Decision No. 333/2004/QĐ-TTg On transferring Cat Ba National Park under the management of Hai Phong City

Pursuant to …;

Regarding the transfer of Cat Ba National Park to the management of Haiphong City

PRIME MINISTER

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

Pursuant to the Law on Forest Protection and Development dated August 12, 1991.

Pursuant to the Land Law dated July 14, 1993, the Law Amending and Supplementing Certain Provisions of the Land Law dated December 2, 1998, and the Law Amending and Supplementing Certain Provisions of the Land Law dated June 29, 2001.

Pursuant to Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government on the issuance of the Investment and Construction Management Regulation and Decree No. 12/2000/NĐ-CP dated May 5, 2000 of the Government amending and supplementing certain provisions of the Investment and Construction Management Regulation; Decree No. 07/2003/NĐ-CP dated January 30, 2003 amending and supplementing certain provisions of the Investment and Construction Management Regulation issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999 and Decree No. 12/2000/NĐ-CP dated May 5, 2000 of the Government.

Considering the proposal of the People's Committee of Haiphong City (memorandum No. 38/TT-UB dated October 1, 2002, letter No. 5358/CV-UB dated November 24, 2003, and letter No. 915/CV-UB dated March 3, 2004) and the opinion of the Ministry of Agriculture and Rural Development.

DECISION:

Article 1. Transfer Cat Ba National Park, currently under the management of the Ministry of Agriculture and Rural Development, to the management of the People's Committee of Haiphong City.

Article 2. In principle, agree to allow Haiphong City to prepare conditions and complete procedures to request UNESCO to recognize Cat Ba Archipelago as a World Biosphere Reserve (within the system of natural conservation areas in Vietnam), including the following main contents:

1. Name: Cat Ba Archipelago Biosphere Reserve.

2. Location and geographic coordinates:

- Geographic location: The Cat Ba Archipelago Biosphere Reserve is located in Cat Hai District, Haiphong City; to the north it borders Halong Bay, to the west it borders Cat Hai Island, to the east and south it borders the East Sea.

- Geographic coordinates: From 20⁰ 42' 40'' to 20⁰ 52'45'' North Latitude.

From 106⁰ 54' 11'' to 107⁰ 07' 05'' East Longitude.

3. Area: Total natural area is 26,240 hectares, of which:

- Island land area is 17,040 hectares.

- Marine water surface area is 9,200 hectares.

4. Functional zones:

- Core zone: There are two core zones. The southeastern core zone has 6,900 hectares (of which 5,300 hectares are island land and 1,600 hectares are marine area) and the northwestern core zone has 1,600 hectares (of which 1,200 hectares are island land and 400 hectares are marine area). These are areas that must be strictly managed and protected.

- Buffer zone: There are two buffer zones. The central buffer zone between the southeastern core zone (Viet Hai buffer zone) has 141 hectares and the adjacent buffer zone has 7,600 hectares (of which 4,800 hectares are island land and 2,800 hectares are marine area). This is an area with the function of harmonious development, respecting the current status, consistent with the conservation criteria of the core zone, so it must ensure limited development in this area.

- Transition zone: There are two transition zones. The northern transition zone (Gia Luan commune) has 1,300 hectares (of which 1,000 hectares are island land and 300 hectares are marine area) and the southern transition zone has 8,700 hectares (of which 4,500 hectares are island land and 4,200 hectares are marine area). The characteristic of this transition zone is that it is densely populated, currently living mainly from agriculture and fishing, so it focuses on encouraging community development, directing projects towards agricultural and rural development including aquaculture, attracting part of the population to shift to tourism services and training skilled workers for deep-sea fishing to develop the offshore fishing industry.

5. Objectives and tasks:

- Rationally exploit the great potential and resources of the Cat Ba Archipelago Biosphere Reserve, linked to environmental quality control and community benefits to achieve sustainable socio-economic development, particularly the development of the tourism and fisheries industries.

- Conserve the diversity of the ecosystem of the northeastern coastal islands of Vietnam and conserve genetic resources including rare and endemic species representative of the entire Cat Ba-Halong region; representative of the entire limestone island system of Vietnam in terms of ecology, landscape, and karst topography; protect and develop mangrove ecosystems, restore and develop coral and seagrass ecosystems.

6. Organizational structure:

Reorganize the management organization and staff of Cat Ba National Park to serve the management, conservation, and exploitation of the Cat Ba Archipelago Biosphere Reserve and Cat Ba National Park in accordance with the regulations of the State.

7. Capital investment:

The Cat Ba Archipelago Biosphere Reserve and Cat Ba National Park will be funded by the state budget according to current regulations (for natural conservation areas) and will accept financial assistance from countries, international organizations, and domestic sources to implement investment, construction, management, development, and exploitation activities of the Cat Ba Archipelago Biosphere Reserve and Cat Ba National Park in accordance with approved planning and plans.

Article 3The Ministry of Finance shall guide and inspect the recording of asset increases and decreases for the transfer of Cat Ba National Park in accordance with current regulations.

Article 4. The Ministry of Agriculture and Rural Development shall be responsible for:

- Transferring Cat Ba National Park to the management of the People's Committee of Haiphong City to unify its management with the Cat Ba Archipelago Biosphere Reserve.

- Guiding the People's Committee of Haiphong City to issue operational regulations and specific tasks of the Cat Ba Archipelago Biosphere Reserve and Cat Ba National Park in accordance with Decision No. 08/2001/QĐ-TTg dated January 11, 2001 of the Prime Minister on the issuance of management regulations for special-purpose forests, protective forests, and naturally produced production forests, and in accordance with relevant State regulations.

- Exercising State management functions over the Cat Ba Archipelago Biosphere Reserve and Cat Ba National Park in accordance with the law.

Article 5. This Decision shall take effect from the date of signing.

The Minister of Planning and Investment, the Minister of Agriculture and Rural Development, the Minister of Fisheries, the Minister of Finance, the Minister of Foreign Affairs, the Minister of Natural Resources and Environment, the Minister of Science and Technology, the Minister of National Defense, the Minister of Public Security, the Minister of Home Affairs, the Director of the General Department of Tourism, the Heads of relevant Ministries and sectors, and the Chairman of the People's Committee of Haiphong City shall be responsible for implementing this Decision./.