Law on Marine Resources, Environment, and Islands No. 82/2015/QH13

LAW

MARINE RESOURCES, ENVIRONMENT AND ISLANDS

__________

 

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Marine Resources, Environment and Islands.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law regulates comprehensive management of marine resources and environmental protection of the sea and islands; rights, obligations, and responsibilities of agencies, organizations, and individuals in the comprehensive management of marine resources and environmental protection of the sea and islands of Vietnam.

Environmental protection activities, management, exploitation, and utilization of various types of marine resources and islands shall be carried out in accordance with the provisions of relevant laws and ensure consistency with the provisions of this Law.

Article 2. Applicability

This Law applies to agencies, organizations, and individuals engaged in activities related to comprehensive management of marine resources and environmental protection of the sea and islands of Vietnam.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

2. Comprehensive management of marine resources and islands involves planning and implementing policies, mechanisms, and inter-sectoral, inter-regional coordination tools to ensure that marine resources and islands are exploited and utilized effectively, maintain the functions and structure of ecosystems for sustainable development, protect the sovereignty, sovereign rights, and jurisdiction of Vietnam over the sea, and ensure national defense and security.

3. Submerged reef refers to natural land or rock formations surrounded by water that emerge when the tide is low and are submerged when the tide is high.

4. Submerged bank refers to coral reefs, sand bars, or other natural formations protruding above the seabed but still submerged at the lowest tide level.

5. Marine spatial planning is the orientation and organization of space for the use of Vietnamese maritime zones, established and approved according to the provisions of the Law on the Sea of Vietnam.

6. Coastal zone is the transitional area between the mainland or island and the sea, including the coastal waters and coastal land areas.

7. Comprehensive planning for sustainable exploitation and use of coastal resources is the orientation and organization of space for the exploitation and use of various types of resources in the coastal zone.

8. Basic survey of marine resources and environment and islands involves surveying, investigating, analyzing, and evaluating marine resources and environment and islands to provide data on current conditions, determine distribution patterns, potential, qualitative and quantitative characteristics of marine resources and environment and islands.

9. Statistics on marine resources and islands involves investigating, compiling, and assessing the current status of marine resources and islands at the time of statistics and changes between statistical periods.

10. Comprehensive monitoring and surveillance of marine resources and environment and islands involves systematically tracking marine resources and environment and islands, factors affecting marine resources and environment and islands, to provide information, assess the current state of changes in marine resources and environment and islands, and forecast and warn against adverse impacts on marine resources and environment and islands.

11. Risk of marine and island environmental pollution refers to the likelihood of pollution and damage to people, property, resources, living conditions, and socio-economic activities caused by marine and island environmental pollution.

12. Oil spill or toxic chemical leakage incident at sea refers to the release of oil or toxic chemicals from vessels carrying or transporting them, or from facilities, equipment, and oil wells into the sea due to technical failures, natural disasters, accidents, or human actions.

13. Facility owner refers to an individual or head of an agency or organization responsible for all activities related to the exploitation, transportation, transshipment, use of oil and petroleum products, and toxic chemicals.

14. Disposal at sea means intentionally sinking or dumping objects or substances into the sea in accordance with the provisions of this Law.

Article 4. State policy on marine and island resources and environment

1. The State ensures that marine and island resources are managed, protected, exploited, and utilized reasonably, effectively, and sustainably according to strategies, plans, and programs serving economic and social development, protecting national sovereignty, ensuring national defense, and security.

2. The State mobilizes all resources, encourages intensified basic surveys and scientific research on marine and island resources and environment; prioritizes deep seas, distant seas, islands, adjacent international waters, and new resources important for economic and social development, ensuring national defense and security; implements policies to encourage organizations and individuals to participate in sustainable exploitation and utilization of resources and protection of the marine and island environment.

3. Strengthen control over marine and island environmental pollution; enhance the effectiveness of coordination in controlling pollution, preventing, and responding to environmental incidents in the marine and island areas, climate change, and rising sea levels; strictly manage seabed disposal activities.

4. Invest in enhancing monitoring, supervision, and forecasting capabilities regarding marine and island resources and environment; establish an integrated information system and database on marine and island resources and environment to serve marine economic development, national defense, and security.

5. Expand and improve the effectiveness of international cooperation in managing, exploiting, utilizing marine and island resources, and protecting the marine and island environment based on principles of maintaining national independence and sovereignty.

Article 5. Principles of comprehensive management of marine and island resources

1. Marine and island resources must be uniformly managed according to sustainable exploitation and utilization strategies and environmental protection of the marine and island areas; marine use plans; overall exploitation and sustainable utilization planning of coastal resources; protecting national sovereignty, ensuring national defense, and security.

2. Comprehensive management of marine and island resources must be based on an ecosystem approach, ensuring that marine and island resources are exploited and utilized in accordance with the functions of each marine area and within the environmental carrying capacity of marine ecosystems and islands.

3. Comprehensive management of marine and island resources requires close coordination among sectors and levels; creating favorable conditions for local communities, organizations, and individuals related to actively and effectively participate in the management process; ensuring citizens' access to the sea.

Article 6. Participation of local communities, organizations, and individuals related to comprehensive management of resources and protection of the marine and island environment

1. Competent state agencies have the responsibility to ensure convenient and effective participation of local communities, organizations, and individuals related to comprehensive management of resources and protection of the marine and island environment.

2. Competent state agencies have the responsibility to seek opinions from local communities, organizations, and individuals related to during the formulation of sustainable exploitation and utilization strategies and environmental protection of the marine and island areas, overall exploitation and sustainable utilization planning of coastal resources, comprehensive resource management programs, and establishment of coastal protection zones; adopting and explaining opinions from local communities, organizations, and individuals related to.

3. Seeking opinions from local communities, organizations, and individuals related to is carried out through direct methods, written forms, or mass media, electronic information websites of competent state agencies. Adoption and explanation must be publicly disclosed on the electronic information website of competent state agencies.

Article 7. Vietnam Marine Week

Vietnam Marine Week takes place from June 1st to June 8th every year.

Article 8. Prohibited Acts

1. Exploiting and using marine and island resources in violation of laws.

2. Violating planning and plans for marine use, comprehensive exploitation and sustainable use of coastal resources that have been approved and announced by competent state agencies.

3. Taking advantage of basic surveys, scientific research, exploitation and use of marine and island resources to affect national defense, security, national interests, and the legitimate rights and interests of other organizations and individuals.

4. Implementing activities within the coastal protection zone as stipulated in Article 24 and on archipelagos, islands, submerged reefs, and underwater banks that need to be protected and preserved as specified in Clause 2 and Clause 4 of Article 41 of this Law.

5. Destroying or degrading the marine and island environment and ecosystems.

6. Dumping objects or substances in Vietnam's maritime zones without a permit, in violation of laws.

7. Providing, exploiting, and using information and data on marine and island resources and environments in violation of laws.

8. Misusing positions and powers to violate regulations on comprehensive management of marine resources and environmental protection.

Chapter II

STRATEGY FOR SUSTAINABLE EXPLOITATION AND USE OF RESOURCES AND ENVIRONMENTAL PROTECTION IN THE MARINE AND ISLAND AREAS

Article 9. Principles, bases for establishing and duration of the strategy for sustainable exploitation and use of resources and environmental protection in the marine and island areas

1. Principles for establishing the strategy:

a) Consistent with the overall strategies for socio-economic development, the Vietnam Marine Strategy, and the National Environmental Protection Strategy;

b) Meeting the requirements for reasonable and efficient exploitation and use of resources, environmental protection in the marine and island areas, climate change response, and sea level rise; protecting national sovereignty, ensuring national defense and security; preserving and promoting cultural heritage values.

2. Bases for establishing the strategy:

a) Potential of marine and island resources; results of basic surveys of marine and island resources and environments; results of exploration, assessment, and statistics of marine resources and environments; forecasts of the impacts of climate change and sea level rise on marine and island resources and environments;

b) Requirements for the exploitation and use of marine and island resources; demands for environmental protection in the marine and island areas;

c) Results of implementing the previous strategy for sustainable exploitation and use of resources and environmental protection in the marine and island areas.

3. The strategy for sustainable exploitation and use of resources and environmental protection in the marine and island areas is established at the national level for a 20-year period with a vision of 30 years.

Article 10. Contents of the strategy for sustainable exploitation and use of resources and environmental protection in the marine and island areas

1. Views, guiding principles, visions, and goals regarding basic surveys, scientific research, international cooperation, resource exploitation and use, and environmental protection in the marine and island areas to meet the requirements for comprehensive management for sustainable development.

2. Directions, tasks, and overall solutions regarding basic surveys, scientific research, international cooperation, resource exploitation and use, environmental protection in the marine and island areas, and responses to climate change and sea level rise.

3. Programs, projects, tasks to implement the goals of the strategy.

Article 11. Establishment, review, approval, and implementation of strategies for sustainable exploitation and use of resources, protection of marine and island environments

1. The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant ministries, ministerial-level agencies, and provincial people's committees under central city administrations bordering the sea to establish strategies for sustainable exploitation and use of resources, protection of marine and island environments, and submit them to the Government for approval. These strategies must seek opinions from related communities, organizations, and individuals during their establishment and must be reviewed before approval.

2. Ministries, ministerial-level agencies, and provincial people's committees under central city administrations bordering the sea within their respective duties and authorities shall be responsible for reviewing and proposing amendments and supplements to sectoral and local strategies that relate to resource exploitation and use and environmental protection to align with the strategies for sustainable exploitation and use of resources, protection of marine and island environments.

3. The Government shall provide detailed regulations on this Article.

Chapter III

BASIC SURVEY AND SCIENTIFIC RESEARCH ON MARINE RESOURCES AND ENVIRONMENT

Section 1

BASIC SURVEY OF MARINE RESOURCES AND ENVIRONMENT

Article 12. Requirements for basic survey activities on marine resources and environment

1. Ensure the provision of information and data on marine resources and environment to serve management, economic development of the sea, response to climate change, rising sea levels, national sovereignty protection, and national defense and security assurance.

2. Prioritize basic survey activities on marine resources and environment according to the objects and areas surveyed, in accordance with the State's capacity to provide resources at each stage.

3. Base on survey needs, inherit results from previous basic surveys and scientific research in the proposed survey area. Basic survey activities in a marine area must be integrated appropriately with the characteristics of marine and island basic surveys to ensure economy and effectiveness.

4. Survey results must be accepted, approved, handed over, utilized in accordance with the provisions of the law.

Article 13. Basic survey activities on marine resources and environment

1. Basic survey activities on marine resources and environment are carried out through the following projects, programs, and tasks:

a) Projects, programs, and tasks of basic surveys under the key program for basic surveys of marine resources and environment;

b) Projects, programs, and tasks of basic surveys not under the key program for basic surveys of marine resources and environment.

2. Projects, programs, and tasks of basic surveys specified in point a, Clause 1 of this Article include inter-sectoral, inter-regional, deep-sea, distant-sea, and adjacent international sea area basic surveys; basic surveys of islands, discovery of new resources, and basic survey projects, programs, and tasks of significant importance for socio-economic development and national defense and security assurance.

3. Projects, programs, and tasks of basic surveys specified in point b, Clause 1 of this Article shall be established, approved, and organized for implementation by ministries, ministerial-level agencies, government agencies, and provincial people's committees under central city administrations bordering the sea in accordance with the provisions of the law; prior to approval, they must seek opinions from the Ministry of Natural Resources and Environment regarding necessity, survey objects, scope, content, feasibility, and effectiveness; after approval, decisions on approval and information about the location, boundaries, area, and coordinates of the survey region of the projects, programs, and tasks must be sent to the Ministry of Natural Resources and Environment.

Article 14. Priority Program for Basic Survey of Marine and Island Resources and Environment

1. Ministries, ministerial-level agencies, government agencies, provincial People's Committees, centrally governed city People's Committees with coastal areas shall propose projects, plans, tasks based on the basic survey needs of marine and island resources and environment for their sectors, fields, localities, and the provisions of Clause 2, Article 13 of this Law to be submitted to the Ministry of Natural Resources and Environment for consolidation and construction of the priority program for basic survey of marine and island resources and environment.

2. Ministries, ministerial-level agencies, government agencies, provincial People's Committees, centrally governed city People's Committees with coastal areas shall organize the implementation of projects, plans, tasks according to the priority program for basic survey of marine and island resources and environment that have been approved.

3. The Ministry of Natural Resources and Environment shall be responsible for organizing, monitoring, and inspecting the implementation of the priority program for basic survey of marine and island resources and environment that has been approved.

4. The Government shall provide detailed regulations on this matter.

Article 15. Responsibilities of Agencies and Organizations in Basic Survey of Marine and Island Resources and Environment

1. Ministries, ministerial-level agencies, government agencies, provincial People's Committees, centrally governed city People's Committees with coastal areas within their functions and powers shall be responsible for directing and organizing the implementation of activities related to basic survey of marine and island resources and environment in accordance with this Law and relevant laws.

2. Agencies and organizations assigned to implement projects, plans, tasks related to basic survey of marine and island resources and environment shall have the following responsibilities:

a) Implementing approved projects, plans, tasks; technical standards, norms, quotas, unit prices in basic survey of marine and island resources and environment;

b) Ensuring the authenticity and completeness in collecting and compiling information about marine and island resources and environment; keeping information confidential in accordance with the law;

c) Ensuring safety and security at sea, protecting marine and island resources and environment during the implementation of projects, plans, tasks related to basic survey;

d) Submitting reports on survey results to competent authorities for acceptance and submission in accordance with the law.

Article 16. Statistics of Marine and Island Resources

1. Ministries, ministerial-level agencies, government agencies, provincial People's Committees, centrally governed city People's Committees with coastal areas within their functions and powers shall be responsible for statistically recording various types of marine and island resources under their management in accordance with the law on statistics, and submitting the results to the Ministry of Natural Resources and Environment.

2. The Ministry of Natural Resources and Environment shall be responsible for consolidating statistical results of marine and island resources and reporting to the Prime Minister.

Section 2

RESEARCH ON MARINE AND ISLAND RESOURCES AND ENVIRONMENT

Article 17. Scientific Research Activities on Marine and Island Resources and Environment

1. Scientific research activities on marine and island resources and environment shall be carried out through scientific and technological tasks on marine and island resources and environment in accordance with this Law and the law on science and technology.

2. The State shall prioritize investment in scientific and technological tasks on marine and island resources and environment through national science and technology programs on marine and island resources and environment.

3. Scientific research activities of foreign organizations and individuals conducted in Vietnam's territorial waters must comply with conditions and obtain permits in accordance with Vietnamese law.

Article 18. National Science and Technology Program on Marine and Island Resources and Environment

1. The National Science and Technology Program on Marine and Island Resources and Environment includes research topics, projects, and tasks that meet the following criteria:

a) Of significant importance to economic and social development, enhancing the efficiency of sustainable exploitation and utilization of resources, protecting the marine and island environment; promoting scientific and technological potential regarding marine and island resources and environment; ensuring national defense and security;

b) Addressing scientific and technological issues related to marine and island resources and environment involving multiple sectors, fields, regions, and internationally;

c) Serving as a theoretical basis for formulating policies and mechanisms to improve the effectiveness of comprehensive management of resources and protection of the marine and island environment; guiding basic investigation activities on marine and island resources and environment; responding to climate change and rising sea levels;

d) Mobilizing national resources and involving multiple scientific and technological sectors.

2. Agencies, organizations, and individuals proposing scientific and technological tasks on marine and island resources and environment shall submit them to ministries, ministerial-level agencies, government agencies, provincial people's committees under central cities, and other central state agencies in accordance with their respective sectors, fields, and areas of management for consolidation and proposal of scientific and technological tasks to be included in the National Science and Technology Program on Marine and Island Resources and Environment.

3. Based on proposals from ministries, ministerial-level agencies, government agencies, provincial people's committees under central cities, and other central state agencies, the Ministry of Science and Technology, in coordination with the Ministry of Natural Resources and Environment, will consolidate, develop, and commission the implementation of research topics, projects, and tasks within the National Science and Technology Program on Marine and Island Resources and Environment. The determination and organization of the program shall be carried out in accordance with the provisions of the law.

Article 19. Permitting Scientific Research in Vietnam’s Exclusive Economic Zone for Foreign Organizations and Individuals

1. Foreign organizations and individuals conducting scientific research in Vietnam’s exclusive economic zone must satisfy the following conditions:

a) Organizations having legal personality according to the laws of the country where they are established; international organizations being intergovernmental organizations; individuals possessing full civil capacity according to the laws of the country where they hold citizenship;

b) Having independent research needs or cooperating with Vietnam in scientific research; in cases of research in Vietnam’s internal waters and territorial seas, cooperation with Vietnam is required when Vietnam requests it;

c) Conducting scientific research for peaceful purposes; not harming national sovereignty, Vietnam’s defense and security activities; not polluting the marine environment; not hindering lawful activities of organizations and individuals in Vietnam’s exclusive economic zone;

d) Possessing complete application documents as prescribed.

2. The Minister of Natural Resources and Environment shall issue permits for foreign organizations and individuals to conduct scientific research in Vietnam’s exclusive economic zone after soliciting opinions from relevant sectoral ministries, provincial people's committees under central cities, and reaching consensus with the Ministries of Defense, Public Security, Foreign Affairs, and Science and Technology. After issuing the permit, the Ministry of Natural Resources and Environment shall have the responsibility to notify relevant ministries, sectors, and localities to coordinate in management.

3. The competent authority issuing research permits has the right to reissue, extend, amend, supplement, suspend, or revoke the permit documents.

4. The Government shall provide detailed regulations on permitting foreign organizations and individuals to conduct scientific research in Vietnam’s exclusive economic zone.

Article 20. Rights and Obligations of Foreign Organizations and Individuals Conducting Scientific Research in Vietnam's Exclusive Economic Zone

1. Foreign organizations and individuals conducting scientific research in Vietnam's exclusive economic zone shall have the following rights:

a) To conduct scientific research activities in Vietnam's exclusive economic zone according to the content and duration approved by the competent authority;

b) To publish and transfer information and results of scientific research in accordance with Clause 1 and Clause 2 of Article 21 of this Law;

c) To be guided and provided with communication services and facilitated conditions during the process of conducting scientific research in Vietnam's exclusive economic zone.

2. Foreign organizations and individuals conducting scientific research in Vietnam's exclusive economic zone shall have the following obligations:

a) To respect the independence and sovereignty of the Socialist Republic of Vietnam; to only conduct scientific research activities for peaceful purposes; not to engage in other activities outside the scope of scientific research activities approved by the competent authority of Vietnam;

b) To comply with regulations on maritime security and safety; to establish a safe maritime zone around research equipment; to provide maritime signals; to maintain communication and comply with other regulations of Vietnam's maritime law;

c) Not to affect Vietnam's national defense and security activities and lawful basic surveys, scientific research, exploration, exploitation, utilization of marine resources, and environmental protection activities in Vietnam's exclusive economic zone; not to bring weapons, explosives, toxic chemicals, and other means and equipment capable of causing harm to people, resources, and marine environmental pollution into Vietnam's exclusive economic zone, except when explosives and toxic chemicals are permitted for use in scientific research activities by the competent authority;

d) To comply with regulations on environmental protection, restoration, and compensation for damage in accordance with Vietnamese law in cases where scientific research activities cause marine environmental pollution, degradation, and ecosystem decline;

đ) Scientific research activities must be carried out with appropriate methods and means in compliance with Vietnamese law and relevant international laws;

e) To ensure necessary working conditions including costs for at least two scientists appointed by the competent state authority of Vietnam to participate in research;

g) To immediately notify the Ministry of Natural Resources and Environment of any changes in scientific research activities compared to the approved content and duration, and only implement such changes after obtaining written approval from the Minister of Natural Resources and Environment;

h) Upon completion of scientific research activities, foreign organizations and individuals must report preliminary research results to the Ministry of Natural Resources and Environment; within thirty days, except in cases of force majeure or otherwise agreed, they must complete dismantling and removing research equipment and means from Vietnam's exclusive economic zone;

i) Within six months from the end date of the approved scientific research activities, foreign organizations and individuals must submit a formal report on research results and provide original materials and samples to the Ministry of Natural Resources and Environment.

Article 21. Announcing and transferring information and research results of foreign organizations and individuals conducting scientific research in Vietnam's territorial waters

1. Foreign organizations and individuals conducting scientific research in Vietnam's internal waters and territorial sea may only be permitted to announce and transfer information and research results to third parties after obtaining written consent from the Minister of Natural Resources and Environment.

2. Foreign organizations and individuals conducting scientific research in Vietnam's exclusive economic zone and continental shelf may only be permitted to announce and transfer information and research results directly related to exploration and exploitation of resources to third parties after obtaining written consent from the Minister of Natural Resources and Environment.

3. The Minister of Natural Resources and Environment shall decide on permitting the announcement and transfer of information and research results as stipulated in Clause 1 and Clause 2 of this Article after reaching consensus with the Ministry of National Defense, Ministry of Public Security, Ministry of Foreign Affairs, and Ministry of Science and Technology.

Chapter IV

OVERALL EXPLOITATION AND SUSTAINABLE USE PLANNING OF RESOURCES IN THE COASTAL ZONE; COMPREHENSIVE MANAGEMENT PROGRAM OF RESOURCES IN THE COASTAL ZONE

Section 1

COASTAL ZONE AND COASTAL PROTECTION BUFFER ZONE

Article 22. Scope of the coastal zone

1. The scope of the coastal zone is determined based on natural conditions, socio-economic conditions of each area within the coastal zone; characteristics of the interaction process between land or islands and the sea; requirements for protecting the coastal environment, responding to climate change, and rising sea levels; current status and needs for exploiting and using resources in the coastal zone, and other relevant features to organize comprehensive resource management in the coastal zone in accordance with management capacity.

2. The Government shall provide detailed regulations on the scope of the coastal zone as stipulated in Clause 1 of this Article.

Article 23. Coastal protection buffer zone

1. The coastal protection buffer zone is a strip of land adjacent to the coast established in areas requiring protection of ecosystems, maintaining the value of ecosystem services and natural scenery in the coastal zone; reducing coastal erosion, responding to climate change, and rising sea levels; ensuring public access to the sea.

2. Establishing the coastal protection buffer zone must comply with the following principles:

a) It must be based on the requirements and objectives of establishing the coastal protection buffer zone as stipulated in Clause 1 of this Article;

b) Ensuring scientific and objective nature; balancing the requirements of protection and development, taking into account the current status of resource exploitation and utilization in coastal land areas; preserving and promoting cultural heritage values; ensuring feasibility and suitability to local conditions;

c) It must be consistent with legal provisions on dyke systems and maritime border zones; ensuring national defense and security;

d) Clearly defining the boundaries of the coastal protection buffer zone in areas where such buffer zones are established;

e) Ensuring harmony of interests between the State and the legitimate rights and interests of organizations and individuals involved; ensuring transparency and public participation of community members, organizations, and individuals involved in the establishment of the coastal protection buffer zone; ensuring public access to the sea.

3. The width of the coastal protection buffer zone is measured from the long-term average high tide line towards inland or towards the interior of the island.

4. Provincial People's Committees and municipal people's committees under the central government that have a coastline shall be responsible for organizing the establishment, announcement, and management of the coastal protection buffer zone within their jurisdiction based on actual conditions at the local level and the provisions of this Article.

5. The Government shall provide detailed regulations on this matter.

Article 24. Prohibited Activities in Coastal Protection Zones

1. Mining minerals, except in special cases permitted.

2. Constructing new or expanding construction projects, except for projects serving national defense, security, disaster prevention and mitigation, coastal erosion control, climate change adaptation, rising sea levels, cultural heritage conservation and enhancement, and other construction projects serving national and public interests approved by the National Assembly and the Government.

3. Establishing new cemeteries or waste disposal sites.

4. Drilling, digging, or filling within coastal protection zones, except for activities specified in Article 25 of this Law.

5. Illegally occupying or using coastal protection zones without authorization.

6. Engaging in activities causing coastal erosion, degradation of coastal ecosystems, reduction in ecosystem service values, and natural landscape degradation.

Article 25. Restricted Activities in Coastal Protection Zones

1. Within coastal protection zones, the following activities are restricted:

a) Extraction of underground water;

b) Land reclamation and seaward encroachment;

c) Renovation of existing construction projects;

d) Exploration of minerals and oil and gas;

đ) Production, business, and service activities posing risks to degrade coastal ecosystems, reduce ecosystem service values, and natural landscape degradation.

2. The Government shall provide detailed regulations for this Article.

Section 2

OVERVIEW OF THE COMPREHENSIVE PLANNING FOR SUSTAINABLE EXPLOITATION AND USE OF COASTAL RESOURCES

Article 26. Principles and Basis for Comprehensive Planning for Sustainable Exploitation and Use of Coastal Resources

1. Principles for planning:

a) Consistent with strategies for sustainable exploitation and use of resources, marine and island environmental protection, and marine use planning; integrated with resource exploitation and use plans and industry development plans within the coastal area;

b) Ensuring harmony in resource exploitation and use, environmental protection, and sustainable coastal development; safeguarding national sovereignty, ensuring national defense and security;

c) Incorporating requirements for disaster prevention and response, climate change adaptation, and sea level rise;

d) Ensuring transparency and public participation in the planning process; guaranteeing public access to the sea;

đ) Consistent with available resources and ensuring feasibility.

2. Bases for planning:

a) Strategies for sustainable exploitation and use of resources, marine and island environmental protection; marine use planning;

b) Natural conditions, socio-economic status, and specific characteristics of each region within the coastal area, potential resources, current environmental status; forecast impacts of climate change and sea level rise;

c) Basic survey results on coastal resources and environment; statistics on coastal resources;

d) Requirements for resource exploitation and use and demands for environmental protection in the coastal area;

đ) Results of previous comprehensive planning for sustainable exploitation and use of coastal resources.

Article 27. Scope, Content, and Planning Period for Comprehensive Planning for Sustainable Exploitation and Use of Coastal Resources

1. Comprehensive planning for sustainable exploitation and use of coastal resources shall be developed for the entire coastal area of the country.

2. Content of the master plan:

a) General assessment of natural conditions, socio-economic status, and environment; current status of coastal resources; trends in resource and environmental changes, forecast impacts of climate change and sea level rise on coastal resources and environment; requirements for resource exploitation and use and demands for environmental protection in the coastal area;

b) Determination of objectives, directions, and formulation of overall schemes for sustainable exploitation and use of resources and environmental protection in the coastal area;

c) Zoning for resource exploitation and use in the coastal area; marine areas designated for disposal according to the principles stipulated in Article 33 of this Law;

d) Implementation measures and programs for the planning.

3. The planning period for comprehensive planning for sustainable exploitation and use of coastal resources shall cover a ten-year phase with a twenty-year outlook.

Article 28. Adjustment of the Comprehensive Plan for Sustainable Exploitation and Utilization of Coastal Resources

1. The adjustment of the Comprehensive Plan for Sustainable Exploitation and Utilization of Coastal Resources shall be carried out in the following cases:

a) There is a change in the strategy for sustainable exploitation and utilization of resources, environmental protection of the sea and islands, or marine spatial planning that alters the content of the approved plan;

b) Due to the impact of natural disasters, war, or environmental incidents that alter the content of the approved plan.

2. The content of the adjustment of the Comprehensive Plan for Sustainable Exploitation and Utilization of Coastal Resources is part of the Comprehensive Plan for Sustainable Exploitation and Utilization of Coastal Resources that has been approved.

Article 29. Establishment, Review, Approval, and Adjustment of the Comprehensive Plan for Sustainable Exploitation and Utilization of Coastal Resources

1. The Ministry of Natural Resources and Environment shall take the lead and coordinate with ministries, ministerial-level agencies, provincial People's Committees, and centrally-administered city People's Committees with coastlines to establish and submit the Comprehensive Plan for Sustainable Exploitation and Utilization of Coastal Resources to the Government for approval and adjustment.

2. The Comprehensive Plan for Sustainable Exploitation and Utilization of Coastal Resources must be reviewed according to the laws on planning before approval.

3. The Government shall provide detailed regulations on this Article.

Article 30. Soliciting Opinions and Announcing the Comprehensive Plan for Sustainable Exploitation and Utilization of Coastal Resources

1. Soliciting opinions during the establishment of the Comprehensive Plan for Sustainable Exploitation and Utilization of Coastal Resources:

a) The Ministry of Natural Resources and Environment is responsible for organizing the solicitation of opinions from relevant agencies, organizations, individuals, and community residents;

b) The solicitation of opinions shall be conducted through meetings, written forms, direct and public consultations on the Government’s, the Ministry of Natural Resources and Environment’s, and the provincial People's Committee’s websites of centrally-administered cities with coastlines. The period for public consultation on the website for soliciting opinions shall be at least 90 days;

c) The Ministry of Natural Resources and Environment is responsible for compiling a summary report, incorporating and explaining opinions; and publicly announcing it on the Government’s, the Ministry of Natural Resources and Environment’s, and the provincial People's Committee’s websites of centrally-administered cities with coastlines.

2. Within thirty days from the date the Comprehensive Plan for Sustainable Exploitation and Utilization of Coastal Resources is approved by the Government, the Ministry of Natural Resources and Environment is responsible for announcing and publicly disclosing the plan throughout the planning period.

Article 31. Implementation of the Comprehensive Plan for Sustainable Exploitation and Utilization of Coastal Resources

1. The Ministry of Natural Resources and Environment shall take the lead and coordinate with ministries, ministerial-level agencies, and provincial People's Committees, and centrally-administered city People's Committees with coastlines to organize and inspect the implementation of the Comprehensive Plan for Sustainable Exploitation and Utilization of Coastal Resources.

2. Ministries, ministerial-level agencies, and provincial People's Committees, and centrally-administered city People's Committees with coastlines are responsible for organizing the implementation of the Comprehensive Plan for Sustainable Exploitation and Utilization of Coastal Resources.

3. Organizations and individuals related to the exploitation and utilization of coastal resources are responsible for complying with the Comprehensive Plan for Sustainable Exploitation and Utilization of Coastal Resources.

Article 32. Relationship between the overall planning for sustainable exploitation and utilization of coastal resources and sectoral and local resource exploitation and utilization plans

1. Sectoral and local development plans related to the exploitation and utilization of coastal resources must ensure consistency with the approved overall planning for sustainable exploitation and utilization of coastal resources.

2. Ministries, ministerial-level agencies, and provincial People's Committees under the central government located within the scope of their duties and authority shall be responsible for reviewing, proposing, amending, and supplementing sectoral and local development plans related to the exploitation and utilization of coastal resources to align them with the approved overall planning for sustainable exploitation and utilization of coastal resources.

Article 33. Principles for zoning in the exploitation and utilization of coastal resources

1. Comprehensive consideration and assessment of natural resources, environmental conditions, geographical characteristics of the area, and current status of coastal land use; the role of the proposed zoned area in economic and social development, national defense, security, cultural heritage preservation and promotion, environmental protection, and marine ecosystems.

2. Ensuring comprehensiveness; harmonizing the needs for resource exploitation and utilization with requirements for resource, environmental, and ecosystem protection; balancing short-term and long-term interests of organizations and individuals exploiting and utilizing resources with those of the State and community, prioritizing long-term benefits and community interests; ensuring public access to the sea; ensuring national defense, security, maritime traffic safety.

3. Based on the assessment results, clearly define priority areas and levels in resource exploitation and utilization, select optimal zoning schemes to ensure harmony between economic development and environmental protection, marine and island ecosystems, serving sustainable coastal development, protecting national sovereignty, and ensuring national defense and security.

Section 3

CHAPTER COMPREHENSIVE MANAGEMENT PROGRAM FOR COASTAL RESOURCES

Article 34. Scope and Content of the Comprehensive Management Program for Coastal Resources

1. The comprehensive management program for coastal resources includes programs with inter-provincial scopes and programs within the management scope of provinces and centrally-administered cities with coastlines.

2. The comprehensive management program for coastal resources shall be established for coastal areas in the following cases:

a) Where there are many resource exploitation and utilization activities leading to conflicts or potential conflicts of interest requiring coordination and participation from multiple levels, sectors, and communities to resolve;

b) Where natural resources and the values of ecological systems in coastal areas are at risk of severe decline due to resource exploitation and utilization activities; areas at high or very high risk of pollution;

c) Areas of significant importance for economic and social development, national defense, security, cultural heritage preservation and promotion, environmental protection, and ecological systems that are vulnerable to climate change and rising sea levels.

3. The comprehensive management program for coastal resources includes the following contents:

a) Objectives of the program;

b) Issues to be addressed and their priority order for comprehensive management; indicators to evaluate the implementation results of the program;

c) Specific solutions and tasks to implement the program;

d) Resources for implementing the program.

Article 35. Principles and Basis for Establishing and Adjusting the Integrated Management Program for Coastal Resources

1. Principles for Establishing and Adjusting the Integrated Management Program for Coastal Resources:

a) Ensuring the resolution of conflicts and contradictions regarding benefits in the exploitation and utilization of resources, harmonizing interests among related parties;

b) Ensuring the participation of related parties in the process of establishing the integrated management program for coastal resources;

c) Ensuring practicality and feasibility during the implementation process.

2. Basis for Establishing the Integrated Management Program for Coastal Resources:

a) The overall planning for sustainable exploitation and utilization of coastal resources;

b) The current status of resource exploitation and utilization and environmental conditions in the coastal area within the scope of the program;

c) Financial, human, scientific, and technological capabilities.

3. The Integrated Management Program for Coastal Resources shall be adjusted when there is a change in any of the bases stipulated in Clause 2 of this Article that alters the objectives and content of the Integrated Management Program for Coastal Resources.

Article 36. Establishment, Review, Approval, and Adjustment of the Integrated Management Program for Coastal Resources

1. The Ministry of Natural Resources and Environment shall take the lead and coordinate with ministries, ministerial-level agencies, and provincial/municipal people's committees directly under the central government with coastlines to establish and submit the program.

2. Provincial/municipal people's committees directly under the central government with coastlines shall organize the establishment and adjustment of the Integrated Management Program for Coastal Resources within their jurisdiction; seek written opinions from the Ministry of Natural Resources and Environment before approval.

3. The Integrated Management Program for Coastal Resources must be reviewed prior to approval.

4. The Government shall provide detailed regulations on this matter.

Article 37. Soliciting Opinions and Announcing the Integrated Management Program for Coastal Resources

1. Soliciting Opinions During the Establishment of the Integrated Management Program for Coastal Resources:

a) The agency responsible for establishing the program shall organize the solicitation of opinions from relevant agencies, organizations, individuals, and community residents;

b) The solicitation of opinions shall be conducted through meetings, written forms, direct consultations, and public announcements on the information website of the agency establishing the program. The announcement period on the information website for programs affecting multiple provinces shall be at least 90 days, while for programs within the jurisdiction of provincial/municipal people's committees directly under the central government with coastlines, it shall be at least 60 days.

2. The Integrated Management Program for Coastal Resources must be announced within thirty days from the date of approval.

Article 38. Implementation of the Integrated Management Program for Coastal Resources

1. The Ministry of Natural Resources and Environment shall take the lead in organizing the implementation of the Integrated Management Program for Coastal Resources affecting multiple provinces. Ministries, ministerial-level agencies, and provincial/municipal people's committees directly under the central government with coastlines shall cooperate with the Ministry of Natural Resources and Environment in implementing the Integrated Management Program for Coastal Resources affecting multiple provinces.

2. Provincial/municipal people's committees directly under the central government with coastlines shall organize the implementation of the Integrated Management Program for Coastal Resources they have approved.

Chapter V

MANAGEMENT OF MARINE AND ISLAND RESOURCES

Article 39. Management Requirements for Marine and Island Resources

1. Marine and island resources must be managed uniformly according to the strategy for sustainable exploitation and use of resources and environmental protection in the sea and islands; marine use plans; overall planning for sustainable exploitation and use of coastal resources, and provisions set forth in this Chapter.

2. Islands must be comprehensively investigated and assessed regarding natural conditions, resources, and environment; statistics and classification must be conducted to establish files and guide rational and effective exploitation and use of resources to serve economic and social development, protect national sovereignty, ensure national defense and security, respond to climate change and rising sea levels, and preserve and promote cultural heritage values.

3. Ensure harmony between resource exploitation and utilization needs and requirements for conservation, development, and environmental protection, as well as ecological systems.

Article 40. Establishment and Management of Marine and Island Resource Files

1. Islands are classified for protection, conservation, and resource exploitation and utilization according to the Government's regulations.

2. The marine and island resource file includes:

a) An abstract form containing: name or code number of the island; type of island; location, coordinates, area; process of exploitation and use of the island;

b) A map clearly showing the location, coordinates, and boundaries of the island;

c) Results of comprehensive investigation and assessment of marine and island resources and environment;

d) A record book tracking changes in marine and island resources and environment, and other related information.

3. Provincial People's Committees and municipal people's committees under the central government with jurisdiction over the sea are responsible for establishing and managing marine and island resource files within their localities.

4. The Minister of Natural Resources and Environment shall provide detailed regulations on marine and island resource files and guidelines for their establishment and management.

Article 41. Exploitation and Utilization of Marine and Island Resources

1. The exploitation and utilization of resources in archipelagos and islands shall be carried out in accordance with the regulations stipulated in this Law and relevant laws concerning the exploitation and utilization of resources on land.

2. For archipelagos and islands, protection and conservation shall be strictly enforced, except in cases provided for in Clause 5 of this Article, prohibiting the following activities:

a) Construction of new buildings; installation of equipment;

b) Actions that alter topography, geomorphology, and soil quality;

c) Excavation, filling, land and rock transformation; extraction of minerals and underground water; removal of natural formations from archipelagos and islands;

d) Clearing land, cutting trees, damaging vegetation cover; removal of wild plants from archipelagos and islands;

đ) Hunting, removal of animals from archipelagos and islands; grazing livestock, introduction of alien species to archipelagos and islands;

e) Disposal or introduction of waste onto archipelagos and islands.

3. The exploitation and utilization of resources in submerged and emergent banks and underwater reefs must be permitted by competent state agencies in accordance with this Law, relevant laws, and international treaties to which the Socialist Republic of Vietnam is a party.

4. For submerged and emergent banks and underwater reefs, protection and conservation shall be strictly enforced, except in cases provided for in Clause 5 of this Article, prohibiting the following activities:

a) Construction of new buildings; installation of equipment;

b) Actions that alter topography and geomorphology;

c) Clearing land, excavation, filling, land and rock transformation; extraction of minerals; removal of natural formations from submerged and emergent banks and underwater reefs;

d) Disposal or introduction of waste onto submerged and emergent banks and underwater reefs.

5. The activities specified in Clauses 2 and 4 of this Article may be carried out in the following cases:

a) To serve the national defense and security purposes of the Socialist Republic of Vietnam; to perform state administrative tasks;

b) To serve scientific research, investigation, survey, and evaluation of natural conditions, resources, and environment, upon permission from competent state agencies; to implement state programs, projects, and plans;

c) To prevent natural disasters, rescue, and emergency response;

d) Other cases require approval by the Prime Minister.

Chapter VI

CONTROL OF POLLUTION, RESPONSE TO OIL AND TOXIC CHEMICAL SPILLS, AND SINKING IN THE SEA

Section 1

ENVIRONMENTAL POLLUTION CONTROL IN THE SEA AND ON ISLANDS

Article 42. Principles for controlling marine and island environmental pollution

1. Control of marine and island environmental pollution must be carried out continuously, prioritizing preventive work; promptly addressing and effectively remedying pollution conditions, environmental incidents, and degradation of marine and island environments.

2. Marine areas must be zoned for pollution risk to implement effective measures for controlling marine and island environmental pollution.

3. Discharge sources from land, activities at sea and on islands, waste of unknown origin, and transboundary waste must be controlled. The control of discharge sources and waste should take into account the environmental carrying capacity of marine and island areas.

4. Effectively respond to marine environmental incidents, promptly preventing the spread of pollution during marine environmental incidents.

5. Closely coordinate among sectors, levels, organizations, and individuals related to controlling marine and island environmental pollution.

Article 43. Contents of controlling marine and island environmental pollution

1. Investigate, compile statistics, classify, and assess discharge sources from land, activities at sea and on islands; the condition of marine and island environmental pollution.

2. Regularly monitor and evaluate the current water quality, sediment, ecosystems, and biodiversity of marine and island areas.

3. Investigate and assess the environmental carrying capacity of marine and island areas in high or very high pollution risk zones; announce marine and island areas that can no longer accept waste.

4. Prevent, detect, address, and remedy pollution and degradation of the environment, marine and island ecosystems; improve and restore polluted and degraded marine and island environments and ecosystems.

5. Determine the level of marine and island environmental pollution risk; zone risks and create maps of marine and island environmental pollution risk zones.

6. Respond to and remedy marine environmental incidents.

7. Issue permits and control seabed disposal activities.

8. Coordinate between Vietnamese state agencies and foreign agencies and organizations in sharing information and assessing marine water quality; control cross-border marine environmental pollution according to the law.

9. Publicize marine and island environmental pollution risk zones; provide information about water and sediment environments of marine and island areas.

Article 44. Responsibilities for investigating and evaluating marine and island environments

1. The Ministry of Natural Resources and Environment, ministries, ministerial-level agencies, People's Committees of provinces and centrally governed cities with coastlines within their duties and powers have the responsibility to monitor and assess the condition of marine and island environmental pollution, current water quality, sediment, ecosystems, and biodiversity of marine and island areas; investigate, compile statistics, classify, and assess discharge sources from land, activities at sea and on islands according to the law on environmental protection.

2. The Ministry of Natural Resources and Environment has the responsibility to investigate and assess the environmental carrying capacity of marine and island areas in high or very high pollution risk zones; announce marine and island areas that can no longer accept waste; publicize marine and island environmental information according to the law.

Article 45. Control of marine environmental pollution from marine activities

1. Hazardous waste generated from marine activities must be collected, sorted, stored, transported, and treated in accordance with laws on environmental protection.

2. Marine structures and equipment that have exceeded their service life and are not to be reused must be dismantled, transported to land, or disposed of according to this Law and relevant laws.

3. The owners of vessels transporting, storing fuel, oil, chemicals, radioactive materials, toxic substances, and other substances that may cause marine environmental incidents must have preventive and response plans for such incidents; ensure that there is no leakage, loss, or spillage of fuel, oil, chemicals, radioactive materials, toxic substances, and other substances that may cause marine environmental incidents.

4. Wastewater from ships, drilling platforms, oil and gas extraction facilities, and other marine structures and equipment; oil sludge and sludge containing harmful compounds from oil and gas exploration and extraction must be treated to meet technical environmental standards before being discharged into the sea.

5. Ballast water, washing water, and bilge water must be treated to meet technical environmental standards and shall not be diluted to meet these standards before being discharged into the sea.

6. The discharge of ballast water, washing water, bilge water, and wastewater from ships must comply with Vietnam's laws on maritime transport, environmental protection, related domestic laws, and international treaties to which the Socialist Republic of Vietnam is a party.

7. Solid waste generated from ships, drilling platforms, oil and gas extraction facilities, and other marine structures and equipment must be strictly managed in accordance with the law; dredged material from shipping channels and ports must be transported to land or disposed of according to this Law and relevant laws.

8. Seaports must have systems for receiving and treating domestic waste and oil residues from marine vessels.

9. Floating waste on the sea surface and along the coast must be collected, sorted, and treated in accordance with laws on environmental protection and related laws.

Article 46. Control of marine environmental pollution from land

1. Waste generated from production, business, and daily activities on land before being discharged into the sea must be treated to meet technical environmental standards.

2. The location of wastewater discharge points that have been treated and discharged into the sea must be determined based on the natural conditions of the discharge area; dynamic, environmental, ecological, and biodiversity conditions; resource sources and current exploitation and utilization status of the marine area. Discharge points for treated wastewater into marine conservation areas, bathing beaches, scenic spots along the coast must be evaluated, considered, and handled in accordance with laws on environmental protection.

3. Production, business, and service establishments in coastal areas and on islands must have adequate facilities and equipment to treat waste to meet technical environmental standards; they must regularly report to competent state management agencies about the current status of waste treatment and discharge into the sea as stipulated by the Minister of Natural Resources and Environment.

4. Pollution sources from river basins discharging into the sea must be investigated, assessed, and strictly controlled.

Article 47. Control of Transboundary Marine Environmental Pollution

1. Ministries, ministerial-level agencies, provincial People's Committees under the central government located in coastal areas shall be responsible for organizing monitoring, promptly detecting, preventing, and reporting transboundary marine environmental pollution to the Ministry of Natural Resources and Environment within their respective duties and powers.

2. The Ministry of Natural Resources and Environment shall be the lead agency for controlling transboundary marine environmental pollution, responsible for taking the initiative and coordinating with the Ministry of Foreign Affairs, the Ministry of National Defense, the Ministry of Science and Technology, and other relevant ministries and ministerial-level agencies, provincial People's Committees under the central government to identify pollution sources, develop remediation plans.

3. Within their respective duties and powers, the Ministry of Foreign Affairs and the Ministry of Natural Resources and Environment shall be responsible for coordinating and cooperating with countries and related organizations in handling and remedying transboundary marine environmental pollution.

Article 48. Zoning of Marine and Island Environmental Pollution Risks

1. Zoning of marine and island environmental pollution risks includes the following activities:

a) Monitoring, investigating, collecting, updating, tracking, supervising, compiling, processing information and data on marine and island environments;

b) Assessing marine and island environmental pollution risks;

c) Determining and mapping zones of marine and island environmental pollution risks.

2. The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant ministries and ministerial-level agencies, provincial People's Committees under the central government located in coastal areas to guide, determine, assess, and zone marine and island environmental pollution risks.

Article 49. Grading of Marine and Island Environmental Pollution Risks

1. Marine and island environmental pollution risks are classified into levels. The grading of marine and island environmental pollution risks serves as the basis for formulating effective measures to control such pollution.

2. Zones of marine and island environmental pollution risks are classified into the following levels:

a) Low-risk zone;

b) Medium-risk zone;

c) High-risk zone;

d) Very high-risk zone.

3. Criteria for grading zones of marine and island environmental pollution risks include:

a) Degree of pollution or risk of pollution to marine and island environments;

b) Scope of impact;

c) Environmental sensitivity; potential harm to human health, marine and island ecosystems, and resource exploitation and utilization activities in marine and island areas.

4. The Minister of Natural Resources and Environment shall detail criteria for grading zones of marine and island environmental pollution risks. The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant ministries and ministerial-level agencies and provincial People's Committees under the central government located in coastal areas to map zones of marine and island environmental pollution risks, and submit them for approval.

Article 50. Evaluation of Results of Marine and Island Environmental Pollution Control Activities

1. The results of marine and island environmental pollution control activities must be evaluated through a set of indicators.

2. The Ministry of Natural Resources and Environment, relevant ministries and ministerial-level agencies, provincial People's Committees under the central government located in coastal areas shall be responsible for evaluating the results of marine and island environmental pollution control activities within their respective duties and powers; publicly disclosing evaluation results on their electronic information websites.

3. The Minister of Natural Resources and Environment shall detail the set of indicators and the process of evaluating the results of marine and island environmental pollution control activities.

Article 51. Environmental Status Reports on the Sea and Islands

1. Environmental status reports on the sea and islands include national environmental status reports on the sea and islands, provincial and centrally governed city environmental status reports on the sea and islands, and thematic environmental status reports on the sea and islands.

2. The contents of the report, the period for preparing the report, the authority and responsibility for preparing the report shall be carried out in accordance with the provisions of the law on environmental protection.

Section 2

RESPONSE AND REMEDY FOR OIL AND TOXIC CHEMICAL SPILLS IN THE SEA

Article 52. Principles for Response and Remediation of Oil and Toxic Chemical Spills in the Sea

1. Responding to and remedying oil and toxic chemical spills in the sea is the responsibility of agencies, organizations, and individuals.

2. Emphasis should be placed on preventive work, actively developing plans, investing in equipment, materials, and human resources to be ready to respond when oil and toxic chemical spills occur in the sea.

3. Oil and toxic chemical spills in the sea must be classified to assign response responsibilities.

4. Information about oil and toxic chemical spills in the sea must be reported and handled promptly.

5. Mobilize all available resources for response activities; ensure unified command, coordination, effective cooperation, and close collaboration among forces, means, and equipment participating in response activities for oil and toxic chemical spills in the sea, prioritizing actions to rescue victims.

6. Ensure safety and prevent fires during response activities.

7. The entity causing the oil and toxic chemical spill in the sea must bear the responsibility for remedying the incident, restoring the environment, and compensating for losses caused by the spill according to the provisions of the law.

8. Prevention, remediation, and handling of oil and toxic chemical spills in the sea shall be carried out in accordance with the provisions of the law on environmental protection and related laws.

Article 53. Classification of Response to Oil and Toxic Chemical Spills in the Sea

1. Response to oil and toxic chemical spills in the sea is implemented at three levels: facility-level response, regional-level response, and national-level response.

2. Facility-level response:

a) When the incident occurs at the facility, the facility owner must organize, command, mobilize forces, means, and equipment to implement timely response, while immediately reporting to the management agency, the People's Committee of the province or centrally governed city where the incident occurred; if the incident exceeds their capacity and resources, they must promptly report to the management agency and the People's Committee of the province or centrally governed city where the incident occurred for assistance.

b) In cases of serious environmental pollution incidents or incidents occurring in priority protection areas or high-risk marine pollution zones, the facility owner must report to the People's Committee of the province or centrally governed city where the incident occurred and the National Committee for Search and Rescue for direction and prompt response.

3. Regional-level response: When the incident exceeds the facility's response capacity, the cause of the incident has not been identified, or the cause is unclear, the Chairman of the People's Committee of the province or centrally governed city where the incident occurred shall directly chair and direct the response, and simultaneously have the authority to urgently mobilize necessary resources from facilities, ministries, and sectors within the area to respond.

4. National-level response:

a) When the incident exceeds the local response capacity, the People's Committee of the province or centrally governed city where the incident occurred must promptly report to the National Committee for Search and Rescue to directly direct and coordinate with relevant agencies to organize the response.

b) When the incident exceeds the response capacity of domestic forces, the National Committee for Search and Rescue shall make recommendations.

c) In cases of particularly severe environmental pollution incidents, the provisions of the law on emergency situations shall apply.

Article 54. Determination and Announcement of Restricted Areas for Operations

1. In cases where it is necessary to facilitate rescue, disaster relief, and emergency response operations, the agency or person in charge of the emergency response may propose the establishment of restricted areas to prioritize such activities.

2. The determination and announcement of restricted areas to prioritize rescue, disaster relief, and emergency response operations at the local level shall be considered and decided by the People's Committee of the province or centrally governed city with a coastline where the incident occurred, based on the proposal of the agency or person in charge of the emergency response.

3. The Government shall provide detailed regulations on the determination and announcement of restricted areas to prioritize rescue, disaster relief, and emergency response operations.

Article 55. Temporary Suspension of Operations for Facilities Causing Oil Spills and Toxic Chemical Leaks at Sea

In cases where facilities causing incidents hinder the remediation of the incident and the investigation and determination of the cause of the incident, the ministries, ministerial-level agencies, or the People's Committee of the province or centrally governed city with a coastline shall decide to temporarily suspend operations at these facilities based on their respective duties and authorities.

Article 56. Responsibilities in Responding to Oil Spills and Toxic Chemical Leaks at Sea

1. The National Committee for Search and Rescue shall have the following responsibilities:

a) To take the lead in directing and organizing the implementation of the national plan for responding to incidents within the entire country after approval;

b) To direct within its authority and mobilize forces and means from relevant ministries, sectors, localities, and regional emergency response centers to respond to incidents within its scope of responsibility;

c) To coordinate with the competent authorities of related countries to handle incidents occurring in Vietnam’s territorial waters or adjacent waters, and report.

2. The Ministry of Natural Resources and Environment shall have the following responsibilities:

a) To take the lead and coordinate with the Ministry of Industry and Trade, the National Committee for Search and Rescue, and relevant ministries and sectors in drafting and submitting;

b) To coordinate with the National Committee for Search and Rescue and relevant ministries, sectors, and localities in responding to oil spills and toxic chemical leaks at sea.

3. The Ministry of Foreign Affairs shall have the following responsibilities:

a) To direct the agencies under the ministry and Vietnamese representative offices abroad to cooperate in handling procedures for Vietnamese emergency response units participating in international support and foreign support forces in Vietnam when requested by the National Committee for Search and Rescue;

b) To coordinate with the National Committee for Search and Rescue and relevant ministries and sectors through diplomatic channels to exchange information, transfer cooperation requests, or seek assistance in responding to incidents when incidents occur in foreign territories, waters affecting Vietnam, or in Vietnam’s territorial waters affecting other countries.

4. The Ministry of National Defense shall have the responsibility to coordinate and unify with the National Committee for Search and Rescue in developing and implementing plans to combine the use of forces and means of the Navy, Air Force, Border Guard, Coast Guard, and other military forces in performing defense tasks, monitoring, detecting incidents, and being ready to participate in responding to incidents according to operational areas.

5. Relevant ministries and sectors shall have the responsibility to direct agencies and units under their jurisdiction to promptly organize forces and means to participate in responding to oil spills and toxic chemical leaks at sea when mobilized by the National Committee for Search and Rescue and competent authorities.

6. The People's Committee of the province or centrally governed city with a coastline shall have the responsibility to approve and organize the implementation of the emergency response plan; promptly direct the response to oil spills and toxic chemical leaks at sea within their management area.

7. The owner of the facility causing the oil spill or toxic chemical leak at sea must implement urgent measures to mobilize manpower, material resources, and means to respond to the incident; ensure safety for people and property; organize rescue efforts for people and property; promptly inform the local government and competent authorities about the occurrence of the incident.

Section 3

SUBMERGED AT SEA

Article 57. Requirements for Submarine Disposal

1. Submarine disposal may only be carried out when authorized by the competent state management agency in accordance with this Law.

2. Objects and substances generated outside the territory of Vietnam shall not be permitted to be disposed of in Vietnam's territorial waters.

3. The marine area used for disposal must be consistent with the marine space utilization plan and the overall sustainable exploitation and utilization plan for coastal resources.

4. Submarine disposal shall not cause harmful impacts on human health or the country's economic development potential; adverse effects on the environment and marine ecosystems shall be minimized to the greatest extent possible.

5. Submarine disposal activities must be strictly managed and controlled.

Article 58. Objects and Substances Subject to Submarine Disposal

1. Objects and substances subject to submarine disposal must meet the following conditions:

a) They must not contain radioactive materials or toxic substances exceeding radiation safety technical standards and environmental technical standards;

b) They must be treated to meet environmental technical standards and ensure that they do not have harmful impacts on human health, the environment, ecosystems, or aquatic resources;

c) They cannot be discharged, stored, or treated on land, or discharging, storing, or treating them on land would be economically and socially ineffective;

d) They must be included in the List of Objects and Substances Subject to Submarine Disposal.

2. The Government shall specify the List of Objects and Substances Subject to Submarine Disposal.

Article 59. Marine Disposal Permit

1. A Marine Disposal Permit shall include the following main contents:

a) Name of the organization or individual granted the Marine Disposal Permit;

b) Name, volume, dimensions, and composition of the object to be disposed of; name, type, volume, and composition of the substance to be disposed of;

c) Location, boundaries, coordinates, and area of the marine zone to be used for disposal;

d) Transport means and method of disposal;

đ) Time point and duration allowed to carry out the disposal activity;

e) Obligations of the organization or individual granted the Marine Disposal Permit;

g) Effective date.

2. The validity period of the Marine Disposal Permit shall be determined based on the objects and substances to be disposed of, the scale and nature of the disposal activity, and the marine area used for disposal, but shall not exceed two years and may be extended once, but not more than one year.

Article 60. Issuance, Reissuance, Extension, Amendment, Supplement, Permission to Return, Revocation of Marine Disposal Permit

1. The Minister of Natural Resources and Environment shall issue the Marine Disposal Permit where the marine area used for disposal includes part or all of the area beyond the nearshore waters or the marine area adjacent between two provinces or centrally governed cities with sea coast, as stipulated in Clause 1 of this Article.

2. The People's Committee of a province or centrally governed city with sea coast shall issue the Marine Disposal Permit within its jurisdictional nearshore waters, except in cases under the authority of the Minister of Natural Resources and Environment as provided for in Clause 1 of this Article.

3. The authority issuing the Marine Disposal Permit has the right to reissue, extend, amend, supplement, permit return, and revoke such permit.

4. The Government shall provide detailed regulations on the issuance, reissuance, extension, amendment, supplementation, permission to return, and revocation of the Marine Disposal Permit.

Article 61. Rights and Obligations of Organizations and Individuals Granted a Permit for Marine Disposal

1. Organizations and individuals granted a permit for marine disposal have the following rights:

a) To dispose of materials in the sea according to the contents of the marine disposal permit;

b) To be protected by the State in their lawful rights and interests;

c) To request organizations and individuals whose actions cause damage to their lawful rights and interests in marine disposal to compensate for such damage in accordance with the law;

d) To propose the competent state management agency to reissue, extend, amend, supplement, or return the marine disposal permit in accordance with the law;

đ) To lodge complaints or initiate lawsuits against violations of their lawful rights and interests in marine disposal in accordance with the law;

e) Other rights as prescribed by law.

2. Organizations and individuals granted a permit for marine disposal have the following obligations:

a) To comply with legal provisions on the management of marine resources and the environment, and to implement the contents of the marine disposal permit accurately;

b) To pay fees for issuing permits and the cost of using the marine area for disposal in accordance with the law;

c) To adhere to technical standards related to marine disposal activities throughout the marine disposal process;

d) Not to obstruct or cause damage to the lawful exploitation and utilization of marine resources by other organizations and individuals;

đ) To provide complete and truthful data and information about marine disposal activities when requested by the competent state authority;

e) To implement measures to ensure safety, prevent, and mitigate environmental damage caused by their marine disposal activities in accordance with the law;

g) To conduct monitoring and supervision of the marine environment and to report on marine disposal activities in accordance with the law;

h) To compensate organizations and individuals who suffer losses due to their non-compliant marine disposal activities;

i) Other obligations as prescribed by law.

Article 62. Supervision of Marine Disposal Activities

1. Organizations and individuals permitted to dispose of materials at sea must register and install tracking devices, record the entire process of marine disposal, and maintain maritime logs to facilitate inspection and supervision by the competent state management agency and maritime patrol forces.

2. In cases where materials are loaded and unloaded at ports, the port authority is responsible for inspecting the materials to ensure they comply with the contents of the marine disposal permit before allowing the transport vessel to depart from the port.

3. The agency authorized to issue marine disposal permits and maritime patrol forces shall conduct inspections, supervision, and handle violations of marine disposal activities in accordance with the law.

Article 63. Marine Disposal Outside Vietnam's Exclusive Economic Zone Causing Damage to Vietnam's Marine Resources and Environment

Vietnamese organizations and individuals or foreign organizations and individuals conducting marine disposal outside Vietnam's exclusive economic zone but causing damage to the environment, ecosystems, and socio-economic conditions in Vietnam's marine areas and islands shall be responsible for compensating for damages, covering all costs associated with investigations, assessments of damage levels, implementing environmental recovery measures, and other costs in accordance with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.

Chapter VII

OVERALL MONITORING AND SURVEILLANCE SYSTEM AND INFORMATION DATABASE ON MARINE RESOURCES AND THE ENVIRONMENT OF ISLANDS

Section 1

OVERALL MONITORING AND SURVEILLANCE OF MARINE RESOURCES AND THE ENVIRONMENT OF ISLANDS

Article 64. Requirements for Comprehensive Monitoring and Surveillance of Marine and Island Resources and Environment

1. Comprehensive monitoring and surveillance of marine and island resources and environment must be conducted regularly and comprehensively to serve the management of marine and island resources and environment, economic and social development, and ensure national defense and security.

2. The comprehensive monitoring and surveillance system of marine and island resources and environment must be established in a synchronized, advanced, and modern manner to ensure the timely and complete collection of information and data on marine and island resources and environment.

3. Ensure connectivity with the monitoring and surveillance activities of marine and island resources and environment at regional and global levels.

Article 65. Establishment of Comprehensive Monitoring and Surveillance System for Marine and Island Resources and Environment

1. The comprehensive monitoring and surveillance system for marine and island resources and environment shall be established based on connecting the monitoring and surveillance systems of marine and island resources and environment of ministries, sectors, and localities.

2. The comprehensive monitoring and surveillance system for marine and island resources and environment is an open system that connects and shares information to ensure smooth flow from central to local levels.

3. The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant ministries, sectors, provincial People's Committees, and municipal People's Committees directly under the Central Government located in coastal areas to establish and submit for approval.

Article 66. Participation in Regional and Global Marine and Ocean Monitoring and Surveillance Systems

The Ministry of Natural Resources and Environment is the focal point for organizing participation in regional and global marine and ocean monitoring and surveillance systems; it has the responsibility to manage, publish, share, and provide information and data obtained from participating in these systems according to the provisions of the law.

Section 2

INFORMATION SYSTEM AND DATABASE ON MARINE AND ISLAND RESOURCES AND ENVIRONMENT

Article 67. Information System on Marine and Island Resources and Environment

1. The information system on marine and island resources and environment shall be designed comprehensively and built into a unified system nationwide, serving multiple objectives, in accordance with recognized national and international technical standards and norms.

2. The information system on marine and island resources and environment includes:

a) Infrastructure for marine and island resources and environment information technology;

b) Operating system software, system software, and application software;

c) Database on marine and island resources and environment.

3. The Ministry of Natural Resources and Environment, relevant ministries, sectors, provincial People's Committees, and municipal People's Committees directly under the Central Government located in coastal areas shall build the information system on marine and island resources and environment.

Article 68. Construction of Database on Marine and Island Resources and Environment

1. Data on marine and island resources and environment include:

a) Data on coastal land, seabed topography;

b) Data on marine meteorology and hydrology;

c) Data on marine geology, marine geophysics, marine minerals; oil and gas in the sea; data on physical and chemical properties of seawater;

d) Data on marine ecosystems; marine biodiversity and fishery resources; marine position resources and marine ecological wonders;

đ) Data on marine environment, marine disposal;

e) Data on islands;

g) Data on marine spatial planning, plans for marine use; overall exploitation and sustainable use of coastal resources planning; integrated coastal resource management programs;

h) Data on marine and island resource exploitation and utilization;

i) Results of resolving disputes, complaints, and accusations regarding marine and island resources and environment resolved by competent state agencies;

k) Results of programs, projects, research topics, tasks in management, basic surveys, scientific research on marine and island resources and environment;

l) Statistics results on marine and island resources;

m) Legal normative documents, standards, technical norms, economic and technical quotas on marine and island resources and environment;

n) Other related data on marine and island resources and environment.

2. The national database on marine and island resources and environment is a unified collection of all data on marine and island resources and environment within the country standardized according to national standards, digitized for updating, management, and exploitation through information technology systems.

3. The Minister of Natural Resources and Environment shall stipulate the construction of the database on marine and island resources and environment. The Ministry of Natural Resources and Environment shall take the lead and coordinate with ministries, ministerial-level agencies, provincial People's Committees, and municipal People's Committees directly under the Central Government located in coastal areas to construct the national database on marine and island resources and environment. Ministries, ministerial-level agencies, provincial People's Committees, and municipal People's Committees directly under the Central Government located in coastal areas within their respective functions and authorities shall have the responsibility to investigate and collect data on marine and island resources and environment to build the database on marine and island resources and environment of their ministries, sectors, and localities; provide data to the Ministry of Natural Resources and Environment to build the national database on marine and island resources and environment.

Article 69. Storage, exploitation, and utilization of marine and island resources and environmental data

1. The storage of marine and island resources and environmental data shall be carried out in accordance with the provisions of the law on archiving, relevant regulations, procedures, technical norms, and standards. All collected data must be classified, evaluated, and processed to have appropriate forms, measures for storage, preservation, and protection, ensuring safety.

2. Marine and island resources and environmental data must be disclosed in accordance with the law. Organizations and individuals exploiting and utilizing such data must ensure that it is done for the intended purpose, effectively, and pay fees as prescribed by law.

3. The Minister of Natural Resources and Environment shall stipulate the exploitation and utilization of databases on marine and island resources and environmental data. The Minister, head of ministries equivalent to ministries, and provincial People's Committees directly under the central government with coastal areas shall specify their respective authority to provide, scope, degree, and subjects eligible to exploit and utilize data on marine and island resources and environmental data they manage in accordance with the law.

4. The Minister of Finance shall guide the collection, payment, and use of fees for the exploitation and utilization of marine and island resources and environmental data.

Article 70. Integration, exchange, and sharing of marine and island resources and environmental data

1. Databases on marine and island resources and environmental data must be standardized according to national standards based on integrating databases on marine and island resources and environmental data from ministries, agencies equivalent to ministries, and provincial People's Committees directly under the central government with coastal areas.

2. Marine and island resources and environmental data shall be exchanged and shared among ministries, agencies equivalent to ministries, and provincial People's Committees directly under the central government with coastal areas according to the following principles:

a) Ensuring access and use of data to serve timely evaluation, forecasting, strategic planning, policy formulation, plan development, enhancing the effectiveness of state management work, and meeting socio-economic development requirements, ensuring national defense and security;

b) Being consistent with the functions and tasks of each agency and organization; ensuring no overlap or duplication of tasks between related agencies and organizations and ensuring close cooperation in data collection and management;

c) Ensuring comprehensive, accurate, and systematic data collection; unifying collected, updated, and managed data;

d) Ensuring smooth and timely data exchange and provision; ensuring information security requirements and protecting state secrets;

e) Ensuring efficient, feasible, cost-effective, and labor-saving collection, management, updating, exploitation, and utilization of data.

Chapter VIII

INTERNATIONAL COOPERATION ON MARINE AND ISLAND RESOURCES AND ENVIRONMENT

Article 71. Principles of international cooperation on marine and island resources and environment

1. International cooperation on marine and island resources and environment must be integrated into the overall strategy, economic and social development planning, maritime strategy, sustainable resource exploitation and utilization strategy, environmental protection, and island development, consistent with Vietnam’s foreign policy and diplomatic guidelines.

2. International cooperation on marine and island resources and environment must ensure the principle of building a peaceful, cooperative, friendly, and mutually beneficial maritime region based on respect for independence, sovereignty, and territorial integrity, non-interference in internal affairs, equality, mutual benefit, and respect for Vietnamese law and relevant international treaties to which the Socialist Republic of Vietnam is a member.

3. Ensuring the full potential and strengths, effective exploitation of resources, environmental protection, and sustainable development of the sea and islands.

4. Actively integrating into international organizations and fully implementing rights and obligations in relevant international treaties to which the Socialist Republic of Vietnam is a member.

Article 72. International Cooperation on Comprehensive Management of Marine and Island Resources and Protection of the Marine Environment

1. The State shall carry out cooperation with other countries, foreign organizations, and international organizations in the following activities:

a) Researching, drafting, and perfecting laws on management of resources and protection of the marine environment and island territories;

b) Surveying and researching marine and island resources and environments; applying science and technology to serve marine and island surveys and research; surveying and assessing the degree of damage to marine and island resources and environments; forecasting natural disasters and environmental pollution in marine and island areas caused by resource exploitation activities;

c) Sustainable exploitation of marine and island resources;

d) Protecting the biodiversity of marine and island areas and maintaining the productivity and diversity of marine and island ecosystems and coastal zones;

đ) Controlling marine and island environmental pollution; responding to environmental incidents at sea; responding to climate change and rising sea levels.

2. The Ministry of Natural Resources and Environment shall be the lead agency for coordinating international cooperation on comprehensive management of resources and protection of the marine environment and island territories.

3. Ministries, sectors, and provincial People's Committees under the central government that engage in international cooperation on marine and island resources and environments shall annually assess the situation of their international cooperation activities, report to the Ministry of Natural Resources and Environment for consolidation and reporting.

Chapter IX

RESPONSIBILITIES FOR COMPREHENSIVE MANAGEMENT OF RESOURCES AND PROTECTION OF THE MARINE ENVIRONMENT AND ISLAND TERRITORIES

Article 73. Responsibilities for Comprehensive Management of Resources and Protection of the Marine Environment and Island Territories of the Government, Ministries, and Equivalent Agencies

1. The Government shall uniformly manage state affairs concerning marine and island resources and environments.

2. The Minister of Natural Resources and Environment shall be responsible before the Government for implementing comprehensive management of resources and protection of the marine environment and island territories, including the following responsibilities:

a) Drafting, submitting to competent authorities for issuance or issuing according to authority, and organizing the implementation of regulatory legal documents on comprehensive management of resources and protection of the marine environment and island territories;

b) Preparing and submitting to the Government for approval and organizing the implementation of strategies for sustainable exploitation and use of resources and protection of the marine environment and island territories; overall planning for sustainable exploitation and use of coastal resources; preparing and submitting

c) Preparing and submitting

d) Issuing, reissuing, extending, amending, supplementing, allowing return, revoking permits for marine disposal; issuing, reissuing, extending, amending, supplementing, suspending, revoking permits for foreign organizations and individuals to conduct scientific research in Vietnam’s territorial waters;

đ) Directing and inspecting the establishment and protection of coastal buffer zones; surveying, classifying, managing island resources;

e) Establishing and managing a comprehensive monitoring and surveillance system for marine and island resources and environments; building and managing a national information and database system for marine and island resources and environments;

g) Controlling marine and island environmental pollution; responding to and mitigating oil spills and toxic chemical spills at sea; managing marine disposal;

h) Training and enhancing professional skills in comprehensive management of resources and protection of the marine environment and island territories;

i) Promoting awareness about the seas and islands; disseminating and educating the public on laws regarding comprehensive management of resources and protection of the marine environment and island territories;

k) Inspecting, supervising, resolving complaints and denunciations in comprehensive management of resources and protection of the marine environment and island territories;

l) International cooperation on comprehensive management of resources and protection of the marine environment and island territories.

3. Ministers and Heads of Equivalent Agencies within their respective duties and powers shall have the following responsibilities:

a) Participating in drafting strategies for sustainable exploitation and use of resources and protection of the marine environment and island territories; overall planning for sustainable exploitation and use of coastal resources and organizing the implementation of these strategies and plans after approval;

b) Leading the organization of implementation of projects, programs, basic investigation tasks, scientific research on marine and island resources and environments as stipulated by this Law and related laws;

c) Cooperating with the Minister of Natural Resources and Environment in granting permits to foreign organizations and individuals to conduct scientific research in Vietnam’s territorial waters;

d) Conducting statistics on marine and island resources under their management;

đ) Monitoring and evaluating the status of marine and island environmental pollution, water quality conditions, sedimentation, ecosystems, and biodiversity in marine and island areas; surveying, classifying, evaluating sources of pollution from land, marine and island activities according to this Law and environmental protection laws;

e) Cooperating with the National Committee for Search and Rescue, the Ministry of Natural Resources and Environment in activities to respond to and mitigate oil spills and toxic chemical spills at sea;

g) Cooperating with the Ministry of Natural Resources and Environment in establishing and operating a comprehensive monitoring and surveillance system for marine and island resources and environments; providing information and data on marine and island resources and environments under their management to the Ministry of Natural Resources and Environment;

h) Promoting awareness about the seas and islands; disseminating and educating the public on laws regarding comprehensive management of resources and protection of the marine environment and island territories;

i) Evaluating the situation of international cooperation on marine and island resources and environments under their management and sending reports to the Ministry of Natural Resources and Environment annually.

Article 74. Responsibilities for comprehensive management of marine resources and environmental protection of the sea and islands by local People's Committees at all levels

1. The People's Committee of provinces and centrally governed cities with coastal areas within their duties and powers shall have the following responsibilities:

a) To draft, promulgate according to their authority, and organize the implementation of legal normative documents on comprehensive management of marine resources and environmental protection of the sea and islands;

b) To implement strategies for sustainable exploitation and utilization of marine resources, environmental protection of the sea and islands; planning and plans for marine use; overall planning for sustainable exploitation and utilization of coastal resources; establish, approve, and organize the implementation of programs for comprehensive management of marine resources and environment in the managed area;

c) To organize scientific research activities, basic surveys, and statistics on marine and island resources;

d) To issue, reissue, extend, amend, supplement, permit return, revoke Marine Disposal Permits according to their authority;

đ) To establish and manage coastal protection zones; file and manage marine island resources according to classification;

e) To build and manage local information systems and databases on marine resources and environmental protection;

g) Controlling marine and island environmental pollution; responding to and mitigating oil spills and toxic chemical spills at sea; managing marine disposal;

h) To promote awareness about the sea and islands; disseminate and educate laws on comprehensive management of marine resources and environmental protection of the sea and islands in the locality;

i) To inspect, check, handle complaints and denunciations in comprehensive management of marine resources and environmental protection of the sea and islands;

k) To periodically compile and report to the Ministry of Natural Resources and Environment the situation of comprehensive management of marine resources and environmental protection of the sea and islands;

2. The People's Committee of districts, towns, cities under provinces, and equivalent administrative units with coastal areas within their duties and powers shall have the following responsibilities:

a) To organize the implementation of legal normative documents on comprehensive management of marine resources and environmental protection of the sea and islands;

b) To implement measures to protect unexploited and unused marine and island resources according to the law;

c) To protect coastal protection zones within the locality; coordinate with agencies and organizations to protect monitoring systems for marine and island resources and environment placed within the managed area;

d) To participate in responding to and mitigating oil spills and toxic chemical leaks in the sea; monitor, detect, and participate in resolving environmental pollution incidents in the sea, coastal erosion, and landslides;

đ) To promote awareness about the sea and islands; disseminate and educate laws on comprehensive management of marine resources and environmental protection of the sea and islands;

e) To periodically compile and report to the higher-level People's Committee the situation of comprehensive management of marine resources and environmental protection of the sea and islands;

3. The People's Committee of communes, wards, towns with coastal areas within their duties and powers shall have the following responsibilities:

a) To organize the implementation of legal normative documents on comprehensive management of marine resources and environmental protection of the sea and islands; to implement measures to protect unexploited and unused marine and island resources according to the law;

b) To protect coastal protection zones within the locality; to detect and participate in resolving environmental incidents in the sea, coastal erosion, and landslides;

c) To promote awareness about the sea and islands; disseminate and educate laws on comprehensive management of marine resources and environmental protection of the sea and islands;

d) To periodically compile and report to the higher-level People's Committee the situation of comprehensive management of marine resources and environmental protection of the sea and islands.

Article 75. Responsibilities of the Vietnam Fatherland Front and its member organizations

The Vietnam Fatherland Front and its member organizations shall, within their respective duties and powers, be responsible for coordinating with state management agencies to promote propaganda among the people to effectively and sustainably exploit and utilize marine resources, protect the marine environment and islands, strictly comply with laws on marine resources and environmental protection; provide social feedback and supervise the activities of state agencies in managing the exploitation and utilization of marine resources and protecting the marine environment and islands as prescribed by law.

Article 76. Principles and contents of coordination in comprehensive management of marine resources and environmental protection

1. Principles of coordination:

a) Ensuring unified, inter-sectoral, and inter-regional management; ensuring consistency and effectiveness, clearly assigning responsibilities to each agency in the main and coordination implementation of comprehensive management of marine resources and environmental protection;

b) The implementation of coordination tasks must be based on assigned functions, duties, and powers; complying with the provisions of this Law and related laws;

c) The implementation of coordination tasks must ensure national security confidentiality and information secrecy as prescribed by law; ensuring defense, security, and safety at sea;

d) Not obstructing lawful activities of exploiting and utilizing marine resources and islands and other lawful activities of organizations and individuals in Vietnam's maritime zones.

2. Contents of coordination:

a) Building and enforcing laws on comprehensive management of marine resources and environmental protection;

b) Establishing and implementing strategies for sustainable exploitation and utilization of marine resources and environmental protection; planning and implementing marine use plans; overall planning for sustainable exploitation and utilization of coastal resources; programs for comprehensive management of coastal resources and environment;

c) Managing and implementing basic survey and scientific research activities on marine resources and environmental protection;

d) Establishing a comprehensive monitoring and supervision system for marine resources and environmental protection; building an information system and database for marine resources and environmental protection;

đ) Controlling marine and island environmental pollution; responding to and mitigating oil and toxic chemical spills at sea;

e) Promoting and educating about the law on comprehensive management of marine resources and environmental protection;

g) International cooperation on comprehensive management of marine resources and environmental protection;

h) Inspecting, supervising, handling complaints and denunciations in comprehensive management of marine resources and environmental protection;

i) Other contents as prescribed by law.

3. The Government shall specify the coordination mechanism between ministries, sectors, and localities in comprehensive management of marine resources and environmental protection.

Article 77. Reports on comprehensive management of marine resources and environmental protection

1. Annually, the Ministry of Natural Resources and Environment shall be responsible for preparing reports on comprehensive management of marine resources and environmental protection to submit to the Government.

2. Annually, ministries and sectors shall be responsible for preparing reports on the situation of managing basic survey activities, exploitation and utilization of marine resources, and environmental protection within their assigned management scope, to be submitted to the Ministry of Natural Resources and Environment.

3. Annually, provincial People's Committees and municipal People's Committees directly under the central government with coastlines shall be responsible for reporting on the situation of managing basic survey activities, exploitation and utilization of marine resources, and environmental protection, comprehensive management of marine resources and environmental protection within their management scope, to be submitted to the Ministry of Natural Resources and Environment.

4. The Minister of Natural Resources and Environment shall specify the detailed contents, format, and timing of reports on comprehensive management of marine resources and environmental protection.

Article 78. Inspection of Comprehensive Management of Marine Resources and Protection of the Marine Environment

The inspection of comprehensive management of marine resources and protection of the marine environment shall be carried out in accordance with the provisions of the law on inspection.

Chapter X

IMPLEMENTING PROVISIONS

Article 79. Transitional Provisions

1. From the date this Law comes into effect, the status quo shall be maintained, and no new investment or construction projects shall be permitted within a range of 100 meters from the mean high tide line towards the mainland or inside the island, as determined by the People's Committee of the province or centrally governed city with sea areas according to the guidelines of the Ministry of Natural Resources and Environment until the coastal protection zone is established in accordance with this Law, except for the following cases:

a) Construction of new works serving national defense, security, disaster prevention and control, coastal erosion prevention, climate change response, rising sea levels, cultural heritage conservation and promotion;

b) Construction of new works pursuant to investment projects serving national interests, public benefits approved by the National Assembly or the Government;

c) Construction of works pursuant to investment projects that have been decided on investment or construction permits issued by competent state agencies before the date this Law comes into effect.

2. Within 18 months from the date this Law takes effect, the People's Committee of the province or centrally governed city with sea areas shall be responsible for establishing the coastal protection zone under its jurisdiction.

3. Sectoral and local resource exploitation and utilization plans, sectoral and local development plans shall continue to be implemented until they are reviewed and adjusted to comply with the overall plan for sustainable exploitation and utilization of coastal resources that has been approved.

Article 80. Effective Date

This Law takes effect from July 1, 2016.

Article 81. Detailed Provisions

The Government and competent authorities shall issue detailed regulations for the provisions assigned in this Law.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 13th term, the 9th session on June 25, 2015.