Circular 13/tt-2013/bnnptnt: Regulations For Establishment And Management Of The Provincial Marine Protected Areas

Original Language Title: Thông tư 29/2013/TT-BNNPTNT: Quy định thành lập và quản lý khu bảo tồn biển cấp tỉnh

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Regulations for establishment and management of the provincial marine protected areas _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 01/2008/ND-CP on January 3, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development; Decree 74/2009/ND-CP on 10 September, 2009 on the amendment of article 3 of the Decree 1/2008/ND-CP of March 1, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;
Pursuant to Decree No. 57/2008/ND-CP on 10 March 2008, the Government issued a regulation on the management of marine protected areas of national importance to Vietnam, international;
Pursuant to Decree 65/2010/ND-CP dated 11 June 2010 the Government detailing and guiding the implementation of some articles of the law on biological diversity;
At the suggestion of the General Director of the Bureau of fisheries;
The Minister of agriculture and rural development of circular provisions enacted to establish and manage marine protected areas.
Chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the establishment and management of marine protected areas, central cities (hereafter referred to collectively as the provincial marine protected areas).
Article 2.  The object that applies to this circular apply to organizations and individuals in the country; organizations, foreign individuals are related to the establishment and management of MPAs.
Article 3. The criteria established provincial marine protected areas marine protected areas are classified as provincial protected areas species, b. scene; Biosphere reserve of aquatic natural resources.
1. species conservation, born scenes meet the following criteria: a) is the sea area have one or more species, aquatic plants, rare, endangered, in need of protection; There are the typical ecosystem intact, or at least human impact, needs to be managed, protected, preserved;
b) Is valuable sea areas about ecology, environmental response serves the purpose of scientific research, education, travel, vacation packages.
2. natural resource reserves aquatic meet the following criteria: a) is the sea area has the typical ecosystem, Habitat or feeding of many aquatic animals; There the lay or focus areas of aquatic species that have not yet matured; same source complement the adjacent waters;
b) Is valuable sea areas about ecology, environmental response serves the purpose of scientific research, education, travel, vacation packages.
Chapter II ESTABLISHMENT of the PROVINCIAL MARINE PROTECTED AREAS article 4. Content of the project established provincial marine protected areas 1. Based on the planned Vietnam marine protected areas system has been approved, the Department of agriculture and rural development to conduct construction project established provincial marine protected areas.
2. Content of the project include: a) purpose of conservation of seafood resources; to meet the criteria defined in article 3 of this circular;
b) the reality of natural ecosystems, the species of the endangered species list, precious, rare are the priority protection; environmental landscape;
c) excerpts map, geographic location, area, each subdivision boundary function is expected to establish the sanctuary; the steady approach to life or relocating households, individuals out of the expected establishment of protected areas;
d) Organization to manage the reserve;
DD) draft regulation protected areas management;
e) solutions, implementation approach.
Article 5. Project appraisal and decided to set up provincial marine protected areas the Department of agriculture and rural development, please send comments to the Ministry of agriculture and rural development, on the content of the project; After obtaining the opinion of the Ministry of agriculture and rural development, the Department of agriculture and rural development, send the project established provincial marine protected areas to provincial people's Committee review, the Organization authority.
1. send resume to suggest evaluation project include: a) the Newspaper suggested the project appraisal to establish marine protected areas;
b) draft decision on establishment of marine protected areas;
c) project to establish MPAs with the contents specified in article 4 of this circular;
d) survey results current status of biodiversity, scientific research; the planning map of conservation zone; planning the functional areas conservation area;
DD) text approved by Ministry of agriculture and rural development; a synthesis of opinions of departments, sectors, social people's Committee where the expected establishment of protected areas or adjacent to the MPAs.
2. Evaluation Board composed of at least 7 members as leaders of the provincial people's Committee Chairman; the Member is the leader of the Department of agriculture and rural development, resources and the environment, the culture-sport-tourism, planning and investment, finance, representatives from the people's Committee of the district level, where the expected establishment of protected areas.
3. content appraisal: a) the need to establish marine protected areas; the audience and the objective of conservation;
b) degree meets the criteria established in the reserve;
c) geographical location; the boundary and the area of the sanctuary; an area of the functional areas of the sanctuary;
d) solution, projects implementation;
DD) reserve management regulations.           
4. Decides to establish the provincial marine protected areas provincial people's Committee considered, decided and approved regulations provincial marine protected areas.
Chapter III MANAGEMENT of MARINE PROTECTED AREAS section 1 MANAGEMENT of MARINE PROTECTED AREAS article 6. Establishment of the management of marine protected areas 1. Management of marine protected areas is business units, has legal personality, seal, open the account in accordance with the law and have to work.
2. Establishment of marine protected areas Management Board Chairman of the provincial people's Committee decided to set up marine protected areas management in the range is assigned to manage.
3. Organization structure: the management of marine protected areas can have the following room: a) media room and community development;
b) scientific research;
c) Office;
d) team, control.
In addition, based on the specific conditions of each sanctuary, the structure of the management of the reserve can be added one or several subdivisions such as: environmental education center; The Center for eco-tourism and environmental services; Base rescue aquatic plants.
For the protected area under the provisions of the law on biological diversity, by the provincial PEOPLE'S COMMITTEE of management including marine conservation component, the management of protected areas that need additional functions, duties and establishment of the Department to manage marine conservation.  
4. duties and powers of the management of marine protected areas are specified in the regulations of the marine protected areas.
5. Financial resources of marine protected areas; management, use of marine protected areas is applied under article 10; Article 11 the provisions of Decree No. 57/2008/ND-CP dated February 12, 2008 the Government managed marine protected areas of national importance, international.
Item 2 ACTIVITIES in MARINE PROTECTED AREAS article 7. Protect and restore the ecosystem objectives 1. Investigate the current state of the ecosystems (coral reefs, sea grass) in the reserve, created original records to track the volatility of ecosystems.
2. Collect and store information about the annual performance and happenings cause about an area, the quality of the ecosystems (coral reefs, sea grass).
3. Build Options, the project to preserve and restore the ecosystems have been lost or are degraded within the reserve.
4. testing, monitoring, promoting the implementation of the plan of conservation and restoration of ecosystems (coral reefs, sea grass) of the sanctuary.
Article 8. Development and protection of endangered species, precious, rare.
1. Investigation, research, retention of samples, data on the composition, distribution, biological characteristics of the aquatic species, rare risk of extinction are the priority protection in the reserve.
2. Follow and the cause of the precious, rare aquatic species at risk of extinction are the priority protection 3. Construction, process of approval, implementation of the plan to protect and develop aquatic species, rare risk of extinction are the priority protection in the reserve.
Article 9. Scientific research, education, awareness and practice in marine protected areas.
The organizations and individuals wishing to conduct research, teach and practice in marine protected areas to ensure the following rules: 1. Plan of scientific research, program awareness, media practice in the reserve is the reserve management agency approved.
2. Strictly the provisions of the reserve and subject to the specific instructions of the Board of management, the Organization was given the management of the reserve where the deployment of scientific research, teaching and practice.
3. Are only allowed to collect genetic samples of the species studied with the number identified in the research plan has been approved by the protected area management.
Article 10. Observation of biological diversity 1. Management of marine protected areas is responsible for self hosted or linked to the scientific authority to conduct monitoring of biodiversity in protected areas under the program, the approved plan of marine protected areas, subjects, methods, monitoring time is shown in detail in the monitoring plan.
2. monitoring object is the biodiversity of aquatic ecosystems, endangered species, precious, rare, priority protection.
3. monitoring results biological diversity include the sample, annual monitoring records are stored in protected area management committee and reported to the Department of agriculture and rural development management.
Article 11. Sightseeing and tours in the marine protected areas of interest activities, tourism in marine protected areas must comply with regulations marine protected areas and the current rules. Management of the reserve can organise sightseeing activities, tourism in protected areas under one or more of the following methods: 1. self organizing sightseeing tours;
2. Community support organization of sightseeing tours.
3. Links, joint venture with organizations, individuals in and outside the country made travel services operations.
Chapter IV

MANAGEMENT PLAN and REPORTING article 12. Management plan 1. Construction plan management of marine protected areas marine protected areas Management Committee has the responsibility to build a 5-year management plan and every year the Department of agriculture and rural development of the people's Committee of review, approval;
2. the basic content of the management plan include: a) the protection and recovery of aquatic ecosystems and endangered species, rare are the priority protection;
b) research, scientific experiments, including monitoring activities of biodiversity;
c) propaganda, education;
d) service and employers;
e) construction and finance.
Article 13. Report mode 1. Each year, the management of the reserve to report the current state of biodiversity, the management of the activities within the Department of Agriculture sent reserve and rural development, the provincial people's Committee.
2. report the status of biodiversity of the reserve must have the following principal contents: a) status, status of recovery plan recovery and the natural ecosystems in protected areas;
b) status and plans to preserve the species of precious, rare aquatic category priority protection in the reserve.
Chapter V IMPLEMENTATION article 14. Responsible for managing marine protected areas 1. The Directorate of fisheries a) instructions, check the establishment and implementation of the content provided in this circular;
b) organizing advocacy, dissemination of this circular for the Department of agriculture and rural development, the bodies, the unit concerned and the management of marine protected areas.
2. The Department of agriculture and rural development a) popular, monitor and evaluate the implementation of this circular in local.
b) direct the management of marine protected areas taken seriously to this circular.
c) annual report of the Ministry of agriculture and rural development, the provincial people's Committee in the management of the marine protected areas.
Article 15. Effective enforcement of this circular is effective from July 22, 2013.
With regard to the management of marine protected areas be established and put into operation before the signing the issued circular on will have to proceed to the reviewing, readjusting structure according to item 2, paragraph 3, article 6 of this circular.
During the implementation of the circular, if there are problems reported the Ministry of agriculture and rural development to adjust, modify, Supplement.