Chương V Luật tài nguyên, môi trường biển và hải đảo 2015: Quản lý tài nguyên hải đảo

Chapter V

MANAGEMENT OF NATURAL RESOURCES IN ISLANDS

Article 39. Requirements for management of natural resources in islands

1. Natural resources in islands must be managed in agreement with the strategy for exploitation and sustainable use of natural resources and protection of sea and island environment; sea-use planning and plans; general planning for exploitation and sustainable use of natural resources in littoral zones and provisions as prescribed hereof.

2. Islands must be put into fundamental investigation, overall and comprehensive assessment of natural conditions, natural resources and environment; statistical reporting, classification for documentation and orientation of exploitation and appropriate and effective use of natural resources for socio-economic development, defense of national sovereignty, assurance of National defense and security, coping with climate change, rising sea, preservation and promotion of values of cultural heritages.

3. Ensure harmony between demands for exploitation and use of natural resources and demands for preservation, development and protection of environment and ecosystem;

Article 40. Formulation and management of documentation of natural resources in islands

1. Islands shall be classified for protection, preservation, exploitation and use of natural resources according to the Government’s regulations;

2. Documentation of natural resources in islands includes:

a) Information sheet: names or number signs of islands; type of islands; positions, coordinates, area; exploitation and use of islands;

b) Maps defining positions, coordinates and borderlines of islands;

c) Result of investigation and overall assessment of island natural resources and environment;

d) Statistical reports, records of fluctuations in island natural resources and environment, and other relevant information;

3. People’s committees of central-affiliated coastal cities and provinces shall be responsible for formulating and managing documentation of islands within local level.

4. The Minister of Natural Resources and Environment shall detail documentation of natural resources in islands and provide guidance on formulation and management of natural resources in islands.

Article 41. Exploitation and use of natural resources in islands

1. Exploitation and use of natural resources in archipelago, islands are instructed in the same way as exploitation and use of natural resources in mainland as prescribed hereof and other relevant law provisions.

2. For archipelago, islands that must be protected and preserved except cases as prescribed in Clause 5 of this Article, the following activities are prohibited:

a) Carry out new constructions; installation of facilities;

b) Impacts resulting in changes to topography, geomorphology and soil quality;

c) Activities of exploitation, excavation, backfilling, soil improvement; exploitation of minerals, underground water; bringing natural formations out of archipelago, islands;

d) Reclamation, felling, encroachments on vegetational cover; bringing wild plants out of archipelago, islands;

dd) Hunting, bringing animals out of archipelago, islands; grazing livestocks, bringing alien living things on archipelago, islands;

e) Dump or bring waste matters on archipelago, islands;

3. Exploitation and use of natural resources in shallow areas, sandbanks must be permitted by competent state agencies as prescribed hereof, relevant law provisions and the international agreements to which the Socialist Republic of Vietnam is a signatory.

4. For shallow areas, sandbanks to be protected, preserved except cases as prescribed in Clause 5 of this Article, the following activities are prohibited:

a) Carry out new constructions; installation of facilities;

b) Impacts resulting in changes to topography, geomorphology;

c) Reclamation, exploitation, excavation, backfilling, soil improvement; exploitation of minerals; bringing natural formations out of shallow areas, sandbanks;

d) Dump or bring waste matters on shallow areas, sandbanks;

5. Activities as prescribed in Clauses 2, 4 of this Article shall be permitted in the following cases:

a) Serve the purpose of National defense and security and perform state management tasks;

b) Serve the purpose of scientific research, investigation, research and assessment of natural conditions, natural resources and environment permitted by competent state agencies; carry out programs and projects of the State;

c) Prevention and fighting against natural disasters, activities of rescue and relief;

d) Other cases as approved by the Prime Minister;