Article 57 stipulates the procedures for issuing, reissuing, extending, amending, supplementing, and allowing the return of Submarine Disposal Permits. The procedure includes receiving applications, reviewing applications, submitting and processing applications, notifying and delivering results.
适用范围
Organizations and individuals requesting to issue, reissue, extend, amend, supplement, or return Submarine Disposal Permits
要点
- Application receipt shall be conducted at the Vietnam Marine and Island Administration or the Department of Natural Resources and Environment depending on the authority of the competent state management agency.
- The review period for applications shall not exceed 60 days for applications requesting issuance of permits, not more than 45 days for extension and return applications, not more than 30 days for amendment and supplementation applications, and not more than 15 days for reissue applications.
- After reviewing, the agency receiving the application shall submit the application to the competent state management agency within seven working days from when the organization or individual completes the corrections and improvements to the application.
- The competent state management agency shall examine and make decisions within seven working days from the date of receipt of the submitted application.
- The outcome of the application processing will be notified to the organization or individual who submitted the application to receive the result and fulfill related obligations.
🌐 本文件的社会影响
- To ensure transparency in the issuance of submarine disposal permits.
- To prevent and promptly address violations related to submarine disposal activities.
- To facilitate organizations and individuals in carrying out procedures related to submarine disposal activities.
❓ 常见问题
What is the duration of the application review period?
The review period for applications shall not exceed 60 days for applications requesting issuance of permits, not more than 45 days for extension and return applications, not more than 30 days for amendment and supplementation applications, and not more than 15 days for reissue applications.
Who is the agency responsible for receiving applications?
The Vietnam Marine and Island Administration or the Department of Natural Resources and Environment depending on the authority of the competent state management agency.
全文
DECREE
Detailed regulations on implementation of certain provisions of the Law on Natural Resources,
Marine Environment and Islands
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||| Based on the Law on Natural Resources, Marine Environment and Islands dated June 25, 2015;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP issued by the Government on June 19, 2015;
Detailed regulations on implementation of certain provisions of the Law on Natural Resources,
At the proposal of the Minister of Natural Resources and Environment;
and measures for implementationinternational Marine Environment and Islands.ngThis Decree stipulates detailed regulations on Article 11, Article 14, Article 22, Article 23, Article 25, Article 29, Article 36; Clause 1 of Article 40; Clause 3 of Article 54; Clause 2 of Article 58; Clause 4 of Article 60; Clause 3 of Article 76 of the Law on Natural Resources, Marine Environment and Islands, including:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
1. Establishing, reviewing, approving and implementing strategies for sustainable exploitation and utilization of resources, protection of marine and island environment.
2. Coastal zone range; establishing, reviewing, approving, adjusting comprehensive planning for sustainable exploitation and utilization of coastal resources; establishing, reviewing, approving, adjusting integrated management programs for coastal resources.
3. Priority programs for basic surveys of marine and island resources and environment.
4. Coastal protection zones; restrictions on activities within coastal protection zones.
5. Classification of islands.
6. Determination and announcement of restricted areas for priority rescue, disaster response, and emergency handling operations.
7. Issuance, reissuance, extension, amendment, supplementation, permission to return, revocation of permits for marine disposal; List of materials and substances allowed for marine disposal.
8. Coordination mechanisms among ministries, sectors, and localities in the integrated management of marine resources and environmental protection.
This Decree applies to agencies, organizations, and individuals involved in the integrated management of marine resources and environmental protection in Vietnam.
Article 2. Applicability
||| ESTABLISHING, REVIEWING, APPROVING AND IMPLEMENTING STRATEGIES
Chapter II
FOR SUSTAINABLE EXPLOITATION AND UTILIZATION OF RESOURCES,
PROTECTION OF MARINE AND ISLAND ENVIRONMENT
Article 3. Establishment of Strategies
1. The Ministry of Natural Resources and Environment shall be responsible for drafting the outline of the strategy and sending it for comments from relevant ministries, sectors, and People's Committees of provinces and centrally governed cities with coastlines (hereinafter referred to collectively as People's Committees of coastal provinces). The outline of the strategy shall include the following main contents:
a) The necessity, urgency, and practical significance of the strategy;
b) The bases for formulating the strategy;
c) The scope, period, and vision of the strategy;
d) The main orientations and contents of the strategy.
2. On the basis of opinions from the agencies specified in Clause 1 of this Article, the Ministry of Natural Resources and Environment shall be responsible for drafting the strategy proposal, soliciting comments on the draft strategy in accordance with Article 4 of this Decree; organizing strategic environmental assessment in accordance with laws on environmental protection.
Article 4. Solicitation of Opinions on Draft Strategy
a) Sending the draft strategy along with the explanatory report and the draft approval proposal for soliciting opinions from ministries, ministerial-level agencies, government agencies, and People's Committees of coastal provinces;
1. The Ministry of Natural Resources and Environment shall be responsible for:
b) Publicly publishing the full text of the draft approval proposal, draft strategy, and explanatory report on the Government's website, the Ministry of Natural Resources and Environment's website, and the websites of People's Committees of coastal provinces.
2. Agencies solicited for opinions on the draft strategy shall be responsible for responding in writing within thirty days from the date of receipt of the opinion solicitation document from the agency leading the strategy formulation.
People's Committees of coastal provinces shall be responsible for soliciting opinions from the community, organizations, and individuals related to the draft strategy in their respective jurisdictions; compiling and submitting the opinions to the Ministry of Natural Resources and Environment.
3. The Ministry of Natural Resources and Environment shall be responsible for incorporating, explaining the opinions of agencies, organizations, individuals, and the community; publicly publishing the report on incorporation and explanation on the Government's website, the Ministry of Natural Resources and Environment's website, and the websites of People's Committees of coastal provinces.
3. The Ministry of Natural Resources and Environment shall be responsible for incorporating and explaining opinions from relevant agencies, organizations, individuals, and coastal communities; publicly posting the report on incorporation and explanation on the Government's electronic information website, the Ministry of Natural Resources and Environment's website, and the People's Committees' websites of provinces with coasts.
Article 5. Strategic Assessment
1. The assessment dossier includes:
a) The document requesting strategic assessment;
b) Draft proposal for approval of the strategy;
c) Draft strategy and explanatory report;
d) Report on the results of assessing the environmental impact statement of the strategy in accordance with the law;
đ) Report consolidating feedback and explanations regarding opinions from relevant agencies, organizations, individuals, and community residents;
2. The review contents include:
a) Basis for developing the strategy;
b) Perspective, guiding principles, vision, and objectives of the strategy;
c) Suitability and feasibility of the strategy with requirements for comprehensive resource management and marine and island environmental protection to ensure sustainable development.
3. The strategic assessment shall be conducted through an Assessment Council established by the Minister of Natural Resources and Environment, consisting of 01 Chairperson from the Ministry of Natural Resources and Environment, 01 Deputy Chairperson, 02 Review Members, 01 Secretary Member, and other members representing relevant ministries, sectors, and some experts and scientists.
4. Within thirty days from the date of establishment, the Assessment Council shall be responsible for organizing the assessment and submitting the assessment result report to the agency leading the strategy development for consideration and improvement of the draft strategy.
Article 6. Approval and Publication of Strategy
1. The Ministry of Natural Resources and Environment shall be responsible for completing the strategy dossier and submitting it to the Government for approval.
2. The dossier submitted to the Government for approval of the strategy includes:
a) Proposal for approval of the strategy;
b) Draft strategy and explanatory report;
c) Report on the results of strategic assessment;
d) Report on the results of assessing the environmental impact statement of the strategy in accordance with the law;
đ) Report consolidating feedback and explanations regarding opinions from the Assessment Council and relevant agencies, organizations, individuals, and community residents;
e) Draft Resolution of the Government on approval of the strategy.
3. Within thirty days from the date of Government approval of the strategy, the Ministry of Natural Resources and Environment shall be responsible for publishing the strategy and making it publicly available throughout the strategy period.
Article 7. Implementation of Strategy
1. The Ministry of Natural Resources and Environment shall lead and coordinate with ministries at the equivalent level and People's Committees of coastal provinces to organize and monitor the implementation of the strategy for sustainable exploitation and use of resources and environmental protection in marine and island areas.
2. Ministries, agencies at the equivalent level, and People's Committees of coastal provinces shall be responsible for reviewing and proposing amendments and supplements to sectoral and local strategies related to resource exploitation and use and environmental protection to align with the strategy for sustainable exploitation and use of resources and environmental protection in marine and island areas.
3. Every five years, the Ministry of Natural Resources and Environment shall be responsible for evaluating the implementation of the strategy and, if necessary, recommending the Government to adjust the strategy to ensure alignment with socio-economic development requirements.
Chapter III
SCOPE OF COASTAL ZONE; DEVELOPMENT, ASSESSMENT, APPROVAL, AND AMENDMENT OF COMPREHENSIVE PLANS FOR SUSTAINABLE EXPLOITATION AND USE OF COASTAL RESOURCES
DEVELOPMENT, ASSESSMENT, APPROVAL, AND AMENDMENT OF COMPREHENSIVE PLANS FOR SUSTAINABLE EXPLOITATION AND USE OF COASTAL RESOURCES
DEVELOPMENT, ASSESSMENT, APPROVAL, AND AMENDMENT OF OVERALL MANAGEMENT PLANS FOR COASTAL RESOURCES
SCOPE OF COASTAL ZONE; DEVELOPMENT, ASSESSMENT, APPROVAL, AND AMENDMENT OF OVERALL MANAGEMENT PLANS FOR COASTAL RESOURCES
Section 1
SCOPE OF COASTAL ZONE; DEVELOPMENT, ASSESSMENT, APPROVAL,
AMENDMENT OF COMPREHENSIVE PLANS FOR SUSTAINABLE EXPLOITATION,
USE OF COASTAL RESOURCES
Article 8. Scope of Coastal Zone
1. The coastal zone includes the territorial sea adjacent to the coast and the land adjacent to the sea.
2. The territorial sea adjacent to the coast has its inner boundary being the lowest astronomical tide line over many years (18.6 years) and its outer boundary being six nautical miles from the lowest astronomical tide line over many years, as determined and announced by the Ministry of Natural Resources and Environment.
3. The land adjacent to the sea includes communes, wards, and towns with seacoasts.
Article 9. Preparation of Comprehensive Planning for Sustainable Exploitation and Utilization of Coastal Resources
1. The Ministry of Natural Resources and Environment shall be responsible for drafting the Outline of the Plan and sending it to seek opinions from relevant ministries, sectors, and provincial People's Committees with seacoasts. The Outline of the Plan shall include the following main contents:
a) The necessity, urgency, and practical significance of the plan;
b) The bases for preparing the plan;
c) The scope, period, and vision of the plan;
d) Objectives, directions, and main contents of the plan.
2. Based on the opinions of the agencies specified in Clause 1 of this Article, the Ministry of Natural Resources and Environment shall be responsible for drafting the draft plan, seeking opinions from relevant agencies, communities, organizations, and individuals in accordance with Article 10 of this Decree; organizing strategic environmental assessment in accordance with laws on environmental protection.
Article 10. Seeking Opinions on Draft Comprehensive Planning for Sustainable Exploitation and Utilization of Coastal Resources
1. The Ministry of Natural Resources and Environment shall be responsible for sending the draft plan along with the explanatory report to seek opinions from ministries, ministerial-level agencies, government agencies, and provincial People's Committees with seacoasts, and to seek opinions from organizations, individuals, and communities related to the plan in accordance with Clause 1 of Article 30 of the Law on Marine Resources, Environment, and Islands.
2. Agencies receiving opinions on the draft plan shall be responsible for replying in writing within thirty days from the date of receipt of the opinion solicitation letter from the Ministry of Natural Resources and Environment.
Article 11. Review and Approval of the Plan
1. The review of the plan shall be carried out in accordance with the laws on planning.
2. Documents submitted to the Government for approval of the plan include:
a) Proposal for approval of the plan;
b) Draft plan and explanatory report;
c) Report on the results of the plan review;
d) Report on the results of assessing the environmental impact statement of the strategy in accordance with the law;
d) Report on the consolidation and explanation of opinions from relevant agencies, organizations, individuals, and communities;
e) Draft Resolution of the Government on approval of the plan.
Article 12. Adjustment of the Plan
The procedures for preparation, review, and approval of the plan adjustment shall be carried out similarly to those for preparation, review, and approval of the plan as stipulated in this Decree.
Section 2
PREPARATION, REVIEW, APPROVAL, ADJUSTMENT
PROGRAM FOR COMPREHENSIVE MANAGEMENT OF COASTAL RESOURCES
Article 13. Duration of the Program for Comprehensive Management of Coastal Resources
The duration of the program for comprehensive management of coastal resources shall be determined based on the objectives of the program and the issues that need to be resolved for comprehensive management.
Article 14. Preparation of the Program for Comprehensive Management of Coastal Resources
1. The Ministry of Natural Resources and Environment shall be responsible for drafting the Outline of the Program for Comprehensive Management of Coastal Resources with inter-provincial scope and sending it to seek opinions from relevant ministries, sectors, and provincial People's Committees with seacoasts.
2. Provincial People's Committees with seacoasts shall be responsible for drafting the Outline of the Program for Comprehensive Management of Coastal Resources within their province or centrally governed city and sending it to seek opinions from the Ministry of Natural Resources and Environment and relevant ministries and sectors.
3. The Outline of the Program shall include the following main contents:
a) The necessity, urgency, and practical significance of the program;
b) Principles and bases for preparing the program;
c) Objectives and duration of the program;
d) Scope and boundaries of the coastal area requiring the program;
e) Issues that need to be resolved for comprehensive management;
f) Main contents of the program and indicators for evaluating the implementation results of the program.
4. Based on the opinions received on the Outline of the Program, the agency in charge of preparing the program shall be responsible for drafting the draft program and seeking opinions from relevant agencies, communities, organizations, and individuals.
Article 15. Soliciting Opinions on the Comprehensive Management Program for Coastal Resources
1. For programs with a scope spanning provinces, the program-forming agency shall submit the draft program along with the explanatory report to solicit opinions from relevant ministries, sectors, and provincial People's Committees with coastal areas. For programs within the scope of a single province or centrally governed city, the program-forming agency shall submit the draft program along with the explanatory report to solicit opinions from relevant ministries and sectors.
2. The solicitation of opinions from organizations, individuals, and communities related to the program shall be carried out in accordance with the provisions of Clause 1, Article 37 of the Law on Marine and Island Resources and Environment.
3. The agencies solicited for their opinions on the draft program shall be responsible for responding within thirty days from the date of receipt of the opinion-solicitation document.
4. The main program-forming agency shall be responsible for compiling a comprehensive report incorporating feedback and explanations of the opinions contributed by agencies, organizations, individuals, and communities; such reports shall be publicly disclosed on the Government’s electronic information portal, the Ministry of Natural Resources and Environment’s website, and the websites of provincial People's Committees with coastal areas.
Article 16. Reviewing the Comprehensive Management Program for Coastal Resources
1. The assessment dossier includes:
a) The request for reviewing the program;
b) The draft program and the explanatory report;
c) The report summarizing the incorporation of opinions and explanations provided by relevant agencies, organizations, individuals, and communities.
2. The content of the program review includes:
a) The completeness of the file in terms of both form and content;
b) The appropriateness of the selected coastal area for the comprehensive management program in accordance with Clause 2, Article 34 of the Law on Marine and Island Resources and Environment;
c) The scientific and practical basis for selecting issues to address and their priority order in the comprehensive management; evaluation indicators for the program's implementation results;
d) Solutions and tasks for implementing the program;
e) Resources for implementing the program.
3. The program review shall be conducted through a review board established according to the following regulations:
a) The review board for the comprehensive management program for coastal resources with a scope spanning provinces shall be established by the Minister of Natural Resources and Environment, consisting of one Chairperson from the leadership of the Ministry of Natural Resources and Environment, one Deputy Chairperson, two opposing members, one secretary member, and other members representing relevant ministries, sectors, provincial People's Committees with coastal areas, and some experts and scientists;
b) The review board for the comprehensive management program for coastal resources within the scope of a single province or centrally governed city shall be established by the provincial People's Committee with coastal areas, consisting of one Chairperson from the leadership of the provincial People's Committee, one Deputy Chairperson, two opposing members, one secretary member, and other members representing relevant departments, bureaus, and district People's Committees, and some experts and scientists.
4. Within thirty days from the date of establishment, the review board shall be responsible for organizing the review and submitting the review result report to the main program-forming agency for incorporation and refinement of the draft program.
Article 17. Approval of the integrated management program for coastal resources
1. The approval dossier for the program includes:
a) The proposal to approve the program;
b) The draft program and the explanatory report;
c) Report on the results of the program's review;
d) Summary report on the incorporation of comments from the review council and opinions of relevant agencies, organizations, individuals, and local communities regarding the draft program;
đ) Draft Decision approving the program.
2. Authority to approve and adjust the program
a) The Prime Minister approves and adjusts the integrated management program for coastal resources that spans multiple provinces;
b) The People's Committee of a province with a coastline approves and adjusts the integrated management program for coastal resources within its jurisdiction after obtaining the written opinion of the Ministry of Natural Resources and Environment. Within five working days from the date of approval, the People's Committee of a province with a coastline shall send the Decision approving the program to the Ministry of Natural Resources and Environment for monitoring and inspection.
Article 18. Evaluation of the implementation of the integrated management program for coastal resources
1. Upon completion of the program, the agency submitting the program for approval must organize an evaluation of the program's implementation results.
2. The evaluation contents include:
a) The process of implementing the integrated management program;
b) Achievements compared to objectives and performance indicators set out in the program; existing issues, shortcomings, and their causes;
c) Positive impacts of the implementation of the integrated management program for coastal resources on the economy, society, national defense, security, and coastal resources and environment;
d) Contents requiring adjustment or further implementation in the subsequent integrated management program for coastal resources.
Article 19. Adjustment of the integrated management program for coastal resources
1. The integrated management program for coastal resources is adjusted when there is a change in one of the bases for establishing the integrated management program for coastal resources as stipulated in Clause 2, Article 35 of the Law on Marine and Island Resources and Environment, which alters the approved program's objectives and content.
2. When adjusting the program, the main agency must evaluate the program's implementation according to the provisions of Clause 2, Article 18 of this Decree.
3. The procedures for drafting, reviewing, and approving adjustments to the program are carried out similarly to those for drafting, reviewing, and approving the program as prescribed in this Decree.
Chapter IV
KEY PROGRAM FOR BASIC INVESTIGATION
OF MARINE AND ISLAND RESOURCES AND ENVIRONMENT
Article 20. Principles and bases for building the program
1. Principles for building the program
a) Consistent with the strategy for sustainable exploitation and utilization of marine and island resources and environmental protection;
b) Ensuring continuity; incorporating scientific and technological advancements in basic investigations of marine and island resources and environment;
c) Ensuring feasibility, consistent with the state's basic investigation capacity.
2. Bases for building the program
a) Strategy for sustainable exploitation and utilization of marine and island resources and environmental protection;
b) Requirements of comprehensive resource management and environmental protection of the sea and islands;
c) Potential of various types of marine and island resources; needs for basic investigation, exploitation, and utilization of marine and island resources and environment;
d) Environmental protection requirements, impacts of climate change and rising sea levels on marine and island resources and environment;
đ) Information and data from previous basic investigations of marine and island resources and environment.
Article 21. Requirements of the Program
The key program for basic surveys of marine and island resources and environment must meet the following requirements:
1. It must be suitable for providing information and data on marine and island resources and environment for management work, marine economic development, ensuring national sovereignty, defense, and security.
2. It must be based on inheriting information and data from previous basic survey activities and scientific research conducted in the proposed survey area; basic survey activities of marine and island resources and environment in a specific area must incorporate investigation content to ensure rationality.
3. It must determine the priority order in implementing basic survey activities of marine and island resources and environment according to the survey objects and areas, in line with the state's capacity to provide resources at each stage.
4. Enhance comprehensive management capabilities for marine resources and environmental protection; gradually strengthen material and equipment foundations serving basic survey work.
Article 22. Steps to Establish the Program
1. Propose projects, plans, and tasks to include in the program.
2. Consolidate, review projects, plans, and tasks, and draft the program.
3. Solicit opinions on the program draft.
4. Approve the program.
Article 23. Proposing Projects, Plans, and Tasks to Include in the Program
1. Ministries, ministerial-level agencies, government agencies, and provincial People's Committees with coastal areas propose projects, plans, and tasks to include in the key program for basic surveys of marine and island resources and environment according to the guidelines of the Ministry of Natural Resources and Environment.
2. Ministries, ministerial-level agencies, government agencies, and provincial People's Committees with coastal areas base their proposals on the basic survey needs of marine and island resources and environment for their sectors, fields, and localities, and the provisions of Clause 2, Article 13 of the Law on Marine and Island Resources and Environment, submitting proposal documents along with the project, plan, and task list and preliminary outline. These lists and outlines are prepared according to Model No. 01 and Model No. 02 specified in the Appendix of this Decree.
Article 24. Consolidating, Reviewing Projects, Plans, and Tasks and Drafting the Program
1. The Ministry of Natural Resources and Environment consolidates and reviews projects, plans, and tasks included in the program based on the principles, grounds, and requirements stipulated in Articles 20 and 21 of this Decree.
2. Based on the consolidation and review results, the Ministry of Natural Resources and Environment drafts the key program for basic surveys of marine and island resources and environment, including the following contents:
a) The guiding viewpoint and objectives of the program;
b) The scope and duration of the program;
c) The tasks of the program;
d) Solutions, human resources, budget estimates, and implementation schedule of the program;
đ) The list of projects, plans, and tasks of the program;
e) Implementation organization of the program.
Article 25. Soliciting Opinions on the Program Draft
1. The Ministry of Natural Resources and Environment is responsible for sending the program draft along with the explanatory report to solicit opinions from the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, and the Ministry of Science and Technology.
2. The Ministry of Natural Resources and Environment is responsible for consolidating, studying, explaining, and incorporating suggestions from the ministries specified in Clause 1 of this Article to perfect the program draft.
Article 26. Approval of the program
1. The Ministry of Natural Resources and Environment shall be responsible for submitting to the Prime Minister for approval of the program.
2. The dossier for submission to the Prime Minister for approval of the program includes:
a) The proposal to approve the program;
b) The draft program and the explanatory report;
c) Report on the summary of comments and explanations from relevant ministries;
d) Draft Decision on approval of the program.
Article 27. Establishment, approval, adjustment of projects, programs, tasks within the program; adjustment of the program
1. Ministries, ministerial-level agencies, government agencies, provincial People's Committees with marine areas shall base on the approved key program on basic investigation of marine resources and environment to organize the establishment, approval, and implementation of projects, programs, and tasks assigned under the program in accordance with the provisions of the law and this Decree.
2. Ministries, ministerial-level agencies, government agencies, provincial People's Committees with marine areas shall be responsible for establishing projects, programs, and tasks; sending written opinions of the Ministries of Planning and Investment, Finance, and related ministries and sectors; summarizing and incorporating comments and explanations from ministries and sectors to perfect the projects, programs, and tasks.
Projects, programs, and tasks within the program must obtain the opinion of the Ministry of Natural Resources and Environment before approval; after approval, they must be submitted to the Ministry of Natural Resources and Environment for consolidation and management.
3. During the implementation of approved projects, programs, and tasks, if adjustments are necessary due to objective reasons or marine risks, such adjustments shall be carried out according to the following regulations:
a) In cases where the content of the adjustment of projects, programs, and tasks does not change the objectives and products of the projects, programs, and tasks, the approving agency decides on the approval of the adjustment and submits the adjustment dossier to the Ministry of Natural Resources and Environment;
b) In cases where the content of the adjustment of projects, programs, and tasks changes the objectives and products of the projects, programs, and tasks, the projects, programs, and tasks must be implemented according to the procedures stipulated in Clause 2 of this Article.
4. Adjustment of the key program on basic investigation of marine resources and environment
a) The key program on basic investigation of marine resources and environment shall be adjusted when there is a change in one of the bases for establishing the program as stipulated in Clause 2 of Article 20 of this Decree, which alters the objectives, scope, and content of the approved program, or due to urgent requirements for economic and social development, national defense, and security;
b) The procedures for establishing and approving the adjustment of the program shall be carried out similarly to those for establishing and approving the program as stipulated in this Decree.
Article 28. Implementation of the program
1. The Ministry of Natural Resources and Environment shall be responsible for:
a) Organizing, monitoring, and inspecting the implementation of the key program on basic investigation of marine resources and environment that has been approved;
b) Organizing the evaluation of the program's implementation upon completion of the program or prior to its adjustment.
2. The Ministry of Finance shall take the lead and coordinate with the Ministry of Planning and Investment and the Ministry of Natural Resources and Environment to guide the management and use of state budget funds for implementing projects, programs, and tasks within the key program on basic investigation of marine resources and environment.
3. Ministries, ministerial-level agencies, government agencies, provincial People's Committees with marine areas shall be responsible for:
a) Organizing the establishment, approval, adjustment, and implementation of projects, programs, and tasks assigned within the key program on basic investigation of marine resources and environment;
b) Regularly submitting annual reports on the implementation of assigned projects, programs, and tasks to the Ministry of Natural Resources and Environment for consolidation and reporting to the Prime Minister;
c) Cooperating with the Ministry of Natural Resources and Environment in organizing, monitoring, and inspecting the implementation of the key program on basic investigation of marine resources and environment.
Article 29. Submission and retention of results from implementing key programs, projects, and tasks for basic surveys of marine resources and environment
1. The results of implementing key programs, projects, and tasks for basic surveys of marine resources and environment must be retained and submitted in accordance with the provisions of the law.
2. Within thirty days from the date of acceptance and approval completion of the project, proposal, or task, the organization implementing the project, proposal, or task shall be responsible for sending to the Ministry of Natural Resources and Environment the following documents:
a) Decision approving the results of the completed project, proposal, or task along with the Product List and Documentation;
b) Final report on the results of the project, proposal, or task and accompanying maps and documents, one printed copy on paper and one electronic backup copy.
Article 30. Evaluation of the Implementation of Key Programs for Basic Surveys of Marine Resources and Environment
1. When concluding the implementation of the program or before adjusting the program, the Ministry of Natural Resources and Environment shall be responsible for organizing the evaluation of the program's implementation results.
2. The evaluation contents include:
a) The process of implementing the program;
b) Achievements compared to set goals and requirements; existing issues and shortcomings and their causes;
c) Contributions of the program to economic and social development, national defense, and security;
d) Contents that need adjustment or further implementation in subsequent key programs for basic surveys of marine resources and environment.
Chapter V
PROTECTED ZONE FOR COASTAL PROTECTION AND LIMITATIONS ON ACTIVITIES THEREIN
LIMITATIONS ON ACTIVITIES IN THE PROTECTED ZONE FOR COASTAL PROTECTION
Article 31. Establishment of the List of Areas Requiring Coastal Protection Zones
1. Provincial People's Committees with coastal areas shall establish the List of Areas Requiring Coastal Protection Zones based on the principles for establishing coastal protection zones stipulated in Clause 2, Article 23 of the Law on Marine Resources and Environment and guidance from the Ministry of Natural Resources and Environment. The Department of Natural Resources and Environment shall assist the Provincial People's Committee in this task.
2. The establishment of the List of Areas Requiring Coastal Protection Zones shall be carried out in the following sequence:
a) Collecting, compiling, and evaluating current conditions of coastal resources and environment;
b) Identifying areas requiring the establishment of coastal protection zones;
c) Soliciting opinions from relevant agencies, organizations, individuals, and local communities regarding the draft List of Areas Requiring Coastal Protection Zones;
d) Approving the List of Areas Requiring Coastal Protection Zones.
Article 32. Collection, Compilation, and Evaluation of Current Conditions of Coastal Resources and Environment
1. The collection, compilation, and evaluation of current conditions of coastal resources and environment must be conducted based on updated information and data to provide comprehensive data for assessing distribution patterns, characteristics, potential, and current exploitation and utilization of coastal resources and environment.
2. The contents of collecting, compiling, and evaluating current conditions of coastal resources and environment include:
a) Natural conditions, natural resources, ecosystems;
b) Natural scenery, cultural heritage;
c) Development plans and socio-economic planning;
d) Current exploitation and utilization of resources;
e) Environmental conditions, environmental pollution risks;
f) Situation and risk of natural disasters;
g) Other related information and data.
Article 33. Determination of Areas for Establishing Coastal Protection Zones
1. Areas for establishing coastal protection zones must be determined and listed in a Catalogue.
2. The draft Catalogue of areas for establishing coastal protection zones shall include the following contents:
a) List of areas for establishing coastal protection zones;
b) Name, administrative boundaries, geographical location, and general description of each area;
c) Coordinates of two boundary points of areas for establishing coastal protection zones along the long-term average high tide waterline;
d) Purpose and requirements for establishing coastal protection zones in each area.
Article 34. Soliciting Opinions on the Draft Catalogue of Areas for Establishing Coastal Protection Zones from Relevant Authorities, Organizations, Individuals, and Communities
1. The draft Catalogue of areas for establishing coastal protection zones must solicit opinions from relevant ministries, sectors, authorities, organizations, individuals, and communities through meetings, written submissions, direct consultations, and public disclosure on the electronic information website of the Department of Natural Resources and Environment and the People's Committee of coastal provinces. The period for public disclosure on the electronic information website to solicit opinions shall be at least 45 days.
2. The draft Catalogue of areas for establishing coastal protection zones must be finalized based on the comments and suggestions from relevant authorities, organizations, individuals, and communities as stipulated in Clause 1 of this Article. The content of adopted suggestions and explanations must be publicly disclosed on the electronic information website of the Department of Natural Resources and Environment and the People's Committee of coastal provinces.
3. The People's Committee of coastal provinces has the responsibility to send a document soliciting the opinion of the Ministry of Natural Resources and Environment on the draft Catalogue of areas for establishing coastal protection zones before approval.
Article 35. Approval of the Catalogue of Areas for Establishing Coastal Protection Zones
1. The People's Committee of coastal provinces approves the Catalogue of areas for establishing coastal protection zones.
2. The Department of Natural Resources and Environment is responsible for submitting the Catalogue for approval to the People's Committee of coastal provinces. The submission package includes:
a) A proposal for approving the Catalogue of areas for establishing coastal protection zones;
b) The draft Decision on approval and the Catalogue of areas for establishing coastal protection zones;
c) A report on the adoption and explanation of comments from relevant authorities, organizations, individuals, and communities regarding the draft Catalogue;
d) Documents with comments and a summary table of comments from relevant authorities, organizations, individuals, and communities.
Article 36. Determination of the Long-Term Average High Tide Waterline
1. Based on monitoring data, measurements, and calculations of sea level fluctuations along the coast over the most recent 18.6-year period compared to the time of determining the long-term average high tide waterline, the Ministry of Natural Resources and Environment determines and announces characteristic tidal water levels in Vietnam's coastal areas.
2. Based on the characteristic tidal water levels in Vietnam's coastal areas announced by the Ministry of Natural Resources and Environment as stipulated in Clause 1 of this Article, the People's Committee of coastal provinces shall take the lead in determining and announcing the long-term average high tide waterline within their jurisdiction according to the guidelines of the Ministry of Natural Resources and Environment.
Article 37. Width and Boundaries of Coastal Protection Zones
1. The width of the coastal protection zone shall be determined on characteristic cross-sections to ensure the requirements and objectives for establishing the coastal protection zone and be consistent with the actual conditions of the area where the coastal protection zone is established.
2. The width of the coastal protection zone on a characteristic cross-section shall be determined as the greatest distance from the mean high water line to the following lines:
a) The line connecting the points with the highest calculated values to ensure the requirements and objectives for establishing the coastal protection zone as stipulated in Clause 1, Article 23 of the Law on Marine Resources, Environment, and Islands.
b) The outer boundary line of Zone I of historical and cultural relics according to the laws on cultural heritage.
c) The landward boundary line of the coastal dike protection zone according to the laws on dikes.
In cases where the greatest distance from the mean high water line to the lines specified in point a, b, and point c of this clause is less than 100 meters, the width of the coastal protection zone at that cross-section shall be determined as 100 meters; if the natural width of the area where the zone is established is less than 100 meters, the width of the coastal protection zone at that cross-section shall be determined as the natural width of the area where the zone is established.
In cases where the greatest distance from the mean high water line to the lines specified in point a, b, and point c of this clause exceeds the natural width of the area where the zone is established, the width of the coastal protection zone at that cross-section shall be determined as the natural width of the area where the coastal protection zone is established.
3. Boundaries of the Coastal Protection Zone
The outer boundary of the coastal protection zone is the mean high water line; the inner boundary of the coastal protection zone, facing inland or inside the island, is the line connecting the points with the distances determined to ensure the width of the coastal protection zone as prescribed in Clauses 1 and 2 of this Article.
Article 38. Soliciting Opinions on the Boundaries of the Coastal Protection Zone and Approving the Boundaries of the Coastal Protection Zone
1. The boundaries of the coastal protection zone must be solicited for opinions from relevant agencies, organizations, individuals, and local communities as stipulated in Article 34 of this Decree before being finalized for approval. The content of adopting and explaining opinions must be publicly disclosed on the website of the Department of Natural Resources and Environment and the People's Committee of the province with a coastline.
2. The People's Committee of the province with a coastline shall approve the boundaries of the coastal protection zone. The Department of Natural Resources and Environment shall be responsible for submitting to the People's Committee of the province with a coastline for approval of the boundaries of the coastal protection zone, including the following documents:
a) A proposal for approving the boundaries of the coastal protection zone;
b) A draft Decision approving the boundaries of the coastal protection zone;
c) A map showing the boundaries of the coastal protection zone accompanied by an explanatory report;
d) A report on the content of adopting and explaining the opinions of agencies, organizations, individuals, and local communities related to the boundaries of the coastal protection zone;
đ) Documents containing opinions and a summary table of opinions from agencies, organizations, individuals, and local communities related to the boundaries of the coastal protection zone.
Article 39. Announcing and Setting Boundary Markers for Coastal Protection Zones
1. Within twenty days from the date of approval of the boundaries of the coastal protection zone, the People's Committee of the province with a coastline shall organize the announcement of the coastal protection zone on mass media. The map showing the boundaries of the coastal protection zone must be publicly posted at the offices of the People's Committees of communes, wards, towns with coastlines where the coastal protection zones are established and in the areas of the established coastal protection zones.
2. Within sixty days from the date of approval of the boundaries of the coastal protection zone, the Department of Natural Resources and Environment shall be responsible for organizing the setting of boundary markers for the coastal protection zone.
Article 40. Adjusting the Boundaries of Coastal Protection Zones
1. The boundaries of the coastal protection zone shall be reviewed and adjusted in the following cases:
a) There is significant fluctuation in the long-term average high tide line in the area where the coastal protection zone is established;
b) Due to urgent requirements for national defense and security;
c) Due to natural disasters or force majeure situations where the established coastal protection zone does not meet the objectives and requirements stipulated in Clause 1, Article 23 of the Law on Marine Resources and Environment.
2. The adjustment of the boundaries of the coastal protection zone shall be carried out in accordance with the procedures for determining the boundaries of the coastal protection zone as prescribed in Articles 37 and 38 of this Decree.
Article 41. Restrictions on Activities within Coastal Protection Zones
1. Underground water extraction may only be conducted in emergency situations to serve disaster prevention and firefighting, environmental remediation, or underground water extraction for other purposes when there is no alternative water source available.
2. Land reclamation, sea encroachment, mineral exploration, and oil and gas exploration may only be carried out upon obtaining approval documentation from the Prime Minister.
3. Renovation of existing structures may only be carried out if it does not change the purpose of use, scale, structure, depth, or height of the existing structure, or if the renovation of the existing structure has a more positive impact on maintaining and protecting the coastal protection zone.
4. Production, business, and service activities that pose a risk of degrading the coastal ecosystem, reducing the value of ecosystem services, and natural scenery may only be carried out if measures have been taken to ensure they do not affect the requirements and objectives of establishing the coastal protection zone.
5. In addition to the above restrictions, the activities specified in Clauses 1 through 4 of this Article may only be carried out after being permitted by competent state management agencies in accordance with specialized laws.
Article 42. Responsibilities of Ministries and Equivalent Agencies in Establishing, Managing, and Protecting Coastal Protection Zones
1. The Ministry of Natural Resources and Environment shall be responsible for:
a) Issuing technical regulations for establishing coastal protection zones;
b) Directing and guiding localities to implement the establishment, management of coastal protection zones in accordance with this Decree;
c) Inspecting, auditing, and handling violations of laws related to the management of coastal protection zones.
2. Ministries and equivalent agencies within their assigned functions, tasks, and authorities shall be responsible for coordinating with the Ministry of Natural Resources and Environment and the People's Committees of provinces with coastlines in the establishment, management, and protection of coastal protection zones.
Article 43. Responsibilities of People's Committees at all levels in establishing, managing, and protecting coastal protection zones
1. The People's Committee of provinces with seacoasts shall be responsible for:
a) Directing and organizing the implementation of the establishment, public announcement, and management of coastal protection zones in accordance with the provisions of the Law on Marine Resources and Environment and this Decree; promoting and disseminating legal regulations on the management and protection of coastal protection zones;
b) Issuing regulations on the management and protection of coastal protection zones within their jurisdiction; promoting and educating the law on the management and protection of coastal protection zones;
c) Inspecting, supervising, and handling violations of laws on the management and protection of coastal protection zones within their jurisdiction.
2. The People's Committees of districts, towns under provincial administration, and equivalent administrative units with seacoasts shall be responsible for:
a) Implementing legal documents on the management and protection of coastal protection zones; promoting and disseminating legal regulations on the management and protection of coastal protection zones within their jurisdiction;
b) Implementing measures to protect unexploited resources within coastal protection zones in accordance with the law;
c) Participating in and coordinating the implementation of boundary markers for coastal protection zones within their jurisdiction;
d) Managing and protecting boundary markers for coastal protection zones; being responsible when encroachment or illegal use of land within the coastal protection zone occurs within their jurisdiction;
đ) Inspecting compliance with laws on the management and protection of coastal protection zones within their jurisdiction.
3. The People's Committees of communes, wards, and towns with seacoasts shall be responsible for:
a) Implementing legal documents on the management and protection of coastal protection zones; promoting and disseminating legal regulations on the management and protection of coastal protection zones;
b) Coordinating the implementation of boundary markers for coastal protection zones within their jurisdiction;
c) Protecting boundary markers for coastal protection zones; being responsible when encroachment or illegal use of land within the coastal protection zone occurs within their jurisdiction;
d) Inspecting compliance with laws on the management and protection of coastal protection zones within their jurisdiction.
Chapter VI
CLASSIFICATION OF ISLANDS AND CAYS
Article 44. Classification of islands and cays
Islands and cays are divided into two groups as follows:
1. Archipelagos, islands, tidal flats, and submerged reefs that must be protected and conserved.
2. Archipelagos, islands, tidal flats, and submerged reefs that can be exploited and utilized for resources.
Article 45. Criteria for Classifying Islands and Cays
1. Archipelagos, islands, tidal flats, and submerged reefs that must be protected and conserved as stipulated in Clause 1 of Article 44 of this Decree include archipelagos, islands, tidal flats, and submerged reefs that meet at least one of the following criteria:
a) They are national parks, national nature reserves, national wildlife habitat conservation areas, or national scenic protection areas as provided for by the law on biodiversity;
b) They are national monuments or special national monuments as provided for by the law on cultural heritage;
c) They are used to determine baseline points;
d) They are used for defense and security purposes.
2. Archipelagos, islands, tidal flats, and submerged reefs that can be exploited and utilized for resources as stipulated in Clause 2 of Article 44 of this Decree include archipelagos, islands, tidal flats, and submerged reefs not covered by Clause 1 of this Article.
Article 46. Establishment and Approval of the Classification List of Islands and Islets
1. The Ministry of Natural Resources and Environment shall take the lead and coordinate with ministries, ministerial-level agencies, and provincial People's Committees bordering the sea to establish and submit the Classification List of Islands and Islets for approval by the Prime Minister.
2. The draft Classification List of Islands and Islets must be solicited for opinions from relevant ministries, sectors, and provincial People's Committees bordering the sea before being submitted to the Prime Minister for consideration and approval.
3. The dossier for submission to the Prime Minister for approval of the Classification List of Islands and Islets includes:
a) A proposal for approval of the Classification List of Islands and Islets;
b) The draft Classification List of Islands and Islets and explanatory report;
c) Written comments from the agencies specified in Clause 2 of this Article, accompanied by a summary table explaining and incorporating the comments;
d) The draft Decision on approval of the Classification List of Islands and Islets.
Chapter VII
DETERMINATION AND ANNOUNCEMENT OF RESTRICTED ZONE FOR
PRIORITY TO RESCUE AND EMERGENCY RESPONSE OPERATIONS
Article 47. Restricted Zone
1. The restricted zone must be determined by the competent state agency.
2. The boundary area of the restricted zone shall be determined for each specific case according to the requirements of rescue, emergency response operations.
The position and boundary of the restricted zone must be depicted on nautical charts using both VN-2000 and WGS-84 coordinate systems, with accuracy up to 1/10 second. The depth of the restricted zone is the shallowest point within the area to be announced, measured in meters from the "zero" chart datum, with accuracy up to 1/10 meter.
3. The restricted zone is defined by straight lines connecting specific coordinate points and depicted on nautical charts at appropriate scales.
Article 48. Determination and Announcement of the Restricted Zone
1. The agency or person responsible for implementing rescue, emergency response operations shall submit a document requesting establishment of a restricted zone to prioritize such operations, along with a nautical chart showing the proposed restricted area, to the competent state agency for determination and announcement of the restricted zone in accordance with the law.
2. The competent state agency has the responsibility to determine and announce the restricted zone to prioritize rescue, emergency response operations. In cases where conditions for announcement are not met, it must respond in writing and specify the reasons.
3. Announcement of the Restricted Zone
a) The announcement of the restricted zone must be broadcast on television, radio, coastal information stations, and other suitable media in the Maritime Notice in accordance with international maritime customs;
b) The name of the restricted zone in the announcement must be taken from the name recorded on the nautical chart or in other published maritime documents. If the name is not recorded in these documents, the common name of the place should be used;
c) The language used in the announcement of the restricted zone is Vietnamese and English;
d) The announcement of the restricted zone must clearly state the effective date and expiration date of the announcement.
Chapter VIII
ISSUANCE, REISSUANCE, EXTENSION, AMENDMENT, SUPPLEMENTATION,
PERMITTING RETURN, REVOCATION OF LICENSE FOR SUBMERGING IN THE SEA; LIST OF MATERIALS,
SUBSTANCES PERMITTED TO BE SUBMERGED IN THE SEA
Article 49. Issuance of Submarine Disposal Permit
1. An organization or individual shall be considered for issuance of a Submarine Disposal Permit when meeting all of the following conditions:
a) The objects or substances to be disposed of meet the conditions stipulated in Clause 1, Article 58 of the Law on Marine Resources and Environment;
b) There is a disposal plan ensuring compliance with the requirements set forth in Clause 4, Article 57 of the Law on Marine Resources and Environment;
c) The marine area proposed for disposal is consistent with the marine use planning and the overall sustainable exploitation and utilization planning of coastal resources that have been approved by competent authorities.
In cases where there is no marine use planning or overall sustainable exploitation and utilization planning of coastal resources, the marine area proposed for disposal shall be considered based on an environmental impact assessment report approved by competent state agencies in accordance with laws on environmental protection.
2. The Submarine Disposal Permit includes the contents prescribed in Clause 1, Article 59 of the Law on Marine Resources and Environment, and shall be prepared according to Model No. 11 specified in the Appendix of this Decree.
3. A Submarine Disposal Permit shall not be issued within the marine areas where organizations or individuals are legally using for marine resource exploitation and utilization; or within restricted activity zones.
Article 50. Extension of Submarine Disposal Permit
1. A Submarine Disposal Permit may be extended if the permit's duration is insufficient to complete the permitted disposal activities and the organization or individual requests additional time to carry out such activities.
2. The extension of a Submarine Disposal Permit shall only be considered when the following requirements are met:
a) The Submarine Disposal Permit remains valid for at least 60 days;
b) The organization or individual conducts disposal activities in accordance with the contents of the Submarine Disposal Permit and has fully fulfilled their financial obligations as prescribed by law;
c) At the time of requesting the extension of the Submarine Disposal Permit, the organization or individual complies with the obligations stipulated in Clause 2, Article 61 of the Law on Marine Resources and Environment.
3. Approval of the extension shall be reflected in an extended Submarine Disposal Permit.
Article 51. Amendment and Supplement to Submarine Disposal Permit
1. A Submarine Disposal Permit may be amended or supplemented in the following cases:
a) There is a change in the name of the organization or individual authorized to dispose of objects or substances in the sea;
b) Changes in the scale of disposal; boundaries, area of the marine zone used for disposal; method of disposal; timing of disposal activities.
2. The amendment or supplement to a Submarine Disposal Permit shall only be considered when the following requirements are met:
a) The Submarine Disposal Permit remains valid for at least 45 days;
b) The organization or individual conducts disposal activities in accordance with the contents of the Submarine Disposal Permit and has fully fulfilled their financial obligations as prescribed by law;
c) At the time of requesting the amendment or supplement to the Submarine Disposal Permit, the organization or individual complies with the obligations stipulated in Clause 2, Article 61 of the Law on Marine Resources and Environment.
3. Approval of the amendment or supplement to a Submarine Disposal Permit shall be reflected in an amended or supplemented Submarine Disposal Permit. The validity period of the amended or supplemented Submarine Disposal Permit is the remaining validity period of the previously issued Submarine Disposal Permit.
Article 52. Return of the Submarine Disposal Permit
1. An organization or individual may return the Submarine Disposal Permit when there is no need to continue the submarine disposal activity.
2. The return of the Submarine Disposal Permit shall only be considered if the following requirements are met:
a) The Submarine Disposal Permit is still valid;
b) The organization or individual conducts disposal activities in accordance with the contents of the Submarine Disposal Permit and has fully fulfilled their financial obligations as prescribed by law;
c) At the time of requesting to return the Submarine Disposal Permit, the organization or individual has fulfilled their obligations as stipulated in Clause 2, Article 61 of the Law on Marine Resources, Environment, and Islands.
3. The approval for returning the Submarine Disposal Permit shall be expressed through a decision allowing the return of the Submarine Disposal Permit, which is established according to Model No. 12 prescribed in the Appendix of this Decree.
Article 53. Reissue of the Submarine Disposal Permit
1. The Submarine Disposal Permit shall be reconsidered for reissue in cases of damage, loss, or disappearance.
2. The reissue of the Submarine Disposal Permit shall only be considered if the following requirements are met:
a) The Submarine Disposal Permit remains valid for at least 30 days;
b) The organization or individual conducts disposal activities in accordance with the contents of the Submarine Disposal Permit and has fully fulfilled their financial obligations as prescribed by law;
c) At the time of requesting to reissue the Submarine Disposal Permit, the organization or individual has fulfilled their obligations as stipulated in Clause 2, Article 61 of the Law on Marine Resources, Environment, and Islands.
3. The reissue of the Submarine Disposal Permit shall be carried out by issuing a copy of the previously issued Submarine Disposal Permit.
Article 54. Documents for Application, Reissue, Extension, Amendment, Supplement, and Return of the Submarine Disposal Permit
1. The documents for application for the Submarine Disposal Permit include:
a) A request form for the Submarine Disposal Permit established according to Model No. 04 prescribed in the Appendix of this Decree;
b) A submarine disposal project established according to Model No. 03 prescribed in the Appendix of this Decree;
c) A copy accompanied by the original for comparison or a certified copy of the environmental impact assessment report approved by the competent state agency in accordance with the law;
d) A copy accompanied by the original for comparison or a certified copy of the business registration certificate (if it is a business entity);
đ) A map of the marine area proposed to be used for disposal established according to Model No. 09 prescribed in the Appendix of this Decree.
2. The documents for application for reissuance of the Submarine Disposal Permit include:
a) A request form for reissuance of the Submarine Disposal Permit, stating clearly the reasons for requesting reissuance established according to Model No. 05 prescribed in the Appendix of this Decree;
b) Report on the situation and results of submarine disposal activities; environmental protection work and compliance with legal obligations up to the time of requesting reissuance of the Submarine Disposal Permit.
3. The documents for application for extension of the Submarine Disposal Permit include:
a) A request form for extension of the Submarine Disposal Permit established according to Model No. 06 prescribed in the Appendix of this Decree;
b) The previously issued Submarine Disposal Permit;
c) Report on the situation and results of submarine disposal activities; environmental protection work and compliance with legal obligations up to the time of requesting extension.
4. Documents for returning the Submarine Disposal Permit:
a) A request form for returning the Submarine Disposal Permit established according to Model No. 07 prescribed in the Appendix of this Decree;
b) The previously issued Submarine Disposal Permit;
c) Report on the situation and results of submarine disposal activities; environmental protection work and compliance with legal obligations up to the time of requesting return.
5. The documents for application for amendment and supplementation of the Submarine Disposal Permit include:
a) A request form for amendment and supplementation of the Submarine Disposal Permit, stating clearly the reasons for requesting amendment and supplementation established according to Model No. 08 prescribed in the Appendix of this Decree;
b) The previously issued Submarine Disposal Permit;
c) Report on the situation and results of submarine disposal activities; environmental protection work and compliance with legal obligations up to the time of requesting amendment and supplementation of the Submarine Disposal Permit;
d) A copy accompanied by the original for comparison or a certified copy of the environmental impact assessment report approved by the competent state agency in accordance with the environmental protection law in case of requesting amendment and supplementation of the Submarine Disposal Permit due to changes in the scale of disposal; boundaries, area of the marine zone used for disposal; method of disposal;
đ) A copy accompanied by the original for comparison or a certified copy of the document proving that the organization or individual permitted to dispose at sea has changed its name in case of requesting amendment and supplementation of the Submarine Disposal Permit due to a change in name;
e) A map of the marine area in case of changes in boundaries, area of the marine zone proposed to be used for disposal established according to Model No. 09 prescribed in the Appendix of this Decree.
Article 55. Acceptance and issuance of results for processing applications for issuance, reissuance, extension, amendment, supplementation, and return of Marine Disposal Permits
1. Receiving agency:
a) The Vietnam Marine and Island Administration shall be the agency to receive applications for issuance, reissuance, extension, amendment, supplementation, and return of Marine Disposal Permits within the jurisdiction of the Ministry of Natural Resources and Environment;
b) The Department of Natural Resources and Environment shall be the agency to receive applications for issuance, reissuance, extension, amendment, supplementation, and return of Marine Disposal Permits within the jurisdiction of the People's Committee of coastal provinces.
2. Forms of acceptance and issuance of results for processing applications:
a) Applications for issuance, reissuance, extension, amendment, supplementation, and return of Marine Disposal Permits may be submitted directly or sent via postal service to the receiving agency as stipulated in Clause 1 of this Article;
b) Issuance of results for processing applications shall be conducted directly at the receiving agency or via postal service in accordance with the provisions of the law.
Article 56. Content of review of applications for issuance, reissuance, extension, amendment, supplementation, and return of Marine Disposal Permits
1. Completeness of the application in terms of form and content.
2. Compliance with the conditions prescribed in Clause 1 of Article 58 of the Law on Marine and Coastal Resources and Environment for objects and substances proposed to be disposed of in the sea.
3. Suitability of the marine area proposed for disposal with the marine use plan and the overall sustainable exploitation and utilization plan of coastal resources.
4. Suitability of the disposal plan to ensure the requirements prescribed in Clause 4 of Article 57 of the Law on Marine and Coastal Resources and Environment.
Article 57. Procedures for issuing, reissuing, extending, amending, supplementing, and allowing return of Marine Disposal Permits
1. Application acceptance procedures are as follows:
a) Organizations and individuals applying for issuance, reissuance, extension, amendment, supplementation, and return of Marine Disposal Permits submit two sets of applications to the receiving agency. In cases where applications are sent via postal service, the date of receipt of the application is the date the postal service delivers it to the receiving agency;
b) The receiving agency is responsible for checking the components and contents of the application. If the application complies with regulations, within no more than one working day from the date of receipt of the application, the receiving agency issues a receipt and schedule for processing the application according to Model No. 14 specified in the Appendix of this Decree. If the application does not comply with regulations, within no more than three working days from the date of receipt of the application, the receiving agency is responsible for guiding organizations and individuals once in writing to supplement and complete the application.
2. Review procedures for applications are as follows:
Within no more than 60 days for applications for issuance of Marine Disposal Permits; no more than 45 days for applications for extension and return of Marine Disposal Permits; no more than 30 days for applications for amendment and supplementation of Marine Disposal Permits; and no more than 15 days for applications for reissuance of Marine Disposal Permits from the date of issuance of the receipt for the application, the receiving agency is responsible for:
a) Completing the review of the application according to the contents prescribed in Article 56 of this Decree; the review conclusion must be documented in writing.
If necessary, the receiving agency sends a request for opinions from relevant agencies and conducts on-site inspections (the time for soliciting opinions and conducting on-site inspections is not included in the review period). Within no more than 20 days from the date of receipt of the opinion request, the agency requested to provide opinions is responsible for responding in writing to related issues;
b) Sending a written request for organizations and individuals to amend and complete the application according to the review conclusions when amendments are required.
3. Submission and resolution procedures for applications are as follows:
a) Within no more than seven working days from the date organizations and individuals have completed the amendment and completion of the application, the receiving agency is responsible for submitting the application to the competent state management agency authorized to issue Marine Disposal Permits;
b) Within no more than seven working days from the date the receiving agency submits the application, the competent state management agency authorized to issue Marine Disposal Permits examines and issues a decision on issuance, reissuance, extension, amendment, supplementation, and allowing return of Marine Disposal Permits. In case of no decision, a written response must be given to organizations and individuals with the reasons stated.
4. Notification and issuance of results
Within no more than three working days from the date of receipt of the result of the application processing from the competent state management agency authorized to issue Marine Disposal Permits, the receiving agency notifies organizations and individuals who have submitted the application to receive the result and fulfill related obligations as prescribed and sends the Marine Disposal Permit to relevant state management agencies.
Article 58. Revocation of Marine Disposal Permit
1. The Marine Disposal Permit shall be revoked in the following cases:
a) An organization or individual granted the Marine Disposal Permit abuses the disposal activity, affecting national defense, security, and national interests; disrupting maritime order and safety; seriously impacting lawful marine resource exploitation and utilization activities of other organizations and individuals;
b) Conducting disposal activities not in accordance with the contents of the Marine Disposal Permit, causing serious damage to resources, environmental pollution, degradation, and marine ecosystem; using the disposal activity for other purposes;
c) Within three months from the date specified in the Marine Disposal Permit for the commencement of disposal activities, if the organization or individual does not carry out such activities, except in cases of force majeure;
d) The marine area granted the Marine Disposal Permit is used to serve national defense, security, and national interests as prescribed by law, or declared by the competent authority as a restricted area;
đ) The organization or individual granted the Marine Disposal Permit is dissolved or declared bankrupt according to the provisions of the law.
2. The revocation of the Marine Disposal Permit as stipulated in points a, b, and c of Clause 1 of this Article shall be carried out as follows:
a) Within seven working days from the date of receipt of the conclusion of the competent state agency regarding the violation by the organization or individual granted the Marine Disposal Permit of the provisions set forth in points a, b, and c of Clause 1 of this Article, the agency prescribed in Clause 1 of Article 55 of this Decree shall have the responsibility to submit to the competent state management agency for a decision on the revocation of the Marine Disposal Permit;
b) Within ten days from the date of receipt of the proposal for the revocation of the permit, the competent state management agency shall examine and decide on the revocation of the Marine Disposal Permit;
c) Within three working days from the date the competent state management agency issues the decision to revoke the permit, the agency prescribed in Clause 1 of Article 55 of this Decree shall have the responsibility to send the decision to revoke the Marine Disposal Permit to the organization or individual and to relevant agencies.
3. The revocation of the Marine Disposal Permit as stipulated in points d and đ of Clause 1 of this Article shall be carried out as follows:
a) Within seven days from the date the competent authority announces that the marine area permitted for disposal is used to serve national defense, security, and national interests as prescribed by law, or declares it as a restricted area, or from the date the organization or individual granted the Marine Disposal Permit is dissolved or declared bankrupt, the agency prescribed in Clause 1 of Article 55 of this Decree shall have the responsibility to submit to the competent state management agency for a decision on the revocation of the Marine Disposal Permit;
b) Within ten days from the date of receipt of the proposal for the revocation of the Marine Disposal Permit, the competent state management agency shall issue a decision to revoke the Marine Disposal Permit;
c) Within three working days from the date the competent state management agency issues the decision to revoke the Marine Disposal Permit, the agency prescribed in Clause 1 of Article 55 of this Decree shall have the responsibility to send the decision to revoke the permit to the organization or individual and relevant state management agencies.
4. The revocation of the Marine Disposal Permit shall be evidenced by a decision established according to Model No. 13 prescribed in the Appendix of this Decree.
5. In the case where the Marine Disposal Permit is revoked as stipulated in point d of Clause 1 of this Article, the organization or individual granted the Marine Disposal Permit shall be supported and compensated according to the provisions of the law.
Article 59. Termination of Effectiveness of Marine Disposal Permit
1. The marine disposal permit shall terminate its effectiveness in any of the following cases:
a) The marine disposal permit is revoked;
b) The marine disposal permit expires;
c) The marine disposal permit is allowed to be returned.
2. When the marine disposal permit terminates its effectiveness as prescribed in Clause 1 of this Article, the organization or individual granted the marine disposal permit shall be responsible for handling the facilities and equipment serving the disposal activities and report the results of implementation to the competent state management agency for inspection.
The agency specified in Clause 1 of Article 55 of this Decree shall be responsible for notifying the termination of effectiveness of the marine disposal permit to relevant state management agencies.
Article 60. List of Materials and Substances for Marine Disposal
The list of materials and substances for marine disposal includes:
1. Dredged material.
2. Sludge.
3. Waste from aquatic products or waste generated from aquaculture activities.
4. Ships, floating platforms, or artificial structures at sea.
5. Inert geological materials and inorganic substances.
6. Organic substances of natural origin.
7. Large objects mainly composed of iron, steel, concrete, and similar non-hazardous materials that cannot be handled better under specific conditions than by marine disposal.
8. Carbon dioxide (CO2) captured and stored.
Chapter IX
MECHANISM FOR COORDINATION IN COMPREHENSIVE MANAGEMENT OF RESOURCES AND ENVIRONMENTAL PROTECTION OF THE SEA AND ISLANDS
AND PROTECT THE ENVIRONMENT OF COASTS AND ISLANDS
Article 61. Purpose of Coordination
1. Establish a synchronized coordination mechanism between levels and sectors from central to local in comprehensive resource management and environmental protection of the sea and islands.
2. Enhance the responsibility for coordination among ministries, sectors, related agencies, organizations, and provincial people's committees with coastal areas; strengthen the effectiveness of comprehensive resource management and environmental protection of the sea and islands.
3. Enhance the efficiency of rational and economical exploitation and utilization of resources and environmental protection of the sea and islands, ensuring sustainable development.
Article 62. Coordination in Building and Enforcing Laws on Comprehensive Resource Management and Environmental Protection of the Sea and Islands
1. The Ministry of Natural Resources and Environment shall be responsible for:
a) Drafting the annual and long-term program for building regulatory legal documents on comprehensive resource management and environmental protection of the sea and islands, and organizing the implementation of the program after approval;
b) Reviewing and inspecting the implementation of regulatory legal documents on comprehensive resource management and environmental protection of the sea and islands; monitoring the enforcement of laws on comprehensive resource management and environmental protection of the sea and islands.
2. The Ministry of Justice shall be responsible for:
a) Take the lead and coordinate with the Ministry of Natural Resources and Environment to draft the annual and long-term program for building regulatory legal documents on comprehensive resource management and environmental protection of the sea and islands within the authority to promulgate of the National Assembly and the Standing Committee of the National Assembly;
b) Coordinate with the Ministry of Natural Resources and Environment in reviewing and inspecting regulatory legal documents on comprehensive resource management and environmental protection of the sea and islands; monitoring the enforcement of laws on comprehensive resource management and environmental protection of the sea and islands.
3. The Ministry of Public Security and the Ministry of Defense shall be responsible for:
Organizing and directing activities to prevent and combat crimes and violations of laws on resources and the environment of the sea and islands within their functions, tasks, and powers.
4. Relevant ministries and sectors shall be responsible for:
a) Participating in drafting regulatory legal documents on comprehensive resource management and environmental protection of the sea and islands;
b) Proposing and recommending the Ministry of Natural Resources and Environment to amend, supplement, or issue new regulatory legal documents on comprehensive resource management and environmental protection of the sea and islands;
c) Coordinating with the Ministry of Natural Resources and Environment to monitor the enforcement of laws on comprehensive resource management and environmental protection of the sea and islands.
5. Provincial People's Committees with coastal areas shall be responsible for:
a) Proposing and recommending the Ministry of Natural Resources and Environment to amend, supplement, or issue new regulatory legal documents on comprehensive resource management and environmental protection of the sea and islands annually and over the long term;
b) Reviewing, summarizing, and reporting to the Ministry of Natural Resources and Environment on the implementation of regulatory legal documents on comprehensive resource management and environmental protection of the sea and islands.
Article 63. Coordination in drafting and implementing strategies for sustainable exploitation and utilization of resources, environmental protection of seas and islands; planning and plans for sea use; overall planning for sustainable exploitation and utilization of coastal resources; comprehensive management programs for coastal resources
1. The Ministry of Natural Resources and Environment shall be responsible for leading and coordinating with relevant ministries and sectors:
a) Conducting general surveys and assessments of natural conditions, socio-economic conditions, environment, resource potential, current status of exploitation and utilization of coastal resources, marine areas and islands; forecasting trends in resource and environmental changes, impacts of climate change and rising sea levels on coastal resources, marine areas and islands; demands for resource exploitation and utilization and requirements for environmental protection in coastal areas, marine areas and islands;
b) Determining objectives and directions for basic investigations, scientific research, international cooperation, sustainable exploitation and utilization of resources, environmental protection in coastal areas, marine areas and islands; zoning for resource exploitation and utilization in coastal areas and marine areas;
c) Drafting, perfecting, and submitting to the Government for approval the strategy for sustainable exploitation and utilization of resources and environmental protection of seas and islands;
d) Drafting, perfecting, and submitting to the Government for approval the planning and plans for sea use; overall planning for sustainable exploitation and utilization of coastal resources nationwide;
đ) Drafting, perfecting, and submitting to the Prime Minister for approval comprehensive management programs for coastal resources with inter-provincial scope;
e) Providing relevant ministries, sectors, and coastal localities with information on the strategy for sustainable exploitation and utilization of resources and environmental protection of seas and islands; planning and plans for sea use; overall planning for sustainable exploitation and utilization of coastal resources nationwide; comprehensive management programs for coastal resources with inter-provincial scope;
g) Monitoring and supervising the implementation of the strategy for sustainable exploitation and utilization of resources and environmental protection of seas and islands; planning and plans for sea use; overall planning for sustainable exploitation and utilization of coastal resources nationwide; comprehensive management programs for coastal resources with inter-provincial scope;
2. Relevant ministries and sectors shall be responsible for:
a) Providing the Ministry of Natural Resources and Environment with information and data on their respective fields as stipulated in Clauses 3, 4, 5, 6, 7, 8, 9, and 10 of this Article;
b) Participating in providing opinions on draft strategies for sustainable exploitation and utilization of resources and environmental protection of seas and islands; planning and plans for sea use; overall planning for sustainable exploitation and utilization of coastal resources; comprehensive management programs for coastal resources with inter-provincial scope;
c) Cooperating in monitoring the implementation of the strategy for sustainable exploitation and utilization of resources and environmental protection of seas and islands; planning and plans for sea use; overall planning for sustainable exploitation and utilization of coastal resources; comprehensive management programs for coastal resources with inter-provincial scope;
d) Reporting annually on the implementation of the strategy for sustainable exploitation and utilization of resources and environmental protection of seas and islands; planning and plans for sea use; overall planning for sustainable exploitation and utilization of coastal resources; comprehensive management programs for coastal resources with inter-provincial scope within their respective fields of management as prescribed by law;
3. The Ministry of Agriculture and Rural Development shall provide information and data on protective forests, special-use forests, production forests; information and data in the field of fisheries; current status and development orientations for sea dykes, fishing port systems, and anchorage areas for vessels; maps of planning for aquaculture and fishery resource exploitation;
4. The Ministry of Transport shall provide information and data on the current status and development orientations for port systems, maritime channels, anchorage areas, and ship repair and construction facilities; maps of planning for port systems, maritime channels, anchorage areas, and ship repair and construction facilities;
5. The Ministry of Planning and Investment shall provide information and data on the current status and development orientations for coastal economic zones and other related information and data as required by the Ministry of Natural Resources and Environment;
6. The Ministry of Construction shall provide information and data on the current status and development orientations for urban areas, construction projects on the sea, along the coast, and islands under its management;
7. The Ministry of Culture, Sports and Tourism shall provide information and data on the current status and development orientations for tourist areas, beach and island tourist sites; information and data on the conservation, restoration, and promotion of values of national and world natural heritage sites, historical and cultural relics, scenic spots in coastal areas, along the coast, and islands;
8. The Ministry of Industry and Trade shall provide information and data on oil and gas, other forms of energy related to the marine and island sector under its management;
9. The Ministry of Public Security and the Ministry of National Defense shall provide information and data on restricted areas, temporarily restricted areas, areas with limited activities, and areas requiring special protection for defense and security purposes;
10. The Ministry of Foreign Affairs shall provide information and documents on the Party and State's policies and guidelines in foreign affairs related to the marine and island sector;
11. People's Committees of coastal provinces shall be responsible for:
a) Providing the Ministry of Natural Resources and Environment with information and data on natural conditions, natural resources, socio-economic conditions, management situations, current status of resource exploitation and utilization and environmental protection in marine areas and islands under their management; information and data on lagoon areas, tidal flats, buffer zones, coastal erosion areas, protective forests, wetlands, areas requiring conservation of marine and island ecosystems under their management; orientations for resource exploitation and utilization and environmental protection in coastal and island areas; management solutions for coastal protection zones within their localities;
b) Participating in providing opinions on draft strategies for sustainable exploitation and utilization of resources and environmental protection of seas and islands; planning and plans for sea use; overall planning for sustainable exploitation and utilization of coastal resources; comprehensive management programs for coastal resources with inter-provincial scope;
c) Drafting, perfecting, and approving comprehensive management programs for coastal resources under their local management scope;
d) Establish an annual report on the implementation of the strategy for sustainable exploitation and use of marine and island resources, environmental protection, marine zoning plans, marine use plans, comprehensive plans for sustainable exploitation and use of coastal resources, and integrated management programs for coastal resources within the local jurisdiction to be submitted to the Ministry of Natural Resources and Environment as prescribed by law.
Article 64. Coordination in managing and implementing basic survey activities on marine and island resources and environment
1. The Ministry of Natural Resources and Environment shall be responsible for:
a) Take the lead in establishing and submitting to the Prime Minister for approval the key program for basic surveys of marine and island resources and environment;
b) Develop and manage the database system for basic surveys of marine and island resources and environment;
c) Provide information and data from basic surveys of marine and island resources and environment to relevant ministries, sectors, and provincial people's committees with coastal areas upon request as prescribed by law;
d) Review and participate in reviewing programs and plans for basic surveys of marine and island resources and environment by relevant ministries, sectors, and provincial people's committees with coastal areas as prescribed by law;
đ) Provide opinions on the necessity, target groups, scope, content of surveys, feasibility, and effectiveness of basic survey projects, proposals, and tasks not included in the key program for basic surveys of marine and island resources and environment established by ministries, agencies at the ministerial level, government agencies, and provincial people's committees with coastal areas, which have been approved and implemented;
e) Coordinate with relevant ministries, sectors, and provincial people's committees with coastal areas to monitor, urge, inspect, and compile reports on the implementation of basic survey programs and plans for marine and island resources and environment;
2. Relevant ministries and sectors shall be responsible for:
a) Provide the Ministry of Natural Resources and Environment with information and data on the fields specified in Clauses 3, 4, 5, 6, 7, 8, and Clause 9 of this Article;
b) Take the lead and coordinate with the Ministry of Natural Resources and Environment to review programs and plans for basic surveys of marine and island resources and environment within their assigned management scope;
c) Coordinate with the Ministry of Natural Resources and Environment in establishing and implementing key programs for basic surveys of marine and island resources and environment; monitor, urge, and inspect the implementation of basic survey programs and plans for marine and island resources and environment within their assigned management scope;
d) Develop and manage databases on the results of basic surveys of marine and island resources and environment within their assigned management scope, implement them, and transfer them to the national database for management and utilization according to legal regulations;
đ) Report annually on basic survey activities for marine and island resources and environment within their assigned management scope to the Ministry of Natural Resources and Environment as prescribed by law;
3. The Ministry of Agriculture and Rural Development shall provide information and data on the results of basic surveys, current management status, and basic survey needs for marine biological resources and islands; results of marine environmental monitoring conducted by the Ministry of Agriculture and Rural Development.
4. The Ministry of Industry and Trade shall provide information and data on the results of basic surveys, current management status, and basic survey needs for oil and gas resources, other forms of energy within their assigned management scope.
5. The Ministry of Culture, Sports and Tourism shall provide information and data on the results of basic surveys, current management status, and basic survey needs for tourist areas, scenic spots, national and world natural heritage sites, historical and cultural relics, and scenic spots in coastal and island areas.
6. The Ministry of Transport shall provide information and data on the results of basic surveys, current management status, and basic survey needs for resources serving the development of port systems, maritime routes, anchorage areas, and ship repair and construction facilities.
7. The Ministry of National Defense shall provide information and data on the results of basic surveys, current management status, and basic survey needs for marine resources; results of marine environmental monitoring conducted by the Ministry of National Defense; information and data on security, public order, safety at sea, islands, restricted zones, temporarily restricted zones, activity-restricted zones, and special protection zones for defense and security purposes.
8. The Ministry of Foreign Affairs shall provide information and documents on the Party and State policies regarding foreign affairs related to marine and island areas.
9. The Ministry of Planning and Investment shall provide information and data on the orientation for marine and island economic development linked to the need for basic surveys of marine and island resources and environment; statistical information and data as required by the Ministry of Natural Resources and Environment.
10. Provincial People's Committees with coastal areas shall be responsible for:
a) Providing the Ministry of Natural Resources and Environment with information and data on the results of basic surveys of coastal and island resources and environment conducted by the locality; current management status, and basic survey needs for coastal and island resources and environment;
b) Reporting annually on basic survey activities for marine and island resources and environment conducted by the locality to the Ministry of Natural Resources and Environment as prescribed by law.
Article 65. Coordination in establishing a monitoring and comprehensive surveillance system for marine and island resources and environment; building an information system and database on marine and island resources and environment
1. The Ministry of Natural Resources and Environment shall be responsible for:
a) Establishing a monitoring and comprehensive surveillance system for marine and island resources and environment based on connecting the monitoring and surveillance systems for marine and island resources and environment of ministries, ministerial-level agencies, and provincial people's committees with coastal areas;
b) Building an information system and database on marine and island resources and environment based on integrating databases on marine and island resources and environment from ministries, ministerial-level agencies, and provincial people's committees with coastal areas;
c) Providing and sharing information and data on marine and island resources and environment to ministries, sectors, and provincial people's committees with coastal areas when required under the law.
2. Ministries, sectors, and localities shall be responsible for:
a) Coordinating with the Ministry of Natural Resources and Environment in establishing a monitoring and comprehensive surveillance system for marine and island resources and environment and building an information system and database on marine and island resources and environment;
b) Investigating and assessing the current status of the monitoring and surveillance system for marine and island resources and environment, the information system, and database on marine and island resources and environment within their sector or field, and providing the results of such investigations and assessments to the Ministry of Natural Resources and Environment to serve the establishment of a monitoring and surveillance system for marine and island resources and environment and the construction of a database on marine and island resources and environment;
c) Providing and sharing information and data on marine and island resources and environment within their sector or field to the information system and database on marine and island resources and environment according to the provisions of the law.
Article 66. Coordination in controlling marine and island environmental pollution; responding to and mitigating oil spills and toxic chemical accidents at sea
1. The Ministry of Natural Resources and Environment shall be responsible for:
a) Organizing research, investigation, and assessment of pollution conditions, identifying causes of marine and island environmental pollution, creating maps of pollution risk zones for marine and island environments nationwide; investigating and assessing the environmental carrying capacity of marine and island areas in high-risk or very high-risk zones; announcing areas of marine and island environments that can no longer accept waste; publicly disclosing marine and island environmental information according to the law;
b) Organizing activities to monitor, supervise, and warn about environmental incidents and natural disasters at sea and islands; developing strategies and action plans to adapt to rising sea levels; coordinating with relevant ministries, sectors, agencies, and coastal localities to respond promptly and effectively to oil spills and toxic chemical accidents at sea and other environmental incidents and natural disasters at sea and islands;
c) Providing information collected from the comprehensive monitoring and surveillance system for marine and island resources and environment regarding environmental quality, pollution conditions, and warnings about natural disasters at sea and islands to ministries, sectors, and coastal localities to serve preventive, blocking, and control measures against pollution and responses to mitigate oil spills and toxic chemical accidents at sea and other environmental incidents and natural disasters at sea and islands;
d) Inspecting and supervising the implementation of regulations on waste management and marine and island environmental pollution control;
đ) Directing and guiding provincial people's committees with coastal areas to implement regulations on waste management and marine and island environmental pollution control;
e) Annually compiling and reporting to the Prime Minister on the situation of protecting marine and island environments; the implementation of programs and plans to prevent, block, and control marine and island environmental pollution, respond to and mitigate oil spills and toxic chemical accidents at sea and other environmental incidents and natural disasters at sea and islands;
2. Relevant ministries and sectors shall be responsible for:
a) Providing information and figures on the results of monitoring and assessing the condition of marine and island environmental pollution, water quality, sediment conditions, and biodiversity in marine and island areas; the situation of waste management and marine and island environmental pollution control within their sector or field; the situation of responding to and mitigating environmental incidents and natural disasters at sea and islands according to the provisions of Clauses 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of this Article;
b) Cooperating with the Ministry of Natural Resources and Environment to investigate and assess the condition of pollution, identify causes of marine and island environmental pollution;
c) Directing specialized forces to participate in inspecting and supervising compliance with laws on waste management and marine and island environmental pollution control; responding to and mitigating oil spills and toxic chemical accidents at sea and other environmental incidents and natural disasters at sea and islands;
d) Reporting annually on the implementation of programs and plans to prevent, block, and control marine and island environmental pollution, respond to and mitigate oil spills and toxic chemical accidents at sea and other environmental incidents and natural disasters at sea and islands, and protect marine and island environments within their assigned management scope and sending them to the Ministry of Natural Resources and Environment according to the law.
3. The Ministry of Agriculture and Rural Development shall provide information and figures related to marine and island fisheries exploitation, breeding, and harvesting; fishing ports and anchorage areas for vessels.
4. The Ministry of Transport shall provide information and figures related to marine port operations, maritime channels, anchorage areas, and ship repair and construction facilities.
5. The Ministry of Industry and Trade shall provide information and figures related to chemical activities, oil and gas exploration, extraction, and transportation.
6. The Ministry of Planning and Investment shall provide information and figures related to coastal economic zones.
7. The Ministry of Construction shall provide information and figures related to coastal urban areas and construction projects.
8. The Ministry of Culture, Sports and Tourism shall provide information and figures related to cultural, sports, and tourism areas and sites at sea, along the coast, and on islands.
9. The Ministry of National Defense shall provide information on the management of waste and environmental pollution control in marine and island areas; direct competent forces under its jurisdiction to strengthen environmental pollution control in marine and island areas; mobilize forces to respond to and mitigate oil spills, toxic chemicals in the sea, and other environmental and natural disaster incidents in marine and island areas.
10. The Ministry of Public Security shall provide information on criminal activities and violations of laws related to waste management and environmental pollution control in marine and island areas; direct competent forces under its jurisdiction to strengthen environmental pollution control in marine and island areas; mobilize forces to respond to and mitigate oil spills, toxic chemicals in the sea, and other environmental and natural disaster incidents in marine and island areas.
11. The Ministry of Foreign Affairs shall support international assistance mobilization for responding to and mitigating oil spills, toxic chemicals in the sea, and other environmental and natural disaster incidents in marine and island areas.
12. The National Committee for Search and Rescue shall be responsible for providing information and data on response activities to oil spills, toxic chemicals in the sea, and other environmental and natural disaster incidents in marine and island areas; direct, within its authority, specialized forces to implement responses to oil spills, toxic chemicals in the sea, and other environmental and natural disaster incidents in marine and island areas.
13. People's Committees of coastal provinces shall be responsible for:
a) Providing the Ministry of Natural Resources and Environment with monitoring data on the marine and island environment of their locality;
b) Cooperate with the Ministry of Natural Resources and Environment in researching, investigating, and evaluating the status of environmental pollution, determining the causes of environmental pollution in marine and island areas; establish risk zoning maps for environmental pollution in marine and island areas within their jurisdiction;
c) Develop, guide, and organize the implementation of plans and measures to prevent, handle, and mitigate environmental pollution and degradation in marine and island areas in accordance with the law;
d) Cooperate with the Ministry of Natural Resources and Environment and relevant ministries and sectors to mobilize resources to prevent, respond to, and mitigate oil spills, toxic chemicals in the sea, and other environmental and natural disaster incidents in marine and island areas; resolve compensation for damages and mitigate the consequences of environmental pollution in marine and island areas in accordance with the law;
e) Report annually on waste management, environmental pollution control, and responses to and mitigation of oil spills, toxic chemicals in the sea, and other environmental and natural disaster incidents in marine and island areas.
Article 67. Promoting public awareness about the sea and islands; disseminating and educating the law on comprehensive resource management and environmental protection in the sea and islands.
1. The Ministry of Natural Resources and Environment shall be responsible for:
a) Develop and implement programs and plans to promote public awareness about the sea and islands, disseminate and educate the law on comprehensive resource management and environmental protection in the sea and islands; sustainable exploitation and use of resources and environmental protection in the sea and islands; prevention, response, control, and mitigation of the consequences of natural disasters and environmental incidents in the sea and islands;
b) Support, exchange, and provide information and materials to relevant ministries, sectors, and People's Committees of coastal provinces to serve promotional work aimed at raising awareness among organizations and individuals about sustainable exploitation and use of resources and environmental protection in the sea and islands; prevention, response, control, and mitigation of the consequences of environmental incidents in the sea and islands;
c) Coordinate with relevant ministries, sectors, and People's Committees of coastal provinces to develop plans and organize events during Vietnam Marine Week;
d) Coordinate with the Vietnam Fatherland Front to promote and disseminate policies and laws on marine and island resources and the environment; supervise the implementation of laws on marine and island resources and the environment.
2. Relevant ministries and sectors shall be responsible for:
a) The Ministry of Justice shall coordinate with the Ministry of Natural Resources and Environment to build a national database on laws related to resource management and environmental protection in the sea and islands; develop long-term and medium-term programs and plans to disseminate and educate the law on the sea and islands;
b) The Ministry of Information and Communications shall take the lead and coordinate with the Ministry of Natural Resources and Environment to direct news agencies to allocate broadcasting time for promoting public awareness about the sea and islands, disseminating policies and laws on comprehensive resource management and environmental protection in the sea and islands;
c) The Ministry of Education and Training shall take the lead and coordinate with the Ministry of Natural Resources and Environment to select topics on the sea and islands to organize promotional activities about the sea and islands, disseminate and educate the law on comprehensive resource management and environmental protection in the sea and islands through lectures, special talks, and contests on understanding the sea and islands for students and college students;
d) Vietnam Television and Voice of Vietnam Radio shall be responsible for allocating broadcasting time, reporting, and columns to promote public awareness about the sea and islands, disseminating policies and laws on comprehensive resource management and environmental protection in the sea and islands; events during Vietnam Marine Week at times that achieve high promotional effectiveness;
e) Relevant ministries and sectors shall respond to events during Vietnam Marine Week and other related activities in the field of the sea and islands; direct news agencies and specialized departments under their jurisdiction to promote public awareness about the sea and islands, disseminate and educate the law on comprehensive resource management and environmental protection in the sea and islands within their jurisdiction.
3. People's Committees of coastal provinces shall be responsible for:
a) Take the lead and coordinate with the Ministry of Natural Resources and Environment to organize promotional activities about the sea and islands, disseminate and educate the law on comprehensive resource management and environmental protection in the sea and islands in their localities;
b) Direct local media and news agencies to allocate broadcasting time, report, and columns to promote public awareness about the sea and islands, disseminate policies and laws on comprehensive resource management and environmental protection in the sea and islands; events during Vietnam Marine Week at times that achieve high promotional effectiveness.
c) Coastal localities selected to organize the National Sea and Island Week shall be responsible for coordinating with the Ministry of Natural Resources and Environment to develop programs and plans for organizing events during the National Sea and Island Week; arranging locations, contributing resources to organize events, and ensuring security and public order during the period of the National Sea and Island Week.
Article 68. International Cooperation on Integrated Management of Marine and Island Resources and Environmental Protection
1. The Ministry of Natural Resources and Environment shall be responsible for:
a) Building and implementing programs and plans for international cooperation on integrated management of marine and island resources and environmental protection; applying science and technology to serve marine and island investigation and research activities; exploring resources, developing marine science and technology; developing and improving information systems and databases on marine and island resources and environment;
b) Summarizing international cooperation activities on marine and island resources and environment to report to the Prime Minister.
2. Ministries and sectors shall have the responsibility to periodically report annually on the results of international cooperation on integrated management of marine and island resources and environmental protection to the Ministry of Natural Resources and Environment.
3. The Ministry of Foreign Affairs shall have the responsibility to coordinate with ministries, sectors, and coastal localities to enhance support for promotion and intensify international cooperation on integrated management of marine and island resources and environmental protection.
4. People's Committees of coastal provinces shall have the responsibility to periodically report annually on the situation of international cooperation in integrated management of marine and island resources and environmental protection of their locality to the Ministry of Natural Resources and Environment in accordance with the provisions of the law.
Chapter X
IMPLEMENTING PROVISIONS
Article 69. Transitional Provisions
From the date this Decree takes effect, projects, programs, and tasks under the Comprehensive Program on Basic Investigation and Management of Marine Resources and Environment until 2010, with a vision to 2020, issued together with Decision No. 47/2006/QĐ-TTg dated March 1, 2006 of the Government Chairman, shall be handled as follows:
1. Projects, programs, and tasks that have been approved by competent state agencies before the date this Decree takes effect shall continue to be implemented according to the approval decision.
2. Projects, programs, and tasks that have not been approved by competent state agencies before the date this Decree takes effect, if they comply with the provisions of Clause 2, Article 13 of the Law on Marine and Island Resources and Environment, shall be included in the priority program for basic investigation of marine resources and environment.
Article 70. Effective Date
1. This Decree takes effect from July 1, 2016.
Decree No. 25/2009/NĐ-CP dated March 6, 2009 of the Government on Integrated Management of Marine and Island Resources and Environmental Protection and Decision No. 23/2013/QĐ-TTg dated April 26, 2013 of the Government Chairman promulgating the Regulation on Coordination in Integrated Management of Marine and Island Resources and Environmental Protection shall cease to be effective from the date this Decree takes effect.
Article 71. Implementation Organization
1. The Minister of Natural Resources and Environment shall be responsible for supervising the implementation of this Decree; organizing reviews of strategies, programs, and plans related to integrated management of marine and island resources and environmental protection that were approved before July 1, 2016, and recommending competent authorities to adjust or revoke them to ensure compliance with the provisions of the Law on Marine and Island Resources and Environment and this Decree.
2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of People's Committees of coastal provinces and centrally governed cities shall be responsible for implementing this Decree./.
PRIME MINISTER
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