CHƯƠNG II Luật đa dạng sinh học 2008: Quy hoạch bảo tồn đa dạng sinh học

Chapter II

BIODIVERSITY CONSERVATION PLANNING

Section 1. NATIONAL MASTER PLAN ON BIODIVERSITY CONSERVATION

Article 8. Bases for the formulation of a national master plan on biodiversity conservation

1.The strategy for socio-economic development, defense and security.

2. The strategy for environmental protection.

3. Plannings on land use and development of branches and domains.

4. Results of basic surveys on biodiversity, natural and socio-economic conditions.

5. Results of implementation of previous master plans on biodiversity conservation.

6. The current status of biodiversity and forecasts about biodiversity exploitation and use demands.

7. Resources for the implementation of the master plan.

Article 9. Contents of a national master plan on biodiversity conservation

1. Orientations and goals of biodiversity conservation.

2. Evaluation of natural and socio-economic conditions, the current status of biodiversity; plannings on land use and development of branches, domains and localities; resources for the implementation of the master plan.

3. Geographical location, boundaries and measures of organizing management and protection of the biodiversity corridor.

4. Geographical location, area, ecological functions and measures of organizing management, protection and sustainable development of natural ecosystems.

5. Geographical location, area, boundaries and maps of regions planned for establishment of conservation zones, types of conservation zones, measures of organizing management of conservation zones: and solutions for stabilizing the livelihood of households and individuals lawfully living in conservation zones.

6. Ex-situ conservation needs; types, number, distribution and plan for development of biodiversity conservation facilities.

7. Strategic environmental assessment of the draft master plan.

8. Organization of the implementation of the master plan.

Article 10. Formulation, approval and adjustment of a national master plan on biodiversity conservation, and biodiversity conservation plannings of ministries and ministerial-level agencies

1. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with ministries and ministerial-level agencies in, organizing the formulation of a national master plan on biodiversity conservation and submission thereof to the Government for approval.

2. On the basis of the national master plan on biodiversity conservation, ministries and ministerial-level agencies shall organize the formulation, approval and adjustment of plannings on biodiversity conservation under their management.

3. The Government shall specify the order and procedures for ihe formulation, approval and adjustment of master plans and plannings on biodiversity conservation prescribed in this Article.

Article 11. Publicization. organization of implementation of a national master plan on biodiversity conservation

1. Within 30 days after the Government approves the national master plan on biodiversity conservation, the Ministry of Natural Resources and Environment and concerned ministries and ministerial-level agencies shall publicize il on their websites, while concerned People’s Committees of provinces and centrally run cities (below collectively referred to as provincial-level People’s Committees) shall publicize it on their websites and at head offices of concerned People’s Committees of all levels.

2. The organization of implementation of a national master plan on biodiversity conservation is prescribed.as follows:

a/ The Ministry of Natural Resources and Environment shall assume the prime responsibility for. and coordinate with concerned ministries and ministerial-level agencies, in guiding the implementation of the national master plan on biodiversity conservation;

b/ Ministries and ministerial-level agencies shall organize the implementation of the national master plan on biodiversity conservation within the scope of their management;

c/ Provincial-level People’s Committees shall organize the implementation of the national master plan on biodiversity conservation in their localities;

d/ In the course of implementing the national master plan, if there arise differences between the master plan and land use plannings of provinces or centrally run cities or plannings of branches or domains, except defense and security plannings, the national master plan on biodiversity conservation shall be given priority for implementation.

Section 2. BIODIVERSITY CONSERVATION PIANNINGS OF PROVINCES AND CENTRALLY RUN CITIES

Article 12. Bases for the formulation of biodiversity conservation plannings of provinces and centrally run cities

1. Local plannings and plans for socio-economic development, defense and security.

2. The national master plan on biodiversity conservation.

3. Land use plannings of provinces or centrally run cities.

4. Results of implementation of previous biodiversity conservation plannings of provinces or centrally run cities.

5. The current status of biodiversity, specific natural and socio-economic conditions of localities where conservation zones are planned to be established.

6. Local biodiversity conservation and exploitation needs.

7. Resources for implementation of plannings.

Article 13. Contents of biodiversity conservation plannings of provinces and centrally run cities

1. Orientations and goals of biodiversity conservation in provinces or centrally run cities.

2. Evaluation of the current status of biodiversity and natural and socio-economic conditions of places where provincial-level conservation zones are planned to be established.

3. Geographical location, area, boundaries and maps of places planned for establishment of conservation zones, types of conservation zones; measures of organizing the management of conservation zones; and solutions for stabilizing the livelihood of households and individuals lawfully living in conservation zones:

4. Ex-situ conservation needs; types; number, distribution and plans for development of biodiversity conservation facilities in provinces or centrally run cities.

Organization of the implementation of biodiversity conservation plannings in provinces or centrally run cities.

Article 14. Formulation, evaluation, approval and adjustment of biodiversity conservation plannings of provinces and centrally run cities

1. Provincial-level People’s Committees shall organize the formulation, evaluation and adjustment of biodiversity conservation plannings of provinces or centrally run cities and submit them to the People’s Councils of the same level for approval.

2. The Government shall stipulate the order and procedures for the formulation, evaluation, approval and adjustment of biodiversity conservation plannings of provinces and centrally run cities.

Article 15. Publicization. organization of implementation of biodiversity conservation plannings of provinces and centrally run cities

1. Within 30 days after the People’s Council approves the biodiversity conservation planning of its province or centrally run city, the provincial-level People’s Committee shall publicize it on its website and at head offices of concerned People’s Committees of all levels.

2. The provincial-level People’s Committee shall organize the implementation of the biodiversity conservation planning of its province or centrally run city.