Chapeter III
COASTAL ZONES; ESTABLISHMENT, APPRAISAL, APPROVAL AND ADJUSTMENT OF THE MASTER PLANNING FOR SUSTAINABLE EXTRACTION AND USE OF RESOURCES IN COASTAL ZONE; ESTABLISHMENT, APPRAISAL, APPROVAL AND ADJUSTMENT OF THE PROGRAM FOR GENERAL MANAGEMENT OF RESOURCES IN COASTAL ZONES
Section 1. COASTAL ZONES; ESTABLISHMENT, APPRAISAL, APPROVAL AND ADJUSTMENT OF THE MASTER PLANNING FOR SUSTAINABLE EXTRACTION AND USE OF RESOURCES IN COASTAL ZONE
Article 8. Coastal zones
1. The coastal zone means the coastal waters and coastland.
2. Coastal waters have the innermost boundary which is the mean lower low water line observed over a period of several years (18.6 years) and the outermost boundary laying at a distance of 06 nautical miles away from the mean lower low water line as defined and announced by Ministry of Resources and Environment.
3. Coastland area includes coastal communes, wards and towns.
Article 9. Establishment of the master planning for sustainable extraction and use of resources in coastal zones
1. Ministry of Resources and Environment shall be responsible for making the planning outlines and collecting suggestions about the planning outlines from relevant ministries/regulatory bodies and people’s committees of coastal provinces. The planning outlines include the following content:
a) The necessity, urgency and practical significance of the planning;
b) The grounds for establishing the planning;
c) Scope, period and vision of the planning;
d) Objectives, orientations and main contents of the planning.
2. Based on the suggestions given by the agencies mentioned in Clause 1 of this Article, Ministry of Resources and Environment shall draw up the draft of the planning and collect suggestions about the draft planning from relevant agencies, residential communities and entities as referred to in Article 10 of this Decree, and conduct the strategic environmental assessment as referred to by the law on environmental protection.
Article 10. Collecting suggestions about the master planning for sustainable extraction and use of resources in coastal zones
1. Ministry of Resources and Environment shall send the draft planning, enclosed with written explanation about the draft planning, to collect suggestions from ministries, ministerial-level agencies, affiliates of the Government and people’s committees of coastal provinces, and at the same time take ideas from relevant entities and residential communities as referred to in Clause 1 Article 30 of the Law on resources and environment of sea and islands.
2. Agencies that are asked for suggestions about the draft planning shall respond in writing within 30 days from the receipt of the written request for giving suggestions from Ministry of Resources and Environment.
Article 11. Appraisal and approval for the planning
1. The planning shall be appraised in accordance with regulations and laws on planning.
2. Documents about the planning to be submitted to the Government for approval consist of:
a) The request for approval for the planning;
b) The draft planning and written explanation about the draft planning;
c) Report on the appraisal results of the planning;
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;
e) The draft of the Government’s Resolution on approval for the planning.
Article 12. Adjusted planning
Procedures for establishment, appraisal and approval for the adjusted planning shall be the same with those for the planning as referred to in this Decree.
Section 2. ESTABLISHMENT, APPRAISAL, APPROVAL AND ADJUSTMENT OF THE PROGRAM FOR GENERAL MANAGEMENT OF RESOURCES IN COASTAL ZONES
Article 13. Period of the program for general management of resources in coastal zones
The period of the program for general management of resources in coastal zones shall be determined on the basis of the program’s objectives and issues to be solved for general management.
Article 14. Establishment of the program for general management of resources in coastal zones
1. Ministry of Resources and Environment shall be responsible for formulating the outlines of the program for general management of resources in coastal zones within the interprovincial scope and collecting suggestions about the program's outlines from relevant ministries/regulatory bodies and people’s committees of coastal provinces.
2. Every people’s committee of coastal province shall be responsible for formulating the outlines of the program for general management of resources in coastal zones within the scope of that province or central-affiliated city and asking for advice from Ministry of Resources and Environment, and relevant ministries/regulatory bodies.
3. The program’s outlines contain the following contents:
a) The necessity, urgency and practical significance of the program;
b) Principles and grounds for establishing the program;
c) The program’s objectives and period;
d) Scope and boundaries of coastal zones where the program should be established;
dd) The issues to be solved for general management;
e) Main contents of the program; indicators for assessing the program's results.
4. Based on the suggestions given by the agencies about the program’s outlines, the program establishing agency shall draw up the draft program and collect suggestions about the draft program from relevant agencies, residential communities and entities.
Article 15. Collecting suggestions about the program for general management of resources in coastal zones
1. With regard to a program with an interprovincial scope, the program establishing agency shall send the draft program, enclosed with the written explanation about the draft program, to collect suggestions from relevant ministries/regulatory bodies and people’s committees of coastal provinces. With regard to a program with the scope of a province or central-affiliated city, the program establishing agency shall send the draft program, enclosed with the written explaination about the draft program, to collect suggestions from relevant ministries/regulatory bodies.
2. Suggestions of relevant entities and residential communities shall be collected as referred to in Clause 1 Article 37 of the Law on resources and environment of sea and islands.
3. Agencies that are asked for suggestions about the draft program shall respond in writing within 30 days from the receipt of the written request for giving suggestions.
4. The program establishing agency shall make the report on the summation of accepted/explained suggestions given by relevant agencies, entities and residential communities, and publish it on the portals of the Government, Ministry of Resources and Environment and people’s committees of coastal provinces.
Article 16. Appraisal of the program for general management of resources in coastal zones
1. Appraisal documents consist of:
a) The written request for appraisal of the program;
b) The draft program and written explanation about the draft program;
c) The report on the summation of accepted/explained suggestions given by relevant agencies, entities and residential communities.
2. Program's contents subject to the appraisal include:
a) The sufficiency in terms of form and contents of appraisal documents;
b) The conformity of the coastal zone where the program for general management is established with regulations in Clause 2 Article 34 of the Law on resources and environment of sea and islands;
c) The scientific and practice grounds for filtering and prioritizing issues to be solved for general management; indicators for assessing the program’s results;
d) Solutions and tasks for implementing the program;
dd) Resources for implementing the program.
3. The program must be appraised by an appraisal council in accordance with the following regulations:
a) Minister of Resources and Environment shall establish the appraisal council in charge of appraising the program for general management of resources in coastal zones with the interprovincial scope, which is comprised of 01 Chairperson who is a leading official of Ministry of Resources and Environment, 01 Deputy Chairperson, 02 assessors, 01 secrectary and other members who are representatives of relevant ministries/regulatory bodies/people’s committees of coastal provinces and specialists and/or scientists;
b) The appraisal council in charge of appraising the program for general management of resources in coastal zones with the scope of a province or central-affiliated city shall be established by the people’s committee of coastal province. The appraisal council shall be comprised of 01 Chairperson who is a leading official of the people’s committee of coastal province, 01 Deputy Chairperson, 02 assessors, 01 secrectary and other members who are representatives of relevant district-level departments/boards/regulatory bodies/people’s committees 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 program establishing agency in order to perfect the draft program.
Article 17. Approval for the program for general management of resources in coastal zones
1. The program's documents submitted for approval consist of:
a) The written request for approval for the program;
b) The draft program and written explanation about the draft program;
c) Report on the appraisal results of the program;
d) The report on the summation of accepted/explained suggestions about the draft program given the appraisal council and by relevant agencies, entities and residential communities;
dd) The draft of Decision on approval for the program.
2. Power to approve/amend the program
a) Prime Minister shall approve/amend programs for general management of resources in coastal zones with the interprovincial scope;
b) People’s committees of coastal provinces shall approve/amend programs for general management of resources in coastal zones under their management upon the receipt of written opinions from Ministry of Resources and Environment. Within 05 working days from the approval, People’s committees of coastal provinces must send Decisions on approval for program to Ministry of Resources and Environment for monitoring and checking.
Article 18. Assessment of result of the program for general management of resources in coastal zones
1. Upon the completion of a program, the agency requesting for approval for the program must assess the program's results.
2. The assessment includes the following contents:
a) The implementation process of the program for general management; shortcomings and reasons thereof;
b) Achievements in comparison with objectives and indicators for assessing the program's results;
c) Positive effects of the implementation of the program for general management of resources in coastal zones on socioeconomics, national defense, security, and resources and environment of coastal zones;
d) Contents to be adjusted or developed in the next program for general management of resources in coastal zones.
Article 19. Adjustment of the program for general management of resources in coastal zones
1. A program for general management of resources in coastal zones shall be adjusted when any of the grounds for establishing that program for general management of resources in coastal zones mentioned in Clause 2 Article 35 of the Law on resources and environment of sea and islands changes, resulting in the change of the approved program’s objectives and contents.
2. When amending the program, the agency in charge of the program must assess the program’s results according to contents stated in Clause 2 Article 18 of this Decree.
3. Procedures for establishment, appraisal and approval for the adjusted program shall be the same with those for a program regulated in this Decree.
Tìm kiếm
Nghị định 40/2016/NĐ-CP (Bản Word)
Nghị định 40/2016/NĐ-CP (Bản Pdf)