Nghị định 57/2008/NĐ-CP về quy chế quản lý các khu bảo tồn biển Việt Nam có tầm quan trọng quốc gia và quốc tế

DECREE

PROMULGATION OF REGULATION GOVERNING MARINE PROTECTED AREAS OF VIETNAM WHICH ARE OF NATIONAL AND INTERNATIONAL IMPORTANCE

THE GOVERNMENT

Pursuant to Law on Government’s Organization dated 25 December 2001;
Pursuant to Fisheries Law dated 26 November  2003;
Upon request of Minister of Agriculture and Rural Development

DECREES:

Article 1. Issue Regulation on management of marine protected areas of Vietnam which are of national and international importance together with this Decree.

Article 2. This Decree shall be effective 15 days since the posting on Official Gazette.

Article 3 of Decree 27/2005/NĐ-CP dated 8 March 2005 of Government governing and implementing some articles of Fisheries Law.

Article 3. Ministers, Heads of ministerial –level agencies, chairmen of People’s Committees of provinces and cities under central control shall be responsible for implementation of this Decree.

REGULATION

ON MANAGEMENT OF VIETNAM’S MARINE PROTECTED AREAS OF NATIONAL AND INTERNATIONAL IMPORTANCE
(accompanied with Decree 57/2008/NĐ-CP dated May 2nd 2008 of the Government)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

1. This regulation shall provide for the standards on classification, management, protection and development of Vietnam marine protected areas of national and international importance as well as duties of relevant Ministries, sectors.

2. This regulation shall apply to local and foreign organizations and individuals engaged in marine protected areas activities except cases where international treaties to which Vietnam is a member state otherwise.

3. In case of special importance due to national security purpose, the relevant activities shall be allowed to conducted in the marine protected areas with permission of Prime Minister.

Article 2. Standard on classification of marine protected areas with national and international importance

1. Marine protected areas with national and international importance (hereinafter referred to as Marine protected areas – MPA) shall be classified as national park, species and habitat sanctuary, aquatic natural reserve areas.

2. National park shall include the conditions as below:

a) To be a marine areas with one or several typical ecosystems such as coral, seaweed, mangrove, lagoon, estuary where they are unchanged or  impacted by human activities, to be residence of one or more wide, precious, rare and endangered flora and fauna species that need protection, management and conservation.

b) The areas of national park shall be at least 20,000 ha. Of which, areas of typical ecosystems which are unchanged or impacted by human activities shall account for 1/3 areas of the park.

c) To be the areas where the conservation objective are ensured and unchanged due to any disadvantageous activities by human.

3. Species and habitat sanctuary shall include conditions as follows:

a) To be a marine areas with one or several typical ecosystems such as coral, seaweed, mangrove, lagoon, estuary where they are unchanged or  impacted by human activities, to be residence of one or more wide, precious, rare and endangered flora and fauna species that need protection, management and conservation.

b) Areas of species and habitat sanctuary shall not be less than 10.000 ha. Of which, the areas of strictly protection shall account for 1/5 areas of the sanctuary.

c) To be the areas where the conservation objective are ensured and unchanged due to any disadvantageous activities by human.

4. Aquatic natural reserves areas shall include conditions as follows:

a) To be a marine areas and habitat of marine fauna and flora species with breeding ground or nursing ground of immature aquatic species and provide seeds for the adjacent marine areas.

b) Areas of this aquatic natural reserve areas shall be not less than 10,000 ha. Of which, the areas of breeding ground or nursing ground of imature aquatic species shall account for 2/3 areas of the reserve areas.

c) To be the areas where the conservation objective are ensured and unchanged due to any disadvantageous activities by human.

Article 3. Functional sub-areas within the MPA

1. Upon the natural characteristics and values to be protected, each MPA shall be divided into three functional sub-areas as follows:

a) Strictly protected sub-areas: a marine areas to be wholly protected and strictly managed to monitor the natural developments of the aquatic animals, plants and typical aquatic habitat.

b) Eco-rehabilitation sub-areas: a marine areas to be managed and protected for rehabilitation and facilitation of aquatic species and ecosystem to naturally reproduced.

c) Developed sub-areas: a marine areas remained of the MPA, where aquaculture, fishing, ecotourism, training and scientific research activities are allowed to conduct.

2. Establishment of functional sub-areas:

a) Areas, location of each functional sub-areas shall be identified up to the values that need protection and approval when establishing MPA.

b) The adjustment of areas, location of functional sub-areas shall be done upon the characteristics, actual developments of MPA and proposed by MPA management Board to the competent authorities for approval.

c) Ministry of Agriculture and Rural Development shall provide guidance on the standards, procedures on establishment of functional sub-areas of MPA.

3. Establishment of protection belt

In order to limit the outer impact, each MPA shall be included with a protection belt.

Protection belt shall be set up outside the MPA with the maximum width of 1000 m and at least of 500 m counting from the MPA outward.

Article 4. Community participation in protection and development of MPA

1. The State shall encourage the individuals, organizations and communities to take part in management, conservation, establishment and development of MPA as regulated by legislation.

2. Organizations, individuals and communities shall take part in:

a) Dissemination, education and raising of awareness on protection and conservation of biodiversity.

b) Monitoring, patrol and protection of MPA.

c) Scientific research and training within MPA;

d) Ecotourism in MPA.

These activities shall be complied with legislation and regulation of MPA management Board.

Article 5. MPA management board

1. Apparatus of MPA management board

MPA management board shall be public administrative agency with legal entity status, separate stamps and bank account and head quarter.

Organizational and employment of MPA management board shall include: directorate, specialized offices and patrol group.

2. Duties of MPA management board

a) They shall be responsible for management, protection of MPA according to this Regulation and other regulations provided for by legislation.

b) They shall be set up and carry out the management plan on five year, ten years basis after approval of competent authorities.

c) They study, propose the revision of areas, location of functional sub-areas of MPA, set up map and mark the functional sub-areas in the field.

d) Carry out the conservation and development of aquatic species, maintain the natural developments of ecosystems within MPA.

đ) Carry out prevention measures to prevent pollution, disease, breach to the MPA.

e) Conduct periodical monitoring, report the competent authorities on the status of biodiversity and environmental quality within MPA.

g) Educate, disseminate and raise awareness on the environmental protection and protection of biodiversity for the communities living within and around the MPA.

h) Coordinate with communities living within and around MPA to propose and carry out activities to improve their livelihood.

3. Authorities of MPA management board

a) Conduct research, survey to carry out their task as listed above.

b) Organize or link, cooperate with local and foreign organizations, individuals to conduct tourism and other services as regulated by this Regulation and relevant legislation.

c) Carry out international cooperation in scientific research for protection and development of protected values as regulated by legislation.

Section 1. MANAGEMENT OF ACTIVITIES WITHIN MPA

Article  6. Strictly protected sub-areas

1. Following activities shall be prohibited:

a) Exploit living and non-living resources by any methodology and gear.

b) Aquaculture at any form;

c) Establishment of infrastructure served the tourism, fisheries, transportation, communication, natural mining, sub maritime construction that disturb the sediments, water cleanness affecting the lives of aquatic species in the sub-areas.

d) Discharge of waste water and waste;

đ) Fishing vessels, maritime vessels and other vehicle are not allowed to pass except for force-major.

e) It is not allowed to step on coral reef and seaweed.

2. Activities that need conditions:

a) Tourism including the use of glass-bottom vessels to observe sea bed; swimming with breath tube or without air compressor tube or diving with air compressor tube as guided by Management board.

b) Scientific research which is permitted by MARD with monitoring of management board.

c) Tourist vessels operating within MPA shall comply with regulations on protection of aquatic species and environment, using the floats and anchoring as guided by management board.

Article 7. Eco-rehabilitation sub-areas

1. Prohibited activities are as follows:

a) Exploit living and non-living resources by any methodology and gear.

b) Aquaculture at any form;

c) Establishment of infrastructure served the tourism, fisheries, transportation, communication, natural mining, sub maritime construction that disturb the sediments, water cleanness affecting the lives of aquatic species in the sub-areas.

d) Discharge of waste water and waste;

đ) Fishing vessels, maritime vessels and other vehicle are not allowed to pass except for force-major.

e) It is not allowed to step on coral reef and seaweed.

2. Activities that need conditions:

a) Tourism including the use of glass-bottom vessels to observe sea bed; swimming with breath tube or without air compressor tube or diving with air compressor tube as guided by Management board.

b) Scientific research which is permitted by MARD with monitoring of management board.

c) Tourist vessels operating within MPA shall comply with regulations on protection of aquatic species and environment, using the floats and anchoring as guided by management board.

d) Rehabilitation activities conducted within MPA shall ensure the natural character.

Article 8. Developed sub-areas

1. Prohibited activities:

a) Exploit fisheries by trawling net and other fisheries that destroy the resources and habitat of aquatic species.

b) Do not step on or anchor on the coral reef, seaweed except for force-major.

c) Discharge of waste and waste water.

2. Activities with conditions:

a) Fishing by fishery regulated by MARD not affecting the aquatic species and habitat as regulated by MPA management board.

b) Aquaculture when allowed by competent authorities and regulated by MPA management board.

c) Fishing vessels, maritime vessels and other vehicles shall be allowed to conduct innocent passage without stopping and anchoring, except for force-major.

d) Tourist vessels operated within MPA shall comply with regulations on protection of aquatic species, habitat and use of floats and anchor as guided by management board.

đ) Construction of infrastructure served tourism shall be approved by competent authorities.

Article 9. Protection belt of MPA

Prohibited activities shall be as follows:

1. Fishing by means and measures destroying and affecting the habitat of aquatic species.

2. Breach and destroy ecosystem, pollute the environment.

3. Anchor on coral reef and seaweed, except for force-major.

Section 2. FINANCIAL MATTERS RELATED TO MPA

Article 10. Financial source of MPA

1. State shall encourage organizations and individuals to construct, protect and develop MPA.

2. Financial source for establishment and development of MPA shall include:

a) State budget.

b) Charges collected from services allowed as stated in this Regulation and other relevant legislation.

c) Donation from local and external individuals and organizations.

d) Fees, charges managed according to legislation.

đ) Other legitimate sources as regulated by legislation.

Article 11. Financial management and use of MPA

1. State budget supported MPA shall be used for following mandate:

a) Carry out mandate stated in para. 2 Article 5 of this Regulation.

b) Construct the infrastructure, equipment served the management of MPA.

c) Cost for regular management activities of MPA management board.

The use of State budget shall be conducted within projects and approved by competent authorities as provided for by legislation.

2. The management and use of income derived from services shall be conduced according to legislation.

3. The investment and donation of individuals and organizations shall be managed and used according to law on investment, legislation relating to use of donation sources and other relevant legislation.

4. Ministry of Finance shall be responsible for guiding the management and use of financial sources of MPA.

Chapter II

EXECUTIVE PROVISIONS

Article 12. Duties of ministries, sectors and localities

1. MARD shall be responsible for chairing and coordinating with related ministries and sectors:

a) Formulate and submit to Prime Minister for approval of masterplan and organize the implementation of MPA’s management.

b) Formulate and submit to Prime Minister Projects to establish and manage the MPA of national and international importance relating to several sectors located in several provinces.

c) Direct and guide the localities to establish the projects on establishment, management, regulations governing MPA as assigned.

2. People’s Committees of coastal provinces and cities under central control shall:

a) Base on this Regulation and guidance of MARD, direct functionary agencies at local level to set up projects on establishment, management and regulations of MPA as assigned.

b) Manage MPA as assigned, guide MPA management board to set up regulations to manage MPA.

3. Specialized inspectors within MARD shall perform its function and cooperate to inspect the operations of MPA.

Article 13. Sanction

Organizations and individuals violating regulations of this Regulation, shall be punished upon the level of seriousness of violations.

Article 14. Revision and supplement to Regulation

During implementation of this Regulation, any obstacles arising shall be reported by MARD and People’s Committees of province and cities under central control for supplement and revision.

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