Mangroves for Nature, Humans and Development, VIET NAM – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 1

Mangroves for Nature, Humans and Development

VIET NAM – Legal Matrix on Mangroves' Conservation and Use

International obligations

Is the State a party to any of these

conventions?

Ramsar Ratified in 1989

World Heritage Convention Ratified in 1987

Convention on Biodiversity Ratified in 1995

UNCLOS Ratified in 1994

UNFCCC/Paris Agreement Ratified in 1994/ Ratified in 2016

Regional Agreements:

Mekong Agreement

Ratified in 1995

Others:

CITES

Ratified in 1994

Are there Ramsar sites including

mangroves in the country?

Mui Ca Mau National Park

Xuan Thuy Natural Wetland Reserve

Con Dao National Park

Are there World Heritage Sites

including mangroves in the country? No

Do the Nationally Determined

Contributions of the country relate to

mangroves?

Yes

- 3.4(2): “Protect, restore, plant and improve the quality of coastal forests, including mangroves,

especially in coastal estuaries and the Mekong and Red River deltas.”

- 3.6: “Forest coverage increases to 45%; the area of protection forest in coastal areas is increased

to 380,000 hectares, including 20,000 to 50,000ha of additional mangrove planting; ”

How is carbon accounting conducted? Action plan for implementing the Paris Agreement to implement the Framework Convention on Climate Change (Decision No. 2053/QD-TTg of 28 October 2016)

Mangroves for Nature, Humans and Development, VIET NAM – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 2

- Section I (1): “Regulation (i.e. Government’s Decree) on roadmap and method for Vietnam to

participate in mitigation of global GHG will be adopted in 2018.”

- Section I.(1.3): “Domestic carbon market and other cooperation mechanisms on mitigation of GHG

emissions in accordance with Article 6 of the Paris Agreement are supposed to be developed in

2018”

Constitution and governance

Is there any constitutional provision

relevant to mangroves?

Yes

Final Constitution of the Republic of Vietnam Adopted by the National Assembly

28 November 2013

- Article 43: “Every one has the right to live in fresh environment and has the duty to protect the environment.”

- Article 50: “The Socialist Republic of Vietnam constructs an independent and sovereign economy

which shall promote its internal resources, internationally cooperate, and closely connect with

cultural development; practices social progressiveness and equality; protects the environment;

and exercises industrialization and modernization of the country.”

- Article 63 : “1. The State has a policy to protect the environment; manages, and effectively and

stably use natural resources; protects the nature and biodiversity; takes initiative in prevention

and resistance against natural calamities and response to climate change.

2. The State encourages all acts of protection of the environment, development and use of new

energy and recycled energy.

3. Organizations and individuals who cause environmental pollution, debilitate natural resources

and weaken biodiversity shall be strictly dealt with and must be responsible for remedy and

compensation for damage.”

Mangroves for Nature, Humans and Development, VIET NAM – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 3

Are access to information, access to

justice and public participation

recognized by the law?

Yes

Law on Environmental Protection, 2014

- Article 131: “1. Environmental information to be made known in public includes:

a) Strategic environmental assessment report, environmental impact assessment report and

environmental protection plan;

b) Information of emission sources, emissions and treatment of waste;

c) Areas suffering from serious and particularly serious pollution, degradation, areas at risk of

environmental incident;

d) Environmental reports;đ) Results of environment inspections.”

- Article 162: “1. Organizations, individuals are entitled to file a complaint and lawsuit against any

violations of the legislations on environmental protection in accordance with the law.”

Law on promulgation of legislative documents, 2015

- Article 36 (1a) : “for any suggestion to develop any laws or ordinances , a draft must be published

on an official website for public consultation for at least 30 days.”

- Article 57 (1): “for any drafts laws, ordinances, or resolutions, a draft must be released for publish

consultation for at least 60 days.”

Forestry Law, 2017

- Article 12 (2): “national forestry planning must be released for publish consultation through

websites and mass media.”

Biodiversity Law, 2008

- Article 11 (1): “the national master plan on biodiversity conservation must be published on official

websites for 30 days after the government has approved.”

Mangroves for Nature, Humans and Development, VIET NAM – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 4

- Article 40 (2): “the list of endangered precious and rare species prioritized for protection must be published on the mass media.”

- Article 54: “the list of invasive alien species and information regarding their distribution areas of distribution and invasion levels must be published on official websites of the Ministry of Natural Resources and the Environment, Ministry of Agriculture and Rural Development, and People’s Committees at provincial level.”

What are the national policies /

strategies related to mangroves or

coastal ecosystem?

The National Strategy on Environment Protection to 2020, with Visions to 2030

- II(2)(c) : “c) Solutions to recover and regenerate deteriorated natural ecosystems, especially

mangroves

To survey and evaluate deterioration and degradation of specific or representative natural

ecosystems, especially mangroves, then design the planning schemes for their recovery;

The State will conduct programs on investing and mobilizing ODA sources and other resources

from economic sectors and organizations at home and abroad for recovering natural

ecosystems, increasing their resistance against climate change, founding mechanisms for

payments of ecosystem services towards boosting recovery, regeneration and protection of

natural ecosystems.”

- Appendix(3)(i): the Ministry of Agriculture and Rural Development shall assess the results of the

strategy on the areas of mangroves. For 2015 and 2020 assesses, the objective is that mangroves

coverage shall not be lower than 2010.

The National strategy on climate change

- IV(1)(b) : “enhance protection, management and development of mangrove forests and flooded

ecosystems” to mitigate damages caused by natural disasters.

The National biodiversity strategy to 2020, vision to 2030

- Objective of 190.000 ha of mangroves by 2010 and unchanged for 2020

Mangroves for Nature, Humans and Development, VIET NAM – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 5

Plan for protection and development of coastal forests in response to climate change for the period 2015 – 2020 - Article 1 (3): “Develop 46,058 hectares, of which, 37,008 ha as protective forests and specialized

forests that are comprised of 29,500 hectares as mangrove forest and 7,508 hectares as wind and sand break forests; and 9,050 hectares as production and protective forests.”

- The list of projects of coastal forest plantation is provided in Appendix 1 of the Decision No. 120/QD-TTg of 2015. It includes, for example, project of forest plantation and protection of coastal mangrove forest in Quang Yen town, projects of new mangrove forests plantation in Quang Ngai, Binh Dinh, and project of coastal mangrove forests protection and development in Bac Lieu province.

National Strategy for the sustainable exploitation and utilization of marine natural resources and environmental protection to 2020 - Section II (1): “Conduct surveys, evaluations, and maps of wetland ecosystems, mangrove forests,

coral reefs, seagrass beds, specific ecosystems, high biodiversity areas, reproductive areas, and migration flows of marine lives”

- Section II (1): “Carry out comprehensive surveys and evaluation of meteorology, marine resources, marine environment, geology, terrain, land resources, surface water, underground water, mangrove ecosystems, wetlands, precious and rare wildlife, resources for seaport, wind energy, solar energy, and wave energy development of coastal areas islands, island clusters, coastal areas located from Mong Cai to Ha Tien province.”

Institutions and processes

What are the institutions that have

authority regarding mangroves?

Forestry Law, 2017

- Article 101: “1. The Government ensures the consistency of state management of forestry national

wide.

2. The Ministry of Agriculture and Rural Development is tasked as the focal point to assist the Government in state management of forestry.

Mangroves for Nature, Humans and Development, VIET NAM – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 6

3. The Ministry of National Defense, Ministry of Public Security, Ministry of Natural Resources and the Environment, ministries and ministerial authorities shall cooperate with the Ministry of Agriculture and Rural Development in carrying out the state management of forestry within their authorities.

- Article 102: “1. Responsibilities of People’s Committees of provinces:

a) Issue within their power or request competent state authorities to issue legislative documents on forestry, make decisions on sustainable forestry development programs or projects in their provinces;

b) Implement legislative documents on forestry, forestry development strategy, national forestry planning, forestry development programs/projects/plans in their provinces;

c) Classify forests and demarcate types of forests within their competence;

d) Allocate, lease out, repurpose or appropriate forests of organizations; organize replacement afforestation;

dd) Pursue investigation, do forest stocktaking and inspect forest development;

e) Update forest database and prepare documents on forest management;

g) Protect forests; conserve forest biodiversity; forest fire safety; prevent and eliminate forest pests; develop and use forests; forest products processing on the market;

h) Decide forest price brackets for their provinces;

i) Conduct research and apply advanced science technology to forestry in their provinces;

k) Disseminate and educate law on forestry in their provinces;

l) Mobilize forces, materials, vehicles and equipment of organizations, households and individuals in their provinces to respond to forest fire emergencies within their competence;

m) Carry out inspections and take actions against violations; settle complaints related to forestry.

2. Responsibilities of People’s Committees of districts:

a) Issue within their power or request competent state authorities to issue legislative documents on forestry, make decisions on sustainable forestry development programs or projects in their districts;

Mangroves for Nature, Humans and Development, VIET NAM – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 7

b) Implement legislative documents on forestry and sustainable forestry development programs or projects;

c) Classify forests and demarcate types of forests;

d) Allocate, lease out, repurpose or appropriate forest of households, individuals and communities; prepare documents on forest management; organize replacement afforestation;

dd) Pursue investigation, do forest stocktaking and inspect forest development;

e) Manage and protect forests, conserve forest biodiversity and ensure forest fires safety;

g) Disseminate and educate law on forestry;

h) Direct People’s Committees of communes to conceive projects on land/forest allocation for forest area that has not been allocated or leased out;

i) Carry out inspections and take actions against violations; settle complaints related to forestry in their districts.

3. Responsibilities of People’s Committees of communes:

a) Issue within their power or request competent state authorities to issue legislative documents on forestry; make decisions on sustainable forestry development programs or projects, combined forestry-agricultural-fishery production, shifting cultivation and apply to their communes;

b) Manage forest area and boundaries; verify applications for land allocation/lease submitted by organizations, households, individuals and communities;

c) Manage and protect forest area that the State has not allocated or leased out;

d) Do forest stocktaking in their communes;

dd) Instruct communities to develop and comply with local community rules on forest protection and development in their communes in compliance with regulations of law;

e) Carry out fire safety activities; respond to violations against regulations of forestry; take actions against violations, settle complaints related to forestry in their communes.

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4. Chairpersons of People’s Committees shall take responsibilities for any forest fires, deforestation or forest loss caused by violations against regulations of law on forest management or protection under their management.”

Are there mechanisms for cross

agency coordination?

Yes

- Working regulation of the Government specified under the Decree No. 138/2016/ND-CP of 1

October 2016

- Regulation on forest management (under Decree 156/2018/ND-CP of 16 November 2018,

Chapter II)

- Regulation on special-use forest management (Decree 156/2018/ND-CP of 16 November 2018,

Chapter II, Section 2)

- Regulation on protection forest management (under Decree 156/2018/ND-CP of 16 November

2018, Chapter II, Section 3)

- Regulation on production forest management (under Decree 156/2018/ND-CP of 16 November

2018, Chapter II, Section 4)

What is the decision making process

for activities related to mangroves?

Since responsibilities over mangrove management scatters over various ministries and their agencies,

There is no such thing like a sole and standardized decision-making process for activities related to

mangroves. But, how decisions are taken depends on the different ministries having a stake in

mangroves and their local setups in the different localities. In general, at subnational levels the

People’s Committees are mandated to take decision related to mangroves within their jurisdictions.

Is there guidance for cost benefit

analysis?

- Pilot on benefit sharing in management, protection, and sustainable development of special-use

forests (under Decision 126/QD-TTg of 2 February 2012)

- Pilot on benefit sharing from REDD+ within the UN-REDD program implementation Phase II (under

Decision 5399/QD-BNN-TCLN of 25 December 2015)

- Management of the access to genetic resources and benefit sharing arising from using of genetic

resources (under Decree 59/2017/ND-CP of 12 May 2017)

Mangroves for Nature, Humans and Development, VIET NAM – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 9

At what level are decisions made

(local, regional, national)?

Most decisions with an immediate impact on mangroves are taken locally (province, district,

commune/ward) but must be in compliance with national legal provisions and national/regional

planning targets (land-use planning, biodiversity protection planning, forestry planning, etc.).

What are the mechanisms for

monitoring and review?

Regulation on monitoring and assessment of public investments (Government’s Decree No. 84/2015/ND-CP of 30 September 2015). It prescribes regulation on the monitoring and assessment of the following projects: projects funded by state budget (Chapter II), PPP projects (Chapter III), and projects funded by other capital sources (Chapter IV). - Article 45: “Responsibility for overall monitoring and assessment of investments:

1. Investment authorities shall carry out overall assessment, monitoring, and inspection of investment within the scope of their management.

2. Specialized authorities shall carry out overall assessment, monitoring, and inspection of investment in the fields under their management.

3. Investment registration authorities shall carry out overall assessment, monitoring, and inspection of investment within the scope of their management.

4. State-owned enterprises whose over 50% of charter capital is held by the State shall carry out overall assessment, monitoring, and inspection of their own investment.”

Permitting and planning regulations

Are there Environmental Impact

Assessment requirements when it

comes to projects in mangrove areas?

Law on Environmental Protection, 2014

- Article 18(1): Projects subject to EIA

“a) Projects subject to the decision on investment intentions made by the National Assembly,

Government and the Prime Minister;

b) Projects that use land parcels situated in wildlife sanctuaries, national parks, historical – cultural

monuments, world heritage sites, biosphere reserves, scenic beauty areas that have been ranked;

c) Projects that can cause bad effects on the environment.”

Decree 18/2015/ND-CP of 14 February 2015 (Chapter IV), as amended in 2019 by Decree No.

40/2019/ND-CP of 13 May 2019 (Article 1)

Mangroves for Nature, Humans and Development, VIET NAM – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 10

Is it necessary to obtain a permit to

conduct such projects and if yes what

is the process?

Law on Environmental Protection, 2014

- Article 19: the EIA shall be conducted by the owner of the project or an organization hired by him,

at the preparatory stage of the project and shall consist in a report.

- Article 21: they have to consult with “regulatory agencies, organizations and communities that are

directly affected by the project.”

- Article 23: the reports are verified whether by the MoNRE (important and inter provincial

projects), by the ministries agencies, the MNDMPS or the Provincial People’s Committees

- Article 25 : Within the 20 days following the reception of the report, the authority accepts or

rejects the project. If it is rejected, the decision must be justified. The acceptance is followed by

the accordance of a permit or authorization.

Are there planning laws related to

mangroves?

Yes

1. Land-use planning (Land Law, 2013 as amended in 2018 by Law 35/2018/QH14)

- Article 38: “a national land-use planning must include information related to the determination of

the land areas for protection forest, land for special-use forest, land for production forest.”

2. Forestry planning (Forestry Law, 2017) - Article 10: “Forestry planning must be conducted in compliance with national master plans,

national land-use planning, national forest development strategies and national biodiversity

strategies.”

3. Environmental protection planning (Environmental Protection Law, 2014)

- Article 8 (2): Planning for environmental protection involves two levels, national and provincial. - Article 9: Information related to biodiversity and forest conservation, and environmental

management of sea, islands and river basins must be included in the planning for environmental protection. 4. Biodiversity conservation plans (Biodiversity Law, 2008 as amended in 2018 by Law

35/2018/QH14)

Mangroves for Nature, Humans and Development, VIET NAM – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 11

- Article 8: A master plan on biodiversity conservation must be developed in line with

environmental protection strategies and biodiversity conservation strategies in the same period,

environmental protection planning.

5. Water resource planning (Law on Water Resources, 2012 as amended in 2018 by Law

35/2018/QH14)

- Article 16: Water resource planning must be developed in accordance with water source survey

results to ensure the comprehensiveness of surface water and groundwater, and the harmonious

allocation of water use interests.

6. Wetland planning (Decree No. 109/2003/ND-CP)

- Article 10: Planning on wetlands must comply with the demands for the conservation and

sustainable development of wetlands, the Ramsar Convention; and the functions of maintaining

ecological balance, water sources and biodiversity.

7. Master plan for the exploitation and sustainable use of natural resources in coastal zones

(Decree 40/2016/ND-CP of 15 May 2016, Circular 74/2017/TT-BTNMT of 29 December 2017)

- Article 9: A master plan for the exploitation and sustainable use of natural resources in coastal

zones must take into account the survey data and information collected regarding mangrove

forests.

Mangrove legislation

Is there a legislation specifically

addressing the use or the alteration of

mangroves?

No

Sectoral laws

What provisions of the forest

legislation apply to mangroves?

Forestry Law, 2017

Decree 156/2018/ND-CP dated 16 November 2018 of the Government detailing the implementation

of a number of articles of the Forestry Law

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Circular 28/2018/TT-BNNPTNT of 16 November 2018 providing regulation on sustainable

management of the forests

What provisions of the marine or

coastal legislation apply to

mangroves?

Law on Natural Resources and Environment of Sea and Islands, 2015

Decree No. 119/2016/ND-CP of 23 August 2016 providing state policies on sustainable management,

protection, and development of coastal forests to scope with climate change

What provisions of the protected

areas legislation apply to mangroves?

Forestry Law, 2017 (Chapter IV – uses of forests)

Biodiversity Law, 2008 (Chapter III, section 1 – conservation areas)

Decree 26/2019/ND-CP of 8 March 2019 (Chapter II, Section 3 – regulation on marine conservation

zones management)

Law on Fisheries, 2017 - Article 7 (4): Any activities effecting the living environment and aquatic resources in strictly

protected zones and ecological restoration zones of marine conservation zones is not allowed. - Article 7 (5): Illegal operating of fishing ships and seagoing vessels in strictly protected areas of

marine conservation zones is subject to heavy sanctions.

What provisions of water and

wetlands legislation apply to

mangroves?

Biodiversity Law, 2008 (Chapter III, Article 34, 35)

Decree No. 109/2003/ND-CP of 23 September 2003 providing regulation on conservation and

sustainable development of wetland areas

Circular No. 18/2004/TT-BTNMT of 23 August 2004 providing guidance for the implementation of

the Decree No. 109/2003/ND-CP of 23 September 2003 providing regulation on conservation and

sustainable development of wetland areas

What provisions of biodiversity

legislation apply to mangroves?

Biodiversity Law, 2008

Industry laws

What provisions of fisheries legislation

apply to mangroves? Law on Fisheries, 2017

Mangroves for Nature, Humans and Development, VIET NAM – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 13

- Article 7 (4): Any activities effecting the living environment and aquatic resources in strictly

protected zones and ecological restoration zones of marine conservation zones is not allowed.

Article 7 (3): Encroaching, occupying or damaging aquatic resource protection zones and marine

conservation zones is forbidden.

Issues related to the management of aquatic resources and aquatic ecosystem in special-use forests, protection forests, and wetland conservations are specified in Article 18 and 19 of this Law. - Article 19: “Any project on the establishment of wetland conservation areas must obtain a permit

issued by the Ministry of Agriculture and Rural Development.”

What type of regulation applies to

protect mangroves from aquaculture

conversion?

Law on Environmental Protection, 2014

- Article 71(6): “Mangrove forests are not destroyed to serve aquaculture.”

- Article 71(4)(b): “The environment is remedied after aquaculture is terminated”

What provisions of the agriculture

legislation apply to mangroves? Land Law, 2013 (Chapter 10, Section 2 – Agricultural land)

What provisions of mining legislation

apply to mangroves? Mineral Law, 2010

Land tenure

What type of land tenure apply to

mangroves?

State owned (leases,

concessions…)

Legally, still, all land is owned by the state who transfers long-term land-use

rights to individuals, organizations and communities.

Constitution, 2013

- Article 54.2: “The State shall allocate or lease land to, and recognize land use rights of, organizations and individuals. Land users may transfer land use rights, exercise their rights, and perform their obligations in accordance with law. Land use rights shall be protected by law.”

Land Law, 2013

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- Article 4: “Land belongs to the entire people with the State acting as the

owner’s representative and uniformly managing land. The State shall hand

over land use rights to land users in accordance with the Law.”

- Article 5.1: The State authorizes land use rights of land users through land

allocation, land lease, and recognition and management of land use.

Forestry Law, 2017

- Article 7: “Organizations, households, individuals, and communities and are

forest owners of planted protection forests in which they have invested, or

which have been transferred, donated or inherited from other forest

owners, while the state owns natural forests, plantation forests fully

invested by the state, and plantation forests taken back by the state,

donated or transferred to other plantation owners.”

- Article 17: “The State shall lease natural production forests or planted production forests with lump-sum or annual rent to business entities, households, and individuals for forestry production; combined forestry-agricultural-fishery production; or trade in ecotourism, hospitality or entertainment.”

Privately owned (are

there restrictions?) Full (private) ownership transfer does legally not exist.

Community management

Are there customary or community

legal systems? How does the system work?

In the former time (pre-colonial era), “customary rules” or “custom”

was known as a supplementary source of law to fulfil the gaps of law.

Custom was only applied when there was no relevant provision of law

were not allowed to contradict with the law terms. Today, customary

rules are recognized by the State with legal value to conduct and

Mangroves for Nature, Humans and Development, VIET NAM – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 15

ensure the implementation of state laws. They are considered as a

secondary source of law in Vietnam’s legal system as they have been in

some legal documents (i.e. Civil Code of 2015).

Recognized in statutory law

Civil Code, 2015

- Article 5 (2): “Customary practices may be applied in the cases where it is neither provided for by a law nor agreed upon by the parties, but they must not contravene the basic principles of the Civil Code.”

- Article 175: “Boundaries may also be determined in accordance with customary practice or according to boundaries which have existed for thirty (30) or more years without dispute.”

- Article 208: “Multiple ownership rights shall be created as agreed by the owners or in accordance with provisions of the law or in accordance with customary practice.”

Not recognized in statutory

law

Land Law, 2013

- Article 26: “the State does not recognize the reclaim of land which

has been allocated to others (to also mean individuals, households,

groups or villages) in accordance with the State’s regulations in the

process of implementing the land policy of the State of the

Democratic Republic of Vietnam, the Provisional Revolutionary

Government of the Republic of Vietnam or the State of the Republic

of Vietnam. Hence all laws that existed in Vietnam prior to the

unification of Vietnam in 1976 following the end of the American

War and the establishment of the Socialist Republic of Vietnam

were rendered null and void after that date.”

Can communities hold rights to

manage mangroves? Legislation

Yes

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Land Law, 2013

- Article 5. legally recognizes community-based ownership of land

(land use title): “communities, including Vietnamese communities

residing in the same village, street quarter or similar residential

area sharing the same customs and practices or the same family

line.”

Forestry Law, 2017 - Article 7: “Communities, households, individuals, and organizations

are forest owners of planted protection forests in which they have invested, or which have been transferred, donated or inherited from other forest owners, while the state owns natural forests, plantation forests fully invested by the state, and plantation forests taken back by the state, donated or transferred to other plantation owners.”

- Article 86 (2): “communities may not transfer, lease, or donate their forest use rights, as well as to mortgage or contribute capital by the value of forest use rights.”

Agreement

Land Law, 2013

- Article 58 (1): For projects using more than 20 ha. of protection forest land, or special-use forest land for other purposes, it is required to obtain written approval from the Prime Minister.

- Article 16: The contracts require State Forest Companies and Management Boards to provide forest protection (or sometimes planting fees) for households. The contracts are usually for one-year renewable periods and the agencies pay forest protection fees to the households in exchange for the labor spent on forest protection.

- Article 14 (7): Forest allocation, leasing, repurposing, and appropriation must ensure transparency with the participation of

Mangroves for Nature, Humans and Development, VIET NAM – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 17

local people, and no discrimination against religions, beliefs or genders when allocating or leasing forests.

- Article 14 (8): the Vietnamese Government gives priority to ethnic minorities, households, individuals, and communities that have local community rules, traditional customs, culture or beliefs associated with forests.

Economic regulations

Are some investment law provisions

relevant to mangroves?

Law on Investment, 2014

- Article 30: “1. Projects that have significant effects on the environment or potentially have seriously affect the environment, including … b) Projects that change purposes of land in national parks, wildlife sanctuaries, landscape sanctuaries, experimental forests of 50 hectares or larger; headwaters protective forests of 50 hectares or larger; protection forests meant for protection against wind, sand, waves, land reclamation, environmental protection of 500 hectares or larger, production forests of 1,000 hectares or greater.”

Are there financial incentives that

could apply to

conservation/restoration of

mangroves?

Biodiversity Law, 2008

- Article 74: “1. Organizations and individuals using environmental services related to biodiversity

shall pay charges to service providers.”

Decree 156/2018/ND-CP of 16 November 2018 regarding use of forest environment service charges

- Article 70 (1): The Vietnam Forest Protection and Development Fund may use maximum 0.5% of total forest environmental service charge for expenditure on operation of the fund machine. Expenditures on operations of the fund include recurrent expenditure (e.g payment of wages, payment for public services, expenditures on meetings and conferences) and non-recurrent expenditures (including financial assistance in preparation of sustainable management plans and issuance of forest certificates).

- Article 70 (2): The provincial Forest Protection and Development Funds may use maximum 10% of total forest environmental service charge for expenditure on operation of the fund machine. Expenditures on operations of the fund include recurrent expenditure (e.g. payment of salary,

Mangroves for Nature, Humans and Development, VIET NAM – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 18

salary-based allowances and contributions to members of the Fund Operation Board) and non-recurrent expenditures (including financial assistance in preparation of sustainable management plans and issuance of forest certificates). Maximum 5% of total forest environmental service charge amount collected annually shall be deducted for support to family households, individuals and communities with forests allocated or contracted for stable and permanent protection in case of natural disasters or droughts.

- Article 70 (3): Use forest environmental service charges by forest owners: a) Forest owners that are family households, individuals and communities may wholly use forest

environmental service charges for the purpose of protecting and developing forests and raising their living standard.

b) Forest owners that are enterprises may manage and use forest environmental service charges which are considered their revenue as per law provisions on finance applied to enterprises.

c) Forest owners that are organizations not specified in Point b Clause 3 Article 70 mentioned above and do not enter into lump-sum contracts for forest protection or only have a part of forest area protected under lump-sum contracts may wholly use the forest environmental service charges for forest protection and development purpose, including preparation and implementation of plans for sustainable forest management.

d) Forest owners that are organizations specified in Point c Clause 3 Article 70 mentioned above and enter into lump-sum contracts for forest protection with family households, individuals or communities may deduct 10% of forest environmental service charges for forest area under the protection contracts mentioned above for the purpose of managing forests with forest environmental service provision, including construction of bio-forestry works and technical works serving forest protection and development.

Law on Environmental Protection, 2014 (Chapter VII)

- Article 151: “the Vietnamese Government provides fiscal incentives and supports for organizations

and individuals carrying out or intending to carry out investment projects on environmental

protection activities.”

Decision No. 78/2014/QD-TTg of 26 December 2014

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- Organizations and individuals involving programs, projects, and activities related to environmental

protection and climate change adaptation may apply for funds with preferential interest rates

from the Vietnam Environment Protection Fund (Article 2.2).

Decree No. 119/2016/ND-CP of 23 August 2016 providing state policies on sustainable management,

protection, and development of coastal forests to scope with climate change

- Organizations, households and individuals living in coastal communes and to protect forests, or

regenerate coastal forests under contractual basis are entitled to receive a fiscal support from the

government with a rate of VND 4.000.000 per hectare for a duration of 5 years (average amount is

VND 800.000/hectare/year (Article 4, 5, and 9).

Are there codes of conduct or other

non-binding guidance instruments?

Industry codes of conducts

Government/NGOs codes of

conducts

Are there certification systems for

sustainable products/practices (ex:

shrimp)?

Law on Environmental Protection, 2014

- Approved of strategic environmental assessment report (Section 2, Chapter II)

- Approved of environmental impact assessment report (Section 3, Chapter II)

- Approved environmental protection plan (Section 4, Chapter II)

- Plans for prevention and response to marine and island environmental incidents (Article 51)

- Plans for prevention and response to environmental incidents (Section 3, Chapter X)

Forestry Law, 2017

- Certificate of sustainable forest managemnt (Article 28)

- Approved forest management plan (Article 65)

Restoration provisions

Is there any provision addressing the

restoration of mangroves?

Law on Environmental Protection, 2014

- Article 37 (3): “In course of basic survey, exploration, extraction and utilization of natural resources, interested organizations and individuals must hold the responsibility for fulfilling the

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requirements for environmental protection and carry out the environmental restoration in accordance with this Law and other relevant laws.”

- Article 38 (2): Organizations and individuals carrying out activities related to exploration, extraction, or processing of minerals must have a plan for restoration of the environment and make an environmental restoration deposit in accordance with laws.

- Article 71(4)(b): “The environment is remedied after aquaculture is terminated”

- Article 58 (2): “Facilities using groundwater are responsible for environmental restoration at their

prospecting and extracting sites.”

Decree 119/2016/ND-CP of 23 August 2016

- Article 6: The Vietnamese Government encourages private sector carrying out activities related to protection, development and use of coastal forests; including restoration of coastal mangrove forests.

What are the legal requirements for

restoration projects?

Law on Environmental Protection, 2014 (Section 2 and 3, Chapter X)

- Article 107: “1. Organizations and individuals subject to environmental restoration requirements

are required to do the following:

a) Obtain a feasible plan for environmental restoration and remediation when executing projects likely cause environmental pollution;

b) Apply measures for pollution reduction and environmental improvement when causing environmental pollution.”

- Article 112: “1. Any entity that causes an environmental emergency is obliged to:

a) Comply with the requests of environment authorities during the investigations to determine the pollution scale, levels, and remedial measures.

b) Immediately take measures to prevent the pollution sources, stop the pollution from spreading and affecting local people’s health;

c) Take measures for pollution reduction environmental remediation at the request of environment authorities.

d) Pay damages in accordance with this Law and relevant regulations;

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dd) Submit reports on environmental emergency response and environmental remediation to

environment authorities.”

Dispute resolution

What is the process in resolving

disputes related to mangroves?

Law on Environmental Protection, 2014 (Chapter XVIII)

- Article 162: “1. Organizations, individuals are entitled to file a complaint and lawsuit against any

breach of environmental protection in accordance with the law.

2. Individuals are entitled to report any breach of environmental protection to the authorities according to the law on claims and denunciations.

3. Time limit for filing a lawsuit over environment shall begin when the aggrieved individual’s detection of the damage caused by the breach of environmental protection regulations by other organizations, individuals.”

Law on Environmental Protection, 2014 (Chapter I, IV, IX)

- Article 117 (1): “When wishing to institute an administrative lawsuit, an agency, organization or individual shall make a lawsuit petition under Article 118 of this Law.”

- Article 119: “Plaintiffs shall send their lawsuit petitions and enclosed documents and evidences to the court that has jurisdiction to settle cases by any of the following modes: (a) direct filing at court; (b) sending by post; or (c) sending through the court’s e-portal (if any)”

- Article 121: “The court shall receive lawsuit petitions filed directly at its petition-receiving unit or sent by post by plaintiffs and shall record them in the petition register. If receiving a petition sent online, the court shall print it out and record it in the petition register. Within 3 working days after receiving a lawsuit petition, the chief justice of the court shall assign a judge to examine it.

- Article 125 (1): “After receiving the lawsuit petition and enclosed documents and evidences, if finding that the case falls under the jurisdiction of the court, the assigned judge shall notify such to the plaintiff for payment of legal cost advance. In case the plaintiff is exempt from, or not required to pay, legal cost advance, the assigned judge shall notify the plaintiff of the acceptance of the case. Within 10 days after receiving a notice of legal cost advance payment, the plaintiff shall pay the legal cost advance and produce the legal cost advance receipt to the court.”

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- Article 126 (1): “Within 3 working days after accepting a case, the judge who has accepted such case shall notify in writing the defendant and persons with interests and obligations related to the settlement of the case and the same-level procuracy of the court’s acceptance of the case and publicly notify it on the court’s e-portal (if any).

What are the sanctions?

Decree No. 155/2016/ND-CP dated 18 November 2016 of the Government providing regulation on

administrative sanctions in the field of environment

- Article 12 (5dd): “Activities related to destroying mangrove forests for aquaculture purpose are

subject to a fine ranging from VND 50.000.000 to VND 100.000.000.

- Article 27 (3): “Operating activities in nature conservations, mangrove forests, or marine natural heritages in contravention of regulations of the management boards thereof, regulations of the law on environmental protection and other relevant laws are subject to a fine ranging from VND 80.000.000 to VND 150.000.000.”

Decree 35/2019/ND-CP of 25 April 2019 of the Government providing regulation on administrative sanctions in the field of forestry

- Article 16 (5) (g): Any activities involved in discharging wastes, toxic chemicals, explosives, or inflammable substances into the forests are subject to a fine ranging from VND 1,500,000 (USD 65) to VND 3,000,000 (USD 130) and could be forced to remove these substances from the forest.

- Article 9: Industrial producers using water resources and facilities generating a large amount of GHG emissions that fail to sign a contract with the FES providers (i.e. forest owners) and pay for FES after 3 months since the using date of FES are subject to heavy fines up to VND 50,000,000 (US $ 2,170) and being forced to pay for a full amount of FES including interest incurred.

Criminal Code, 2015 - Article 232: Violations of the forest management legislation could be subject to certain sanctions

and fines and/or criminal sanctions.

National legislation

1799 English Decision No. 158/2008/QD-TTg approving the national target program on response to climate change

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Biodiversity law Order No. 18/2008/L-CTN on the promulgation of the Law on Biodiversity

civil code Civil Code

Constitution Constitution of the Socialist Republic of Vietnam

Decision No. 2242_QD-TTg 2014 management of exploitation of timber of natural forest 2014 2020

Decision No. 2242/QD-TTg dated 11 December, 2014, approving the scheme for strengthening the management of exploitation of timber of natural forest for the period 2014 – 2020

Decree 36_2017_ND-CP functions tasks powers organizational structure Ministry of Natural Resources

Decree defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment

Decree 40_2016_ND-CP detailing implementation Law resources environment of sea islands

Decree No. 40/2016/ND-CP dated May 15, 2016, detailing the implementation of certain articles of the Law on resources and environment of sea and islands

Decree 99 on PFES Decree No. 99/2010/ND-CP on the policy on payment for forest environment services

Decree 154_2016_ND-CP environmental protection fee on wastewater

Decree No. 154/2016/ND-CP November 16, 2016, on environmental protection fee on wastewater

Decree 155_2016_ND-CP Decree No. 155/2016/ND-CP dated November 18, 2016, penalties for administrative violations against regulations on environmental protection

Decree No. 157_2013_NĐ-CP penalties for administrative violations against regulations on forest mana

Decree No. 157/2013/NĐ-CP dated November 11, 2013, on penalties for administrative violations against regulations on forest management, development, protection and forest product management

Decree of the Government promulgation of regulation governing marine protected areas

Decree No, 57/2008/ND-CP promulgating the Regulation on management of Viet Nam’s marine reserves of national and international importance

Land law Land Law No. 45/2013/QH13

Law 08_2017_QH14 on irrigation Law No. 08/2017/QH14 dated June 19, 2017, on irrigation

Law on Environment Protection Law on Environmental Protection No. 55/2014/QH13

Law on fisheries Law on Fisheries 18/2017/QH14

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Law on forest protection and development

Law on Forest Protection and Development

Law on promulgation of legislative documents

The Law prescribes principles, authority, and procedures for formulating and promulgating of legislative documents, as well as responsibilities of regulatory agencies, organizations, and individuals involved in formulating legal documents.

Luật Lâm Nghiệp 2017 – Law On Forestry 2017

The Law prescribes regulations on the management, protection, development and use of forests; regulation on processing and trade of forest products; and regulation on forestry planning.

Mineral Law Order No. 17/2010/L-CTN on the promulgation of the Mineral Law

Nghị định 119_2016_NĐ-CP quản lý bảo vệ phát triển bền vững rừng ven biển biến đổi khí hậu 2016

The Decree prescribes certain policies on sustainable management, protection and development of coastal forests to cope with climate change.

Nghị định 156_2018_NĐ-CP quy định chi tiết thi hành Luật Lâm nghiệp

The Decree provides guidance for the implementation of a number of articles of the Law on Forestry. In particular, the Decree prescribes regulation on criteria for forest determination and classification, regulation on forest management; regulation on land allocation or lease for production purpose, conversion of forest types, forest repurposing and forest appropriation; regulation on payers and methods for payment and cost of forest environmental services; and organizational structures and mechanism for management and financial resource use of forest development and protection funds.

Resolution 142_2016_QH13 5 year socio economic development plan 2016 2020

The Resolution prescribes the five-year socio-economic development plan for the period of 2016 – 2020, including the achievement and limitation of the previous plan (namely the five-year socio-economic development plan from 2011 – 2015).

Circular_74-2017-TT-BTNMT-2

VanBanGoc_Luat 35.2018.QH14 (PDF) The Circular prescribes technical regulations on establishing of the master plan on exploitation, and sustainable use of coastal resources

vie40283 Decree No. 109/2003/ND-CP on the conservation and sustainable development of submerged areas

vie48717 Circular No. 18/2004/TT-BTNMT guiding the implementation of the Government's Decree No. 109/2003/ND-CP on the conservation and sustainable development of submerged areas

vie117928 Law No. 17/2012/QH13 on Water Resources

vie168510 Decree No. 18/2015/ND-CP prescribing environmental protection master plan, strategic environmental assessment, environmental impact assessment and environmental protection plan

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vie168538 Circular No. 27/2015/TT-BTNMT on strategic environmental assessment, environmental impact assessment, and environmental protection plans

Additional information: the investment projects that don’t fall under the scope of an EIA still require the formulation of an environmental protection plan (section 4 – Law on Environmental Protection)