Procedures for setting up projects on establishment of provincial MPAs in Vietnam

Procedures for setting up projects on establishment of provincial MPAs in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is a marine protected area (MPA)?

According to Clause 6, Article 3 of the Law on Fisheries 2017, a marine protected area (MPA) means a protected area that is established at sea, islands, archipelagos or in coastal waters to preserve marine biodiversity.

2. Procedures for setting up projects on establishment of provincial MPAs in Vietnam

The procedures for setting up projects on establishment of provincial MPAs according to Article 8 of Circular 19/2018/TT-BNNPTNT is as follows:

The fishery authority of a province shall set up a project on establishment of provincial MPA in accordance with the following procedures:

- Organize biodiversity investigation and assessment and set up a project on establishment of provincial MPA.

- Seek opinions of relevant Departments, People's Committees of districts and People's Committees of communes; opinions of residential community in and around the area where the MPA is expected to be established by a show of hands or enquiry about the project.

- Request the People’s Committee of the province to appraise the project on establishment of provincial MPA.

3. Procedures for appraising projects on establishment of provincial MPAs in Vietnam

Procedures for appraising projects on establishment of provincial MPAs according to Article 9 of Circular 19/2018/TT-BNNPTNT are as follows:

* An application for appraisal of the project on establishment of provincial MPA includes:

- An application form;

- The project on establishment of provincial MPA, prepared using the Form No. 01 in the Appendix I of Circular 19/2018/TT-BNNPTNT (amended in Circular 01/2022/TT-BTNMT);

Form No. 01

- Written summation and explanation for opinions of relevant Departments, People's Committees of districts and People's Committees of communes, and residential community in and around the area where the MPA is expected to be established;

- Other relevant documents (if any).

* Procedures for appraising the project:

- The fishery authority shall submit an application to the People’s Committee of the province;

- The People’s Committee of the province shall establish an inter-agency appraisal council and take charge of carrying out an appraisal according to Clause 3 of Article 9 of Circular 19/2018/TT-BNNPTNT.

The inter-agency appraisal council shall be composed of at least 07 members. The President is the representative of the People's Committee of the province and members are leaders from relevant Departments and People's Committees of districts;

- After obtaining the written appraisal of the project on establishment of provincial MPA given by the inter-agency appraisal council, the People’s Committee of the province shall submit a project dossier to the Ministry of Agriculture and Rural Development, which will give a written response before making a decision.

The project dossier submitted to the Ministry of Agriculture and Rural Development includes: provincial MPA establishment project; written summation and explanation for opinions of relevant Departments, People's Committees of districts and People's Committees of communes, and residential community in and around the area where the MPA is expected to be established; written appraisal of the provincial MPA establishment project given by the inter-agency appraisal council;

- The Ministry of Agriculture and Rural Development shall send a written consent to the People’s Committee of the province. In case of rejection of the project dossier, a written response specifying reasons thereof shall be given;

- After obtaining the written consent, the People's Committee of the province shall decide to establish the MPA.

* An appraisal of the provincial MPA establishment project shall cover at least:

- Necessity of establishing the MPA;

- Bases for setting up the project;

- Targets and subjects under the protection;

- Satisfaction of criteria for establishing a MPA prescribed in Article 15 of the Law on Fisheries;

- Geographic location, boundary and area of MPA; boundary and area of dedicated zones and ecotone of MPA;

- Plans for biodiversity conservation, ecosystem restoration; protection and conservation of natural landscapes, cultural and historical values;

- Career change plan tailored for households and individuals involved in catching of aquatic products and aquaculture in the MPA;

- Solutions for execution and execution of management programs.

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