Circular No. 49/2017/TT-BTNMT on technical guidelines for establishing and adjusting comprehensive management programs for coastal resources

CIRCULAR

Technical regulations for the establishment and adjustment of integrated coastal resource management programs

consolidation of coastal resources

Pursuant to the Law on Natural Resources, Environment, Sea, and Islands dated June 25, 2015;Pursuant to Decree No. 40/2016/NĐ-CP dated May 15, 2016 of the Government detailing certain provisions of the Law on Natural Resources, Environment, Sea, and Islands;

Pursuant to Decree No. 36/2017/NĐ-CP dated April 4, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;On the proposal of the General Department under the General Department of Sea and Islands of Vietnam, the Director of the Science and Technology Department, and the Director of the Legal Department;The Minister of Natural Resources and Environment promulgates this Circular prescribing technical regulations for the establishment and adjustment of integrated coastal resource management programs.

This Circular prescribes technical regulations for the establishment and adjustment of integrated coastal resource management programs (hereinafter referred to as the program).B. LEVELS OF APPROVAL/RECORDING OF REPORTS ON OIL AND GAS RESOURCES AND RESERVES

This Circular applies to agencies, organizations, and individuals related to the establishment and adjustment of integrated coastal resource management programs.Integrated coastal resource managementis the planning and implementation of intersectoral and interregional mechanisms, policies, and coordination tools to ensure that coastal resources are exploited and utilized efficiently, maintaining the functions and structures of coastal ecosystems for sustainable development, contributing to the protection of Vietnam's sovereignty, sovereign rights, and jurisdiction over the sea, ensuring national defense and security.

An integrated coastal resource management program

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

is a set of integrated management activities in a specific coastal area within a defined period, carried out through a process from drafting, approval, implementation, evaluation, adjustment, to proposing improvements for the next phase.

Article 2. Applicability

Coastal condition assessment

Article 3. Explanation of Terms

Strategic multi-purpose hydropower plant

1. is the evaluation of the current state of coastal resources and environment and integrated coastal resource management (including activities exploiting and utilizing coastal resources and space; protecting the coastal environment and relevant institutions, policies, and laws) at a specific point in time, based on selected assessment indicators. Program performance evaluation

2. is the assessment of program results against set objectives, the effectiveness, and impacts of the program through changes in coastal resources and environment and integrated coastal resource management activities based on pre-, post-, and during-program coastal condition assessments. Program assessment indicator

3. is the qualitative or quantitative representation of a characteristic element of an integrated coastal resource management program and its relation to program objectives. TECHNICAL REGULATIONS FOR THE ESTABLISHMENT AND ADJUSTMENT OF INTEGRATED COASTAL RESOURCE MANAGEMENT PROGRAMS

4. Article 4. Program Drafting Process 1. Collecting and compiling information and data for program drafting.

5. 2. Assessing the current coastal condition in the program drafting area. 3. Developing a program outline.

Chapter II

4. Soliciting opinions on the program outline.

5. Developing a program draft.

6. Soliciting opinions on the program draft.

7. Submitting the program for review and approval.

2. Assessment of the current status of the coastal area in the region where the program is established.

3. Drafting the outline of the program.

4. Soliciting opinions on the outline of the program.

5. Drafting the draft of the program.

6. Soliciting opinions on the draft of the program.

7. Submitting for review and approval of the program.

Article 5. Collection and compilation of information and data for program development

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

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

b) Must be the latest updates up to the time of program development.

2. Sources of information and data for program development

a) Information and data from statistical yearbooks of the General Statistics Office, ministries, sectors, and provincial statistics bureaus;

b) Information and data from monitoring results of natural resources and environmental systems at global, regional, national, sectoral, and local levels;

c) Information and data provided by relevant ministries, sectors, and localities;

d) Information and data from research and survey results aimed at establishing coastal protection zones; outcomes of state-level, ministry-level, and provincial-level scientific research projects that have been reviewed;

đ) Information and data from remote sensing images or aerial photographs;

e) Reports on the current status of marine and island environments at the national, provincial, and centrally-administered city levels with coastlines, and reports on specialized topics related to marine and island environments.

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

a) Information and data on natural conditions, natural resources, ecosystems, and biodiversity, including geological, topographical, coastal morphology, meteorological, hydrological, and oceanographic conditions; potential and distribution of resource types; nature reserves and ecosystems;

b) Information and data on the current status of the environment, environmental incidents, and pollution, including the status of air, soil, water, sediment components of the environment; incidents occurring during human activities, natural changes causing severe environmental pollution, degradation, and transformation; discharge sources and polluted areas along the coast;

c) Information and data on disaster situations, trends, and risks, including coastline changes, erosion, and accretion situations; scale and impact of strong winds (including typhoons, tropical depressions, monsoons, squalls, tornadoes, and other major wind disasters), flash floods, flooding, climate change, and sea level rise affecting the coast; other types of natural disasters; information and data on measures to prevent, combat, and mitigate damage caused by disasters to the coast and coastal protection structures;

d) Information and data on planning, strategies, plans, and current status of coastal resource exploitation and utilization by ministries, sectors, and localities;

đ) Information and data on the current status of policies, laws, organizational structure, and management resources for coastal natural resources and environmental protection, including: existing policies and laws; organizational structure and resources; coordination mechanisms; international treaties and other cooperation agreements with foreign organizations and individuals (if any); application of scientific and technological advancements in coastal natural resource and environmental management;

e) Information and data on socio-economic conditions in coastal areas, including economic conditions (infrastructure, industries...); cultural and social characteristics (population, cultural customs, historical and cultural relics...);

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

h) Other relevant information and data.

4. Based on the collected and compiled information and data, decide to conduct additional surveys or estimate based on available information and data.

Article 6. Evaluation of the current status of coastal areas for program development

The current status of the coastal area must be evaluated based on information and data collected and compiled in accordance with Article 5 of this Circular. The contents of the evaluation include:

1. Natural conditions and natural resources

a) Analysis, assessment, and determination of the distinctive characteristics regarding geology, topography; geomorphology; wind, wave, flow, tidal regimes;

b) Analysis, assessment, and determination of the distinctive characteristics regarding ecosystems and biodiversity in nature conservation areas, including national parks, nature reserves, species and habitat conservation areas, scenic protection areas;

c) Analysis, assessment, and determination of the distinctive characteristics regarding biodiversity and the differentiation of coastal ecosystems, including mangrove forests, seaweed, seagrass, coral reefs, coastal sand dunes, tidal flats, estuarine and deltaic ecosystems;

d) Analysis, assessment of the characteristics and changes of various types of resources, including land, water, biological resources, minerals, renewable energy (wind, waves, tides, sun), positional resources, and other types of resources;

đ) Analysis, assessment of vulnerability and impact of climate change on coastal resources.

2. Socio-economic conditions

a) Analysis, assessment of the current status and development needs for infrastructure;

b) Analysis, assessment of cultural-social characteristics (population, cultural traditions...);

c) Analysis, assessment of the current status of historical and cultural heritage;

d) Analysis, assessment of the implementation of socio-economic development plans at the local level;

đ) Analysis, assessment of population pressure and impact on resources, space, and socio-economic activities in coastal areas; the current status of public access to the sea;

e) Analysis, assessment of the development situation of economic sectors, industrial structure, and the livelihoods of communities dependent on the sea;

g) Analysis, assessment of natural disaster risks including hazard assessment, vulnerability, and community adaptation capacity;

3. Current institutional and policy framework for resource exploitation, utilization, and environmental protection in coastal areas

a) Analysis, assessment of the system of policies, laws, coordination mechanisms related to the management of resource exploitation, utilization, and environmental protection in coastal areas;

b) Analysis, assessment of organizational structures and resources for managing resource exploitation, utilization, and environmental protection in coastal areas at central and local levels;

c) Analysis, assessment of the implementation of strategies, plans, programs on resource exploitation, utilization, and environmental protection in coastal areas by ministries, sectors, and localities;

d) Analysis, assessment of the implementation of work to establish coastal protection zones;

đ) Analysis, assessment of the participation of relevant parties including individuals, organizations, agencies, and associations at the local level in integrated coastal resource management;

e) Analysis, assessment of the resolution of disputes, complaints, and accusations regarding resources and the environment in coastal areas;

g) Analysis, assessment of the application of scientific and technological progress in the management of resource exploitation, utilization, and environmental protection in coastal areas;

4. Current status of resource exploitation, utilization, and environmental conditions in coastal areas

a) Analysis, assessment of the current status and demand for resource exploitation, utilization, and spatial use in coastal areas; the degree of resource depletion and value of coastal ecosystems due to resource and spatial exploitation and utilization activities by organizations and individuals;

b) Analysis, assessment of conflicts and contradictions in resource exploitation and utilization among industries and economic activities;

c) Analysis, assessment of the current status and forecast trends of changes in air, soil, water, sediment components of the environment; environmental incidents; analysis, assessment, and identification of pollution risk areas;

d) Analysis, assessment of the current status and forecast trends of biodiversity changes; identification of sensitive and vulnerable areas and ecosystems, and the degree of biodiversity loss;

đ) Analysis, assessment of the current status and forecast trends of erosion and accretion; evolution, scope, and impact of natural disasters, climate change, and rising sea levels.

Article 7. Drafting the program outline

1. The program outline includes the main contents prescribed in Clause 3, Article 14 of Decree No. 40/2016/ND-CP dated May 15, 2016, of the Government detailing the implementation of certain provisions of the Law on Natural Resources, Environment, Sea, and Islands (hereinafter referred to as Decree No. 40/2016/ND-CP).

2. The technical procedures for drafting the contents in the program outline shall be carried out in accordance with the provisions of Articles 8, 9, 10, 11, 12, 13, and 14 of this Circular.

Article 8. Analysis and Evaluation of the Necessity, Urgency, and Practical Significance of the Program

1. The analysis and evaluation of necessity shall be based on collected and synthesized information and data, focusing on the following contents:

a) Coastal areas where there are many resource exploitation and utilization activities, conflicts, or potential conflicts of interest, requiring the participation of multiple levels, sectors, and communities to resolve;

b) Coastal areas where natural resources and ecosystem values are at risk of severe decline due to resource exploitation and utilization activities, being high-risk areas for pollution that require the participation of multiple levels, sectors, and communities to resolve;

c) Coastal areas that are important for economic and social development, national defense, security, cultural heritage conservation and promotion, environmental protection, and ecosystem preservation, which are vulnerable to climate change and sea level rise.

2. The analysis and evaluation of urgency shall determine the timing for establishing and implementing the program.

3. The analysis and evaluation of practical significance shall determine the role and impact of the program in resolving conflicts of interest in resource exploitation and utilization, harmonizing interests among related parties, and its importance for sustainable economic and social development, national defense, security, environmental protection, and climate change adaptation and mitigation.

Article 9. Principles and Bases for Establishing the Program

1. The principles for establishing the program are determined according to the provisions of Clause 1, Article 35 of the Law on Natural Resources, Environment, Sea, and Islands.

2. The bases for establishing the program are determined according to the provisions of Clause 2, Article 35 of the Law on Natural Resources, Environment, Sea, and Islands.

Article 10. Determination of Objectives and Duration of the Program

1. The objectives of the program must address existing issues, inconsistencies, conflicts, and contradictions in coastal resource management and environmental protection, ensuring feasibility, suitability with available capacity and resources, and sustainable development. The program's objectives include general and specific goals.

2. The duration of the program is determined based on the program's objectives and issues to be resolved through comprehensive management methods, ensuring consistency with the overall planning for sustainable coastal resource exploitation and utilization, and the development plans of relevant sectors, localities, and the country.

Article 11. Determination of Scope and Boundaries of Coastal Areas Requiring Program Establishment

1. The scope and boundaries of coastal areas requiring program establishment are determined for each specific case based on the program's objectives, issues to be resolved through comprehensive management methods, ensuring consistency with the overall planning for sustainable coastal resource exploitation and utilization, and the provisions of Clause 2, Article 34 of the Law on Natural Resources, Environment, Sea, and Islands, and Article 8 of Decree No. 40/2016/ND-CP.

2. The scope and boundaries of coastal areas requiring program establishment are defined by straight lines connecting specific coordinate points and are depicted on a topographic base map according to the National Geodetic Reference System and Coordinate System VN-2000.

3. The scale of the base map depends on the size of the area requiring program establishment, selected to facilitate the creation, use, reproduction, and preservation of the map.

4. The content elements of the base map used to delineate the boundaries of coastal areas requiring program establishment include geographic base elements, administrative boundary lines, transportation, hydrographic systems, and significant place names and landmarks with directional significance. Detailed content elements of the geographic base map comply with current relevant laws.

Article 12. Determining issues to be addressed for comprehensive management

1. Issues to be addressed for comprehensive management must be identified and prioritized based on scientific criteria and practical requirements.

2. The identification of issues and the prioritization of their resolution for comprehensive management shall be based on the following contents:

a) Results of the current status assessment of coastal areas;

b) The urgency and importance of the issue to be resolved;

c) Directions for socio-economic development;

d) Availability of resources to resolve the issue;

đ) Feasibility in organizing and implementing the resolution.

Article 13. Building the main content of the program

The main content of the program includes groups of solutions, tasks, and resources to implement the program.

1. Groups of tasks are detailed into projects, plans, topics, and other activities according to a timeline and in line with actual resources to achieve the program's objectives.

2. Groups of solutions to implement the program include:

a) A group of solutions regarding institutional frameworks and policies;

b) A group of solutions to enhance state management capacity;

c) A group of solutions to raise awareness among managers and related parties about comprehensive coastal resource management through publicity;

d) A group of financial solutions;

đ) A group of technical tools to support comprehensive coastal resource management;

e) A group of solutions to facilitate community, organizational, and individual participation in the management process;

g) A group of international cooperation and science and technology application solutions.

3. Resources to implement the program

a) Human resources include agencies, organizations, individuals, and communities involved in establishing and implementing the program;

b) Financial resources include local budget funds; other investment sources through bilateral and multilateral international cooperation programs; socialized resources from domestic and foreign businesses, organizations, and individuals.

Article 14. Establishing evaluation indicators for the program's implementation results

1. Evaluation indicators for the program's implementation results are established based on the program's objectives.

2. Indicator groups include:

a) Management indicators, including indicators describing the degree and outcomes of completing institutional frameworks, policies, and laws supporting comprehensive coastal resource management;

b) Resource exploitation and environmental protection indicators, including indicators describing the degree of coastal resource exploitation and environmental quality control and protection;

c) Socio-economic indicators, including indicators describing the socio-economic conditions of coastal communities;

d) The list of indicators is specified in Appendix 2 of this Circular.

Article 15. Soliciting opinions on the program outline

The leading agency responsible for establishing the program shall send the program outline along with the explanatory report to solicit opinions from relevant agencies as stipulated in Article 14 of Decree No. 40/2016/NĐ-CP.

Article 16. Drafting the program

1. Based on comments from relevant agencies on the program outline, the leading agency responsible for establishing the program shall draft the program, sending the draft program along with the explanatory report to solicit opinions from relevant agencies, communities, organizations, and individuals.

2. The organization of opinion solicitation, the compilation of a summary report on the adoption and explanation of comments from relevant agencies, organizations, individuals, and communities shall be carried out in accordance with Article 15 of Decree No. 40/2016/NĐ-CP.

3. The leading agency responsible for establishing the program shall perfect the program draft based on comments from relevant agencies, organizations, individuals, and communities.

Article 17. Examination and Approval of Programs

1. The leading agency responsible for establishing the program shall be responsible for completing the dossier for examination in accordance with the provisions set forth in Article 16 of Decree No. 40/2016/NĐ-CP.

2. Based on the report of the examination results from the Examination Board, the leading agency responsible for establishing the program shall be responsible for incorporating feedback, explaining, and completing the dossier for approval in accordance with the provisions set forth in Article 17 of Decree No. 40/2016/NĐ-CP.

Article 18. Adjustment of Programs

1. The integrated management program for coastal resources shall be 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 of Article 35 of the Law on Natural Resources, Environment, and Islands, which alters the objectives and contents of the approved program.

2. When adjusting the program, the leading agency must evaluate the implementation of the program according to the content prescribed in Clause 2 of Article 18 of Decree No. 40/2016/NĐ-CP.

3. The procedures for establishing, examining, and approving adjustments to the program shall be carried out similarly to those for establishing, examining, and approving the program as stipulated in this Circular.

4. When adjusting the program, the leading agency shall only collect, compile, and update information and data directly related to the content being adjusted in the program.

Chapter III

IMPLEMENTING PROVISIONS

Article 19. Implementation

1. The Vietnam Marine and Island Administration shall be responsible for assisting the Ministry of Natural Resources and Environment in establishing and adjusting programs that span multiple provinces, and guiding, monitoring, and inspecting the implementation of this Circular.

2. Provincial People's Committees and municipal people's committees under central government jurisdiction with coastlines shall be responsible for establishing and adjusting programs within their respective jurisdictions and allocating sufficient resources to ensure the establishment of programs in accordance with the law.

Article 20. Effective Date

This Circular takes effect from January 15, 2018

Article 21. Responsibility for Implementation

1. Ministries, agencies at the level of ministries, government agencies, provincial people's committees and municipal people's committees under central government jurisdiction with coastlines, heads of units subordinate to the Ministry of Natural Resources and Environment, and organizations and individuals concerned shall be responsible for implementing this Circular.

2. During the process of organizing and implementing, if difficulties or obstacles arise, relevant agencies, organizations, and individuals shall promptly reflect them to the Ministry of Natural Resources and Environment for consideration and resolution./.