Chapeter IV
KEY PROGRAM FOR FUNDAMENTAL INVESTIGATION INTO RESOURCES AND ENVIRONMENT OF SEA AND ISLANDS
Article 20. Principles and grounds for establishing the key program
1. Principles for establishing the key program
a) The conformity of the key program with the strategy for sustainbale extraction and use of resources and protection of environment of sea and islands;
b) Ensure the inheritance; have solutions for applying scientific and technological progress to the fundamental investigation into resources and environment of sea and islands;
c) Ensure the feasibility and conformity with the government’s resources for carrying out the fundamental investigation.
2. Grounds for establishing the key program
a) The strategy for sustainbale extraction and use of resources and protection of environment of sea and islands;
b) Requirements on general management of resources and protection of environment of sea and islands;
c) Potentiality of marine and island resources; demands for fundamental investigation, extraction and use of resources and protection of environment of sea and islands;
d) Requirements on environmental protection and impacts of the climate change and the sea level rise on resources and environment of sea and islands;
dd) Information and data of previously conducted fundamental investigation into resources and environment of sea and islands.
Article 21. Requirements on the program
The key program for fundamental investigation into resources and environment of sea and islands must meet the following requirements:
1. Correspond to requirements on provision of information and data about resources and environment of sea and islands to the marine economic development and management, and the protection of national sovereignty, national defense and security.
2. Follow information and data inherited from the fundamental investigation and/or scientific research which have/has been conducted in regions where this investigation will be conducted; the fundamental investigation into resources and environment of sea and islands conducted in a region must include appropriate investigation contents.
3. Determine the order of priority of activities of the fundamental investigation into resources and environment of sea and islands according to investigated subjects and regions in conformity with the government’s provision of resources in each stage.
4. Promote managerial capability of resources and environment of sea and islands; gradually improve facilities and equipment to serve the fundamental investigation.
Article 22. Steps for establishing the key program
1. Propose projects, schemes and tasks to put into the key program.
2. Summarize and check the proposed projects, schemes and tasks, and draw out the draft of the key program.
3. Collect suggestions about the draft of the key program.
4. Request for approval for the key program.
Article 23. Projects, schemes and tasks proposed to put into the program
1. Ministries, ministerial-level agencies, affiliates of the Government, people’s committees of coastal provinces shall propose projects, schemes and tasks to put into the key program for fundamental investigation into resources and environment of sea and islands as regulated by Ministry of Resources and Environment.
2. Ministries, ministerial-level agencies, affailiates of the Government, people’s committees of coastal provinces shall, on the basis of sectoral/local requirements on the fundamental investigation into resources and environment of sea and islands as regulated in Clause 2 Article 13 of the Law on resources and environment of sea and islands, submit the written proposals of projects, schemes and tasks, enclosed with the list and preliminary outlines of projects, schemes and tasks proposed to put into the key program. The list and outlines of projects, schemes and tasks shall be made by using Form No. 01 and Form No. 02 stated in the Annex herein.
Article 24. Summarizing and checking proposed projects, schemes and tasks, and drawing out the draft of the key program
1. Ministry of Resources and Environment shall summarize and check projects, schemes and tasks proposed to put into the key program in conformity with principles, grounds and requirements mentioned in Article 20 and Article 21 of this Decree.
2. Based on summarized results, Ministry of Resources and Environment shall draw up the draft of key program for fundamental investigation into resources and environment of sea and islands, consisting of the following contents:
a) Governing viewpoints and objectives of the key program;
b) The key program’s scope and period;
c) The key program’s tasks;
d) Solutions, resources, estimated expenditures and implementation progress of the key program;
dd) The list of projects, schemes and tasks to the key program;
e) Implementation organization of the key program.
Article 25. Collection of suggestions about the draft of the key program
1. Ministry of Resources and Environment shall send the draft of the key program, enclosed with written explanation about the draft, to Ministry of Planning and Investment, Ministry of Finance, Ministry of National Defence, Ministry of Public Security, Ministry of External Affairs and Ministry of Science and Technology for collecting suggestions about the draft of the key program.
2. Ministry of Resources and Environment shall summarize, examine, explain and accept suggestions given by ministries listed in Clause 1 of this Article to perfect the draft of the key program.
Article 26. Approval for the program
1. Ministry of Resources and Environment shall submit a written request to Prime Minister for approval for the key program.
2. Documents submitted to Prime Minister for approval for the key program consist of:
a) The written request for approval for the key program;
b) The draft of the key program and the written explanation about the draft;
c) The report on the summation of accepted/explained suggestions given by ministries;
d) The draft of Decision on approval for the key program.
Article 27. Establishment, approval and adjustment of projects, schemes and tasks in the key program; Adjustment of the key program
1. Ministries, ministerial-level agencies, affailiates of the Government, people’s committees of coastal provinces shall base on the key program for fundamental investigation into resources and environment of sea and islands approved by Prime Minister to establish, approve and execute the assigned projects, schemes and tasks in the key program in accordance with the laws and regulations in this Decree.
2. Ministries, ministerial-level agencies, affailiates of the Government, people’s committees of coastal provinces shall establish projects/schemes/tasks; collect opinions of Ministry of Planning and Investment, Ministry of Finance and relevant ministries/regulatory bodies; summarize and explain about suggestions given by relevant ministries/regulatory bodies in order to perfect such projects/schemes/tasks.
Projects/schemes/tasks in the key program must be sent for taking opinion of Ministry of Resources and Environment before they are approved; they must be sent to Ministry of Resources and Environment for summation and management after they are approved.
3. During the execution of approved projects/schemes/tasks, if projects/schemes/tasks must be adjusted because of objective reasons or coastal risks. That adjustment shall comply with the following regulations:
a) If adjusted contents of projects/schemes/tasks does not cause change of objectives and products of projects/schemes/tasks, agencies, agencies approving such projects/schemes/tasks shall decide the approval for adjustments and send adjusted documents to Ministry of Resources and Environment.
b) If adjusted contents of projects/schemes/tasks causes change of objectives and products of projects/schemes/tasks, agencies, such projects/schemes/tasks must comply with procedures stated in Clause 2 of this Article.
4. Adjustments of the key program for fundamental investigation into resources and environment of sea and islands
a) The key program for fundamental investigation into resources and environment of sea and islands shall be adjusted when any of the grounds for establishing the key program mentioned in Clause 2 Article 20 of the Law on resources and environment of sea and islands changes, resulting in the change of the approved key program’s objectives, scope and contents, or at unforeseen request to serve socioeconomic development and protection of national defence and security;
b) Procedures for establishment and approval for the adjusted key program shall be the same with those for the key program regulated in this Decree.
Article 28. Implementation organization of the key program
1. Ministry of Natural Resoruces and Environment shall discharge the following duties:
a) Organize and inspect the implementation of the key program for fundamental investigation into resources and environment of sea and islands;
b) Organize the assessment of the key program’s results upon the completion of the key program or before the key program is adjusted.
2. Ministry of Finance shall preside over and coordinate with Ministry of Planning and Investment and Ministry of Resources and Environment in guiding the management and use of state funds for implementation of projects, schemes and duties in the key program for fundamental investigation into resources and environment of sea and islands.
3. Ministries, ministerial-level, affiliates of the Government, and people’s committee of coastal provinces have the following duties:
a) Establish, approve, amend and organize the implementation of assigned projects/schemes/duties in the key program for fundamental investigation into resources and environment of sea and islands;
b) Annually, send reports on the implementation of assigned projects/schemes/duties to Ministry of Resources and Environment in order to summarize and report to the Prime Minister;
c) Coordinate with Ministry of Resources and Environment in organizing and inspecting the implementation of the key program for fundamental investigation into resources and environment of sea and islands.
Article 29. Submission and retention of results of projects/ schemes/ duties in the key program
1. Results of projects/schemes/duties in the key program for fundamental investigation into resources and environment of sea and islands must be retained and presented in accordance with the laws.
2. Within 30 working days from the date on which a project/scheme/task is accepted, the entity in charge of implementing that project/scheme/task must send the following documents to Ministry of Resources and Environment:
a) Decision on approval for results of the project/scheme/task, enclosed with the list of products and/or documents;
b) A hardcopy and a soft copy of the report on summation and/or results of the project/scheme/task and enclosed maps and/or documents.
Article 30. Assessment of result of the key program for fundamental investigation into resources and environment of sea and islands
1. Upon the completion of the key program or before it is adjusted, Ministry of Resources and Environment shall take charge of the assessment of the key program’s result.
2. The following contents are assessed:
a) The implementation process of the key program;
b) Results of the key program in comparison with its objectives and requirements; shortcomings and reasons thereof;
c) The key program’s achievements contributed to the social and economic development, national defense and security;
d) Contents to be adjusted or developed in the next key program for fundamental investigation into resources and environment of sea and islands.
Tìm kiếm
Nghị định 40/2016/NĐ-CP (Bản Word)
Nghị định 40/2016/NĐ-CP (Bản Pdf)