Chương V Nghị định 40/2016/NĐ-CP: Hành lang bảo vệ bờ biển, hạn chế các hoạt động trong hành lang bảo vệ bờ biển

Chapeter V

COASTAL PROTECTION CORRIDOR, LIMITATIONS ON ACTIVITIES WITHIN COASTAL PROTECTION CORRIDOR

Article 31. List of coastal areas where the coastal protection corridor must be established

1. People’s committees of coastal provinces shall base on the principles for establishing coastal protection corridor provided for in Clause 2 Article 23 of the Law on resources and environment of sea and islands, and guidelines by Ministry of Resources and Environment to make the list of coastal areas where the coastal protection corridor must be established. Departments of Resources and Environment shall assist People’s committees of coastal provinces in making the list of coastal areas where the coastal protection corridor must be estbalished.

2. The list of coastal areas where the coastal protection corridor must be established shall be made according to the following sequence:

a) Collect and summarize information, and evaluate existing conditions of coastal resources and environment;

b) Determine the coastal areas where the coastal protection corridor must be established;

c) Collect suggestions from relevant agencies, entities and residential communities about the draft of the list of coastal areas where the coastal protection corridor must be established;

d) Request for approval for the list of coastal areas where the coastal protection corridor must be established.

Article 32. Information collection and summation, and evaluation of existing conditions of coastal resources and environment

1. The information collection and summation, and the evaluation of existing conditions of coastal resources and environment must be based on updated information and data for the purpose of providing sufficient data to evaluate the distribution rule, features, potentiality and existing conditions of the extraction and use of coastal resources and coastal environmental protection.

2. The following information must be collected in order to evaluate existing conditions of coastal resources and environment:

a) Natural conditions, resources and ecosystems;

b) Natural landscape and cultural heritage;

c) Social and economic development plans;

d) Existing conditions of the extraction and use of resources;

dd) Existing environmental conditions and environmental pollution risks;

e) Disaster happenings and risks;

g) Other relevant information and data.

Article 33. Identification of coastal areas where the coastal protection corridor must be established

1. Coastal areas where the coastal protection corridor must be established must be established and recorded in the list.

2. The following contents are included in the draft of the list of coastal areas where the coastal protection corridor must be established:

a) The list of coastal areas where the coastal protection corridor must be established;

b) Name, administrative division, geographic position and general description about each coastal area;

c) Coordinates of two limit points of the coastal area where the coastal protection corridor must be established in the mean high water line (MHWL);

d) Objectives and requirements on the establishment of coastal protection corridor of each coastal area.

Article 34. Collection of suggestions from relevant agencies, entities and residential communities about the draft of the list of coastal areas where the coastal protection corridor must be established

1. The draft of the list of coastal areas where the coastal protection corridor must be established requires relevant agencies, entities and residential communities’ suggestions which may be obtained by holding conferences, taking written suggestions, asking directly, or publishing the draft on the portals of Departments of Resources and Environment and people’s committees of coastal provinces. Period for publishing the draft list on portals for collecting suggestions must be at least 45 days.

2. The draft of the list of coastal areas where the coastal protection corridor must be established shall be perfected on the basis of suggestions given by relevant agencies, entities and residential communities as prescribed in Clause 1 of this Article. The acceptance and/or explanation about collected suggestions must be published on the portals of Departments of Resources and Environment and people’s committees of coastal provinces.

3. People’s committees of coastal provinces must ask for advice of Ministry of Resources and Environment about the draft list of coastal areas where the coastal protection corridor must be established before giving approval for that list.

Article 35. Approval for the list of coastal areas where the coastal protection corridor must be established

1. People’s committees of coastal provinces give approval for the list of coastal areas where the coastal protection corridor must be established.

2. Departments of Natural Resoruces and Environment shall send written request to People’s committees of coastal provinces to give approval for the list of coastal areas where the coastal protection corridor must be established. A written request for approval must consist of the following documents:

a) The written request for approval for the list of coastal areas where the coastal protection corridor must be established;

b) The draft of Decision on approval for the list of coastal areas where the coastal protection corridor must be established;

c) The report on accepted/explained suggestions of relevant agencies, entities and residential communities about the draft list;

d) Written suggestions and/or written summation of suggestions given by relevant agencies, entities and residential communities.

Article 36. Determination of the mean high water line (MHWL)

1. Based on observation, measurement and calculation data about coastal water levels during a period of 18.6 years before the time when the mean high water line (MHWL) is determined, Ministry of Resources and Environment shall determine and announce the points with typical values of tides within coastal area of Vietnam.

2. Based on the points with particular values of tides within coastal area of Vietnam, which are announced by Ministry of Resources and Environment as referred to in Clause 1 of this Article, each of people’s committees of coastal provinces shall take charge of determining and announcing the mean high water line (MHWL) within the coastal area in that province as regulated by Ministry of Resources and Environment.

Article 37. Breadth and boundaries of coastal protection corridor

1. The breadth of the coastal protection corridor is determined on typical sections in order to ensure requirements and objectives of the establishment of coastal protection corridor and correspond to actual conditions of the coastal area where the coastal protection corridor is established.

2. The breadth of the coastal protection corridor on a typical section refers to the largest distance from the mean high water line (MHWL) to the following lines:

a) The line connecting the points with highest values as determined for the purpose of ensuring requirements and objectives of the establishment of coastal protection corridor as provided for in Clause 1 Article 23 of the Law on resources and environment of sea and islands;

b) The outermost boundary of the protection area I of the historic and cultural relic in accordance with regulations of the law on cultural heritage;

c) The boundary towards to the land of the coastal protection corridor in accordance with regulations of the law on dykes.

If the largest distance from the mean high water line (MHWL) to the lines mentioned in Points a, b and c of this Clause is smaller than 100m, the breadth of the coastal protection corridor at that section shall be 100m; the natural width of the coastal area where the coastal protection corridor is established which is smaller than 100m shall be the breadth of the coastal protection corridor at that section.

If the largest distance from the mean high water line (MHWL) to the lines mentioned in Points a, b and c of this Clause is larger than the natural width of the coastal area where the coastal prodtection corridor is established, the breadth of the coastal protection corridor at that section shall be equal to that natural width.

3. Coastal protection corridor boundaries

The outermost boundary of the coastal protection corridor is the mean high water line (MHWL); the innermost boundary of the coastal protection corridor on the side of the mainland or the island shall be the line connecting the Points with distance determined to ensure the breadth of the coastal protection corridor as referred to in Clause 1 and Clause 2 of this Article.

Article 38. Collection of suggestions and approval for boundaries of coastal protection corridor

1. Relevant agencies, entities and residential communities must be asked for suggestions about boundaries of coastal protection corridor as prescribed in Clause 34 of this Article before the approval. The acceptance and/or explaination about collected suggestions must be published on the portals of Departments of Resources and Environment and people’s committees of coastal provinces.

2. People’s committees of coastal provinces give approval for the boundaries of coastal protection corridor. Departments of Resources and Environment shall request people’s committees of coastal provinces to give approval for the boundaries of coastal protection corridor. The approval requires the following documents:

a) The written request for approval for the boundaries of coastal protection corridor;

b) The draft of decision on approval for the boundaries of coastal protection corridor;

c) The map showing the boundaries of coastal protection corridor, enclosed with written explanations thereof;

d) The report on accepted/explained suggestions given by relevant agencies, entities and residential communities about the boundaries of coastal protection corridor;

dd) Written suggestions and/or written summation of suggestions given by relevant agencies, entities and residential communities.

Article 39. Announcement and setting up boundary markers of coastal protection corridor

1. Within 20 days from the date on which the decision on approval for boundaries of coastal protection corridor is issued, people’s committees of coastal provinces shall announce the coastal protection corridor on the mass media. The map showing boundaries of the coastal protection corridor must be posted at headquarters of people’s committees of coastal communes/wards/towns and at coastal areas where the coastal protection corridor is established.

2. Within 60 days from the date on which the decision on approval for boundaries of coastal protection corridor is issued, Departments of Resources and Environment shall set up boundary markers of the coastal protection corridor.

Article 40. Adjustment of boundaries of coastal protection corridor

1. Boundaries of the coastal protection corridor shall be adjusted in the following cases:

a) There is a significant change of the mean high water line (MHWL) at the coastal area where the coastal corridor must be established;

b) Upon irregular request for national defence and security;

c) In case of force majeure or disasters, the established coastal protection corridor fails to meet requirements and objectives provided for in Clause 1 Article 23 of the Law on resources and environment of sea and islands.

2. The adjustment of boundaries of the coastal protection corridor shall be made according to procedures and steps for determination of boundaries of the coastal protection corridor as referred to in Article 37 and Article 38 of this Decree.

Article 41. Limitations on activities within coastal protection corridor

1. The extraction of underground water shall be conducted in an emergency for the purpose of disaster and fire prevention and control, response to environmental emergencies or for serving extraction purposes in cases where there is no source of water available for extraction.

2. The land reclamation and the exploration of minerals, and oil and gas shall be conducted upon the approval given by Prime Minister.

3. The renovation of a constructed work shall be executed provided that it shall make no change of using purpose, structure, depth or height of that constructed work or that renovation shall make positive effect on the maintenance and protection of coastal protection corridor.

4. The production, trading and service provision likely to degrade the coastal ecosystem, the value of ecosystem services and natural landscapes shall be carried out if there are solutions to assure that requirements and objectives of the establishment of coastal protection corridor are not influenced.

5. Apart from the limitations prescribed above, activities mentioned in Clauses 1, 2, 3 and 4 of this Article are only executed upon the approval by regulatory bodies in accordance with specialized laws.

Article 42. Responsibilities of ministries and ministerial-level agencies for the establishment, management and protection of coastal protection corridors

1. Ministry of Natural Resoruces and Environment shall have the following responsibilities:

a) Promulgate technical regulations on the establishment of coastal protection corridors;

b) Instruct local governments to establish and manage coastal protection corridors in compliance with this Decree;

c) Inspect and handle violations against regulations on management of coastal protection corridors.

2. Ministries and ministerial-level agencies shall, within the ambit of assigned functions, tasks and powers, coordinate with Ministry of Resources and Environment and people’s committees of coastal provinces in establishing, managing and protecting coastal protection corridors.

Article 43. Responsibilities of people’s committees of all levels for the establishment, management and protection of coastal protection corridors

1. Each people’s committee of coastal province shall have the following responsibilities:

a) Instruct and organize the establishment, announcement and management of coastal protection corridors in accordance with the Law on resources and environment of sea and islands and regulations in this Decree; propagate and disseminate regulations of the law on resources and environment of sea and islands;

b) Promulgate regulations on management and protection of coastal protection corridors in that coastal province; disseminate and educate the laws on management and protection of coastal protection corridors;

c) Inspect and handle violations against regulations on management and protection of coastal protection corridors in that province.

2. Each people’s committee of coastal urban (suburban) district/ provincial-affiliated city/ equivalent administrative division shall have the following responsibilities:

a) Organize the implementation of legislative documents on management and protection of coastal protection corridors; disseminate and propagate the laws on management and protection of coastal protection corridors in its management region;

b) Implement measures for protection of unexploited resources within coastal protection corridors in accordance with the laws;

c) Participate in the establishment and coordinate in setting up boundary markers of coastal protection corridors in its management region;

d) Manage and protect boundary markers of coastal protection corridors; assume responsibility for encroachment or illegal use of land area within coastal protection corridors in its management region;

dd) Inspect the compliance with regulations on management and protection of coastal protection corridors in its management region.

3. Each people’s committee of coastal commune/ward/town shall have the following responsibilities:

a) Organize the implementation of legislative documents on management and protection of coastal protection corridors; disseminate and propagate the laws on management and protection of coastal protection corridors;

b) Coordinate in setting up boundary markers of coastal protection corridors in its management region;

c) Protect boundary markers of coastal protection corridors; assume responsibility for encroachment or illegal use of land area within coastal protection corridors in its management region;

d) Inspect the compliance with regulations on management and protection of coastal protection corridors in its management region.