Decree No. 66/2019/ND-CP on the conservation and sustainable use of wetlands

 

 

DECREE

On the conservation and sustainable use of wetlands

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Pursuant toLaw on the Organization of the Government June 19, 2015;

Pursuant toLaw on Biodiversity November 13, 2008;

At the proposal of the Minister of Natural Resources and Environment;

The Government issues the Decree on Conservation and Sustainable Use of Wetlands.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Decree stipulates the conservation and sustainable use of wetlands within the territory of Vietnam.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

This Decree applies to organizations, households, individuals within the country, overseas Vietnamese, foreign organizations, and individuals directly involved or related to the conservation and use of wetlands within the territory of Vietnam.

Article 2. Interpretation of Terms

The terms used in this Decree shall be understood as follows:

1. Conservation of wetlands means maintaining, protecting the structure, function, ecological characteristics, and biodiversity of wetlands.

2. Wetland ecosystem services are benefits provided by wetland ecosystems to humans.

3. Ecological characteristics of wetlands are the collection of components, processes, and wetland ecosystem services that are distinctive for wetlands at a specific time.

4. The Ramsar Convention is the abbreviated name for the Convention on Wetlands of International Importance.

5. Wetland ecosystem is an area including the biological community and non-biological factors of a specific wetland that interact with each other and exchange matter.

6. Wetland conservation area is a nature reserve where the area of wetlands constitutes 50% or more of the total area of the reserve.

7. Ramsar site is a wetland of international importance recognized by the Secretariat of the Ramsar Convention.

8. Wetland is a marsh, peatland, or land that is permanently or seasonally flooded, including coastal and island areas with a depth not exceeding six meters at low tide.

Article 3. Principles for the conservation and sustainable use of wetlands

1. The conservation and use of wetlands must be carried out based on the principle of an ecosystem approach, ensuring the integrity of the structure, function, ecological characteristics, and biodiversity of wetlands.

2. Enhance the role and participation of communities living around wetlands and stakeholders in the conservation and sustainable use of wetlands.

3. Ensure a fair and reasonable mechanism for sharing benefits regarding rights and obligations among stakeholders in the use of wetland ecosystem services.

Article 4. State management of the conservation and sustainable use of wetlands

The contents of state management of the conservation and sustainable use of wetlands include:

1. Issuing and implementing legal normative documents on the conservation and sustainable use of wetlands; provisions of the Ramsar Convention.

2. Developing and implementing strategies, plans, and programs for the conservation and sustainable use of wetlands nationwide and at local levels.

3. Statistics, inventory; investigation, assessment, establishment, and management of databases on wetlands; monitoring and tracking changes in environmental quality and biodiversity of important wetlands; compiling, reviewing, issuing, and adjusting the List of Important Wetlands nationwide.

4. Organizing the establishment, review, operation, and management of wetland conservation areas; nominating and managing Ramsar sites; guiding the management of important wetlands outside conservation areas.

5. Organizing research, application of scientific and technological progress, international cooperation, and training of human resources for the conservation and sustainable use of wetlands.

6. Inspecting, supervising, and handling violations of laws on the conservation and sustainable use of important wetlands.

7. Promoting, disseminating, educating about laws, raising awareness, and mobilizing the participation of stakeholders and communities in the conservation and sustainable use of wetlands.

Article 5. Encouraged Activities on Wetlands

The State encourages organizations and individuals, both domestic and foreign, and community residents to invest and participate in the following activities:

1. Protecting the environment, conserving biodiversity, protecting natural ecosystems and migratory birds in wetlands.

2. Restoring important wetlands and natural wetland ecosystems that have deteriorated or been over-exploited; maintaining and preventing changes to the ecological characteristics of wetlands.

3. Monitoring activities in important wetlands; promptly detecting and reporting to competent authorities any violations of laws concerning the conservation and sustainable use of important wetlands.

4. Implementing sustainable livelihood models, conservation and sustainable use models for wetlands, and ecotourism activities in accordance with the law.

Chapter II

STATISTICS, INVENTORIES, SURVEYS, ASSESSMENTS AND MONITORING OF WETLANDS

Article 6. Statistics and Inventories of Wetlands

Wetlands must be statistically inventoried and published in accordance with the provisions of the Land Law; the Law on Natural Resources, Environment, and Marine Islands.

Article 7. Surveys and Assessments of Wetlands

1. Wetlands shall be surveyed, assessed, and conservation and sustainable use regimes established.

2. Basic information to be collected, surveyed, and assessed for wetlands includes:

a) Name, geographic location, boundaries, and coordinates of the wetland on the current land use map or coordinates on the sea surface; area (hectares) of the wetland and types of wetlands;

b) Basic ecosystem functions and services; economic, cultural, social, and environmental values of the wetland;

c) Species residing, living, and developing in the wetland, including native, endangered, rare, and migratory species; species and number of waterbirds;

d) Threats, conservation methods, and uses of the wetland.

Article 8. Criteria for Identifying Important Wetlands

1. Important wetlands are wetlands with an area of at least 50 hectares for coastal or island wetlands, or at least 5 hectares for inland wetlands, containing important natural ecosystems that meet at least one of the following criteria:

a) Containing at least one unique or representative type of natural wetland for a specific ecosystem;

b) Being a natural habitat for at least one endemic, endangered, rare, or migratory species, or home to at least 1,000 waterbirds, or breeding grounds for at least one valuable aquatic species;

c) Playing a significant role in regulating water sources and ecological balance for a local, provincial, national, or international ecosystem;

d) Having special scenic, cultural, historical, or cultural value for a locality, nation, or internationally.

2. Important wetlands are classified into national important wetlands and local important wetlands.

3. National important wetlands are wetlands with an area of at least 5,000 hectares for coastal or island wetlands, or at least 300 hectares for inland wetlands, and meeting at least one of the following criteria:

a) Containing at least one unique or representative type of natural wetland for a provincial or national ecosystem;

b) Being a natural habitat for at least one endemic species or five species listed in the Catalogue of Endangered, Rare, and Valuable Species, or one species listed in the Catalogue of Endangered, Rare, and Valuable Species requiring priority protection, or home to at least 10,000 waterbirds;

c) Playing a significant role in regulating water sources and ecological balance for a provincial or national ecosystem;

d) Having special scenic, cultural, historical, or cultural value for the nation.

4. Local important wetlands are important wetlands within the management area of a province or centrally governed city as stipulated in Clause 1 of this Article, excluding national important wetlands as defined in Clause 3 of this Article.

Article 9. List of Important Wetland Areas

1. The List of Important Wetland Areas includes the following basic contents:

a) Name, geographical location, boundaries, and coordinates of the wetland area;

b) Area of the wetland area and types of wetlands;

c) Criteria for important wetland areas and classification of important wetland areas;

d) Management and conservation forms of wetland areas.

3. Adjustments to the List of Important Wetland Areas:

4. Important wetland areas listed in the List shall be published as part of the overall biodiversity conservation plan and provincial plans.

Article 10. Monitoring of Important Wetland Areas

1. Contents of monitoring of important wetland areas include:

a) Area, boundaries of the wetland area, and types of wetlands;

b) Hydrological regime, water quality, and bottom sediment;

c) Biodiversity and threats.

2. Implementation of monitoring:

a) The management agency of important wetland areas is responsible for organizing the monitoring of the contents stipulated in Clause 1 of this Article;

b) Water quality monitoring points and bottom sediment monitoring points in national and local important wetland areas are part of the national and local environmental quality monitoring network;

c) Hydrological monitoring in important wetland areas shall be carried out in accordance with regulations on hydrological monitoring.

Article 11. Database on Wetland Areas

1. The database on wetland areas is part of the national biodiversity database and includes:

a) Information and data from surveys, inventories, assessments, and monitoring of wetland areas;

b) Legal documents, standards, technical regulations, technical provisions, technical procedures, and economic-technical norms on wetland areas;

c) Other information and data related to wetland areas.

Chapter III

MANAGEMENT OF IMPORTANT WETLAND AREAS

Section 1

d.1. Amount of taxable income in Vietnam:ESTABLISHMENT OF WETLAND CONSERVATION ZONES

1. Wetland conservation areas are classified into national and provincial levels and ranked into national parks, nature reserves, species and habitat conservation areas, and landscape protection zones according to the provisions of the Biodiversity Law.

2. A wetland area may be considered for establishment as a national wetland conservation area when:

a) It is an important wetland area for the country listed in the Catalogue of Important Wetlands published;

b) It meets the criteria for a national-level conservation area as stipulated in the Biodiversity Law.

3. A wetland area may be considered for establishment as a provincial wetland conservation area when:

a) It is included in the Catalogue of Important Wetlands published;

b) It meets the criteria for a provincial-level conservation area as stipulated in the Biodiversity Law.

1. Responsibilities for drafting and reviewing projects to establish national-level wetland conservation areas:

a) The Ministry of Natural Resources and Environment shall take the lead and coordinate with the People's Committees of provinces and centrally-administered cities involved to organize the drafting of projects to establish national-level wetland conservation areas covering areas across two or more provinces or centrally-administered cities;

b) The People's Committee of a province or centrally-administered city shall organize the drafting of projects to establish national-level wetland conservation areas where the entire area falls within its jurisdiction and submit the dossier to the Ministry of Natural Resources and Environment for review;

c) The Ministry of Natural Resources and Environment shall establish an inter-ministerial Review Board to review projects to establish national-level wetland conservation areas. The Review Board shall include: the Chairman being a leader from the Ministry of Natural Resources and Environment, members representing the Ministries of Natural Resources and Environment, Agriculture and Rural Development, Finance, Planning and Investment, Home Affairs, Culture, Sports and Tourism; representatives from the People's Committee of the province where the proposed national-level wetland conservation area is located; experts and representatives from other relevant agencies.

2. Procedures for drafting and reviewing projects to establish national-level wetland conservation areas:

a) Conduct investigations and evaluations of the current state of biodiversity, environment, economy, culture, and society in the proposed wetland conservation area;

b) Draft projects to establish national-level wetland conservation areas including contents as prescribed in Clause 3 of this Article;

c) Solicit opinions from ministries, ministerial-level agencies, and provincial People's Committees related to the project (for national-level wetland conservation areas spanning two or more provinces or centrally-administered cities), and the opinions of communities legally residing within or adjacent to the proposed wetland area;

d) Review the project establishment dossier for national-level wetland conservation areas including: the purpose of biodiversity conservation in the conservation area; the degree of compliance with establishment criteria; geographical location, boundaries, area, functional zones, buffer zones of the conservation area; management plans; organizational structure for management and opinions of relevant parties as specified in point c of Clause 2 of this Article;

đ) Prepare a proposal for establishing a national-level wetland conservation area according to the provisions of Clause 5 of this Article and submit it to the Prime Minister for a decision on establishment.

3. Contents of the project to establish a wetland conservation area include:

a) Purpose of biodiversity conservation; compliance with criteria for establishing a wetland conservation area;

b) Current status of natural and artificial ecosystems, rare and endangered species, species in the Catalogue of Rare and Endangered Species Requiring Priority Protection, other wild species, environmental scenery, cultural, historical values, unique natural beauty, and important wetland ecosystem services in the proposed conservation area;

c) Evaluation of current land management and usage, economic and social conditions in the proposed conservation area, threats to the wetland area, and plans for changing land use purposes;

d) Extracts from maps, geographical location, and area of the proposed wetland conservation area;

đ) Geographical location and area of strict protection zones, ecological restoration zones, service and administrative zones; boundaries of each zone; plans for stabilizing living conditions or relocating households and individuals out of the proposed conservation area;

e) Management plan for the conservation area;

g) Management organization of the conservation area;

h) Geographical location, area, and boundaries of buffer zones in the proposed conservation area;

i) Implementation organization of the project to establish the conservation area.

4. Dossier for requesting review of projects to establish national-level wetland conservation areas includes:

a) Proposal for establishment and draft decision on establishment of the conservation area;

b) Project to establish the conservation area including contents as prescribed in Clause 3 of this Article;

c) Opinions of communities legally residing within or adjacent to the proposed wetland conservation area;

d) Agreement documents from the People's Committees of provinces for national-level wetland conservation areas covering areas across two or more provinces or centrally-administered cities; documents from the People's Committee of a province requesting review of projects to establish national-level wetland conservation areas covering areas within one province or centrally-administered city;

5. Dossier submitted to the Prime Minister for establishing a national-level wetland conservation area includes:

a) Proposal for establishing a national-level wetland conservation area and the completed draft decision on establishment after the Review Board meeting;

b) Completed project to establish a national-level wetland conservation area according to the requirements of the Review Board and relevant parties;

c) Opinions of communities legally residing within or adjacent to the proposed wetland conservation area;

d) Agreement documents from the People's Committees of provinces for national-level wetland conservation areas covering areas across two or more provinces or centrally-administered cities; documents from the People's Committee of a province proposing to establish a national-level wetland conservation area covering areas within one province or centrally-administered city;

đ) Results of the review and minutes of the inter-ministerial Review Board meeting on the project to establish a national-level wetland conservation area;

6. The Prime Minister issues a decision to establish a national-level wetland conservation area.

7. The decision to establish a national-level wetland conservation area shall contain contents as stipulated in the Biodiversity Law.

1. Responsibilities for drafting and reviewing the project to establish provincial wetland conservation areas:

a) The People's Committee of the province or centrally governed city shall organize the drafting of the project to establish provincial wetland conservation areas;

b) The Chairman of the People's Committee at the provincial level shall establish a Review Board for the project to establish provincial wetland conservation areas; the Review Board shall consist of: the Chairperson being a leader from the People's Committee at the provincial level, members being leaders from departments and agencies related to Natural Resources and Environment, Agriculture and Rural Development, Finance; Planning and Investment, Home Affairs, Culture, Sports and Tourism, representatives from the People's Committee at the district level where the proposed conservation area is located, representatives from the Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development, experts, and representatives from other relevant agencies.

2. The procedure for drafting and reviewing the project to establish provincial wetland conservation areas is as follows:

a) Conducting investigations and assessments on the current status of biodiversity, environment, economy, culture, and society in the proposed wetland conservation area;

b) Drafting the project to establish provincial wetland conservation areas according to the contents stipulated in Clause 3, Article 13 of this Decree;

c) Soliciting opinions from the Ministry of Natural Resources and Environment, People's Committees at various levels, relevant departments and agencies, and the opinions of communities legally residing within or adjacent to the proposed wetland conservation area;

Within thirty days from the date of receipt of the opinion solicitation document from the provincial-level People's Committee, the Ministry of Natural Resources and Environment, People's Committees at various levels, and relevant departments and agencies must provide written responses.

d) Organizing the review of the project establishment dossier according to the provisions in point b, Clause 1 of this Article. The review content includes: the purpose of preserving biodiversity in the conservation area; the degree of meeting the criteria for establishing the conservation area; the geographical location, boundaries, area, functional zones, and buffer zone of the conservation area; management plans for the conservation area; organizational structure for managing the conservation area, and the opinions of relevant parties as stipulated in point c, Clause 2 of this Article;

Within sixty days from the date of receiving all necessary documents, the provincial-level People's Committee shall complete the review of the project to establish the provincial wetland conservation area.

e) Completing the dossier for submission to the Chairman of the provincial-level People's Committee to issue a decision to establish the conservation area.

3. The dossier for requesting the review of the project to establish provincial wetland conservation areas includes:

a) A proposal document for establishment and draft Decision on establishing the conservation area;

b) The project to establish provincial wetland conservation areas including the contents stipulated in Clause 3, Article 13 of this Decree;

c) Opinions from the Ministry of Natural Resources and Environment, People's Committees at various levels, relevant departments and agencies, and the opinions of communities legally residing within and adjacent to the proposed conservation area.

4. The dossier submitted to the provincial-level People's Committee or centrally governed city regarding the establishment of provincial wetland conservation areas includes:

a) The proposal document for establishment and draft Decision on establishing the conservation area completed after the Review Board meeting on the project establishment dossier;

b) The project to establish provincial wetland conservation areas completed according to the requirements of the Review Board and the opinions of relevant parties as stipulated in point c, Clause 3 of this Article;

c) The results of the review and minutes of the Review Board meeting on the project to establish provincial wetland conservation areas.

5. The Chairman of the provincial-level People's Committee shall issue a decision to establish provincial wetland conservation areas.

6. The decision to establish provincial wetland conservation areas shall include the following main contents:

a) Geographical location, boundaries, and area of the conservation area and buffer zone;

b) Geographical location, boundaries, and area of strict protection zones, ecological restoration zones, and service-administrative zones;

c) Purpose of preserving biodiversity in the conservation area;

d) Plan for restoring natural ecosystems within the conservation area;

e) Plans for stabilizing or relocating households and individuals living within the conservation area; plans for changing land use purposes within the conservation area;

f) Management organization of the conservation area, including functions, tasks, and organizational structure;

g) Operating budget for the conservation area;

h) Responsibilities of relevant departments and organizations in managing the conservation area and implementing the decision to establish the conservation area.

Section 2

MANAGEMENT OF WETLAND CONSERVATION AREAS

Article 15. Management organization of wetland conservation areas

1. The management organization of wetland conservation areas shall be carried out in accordance with the provisions of the Biodiversity Law.

2. The management organization of wetland conservation areas shall perform functions and tasks as prescribed by the Biodiversity Law and the following specific tasks:

a) Manage activities using wetland ecosystem services in accordance with the Regulations on Wetland Conservation Areas and relevant laws;

b) Organize the implementation of activities to conserve wetland areas within the conservation area according to programs, plans, projects, or topics approved by competent state authorities;

c) Organize the implementation of eco-tourism activities and benefit-sharing schemes for sustainable use of wetland ecosystem services after approval by competent state authorities in accordance with the law;

d) Coordinate with fishery inspection forces, forest protection forces, coast guard, rescue forces, specialized management agencies at provincial level, and local communities to manage, conserve, and utilize wetland ecosystem services;

đ) Implement programs to control, isolate, and eliminate invasive alien species in important wetland areas and programs to conserve endangered, precious, and rare species within wetland areas;

e) Fully implement inspection, supervision, and regular reporting regimes as stipulated in this Decree and relevant laws.

Article 16. Establishment and management of activities in functional zones of wetland conservation areas

1. Wetland conservation areas shall be divided into functional zones. Each functional zone must define its area; boundaries, coordinates on maps in the project to establish the wetland conservation area, and mark boundary markers on-site after the establishment decision by competent state authorities, including:

a) Strict protection zone is established with sufficient area to preserve intact the natural succession of the wetland ecosystem;

b) Ecological restoration zone is established to restore, conserve, and sustainably use the wetland ecosystem to ensure its regenerative capacity;

c) Service-administrative zone is established to serve administrative management of the conservation area, scientific research, environmental education, eco-tourism, and sustainable use and conservation of biodiversity.

2. Activities occurring in each wetland conservation area must comply with the specific management regulations of the conservation area issued by the competent authority as stipulated in Clause 2, Article 18 of this Decree and not contravene the provisions of Clauses 3, 4, and 5 of this Article.

3. Provisions for the strict protection zone:

a) Not to conduct activities that obstruct the passage of aquatic species; investigate, survey, explore, extract minerals; reside illegally; encroach upon wetlands, illegally change land use purposes; destroy landscapes, damage natural ecosystems, and actions negatively impacting the wetland conservation area;

b) Not to carry out activities that alter the ecological characteristics of wetland areas, including: changing hydrological regimes; causing environmental pollution; altering the structure of the ecosystem and species composition;

c) Not to hunt, fish, or exploit wild species except for scientific research approved by competent state authorities; not to raise livestock or poultry, cultivate aquaculture, or construct buildings or houses, except for those serving national defense and security purposes;

d) To protect the natural development of the ecosystem, natural habitats of water birds, migratory birds, and conserve species listed in the Catalogue of Endangered, Precious, and Rare Species; the Catalogue of Endangered, Precious, and Rare Species prioritized for protection, and native species;

đ) To collect specimens of biological species in accordance with the law;

e) To implement measures to prevent and mitigate diseases and degradation of the ecosystem within the zone.

4. Provisions for the ecological restoration zone:

a) To comply with the provisions at point a, point b of Clause 3 of this Article; not to raise livestock or poultry on a farm scale, cultivate aquaculture on an industrial scale; construct buildings or houses illegally; not to hunt water birds or migratory birds; protect species listed in the Catalogue of Endangered, Precious, and Rare Species; the Catalogue of Endangered, Precious, and Rare Species prioritized for protection, and native species;

b) To naturally enclose and restore native aquatic species, plant and enrich mangrove forests with native species; restore coral reef ecosystems, seagrass beds, and suitable habitats for endangered, precious, and rare species in accordance with the law;

c) To release and restore native species; restore and protect natural wetland ecosystems within the zone;

d) To collect specimens of biological species in accordance with the law;

đ) To implement eco-tourism and recreational activities in accordance with the law;

e) To implement measures to prevent changes in the ecological characteristics of wetland areas and restore wetland ecosystems within the zone.

5. Provisions for the service-administrative zone:

a) To comply with the provisions at point a, point b of Clause 3 of this Article;

b) Construction of projects or investment developments to serve biodiversity conservation, natural ecosystem development, combined with eco-tourism and environmental education activities within the wetland conservation area must undergo environmental impact assessments in accordance with environmental protection laws;

c) To engage in environmentally sustainable aquaculture and enclose native species in accordance with the law;

d) To collect specimens of biological species in accordance with the law;

đ) To implement eco-tourism and recreational activities and other activities as prescribed by the law;

e) To implement measures to protect the environment and natural scenery within the zone.

Article 17. Management Plan for Wetland Conservation Areas

1. The management plan is a component of the project to establish wetland conservation areas.

2. The agency responsible for establishing the wetland conservation area project shall develop the management plan according to the basic contents stipulated in Clause 3 of this Article.

3. Basic contents of the management plan for wetland conservation areas:

a) Summary of natural conditions, socio-economic conditions, environmental conditions, national defense, security; biodiversity, historical and cultural relics, natural scenery;

b) Objectives, scope of management, conservation of biodiversity within the wetland conservation area;

c) Functional zones of the conservation area, programs on conservation, sustainable use, and recovery of biodiversity; plans to restore natural ecosystems within the conservation area;

d) Threats to the wetland conservation area and management, protection, and sustainable development activities in the wetland area;

đ) Priority topics and projects, preliminary budget for investment capital, phased investment construction of the wetland conservation area; regular funding for conservation and biodiversity protection activities;

e) Solutions and implementation organization.

Article 18. Management Regulations for Wetland Conservation Areas

2. Basic contents of the Management Regulations for wetland conservation areas include:

a) Scope of adjustment, applicable subjects;

b) Boundaries of the conservation area and functional zones;

c) Management of activities within the conservation area;

đ) Resources and implementation organization of the Management Regulations.

b) The Chairman of the People's Committee of the province shall issue the Management Regulations for wetland conservation areas under local jurisdiction.

Article 19. Management of Buffer Zones of Wetland Conservation Areas

1. Criteria for determining buffer zones:

a) The buffer zone is defined as the adjacent area surrounding the boundary of the wetland conservation area and is determined according to the administrative boundary of the commune; for areas without administrative boundaries, it has a minimum width of 1,000 meters from the boundary of the wetland conservation area;

b) The boundary range and area of the buffer zone are determined on maps and in the field simultaneously with the establishment of the project to create the wetland conservation area.

2. The buffer zone is managed to prevent and reduce adverse impacts on the wetland conservation area; limit projects and activities that negatively affect the wetland conservation area.

a) To promote and mobilize residents in the buffer zone to comply with legal regulations on the conservation and sustainable use of wetland areas; implement measures to prevent harm to the wetland conservation area;

b) To manage and sustainably use natural resources, protect the environment, and biodiversity in the buffer zone in accordance with the law;

c) To coordinate with the conservation area management organization, the conservation area management agency, or relevant parties in resolving issues related to the conservation area within their jurisdiction as prescribed by law.

4. The conservation area management organization shall have the responsibility:

a) To organize measures to attract communities in the buffer zone to participate in managing the conservation area and sustainably using natural resources in the buffer zone;

b) To coordinate with local authorities and relevant specialized agencies in resolving and handling issues related to the buffer zone;

c) To take the lead or coordinate with relevant parties in implementing buffer zone development projects approved by the competent authority to reduce pressure on the biodiversity of the wetland conservation area.

5. Organizations, households, individuals, and community residents residing or conducting activities in the buffer zone of the wetland conservation area shall have the responsibility and right to participate in environmental protection and biodiversity conservation activities of the conservation area and sustainable development of the buffer zone organized by the conservation area management agency or local authorities.

Article 20. Conversion, Upgrading, and Management Level Transfer of Wetland Conservation Areas

1. National parks, nature reserves, species and habitat conservation areas, and scenic protection areas with wetland land accounting for 50% or more of the total area of the conservation area shall be considered for conversion into wetland conservation areas and shall enjoy investment policies for the conservation and sustainable use of wetlands as stipulated in this Decree and relevant laws.

2. Wetland conservation areas shall be considered for upgrading and management level transfer based on actual conditions and classification criteria for wetland conservation areas as specified in Article 12 of this Decree.

3. The upgrading and management level transfer of wetland conservation areas shall be carried out according to regulations on the establishment, review, and approval of projects to establish wetland conservation areas as stipulated in Articles 13 and 14 of this Decree.

Article 21. Adjustment of Boundaries and Area of Wetland Conservation Areas

1. Wetland conservation areas may be considered for adjustment of boundaries and area to align with practical management needs.

2. The adjustment of boundaries and area of wetland conservation areas shall be carried out according to regulations on the establishment, review, and approval of projects to establish wetland conservation areas as stipulated in Articles 13 and 14 of this Decree and other relevant legal provisions.

Article 22. Provisions on Conservation and Sustainable Use of Important Wetland Areas within Specialized Forests and Marine Protected Areas

Specialized forests and marine protected areas that include important wetland areas listed in the Important Wetland Areas Directory shall implement the following activities:

1. Incorporate contents on the protection, conservation, and sustainable use of wetland areas into plans and management regulations for specialized forests and marine protected areas.

2. Implement activities to conserve wetland ecosystems, maintain natural hydrological regimes, and ensure water quality in wetland areas within specialized forests and marine protected areas as stipulated in this Decree and relevant legal provisions.

3. Assess the status of wetland areas within specialized forests and marine protected areas and implement measures to conserve and sustainably develop biodiversity in wetland areas.

4. Report every three years or at any time about the management of wetland areas within specialized forests and marine protected areas to the competent state agency responsible for biodiversity.

Article 23. Management of Ramsar Sites

1. Contents of managing activities within Ramsar Sites:

a) Implement regulations for managing wetland conservation areas;

b) Develop and implement programs for the conservation and sustainable use of wetland areas; management plans for Ramsar Sites; monitoring and evaluating changes in ecological characteristics of Ramsar Sites, every six years;

c) Implement reporting and information provision systems regarding Ramsar Sites as required by the national focal agency of the Ramsar Convention and promptly report changes in ecological characteristics of Ramsar Sites;

d) Conduct evaluations of the effectiveness of management of Ramsar Sites and requirements for the conservation and sustainable use of wetland areas as requested by the Secretariat of the Ramsar Convention.

Section 3

MANAGEMENT OF IMPORTANT WETLAND AREAS OUTSIDE CONSERVATION AREAS

AND SHARING BENEFITS IN THE USE OF IMPORTANT WETLAND AREAS

Article 24. Management Organizations for Important Wetlands Outside Protected Areas

Article 25. Provisions on Conservation and Sustainable Use of Important Wetlands Outside Protected Areas

1. Requirements for activities in important wetlands outside protected areas:

a) Maintaining the natural hydrological regime of the wetland; maintaining and protecting the functions and services of the wetland ecosystem;

b) Not carrying out activities that cause pollution in important wetlands; not causing harm to endangered, precious, rare species and habitats of migratory water birds, water birds, breeding grounds and spawning sites of aquatic species;

c) Protecting the landscape and historical and cultural relics of the wetland;

d) Conducting environmental impact assessments for development investment projects in accordance with environmental protection laws; not implementing investment projects that harm the functions and services of the wetland ecosystem and alter the ecological characteristics of important wetlands;

đ) Implementing measures to prevent changes in the ecological characteristics of important wetlands; restoring degraded important wetlands;

e) Implementing the provisions stipulated in the Inter-Ministerial Regulation on the management of important wetlands issued by the Chairman of the Provincial People's Committee.

2. The basic contents of the Inter-Ministerial Regulation on the management of important wetlands include:

a) Boundaries and area of important wetlands;

b) Threats to important wetlands and requirements for activities within important wetlands, including specific requirements for permitted and non-permitted activities within important wetlands;

c) Responsibilities of organizations and individuals conducting activities in important wetlands, provincial state management agencies, People's Committees at all levels with jurisdiction within or adjacent to important wetlands, and other parties related to important wetlands;

d) Resources for implementing the Inter-Ministerial Regulation on the management of important wetlands.

3. Protective forests and areas for preserving aquatic resources within important wetlands shall be responsible for conserving and sustainably using important wetlands in accordance with this Decree and relevant laws.

Article 26. Sharing Benefits from Ecosystem Services of Important Wetlands

1. Principles of benefit sharing:

a) Ensuring harmony of interests among stakeholders, between conservation and the use of ecosystem services in important wetlands;

b) Activities utilizing ecosystem services of important wetlands shall implement benefit-sharing mechanisms in accordance with the law;

c) Management organizations of protected areas shall share part of the benefits obtained from activities utilizing ecosystem services in wetlands or research results within protected wetlands to serve management and conservation of wetland biodiversity.

2. Parties eligible to share benefits from ecosystem services of important wetlands include:

a) Management organizations of protected wetlands, important wetlands outside protected areas, and state management agencies for wetlands;

b) Communities participating in exploiting and using resources in important wetlands in accordance with the law;

c) Organizations and individuals responsible for participating in conservation and protection activities of important wetlands in accordance with the law;

d) People's Committees at all levels with areas within important wetlands and other related organizations and individuals.

3. Benefit-sharing activities in important wetlands include:

a) Direct exploitation and utilization of values and products from important wetlands, including fishing, aquaculture, logging, and other natural resource exploitation activities;

b) Utilization of intangible values, including: eco-tourism, scientific research and training, promotion of products and images of important wetlands, protected wetlands.

4. Basic contents of the benefit-sharing plan include:

a) Current status of ecosystem services in wetlands, list of shared benefits;

b) Quantification, timing, methods, and measures for exploitation and utilization of ecosystem services;

c) Rights and obligations of beneficiaries;

d) Supervision and evaluation of management, assessment of impacts of exploitation, preventive and mitigating measures for negative impacts and risks during the use of wetland ecosystem services.

5. Responsibilities of parties sharing benefits from wetland ecosystem services:

a) Fulfilling all obligations under the benefit-sharing plan;

b) Implementing preventive and response actions to environmental pollution incidents and degradation of important wetlands when conducting activities in wetlands.

Chapter IV

RESOURCES FOR CONSERVATION AND SUSTAINABLE USE OF IMPORTANT WETLANDS

FLOODS OF SIGNIFICANCE

Article 27. Financial Provisions for Management, Conservation, and Sustainable Use of Wetlands

1. Activities for conservation and sustainable use of wetland areas shall be funded from the following sources:

a) State budget, including central and local budgets allocated according to the provisions of the State Budget Law. Expenditures from the central and local budgets must comply with the provisions of the State Budget Law;

b) Investments and support from domestic organizations and individuals, and foreign organizations and individuals;

c) Revenues from environmental services related to biodiversity, wetland ecosystem services, and profits from activities in wetland areas as prescribed by law.

2. The State shall ensure regular budget funding for the following activities:

a) Implementation of activities on conservation and sustainable use of wetland areas as stipulated in Article 4 of this Decree;

b) Operation of administrative machinery, management activities in wetland conservation zones, Ramsar sites, important wetland areas outside conservation zones, and the national network of Ramsar sites.

3. Regular budget funding from environmental public service funds shall prioritize activities and tasks for conservation and sustainable use of wetland areas.

Article 28. Investment Policies for Conservation and Sustainable Use of Important Wetland Areas

1. The State shall have policies to encourage investment for conservation and sustainable use of important wetland areas, including:

a) Prioritizing support and investment for activities on conservation and sustainable use of wetland areas as stipulated in Article 5 of this Decree;

b) Supporting and investing in activities on conservation and sustainable use of wetland areas within wetland conservation zones, Ramsar sites, important wetland areas outside conservation zones, and buffer zones of wetland conservation zones.

2. The State budget shall support investment in the following activities:

a) Construction, upgrading, and renovation of technical infrastructure for management and conservation, and sustainable use of wetland areas;

b) Investment in development of buffer zones serving conservation and sustainable use of wetland areas within wetland conservation zones, Ramsar sites; sustainable livelihood models in buffer zones of wetland conservation zones, and models for conservation and sustainable use of important wetland areas;

c) Other investment items related to management and conservation, and sustainable use of wetland areas as prescribed by law.

3. The State shall provide incentives for the following activities:

a) Restoration of habitats and living environments for endangered, rare, and precious species; restoration of ecological characteristics of important wetland areas that have deteriorated;

b) Conservation of endangered, rare, and precious species; endangered, rare, and precious species prioritized for protection, and migratory birds and waterbirds in important wetland areas;

c) Transition to environmentally sustainable livelihoods and harmonious coexistence with nature and biodiversity.

Article 29. Development of Human Resources and Mobilization of Community Participation in Conservation and Sustainable Use of Wetland Areas

1. Development of human resources for wetland area management:

a) Strengthening the organizational structure for managing important wetland areas from central to local levels;

c) Improving the management skills of organizations managing wetland conservation zones, community residents, and other parties involved in important wetland areas.

2. Mobilizing community participation in conservation and sustainable use of wetland areas:

a) Organizations, households, and individuals have the right to access natural resources and information related to important wetland areas as prescribed by law; they shall be trained, their awareness raised, and their skills improved in participating in conservation and sustainable use of wetland areas;

b) Promoting management and co-management methods for important wetland areas with the involvement of community residents, authorities at all levels, and relevant parties in conservation and sustainable use of important wetland areas; developing community management models for sustainable use of important wetland areas;

c) Enhancing responsibility and ensuring fair sharing of benefits among communities in conservation and sustainable use of important wetland areas;

d) Preserving and promoting traditional and indigenous values and knowledge in conservation and sustainable use of important wetland areas;

đ) Intensifying promotional activities to raise awareness about conservation and sustainable use of wetland areas among all strata of the population through communication methods prescribed by law, focusing on utilizing new and highly effective communication methods.

Article 30. Resources for Implementing the Ramsar Convention and International Cooperation on Wetland Conservation and Sustainable Use

1. Promote activities and mobilize resources to implement the Ramsar Convention and international cooperation on the conservation and sustainable use of important wetlands through enhancing human resource quality, exchanging experts, training management and scientific staff both domestically and internationally.

2. Mobilize and utilize official development assistance funds and financial support through bilateral, multilateral programs and projects, and international organizations to build models for managing, conserving, and sustainably using important wetlands according to current laws.

Chapter V

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 31. Responsibilities of Central Ministries

a) Serve as the lead agency assisting the Government in uniformly managing state affairs regarding the conservation and sustainable use of wetlands nationwide; guide and inspect the implementation of regulations stipulated in this Decree;

b) Manage national-level wetland conservation areas with an area spanning two or more provinces or centrally-administered cities;

d) Fulfill other responsibilities as prescribed in this Decree.

a) Coordinate with the Ministry of Natural Resources and Environment to manage activities related to the conservation and sustainable use of important wetlands;

b) Provide basic survey data, research results related to wetlands under its jurisdiction to the Ministry of Natural Resources and Environment upon request.

Article 32. Responsibilities of Provincial People's Committees

1. Implement state management over the conservation and sustainable use of wetlands within their jurisdiction; organize the implementation of this Decree and related documents concerning the conservation and sustainable use of wetlands within their jurisdiction.

2. Organize the management of important wetlands under local responsibility; implement measures to prevent changes in the ecological characteristics of wetlands and restore natural wetland ecosystems and important degraded wetlands.

3. Promote education and raise awareness among communities living within and around wetlands and individuals and organizations involved in activities related to important wetlands about environmental protection and biodiversity conservation.

4. Allocate budget funds from local sources to carry out conservation and sustainable use activities of wetlands within their jurisdiction as prescribed.

Article 33. Effective Date

1. This Decree takes effect from September 15, 2019.

2. Decree No. 109/2003/NĐ-CP dated September 23, 2003 of the Government on the Conservation and Sustainable Development of Wetlands ceases to be effective from the date this Decree takes effect.

3. National parks, nature reserves, species and habitat conservation areas, and scenic protection areas included in the list of important wetlands established by competent authorities before the effective date of this Decree do not need to re-establish new conservation areas, manage conservation areas, and are responsible for implementing regulations on conservation and sustainable use of wetlands as prescribed in this Decree.