30/06/2016
Environmental protection in general, sea and island environmental protection in particular have been paid special attention by the Party and the Government. The Politburo has promulgated Resolution No. 41/NQ-TW dated 15/11/2004 on environmental protection during the industrialization - modernization of the country with the objective of “prevention, restriction of pollution escalation, treatment of pollution, rehabilitation of ecosystems, gradual improvement of environment quality”. Later, the Secretariat of the Central Committee Communist Party also promulgated Indicative No. 29/CT-TW dated 21/1/2009 identifying and affirming the criteria “fast, effective and sustainable development, economic development together with assurance of advance, social equality and environmental protection”. Particularly, on 3/6/2013, at the 7th meeting of the Central Committee of the Party Tenure XI, Resolution No. 24/NQ-TW on active responding to climate change, enhancing natural resources management and environmental protection was promulgated, of which identifying the objective of “To 2020, basically, active response to climate change, prevention of disasters, reduction of greenhouse gas emission; basic change in exploitation and use of natural resources in an appropriate, effective and sustainable manner, control of environmental pollution increase and biodiversity degradation to ensure the quality of the living environment, ecological balance maintenance, towards environmentally friendly and green economy”.
The legal system on environmental protection is always reviewed and revised to be appropriate with the new situation. The legal corridor for environmental protection in management of regional, inter-sectoral and local activities is also paid attention. The system of state management agencies on environment is established from central to local levels. During 2002 - 2012, the National Strategy on Environmental Protection to 2010 and Orientation to 2020 has been implemented. The supervision, monitoring and addressing violations of environmental regulations have been regularly organized nationwide. Pollution treatment and environmental rehabilitation and improvement in river basin have been effectively implemented; strategic environment assessment, environmental impact assessment, biodiversity conservation, environmental monitoring and surveillance are enhanced.
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The Law on Sea and Island natural resources and environment, an important legal tool to implement effectively the integrated and unified management of sea and island natural resources and environment |
State of the Viet Nam’s Sea Environment
Although environmental protection in Viet Nam has been paid attention, the sea and island environment in Viet Nam still suffers negative impacts from pressures of socio-economic development activities as well as natural changes. These are namely: quantitative increase in maritime accidents and oil spills; transboundary sea pollution occurs; untreated waste from river basins and coastal areas discharges to the sea; some coastal beaches are polluted of oil, zinc and domestic wastes; suspended solid waste, Si, NO3-, NH4+ and PO43- are also at concerning levels; coastal seabed sediment - habitat of many aquatic species is also polluted; concentrations of plant protection chemicals andrin and endrin in benthic species in coastal estuaries are higher than the allowed limit; red tidal incident occurs, etc.
Particularly, coastal environment is significantly vulnerable because of terrestrial waste sources. Coastal provinces of Viet Nam are the living area of up to 50% of the country’s population, with more than 300 different types of urban areas with ten millions of tourists each year whereas many riverside and coastal landfills are not appropriately designed, lacking of sludge collection treatment facility. There are about 300 industrial manufacturing facilities in the region including marine economic zones, coastal industrial zones, industrial units, processing zones and industrial facilities scattered in the coastal area. Currently, coastal pollution hotspots appear in coastal areas in Quang Ninh - Hai Phong, Da Nang - Quang Nam, Ba Ria - Vung Tau - Ho Chi Minh City.
In Viet Nam, there are 2,345 rivers of more than 10km, flowing to the sea each year about 880 km3 of water with hundred millions of sand and mud, containing a large volume of organic materials, heavy metals, plant protection chemicals, etc. being washed from natural land, cropping land, residential area, industrial zone and wastewater from upstream sources directly discharges to rivers and coastal seas. At the same time, coastal areas of Viet Nam also suffer from other terrestrial waste sources such as transportation, sea ports, medical wastes, etc. The marine environment also suffers from marine economic activities, climate change impacts, environmental incidents, etc.
Socio - economic development activities as well as natural changes have caused negative impacts to the marine environment of Viet Nam. Seawater quality degrades and pollutes, becomes more turbid; marine ecosystems, marine biodiversity and marine fishery resources reduce.
Law on Sea and Island Natural Resources and Environment – an important legal tool for sea and island environmental protection
On 25/6/2015, at the 9th meeting of the National Assembly Tenure XIII, the Law on Sea and Island Natural Resources and Environment has been enacted with 10 chapters, 81 articles, including regulations on integrated management of sea and island natural resources and environment; rights, obligations, responsibilities of agencies and individuals in integrated management of sea and island natural resources and environment. Of which, Chapter VI with 22 articles (from Article 42 to 63) regulates sea environment protection with following contents:
Sea and island environment pollution control consists of regulations on principles and contents of sea and island environment pollution control (Article 42, Article 43); responsibility of investigation and assessment of sea and island environment (Article 44); sea environment pollution control from marine activities (Article 45) and control of sea environment pollution from terrestrial activities (Article 46); tools and measures to control sea and island environment pollution (zoning of sea and island environment pollution risks, classification of sea and island environment pollution risks) and assessment of sea and island environment pollution control activities (Article 48 to Article 50); sea and island environment state report (Article 51).
Response to marine oil spills and hazardous chemicals including regulations on principles of incident response and restoration (Article 52); incident response decentralization (Article 53); identification and notification of activity limitation zone (Article 54); temporary suspension of incident causing entities (Article 55); responsibility in responding to spills of oil and hazardous chemicals to the sea (Article 56).
Sea immersion includes regulations on immersion and materials and goods immersed into the sea (Article 57, Article 58); immersion permits; rights and obligations of organizations and individuals granted with immersion permits (Article 59 to Article 61); control of immersion activities (Article 62); immersion beyond the Viet Nam sea sovereignty causing impacts to Viet Nam’s sea and island natural resources and environment (Article 63).
In addition to above regulations, the Law on Sea and Island Natural Resources and Environment regulates state policies on sea and island natural resources and environment (Article 4); participation of residential communities, organizations and individuals in integrated management and environmental protection of sea and island natural resources (Article 6); forbidden behavior such as destruction and degradation of marine and island ecosystem and environment; immersion of materials and goods within the Viet Nam’s sea sovereignty without permits or against the law (Article 8). In addition, the Law regulates the requirement of sea and island environment protection in sea and island natural resources exploitation and uses; investigation and scientific study of sea and island. The Law also regulates the establishment of the monitoring system of integrated sea and island natural resources and environment; international cooperation on sea and island natural resources and environment; responsibility of integrated management of sea and island natural resources and environmental protection.
The Law on Sea and Island Natural Resources and Environment aims to overcome shortcomings arose during the management, exploitation and use of natural resources, sea and island environmental protection by sectors by using the integrated method on sea and island natural resources and environment management. This management method follows the approach that each sea zone is a unified natural resources system, is managed in an inseparable method to ensure the integrity, considering the sea as an interactive system between nature and society, between biological and non-biological matters; each sea zone is a multifunctional system, needs to be considered to be appropriate with that function and within the carrying capacity of the system and sub-system in the region; vertical management (levels) and horizontal management (relevant stakeholders) to ensure multi-sectoral, multilevel characteristics with close linkage among management policies and management actions. In other words, the Law on Sea and Island Natural Resources and Environment regulates human activities to protect the integrity of functions and structures of ecosystems, maintain and improve the productivity of ecosystems, through which, to ensure sea and island natural resources be managed, explored and used effectively and efficiently; harmonize benefits of relevant stakeholders in exploitation and use of sea and island natural resources and environment.
In other words, together with the Law on Environmental Protection 2014, the approved Law on Sea and Island Natural Resources and Environment has created an important legislation system on environmental protection in general and on sea and island environmental protection in particular.
MSc. Hoàng Nhất Thống
Vietnam Administration of Seas and Islands
Ministry of Natural Resources and Environment
