CHƯƠNG III Luật đa dạng sinh học 2008: Bảo tồn và phát triển bền vững hệ sinh thái tự nhiên

Chapter III

CONSERVATION AND SUSTAINABLE DEVELOPMENT OF NATURAL ECOSYSTEMS

Section 1. CONSERVATION ZONES

Article 16. Conservation zones and classification of conservation zones

1. Conservation zones include:

a/ National parks;

b/ Nature reserves;

c/ Species/habitat conservation zones;

d/ Landscape conservation zones.

2. Based on their biodiversity levels and values and sizes, conservation zones shall be classified as national- and provincial-level ones to which suitable management and investment policies will apply.

3. Conservation zones shall be inventoried in number and area; and have their locations determined on land use maps or their sea co-ordinates identified.

4. The Government shall specify conservation zone classification criteria.

Article 17. National parks

A national park must meet the following major criteria:

1. Possessing a natural ecosystem which is nationally and internationally important, specific to or representative of a natural eco-region;

2. Being a permanent or seasonal natural habitat of at least one species on the list of endangered precious and rare species prioritized for protection;

3. Having special scientific and educational values;

4. Having landscape and unique natural beauty of ecotourism value.

Article 18. Nature reserves

1. Nature reserves include:

a/ National-level nature reserves;

b/ Provincial-level nature reserves.

2. A national-level nature reserve must meet the following major criteria:

a/ Possessing a natural ecosystem which is nationally and internationally important, specific to or representative of a natural eco-region;

b/ Having special scientific and educational values or ecotourism and recreational values.

3. Provincial-level nature reserves are those set up under provincial-level biodiversity conservation plannings for conserving natural ecosystems in localities.

Article 19. Wildlife reserves

1. Wildlife reserves include:

a/ National-level wildlife reserves;

b/ Provincial-level wildlife reserves;

2. A national-level wildlife reserve must meet the following major criteria:

a/ Being a permanent or seasonal natural habitat of at least one species on the list of endangered precious and rare species prioritized for protection;

b/ Having special scientific and educational values;

3. Provincial-level wildlife reserves are those set up under provincial-level biodiversity conservation plannings for conserving wildlife in localities.

Article 20. Landscape conservation zones

1. Landscape conservation zones include:

a/ National-level landscape conservation zones.

b/ Provincial-level landscape conservation zones.

2. A landscape conservation zone must meet the following major criteria:

a/ Having a particular ecosystem:

b/ Having landscape and unique natural beauty;

c/ Having scientific, educational, ecotourism and recreational values.

3. Provincial-level landscape conservation zones are those set up under provincial-level biodiversity conservation plannings for protecting local landscape.

Article 21. Contents of a conservation zone establishment project

1. Biodiversity conservation purposes; satisfaction of major criteria for the establishment of conservation zones.

2. Current status of natural ecosystems, species on the list of endangered precious and rare species prioritized for protection, other wild species, landscape and unique natural beauty.

3. Areas of land and water surface; current situation of land and water surface use: number of inhabitants in the planned place of the conservation zone; scheme on land use purpose change.

4. Extracts of maps, geographical location and area of the planned conservation zone.

5. Geographical locations and areas of the strictly protected, ecological restoration and service-administrative sections: boundaries of each section; scheme on settlement or relocation of households and individuals from the planned place of the conservation zone.

6. Conservation zone management plan.

7. Organization of the management of the conservation zone.

8. Geographical location, area and boundaries of the buffer zone of the planned place of the conservation zone.

9. Organization of the implementation of the conservation zone establishment project.

Article 22. Formulation and appraisal of national-level conservation establishment projects

1. National-level conservation zone establishment projects shall be formulated and appraised as assigned and decentralized by the Government.

2. The order of and procedures for formulating a national-level conservation zone establishment project are prescribed as follows:

a/ To investigate and assess the biodiversity situation of the planned place of the conservation zone according to the criteria for conservation zones specified in Articles 17. 18, 19 and 20 of this Law and to formulate the conservation zone establishment project:

b/ To colIect opinions from concerned ministries and ministerial-level agencies. People’s Committees of all levels and inhabitants lawfully living in the planned place of the conservation zone and its adjacent area;

c/ To appraise the national-level conservation zone establishment project and submit it to the Prime Minister for decision.

3. A dossier of a national-level conservation zone establishment project comprises:

a/ A written request for the establishment of a conservation zone, prepared by the project-formulating agency;

b/ The project with the contents specified in Article 21 of this Law;

c/ Opinions of the state agency competent to manage conservation zones specified in Clause 1, Article 27 of this Law and the related parties specified at Point b, Clause 2 of this Article:

d/ Results of appraisal of the project.

Article 23. Decisions to establish national-level conservation zones

1. The Prime Minister shall decide to establish national-level conservation zones.

2. A decision to establish a national-level conservation zone must contain the following major details:

a/ Geographical location, boundaries and areas of the conservation zone and its buffer zone;

b/ Geographical locations, boundaries and areas of strictly protected, ecological restoration and service-administrative sections;

c/ The conservation zone’s biodiversity conservation purposes;

d/ A plan to restore natural ecosystems in the conservation zone;

e/ A scheme to settle or relocate households and individuals living in the conservation zone; a scheme to change use purposes of land in the conservation zone;

f/ The functions, tasks and organization structure of the conservation zone management unit.

3. The decision to establish a national-level conservation zone shall be sent to People’s Committees of all levels of the locality where the conservation zone is located, the conservation zone establishment project-formulating agency specified in Clause 1, Article 22 of this Law, and state agencies competent to manage conservation zones specified in Clause 1, Article 27 of this Law.

Article 24. Formulation and appraisal of provincial-level conservation zone establishment projects and decisions to establish provincial level conservation zones

1. On the basis of provincial-level biodiversity conservation plannings. provincial-level People’s Committees shall decide to establish provincial-level conservation zones after consulting concerned People’s Committees of all levels, inhabitants lawfully living in the planned areas of conservation zones and their adjacent areas and obtaining the approval of state agencies competent to manage conservation zones specified in Clause 1, Article 27 of this Law.

2. State agencies competent to manage conservation zones specified in Clause 1, Article 27 of this Law shall assume the prime responsibility for, and coordinate with concerned ministries and ministerial-level agencies in, prescribing the order of and procedures for formulating and appraising provincial-level conservation zone establishment projects; and contents of decisions to establish provincial-level conservation zones.

Article 25. Use of land in conservation zones

1. Based on decisions on establishment of conservation zones, competent land allocation agencies under the Land Law shall allocate land to conservation zone management units or other organizations assigned to manage conservation zones.

2. The use and change of use purposes of land in conservation zones comply with the land law, this Law and other relevant laws.

Article 26. Functional sections and conservation zone boundaries

1. A conservation zone has the following functional sections:

a/ The strictly protected section;

b/ The ecological restoration section;

c/ The service-administrative section.

2. A conservation zone must have boundary markers placed to determine its boundaries; the strictly protected section of a conservation zone must have its area and position determined on the field or its sea co-ordinates identified.

3. The conservation zone management unit or the organization assigned to manage a conservation zone shall assume the prime responsibility for, and coordinate with the People’s Committees of all levels of the locality where the conservation zone is located in, placing boundary markers to determine the conservation zone’s boundaries.

Article 27. Conservation zone management responsibilities

1. Ministries, ministerial-level agencies and provincial-level People’s Committees shall organize the management of conservation zones as assigned and decentralized by the Government.

2. Conservation zones shall he managed in accordance with this Law and the Regulation on management of conservation zones.

The Prime Minister shall promulgate the Regulation on management of conservation zones

Article 28. Organization of management of conservation zones

1. A national-level conservation zone has a management unit which operates as a public non-business unit with or without financial autonomy.

2. Based on local realities, a provincial-level conservation zone may be managed by a management unit being a public non-business unit with or without financial autonomy or an organization assigned to manage the conservation zone according to law.

Article 29. Rights and responsibilities of conservation zone management units and organizations assigned to manage conservation zones

A conservation zone management unit or an organization assigned to manage a conservation zone has the following rights and responsibilities:

1. To conserve biodiversity under this Law and the Regulation on management of conservation zones;

2. To elaborate, submit to state management agencies for approval, and organize the implementation of. plans, programs and investment projects to restore natural ecosystems in the conservation zone;

3. To manage scientific research activities and collect genetic resources and genetic specimens; to monitor and collect information and data on. and build adatabase and report on the current status of. the conservation zone’s biodiversity; to take measures to prevent and eliminate epidemics in the conservation zone;

4. To do business or enter into joint ventures in ecotourism. scientific research, resort and other services in the conservation zone according to law;

5. To coordinate with ranger force, environmental police, fire fighting police and local administrations in conserving the conservation zone’s biodiversity:

6. To enjoy benefits from the access to genetic resources within the conservation zone;

7. To have other rights and responsibilities as prescribed by law.

Article 30. Responsibilities and obligations of households and individuals lawfully living in conservation zones

1. Households and individuals lawfully living in conservation zones have the following rights and obligations:

a/ To lawfully exploit resources in conservation zones under this Law, the Regulation on management of conservation zones and other relevant laws;

b/ To participate in and benefit from business and service activities in conservation zones;

c/ To enjoy policies on incentives, supports, compensation and resettlement under law;

d/ To observe the Regulation on management of conservation zones;

e/ To have other rights and obligations as presented by law.

2. The Government shall specify the implementation of this Article.

Article 31. Rights and obligations of organizations and individuals carrying out lawful activities in conservation zones

Organizations and individuals carrying out lawful activities in conservation zones have the following rights and obligations:

1. To lawfully exploit resources in conservation zones under this Law, the Regulation on management of conservation zones and other relevant laws;

2. To access genetic resources and share benefits from such access and other lawful activities in conservation zones according to law;

3. To observe the Regulation on management of conservation zones;

4. To carry out other activities under law;

5. To have other rights and obligations as prescribed law.

Article 32. Management of buffer zones of conservation zones

1. Locations and areas of buffer zones shall be specified in decisions on the establishment of conservation zones and determined on land use maps or have their sea co-ordinates identified.

2. All activities in buffer zones must comply with the Regulation on management of buffer zones promulgated by the Prime Minister.

3. Owners of investment projects in conservation zones’ buffer zones shall make an environmental impact assessment report and submit it to an evaluation council under the environmental protection law. Such evaluation council must be composed of a representative of the conservation zone management unit.

When an investment project in a buffer zone poses latent-risks of environmental incidents or dispersion of hazardous waste, the decision to approve the project’s environmental impact assessment report must specify a safe distance so as to prevent adverse impacts on the conservation zone and the organization assigned to manage the conservation zone.

Article 33. Reporting on the current status of conservation zones’ biodiversity

1. Every three years, conservation zone management units or organizations assigned to manage conservation zones shall report on the current status of their conservation zones’ biodiversity to state agencies competent to manage conservation zones specified in Clause 1, Article 27 of this Law.

2. A report on the current status of a conservation zone’s biodiversity must contain the following major contents:

a/ The actual status and the restoration situation of. and plan to restore the conservation zone’s natural ecosystems;

b/ The actual status of and plan on conservation of the conservation zone’s species on the list of endangered precious and rare species prioritized for protection;

c/ Requirements for conservation of the conservation zone’s biodiversity;

d/ Current situation of land use in the conservation zone.

Section 2. SUSTAINABLE DEVELOPMENT OF NATURAL ECOSYSTEMS

Article 34. Survey, assessment and determination of mechanisms for sustainable development of natural ecosystems

1. Natural ecosystems shall be surveyed anc assessed and their sustainable development mechanisms shall be determined.

2. Natural forest ecosystems shall be surveyed and assessed and their sustainable development mechanisms shall be determined according to the law on forest protection and development and other relevant laws.

3. Natural marine ecosystems shall be surveyed and assessed and their sustainable development mechanisms shall be determined according to the law on fisheries and other relevant laws.

4. Natural ecosystems of natural wetlands, limestone mountain areas and unused land areas other than those specified in Clauses 2 and 3 of this Article may be surveyed and assessed and their sustainable development mechanisms may be determined under Articles 35 and 36 of this Law and other relevant laws.

Article 35. Sustainable development of natural wetlands’ natural ecosystems

1. Natural wetlands are marsh, peaty or permanently or temporarily wet areas, including sea areas of a depth not exceeding 6 meters at the lowest tide level.

2. Statistical and inventory reviews on natural wetlands shall be conducted according to the land law.

3. Provincial-level People’s Committees shall conduct survey, statistical and inventory reviews and assessment of the current status of biodiversity and determine sustainable development mechanisms for natural ecosystems and locations and areas of natural wetlands on land use maps or their sea co-ordinates.

Article 36. Sustainable development of natural ecosystems in limestone mountain areas and unused land not belonging to the forest ecosystem

1. The current status of biodiversity of limestone mountain areas and unused land areas not belonging to the forest ecosystem having natural ecosystems specific to or representative of a region must be surveyed and assessed and sustainable development mechanisms for these areas shall be determined.

2. Provincial-level People’s Committees shall conduct surveys, statistical and inventory reviews and assessment of the current status of biodiversity and determine sustainable development mechanisms for natural ecosystems in limestone mountain areas and unused land areas not belonging to the forest ecosystem.