Circular No. 74/2017/TT-BTNMT on technical regulations for preparing the overall exploitation and sustainable use planning of coastal resources

CIRCULAR

Technical regulations on the preparation of comprehensive exploitation and sustainable use planning for coastal resources
For the purpose of exploiting and sustainably using coastal resources

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Pursuant to the Law on Marine Resources and Environment No. 82/2015/QH13 dated June 25, 2015;

Pursuant to the Decree No. 40/2016/NĐ-CP dated May 15, 2016 of the Government detailing the implementation of certain provisions of the Law on Marine Resources and Environment;

Pursuant to the 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;

At the proposal of the Director General of the Vietnam Sea and Islands Administration, the Head of the Science and Technology Department, and the Head of the Legal Department;

The Minister of Natural Resources and Environment promulgates this Circular on technical regulations for the preparation of comprehensive exploitation and sustainable use planning for coastal resources.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides technical regulations for the preparation of comprehensive exploitation and sustainable use planning for coastal resources nationwide.

Article 2. Applicability

This Circular applies to organizations and individuals related to the preparation of comprehensive exploitation and sustainable use planning for coastal resources.

Chapter II

TECHNICAL REGULATIONS FOR THE PREPARATION OF PLANNING

Article 3. Construction of the Project Description Outline

1. Conduct surveys and evaluations of current information and data at Ministries, agencies equivalent to Ministries, and coastal localities to serve as the basis for constructing the project description and detailed budget estimate; determine the contents and information that need to be surveyed, investigated, and measured; assess human resources and equipment of central-level cities with coasts to determine the level or capacity of local participation in the planning process.

2. Construct the content and detailed budget estimate of the Project Description Outline.

Article 4. Collection of Information and Data and Supplementary Surveys

1. Collection of Information and Data

a) The information and data required for planning include geological, topographical, geomorphological, meteorological, hydrographic, marine, resource, environmental, disaster, climate change impact, sea level rise, socio-economic, demand for resource exploitation and use, relevant plans and programs as specified in the Appendix attached to this Circular;

b) Collected information and data must ensure reliability, high accuracy, and legal recognition;

c) Sources of information and data include statistical yearbooks issued by the General Statistics Office and Provincial Statistics Offices; Ministries, agencies equivalent to Ministries, and coastal provinces and cities; completed and published provincial, ministerial, and state-level research projects; remote sensing images or aerial photographs; other sources.

2. Supplementary Surveys

Based on the information and data needs for planning and the collected information and data, the main unit preparing the plan identifies missing information and data and organizes supplementary surveys.

Article 5. Analysis and Evaluation of Natural Conditions, Resources, and Environment in Coastal Areas

1. Analysis and Evaluation of Natural Conditions in Coastal Areas

a) Analysis and evaluation of natural conditions in coastal areas include analysis and evaluation of geological, topographical, geomorphological, meteorological, hydrographic, and marine conditions in coastal areas as specified in the Appendix attached to this Circular;

b) The results of the analysis and evaluation must identify distinctive features of each area and differences between areas in terms of natural conditions.

2. Analysis and Evaluation of Resources and Environment in Coastal Areas

a) Analysis and evaluation of coastal resources include land resources, water resources, energy resources, mineral resources, oil and gas, biodiversity, coral reef ecosystems, seagrass beds, conservation areas, national parks, heritage sites, cultural and historical values, and other types of resources in coastal areas;

b) Analysis and evaluation of the environment (land, water, air, hotspots of environmental pollution, environmental incidents), and trends in resource and environmental changes in coastal areas;

c) The results of the analysis and evaluation must identify the distribution, area, reserves, current exploitation and management status, biodiversity (if applicable), resource and environmental issues, and trends in resource and environmental changes in coastal areas.

3. Preparation of Specialized Maps on Natural Features and Resources in Coastal Areas

a) Specialized maps must clearly reflect distinctive features and differences between areas in terms of natural conditions in coastal areas; the current distribution of various resources in coastal areas on the map;

b) Specialized maps have a scale of 1:50,000, constructed as a map database based on topographic maps and seabed topographic maps with a scale of 1:50,000 in the national coordinate system VN-2000;

c) Symbols, annotations, and notes on the map are implemented according to existing laws and regulations related to cartographic techniques.

Article 6. Analysis and assessment of economic and social characteristics of coastal areas

1. The analysis and assessment of economic and social characteristics of coastal areas shall include population, labor force, gender, culture, religion, ethnicity, economic sector structure, livelihoods, and other specific features.

2. The results of the analysis and assessment must identify distinctive economic and social characteristics at each locality and specific region within the coastal area.

Article 7. Analysis and assessment of current status and demand for exploitation and utilization of resources in coastal areas

1. Analysis and assessment of the current status of resource exploitation and utilization in coastal areas

a) Analysis and assessment of the current status of resource exploitation and utilization in coastal areas by sectors and coastal localities to meet development needs including infrastructure; tourism; industry; agriculture; forestry; fisheries; transportation; ports and port services; energy; conservation, protection, and restoration of ecosystems, habitats, and biodiversity; national defense and security; other activities;

b) The results of the analysis and assessment must determine the current status of resource exploitation and utilization in coastal areas by sectors and coastal localities to meet economic and social development needs; issues related to resources and the environment in coastal areas caused by resource exploitation and utilization by sectors and localities.

2. Analysis and assessment of demand for resource exploitation and utilization in coastal areas

a) Analysis and assessment of demand for resource exploitation and utilization in coastal areas by sectors and coastal localities for development including infrastructure; tourism; industry; agriculture; forestry; fisheries; transportation; ports and port services; energy; conservation, protection, and restoration of ecosystems, habitats, and biodiversity; national defense and security;

b) The demand for resource exploitation and utilization in coastal areas by sectors and coastal localities is analyzed and assessed based on policies, orientations, overall plans, and strategies for national socio-economic development; Vietnam's maritime strategy; plans, strategies for economic sector development; socio-economic development plans and strategies of central provinces and cities with sea coasts; plans, strategies for marine resource conservation and environmental protection; other relevant plans and strategies.

3. Construction of thematic maps on the current status and demand for resource exploitation and utilization in coastal areas

a) The map has a scale of 1:50,000 and is built in the form of a map database;

b) Requirements for base maps, symbols, annotations, and notes on the map are stipulated in Point b and c Clause 3 Article 5 of this Circular.

Article 8. Analysis and assessment of vulnerability due to climate change impacts and sea level rise on coastal areas

1. Analysis and assessment of the current situation: saline intrusion; flooding; erosion and sedimentation in coastal areas.

2. Compilation and processing of information and data to serve calculations and assessments of vulnerability due to saline intrusion; flooding; erosion and sedimentation in coastal areas under the impact of climate change and sea level rise.

3. Establish mathematical models to serve calculations of saline intrusion; flooding; erosion and sedimentation in coastal areas.

4. Calibration and validation of mathematical models to serve calculations of saline intrusion; flooding; erosion and sedimentation in coastal areas.

5. Establish problems, perform calculations, and assess vulnerability due to saline intrusion; flooding; erosion and sedimentation in coastal areas.

6. Forecasting vulnerability due to the impact of climate change and sea level rise on coastal areas.

Article 9. Analysis and evaluation of current institutional mechanisms and policies related to coastal resource management and environmental protection

1. Analysis and evaluation of current policies, laws, and organizational structures related to coastal resource management and environmental protection, including codes, laws, ordinances, resolutions, decrees, decisions, circulars, and other sub-law documents; international commitments and treaties that Vietnam has joined and signed related to coastal resource management and environmental protection; functions, tasks, and authorities of ministries, ministerial-level agencies, and provincial people's committees with sea-coastal areas related to coastal resource management and environmental protection.

2. The results of analysis and evaluation must identify missing provisions, overlapping regulations, and provisions that are not suitable among existing legal documents.

Article 10. Functional zoning of coastal areas

1. Method for functional zoning of coastal areas

a) Coastal areas are zoned based on their inherent functions through analyzing and evaluating natural conditions; natural resources available in coastal areas; potential, advantages, and benefits of coastal areas for socio-economic development; national defense and security requirements.

b) Functional zones of coastal areas are delineated using grid division methods, assigning weighted scores to grid cells using licensed GIS software.

2. Criteria for functional zoning of coastal areas

a) Uniformity and distinctiveness in natural conditions;

b) Important ecosystems with high biodiversity, home to many endemic, valuable, and rare species prioritized for protection;

c) Cultural and historical heritage sites requiring preservation and conservation;

d) Potential and advantages for economic exploitation and development;

đ) Potential and advantages for national defense and security.

3. Functional zones include types of zones: zones with important ecosystems needing protection and conservation; zones rich in potential and advantages for marine economic sector development such as tourism, industry, fisheries, transportation, ports and port services, energy, and other activities.

4. Construction of a map of functional zoning of coastal areas

a) The map of functional zoning of coastal areas has a scale of 1:50,000;

b) Requirements for base maps, symbols, annotations, and notes on the map are stipulated in Point b and c Clause 3 Article 5 of this Circular.

Article 11. Determination and resolution of overlaps and conflicts in the exploitation and utilization of coastal resources

1. Determining spatial overlaps through map overlay methods

a) Map overlay is carried out using technical tools primarily GIS software, but more advanced technology can be selected and applied if available. Software used for this purpose must be licensed;

b) Overlay thematic maps on natural conditions and resources of coastal areas; current status and demand for resource exploitation and utilization, identifying overlapping areas;

2. Identifying conflicts in resource use within specific coastal areas through matrix table methods

a) Identifying conflicts between the need to conserve and protect resources, ecosystems, cultural-historical values, and socio-economic development needs in coastal areas;

b) Identifying conflicts in resource use demands between different economic sectors in coastal areas;

3. Determining the value of resources and ecosystems in coastal areas through grid division and scoring methods

a) Determining the value of ecosystems and resources through grid division and scoring methods using primarily GIS software;

b) Grid division and scoring principles are based on dividing the coastal area into grid cells and scoring each cell according to ecological value;

c) Evaluation results using grid division and scoring methods classify the coastal area into specific zones with high, medium, and low resource and ecological values.

Article 12. Determining objectives, orientations, and developing comprehensive plans for sustainable exploitation and utilization of resources and environmental protection in coastal areas

1. Determining the objectives and orientations of the planning

a) Determining the general objectives and specific objectives of the planning;

b) Determining the orientations of the planning.

2. Developing comprehensive plans for sustainable exploitation and utilization of resources and environmental protection in coastal areas

a) Determining the main socio-economic development indicators during the planning period related to resources and environment in coastal areas;

b) Determining the demand for resource exploitation and utilization, and environmental requirements in coastal areas for various industries and sectors during the planning period;

c) Synthesizing the demand for resource exploitation and utilization, indicators, and environmental protection requirements in coastal areas, balancing, and determining resource exploitation and utilization indicators to allocate appropriately among various industries and sectors.

3. Evaluating the impact of comprehensive plans for resource exploitation and utilization and environmental protection in coastal areas on economy and society and the environment

a) Evaluating the impact of comprehensive plans for resource exploitation and utilization and environmental protection in coastal areas on the development of various economic sectors in coastal areas;

b) Evaluating the impact of comprehensive plans for resource exploitation and utilization and environmental protection in coastal areas on socio-economic development in coastal localities;

c) Evaluating the impact of comprehensive plans for resource exploitation and utilization and environmental protection in coastal areas on the conservation and preservation of natural resources, ecosystems, cultural and historical values, and national defense and security requirements in coastal areas;

d) Evaluating the impact of comprehensive plans for resource exploitation and utilization and environmental protection in coastal areas on the rational exploitation of marine resources and environmental protection.

Article 13. Zoning for resource exploitation and utilization in coastal areas

1. Zoning for resource exploitation and utilization in coastal areas is carried out based on an ecosystem approach, the results of functional zoning in coastal areas, and through analysis and assessment of current conditions and demands for resource exploitation and utilization in coastal areas; analyzing existing institutional and policy frameworks related to resource management and environmental protection in coastal areas.

2. Methods for zoning resource exploitation and utilization in coastal areas

a) Zoning for resource exploitation and utilization in coastal areas is conducted using methods such as grid division, weighted point allocation using GIS software, and overlaying maps to create conflict matrices in analyzing conflicts between conservation and development, and between different types of development;

b) Assessing the priority levels of activities using coastal areas by overlaying maps to address overlapping areas between economic development planning in coastal areas and the protection and conservation of resources and the environment in coastal areas.

3. Determining criteria for zoning resource exploitation and utilization in coastal areas for needs including conservation, restoration, and protection; coastal protection zones; tourism development; industrial development; port and maritime transport development; urban development; aquaculture; salt production; marine fishing; disposal zones; national defense and security zones; other zones.

4. Coastal space is divided into various zones including: conservation zones, buffer zones, and restoration and protection zones; coastal protection zone; socio-economic development zones (tourism, industry, ports and port services, urban development zones, aquaculture, salt production, marine fishing, and other activities); disposal zones; other types of zones.

5. Proposing regulations for the use of zones including: regulations for the use of conservation zones, buffer zones, and restoration and protection zones; regulations for the use of coastal protection zones; socio-economic development zones (tourism, industry, ports and port services, urban development zones, aquaculture, salt production, marine fishing, and other activities); regulations for the use of disposal zones, national defense and security zones, and other types of zones.

6. Preparing a comprehensive planning map for resource exploitation and utilization in coastal areas

a) The comprehensive planning map for resource exploitation and utilization in coastal areas has a scale of 1:50,000;

b) Requirements for base maps, symbols, annotations, and notes on the planning map according to Points b and c Clause 3 Article 5 of this Circular.

Article 14. Proposing solutions and tasks for implementing the planning

1. The proposed solutions for implementing the planning must be specific actions that are appropriate to Vietnam's economic and social conditions, implementation resources, and have high feasibility.

2. The proposed solutions include: management solutions; scientific and technological solutions; propaganda and raising awareness; training and enhancing capacity; financial solutions and international cooperation.

Article 15. Strategic Environmental Assessment of the Planning

The strategic environmental assessment report of the comprehensive planning for sustainable exploitation and use of coastal resources shall be prepared in the form of a separate report and in accordance with the provisions of the laws on strategic environmental assessment.

Article 16. Main products of the planning process

1. Draft of the comprehensive planning for sustainable exploitation and use of coastal resources.

2. Map and explanatory report of the map of the comprehensive planning for sustainable exploitation and use of coastal resources at a scale of 1:50,000.

3. Implementation plan for the comprehensive planning for sustainable exploitation and use of coastal resources.

4. Strategic environmental assessment report of the comprehensive planning for sustainable exploitation and use of coastal resources.

Chapter III

IMPLEMENTING PROVISIONS

Article 17. Effective Date

This Circular takes effect from February 19, 2018.

Circular No. 19/2011/TT-BTNMT dated June 10, 2011 of the Ministry of Natural Resources and Environment stipulating technical regulations on planning, adjusting resource utilization planning, and protecting marine and island environments shall cease to be effective from the date this Circular takes effect.

Article 18. Responsibility for Implementation