Chương IV Luật Bảo vệ môi trường 2005: Bảo tồn và sử dụng hợp lý tài nguyên thiên nhiên

Chapter IV

CONSERVATION AND RATIONAL USE OF NATURAL RESOURCES

Article 28: Natural Resources Investigation, Assessment and Use Planning

8. Natural resources must be investigated and assessed in terms of their reserves, regenerativeness, and economic values to serve as basis for planning their use, defining permissible levels of their exploitation and determining rates of environmental tax and environmental protection fees and fund deposits for environmental rehabilitation, environmental damage compensation and other environmental protection measures.

9. Natural resource use planning must be integrated with natural resource conservation planning.

10. Responsibilities for natural resources investigation, assessment and use planning shall be performed according to the provisions of the law on natural resources.

Article 29: Nature Conservation

1. Regions and ecosystems being endowed with biodiversity values of national and international importance must be investigated, assessed and protected by taking forms of marine protected areas, national parks, nature reserves, biosphere reserves and species and habitat conservation areas (hereinafter called “Nature Reserves”) according to their plans developed.

2. Rationales on which the planning of nature reserves shall be made include:

a) Values of global, national and local natural heritages;

b) Values of the primitiveness, special use and protection;

c) Regionally ecological regulation and equilibrium;

d) Naturally geographical representativeness or uniqueness;

e) Permanent or seasonal habitats, breeding areas and development of multiple endemic, rare and precious and endangered species of fauna and flora;

f) National and local values of biosphere, habitats, natural landscapes and human ecology;

g) Other conservation values as stipulated by the provisions of the law.

3. The establishment of nature reserves must observe the planning approved by the competent State agencies.

4. Nature reserves shall be managed by their own management boards and regulations.

5. Responsibilities for planning, establishing and managing nature reserves shall be defined according to the provisions of the law.

Article 30: Biodiversity Protection

1. The protection of biodiversity must be implemented based on the assurance of the rights and legitimate benefits of local residential communities and other categories concerned.

2. The State shall have the responsibility to establish genetic banks in order to protect and develop indigenous, rare and precious genetic resources; and encourage the importation

of genetic resources of high values.

3. Endangered, rare and precious species of fauna and flora shall be protected in accordance with the following provisions:

a) Listing and categorizing species for the management according to the endangered, rare and precious levels;

b) Developing plans for their protection and taking measures to prevent hunting, exploitation, trade and use;

c) Implementing programmes on their rearing, nurturing, and protection according to special regimes appropriate to each specific species; and developing wild animal rescue centers.

4. The Ministry of Natural Resources and the Environment shall, in collaboration with relevant ministries, ministerial level agencies, Government bodies and provincial level People’s Committees, have the primary responsibility to protect biodiversity resources according to the provisions of the law on biodiversity.

Article 31: Natural Landscape Protection and Development

1. The State shall encourage the development of ecological models in hamlets, villages, residential areas, industrial parks, resorts, tourist centers, and of other types of natural landscapes to create the harmony between man and nature.

2. Organizations and individuals engaged in planning, construction, production, business, service and living activities, must comply with the requirements for natural landscape preservation and conservation.

3. Ministries, ministerial level agencies, Government bodies and People’s Committees at all levels shall, within the extent of their duties and powers, have the responsibility for planning and organizing the management, protection and development of environmental landscapes in accordance with this Law and the other provisions of the relevant law.

Article 32: Environmental Protection in Natural Resources Investigation, Prospecting, Exploitation and Use

1. Natural resources investigation, prospecting, exploitation and use must observe the planning approved by the competent State agencies.

2. Permits of natural resources exploitation and use must specify fully terms and conditions

of environmental protection.

The exploitation of natural resources must observe contents of environmental protection prescribed in the exploitation and use permits granted by the competent State agencies.

3. Organizations and individuals shall have the responsibility to comply with the requirements for environmental protection during the investigation, prospecting, exploitation and use of natural resources that take place; and to take actions of environmental rehabilitation upon the completion of prospecting and exploitation activities in accordance with the provisions of this Law and the other provisions of the relevant law.

Article 33: Development of Clean and Renewable Energies and Environmentally Friendly Products

1. Clean and renewable energies are energies that are extracted from wind, solar, geothermal, water, biomass and other renewable resources.

2. Organizations and individuals engaged in the investment in clean and renewable energy development and use, and in the production of environmentally friendly products shall be entitled to the preferential treatment of tax, funds and land-use given by the State for constructing their production facilities.

3. The Government shall develop and implement a strategy of clean and renewable energies in order to achieve the following objectives:

a) Strengthening of national capacity in the research and application of clean and renewable energy exploitation and use technologies;

b) Extension of international cooperation, and mobilization of resources to participate, in the field of clean and renewable energy exploitation and use;

c) Gradual increase in the ratio of clean and renewable energy yields to the total national energy production; and implementation of objectives on national energy security, natural resources saving and GHG emission reduction;

d) Integration of a clean and renewable energy development programme with poverty reduction and rural, mountainous, coastal and island development programmes.

4. The State shall encourage less polluting and naturally degradable product and good production and consumption; clean energy production from wastes; and the production, importation and operation of clean and renewable energy fired machinery, equipment and means of transport.

Article 34: Building up of Environmentally Friendly Consumption Practices

1. The State shall encourage organizations and individuals to consume products made of recyclable materials from wastes, organic products, naturally degradable packaging materials, ecological- labeled and other environmentally friendly products.

2. The Ministry of Culture and Information and press and information agencies shall, in collaboration with the Ministry of Natural Resources and the Environment, have the responsibility to propagandize, introduce, and expand the outreach of, environmentally friendly products and goods to promote their consumption among the people.