Marine and island environment protection: Acts prohibited in Vietnam

Marine and island environment protection: Acts prohibited in Vietnam
Nguyễn Trinh

The Law on natural resources and environment of sea and islands 2015 of Vietnam was approved on June 25, 2015. This Law regulates general management of natural resources and environment; rights, obligations and responsibilities of agencies, organizations and individuals in general management and protection of natural resources and environment in Vietnam. In order to protect the marine and island environment well, the law also stipulates prohibited acts in this field.

Specifically, according to Article 8 of the Law on natural resources and environment of sea and islands 2015 of Vietnam, prohibited acts include:

- Exploitation and use of natural resources of sea and islands in opposition to law provisions;

- Violate the planning and plans for use of sea, general planning for exploitation and sustainable use of natural resources of littoral zones approved and announced by competent state agencies;

- Make corrupt use of fundamental investigation, scientific research, exploitation and use of natural resources of sea and islands to affect national defense and security, national interests, lawful rights and benefits of other organizations, individuals.

- Perform activities within coastal area protection corridors as prescribed in Article 24 of the Law on natural resources and environment of sea and islands 2015 of Vietnam, specifically as follows:

+ Mineral extraction unless otherwise as approved by the Prime Minister;

+ Establish new constructions and expand construction works except the works used for protection of National defense and security, prevention and fighting against natural disaster and coastal landslides, coping with climate change, rising sea, preserving and bringing into play value of cultural heritages and other construction works serving interests of the nation, communities decided to invest by the National Assembly, Government, the Prime Minister, heads of ministries, central agencies, People’s Council, People’s committees of central-affiliated coastal cities and provinces.

+ Construct cemeteries and landfills;

+ Activities of drilling, excavation, and backfilling within coastal area protection corridors except activities as prescribed in Article 25 hereof;

+ Illegal transgression and use of coastal area protection corridors;

+ Activities that cause coastal landslide, degrade ecosystem, value of service of ecosystem and natural landscapes;

- Perform activities on archipelago, islands, shallow areas, and sandbanks to be protected as prescribed in Clause 2 Article 41 of the Law on natural resources and environment of sea and islands 2015 of Vietnam, specifically as follows:

+ Carry out new constructions; installation of facilities;

+ Impacts resulting in changes to topography, geomorphology and soil quality;

+ Activities of exploitation, excavation, backfilling, soil improvement; exploitation of minerals, underground water; bringing natural formations out of archipelago, islands;

+ Reclamation, felling, encroachments on vegetational cover; bringing wild plants out of archipelago, islands;

+ Hunting, bringing animals out of archipelago, islands; grazing livestocks, bringing alien living things on archipelago, islands;

+ Dump or bring waste matters on archipelago, islands;

- Perform activities on archipelago, islands, shallow areas, and sandbanks to be protected as prescribed in Clause 4 Article 41 of the Law on natural resources and environment of sea and islands 2015 of Vietnam, specifically as follows:

+ Carry out new constructions; installation of facilities;

+ Impacts resulting in changes to topography, geomorphology;

+ Reclamation, exploitation, excavation, backfilling, soil improvement; exploitation of minerals; bringing natural formations out of shallow areas, sandbanks;

+ Dump or bring waste matters on shallow areas, sandbanks;

- Destroy and degrade environment and ecosystem of sea and islands;

- Plunge and empty into the sea within territorial waters of Vietnam physical matters without permission and in opposition to law provisions;

- Supply, exploit and use of natural resources of sea and islands in opposition to law provisions;

- Make corrupt use of business titles and powers to break regulations on general management of natural resources and environment.

The Law on natural resources and environment of sea and islands 2015 of Vietnam came into force on July 01, 2016.

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