where markers cannot be placed at the designed positions, they should be placed at the most convenient, stable, and closest location to the boundary line, and the distance and direction from this position to the designed position must be clearly described and marked on the map;

b) Each position of marker placement on the ground must be determined based on at least three reference points (in cases of difficulty, at least two reference points must be selected). Reference points must be easily recognizable geographical features that can exist for a long time in reality.

The distance from the marker to the reference point must be measured directly on the ground with an accuracy of up to 1 meter.

3. Setting up coastal protection zone boundary markers

a) Coastal protection zone boundary markers are placed at positions determined on the ground as stipulated in Clause 2 of this Article;

b) Markers must be firmly fixed into the ground to ensure long-term existence, easy recognition, ease of use, and management. Markers must be erected vertically and securely, with the part above ground being 40 cm high, and the part with notes on the marker facing towards the sea and land or inside the island.

4. Preparing sketches and tables of marker positions and adjusting the map of the coastal protection zone boundary

a) After placing the markers, a sketch of the marker positions according to the model prescribed in Appendix No. 6 and a table of marker positions according to the provisions in Appendix No. 7 issued together with this Circular must be prepared;

b) Adjust the map of the coastal protection zone boundary for the positions of the markers placed on the ground and the corresponding coastal protection zone boundary.

Chapter V

IMPLEMENTING PROVISIONS

Article 33. Implementation Organization

2. Ministries, agencies equivalent to ministries, and government agencies within their functions, tasks, and authorities provide information and data as stipulated in Clause 3 of Article 4 and Clause 1 of Article 14 of this Circular, and other related information and data to provincial people's committees and centrally-administered city people's committees with coastlines to establish coastal protection zones.

3. Provincial people's committees and centrally-administered city people's committees with coastlines are responsible for allocating sufficient resources to ensure the establishment of coastal protection zones in accordance with the law.

Article 34. Effective Date

This Circular takes effect from November 28, 2016.

Article 35. Responsibility for Implementation

1. Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular.