The Law on natural resources and environment of sea and islands 2015 of Vietnam came into force on July 01, 2016. From here, the management of marine environmental resources in the direction of integration and unity is officially legalized and is expected to bring efficiency in resource use and environmental management of sea and islands.
Article table of contents
At the 9th session on June 25, 2015, the 12th National Assembly of Vietnam voted to approve the Law on natural resources and environment of sea and islands.
According to the Ministry of Natural Resources and Environment of Vietnam, the Law on natural resources and environment of sea and islands consists of 10 Chapters and 81 Articles. This is a useful tool for general management of natural resources, environmental protection of sea and islands, which clearly stipulates the rights, obligations and responsibilities of agencies and individuals in the management and use of marine resources and environment. The basic content of the Law focuses on regulating tools, mechanisms and policies for inter-sectoral and inter-regional coordination and coordination, principles of coordination contents in integrated management of seas and islands; regulations on pollution control of sea and island environment, response to oil and chemical spills at sea, etc. In which, many important principles and regulations were first recognized and prescribed in the law of our country such as: ensuring people's right to access to the sea; regulations on coastal protection corridors and use of marine resources. Integrated management must be based on an ecosystem approach, ensuring that marine and island resources are exploited and used in accordance with the function of each marine area and within the load-bearing limits of the environment, ecosystem etc.
The Law on natural resources and environment of sea and islands 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. Environmental protection activities, management, exploitation and use of natural resources of sea and islands are prescribed in relevant laws and ensure accordance with provisions set out hereof. The State shall guarantee natural resources and environment are managed, protected, exploited and used in an appropriate, effective and sustainable way under strategy, planning and plan for socio-economic development, protection of national sovereignty and assurance of National defense and security.
The State shall mobilize resources and encourage fundamental investigation and scientific research of natural resources and environment; place priority on deep and remote ocean, islands, bordering international waters and new natural resources of great importance for socio-economic development, assurance of National defense and security; issue policies encouraging organizations or individuals to participate in the exploitation and use of natural resources and environment in a sustainable way. Intensify control of sea and island environmental pollution; increase efficiency in coordination in pollution control, prevention and coping with sea and island environment problems, climate change, rising sea; keep tight control of sea dumping activities. Making investment to increase capability of observation, monitoring and forecasts about natural resources and environment; establish comprehensive information and database system on natural resources and environment fostering development of marine economy and National defense and security. Expand and increase efficiency in international cooperation in the management, exploitation and use of natural resources and environment on the principles of maintaining independence and sovereignty of the Nation.
The Ministry of Natural Resources and Environment, ministries, ministerial-level agencies, Governmental agencies, People’s committees of central-affiliated coastal cities and provinces, within the scope of duties and powers, shall be responsible for carrying out monitoring and assessment of environmental pollution in sea and islands, current conditions of water, sediments, ecosystems and biodiversity of sea and island areas; conducting investigation, statistical work, classification and assessment of waste sources from mainland, activities on sea and islands according to regulations on environmental protection.
Regarding the synthesis in the management of sea and island resources, the Law prescribes the integrated management of sea and island resources with the motto that it does not change the management of the sectors and fields but plays the role of orienting and coordinating management activities of sectors and fields; helps overcome conflicts and contradictions in management by industry and field; rational and efficient use of natural resources, protection of the environment and ecosystems of sea and islands; unifies activities of management of resources and environment of sea and islands from central to local levels, ensuring sustainable development of sea and islands.
The law also stipulates very new principles and regulations such as general management of natural resources of sea and islands must be based on ecosystem approach, rights of residents to get access to the sea, strictly forbidding to conduct activities in the coastal protection corridor and on archipelagos, islands, low-lying and low-lying shoals, which must be protected and preserved. Because the general management is not a substitute for the management of the sector or field, but plays the role of orientation and coordination of sector management activities, in terms of responsibilities, the Law clearly states: “Specific responsibilities of ministries and branches in management, exploitation and protection of marine and island resources for specific types of resources have been prescribed and implemented in accordance with specialized laws (such as the law on fisheries, minerals, oil and gas, tourism, etc.); the responsibility to protect the marine environment is also stipulated in the law on environmental protection”.
The Law only focuses on regulating tools, mechanisms and policies for inter-sectoral and inter-regional coordination. The Government shall unify state administration for natural resources and environment of sea and island. The Ministry of Natural Resources and Environment shall take the following responsibilities to the Government for carrying out general management of natural resources and environment of sea and islands to ensure the requirements of integrated management in a sustainable way.
Source: Online newspaper of the Communist Party of Vietnam
