Chương III Nghị định 109/2003/NĐ-CP: Bảo tồn đất ngập nước

Chapter III

CONSERVATION OF SUBMERGED LAND

Article 12.- Zoning for protection of submerged areas

1. Submerged areas prescribed in Article 1 of this Decree shall be zoned for protection in the forms of Ramsar zone, nature conservation zone or species and habitat conservation zone (hereinafter referred collectively to as submerged land conservation zones).

2. Other submerged zones which are important to provinces or cities shall be zoned for protection in the form of submerged conservation zone.

Article 13.- Competence to decide on the establishment of submerged land conservation zones

1. The Ministry of Natural Resources and Environment shall propose the Prime Minister to decide on the establishment of submerged land conservation zones prescribed in Clause 1, Article 12 of this Decree.

2. The provincial/municipal Natural Resources and Environment Services shall propose the provincial/municipal People’s Committees to decide on the establishment of submerged land conservation zones prescribed in Clause 2, Article 12 of this Decree.

3. The State agencies competent to decide on the establishment of submerged land conservation zones may decide on the adjustment of the scope and changes in the purposes of submerged land conservation zones.

Article 14.- Protection of submerged land conservation zones

1. Submerged land conservation zones must be strictly protected. The construction of works as well as the migration of people from other places to submerged land conservation zones are strictly prohibited.

2. Buffer areas of submerged land conservation zones must be managed and restricted from exploitation. The construction of works in buffer areas causing great impacts or latent threats to submerged land conservation zones are strictly prohibited.

3. In special cases where it is necessary to build works in submerged land conservation zones and buffer areas, such must be decided by the Prime Minister.

Article 15.- Assignment and decentralization of the responsibility for management over submerged land conservation zones

The management of submerged land conservation zones shall be prescribed as follows:

1. The Ministry of Natural Resources and Environment shall have to elaborate and submit for promulgation or promulgate according to its competence policies and legal documents on submerged land conservation areas; examine and inspect the implementation of policies and legal documents on the conservation of submerged areas and act as the national coordinating agency in directing the implementation of Ramsar Convention.

2. The Ministry of Agriculture and Rural Development and the Ministry of Aquatic Resources shall direct and organize the management of specialized submerged land conservation zones of international or national importance.

3. The provincial/municipal People’s Committees shall organize the management of other submerged land conservation zones in their respective localities.

Article 16.- Conservation of bio-diversity outside submerged land conservation zones

1. Ecological values and bio-diversity of other submerged areas outside submerged land conservation zones must be surveyed and researched for the protection thereof must be worked out.

2. The State encourages organizations, individuals and communities to combine the use and sustainable exploitation of submerged areas with the conservation of bio-diversity thereof.