Chương II Nghị định 08/2022/NĐ-CP : Bảo vệ các thành phần môi trường và di sản thiên nhiên

Chapter II

PROTECTION OF ENVIRONMENTAL COMPONENTS AND NATURAL HERITAGE SITES

Section 1. WATER PROTECTION

Article 4. Contents of surface water quality management plan

Main contents of a surface water quality management plan are provided in clause 2 Article 9 of the LEP. Several contents are elaborated as follows:

1. Regarding assessment of surface water quality; determination of surface water safeguard zones and water source protection corridors; determination of aquatic areas:

a) Current state and changes in quality of surface water in rivers and lakes in at least the last 03 years;

b) Current state of surface water safeguard zones, water source protection corridors and aquatic areas already determined as prescribed by regulations of law on water resources.

2. Regarding types and total amount of pollutants discharged into the surface water:

a) Consolidated results of assessment of total load of each pollutant selected to assess the c from point and non-point source pollution and surface already investigated and assessed as prescribed in point b clause 2 Article 9 of the LEP;

b) Prediction of load of pollutants generated from point and non-point sources of pollution during the planning period.

3. Assessment of carrying capacity, zoning and quotas for wastewater discharge:

a) Consolidation of results of assessment of carrying capacity of surface water on the basis of the available results given in the last 03 years and results of additional investigation and assessment; determination of the roadmap for assessment of carrying capacity of surface water during the period of implementation of the surface water quality management plan;

b) Zoning of wastewater discharge by purposes of protecting and improving quality of surface water on the basis of results of assessment of carrying capacity of surface water and environmental zoning (if any);

c) Determination of wastewater discharge quota for each river and lake section on the basis of results of assessment of carrying capacity of surface water and environmental zoning.

4. Prediction of trends in changes in surface water quality on the basis of the following contents:

a) Prediction of load of pollutants generated from point and non-point sources of pollution during the next 05 year period;

b) Results of performance of the tasks in Clauses 1 to 3 of this Article.

5. Regarding objectives and targets of the plan:

a) Surface water quality objectives and targets to be achieved for the 5-year period for each river and lake section on the basis of practical needs for socio-economic development and environmental protection; provincial river and lake water quality objectives appropriate to the inter-provincial river and lake water quality objectives;

b) Objectives and roadmap for reducing discharge into river and lake sections that have reached their carrying capacity in order to improve water quality, particularly: total pollutant load that needs to be reduced for each pollutant for which the surface water has reached its carrying capacity; allocation of the load to be reduced according to pollution sources and roadmap.

6. Regarding measures to prevent and reduce surface water pollution; solutions for cooperation, sharing of information and management of transboundary surface water pollution:

a) The measures specified in clause 2 Article 7 of the LEP for the river and lake sections which have reached their carrying capacity;

b) Measures and solutions for protecting surface water safeguard zones, water source protection corridors and aquatic areas in accordance with regulations of law on water resources;

c) Mechanisms and policies for implementing the roadmaps specified in Points a and b Clause 4 of this Article;

d) Measures and solutions for control of discharges to surface water;

dd) Establishing a system for monitoring and warning of changes in surface water quality, including transboundary surface water quality in line with the national environmental monitoring planning and environmental monitoring contents mentioned in the regional planning and provincial planning;

e) Measures and solutions for cooperation in and sharing of information about transboundary surface water quality;

g) Other measures and solutions.

7. Regarding solutions for protecting and improving surface water quality:

a) Scientific and technological solutions for remediating polluted surface water and improving surface water quality;

b) Mechanisms and policies;

c) Solutions for organizing and mobilizing participation by agencies, organizations and communities;

d) Other construction and non-structural solutions.

8. Implementation:

a) Delegation of responsibilities to presiding authorities and cooperating authorities for implementing the plan;

b) Mechanism for supervising, reporting and expediting the implementation;

c) List of prioritized projects and tasks for fulfillment of the plan objectives;

d) Mechanism for allocating resources for implementation of the plan.

Article 5. Procedures for implementing the surface water quality management plan

1. The surface water quality management plan for inter-provincial rivers and lakes plays a significant role in socio-economic development and environmental protection shall be promulgated for each inter-provincial river and lake according to the following regulations:

a) The Ministry of Natural Resources and Environment (MONRE) shall preside over and cooperate with Ministries, ministerial agencies and People’s Committees of provinces concerned in formulating, approving and implementing the scheme for investigation, assessment and production of the draft of the surface water quality management plan for each inter-provincial river and lake;

b) MONRE shall send the draft of the surface water quality management plan for each provincial river and lake to the provincial People’s Committees, Ministries and ministerial agencies concerned to seek written opinions; consider, receive and respond to opinions, complete the draft plan and submit it to the Prime Minister for consideration and promulgation. A dossier submitted to the Prime Minister consists of a proposal; draft plan; draft of the decision to promulgate the plan; report on response to opinions; written opinions of relevant agencies;

c) According to the state management requirements and proposals of the provincial People’s Committees, MONRE shall consider and decide to assign the task of formulating the surface water quality management plan for each inter-provincial river and lake to the provincial People’s Committees, which will preside over and cooperate with local authorities and agencies concerned in performing the task.

The provincial People’s Committee assigned the task shall preside over assuming MONRE’s responsibility for drawing up, seeking opinions on and completing the draft plan as prescribed in points a and b of this clause; submit a dossier prescribed in point b of this clause to MONRE for consideration and submission to the Prime Minister for promulgation.

2. The surface water quality management plan for provincial rivers and lakes plays a significant role in socio-economic development and environmental protection shall be formulated for all provincial rivers and lakes or each provincial river and lake and according to the following regulations:

a) The provincial specialized environmental protection authority shall preside over and cooperate with departments, branches and People’s Committees of districts concerned in formulating, approving and implementing the scheme for investigation, assessment and production of the draft of the surface water quality management plan for provincial rivers and lakes;

b) The provincial specialized environmental protection authority shall send the draft of the surface water quality management plan for provincial rivers and lakes to the district-level People’s Committees, departments and branches concerned and provincial specialized environmental protection authorities of bordering provinces and central-affiliated cities to seek written opinions; consider, receive and respond to opinions, complete the draft plan and submit it to the provincial People’s Committee for consideration and promulgation. A dossier submitted to the provincial People’s Committee consists of a proposal; draft plan; draft of the decision to promulgate the plan; report on response to opinions; written opinions of relevant agencies.

3. The determination of rivers and lakes serves an important role in socio-economic development and environmental protection and is carried out according to current state of surface water quality, current state of waste sources, demand for water for purposes of socio-economic development, protection and improvement of surface water quality and other requirements for state management of environmental protection.

4. The surface water quality management plan for inter-provincial rivers and lakes must conform to the national environmental protection planning. If the national environmental protection planning is yet to be promulgated, the surface water quality management plan for inter-provincial rivers and lakes must comply with state management requirements, be reviewed and updated so that it conforms to the national environmental protection planning to be promulgated.

5. The surface water quality management plan for provincial rivers and lakes must conform to the national environmental protection planning and environmental protection contents in regional planning and provincial planning. If the national environmental protection planning or environmental protection contents in the regional planning or provincial planning are yet to be promulgated, the surface water quality management plan for provincial rivers and lakes must comply with state management requirements, be reviewed and updated so that it conforms to the national environmental protection planning, regional planning and provincial planning to be promulgated.

6. The surface water quality management plan specified in clauses 1 and 2 of this Article must be formulated in accordance with the 05-year socio-economic development plan. Before June 30 of the fourth year of the medium-term public investment plan in the previous period, the plan approving authority shall direct the review and assessment of implementation of the plan in the previous period, formulation and approval of a plan for the next period to form a basis for proposing a medium-term public investment plan.

Section 2. AIR PROTECTION

Article 6. Contents of national air quality management plan

Main contents of a national air quality management plan are provided in clause 3 Article 13 of the LEP. Several contents are elaborated as follows:

1. Regarding assessment of management and control of air pollution at national level; identification of major causes of air pollution:

a) Current state and changes in national air quality in at least the last 03 years; total amount of emissions causing air pollution and spatial distribution of emissions from point, mobile and non-point sources of pollution; impacts of air pollution on community health;

b) Results of execution of air quality monitoring programs, automatic and continuous air quality and industrial emission monitoring stations; the use of monitoring data in service of assessment of changes in and management of air quality in at least the last 03 years;

c) Current management of national air quality in at least the last 03 years; problems about air quality management;

d) Considering major causes of air pollution.

2. Air quality management objectives:

a) Overall objectives: improving efficiency in air quality management in accordance with the socio-economic development plan and environmental protection plan according to the plan period;

b) Specific objectives: quantifying targets to reduce the total amount of emissions generated from the main sources of emissions; improving air quality.

3. Air quality management tasks and solutions:

a) Mechanisms and policies;

b) Scientific and technological tasks and solutions for improving air quality;

c) Tasks and solutions for air quality management and control.

4. Prioritized programs and projects for realizing the tasks and solutions specified in clause 3 of this Article.

5. Mechanism for cooperation in and measures for management of inter-regional and inter-provincial air quality which shall sufficiently specify contents and measures for cooperation in air pollution remediation and air quality management; responsibilities of agencies and organizations concerned for managing inter-regional and inter-provincial air quality, aggregating, reporting and publishing information in cases where air quality is polluted.

6. Organizing implementation of the national air quality management plan. To be specific:

a) Delegating responsibilities to presiding authorities and cooperating authorities for implementing the plan;

b) Mechanism for supervising, reporting and expediting the implementation;

c) List of prioritized programs and projects for fulfillment of the tasks and solutions mentioned in the plan;

d) Mechanism for allocating resources for implementation of the plan.

Article 7. Procedures for promulgating national air quality management plan

1. The national air quality management plan shall be promulgated according to the following regulations:

a) MONRE shall preside over and cooperate with Ministries, ministerial agencies and People’s Committees of provinces concerned in formulating, approving and implementing the scheme for investigation, assessment and production of the draft of the national air quality management plan;

b) MONRE shall send the draft of the national surface air quality management plan to the provincial People’s Committees, Ministries and ministerial agencies concerned to seek written opinions; consider, receive and respond to opinions, complete the draft plan and submit it to the Prime Minister for consideration and promulgation. A dossier submitted to the Prime Minister consists of a proposal, draft plan, draft of the decision to promulgate the plan; consolidated report on response to opinions; written opinions of relevant agencies.

2. The national air quality management plan must conform to the national environmental protection planning. If the national environmental protection planning is yet to be promulgated, the national air quality management plan must comply with state management requirements, be reviewed and updated so that it conforms to the national environmental protection planning to be promulgated.

3. The national air quality management plan must be formulated in accordance with the 05-year socio-economic development plan. Before June 30 of the fourth year of the medium-term public investment plan in the previous period, the plan approving authority shall direct the review and assessment of implementation of the plan in the previous period, formulation and approval of a plan for the next period to form a basis for proposing a medium-term public investment plan.

Article 8. Contents of provincial air quality management plans

Main contents of a provincial air quality management plan are provided in clause 4 Article 13 of the LEP. Several contents are elaborated as follows:

1. Regarding assessment of local air quality: current state of air quality in urban and rural areas and other areas.

2. Regarding assessment of management of air quality; air monitoring; determination and assessment of main sources of emissions; emission inventory; air quality modeling; status and effectiveness of air quality management measures that are being implemented; status of monitoring programs and systems; consolidation, determination and assessment of main sources of emissions (point, mobile and non-point sources of pollution); inventory of main sources of emissions and air quality modeling.

3. Regarding analysis and identification of causes of air pollution: objective causes lying in meteorological factors, seasonal climate, inter-provincial and transboundary pollution problems (if any); subjective causes lying in socio-economic development activities generating sources of emissions causing air pollution (point, mobile and non-point sources of pollution).

4. Assessment of impacts of air pollution on health community: information and data on cases (if any) impacted by air pollution; results of assessment of impacts of air pollution on health of locals.

5. Objectives and scope of air quality management: current state of and changes in air quality, current local management of air quality.

6. Air quality management tasks and solutions:

a) Mechanisms and policies;

b) Scientific and technological tasks and solutions for improving air quality;

c) Tasks and solutions for air quality management and control.

7. Organizing implementation of a provincial air quality management plan. To be specific:

a) Delegating responsibilities to presiding authorities and cooperating authorities for implementing the plan;

b) Mechanism for supervising, reporting and expediting the implementation;

c) Mechanism for allocating resources for implementation of the plan.

8. The provincial People’s Committee shall organize the formulation of a provincial air quality management plan under technical guidance of MONRE.

Article 9. Procedures for promulgating provincial air quality management plan

1. The provincial air quality management plan shall be promulgated according to the following regulations:

a) The provincial specialized environmental protection authority shall preside over and cooperate with departments, branches and People’s Committees of districts concerned in formulating, approving and implementing the scheme for investigation, assessment and production of the draft of the provincial air quality management plan;

b) The provincial specialized environmental protection authority shall send the draft of the provincial air quality management plan to the district-level People’s Committees, departments and branches concerned and provincial specialized environmental protection authorities of bordering provinces and central-affiliated cities if necessary to seek written opinions; consider, receive and respond to opinions, complete the draft plan and submit it to the provincial People’s Committee for consideration and promulgation.

A dossier submitted for promulgation of the provincial air quality management plan consists of a proposal; draft plan; draft of the decision to promulgate the plan; consolidated report on response to opinions about completion of the draft plan; written opinions of relevant agencies.

2. The provincial air quality management plan must conform to the provincial environmental protection planning and environmental protection contents in regional planning and provincial planning. If the national environmental protection planning or environmental protection contents in the regional planning or provincial planning are yet to be promulgated, the air quality management plan must comply with state management requirements for environmental protection, be reviewed and updated so that it conforms to the national environmental protection planning, regional planning and provincial planning to be promulgated.

3. The provincial air quality management plan must be formulated in accordance with the 05 year socio-economic development plan. Before June 30 of the fourth year of the medium-term public investment plan in the previous period, the plan approving authority shall direct the review and assessment of implementation of the plan in the previous period, formulation and approval of a plan for the next period to form a basis for proposing a medium-term public investment plan.

Article 10. Implementing emergency measures in case of serious air pollution

1. If the air is seriously polluted due to an environmental emergency, the response to environmental emergency shall comply with Section 1 Chapter X of the LEP.

2. If the air is seriously polluted in a case other than that specified in clause 1 of this Article, the competent authority specified in clauses 1 and 3 Article 14 of the LEP shall provide directions on the implementation of the following emergency measures:

a) Restricting, suspending or adjusting working hours of manufacturing establishments with high dust emission rates and emission discharge rates involved in a type of production that is likely to cause environmental pollution;

b) Restricting and diverting road vehicles;

c) Suspending or adjusting working hours of agencies, organizations and schools;

d) Suspending outdoor gatherings.

3. In the case of inter-provincial, regional or transboundary serious air pollution specified in point a clause 5 of this Article, MONRE shall request the Prime Minister to provide directions on the implementation of the following emergency measures specified in clause 2 of this Article. The provincial People’s Committee shall organize the implementation of the emergency measures in areas under its management as directed by the Prime Minister.

4. In the case of provincial serious air pollution specified in point b clause 5 of this Article, the provincial People’s Committee shall organize the implementation of the measures specified in clause 2 of this Article.

5. If the serious air pollution air is determined as follows:

a) The air is seriously polluted at inter-regional and inter-provincial level when the Vietnam daily Air Quality Index (VN_AQI) value is 301 or higher according to the monitoring results given by national and local environmental monitoring stations in at least 02 bordering provinces or central-affiliated cities within a period of 03 consecutive days;

b) The air is seriously polluted at provincial level when the Vietnam daily Air Quality Index (VN_AQI) value is 301 or higher according to the monitoring results given by national and local environmental monitoring stations within a period of 03 consecutive days.

Section 3. SOIL PROTECTION

Article 11. Responsibilities of agencies, organizations, residential communities, households and individuals for soil protection

1. Upon execution of investment projects, operation of businesses, dedicated areas for production, business operation and service provision and industrial clusters, the use of land for construction of cemeteries and graveyards, the use of land in rivers, channels, streams and specialized water surfaces, it is required to take measures to prevent and minimize adverse impacts on soil without polluting or degrading land quality or losing or reducing land use capability by intended purposes.

2. The repurposing of paddy land to land for growing annual and perennial plants or rice in combination with aquaculture must not pollute or degrade land and must comply with regulations of law on land.

3. The use of land for mineral activities, production of building materials and ceramic manufacturing must not cause adverse impacts on the landscape and environment and obstruct the flow; return the land to its original condition at the request of the authority allocating or leasing out land in accordance with regulations of law on land.

Article 12. Areas required to undergo investigation, assessment and classification of soil quality

1. Areas required to undergo investigation, assessment and classification of soil quality include:

a) Areas contaminated with chemicals during the war;

b) Areas that dedicated areas for production, business operation and service provision, industrial clusters, chemical depots, agrochemical warehouses, craft villages which have been closed or relocated;

c) Areas that have manufacturing establishments which have been closed or relocated and involved in one of the following types: mining and processing of toxic minerals and metal minerals; processing of minerals using toxic chemicals; production of cast iron and steel, metallurgy (except workpiece material rolling, drawing, casting); production of basic inorganic chemicals (except industrial gases), inorganic fertilizers (except blending, division and packaging), agrochemicals (except for blending and division); oil refinery and petrochemical; thermal power (except the use of gas or DO); recycling and treatment of domestic solid waste, normal industrial solid waste, hazardous waste; plating and cleaning of metal surfaces using dangerous chemicals; manufacture of batteries and accumulators;

d) Areas contaminated with chemicals and agrochemicals.

2. Soil quality investigation and assessment include preliminary and detailed investigation and assessment.

Article 13. Investigation, assessment, remediation and improvement of soil environment polluted by organizations and individuals

1. Agencies, organizations, residential communities, households and individuals causing soil pollution shall carry out detailed investigation and assessment as prescribed in Article 16 hereof; formulate and implement a scheme to improve and remediate soil pollution areas as prescribed in Article 17 of this Decree.

2. The soil environment remediation and improvement scheme must be sent to the provincial specialized environmental protection authority for inspection and supervision purposes.

Article 14. Investigation, assessment, remediation and improvement of soil environment within the state’s jurisdiction

1. The provincial People’s Committee shall direct the provincial specialized environmental protection authority to carry out preliminary investigation and assessment of the areas specified in clause 1 Article 12 of this Decree; carry out detailed investigation and assessment, formulate the environmental remediation and improvement scheme for the areas where soil pollution caused by a historic event occurs or in the case of failure to identify organizations and individuals causing pollution as prescribed in Articles 16 and 17 of this Decree to form a basis for setting up a project as prescribed in clause 2 of this Article.

2. The provincial People’s Committee shall approve environmental remediation and improvement schemes for the soil pollution areas specified in clause 1 of this Article in accordance with regulations of law on state budget.

3. The Ministry of National Defense and Ministry of Public Security shall carry out preliminary investigation and assessment of national defense and security land as prescribed in Article 15; carry out detailed investigation of national defense and security land as prescribed in Article 16 of this Decree; approve the project on environmental remediation and improvement in the case of national defense and security land as prescribed in Article 16 of this Decree and regulations of law on state budget.

4. The provincial People’s Committee, Ministry of National Defense and Ministry of Public Security shall send results of environmental improvement and remediation in the cases specified in clauses 2 and 3 of this Article.

5. It is advisable that sources of capital for soil environment improvement and remediation be diversified as prescribed by law.

Article 15. Preliminary investigation and assessment of soil quality

1. The preliminary investigation and assessment of land areas specified in clause 1 Article 12 of this Decree are aimed at assessing and identifying pollutants whose content exceed the permissible limits specified in the environmental technical regulation on soil quality, causes and entities causing environmental pollution. The preliminary investigation and assessment shall serve as the basis for determining, zoning and managing areas at risk of soil pollution, soil pollution areas as prescribed in clauses 2, 3 and 4 Article 17 of the LEP.

2. Preliminary investigation and assessment include:

a) Consolidating and reviewing documents relating to the land area to be investigated and assessed;

b) Carrying out a site survey of the soil pollution area;

c) Collecting and analyzing samples to determine concentration of pollutants, sources of pollution and carrying out preliminary assessment and classification of pollution degree;

d) Making a report on preliminary investigation and assessment according to the form promulgated by MONRE.

3. According to the result of preliminary investigation and assessment, the authority specified in clause 4 of this Article shall:

a) publish information and preliminarily zone the pollution area to carry out detailed investigation and assessment;

b) publish information and preliminarily zone the land area at risk of pollution to carry out supervision.

Article 16. Detailed investigation and assessment of soil pollution areas

1. The detailed investigation and assessment of a soil pollution area are aimed at determining residual pollutants and their concentration; sources of residual pollution; classifying degree and extent of environmental pollution; proposing environmental remediation and improvement.

2. Detailed investigation and assessment include:

a) Formulating a detailed site survey plan;

b) Carrying out detailed site investigation, survey and sampling according to distribution of residual pollutant concentration; carrying out detailed analysis and assessment, determination of components and characteristics causing residual pollution, degree and extent of impacts of residual pollutants on the environment;

c) Making a map of the soil pollution area showing information about pollutants, degree and extent of pollution;

d) Making a report on detailed investigation and assessment of the soil pollution area according to the form promulgated by MONRE.

3. The result of detailed investigation and assessment serve as a basis for setting up an environmental remediation and improvement project and defining responsibility for soil pollution area remediation and improvement.

4. MONRE shall provide technical guidance on methods and network for collect sample in service of preliminary and detailed analysis of soil quality on site.

Article 17. Environmental remediation and improvement

1. The soil pollution area remediation and improvement shall rely on the results of preliminary and detailed investigation and assessment specified in Articles 15 and 17 of this Decree and the environmental remediation and improvement plan.

2. Main contents of an environmental remediation and improvement scheme include:

a) General information about the soil pollution area;

b) Results of investigation and assessment of pollution degree of the soil pollution area;

c) Selecting the on-site or off-site remediation method as prescribed;

d) Technical and technological facilities and measures for reducing or eliminating residual pollutants in the soil pollution area; a table showing comparison between technical measures and analyses to serve the selection of an optimal scheme;

dd) Roadmap and plan for implementing the remediation plan;

e) Carrying out control and supervision during and after remediation.

3. After completing the soil environment remediation and improvement, the entities mentioned in clause 1 Article 13 of this Decree shall report the result of soil environment remediation and improvement to the provincial specialized environmental protection authority.

4. For the areas where soil pollution caused by a historic event occurs or in the case of failure to identify the entities causing pollution, after completing the environmental remediation and improvement, the provincial People’s Committee shall make publicly available or authorize the provincial specialized environmental protection authority to make publicly available results of environmental remediation and improvement.

5. The Minister of Natural Resources and Environment shall promulgate form of the scheme for environmental improvement and remediation specified in clause 2 of this Article.

6. The Ministry of Agriculture and Rural Development shall direct and provide guidance on implementation of technological solutions and advances during agricultural production in agricultural production to protect, remediate, improve and increase the fertility of agricultural land.

Article 18. Extremely serious soil pollution area remediation and improvement plan

1. MONRE shall preside over and cooperate with Ministries, ministerial agencies, provincial People’s Committees concerned in formulating and submitting to the Prime Minister an extremely serious soil pollution area remediation and improvement plan specified in point c clause 1 Article 19 of the LEP; organize performance of the tasks in the assigned plan; supervise and submit a consolidated report on implementation of the plan to the Prime Minister.

2. Contents of the extremely serious soil pollution area remediation and improvement plan include:

a) Carrying out overall assessment of status of soil pollution; considering main causes of soil pollution; existing problems and causes therefor during soil quality management;

b) Determining overall and specific objectives of the plan in conformity with the national 05-year socio-economic development plan;

c) Proposed tasks and solutions for extremely serious soil pollution area remediation and improvement;

d) Executing prioritized programs and projects for fulfillment of the tasks and solutions;

dd) Providing funding sources for implementation of the plan;

e) Organizing the implementation, including responsibilities of the presiding authority and cooperating authority; mechanism for supervising, reporting and expediting the implementation; mechanism for allocating resources for the implementation.

3. According to the investigation result, before December 25 every year, the provincial People’s Committee, Ministry of National Defense and Ministry of Public Security shall submit a consolidated report to MONRE on the list of extremely serious soil pollution areas using the form prescribed by MONRE.

Section 4. ENVIRONMENTAL PROTECTION OF NATURAL HERITAGE SITES

Article 19. Criteria, procedures and power for establishing and recognizing other natural heritage sites specified in the LEP

1. The establishment and recognition of the natural heritage sites in point c clause 1 Article 20 of the LEP shall rely on any of the following criteria specified in clause 2 Article 20 of the LEP and be assessed according to their positive and significant impacts on communities, localities, nation, region and globe. Criteria applicable to several natural heritage sites specified in clauses 2 and 3 of this Article.

2. Biosphere reserve means an area which satisfies the criterion “be of significance for biological diversity conservation” specified in point b clause 2 Article 20 of the LEP and is elaborated as follows:

a) It encompasses a mosaic of ecological systems representative of major biogeographic region(s);

b) It has clearly defined boundaries to facilitate the management zoning as prescribed in this Decree, carry out activities, build and pilot a model combining biodiversity conservation, use of ecosystem services, sustainable socio-economic development, support for research, communication and education about environmental protection, nature conservation and biodiversity.

3. Geopark means an area which satisfies the criterion specified in point c clause 2 Article 20 of the LEP and is elaborated as follows:

a) It has clearly defined and seamless geographical and administrative boundaries and houses a geological heritage of scientific, educational and economic significance.

b) It is an outstanding example representing major stages of earth's history, including the record of life or significant geomorphic features, has nature and biodiversity values and is researched, assessed, conserved, exploited and used in a holistic and sustainable manner.

4. Procedures for establishing and recognizing other natural heritage site:

a) Carry out investigation and assessment of the natural heritage site to be established;

b) Set up a natural heritage site establishment project;

c) Seek opinions of agencies and organizations concerned and consult communities about the natural heritage site establishment project;

For the natural heritage site in at least 02 provinces or central affiliated cities, MONRE shall seek opinions of other Ministries, ministerial agencies and People’s Committees of provinces concerned;

d) Organize appraisal of the natural heritage site establishment project dossier;

dd) Complete the dossier and submit it to a competent authority for its decision to recognize the natural heritage site.

5. Responsibility for setting up and appraising the natural heritage site establishment project dossier and power to recognize other natural heritage site

a) For a provincial natural heritage site specified in point a clause 4 Article 21 of this Decree:

The provincial People’s Committee shall set up an establishment project, appraise it and recognize the natural heritage site within its province; encourage entities and communities to propose the establishment of the natural heritage site as prescribed in this point.

The provincial People’s Committee shall establish a council responsible for appraising provincial natural heritage site establishment projects. The council is composed of representatives of the provincial People’s Committee, departments and branches concerned, People’s Committee of the district sharing its boundary with the natural heritage site, experts and scientists in relevant fields;

b) For a national natural heritage site specified in point b clause 4 Article 21 of this Decree:

The provincial People’s Committee shall set up a project on establishment of the national natural heritage site within its province, send it to MONRE for appraisal and submit it to the Prime Minister for recognition of the national natural heritage site;

MONRE shall preside over and cooperate with the provincial People’s Committee in setting up an establishment project, appraise and submit it to the Prime Minister for approval and recognition of the natural heritage site in at least 02 provinces or central-affiliated cities or within the territorial waters to which responsibility of the provincial People’s Committee for administrative management are yet to be assigned;

The appraisal council is composed of members that are representatives of the Ministry of Foreign Affairs, Ministry of Culture, Sports and Tourism, Ministry of Agriculture and Rural Development, other Ministries, ministerial agencies, representatives of People’s Committees of provinces and central-affiliated cities sharing their boundary with the natural heritage site to be recognized and several organizations, experts and scientists in relevant fields.

6. Documentation requirements for appraisal of the project on establishment of other natural heritage site

a) Documentation includes a natural heritage site establishment project report; relevant agencies’ written opinions about the natural heritage site establishment project; written request for appraisal of the natural heritage site establishment project;

b) The appraisal of the natural heritage site establishment project shall cover the degree of satisfaction of criteria for establishing the natural heritage site; geographical location, boundary and area of the natural heritage site, natural heritage site management zones; objectives for natural heritage site management; contents of management and plan for environmental protection of natural heritage site plan; management model; resources for managing and organizing management of the natural heritage site.

7. MONRE shall promulgate forms of the written request for appraisal and report on establishment of other natural heritage site specified in point c clause 1 Article 20 of the LEP; provide technical guidance on establishing and recognizing other natural heritage site specified in this Article.

Article 20. Procedures and power for applying for recognition of natural heritage sites recognized by international organizations

1. The management board (if any) or organization assigned to manage natural heritage sites shall prepare an application for recognition of international title by an international organization and submit it to a competent authority for consideration and appraisal as prescribed in this Article.

The provision of technical guidance, appraisal of guidelines and application for recognition of a natural heritage site by an international organization specified in clause 2 Article 31 of the Law on Cultural Heritage.

2. Organize appraisal and submit the guidelines for applying for recognition of the natural heritage site recognized by an international organization:

a) For a natural heritage site located in 01 province or central affiliated city: the application shall be submitted to the provincial People’s Committee for consideration and submission to MONRE for appraisal.

If the natural heritage site is located in at least 02 provinces or central-affiliated cities or within the territorial waters to which responsibility of the provincial People’s Committee for administrative management are yet to be assigned, the management board or organization assigned to manage natural heritage sites shall submit the application to MONRE after obtaining written consent from the People’s Committee of the province sharing its boundary with the natural heritage site to be recognized;

b) The appraisal council is composed of members that are representatives of the Ministry of Foreign Affairs, Ministry of Culture, Sports and Tourism, Ministry of Agriculture and Rural Development, other Ministries, ministerial agencies, representative of the People’s Committee of the province applying for recognition of the natural heritage site, representatives of several organizations, experts and scientists in relevant fields.

c) The appraisal shall cover the satisfaction of the criteria applicable to the natural heritage site to be given the international title; geographical location, boundary and area of the natural heritage site, natural heritage site management zones; objectives for natural heritage site management; contents of management and plan for environmental protection of natural heritage site plan; management model; resources for managing and organizing management of the natural heritage site after being recognized;

d) MONRE shall preside over and cooperate with the provincial People’s Committee in completing the application after holding an appraisal council meeting and submitting to the Prime Minister the guidelines for applying for recognition of international title given by the international organization to the natural heritage site.

3. After the Prime Minister grants approval for the guidelines, MONRE shall cooperate with the Ministry of Foreign Affairs and provincial People’s Committee in completing and submitting an application for recognition in accordance with regulations of the international organization.

4. MONRE shall provide technical guidance on applying for recognition and recognition of international title for Vietnam’s natural heritage sites in accordance with regulations of international organizations; appoint an agency in charge of communicating with international organizations to provide technical guidance and assistance in management, environmental protection, nature and biodiversity conservation of natural heritage sites recognized by international organizations.

Article 21. Investigation, assessment, management and environmental protection of natural heritage sites

1. Natural heritage site investigation and assessment include the investigation and assessment carried out every 05 years and other investigation and assessment activities prescribed by relevant regulations of law. Periodic investigation and assessment of a natural heritage site include the following elements:

a) Environmental changes and natural values that need to be protected and conserved according to the criteria for establishing and recognizing the natural heritage site;

b) Socio-economic activities that produce adverse impacts on the natural heritage site environment; exploitation and use of values of natural resources and ecosystem services provided by the natural heritage site;

c) Ecosystem restoration, protection and conservation of nature and biodiversity values provided by the natural heritage sites; measures to protect environment of the natural heritage site as prescribed by law;

d) Other contents prescribed by relevant regulations of law.

2. The management board or organization assigned to manage natural heritage sites shall carry out periodic investigation and assessment of the natural heritage site according to clause 1 of this Article; send a report to the People’s Committee of the province where the natural heritage site is located and update the investigation and assessment result according to clause 1 of this Article in the national biodiversity database and specialized databases pursuant to relevant regulations of law.

The Minister of Natural Resources and Environment shall promulgate form of the report prescribed in this clause.

3. According to the outstanding nature values that need to be protected and conserved, the natural heritage site shall be categorized into the following groups; organizing management and prioritize resources for environmental protection, nature and biodiversity conservation in the natural heritage site shall comply with the regulations set out in this Decree and relevant regulations of law:

a) Group of heritage sites with important ecological and natural landscapes, including natural heritage sites established and recognized when satisfying the criterion specified in point a clause 2 Article 20 of the LEP; landscape protection zones established under the laws on biodiversity, forestry and fisheries; scenic landscapes recognized as cultural heritage in accordance with regulations of law on cultural heritage;

b) Group of heritage sites rich in biodiversity, including natural heritage sites established and recognized when satisfying the criterion specified in point b clause 2 Article 20 of the LEP; nature reserves and habitat/species management areas established under the laws on biodiversity, forestry and fisheries; biosphere reserves specified in clause 2 Article 19 of this Decree;

c) Group of heritage sites with significant geomorphic or physiographic features, including natural heritage sites established and recognized when satisfying the criterion specified in point c clause 2 Article 20 of the LEP; geoparks specified in clause 3 Article 19 of this Decree;

d) Group of heritage sites of ecological importance, including natural heritage sites established and recognized when satisfying the criterion specified in point d clause 2 Article 20 of the LEP;

dd) Group of natural heritage gardens, including natural heritage sites established and recognized when satisfying at least 02 criteria specified in clause 2 Article 20 of the LEP; national parks prescribed by the laws on biodiversity, forestry and fisheries.

4. According to their size, extent of impacts and significance of natural values that need to be protected and conserved, natural heritage sites shall be ranked as follows:

a) Provincial natural heritage sites, including provincial wildlife sanctuaries prescribed by regulations of law on biodiversity, forestry and fisheries; scenic landscapes which are provincial sites/monuments prescribed by the law on cultural heritage; provincially significant wetlands prescribed by regulations of law on biodiversity; natural heritage sites prescribed in Article 19 of this Decree, having positive impacts on and serving as a significant role in local environmental protection, nature and biodiversity conservation.

b) National natural heritage sites, including national wildlife sanctuaries prescribed by regulations of law on biodiversity, forestry and fisheries; scenic landscapes which are national sites/monuments prescribed by the law on cultural heritage; wetlands of national importance prescribed by regulations of law on biodiversity; natural heritage sites prescribed in Article 19 of this Decree, having positive impacts on and serving as a significant role in national environmental protection, nature and biodiversity conservation.

c) Special national natural heritage sites, including scenic landscapes which are special national natural heritage sites prescribed by law on cultural heritage, world natural heritage sites, world biosphere reserves, global geoparks recognized by the United Nations Educational, Scientific and Cultural Organization (UNESCO); wetlands of international importance (Ramsar Sites) recognized by the Secretariat of the Convention on Wetlands (Ramsar Convention); ASEAN heritage gardens recognized by the ASEAN Secretariat and natural heritage sites recognized by international organizations.

5. Locations, area and boundaries of core zone, buffer zone and transition zone (if any) in a natural heritage site shall be determined according to the following regulations:

a) Core zone is an area containing core values according to the criteria for establishing and recognizing natural heritage sites and is effectively managed and protected, including wildlife sanctuary; zone protection I of scenic landscape recognized as cultural heritage in accordance with regulations of law on cultural heritage; area with core values that need to be protected in a manner that remains intact and preserves the pristine nature of the natural heritage site specified in Articles 19 and 20 of this Decree.

Wildlife sanctuary zoning shall comply with regulations of law on biodiversity, forestry and fisheries;

b) Buffer zone includes an area with values to be protected at a lower level than the core zone of the natural heritage; zone protection II of scenic landscape recognized as cultural heritage in accordance with regulations of law on cultural heritage; and an area adjacent to boundary of the core zone which is intended to prevent and mitigate the negative impacts of socio-economic development activities outside the natural heritage site on the core zone of the natural heritage site;

c) Transition zone, is an area associated with the buffer zone, wherein socio-economic development activities take place and are controlled in order to be in harmony with protection and conservation objectives upon establishment and recognition of a natural heritage site.

6. The management and environmental protection of a natural heritage site shall be given resources priority and carried out under the treaty to which Vietnam is a signatory, relevant regulations of law and the following regulations:

a) Management and environmental protection regulations and plan:

The provincial People’s Committee shall organize formulation and approval of regulations and plans for management and environmental protection of natural heritage sites located within its province. MONRE shall provide guidance on formulating a plan for management and environmental protection of natural heritage sites; organize formulation and approval of regulations and plan for management and environmental protection of natural heritage sites located in at least 02 provinces or central-affiliated cities or within the territorial waters to which responsibility of the provincial People’s Committee for administrative management are yet to be assigned.

For the natural heritage sites specified in point a clause 1 Article 20 of the LEP for which the management regulations, plan and scheme have been available before the effective date of this Decree, the authority having the power to approve such regulations, plan and scheme shall incorporate and update the contents prescribed in this Decree in the regulations, plan and scheme in accordance with regulations of law on biodiversity, forestry, fisheries and cultural heritage within 06 months from the effective date of this Decree;

b) The management board or organization assigned to manage natural heritage sites shall comply with the criteria concerning capability for management and environmental protection, form and mobilize forces and resources for management and environmental protection of natural heritage sites in accordance with regulations of law and approved regulations and plan; provide sources from state budget for management and environmental protection of natural heritage sites; organize supervision and promptly prevent infringement of natural heritage sites; sell tickets and collect entrance fees and service charges; manage and use revenues as prescribed by law; disseminate information, raise awareness and encourage participation of communities in the protection and management of natural heritage sites; participate in the management, connection and supervision of investment, environmental protection, nature and biodiversity conservation in natural heritage areas; perform other tasks assigned by competent authorities.

For world biosphere reserves and global geoparks located in a large area with production areas and residential areas, the provincial People's Committee shall establish an cross-sectoral management board and provide resources for management, environmental protection, nature and biodiversity conservation as prescribed in this Decree and relevant regulations of law;

c) Establishing a board for management of or assigning an organization to manage a natural heritage site which is a wildlife sanctuary shall comply with regulations of law on biodiversity, forestry and fisheries. Establishing a management for management of or assigning an organization to manage a natural heritage site which is a scenic landscape shall comply with regulations of law on cultural heritage.

If the natural heritage site has a wildlife sanctuary or scenic landscape managed by different management boards or assigned to different organizations to manage, the provincial People’s Committee shall decide to appoint or assign only one management board or one sufficiently competent organization and provide resources for management of such natural heritage site.

If the natural heritage site is located in at least 02 provinces or central-affiliated cities or within the territorial waters to which responsibility of the provincial People’s Committee for administrative management are yet to be assigned, MONRE shall reach an agreement with Ministries and ministerial agencies concerned to request the Prime Minister to issue a decision to carry out merger or assign a management board or assign an organization to manage such natural heritage site.

d) The provincial People’s Committee shall decide on the management board model or assign an organization to manage natural heritage sites within its province in a case other than that specified in point c of this clause. If the natural heritage site other than that specified in point c of this Clause is located in at least 02 provinces or central-affiliated cities or within the territorial waters to which responsibility of the provincial People’s Committee for administrative management are yet to be assigned, MONRE shall request the Prime Minister to issue a decision on the management model or assign an organization to manage such natural heritage site;

dd) Organizations, enterprises, individuals and communities are encouraged to invest in, establish, manage, use and develop natural heritage sites in a sustainable manner.

7. Environmental protection of a natural heritage site shall comply with the following regulations:

a) Business operations and services within the core zone of the natural heritage site shall be controlled as the strict protection zone according to regulations on environmental zoning of the LEP; business operations and services in the buffer zone of the natural heritage shall be controlled as the low-emission zone according to regulations on environmental zoning of the LEP;

b) Priority shall be given to conserving and restoring ecosystems in the natural heritage site back into their natural state; polluted and degraded soil and water environment in the natural heritage site shall be remediated and improved;

c) Core values of nature and biodiversity of the natural heritage site shall be protected and conserved intactly; ecosystem services of the natural heritage site shall be maintained, developed and used in a sustainable way;

d) The specific indicators regarding geology, landscape, ecology and biodiversity of the natural heritage site must be investigated, assessed, monitored, inventoried and reported according to regulations;

dd) Other requirements concerning environmental protection, prevention and control of impacts on environment and biodiversity of the natural heritage site specified in this Decree, relevant regulations of law and regulations of treaties on environment and biodiversity to which Vietnam is a signatory shall be complied with.

In case of emergency that seriously affect environment of the natural heritage site, MONRE shall request the Prime Minister to consider and decide to impose emergency or temporary measures to restrict the total amount of waste discharged to the environment of the natural heritage site, including clearly defining the area where the measures are imposed and duration of imposition.

e) MONRE  and provincial People’s Committee shall organize formulation and approval of a project on remediation of the polluted or degraded environment of the natural heritage site in accordance with regulations of law on state budget.

8. Responsibility for management and environmental protection of natural heritage sites is defined as follows:

a) MONRE shall assist the Government in performing uniform management and environmental protection of natural heritage sites; formulate, promulgate and propose the promulgation of legislative documents; organize the implementation and inspection of compliance with laws and technical guidance on management and environmental protection of natural heritage sites;

b) Provincial People’s Committees shall perform uniform management and environmental protection of natural heritage sites within their provinces; comply with regulations on management and environmental protection of natural heritage sites under regulations of this Decree and relevant regulations of law;

c) Ministry of Agriculture and Rural Development shall organize implementation of requirements for protection of natural heritage sites upon carrying out forestry, aquaculture and agriculture activities under regulations of this Decree and relevant regulations of law;

d) The Ministry of Culture, Sports and Tourism shall organize implementation of requirements for protection of natural heritage sites upon carrying out culture, sports and tourism activities;

dd) Ministries and ministerial agencies shall protect environment of natural heritage sites as prescribed by law.