Topic law on natural heritage protection in quang ninh province

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Ho Chi Minh City, 2022

NATIONAL UNIVERSITY OF HO CHI MINH CITY

UNIVERSITY OF ECONOMICS AND LAW

PROTECTION IN QUANG NINH PROVINCE

Lecturer: Dr. Le Nguyen Gia Thien

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We hereby declare that the topic “Law on the protection of natural heritage in

Quang Ninh province” is the independent research work of my group under the

guidance of the subject advisor. The parts using references in the thesis have been clearly stated in the references section. The data and results presented in the thesis are completely honest and legal.

Ho Chi Minh City, 5 November, 2022.th

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TABLE OF CONTENT

1. The urgency of the topic...1

2. The research scope of the topic...2

3. Research questions...2

4. Research hypothesis...2

5. Research theory...3

6. Research Methodology...3

7. Meaning of the topic...3

8. Structure of the research...4

CHAPTER 1: OVERVIEW OF NATURAL HERITAGE AND LEGISLATION ON NATURAL HERITAGE PROTECTION...5

1.1. Common issues about natural heritage...5

1.1.1. The concept of natural heritage...5

1.1.2. Criteria for establishing and recognizing natural heritage in Vietnam according to the Law on Environmental Protection 2020....6

1.1.3.Criteria for establishment and recognition of world natural heritages in accordance with UNESCO regulations...7

1.1.4. Regulations on grouping, and zoning of natural heritage...8

1.1.4.1. Grouping of natural heritage...8

1.1.4.2. Hierarchy of natural heritage...8

1.1.4.3. Zoning of natural heritage...9

1.2. State management of natural heritage protection...10

1.2.1. Regulations on organization of management of natural

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1.2.2. Regulations on environmental protection of natural heritage

1.2.3. Handling of violations of the law on the protection of natural heritage and sanctions...14

1.2.4. New point in the regulation on the protection of natural heritage of the Law on Environmental Protection 2020...15

1.2.5. Inadequacies in regulations on the protection of natural heritage...16

CHAPTER 2: LAW PRACTICE ON THE PROTECTION OF NATURAL HERITAGE H A LONG BAY...18

2.1. Overview of the world natural heritage Ha Long Bay...18

2.2. Environmental situation in Ha Long Bay...19

2.2.1. Pollution sources from garbage...19

2.2.2. Pollution sources from domestic wastewater from cruise ships ...20

2.2.3. Pollution sources from industrial zones...21

2.3. Situation of implementation of environmental laws at the World Natural Heritage Site of Ha Long Bay...22

2.3.1. Heritage management and conservation policies in Quang

2.3.3. The shortcomings and causes in the management and conservation of Ha Long Bay...29

2.3.3.1. Objective reasons...29

2.3.3.2. Subjective reasons...30

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CHAPTER 3: SOLUTIONS TO PERFECT THE LAW AND IMPROVE THE MANAGEMENT AND PROTECTION OF NATURAL HERITAGE 32 3.1 Solutions to improve the law and improve the management and

protection of natural heritage...32

3.2. Solutions to improve the efficiency of law enforcement in the protection of the world natural heritage Ha Long Bay...33

LIST OF REFERENCES...37

1. Legal documents...37

2. Other documents...37

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1. The urgency of the topic

After many years of ups and downs trying to defend and develop the country, it is proud to say that Vietnam has a long history and a distinguished culture. It has been passed down to generations and to cultural and natural heritage in Vietnam.

In recent years, our world’s cultural and natural heritage has played an important role in building and renovating the country’s economy and social growth. The fact that it has been designated as a world heritage site has made a great reputation worldwide. Not only that, according to statistics, the number of tourists visiting places recognized as world heritage sites has increased rapidly, bringing many benefits to the country’s economy generally and to the region particularly. Its attraction has created a premise for the expansion of tourism and other activities around the world’s heritage sites. Because tourist growth at historic sites not only creates new jobs for thousands of local people nearby but also transforms the economic structure in certain areas, aiding in the development of cultural heritage sites. Many traditional crafts and cultural activities (intangible culture) have been recovered and promoted to serve tourists once again.

Following its designation as a world heritage site, heritage has received increased attention from all levels and sectors at the local and national levels, both domestically and overseas, for the protection and promotion of historic values. Vietnam’s heritages have been used to construct planning programs for value protection and promotion.

However, there are several restrictions on environmental preservation at natural heritage sites. Evidence suggests that an increasing number of articles and news stories are being published criticizing ignorant actions that cause damage to the natural heritage area that must be preserved, or concerning news about the need to implement a strict conservation regime for world heritage sites in Vietnam.

One of the current issues of concern is the environmental conservation of the global natural heritage of Ha Long Bay, one of Vietnam's UNESCO world heritage sites. When the growth of coastal urban areas, industrial parks, services, and seaports puts a strain on the ecosystem in Ha Long Bay. One of the factors affecting Ha Long’s environment is a lack of public knowledge, as well as poor infrastructure.

As a direct consequence, the authors decided on the topic “Law on natural heritage protection in Quang Ninh province” to conduct research on the current state of

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the environment and provide orientations and suggestions for practical solutions to overcome and tighten environmental management in this destination.

2. The research scope of the topic

Regarding space, the essay’s subject, Ha Long Bay, is a world heritage site; as a result, the information and findings will be centered on studying this region in Quang Ninh province.

Regarding time, the regulations on the protection of the natural heritage of the current environmental law and other relevant legal documents, thereby clarifying the implementation of legal provisions in practice.

3. Research questions

During their investigation, the authors raised a critical question about the topic: “Is

the Vietnamese legislation regulating the problem of environmental preservation ofnatural resources, particularly global natural heritage in Quang Ninh effective?”. To

clarify this issue, the authors submitted three different analysis research questions:

+ How are the concepts of natural heritage, and characteristics related toenvironmental protection of natural heritage by current Vietnamese law?

+ Has the law enforcement in the areas where there are natural heritagesaccording to the law effective?

+ What orientations and proposed solutions will be suitable for the naturalheritage environment in Vietnam at present?

4. Research hypothesis

In reality, the implementation of the legislation on natural heritage conservation in general, and Ha Long Bay heritage protection in particular, is still grossly insufficient.

To begin, considering the first point of view: “How is the notion of natural

heritage, and its characteristics, related to natural heritage environmental protection bycurrent Vietnamese law?” The writers concentrate on a broad study of the theoretical

underpinnings of natural heritage, namely the concept, features, and relevant legislation for natural heritage conservation. On that premise, the authors emphasize the significance of safeguarding natural heritage and offer regulatory ways to accomplish this goal.

Next, referring to the second point of view: “Has the law enforcement in the areas

where the natural heritage is located according to the law been effective?” The legal

basis in the first point of view is the basis to learn more about the quality of law enforcement on environmental protection of natural heritage. The writers assessed the legislative provisions and the effectiveness of this legit legislation nation for the conservation of natural heritage using research methodologies.

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Finally, returning to the third point of view, “What approaches and proposed

solutions would be adequate for the natural heritage environment in Vietnam atpresent?” After reviewing the legislative requirements, the writers identified the rules’

weaknesses and recommended some alternatives to strengthen the legislation on natural heritage conservation.

5. Research theory

At present, when the country is conducting industrialization and modernization, the protection of natural heritages, especially world heritages, is becoming more and more important. The appearance of the Law on Environmental Protection 2020, Decree No. 08/2022/ND-CP signed on January 10 , 2022, by the Government, Decree No.th 109/2017/ND-CP signed on September 21 , 2017 of the Government, Circularth 02/2022/TT-BTNMT, Official Letter No. 1225/BTNMT-TCMT has set out the purpose of concretizing the guidelines and policies of the Party and the State on protecting and promoting the values of natural heritages in the context that our country is promoting strong development. In addition, the thesis is researched based on close monitoring of statistics and data in the field of heritage environmental pollution to be able to collect possible instrumental information and draw correct conclusions. most correct.

6. Research Methodology

The research methodologies employed in the topic study:

Methods of information gathering: search, collect, and analyze information from available sources related to the research problem, such as laws and government decrees; regulations of central and local ministries and branches; theses; reports; and legal websites about the implementation of the law on the protection of natural heritage in our country in general, and Quang Ninh province in particular.

Methods of analysis and synthesis: in Chapters 1 and 2, methods are used to analyze the theoretical bases and legal provisions on the protection of natural heritage under current Vietnamese law, thereby discovering the limitations and causes of the problem and proposing appropriate solutions to address the shortcomings and inadequacies in natural heritage protection.

Statistical methods: statistical analysis, data analysis from Quang Ninh province authorities’ reports.

7. Meaning of the topic

Theoretically, explain the environmental legal requirements on natural heritage conservation and practice research, drawing lessons from practice on the execution of rules on natural heritage protection in Vietnam. Assessing the good elements as well as

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the limits of Vietnam’s legal framework for protecting the natural heritage of Quang Ninh province and giving ideas and solutions to strengthen the legal laws on research and development concerns.

In practical terms, the research results can serve the management and conservation of natural heritage; provides practical information, along with reference solutions for managers on the implementation of environmental protection laws from the practice of Quang Ninh province. In addition, the essay can be used as research and reference material.

8. Structure of the research

The structure of the document topic outside the introduction, the conclusion, and the list of references, the essay consists of 3 chapters:

Chapter 1: Overview of natural heritage and legislation on natural heritage protection.

Chapter 2: Law practice on the protection of world natural heritage Ha Long Bay. Chapter 3: Solutions to perfect the law and improve public management and protection of world natural heritage.

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NATURAL HERITAGE PROTECTION1.1. Common issues about natural heritage

1.1.1. The concept of natural heritage

According to Article 2 of the Convention for the Protection of the World Cultural and Natural Heritage, signed in 1972, there are provisions on objects considered natural heritages as follows:

“Natural features consisting of physical and biological formations or groups ofsuch formations, which are of outstanding universal value from the aesthetic or scientificpoint of view;

Geological and physiographical formations and precisely delineated areas thatconstitute the habitat of threatened species of animals and plants of outstanding universalvalue from the point of view of science or conservation;

Natural sites or precisely delineated natural areas of outstanding universal valuefrom the point of view of science, conservation or natural beauty.”1

For this Convention, the following shall be considered as “natural heritage”: Natural heritage is a concept often used to distinguish it from cultural heritage (including architectural monuments, historical sites, etc., created by a human impact). Natural heritage is not created by humans, people always play a decisive role in preserving and promoting its values. Depending on its exceptional international value in terms of science, conservation, or natural beauty, a natural heritage may be recognized by the United Nations Educational, Scientific and Cultural Organization (UNESCO) recognized as a world natural heritage.2

To ensure the consistency of a system, natural heritage is determined according to the provisions of Clauses 1, 2, Article 20 of the Law on Environmental Protection 2020 and Clauses 1, 2, 3, Article 19 of Decree No. 08/2022/ND-CP. The national system of natural heritage areas should be prioritized for management and conservation resources. In which the existing objects in practice are recognized, and things that are not listed in the current legal system are supplemented and stipulated. As follows:

Natural heritage is an object that has been established under other laws: National

parks, nature reserves, habitat/species management areas, landscape protected areas

1Clause 2, Convention concerning the Protection of the World Cultural and Natural Heritage,

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established in accordance with the law on biodiversity, forestry, and fisheries; landscapes recognized as cultural heritage established in accordance with the law on cultural heritage.3

Natural heritage sites recognized by international organizations: World natural

heritage; world biosphere reserve; global geopark; wetlands of international importance (the Ramsar site); The ASEAN Heritage Park (AHP) and the World Heritage Sites are recognized by international organizations.4

Other natural heritage is an area established and recognized according to the

provisions of Point c, Clause 1, 2, Article 20 of the Law on Environmental Protection and Clauses 1, 2, 3, Article 19 of Decree No. 08/2022/ND-CP. Accordingly, other natural heritages include the following three objects: biosphere reserves, geoparks, and other areas that meet one of the criteria specified in Clause 2, Article 20 of the Law on Environmental Protection 2020 and Clause 1, Article 19 of Decree No. 08/2022/ND-CP dated January 10 , 2022.th

Thus, the regulation of objects as natural heritage recognized by international organizations and other natural heritages, especially biosphere reserves and geoparks has contributed to completing the corridor juridical on the management and protection of these objects in current practice.

1.1.2. Criteria for establishing and recognizing natural heritage in Vietnamaccording to the Law on Environmental Protection 2020

Currently, Vietnam owns a large number of cultural and natural heritages nationwide. To improve the quality of each heritage to help bring the national heritage to the world, Clause 2, Article 20 of the Law on Environmental Protection 2020 has specified the criteria for establishing and recognizing natural heritages in Vietnam as follows:

First, they are of outstanding, unique, or exceptional natural beauty.

Second, to have typical value in ecological, biological evolution, or natural habitat

of endangered, precious, rare, endemic species or contain specific ecosystems, representing a natural eco-region or having other special biodiversity value to be conserved.

Third, to have outstanding features, unique in geology, and geomorphology, or

contain material traces of the development stages of the Earth.

3Point a, Clause 1, Article 20, Law on Environmental Protection in 2020, accessed on 5 Nov 2022.th

4Point b, Clause 1, Article 20, Law on Environmental Protection in 2020, accessed on 5 Nov 2022.th

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Fourth, they play a significantly important role in climate regulation, water

protection, ecological balance, and provision of ecosystem services.

In addition to the above criteria, the establishment and recognition of natural heritage must also be assessed according to the level of positive and meaningful impacts on communities, localities, countries, regions, and the globe.

1.1.3. Criteria for establishment and recognition of world natural heritages inaccordance with UNESCO regulations

A world heritage site is a landmark or area selected by the United Nations Educational, Scientific and Cultural Organization (UNESCO for short) of cultural, historical, scientific, or formal value, which has different meanings and is legally protected by international treaties. These sites are considered important for the collective interests of mankind.

A place can be a site, monument, or scenic spot of a country such as a forest, mountain range, lake, desert, building, architectural complex or city, etc., made by countries that are parties to the Convention World Heritage site nominated for the World Heritage Committee, recognized and managed by UNESCO. UNESCO will then catalog, name, and preserve culturally or naturally prominent sites for the common human heritage. Places inscribed on the World Heritage List may receive funds from the World Heritage Fund under certain conditions. This Commission was established by the Convention for the Protection of the World Cultural and Natural Heritage, the World Heritage Convention for short, which was accepted by the General Assembly of UNESCO on 16 November 1972. In the system of UNESCO’s title, world heritage is theth most prestigious and oldest title.5

To be inscribed on the World Heritage list, a property needs to meet one or more specific cultural or natural criteria and must demonstrate its intact or original values. Specifically, to be inscribed on the UNESCO World Heritage List, the property of that country must meet the cultural standards under the World Heritage convention approved by the UNESCO World Heritage Committee. check again. By 2005, this was revised to have only a set of 10 criteria, of which the first 6 are cultural heritage, and criteria 7 to 10 belong to natural heritage including the following criteria:6

5Nguyen Hoang Tuan, World heritage site in Viet Nam, accessed on 5th Nov 2022.

6Department of cultural heritage, 10 criteria for the outstanding global value of the World Cultural and Natural Heritage, accessed on 5th Nov 2022.

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First, outstanding patterns represent major periods of the earth’s history, including

the record of life, and significant ongoing geological processes in the development of landforms or other features of the significant geomorphological or topographical sites

Second, outstanding patterns represent ongoing ecological and biological processes

in the evolution and development of terrestrial, freshwater, coastal, and marine ecosystems and wildlife community plants.

Third, containing sublime natural phenomena or areas of the outstanding natural

beauty of aesthetic importance.

1.1.4. Regulations on grouping, and zoning of natural heritage

Grouping, decentralization, and zoning of natural heritages have been specified in Clauses 3, 4, 5, Article 21 of Decree No. 08/2022/ND-CP based on inheriting the current legal system and ensuring consistency across the country on the natural heritages according to the size, value, and importance to be protected to allocate investment resources to manage, protect and promote the value of the natural heritage for the sustainable development of the country.

1.1.4.1. Grouping of natural heritage

The groups of natural heritage include heritage groups of important natural and ecological landscapes (objects of natural heritage with valuable natural and ecological landscapes); heritage groups of high biodiversity (natural heritage objects with high biodiversity value); groups of heritage on the important ecological environment (objects of natural heritage with environmental value); a group of natural heritage gardens (groups of objects of natural heritage containing more than two criteria belonging to the above groups).7

1.1.4.2. Hierarchy of natural heritage

Natural heritage decentralization is carried out based on area size, the scope of influence, meaning, and importance of natural values to ensure resources for effective protection, conservation, and management of natural heritage are consistent with the current legal system (laws on biodiversity, forestry, fisheries, and cultural heritage all stipulate the classification of natural heritage objects at provincial and national levels). Particularly for the law on cultural heritage, there are special national-level relic regulations. Therefore, the natural heritage classified according to the provisions of Clause 4, Article 21 of Decree No. 08/2022/ND-CP includes:

Provincial natural heritage: provincial nature reserve; scenic spots are provincial

relics; key wetlands at the provincial level; biosphere reserves, parks, and other natural

7Clause 3, Article 21, cỉ 08/2022/ND-CP, accessed on 5 Nov 2022.th

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heritages specified in Article 19 of Decree No. 08/2022/ND-CP established and recognized by the People’s Committee of the province.

National-level natural heritage: national-level nature reserve; scenic spots are

national relics; nationally important wetlands; biosphere reserves, parks, and other natural heritages specified in Article 19 of Decree No. 08/2022/ND-CP recognized by the Prime Minister.

Special national natural heritage (nominated for recognition based on provincial

and national natural heritage): scenic spots are special national-level relics; World Natural Heritage; world biosphere reserve; global geopark; Ramsar site; heritage gardens and natural heritage recognized by international organizations.

1.1.4.3. Zoning of natural heritage

Zoning of natural heritages including core zone, buffer zone, transition zone, and specific location, area, and boundary shall be determined in Clause 5, Article 21 of Decree No. 08/2022/ND-CP. Zoning of Natural Heritage aims at zoning the areas with core values that make up the natural heritage and surrounding areas, adjacent to the natural heritage for a suitable sustainable development mode according to each zoning, ensuring harmony between nature and people, between the goal of environmental protection and socio-economic development.

Core zone is an area containing core values according to the criteria for

establishing and recognizing natural heritage sites and is effectively managed and protected, including wildlife sanctuary; zone protection of scenic landscape recognized as cultural heritage in accordance with regulations of law on cultural heritage; an area with core values that need to be protected in a manner that remains intact and preserves the pristine nature of the natural heritage site specified in Articles 19 and 20 of this Decree. In particular, the core zone is a nature reserve, which is functionally divided according to the provisions of the law on biodiversity, forestry, and fishery, including a strict protection zone, ecological restoration subdivision, and subdivision. administrative service area.

Buffer zone includes an area with values to be protected at a lower level than the

core zone of the natural heritage; zone protection II of scenic landscape recognized as cultural heritage in accordance with regulations of law on cultural heritage, and an area adjacent to the boundary of the core zone which is intended to prevent and mitigate the negative impacts of socio-economic development activities outside the natural heritage site on the core zone of the natural heritage site.

The transitional zone, including the areas associated with the buffer zone, where

socio-economic development activities take place, should be controlled in order to be

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consistent with, and harmonize with, the protection and conservation objectives of the identification establishment, and recognition of heritage.

In addition, the core area of the natural heritage is specified as a strictly protected area and the buffer zone of the natural heritage belongs to the emission-restricted zone according to the regulations on environmental zoning in Article 22 of Decree No. 08/2022/ND-CP.

1.2. State management of natural heritage protection

1.2.1. Regulations on organization of management of natural heritage

Organizing the management of natural heritage has been clearly defined, ensuring compliance with the guidelines, policies, and laws of the State, and at the same time creating an important legal basis for localities to mobilize resources and implement effective management activities of natural heritages in the area.

1.2.1.1. Requirements for the Management Board of Natural Heritage

Natural heritage management boards must meet the criteria of capacity to manage and protect the environment (which can be understood as factors in terms of several human resources, professional qualifications, and factors of material and technical foundations for the management and protection of the natural heritage environment). At the same time, the management board is responsible for organizing, mobilizing forces and resources, managing and protecting the environment of natural heritage, approving regulations and plans; organizing the monitoring and timely prevention of acts of infringing upon natural heritage; organizing ticket sales, collection of entrance fees and services; manage and use revenue sources in accordance with law; propaganda to raise awareness and participation of the community in the protection and management of natural heritage; participate in the management, association, and supervision of investment activities, environmental protection, nature conservation, biodiversity in the area of natural heritage; perform other tasks assigned by competent authorities.8

1.2.1.2. The establishment of a management board for natural heritage

The establishment of a natural heritage management board is prescribed at Points b, c, d, Clause 6, Article 21 of Decree No. 08/2022/ND-CP, and practical conditions of each locality in order to effectively manage the heritages natural products, environmental protection, nature conservation, and biodiversity.

For the world biosphere reserve and global geopark located in a large area, with production areas and residential areas, the provincial People’s Committees shall establish an interdisciplinary management board and ensure natural resources, operational force to

8Point b, Clause 6, Article 21, Decree 08/2022/ND-CP, accessed on 5 Nov 2022.th

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manage and protect the environment, preserve nature, and biodiversity according to the provisions of this Decree and relevant laws.9

Natural heritage in the area of a province or centrally run city: in case the natural heritage is a nature reserve or a scenic beauty spot, a management board is established or an organization is assigned to manage the natural heritage according to the provisions of the law on biodiversity, forestry, fisheries, and cultural heritage. In case the natural heritage has nature reserves or scenic spots managed by different management boards or assigned to different organizations to manage, the provincial People’s Committees shall decide to arrange or assign only a management board or an organization capable and secure the resources to manage that natural heritage. Or the People’s Committee of the province shall decide the model of the management board or assign the organization to manage the natural heritage in accordance with the practical conditions of the locality. 10

In case the natural heritage is located in an area of two or more provinces or centrally run cities or is located on a sea area where the administrative management responsibilities of the provincial-level People’s Committees have not been determined, the Ministry of Natural Resources and Environment shall submit to the Prime Minister for decision the organizational model of management, or to merge or assign a management board or assign an organization to manage such natural heritage.

1.2.1.3. Requirements for the formulation of regulations and plans onenvironmental management and protection of natural heritage

Responsibility for approving regulations and plans: Provincial-level People’s Committees shall organize the formulation and approval of regulations and plans on environmental management and protection of natural heritage located in the province according to the form specified in Clause 1 of Article 9 of Circular No. 02/2022/TT-BTNMT; The Ministry of Natural Resources and Environment shall organize the elaboration and approval of regulations and plans on the management and environmental protection of natural heritage for natural heritages located in two or more provinces and centrally run cities or on sea areas where the administrative management responsibilities of the provincial People’s Committees have not been determined.

For natural heritages that already have regulations, plans, and management plans before Decree No. 08/2022/ND-CP takes effect, competent agencies shall approve regulations, and plans, Such management plan is responsible for integrating and updating the contents as prescribed in Decree No. 08/2022/ND-CP into the regulations, plans, and

9Point b, Clause 6, Article 21, Decree 08/2022/ND-CP, accessed on 5 Nov 2022.th

10Point c, d, Clause 6, Article 21, Decree 08/2022/ND-CP, accessed on 5 Nov 2022.th

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plans in accordance with the law on biodiversity and forestry, aquatic products and cultural heritage within 06 months from the effective date of Decree No. 08/2022/ND-CP.

1.2.2. Regulations on environmental protection of natural heritage

The content of environmental protection of natural heritage has been specified in Article 21 of the Law on Environmental Protection 2020 and Clause 7, Article 21 of Decree No. 08/2022/ND-CP with the following basic requirements:

First, agencies, organizations, residential communities, households, and

individuals have the responsibility to protect the natural heritage. Organizations, residential communities, households, and individuals participating in the management and protection of the natural heritage environment shall enjoy benefits from payment for natural ecosystem services in accordance with the law.

Second, production, business, and service activities in the core zone of the natural

heritage are controlled as a strictly protected area and in the buffer zone of the natural heritage are controlled as for restricted area emissions in accordance with the law on environmental protection.

Third, the natural ecosystems in the natural heritage must be prioritized to preserve

and restore the natural status; the soil and water environment in the polluted or degraded natural heritage must be improved and restored.

Fourth, the core values of nature and biodiversity of the natural heritage must be

protected and preserved intact; natural ecosystem services of natural heritage must be maintained, developed, and used sustainably.

Fifth, the specific criteria of geology, landscape, ecology, and biodiversity of

natural heritage must be investigated, evaluated, monitored, monitored, inventory, and reported according to regulations.

Sixth, to comply with other requirements on environmental protection, prevention,

and control of impacts on the environment, biodiversity of natural heritage as prescribed in Decree No. 08/2022/ND-CP, provisions of relevant laws and regulations of international treaties on environment and biodiversity that Vietnam has signed.

The responsibility for environmental management and protection of the natural heritage is specified in Clause 8, Article 21 of Decree No. 08/2022/ND-CP, in which the Ministry of Natural Resources and Environment assists the Government in uniform management and environmental protection of natural heritage, formulation, promulgation and submission of legal documents; organize the implementation, inspection, and examination of the observance of laws and technical instructions on the management and protection of the environment of the natural heritage. Provincial-level People’s

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Committees shall uniformly manage and protect the environment of natural heritage in their respective management areas, and ministries and ministerial-level agencies are responsible for organizing the implementation of requirements on environmental protection of natural heritage as prescribed by law, specifically:

First, the Ministry of Natural Resources and Environment assists the Government

in the unified management and protection of the environment of natural heritage; elaborating, promulgating, and submitting to promulgate legal documents; organizing the implementation, inspection, and examination of the observance of the law, and provide technical guidance on the management and protection of the environment of natural heritage.

Second, the People’s Committee of the province shall uniformly manage and

protect the environment of the natural heritage in the area under its management; comply with regulations on the management and environmental protection of natural heritage as prescribed in this Decree and relevant laws.

Third, the Ministry of Agriculture and Rural Development is responsible for

organizing the implementation of requirements for the protection of natural heritage in forestry, fishery, and agricultural activities according to the provisions of this Decree and relevant laws related to it.

Fourth, the Ministry of Culture, Sports, and Tourism is responsible for organizing

the implementation of requirements for the protection of natural heritage in cultural, sports, and tourism activities.

Fifth, ministries and ministerial-level agencies shall organize the protection of the

natural heritage environment in accordance with the law.

In the event of an urgent risk of seriously affecting the natural heritage environment, the Ministry of Natural Resources and Environment shall submit it to the Prime Minister for consideration and decision on the application of urgent and temporary measures to prevent environmental damage and limit the total amount of discharge into the natural heritage environment, clearly defining the application area and application time.11

The Ministry of Natural Resources and Environment and the People’s Committees of provinces shall organize the formulation and approval of projects on environmental restoration of polluted and degraded natural heritages in accordance with the law on the state budget.

11Clause 7, Article 21, Decree 08/2022/NĐ-CP, accessed on 5 Nov 2022.th

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and sanctions

In order to deter and raise awareness about the environmental protection of natural heritage, the Government is forced to introduce specific sanctions, based on Article 47 of Decree No. 45/2022/ND-CP, which has prescribed specific administrative penalties for acts of causing damage to natural heritage, specifically:

First, acts of illegal destruction and encroachment on natural heritage established

in accordance with the provisions of the law on forestry, fisheries, and cultural heritage shall be sanctioned in accordance with the provisions of the law on handling administrative violations in that field.

Second, illegal acts of vandalism and encroachment on natural heritage which are

protected areas, except for the acts specified in Clause 1 of this Article, will be sanctioned in the form of fines according to specific cases. For acts of illegally building works and houses in ecological restoration subdivisions, and administrative service subdivisions of conservation zones, the form of handling shall be applied in accordance with the law on sanctioning violations administration in the construction industry.

Thirdly, acts of destroying natural landscapes and ecosystems in the conservation

area, except for the cases specified in Clauses 1 and 2 of this Article, will be sanctioned in the form of a fine according to specific cases.

Fourth, the act of destroying landscapes and natural ecosystems that are important

wetlands outside the protected area will be sanctioned according to specific cases. For acts of causing damage to the rearing places and breeding grounds of aquatic species on the list of endangered precious and rare species prioritized for protection and the list of endangered and rare aquatic species, the form of sanctions in accordance with the law on sanctioning of administrative violations in the fisheries sector.

Fifth, acts of illegal destruction, encroachment, or destruction of landscapes and

natural ecosystems in the core areas of other natural heritages are established in accordance with the law on environmental protection, except for If the case specified in Clauses 1, 2, 3, 4 of this Article, they will be sanctioned in the form of a fine according to specific cases.

In addition, acts that cause environmental damage to the natural heritage at a more serious level will have additional sanctions and remedial measures must be taken as prescribed in Clause 7 of this Article.

1.2.4. New point in the regulation on the protection of natural heritage of theLaw on Environmental Protection 2020

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The Law on Environmental Protection 2020 has designed a policy framework for the formation of a law on environmental protection that is comprehensive, and in harmony with the socio-economic legal system. Especially for natural heritage, the Law on Environmental Protection 2020 has completed the legal corridor to protect natural heritage in accordance with international law on world heritage, meeting the requirements of the integration process internationally.

According to the Convention on the Protection of World Cultural and Natural Heritage (World Heritage Convention), world heritage is divided into two categories, including natural heritage and cultural heritage with the following characteristics: completely different criteria (the criteria of natural heritage are associated with elements of nature, of which the criteria of cultural heritage are associated with human factors). Vietnam has joined this Convention since 1987, however, Vietnam’s legal system on natural heritage management has not been fully internalized and compatible with the content of the Convention. Regulations on objects that are natural heritages of Vietnam are being divided, into several specialized laws such as the Law on Biodiversity (wetland conservation areas), the Law on Forestry (the conservation areas are special-use forests), the Law on Fisheries (marine protected areas), are even regulated in the law on cultural heritage (the Law on Cultural Heritage stipulates that cultural heritage also includes scenic spots as an object of natural heritage), therefore, it is not possible to cover all objects that are natural heritages to be protected (such as global geopark, biosphere reserve, Ramsar site – land area wetlands of international importance, ASEAN heritage gardens) and lack of regulations on the establishment and management of these international natural heritages. This creates barriers in the process of integration and implementation of the World Heritage Convention which Vietnam has joined as well as many unresolved issues in current management practices.12

To overcome these inadequacies, the Law on Environmental Protection 2020 has provided regulations on criteria for establishing natural heritage based on international criteria and current Vietnamese conditions; in which, for objects that are natural heritages prescribed in the law on forestry, fisheries, biodiversity, and cultural heritage, these provisions are still followed to avoid disturbances and overlaps cross. At the same time, to stipulate the investigation, assessment, management, and environmental protection of

Trinh Minh, Some new points of the Law on Environmental Protection in 2020, on 5th Nov 2022.

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natural heritage to protect and promote the sustainable value of natural heritage in our country.

1.2.5. Inadequacies in regulations on the protection of natural heritage

According to statistics, there are many legal documents on environmental protection in general and natural heritage environments in particular. However, the system of these documents is still incomplete, lacks synchronization, lacks details, and needs to be amended and supplemented a lot. That reason has limited the effectiveness of regulating the behavior of individuals, organizations, and economic activities... in protecting the environment, especially in areas with natural heritage.

Regarding the management and protection of the natural environment from a practical point of view at present, it is easy to see that the legal regulations in this field still have many shortcomings and limitations:

To begin, environmental protection groups’ legal powers, particularly those of the

Environmental Police, are insufficient. As a result, actions to understand the situation and detect and prevent violations of environmental protection have been ineffective. Management agencies for cultural heritages, in particular, have maintained a reasonably steady and specific organization. However, there are too many focal areas for state administration at the central level for natural heritages, and it is still not tight and effective.13

Second, the legal basis, sanctions, and deterrence for sorts of conduct creating

environmental contamination and crimes are still restricted. This has directly resulted in situations of environmental contamination in natural heritage regions being administratively sanctioned with a fine amount that may be described as not too severe. Excessive resource exploitation at historic sites pollutes the ecosystem. Construction of infrastructural works, irrigation systems, urbanization, aquaculture, and other activities have had negative effects and disturbed the integrity of natural heritages.

Third, the government level has not satisfied professional requirements, has not

fully recognized the importance and function of natural and cultural resources and has not prioritized environmental conservation resulting in lax management and a lack of accountability in environmental inspection and oversight.

Finally, when tourists’ or even local people’s knowledge is not supported,

propaganda and increasing public awareness in joining hands to conserve the natural

13Nguyen Quoc Hung, Preserving and promoting the values of cultural and natural heritages - Limitations andremedial solutions, on 5 Nov 2022. th

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