Chương V Luật Thực hành tiết kiệm, chống lãng phí 2005: Thực hành tiết kiệm, chống lãng phí trong quản lý, khai thác, sử dụng tài nguyên thiên nhiên

Chapter V

THRIFT PRACTICE, WASTE COMBAT IN MANAGEMENT, EXPLOITATION AND USE OF NATURAL RESOURCES

Article 38.- Land use planning

1. Competent state bodies shall have to direct, survey, measure, evaluate and categorize land, make cadastral maps, maps on actual land use and land use planning, work out or adjust land-use plannings and plans, ensuring the publicity and transparency.

2. Competent state bodies shall have to consider and approve land-use plannings and plans or decide to adjust land-use plannings and/or plans in strict accordance with the provisions of land law, ensuring publicity and transparency.

3. Heads of competent state bodies who violate the provisions of Clauses 1 and 2 of this Article, thus causing waste shall have to pay compensations and be disciplined.

Article 39.- Land management

1. State bodies competent to assign land, lease land, recover land, permit land use purpose changes must strictly comply with the provisions of law and law-prescribed process and procedures and with the approved land-use plannings and plans.

2. All acts of assigning land, leasing land, recovering land or changing land use purposes in contravention of the provisions of land law, land use purposes, land-use plannings or plans shall be strictly prohibited.

3. Persons competent to assign land, lease land, recover land or permit land use purpose changes and relevant persons, who violate the provisions of Clauses 1 and 2 of this Article, thus causing waste, shall have to pay compensations and be administratively sanctioned or disciplined.

Article 40.- Land use

1. Agencies, organizations and individuals, that are assigned land but do not use or have used the land not for proper purposes shall have such land recovered and be administratively sanctioned or disciplined.

2. All acts of deteriorating land, polluting land, causing the loss of land or reducing the land's usability, causing waste by land users are strictly forbidden. The land users who commit acts of causing waste, causing adverse impacts on environment and nearby land users shall have to pay compensations, have their land recovered and be administratively sanctioned or disciplined.

3. Persons who detect acts of polluting, destroying or wasting land shall have to report thereon to competent state bodies for taking prompt preventive and remedial measures.

Article 41.- Naters resources plannings, management

1. Competent state bodies shall have to direct, formulate, appraise, approve water resources plannings; draw up plans on thrifty and efficient exploitation and protection of water resources. Agencies, organizations and individuals must strictly comply with water resources-exploiting and -using plannings and plans approved by competent state bodies.

2. Competent state bodies shall have to strictly manage the exploitation and use of water resources; manage water source quality and reserves; promptly handle or propose competent state bodies to handle acts of polluting, destroying or wasting water resources.

3. Heads of competent state bodies, who violate the provisions of Clauses 1 and 2 of this Article, thus causing waste shall have to pay compensations and be disciplined.

Article 42.- Exploitation and use of water resources

1. Agencies, organizations and individuals, that are assigned to exploit and use water resources in service of production and daily life, must work out measures to practice thrift and combat waste in exploitation, use and protection of water resources. All acts of polluting, destroying or wasting water resources in the exploitation and use thereof must be subject to compensations and administrative sanctions.

2. Persons who detect acts of polluting, destroying or wasting water resources shall have to report them to competent state bodies for taking prompt preventive and handling measures.

Article 43.- Minerals plannings, management

1. Competent state bodies shall have to direct, formulate plannings on, investigate, explore, draw up plans on exploitation and management of the exploitation and use of minerals resources with thrift and efficiency.

2. Competent state bodies shall have to consider and grant minerals exploitation permits to agencies, organizations and individuals in accordance with the conditions and procedures prescribed by law.

3. Agencies, organizations and individuals, that violate the provisions of Clauses 1 and 2 of this Article, thus causing waste, shall have to pay compensations and be administratively sanctioned or disciplined.

Article 44.- Exploitation and use of minerals

1. Agencies, organizations and individuals, that are granted permits to exploit minerals shall only be permitted to exploit the types of minerals, with techniques and according to mineral reserves inscribed in their respective permits; in case of overexploitation or exploitation of minerals of the types and/or with techniques different from those inscribed in their permits, causing damage to or waste of minerals, they shall have to pay compensations and be administratively sanctioned.

2. All acts of illegally exploiting minerals are strictly prohibited. Persons who detect that agencies, organizations or individuals illegally exploit, thus causing damage to or waste of minerals, shall have to report them to competent state bodies for taking prompt preventive and handling measures.

3. Agencies, organizations and individuals, when using minerals, must ensure thrift and efficiency; if causing waste, they shall have to pay compensations and be administratively sanctioned.

Article 45.- Forest resources plannings and management

1. Competent state bodies shall have to direct, formulate plannings on forest resource management, exploitation and protection. The formulation of forest resource-exploiting plannings and plans must be in line with plannings, plans on forest resource generation, protection and development; comply with the provisions of law on forest protection and development.

2. The planting of production forests, preventive forests and the development of natural forests must comply with the plannings and plans already approved by competent state bodies.

3. Heads of agencies or organizations violating the provisions of Clauses 1 and 2 of this Article, thus causing waste shall have to pay compensations and be administratively sanctioned or disciplined.

Article 46.- Forest resource exploitation and use

1. The exploitation of forest resources must comply with the provisions of law on forest protection and development. All acts of illegally exploiting, destroying, wasting ecological systems, forest flora and fauna are strictly prohibited.

2. Agencies, organizations and individuals that violate regulations on forest resource exploitation and use, thus destroying or wasting forest resources shall have to pay compensations and be administratively sanctioned.

3. Persons who detect acts of violating the provisions of law on forest protection and development, destroying and/or wasting forest resources shall have to report them to competent state bodies for prompt preventive and handling measures.

Article 47.- Management, exploitation and use of natural resources of other types

1. Assorted natural resources not yet specified in Articles 38 thru 46 of this Law shall be managed, exploited and used thriftily and efficiently.

2. Agencies, organizations and individuals that commit acts of destroying, wasting natural resources shall have to pay compensations and be administratively sanctioned.

3. Persons who detect acts of destroying, wasting natural resources shall have to report them to competent state bodies for prompt preventive and handling measures.

Article 48.- Reuse of resources and assorted energies

1. The state shall adopt policies to encourage organizations and individuals to recycle, reuse resources and recyclable energies.

2. The Government shall detail Clause 1 of this Article.