Chương II Nghị định 40/2016/NĐ-CP: Lập, thẩm định, phê duyệt và thực hiện chiến lược khai thác, sử dụng bền vững tài nguyên, bảo vệ môi trường biển và hải đảo

Chapeter II

ESTABLISHMENT, APPRAISAL, APPROVAL AND IMPLEMENTATION OF THE STRATEGY FOR SUSTAINBALE EXTRACTION AND USE OF RESOURCES AND PROTECTION OF ENVIRONMENT OF SEA AND ISLANDS

Article 3. Establishment of the strategy

1. Ministry of Resources and Environment shall be responsible for formulating strategic outlines and collecting suggestions about such strategic outlines from relevant ministries/regulatory bodies and people’s committees of central-affiliated coastal cities or coastal provinces (hereinafter referred to as people’s committees of coastal provinces). The strategic outlines comprise of the following contents:

a) The necessity, urgency and practical significance of the strategy;

b) The grounds for establishing the strategy;

c) Scope, period and strategic vision;

d) Orientations and main contents of the strategy.

2. Based on suggestions given by the agencies mentioned in Clause 1 of this Article, Ministry of Resources and Environment shall draw up the draft of the strategy and take ideas about the draft strategy in accordance with regulations in Article 4 of this Decree, and conduct the strategic environmental assessment as referred to by the law on environmental protection.

Article 4. Collecting suggestions about the draft strategy

1. Ministry of Natural Resoruces and Environment shall discharge the following duties:

a) Send the draft strategy, enclosed with written explanation about the draft strategy and the draft of the request for approval for the strategy to collect suggestions from ministries, ministerial-level agencies, affiliates of the Government and people’s committees of coastal provinces;

b) Publish the full text of the draft of the request for approval for the strategy, the draft strategy and written explanation about the draft strategy on the portals of the Government, Ministry of Resources and Environment and people’s committees of coastal provinces.

2. Agencies that are asked for suggestions about the draft strategy shall respond in writing within 30 days from the receipt of the written request for giving suggestion from the strategy establishing agency.

People’s committees of coastal provinces shall take ideas from the residential communities and relevant entities in such provinces about the draft strategy, and then send a summarized report on collected ideas to Ministry of Resources and Environment.

3. Ministry of Resources and Environment shall accept/explain about suggestions given by agencies, entities and residential communities. The report on the summation of accepted/explained suggestions on the portals of the Government, Ministry of Resources and Environment and people’s committees of coastal provinces.

Article 5. Appraisal of the strategy

1. Documents about the appraisal consist of:

a) The written request for appraisal of the strategy;

b) The draft of the request for approval for the strategy;

c) The draft strategy and written explanation about that draft strategy;

d) Report on the verification results of the report on the strategic environmental assessment in accordance with the law;

dd) The report on the summation of accepted/explained suggestions given by relevant agencies, entities and residential communities.

2. The following contents shall be appraised:

a) The grounds for establishing the strategy;

b) Viewpoints, governing principle, vision and objectives of the strategy;

c) The conformity and feasibility of the strategy with requirements on general management of resources and protection of environment of sea and islands for sustainable development.

3. The strategy shall be appraised by an appraisal council that is established by Minister of Resources and Environment. The appraisal council is comprised of 01 Chairperson who is a leading official of Ministry of Resources and Environment, 01 Deputy Chairperson, 02 assessors, 01 secretary and other members who are representatives of relevant ministries/regulatory bodies and specialists and/or scientists.

4. Within 30 days from the date of establishment, the appraisal council shall conduct the appraisal and send the report on appraisal results to the strategy-establishing agency in order to perfect the draft strategy.

Article 6. Approval for and announcement of the strategy

1. Ministry of Resources and Environment shall submit completed documents about the strategy to the Government for approval.

2. Documents about the strategy submitted to the Government for approval consist of:

a) The request for approval for the strategy;

b) The draft strategy and written explanation about that draft strategy;

c) Report on the appraisal results of the strategy;

d) Report on the verification results of the report on the strategic environmental assessment in accordance with the law;

dd) The report on the summation of accepted/explained suggestions given the appraisal council and by relevant agencies, entities and residential communities;

e) The draft of the Government’s Resolution on approval for the strategy.

3. Within 30 days from the date on which the strategy is approved by the Government, Ministry of Resources and Environment shall be responsible for publicly announcing the strategy during the strategic period.

Article 7. Implementation of the strategy

1. Ministry of Resources and Environment shall preside over and coordinate with ministries, ministerial-level agencies and people’s committees of coastal provinces in organizing and inspecting the implementation of the strategy for sustainable extraction and use of resources and protection of environment of sea and islands.

2. Ministries, ministerial-level agencies and people’s committees of coastal provinces shall be responsible for checking and requesting for adjustments or supplements to strategies of regulatory bodies/local governments in terms of contents relating to the extraction and use of resources and environmental protection in conformity with the strategy for sustainable extraction and use of resources and protection of environment of sea and islands.

3. Every 05 years, Ministry of Resources and Environment shall be responsible for evaluating the implementation of the strategy and, where necessary, requesting the Government to make adjustments to the strategy in corresponding to requirements on social and economic development.