General view
Total area of Vietnam is about 329.314 km², which includes about 327.480 km² of mainland and 4.200 km² of internal water and more than 3.000 of big and small islands, and 1 million km² of territorial waters, economic zone and continental shelf. Vietnam has 3.260km coastal line with 28 per 64 provinces and central cities adjacent to the sea, with area of coastal districts account for 17% of total area of country an are resident place of more than 30% total population of the whole country[1].
Sea plays an important role to existance and development of the country. The sea and ocean is potential in strategy of development with key of marine economic development.
However, in addition to economic interests come from maritime, tourism, aquatic resources, petroleum exploitation….Vietnam also is facing with marine environmental problems. The sea and coastal areas are in risk of increasing pollution.
Before the real situation, conservation of rich marine resources and marine environmental protection has decisive meaning. Vietnam State and ruling Party has developed a system of policy and legislation on marine environmental protection, which is improved gradually. The system of policy and law has overviewed by following main points: :
- The system of policy integrate environmental protection in to socio-economic development and national sovereingty protection to ward sustainable development that have developed from central level to local level and with long-term orientation.
- The Law on Environmental protection 2005 with its important regulation of marine environmental protection, issued to combine with other related laws creates a comprehensive legal framework to protect marine environment.
- The above policy and law internalize to implement and comply multilateral environmental agreements on marine environment which Vietnam participates.
The above specific characteristics are assessed and analyzed in turn as follows. However, the Law on Environmental Protection 2005 and its under law documents guiding implementation have direct and the most important meaning to marine environmental protection, so, the short paper will concentrate to analyze more their legal provisions.
1. The system of policy integrate environmental protection in to socio-economic development and national sovereingty protection to ward sustainable development that have developed from central level to local level and with long-term orientation.
Being aware the importance of marine socio-economic development and environmental protection, Resolution 09-NQ/TW dated 09th Febuary 2007 of 4th Congress of Central Executive Board of Party (10 th Section) on Vietnam Strategy of Sea to 2020 states that ”striving for our country become nation, which is wealth and strong by the sea, protect sovereignty on the sea to develop sustainably; combine closely socio-economic development and national defence and security and environmental protection,…”
To implement the policy of the Party, the Govenment approved Resolution 27/2007/NQ-CP dated 30th May 2007 issuing the Action Program of the Goverment to implement Vietnam Strategy of Sea to 2020.
Following that, all coastal provinces and central cities even issued Resolutions to implement Resolution 09-NQ/TW dated 09th Febuary 2007 of 4th Congress of Central Executive Board of Party (10 th Section) on Vietnam Strategy of Sea to 2020 and the Resolution of the Government. In which, action programs, plans also prescribe to carry out marine environment protection as one importance objective and responsibility.
To develope and implement the above strategy, a various supporting policies have been issued before such as Comprehensive Project of marine environment and reources investigation basically and management to 2010, orientation to 2020 (approved by Decision 47/2006/QĐ-TTg of Prime Minister dated March 1st 2006; Decree 101/2007/NĐ-CP dated June 13th 2007 on collecting, managing, exploiting and using marince environment and resources database; Program of management of coastal line of central area to 2010 orientation to 2020 (approved by Decision 158/2007/QĐ-TTg dated 9th October 2007; National plan of environmental pollution control to 2010 issuing together with Decision 328/2005/QĐ-TTg dated 12 December 2005, …
Especially, the Strategy of environment Protection to 2010 orientation to 2020, marine environment also is paid attention to protect with determination of important meanings. The strategy also combine with Strategy to Sea with main views of using reasonably and comprehensively with protect sea and coastal environment and resources.
- The Law on Environmental protection 2005 with its important regulation of marine environmental protection, issued to combine with other related laws creates a comprehensive legal framework to protect marine environment.
The Law on Environmental protection 2005determines marine environmental protection includes 3 main contents; 1- Marine resources conservation and reasonable use; 2- ii) Marine Environmental pollution Control and Treatment; 3- Marine environmental accident Prevention and Reaction (1st Section, Chapter VII, Law on Environmental Proctection 2005).
The Law on Environmental protection 2005 also defines principles for marine environment protection as follows:
- The protection of the environment must become one of contents of the marine economic development master plan with the goal of mitigating adverse impacts on marine environment and increasing the efficiency of marine economics.
- Preventing and reducing wastes discharged from land based and maritime activities; and taking proactive and coordinated preparedness and responses to marine environmental incidents;
- The protection of marine environment must be integrated with the functional zoning of marine natural resources conservation and use;
- The protection of marine environment must be integrated with the integrated natural resources and environmental management to serve sustainable development.
(Article 55)
Those are principles orient for activities of protection of marine environment. it is clear that marine environment protection is not separated with activities of marine economic development and marine environment protection also are to promote the marine economic development. The first principle should be implemented in master planning period of marine economic development. One oriented principle is to zone of functional area of protection and use of marine natural resources that are the bases for marine environment protection toward sustainable development.
2.1. Conservation and Rational Use of Marine Natural Resources
This content is regulated by Article 56, The Law on Environmental protection 2005 with detail activities:
- Marine natural resources must be investigated and assessed in terms of their reserves, regenerative capacity and economic values to serve the management and protection of marine environment.
- Aquacultural activities, exploitation of marine natural and other resources and other activities related to marine natural resources exploitation and use must be implemented in accordance with the approved natural resources use planning.
- Activities taken place within marine nature reserves, mangrove forests and natural heritage must observe rules set forth by their management boards, the regulations of the law on environmental protection, and the other provisions of the relevant law.
- Use of destructive measures, means and tools in the exploitation of marine natural and other resources must be strictly prohibited.
For legal provision of “Aquacultural activities, exploitation of marine natural and other resources and other activities related to marine natural resources exploitation and use”, the Government has launched Program of aquacultural resources protection and development to 2010 following Decision 131/2004/QĐ-TTg dated 16/7/2004. The goal of the program is to protect and conserve biodiversity of aquatic creature, especially rare and precious species with high economic, scientific value, maintain unique of biodiversity of aquatic ecosystem of Vietnam for present and future generation, to restore marine and coastal aquatic resources, to raise awareness of the importance and value of natural resources, determine clearly the role and responsibilities of people in participation of protection of aquatic natural resources, as well as to improve the capacity of State management agencies and local authories at all levels. .
Besides Program of aquacultural resources protection and development to 2010 , which is implemented nationwide, each region developed more detail program such as the Program of collective management of central coastal line to 2010 orientation to 2020 following Decision 185/2007/QĐ-TTg dated 9th October 2007.
For Activities taken place within marine nature reserves, mangrove forests and natural heritage must observe rules set forth by their management boards, the regulations of the law on environmental protection, and the other provisions of the relevant law”, the related regulation is Law on aquatic resources and Decree 27/2005/ND-CP dated 08/3/2005 providing detail and guiding implementation of Law on aquatic resources, that provides the definition of “marine protected area”, criteria of category, decentralization of management and organization of marine protected areas. In addition, marine protected areas in interior water area are under the regulation of Decree 109/2003/ND-CP dated 23th September 2003 of the Government on conservation and sustainable exploitation of wetland.
Recently, the Government issued the Regulation of management of Vietnam marine protected area which has national and international importance (issued together Decree 57/2008/NĐ-CP dated 2nd May 2008, provide clearly the criteria of category, decentralization of management and organization of marine protected areas, responsibilities of Ministries, agencies and local authorities.
For Use of destructive measures, means and tools in the exploitation of marine natural and other resources must be strictly prohibited, it is stipulated clearly by Law on aquatic resources 2003 and its by-law documents of guiding implementation. Article 8, Law on Aquatic resources, Ministry of Fishery (now is Ministry of Agriculture and Rural Development) is responsible to announce regularly exploitation methods, tools, prohibited tools and means, species and types, size of aquatic resources, season allowed to exploit; prohibited area to exploit .
- Control and Treatment of Marine Environmental Pollution
This content is regulated by Article 56, The Law on Environmental protection 2005 requires:
– Waste sources from mainland, production, business and service units, urban centers and residential areas in coastal zones and on the sea and islands, must be investigated, inventoried and assessed, and measures must be taken to prevent and restrict their adverse impacts on marine environment.
This provisions also integrate into provisions of Maritime Codes dated 14th June 2005, Decree 71/2006/NĐ-CP dated 25th July 2006 on management of sea port and maritime channel, Decree 115/2007/NĐ-CP dated 5th July 2007 on conditions of buiness of maritime services and transportation and its documents guiding; Decree 62/2006/ND-CP dated 21 June 2006 on handling administrative violation in maritime sector…
– Wastes and other polluting factors generated from production, business and service, construction, transport and exploitation activities on the sea must be controlled and treated in compliance with the environmental standards.
To implement this legal provision should be considered additional Law on Petroleum dated 06th July 1993 and its amendment 09th June 2000 and Decree 48 /2000/NĐ-CP dated 12th September 2000 providing in detail implementation of Law on petroleum. Treatment of management of hazardous waste should be implemented following the Regulation of hazardous waste management issued together with Decision 155/1999/QĐ-TTg dated 16th July 1999 and Circular 12/2006/TT-BTNMT dated 26th December 2006 guiding conditions of practising and procedures to prepare dossier, applying registration, granting permit for practising, codes of hazardous waste management.
– Waste oils, greases, drilling solutions, chemicals and other toxic substances used in marine natural resources prospecting and exploitation activities must be collected and stored with specialized equipment, and must be treated in accordance with the regulations on hazardous waste management.
– Dumping wastes under all forms in the waters of the Socialist Republic of Viet Nam must be strictly prohibited.
2.3. Organization of Prevention and Response to Marine Environmental Incidents
Due to serious impact of environmental incidents in the sea, so, Law on environmental protection has Article 58 provides to organization to prevent and response to marine environmental protection with following contents:
– Organizations an individuals engaged in mineral exploitation activities, and owners of vessels to transport gasoline, oils, chemicals, radioactive substances and other toxic substances on the sea must develop plans of, and provide human resources, equipment and facilities for, the prevention of, and response to marine environmental incidents.
Petroleum activities happen popularly in the sea and risks of environmental incidents are very high, so, the Decree 48/2000/NĐ-CP dated 12th September 2000 providing in detail implementation of Law on petroleum has detail regulation for prevention of risks of environmental incidents caused by Petroleum activities.
Maritime Codes and its Decrees guiding implementation also has regulated the other activities which can caused environmental incidents by provisions of transport of chemicals, radioactive and hazardous subtances by sea should be ensured safety and prevention of incidents happen.
- National rescue and marine police forces must be provided with training, equipment and facilities to ensure the response to marine environmental incidents;
- Owners of vessels and storehouses of goods on the sea that are likely to cause environmental incidents must by any means, notify the forces as stipulated in Paragraph 2 of this Article, and other organizations and individuals of the risks, and must work out solutions to the prevention of environmental incidents.
- Ministries, ministerial level agencies, Government bodies, People’s Committees of coastal provinces shall, within the extent of their functions, duties and powers, have the responsibility to detect, warn, and notify timely of, natural disasters and marine environmental incidents, and organize the response to, and remedy of the consequences.
Especially, the Prime Minister issued Regulation of response to oil spill (following Decision 103/2005/QĐ-TTg dated 12 May 2005,which prescribes in detail the contents of activities, responsibilities of individuals and organizations in response and recovery consequence of oil spill nationwide.
- The above policy and law internalize to implement and comply multilateral environmental agreements on marine environment which Vietnam participates.
To prevent pollution to the sea, there are many international legal documents on environmental were developed and signed by countries. Vietnam has approved various multilateral environmental protection agreement to control marine pollution, for examples:
- International Convention for the Prevention of Pollution from Ships, 1973, MARPOL, Vietnam adhered dated 29 August 1991
- International Convention for the Safety of Life at Sea (SOLAS), 1974, Vietnam adhered dated 18 March 1991
- UN Convention on law of the sea , Vietnam adhered dated 16 November 1994
- Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREGs) , Vietnam adhered dated 18 December 1990;
- International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, Vietnam adhered dated 18 March 1991;
- The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal 1989 Vietnam adhered dated 11 June 1995;
- Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 ( London Convention)
Conclusion
In recent years, Vietnam has developed the system of policy and legislation on protection of marine environment that contribute and play important role in marine environment. However, infact, implementation of law and policy still has restriction and contradiction. Especially, difficulties in control and supervision of law’s implementation on the sea to the violators of fishery, maritime…Infringment of waste dumping or waste water discharge, oil spill is difficult to detect and get evidene to handle.
The common solutions now are that Vietnam should concentrate to improve material, infrastructure, human resources, modern technology for business and production, services in marine sector to restrict pollution, concurrently, to raise awareness and capacity building of management for marine environment.