Chương I Luật tài nguyên, môi trường biển và hải đảo 2015: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Law regulates general management of natural resources and environment (hereinafter referred to as natural resources and environment); rights, obligations and responsibilities of agencies, organizations and individuals in general management and protection of natural resources and environment in Vietnam.

Environmental protection activities, management, exploitation and use of natural resources of sea and islands are prescribed in relevant laws and ensure accordance with provisions set out hereof.

Article 2. Regulated entities

This Law applies to agencies, organizations or individuals involved in activities in connection with general management and protection of natural resources and environment in Vietnam.

Article 3. Interpretation of terms

In this Law, some terms are construed as follows:

1. Natural resources of sea and islands include biotic resources and non-biotic resources within sea blocks, seabed, underwater landmass, shoreline areas, archipelago, islands, shallow areas, sandbank (hereinafter referred to as islands) that belong to sovereignty, sovereign rights and national jurisdiction of Vietnam.

2. General management of natural resources of sea and islands means activities of planning and organizing the implementation of policies, mechanism and means for intersectoral and inter-regional coordination to ensure natural resources of sea and islands are exploited and used effectively, maintain function and structure of ecosystem for sustainable development, protection of sovereignty, sovereign rights and national jurisdiction of Vietnam over the sea, and to ensure national defense and security.

3. Shallow area means an area of soil and rock rising naturally from sea surface, surrounded by ocean, being exposed or submerged at low or high tides respectively.

4. Sandbank means an area of rock, coral, sand or other natural components raising high from seabed but still submerged at lowest tide.

5. Sea use planning means orientation and arrangement of space for use of territorial waters of Vietnam, being formulated and approved according to the Law on Sea.

6. Coastal area means a transitional area betwen mainland or islands and ocean including coastal territorial waters and coastal land.

7. General planning for exploitation and sustainable use of natural resources in littoral zones means orientation and arrangement of space for exploitation and use of natural resources in littoral zones.

8. Fundamental investigation into natural resources and environment (hereinafter referred to as fundamental investigation) means activities of research, investigation, analysis and assessment of natural resources and environment in order to supply figures on current conditions, determine the law of distribution, potentiality, qualitative and quantitative characteristics of natural resources and environment.

9. Statistical report on natural resources of sea and islands means investigation, compilation and assessment of current conditions of natural resources of sea and islands at the time of statistical reporting and fluctuations between statistical reporting periods.

10. General monitoring and supervision of natural resources and environment mean a process of monitoring natural resources and environment, and impacts on natural resources and environment in a systematical way to supply information for assessment of current conditions and development of natural resources and environment, making forecasts and warnings about negative impacts on natural resources and environment.

11. Risk of environmental pollution means possible occurrence of pollution and damage to people, property, natural resources, living conditions and socio-economic activities caused by sea and island environment pollution.

12. Oil and toxic chemical spill on the sea means oil and toxic chemicals released into the sea from containers, transport vehicles, or from installations, facilities and oil field as a result of technical failures, natural disasters, and accidents or by human activities.

13. Facility owners mean individuals or heads of agencies, organizations responsible for all activities of exploitation, transportation and use of oil, oil products and toxic chemicals.

14. Sea dumping means intentional plunging or emptying into the sea all physical objects, matters subject to dumping at the sea as prescribed hereof.

Article 4. State policies on natural resources and environment of sea and island

1. The State shall guarantee natural resources and environment are managed, protected, exploited and used in an appropriate, effective and sustainable way under strategy, planning and plan for socio-economic development, protection of national sovereignty and assurance of National defense and security.

2. The State shall mobilize resources and encourage fundamental investigation and scientific research of natural resources and environment; place priority on deep and remote ocean, islands, bordering international waters and new natural resources of great importance for socio-economic development, assurance of National defense and security; issue policies encouraging organizations or individuals to participate in the exploitation and use of natural resources and environment in a sustainable way.

3. Intensify control of sea and island environmental pollution; increase efficiency in coordination in pollution control, prevention and coping with sea and island environment problems, climate change, rising sea; keep tight control of sea dumping activities.

4. Making investment to increase capability of observation, monitoring and forecasts about natural resources and environment; establish comprehensive information and database system on natural resources and environment fostering development of marine economy and National defense and security.

5. Expand and increase efficiency in international cooperation in the management, exploitation and use of natural resources and environment on the principles of maintaining independence and sovereignty of the Nation.

Article 5. Principles of general management of natural resources of sea and islands

1. Natural resources of sea and islands must be managed in agreement with strategy for exploitation and sustainable use and protection of natural resources and environment; planning and plans for use of sea; general planning for exploitation and sustainable use of natural resources in littoral zones; protection of national sovereignty, assurance of National defense and security.

2. General management of natural resources of sea and islands must be based on ecosystem approach ensuring natural resources of sea and islands are exploited and used in agreement with function of each sea area and within load capacity of environment, ocean ecosystem and islands.

3. General management of natural resources of sea and islands must have close coordination between sectors and levels; creating favorable conditions for residential communities, relevant organizations or individuals to get involved actively and effectively during the management, ensuring rights of residents to get access to the sea.

Article 6. Participation of residential communities, relevant organizations or individuals in the general management of natural resources and environment

1. Competent state agencies shall be responsible for ensuring smooth and effective participation of residential communities, relevant organizations or individuals in the general management of natural resources and environment.

2. Competent state agencies shall be responsible for getting suggestions from residential communities, relevant organizations or individuals during the formulation of the strategy for exploitation and sustainable use of natural resources and environment, the general planning for exploitation and sustainable use of natural resources in littoral zones, the program of general management of natural resources in littoral zones and establishment of coastal area protection corridors; be open to and make explanation of suggestions contributed by residential communities, relevant organizations or individuals.

3. Collection of suggestions from residential communities, relevant organizations or individuals is carried out in writing or by means of mass media, electronic information pages of competent state agencies. Reception or explanation of suggestions must be made public on electronic information pages of competent state agencies.

Article 7. Week of Sea and Islands in Vietnam

Week of Sea and Islands in Vietnam is from June 01-08 annually.

Article 8. Prohibited acts

1. Exploitation and use of natural resources of sea and islands in opposition to law provisions;

2. Violate the planning and plans for use of sea, general planning for exploitation and sustainable use of natural resources of littoral zones approved and announced by competent state agencies;

3. Make corrupt use of fundamental investigation, scientific research, exploitation and use of natural resources of sea and islands to affect national defense and security, national interests, lawful rights and benefits of other organizations, individuals.

4. Perform activities within coastal area protection corridors as prescribed in Article 24 and on archipelago, islands, shallow areas, and sandbanks to be protected as prescribed in Clauses 2, 4, Article 41 hereof.

5. Destroy and degrade environment and ecosystem of sea and islands;

6. Plunge and empty into the sea within territorial waters of Vietnam physical matters without permission and in opposition to law provisions;

7. Supply, exploit and use of natural resources of sea and islands in opposition to law provisions;

8. Make corrupt use of business titles and powers to break regulations on general management of natural resources and environment;