Chapter IV
GENERAL PLANNING FOR EXPLOITATION AND SUSTAINABLE USE OF NATURAL RESOURCES IN LITTORAL ZONES
Section 1: Littoral zones and coastal area protection corridors
Article 22. Scope of coastal area
1. Scope of coastal area is determined on the basis of natural, socio-economic conditions in each coastal area; characteristics of interaction between mainland or islands and ocean; demands for protection of coastal area environment, coping with climate change, rising sea; current conditions and demands for exploitation and use of natural resources, and other characteristics for general management of natural resources in littoral zones in accordance with management capacity.
2. The Government shall detail scope of coastal area as prescribed in Clause 1 of this Article.
Section 23: Coastal area protection corridors
1. Coastal area protection corridor is a littoral strip established in the areas in need of protection to maintain service value of ecosystem and natural landscape in littoral zones, maximize coastal land slides, cope with climate change and rising sea; ensure people’ rights to access to sea.
2. Establishment of coastal area protection corridors must comply with the following principles:
a) Base oneself on requirements, objectives of the establishment of coastal area protection corridors as prescribed in Clause 1 of this Article;
b) Ensure scientificity, objectivity and harmony between requirements for protection and development with due account taken of current conditions of exploitation and use of natural resources in shoreline areas; preserve and bring into play value of cultural heritages; ensure feasibility and conformity with actual conditions in local administrative division;
c) Accord with regulations on dikes and dike maintenance, sea borders; ensure National defense and security;
d) Define borderlines of coastal area protection corridors in the areas with corridors being established;
đ) dd) Ensure interests of the State, lawful rights and benefits of relevant organizations and individuals; ensure public disclosure, transparency and participation of residential communities, relevant organizations and individuals in the areas with corridors established; ensure people’s rights to access to sea.
3. Width of coastal area protection corridors is calculated from average height of tides over years to the mainland or inside the island.
4. People’s committees of central-affiliated coast cities and provinces shall rely on actual circumstances in local administrative divisions as prescribed in this Article to organize establishment, announcement of coastal area protection corridors within management.
5. This Article shall be detailed by the Government.
Section 24: Prohibited acts within coastal area protection corridors
1. Mineral extraction unless otherwise as approved by the Prime Minister;
2. Establish new constructions and expand construction works except the works used for protection of National defense and security, prevention and fighting against natural disaster and coastal land slides, coping with climate change, rising sea, preserving and bringing into play value of cultural heritages and other construction works serving interests of the nation, communities decided to invest by the National Assembly, Government, the Prime Minister, heads of ministries, central agencies, People’s Council, People’s committees of central-affiliated coastal cities and provinces.
3. Construct cemeteries and landfills;
4. Activities of drilling, excavation, and backfilling within coastal area protection corridors except activities as prescribed in Article 25 hereof;
5. Illegal transgression and use of coastal area protection corridors;
6. Activities that cause coastal landslide, degrade ecosystem, value of service of ecosystem and natural landscapes;
Article 25: Restricted activities within coastal area protection corridors
1. Within coastal area protection corridors, the following activities are restricted:
a) Exploit underground water;
b) Carry out land reclamation;
c) Renovate constructed works;
d) Carry out survey of minerals, oil and gas;
dd) Activities of production, trading and services likely to degrade ecosystem, value of service of ecosystem and natural landscapes;
2. This Article shall be detailed by the Government.
Section 2: GENERAL PLANNING FOR EXPLOITATION AND SUSTAINABLE USE OF NATURAL RESOURCES IN LITTORAL ZONES
Section 26: Principles, foundations for formulating general planning
1. Principles:
a) Accord with the strategy for exploitation and sustainable use and protection of natural resources and environment; sea-use planning;
b) Ensure harmony in exploitation and use of natural resources, protection of environment and sustainable development of littoral zones, protection of national sovereignty, defense and security;
c) Integrate requirements for preventing and fighting natural disasters, coping with climate change, rising sea;
d) Ensure public disclosure, transparency and participation of residential communities, and relevant agencies, organizations, and individuals; ensure people’s rights to access to sea;
dd) Accord with resources and ensure feasibility;
2. Foundations:
a) Strategy for exploitation and sustainable use of natural resources and environment; sea-use planning;
b) Natural and socio-economic conditions and specific characteristics of each area within littoral zones, potentiality of natural resources, current conditions of coastal area environment; forecast impacts of climate change, rising sea;
c) Result of fundamental investigation of littoral zones; statistical reports on natural resources in littoral zones;
d) Demands for exploitation and use of natural resources; demands for protection of environment in littoral zones;
dd) Result of performance of general planning for exploitation and sustainable use of natural resources in littoral zones in previous reporting period;
Article 27: Scope, content and period of general planning for exploitation and sustainable use of natural resources in littoral zones
1. General planning for exploitation and sustainable use of natural resources in littoral zones is formulated for the entire coast areas across the country.
2. Content of the planning:
a) Perform general assessment of natural and socio-economic conditions, environment; current conditions of coastal area environment; trends in fluctuation of natural resources and environment in littoral zones; demands for exploitation and use of natural resources and demands for environmental protection in littoral zones;
b) Identify objectives, orientation and construction of general method of exploitation and sustainable use of natural resources and protection of environment in littoral zones;
c) Zoning for exploitation and use of natural resources in littoral zones; sea areas used to dump physical matters as prescribed in Article 33 hereof;
d) Solutions and programs for implementing the planning
3. Period of general planning of exploitation and sustainable use of natural resources in littoral zones established for a 10-year period, and a 20-year vision.
Article 28: Revision of general planning for exploitation and sustainable use of natural resources in littoral zones
1. Revision of general planning for exploitation and sustainable use of natural resources of littoral zones is made in the following cases:
a) Revisions made to the strategy for exploitation and sustainable use of natural resources, protection of environment, the sea-use planning result in changes to the approved planning.
b) Impacts of natural disasters, wars, environmental emergencies result in changes to the approved planning.
2. Revisions made to the general planning for exploitation and sustainable use of natural resources in littoral zones are an integral part of the approved general planning for exploitation and sustainable use of natural resources in littoral zones.
Article 29: Formulation, assessment, approval and revision of general planning for exploitation and sustainable use of natural resources in littoral zones
1. The Ministry of Natural Resources and Environment shall preside over and cooperate with ministries, ministerial-level agencies and People’s committees of central-affiliated coastal cities and provinces in the formulation and submission of the general planning for exploitation and sustainable use of natural resources in littoral zones to the Government for revision and approval.
2. The general planning for exploitation and sustainable use of natural resources in littoral zones must be assessed prior to submission for approval according to law provisions.
3. This Article shall be detailed by the Government.
Article 30: Collection of suggestions and announcement of general planning for exploitation and sustainable use of natural resources in littoral zones
1. Collection of suggestions during the formulation of general planning for exploitation and sustainable use of natural resources in littoral zones;
a) The Ministry of Natural Resources and Environment shall be responsible for organizing collection of suggestions from relevant agencies, organizations, individuals, and residential communities;
b) Suggestions are collected through conferences, written communications, and public announcement on the websites of the Government, the Ministry of Natural Resources and Environment and People’s committees of central-affiliated coastal cities and provinces.
Time for public announcement on the websites to collect suggestions is at least 90 days.
c) The Ministry of Natural Resources and Environment shall be responsible for making the report, compilation and explanations of suggestions; making public announcement on the websites of the Government, the Ministry of Natural Resources and Environment and People’s committees of central-affiliated coastal cities and provinces.
2. Within 30 days since general planning for exploitation and sustainable use of natural resources in littoral zones is approved by the Government, the Ministry of Natural Resources and Environment shall be responsible for making public announcement of the planning throughout the planning period;
Article 31: Implementation of general planning for exploitation and sustainable use of natural resources in littoral zones
1. The Ministry of Natural Resources and Environment shall preside over and cooperate with ministries, ministerial-level agencies and People’s committees of central-affiliated coastal cities and provinces in organizing and inspecting the implementation of the general planning for exploitation and sustainable use of natural resources in littoral zones.
2. Ministries, ministerial-level agencies and People’s committees of central-affiliated coastal cities and provinces shall be responsible for organizing the implementation of the general planning for exploitation and sustainable use of natural resources in littoral zones.
3. Organizations and individuals in connection with exploitation and sustainable use of natural resources in littoral zones shall be responsible for complying with the general planning for exploitation and use of natural resources in littoral zones.
Article 32. Relationship between general planning for exploitation and sustainable use of natural resources in littoral zones and planning for exploitation and use of natural resources, planning for development of sectors and localities
1. Planning for exploitation and use of natural resources, planning for development of sectors and localities with content in connection with exploitation and sustainable use of natural resources in littoral zones must conform to the approved general planning for exploitation and sustainable use of natural resources in littoral zones.
2. Ministries, ministerial-level agencies and People’s committees of central-affiliated coastal cities and provinces, within the scope of duties and powers, shall be responsible for making checks, proposals for supplements and amendments to planning for exploitation and use of natural resources, planning for development of sectors, localities with content in connection with exploitation and sustainable use of natural resources and environment in accordance with the approved general planning for exploitation and sustainable use of natural resources in littoral zones.
Article 33. Principles of zoning exploitation and use of natural resources in littoral zones
1. Making consideration and overall assessment of natural resources, environmental conditions, geographic characteristics of the area; role of the area expected to be zoned for socio-economic development, national defense and security, preservation and promotion of values of cultural heritages, protection of environment and ecosystem.
2. Ensure integrity and harmony between demands for exploitation and use, and demands for protection of natural resources, environment and ecosystem; harmonize short-tem and long-term interests of organizations and individuals that exploit and use natural resources and interests of the State and communities; prioritize long-term interests and interests of communities; ensure people’s rights to access to sea; ensure National defense and security, maritime traffic safety.
3. Based on result of assessment and identification of area, level of priority in exploitation and use natural resources, select an optimal zoning plan to ensure harmony between economic development and protection of environment and ecosystem of sea and islands for sustainable development of littoral zones, defense of national sovereignty, assurance of national defense and security.
Section 3. PROGRAM FOR GENERAL MANAGEMENT OF NATURAL RESOURCES IN LITTORAL ZONES
Article 34. Scope and content of program for general management of natural resources in littoral zones
1. The program for general management of natural resources in littoral zones includes programs at interprovincial level and programs within management of central-affiliated coastal cities and provinces.
2. Program for general management of natural resources in littoral zones is formulated for the coastal area in the following cases:
a) Concentration of a great deal of activities of exploitation and use of natural resources with conflicts or possible risk of conflicts of interests in exploitation and use of natural resources that need participation of various levels, sectors and communities for handling;
b) Natural resources and values of ecosystems of the coastal area running the risk of severe degradation as a result of activities of exploitation and use of natural resources; running high or very high risk of pollution;
c) Having a particular significance for socio-economic development, National defense and security, preservation and promotion of values of cultural heritages, protection of environment and ecosystem but vulnerable to climate change and rising sea.
3. The program for general management of natural resources in littoral zones includes the following information:
a) Objectives;
b) Issues to be addressed, order of priority to handling; indices for assessment of program implementation;
c) Specific solutions and tasks for implementation of the program;
d) Resources for implementation of the program;
Article 35. Principles, foundations for formulation and revision of program for general management of natural resources in littoral zones
1. Principles of formulation and revision of program for general management of natural resources in littoral zones;
a) Ensure settlement of conflicts of interests in exploitation and use of natural resources; harmonize interests of the parties involved;
b) Ensure participation of the parties involved during the formulation of the program for general management of natural resources in littoral zones;
c) Ensure practicality, feasibility during the implementation;
2. Foundations for formulation of the program for general management of natural resources in littoral zones:
a) General planning for exploitation and sustainable use of natural resources in littoral zones
b) Current conditions of exploitation and use of natural resources and environment in littoral zones within scope of the program;
c) Financial, workforce, science and technology capabilities;
3. The program for general management of natural resources in littoral zones shall be revised when one of foundations as prescribed in Clause 2 of this Article changes.
Article 36. Formulation, assessment, approval and revision of program for general management of natural resources in littoral zones
1. The Ministry of Natural Resources and Environment shall preside over and cooperate with ministries, ministerial-level agencies and People’s committees of central-affiliated coastal cities and provinces in the formulation and submission of interprovincial-level program for general management of natural resources in littoral zones to the Prime Minister for revision and approval.
2. People’s committees of central-affiliated coastal cities and provinces shall organize formulation and revision of the program for general management of natural resources in littoral zones within management; collect suggestions from the Ministry of Natural Resources and Environment before approval.
3. The program for general management of natural resources in littoral zones must be assessed in advance of approval.
4. This Article shall be detailed by the Government.
Article 37. Collect suggestions and announce program for general management of natural resources in littoral zones
1. Collect suggestions during formulation of program for general management of natural resources in littoral zones
a) The agency charged with formulating the program shall be responsible for collecting suggestions from relevant agencies, organizations, individuals, and residential communities;
b) Suggestions are collected through conferences, written communications, and public announcement on the websites of the agency charged with formulating the program.
For programs at interprovincial levels and programs within management of central-affiliated coastal cities and provinces, time limit for public announcement on the websites to collect suggestions is at least 90 days and 60 days respectively.
2. The program for general management of natural resources in littoral zones must be made in public within 30 days since it is approved.
Section 38. Implementation of program for general management of natural resources in littoral zones
1. The Ministry of Natural Resources and Environment shall preside over implementation of the interprovincial-level program for general management of natural resources in littoral zones Ministries, ministerial-level agencies and People’s committees of central-affiliated coastal cities and provinces shall be responsible for cooperating with the Ministry of Natural Resources and Environment in the implementation of the interprovincial-level program for general management of natural resources in littoral zones.
2. People’s committees of central-affiliated coastal cities and provinces shall organize implementation of the program for general management of natural resources in littoral zones under its approval.
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