What are procedures and power for applying for recognition of natural heritage sites in Vietnam recognized by international organizations?

What are procedures and power for applying for recognition of natural heritage sites in Vietnam recognized by international organizations?

Pursuant to Article 20 of the Decree 08/2022/ND-CP stipulating procedures and power for applying for recognition of natural heritage sites in Vietnam recognized by international organizations as follows: 

- The management board (if any) or organization assigned to manage natural heritage sites shall prepare an application for recognition of international title by an international organization and submit it to a competent authority for consideration and appraisal as prescribed in this Article.

The provision of technical guidance, appraisal of guidelines and application for recognition of a natural heritage site by an international organization specified in clause 2 Article 31 of the Law on Cultural Heritage.

- Organize appraisal and submit the guidelines for applying for recognition of the natural heritage site recognized by an international organization:

+ For a natural heritage site located in 01 province or central affiliated city: the application shall be submitted to the provincial People’s Committee for consideration and submission to MONRE for appraisal.

If the natural heritage site is located in at least 02 provinces or central-affiliated cities or within the territorial waters to which responsibility of the provincial People’s Committee for administrative management are yet to be assigned, the management board or organization assigned to manage natural heritage sites shall submit the application to MONRE after obtaining written consent from the People’s Committee of the province sharing its boundary with the natural heritage site to be recognized;

+ The appraisal council is composed of members that are representatives of the Ministry of Foreign Affairs, Ministry of Culture, Sports and Tourism, Ministry of Agriculture and Rural Development, other Ministries, ministerial agencies, representative of the People’s Committee of the province applying for recognition of the natural heritage site, representatives of several organizations, experts and scientists in relevant fields.

+ The appraisal shall cover the satisfaction of the criteria applicable to the natural heritage site to be given the international title; geographical location, boundary and area of the natural heritage site, natural heritage site management zones; objectives for natural heritage site management; contents of management and plan for environmental protection of natural heritage site plan; management model; resources for managing and organizing management of the natural heritage site after being recognized;

+ MONRE shall preside over and cooperate with the provincial People’s Committee in completing the application after holding an appraisal council meeting and submitting to the Prime Minister the guidelines for applying for recognition of international title given by the international organization to the natural heritage site.

- After the Prime Minister grants approval for the guidelines, MONRE shall cooperate with the Ministry of Foreign Affairs and provincial People’s Committee in completing and submitting an application for recognition in accordance with regulations of the international organization.

+ MONRE shall provide technical guidance on applying for recognition and recognition of international title for Vietnam’s natural heritage sites in accordance with regulations of international organizations; appoint an agency in charge of communicating with international organizations to provide technical guidance and assistance in management, environmental protection, nature and biodiversity conservation of natural heritage sites recognized by international organizations.

What are regulations on investigation, assessment, management and environmental protection of natural heritage sites in Vietnam?

Pursuant to Article 21 of the Decree 08/2022/ND-CP stipulating investigation, assessment, management and environmental protection of natural heritage sites in Vietnam as follows: 

- Natural heritage site investigation and assessment include the investigation and assessment carried out every 05 years and other investigation and assessment activities prescribed by relevant regulations of law. Periodic investigation and assessment of a natural heritage site include the following elements:

+ Environmental changes and natural values that need to be protected and conserved according to the criteria for establishing and recognizing the natural heritage site;

+ Socio-economic activities that produce adverse impacts on the natural heritage site environment; exploitation and use of values of natural resources and ecosystem services provided by the natural heritage site;

+ Ecosystem restoration, protection and conservation of nature and biodiversity values provided by the natural heritage sites; measures to protect environment of the natural heritage site as prescribed by law;

+ Other contents prescribed by relevant regulations of law.

- The management board or organization assigned to manage natural heritage sites shall carry out periodic investigation and assessment of the natural heritage site according to clause 1 of this Article; send a report to the People’s Committee of the province where the natural heritage site is located and update the investigation and assessment result according to clause 1 of this Article in the national biodiversity database and specialized databases pursuant to relevant regulations of law.

The Minister of Natural Resources and Environment shall promulgate form of the report prescribed in this clause.

- According to the outstanding nature values that need to be protected and conserved, the natural heritage site shall be categorized into the following groups; organizing management and prioritize resources for environmental protection, nature and biodiversity conservation in the natural heritage site shall comply with the regulations set out in this Decree and relevant regulations of law:

+ Group of heritage sites with important ecological and natural landscapes, including natural heritage sites established and recognized when satisfying the criterion specified in point a clause 2 Article 20 of the LEP; landscape protection zones established under the laws on biodiversity, forestry and fisheries; scenic landscapes recognized as cultural heritage in accordance with regulations of law on cultural heritage;

+ Group of heritage sites rich in biodiversity, including natural heritage sites established and recognized when satisfying the criterion specified in point b clause 2 Article 20 of the LEP; nature reserves and habitat/species management areas established under the laws on biodiversity, forestry and fisheries; biosphere reserves specified in clause 2 Article 19 of this Decree;

+ Group of heritage sites with significant geomorphic or physiographic features, including natural heritage sites established and recognized when satisfying the criterion specified in point c clause 2 Article 20 of the LEP; geoparks specified in clause 3 Article 19 of this Decree;

+ Group of heritage sites of ecological importance, including natural heritage sites established and recognized when satisfying the criterion specified in point d clause 2 Article 20 of the LEP;

+ Group of natural heritage gardens, including natural heritage sites established and recognized when satisfying at least 02 criteria specified in clause 2 Article 20 of the LEP; national parks prescribed by the laws on biodiversity, forestry and fisheries.

- According to their size, extent of impacts and significance of natural values that need to be protected and conserved, natural heritage sites shall be ranked as follows:

+ Provincial natural heritage sites, including provincial wildlife sanctuaries prescribed by regulations of law on biodiversity, forestry and fisheries; scenic landscapes which are provincial sites/monuments prescribed by the law on cultural heritage; provincially significant wetlands prescribed by regulations of law on biodiversity; natural heritage sites prescribed in Article 19 of this Decree, having positive impacts on and serving as a significant role in local environmental protection, nature and biodiversity conservation.

+ National natural heritage sites, including national wildlife sanctuaries prescribed by regulations of law on biodiversity, forestry and fisheries; scenic landscapes which are national sites/monuments prescribed by the law on cultural heritage; wetlands of national importance prescribed by regulations of law on biodiversity; natural heritage sites prescribed in Article 19 of this Decree, having positive impacts on and serving as a significant role in national environmental protection, nature and biodiversity conservation.

+ Special national natural heritage sites, including scenic landscapes which are special national natural heritage sites prescribed by law on cultural heritage, world natural heritage sites, world biosphere reserves, global geoparks recognized by the United Nations Educational, Scientific and Cultural Organization (UNESCO); wetlands of international importance (Ramsar Sites) recognized by the Secretariat of the Convention on Wetlands (Ramsar Convention); ASEAN heritage gardens recognized by the ASEAN Secretariat and natural heritage sites recognized by international organizations.

- Locations, area and boundaries of core zone, buffer zone and transition zone (if any) in a natural heritage site shall be determined according to the following regulations:

+ Core zone is an area containing core values according to the criteria for establishing and recognizing natural heritage sites and is effectively managed and protected, including wildlife sanctuary; zone protection I of scenic landscape recognized as cultural heritage in accordance with regulations of law on cultural heritage; area with core values that need to be protected in a manner that remains intact and preserves the pristine nature of the natural heritage site specified in Articles 19 and 20 of this Decree.

Wildlife sanctuary zoning shall comply with regulations of law on biodiversity, forestry and fisheries;

+ Buffer zone includes an area with values to be protected at a lower level than the core zone of the natural heritage; zone protection II of scenic landscape recognized as cultural heritage in accordance with regulations of law on cultural heritage; and an area adjacent to boundary of the core zone which is intended to prevent and mitigate the negative impacts of socio-economic development activities outside the natural heritage site on the core zone of the natural heritage site;

+ Transition zone, is an area associated with the buffer zone, wherein socio-economic development activities take place and are controlled in order to be in harmony with protection and conservation objectives upon establishment and recognition of a natural heritage site.

- The management and environmental protection of a natural heritage site shall be given resources priority and carried out under the treaty to which Vietnam is a signatory, relevant regulations of law and the following regulations:

+ Management and environmental protection regulations and plan:

The provincial People’s Committee shall organize formulation and approval of regulations and plans for management and environmental protection of natural heritage sites located within its province. MONRE shall provide guidance on formulating a plan for management and environmental protection of natural heritage sites; organize formulation and approval of regulations and plan for management and environmental protection of natural heritage sites located in at least 02 provinces or central-affiliated cities or within the territorial waters to which responsibility of the provincial People’s Committee for administrative management are yet to be assigned.

For the natural heritage sites specified in point a clause 1 Article 20 of the LEP for which the management regulations, plan and scheme have been available before the effective date of this Decree, the authority having the power to approve such regulations, plan and scheme shall incorporate and update the contents prescribed in this Decree in the regulations, plan and scheme in accordance with regulations of law on biodiversity, forestry, fisheries and cultural heritage within 06 months from the effective date of this Decree;

+ The management board or organization assigned to manage natural heritage sites shall comply with the criteria concerning capability for management and environmental protection, form and mobilize forces and resources for management and environmental protection of natural heritage sites in accordance with regulations of law and approved regulations and plan; provide sources from state budget for management and environmental protection of natural heritage sites; organize supervision and promptly prevent infringement of natural heritage sites; sell tickets and collect entrance fees and service charges; manage and use revenues as prescribed by law; disseminate information, raise awareness and encourage participation of communities in the protection and management of natural heritage sites; participate in the management, connection and supervision of investment, environmental protection, nature and biodiversity conservation in natural heritage areas; perform other tasks assigned by competent authorities.

For world biosphere reserves and global geoparks located in a large area with production areas and residential areas, the provincial People's Committee shall establish an cross-sectoral management board and provide resources for management, environmental protection, nature and biodiversity conservation as prescribed in this Decree and relevant regulations of law;

+ Establishing a board for management of or assigning an organization to manage a natural heritage site which is a wildlife sanctuary shall comply with regulations of law on biodiversity, forestry and fisheries. Establishing a management for management of or assigning an organization to manage a natural heritage site which is a scenic landscape shall comply with regulations of law on cultural heritage.

If the natural heritage site has a wildlife sanctuary or scenic landscape managed by different management boards or assigned to different organizations to manage, the provincial People’s Committee shall decide to appoint or assign only one management board or one sufficiently competent organization and provide resources for management of such natural heritage site.

If the natural heritage site is located in at least 02 provinces or central-affiliated cities or within the territorial waters to which responsibility of the provincial People’s Committee for administrative management are yet to be assigned, MONRE shall reach an agreement with Ministries and ministerial agencies concerned to request the Prime Minister to issue a decision to carry out merger or assign a management board or assign an organization to manage such natural heritage site.

+ The provincial People’s Committee shall decide on the management board model or assign an organization to manage natural heritage sites within its province in a case other than that specified in point c of this clause. If the natural heritage site other than that specified in point c of this Clause is located in at least 02 provinces or central-affiliated cities or within the territorial waters to which responsibility of the provincial People’s Committee for administrative management are yet to be assigned, MONRE shall request the Prime Minister to issue a decision on the management model or assign an organization to manage such natural heritage site;

+ Organizations, enterprises, individuals and communities are encouraged to invest in, establish, manage, use and develop natural heritage sites in a sustainable manner.

- Environmental protection of a natural heritage site shall comply with the following regulations:

+ Business operations and services within the core zone of the natural heritage site shall be controlled as the strict protection zone according to regulations on environmental zoning of the LEP; business operations and services in the buffer zone of the natural heritage shall be controlled as the low-emission zone according to regulations on environmental zoning of the LEP;

+ Priority shall be given to conserving and restoring ecosystems in the natural heritage site back into their natural state; polluted and degraded soil and water environment in the natural heritage site shall be remediated and improved;

+ Core values of nature and biodiversity of the natural heritage site shall be protected and conserved intactly; ecosystem services of the natural heritage site shall be maintained, developed and used in a sustainable way;

d) The specific indicators regarding geology, landscape, ecology and biodiversity of the natural heritage site must be investigated, assessed, monitored, inventoried and reported according to regulations;

dd) Other requirements concerning environmental protection, prevention and control of impacts on environment and biodiversity of the natural heritage site specified in this Decree, relevant regulations of law and regulations of treaties on environment and biodiversity to which Vietnam is a signatory shall be complied with.

In case of emergency that seriously affect environment of the natural heritage site, MONRE shall request the Prime Minister to consider and decide to impose emergency or temporary measures to restrict the total amount of waste discharged to the environment of the natural heritage site, including clearly defining the area where the measures are imposed and duration of imposition.

+ MONRE  and provincial People’s Committee shall organize formulation and approval of a project on remediation of the polluted or degraded environment of the natural heritage site in accordance with regulations of law on state budget.

- Responsibility for management and environmental protection of natural heritage sites is defined as follows:

+ MONRE shall assist the Government in performing uniform management and environmental protection of natural heritage sites; formulate, promulgate and propose the promulgation of legislative documents; organize the implementation and inspection of compliance with laws and technical guidance on management and environmental protection of natural heritage sites;

+ Provincial People’s Committees shall perform uniform management and environmental protection of natural heritage sites within their provinces; comply with regulations on management and environmental protection of natural heritage sites under regulations of this Decree and relevant regulations of law;

+ Ministry of Agriculture and Rural Development shall organize implementation of requirements for protection of natural heritage sites upon carrying out forestry, aquaculture and agriculture activities under regulations of this Decree and relevant regulations of law;

+ The Ministry of Culture, Sports and Tourism shall organize implementation of requirements for protection of natural heritage sites upon carrying out culture, sports and tourism activities;

+ Ministries and ministerial agencies shall protect environment of natural heritage sites as prescribed by law.

Best regards!