Chapter I
GENERAL PROVISIONS
Article 1.- Submerged land
Submerged land prescribed in this Decree includes submerged areas which possess peculiar ecological systems and high bio-diversity, have the function of maintaining water sources and ecological balances and are of international or national importance.
Article 2.- Regulation scope and application subjects
This Decree prescribes the conservation and sustainable development of submerged areas in the Vietnamese territory.
Domestic as well as foreign organizations and individuals carrying out activities in submerged areas shall have to observe the provisions on the conservation and sustainable development of submerged areas stipulated in this Decree.
In cases where international treaties which Vietnam has acceded to contain provisions different from this Decree, the provisions of such international treaties shall apply.
Article 3.- Interpretation of terms
In this Decree, the following terms shall be construed as follows:
1. Conservation of submerged areas means activities of zoning and strictly protecting environment and peculiar ecological systems of high bio-diversity in order to maintain the ecological balance and protect various varieties and species living, inhabiting and developing in submerged areas.
2. Sustainable development of submerged areas means activities of rationally using and exploiting potentials for economic, cultural and social development within the allowed limit so as to maintain ecological functions and protect the environment in submerged areas.
3. Peculiar ecological system means the system of peculiar organismic population bearing local characteristics, living and developing together in a given habitat and having interactive relations with one another and with the environment.
4. High bio-diversity means the abundance and diversity of living creatures regarding gene sources, organismic varieties and species and ecological systems in the nature.
5. Ramsar Convention means the abbreviated name of the Convention on submerged areas of international importance, especially habitats of waterbirds, signed in 1971 in Ramsar city, the Republic of Iran (Vietnam became a member of Ramsar Convention as from January 20, 1989).
6. Ramsar zones mean submerged areas meeting all criteria for selection of a submerged area of international importance prescribed in Ramsar Convention.
Article 4.- Principles for the conservation and sustainable development of submerged areas
The conservation and sustainable development of submerged areas must comply with the following principles:
1. Strictly protecting submerged areas zoned by the State for conservation purposes.
2. Linking the use and exploitation to conservation, giving priority to the conservation of submerged areas possessing peculiar ecological systems and high bio-diversity, having the function of maintaining water sources and being of national or international importance.
3. Enhancing the participation in the conservation of submerged areas of population communities living in the localities and vicinities.
Article 5.- State management over the conservation and sustainable development of submerged areas
1. Contents of State management over the conservation and sustainable development of submerged areas cover:
a/ Conducting surveys of, and research into, submerged areas;
b/ Formulating mechanisms, policies and laws for the conservation and sustainable development of submerged areas;
c/ Elaborating plannings and plans on the use of submerged areas for conservation purposes as well as socio-economic development activities;
d/ Managing submerged areas already zoned for protection;
e/ Managing activities of exploiting submerged areas’ resources and potentials in the fields of agriculture, aquaculture, tourism, traffic, irrigation and hydro-power electricity as other fields related to the conservation and sustainable development of submerged areas;
f/ Examining, inspecting and handling violations in the conservation and sustainable development of submerged areas;
g/ Encouraging and creating conditions for the communities, especially people living in submerged areas, to participate in the protection of ecological systems, bio-diversity and environment in the submerged areas;
h/ Entering into international cooperation in the field of conservation and sustainable development of submerged areas.
2. The Government shall exercise the uniform State management over the conservation and sustainable development of submerged areas.
The Ministry of Natural Resources and Environment shall perform the functions of State management over the conservation and sustainable development of submerged areas.
Article 6.- Activities to be encouraged
The State encourages organizations, individuals and population communities to carry out the following activities:
1. Protecting the ecological systems, rare and precious varieties and species, migratory birds and environment in the submerged areas.
2. Restoring submerged ecological systems which have been deteriorated or over-exploited.
3. Participating in supervision of the exploitation of submerged areas by organizations and/or individuals.
4. Detecting and promptly notifying functional agencies of acts of violation of the regulations on conservation and sustainable development of submerged areas.
Article 7.- Prohibited acts
In submerged areas, the following acts are strictly prohibited:
1. Cutting down or destroying submerged forests, carrying out activities which change the natural characteristics, destroying or causing harms to the peculiar ecological systems of submerged areas, causing pollution or degeneration thereto.
2. Catching aquatic and marine animals as well as other animals in egg-laying and brood- and/or larva-nurturing grounds.
3. Exploiting natural resources or building works in new alluvial grounds where submerged forests are regenerated naturally.
4. Using ways of mass extermination such as using electric impulse, explosives, chemicals, toxins and nets with meshes of a size against regulations to catch aquatic and marine animals in submerged areas.
5. Introducing strange animals and plants into the submerged areas’ habitat causing ecological unbalance or changing genes of indigenous animals and plants.
6. Discharging solid wastes, industrial waste water and other kinds of waste containing toxic chemicals, which have not yet been treated or have been treated but fail to meet environmental standards, into submerged areas.
7. Burying wastes and building waste-burying grounds in submerged areas.
8. Activities of causing harms to the interests and life of population communities living in submerged areas and the vicinities.
Tìm kiếm
Nghị định 109/2003/NĐ-CP (Bản Word)
Nghị định 109/2003/NĐ-CP (Bản Pdf)