CIRCULAR

ELABORATING POINT C CLAUSE 1 ARTICLE 31 OF GOVERNMENT’S DECREE NO. 66/2019/ND-CP DATED JULY 29, 2019 ON PRESERVATION AND SUSTAINABLE USE OF WETLANDS

Pursuant to the Law on Biodiversity dated November 13, 2008;

Pursuant to the Government’s Decree No. 66/2019/ND-CP dated July 29, 2019 on preservation and sustainable use of wetlands;

Pursuant to the Government’s Decree No. 36/2017/ND-CP dated April 04, 2017 on functions, duties, powers and organizational structure of the Ministry of Natural Resources and Environment;

At the request of the Director General of Vietnam Environment Administration and the Director General of the Department of Legal Affairs;

The Minister of Natural Resources and Environment hereby promulgates a Circular elaborating Point c Clause 1 Article 31 of the Government’s Decree No. 66/2019/ND-CP dated July 29, 2019 on preservation and sustainable use of wetlands,

Chapter I

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Article 1. Scope

This Circular elaborates Point c Clause 1 Article 31 of the Government’s Decree No. 66/2019/ND-CP dated July 29, 2019 on preservation and sustainable use of wetlands (hereinafter referred to as “Decree No. 66/2019/ND-CP”), including classification, statistical production and stocktaking concerning wetlands across the country; important wetland monitoring; wetland report preparation; organization of councils for appraisal of projects on establishment of wetland protected area; and management of wetland protected areas and important wetlands outside of protected areas.

Article 2. Regulated entities

This Circular is applicable to Vietnamese organizations, households and individuals, overseas Vietnameses and foreign organizations and individuals directly involved in or relevant to the preservation and use of wetlands in Vietnamese territory.

Chapter II

WETLAND CLASSFICIATION, STATISTICAL PRODUCTION AND STOCKTAKING, IMPORTANT WETLAND MONITORING AND WETLAND REPORT PREPARATION

Article 3. Wetland classification

1. Wetland classification is the determination of wetland types for the purposes of management, preservation and sustainable use of wetlands.

2. Based on hydrological, oceanographic, topographic and geomorphologic factors, pedological conditions, level of human impact and influences of marine and continental factors, wetlands are classified into three following groups:

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b) Inland wetlands, which include natural fresh water wetlands located on continents or near the sea (Group II);

c) Manmade wetlands, which include wetlands formed by humans (Group III).

3. Coastal/Island wetlands comprise of the following zones:

a) Wetlands located between the mean high water line and the mean low water line;

b) Wetlands located from the mean low water line to a depth of 6 meters below sea level.

4. Inland wetlands are not delimited according to Clause 3 of this Article and shall be located from the mean high water line landwards.

5. Based on topographic, geomorphologic, hydrological, oceanographic, pedological and vegetation conditions, biological factors, and current use of land and water surface, the three wetland groups mentioned in Clause 2 herein are divided into 26 wetland types, which are elaborated in Appendix I enclosed therewith.

Article 4. Wetland statistical production and stocktaking

1. Statistical production and stocktaking concerning the wetland groups mentioned in Clause 2 Article 3 herein shall be carried out in accordance with regulations of laws on land and sea and island natural resources and environments. To be specific:

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b) Statistical production and stocktaking concerning the wetlands mentioned in Point b Clause 3 Article 3 herein shall be carried out in accordance with regulations of laws on sea and island natural resources and environments.

2. People’s Committees of provinces and central-affiliated cities (hereinafter collectively referred to as “provincial People's Committees”) shall organize statistical production and stocktaking concerning wetlands under their management and send results thereof to the Ministry of Natural Resources and Environment.

Article 5. Important wetland monitoring

1. Hydrologic regimes of important wetlands shall be monitored according to regulations on hydrologic monitoring. Quality of water and sediments of important wetlands shall be monitored according to regulations on environmental monitoring.

2. Regulations on monitoring of biodiversity and threats to important wetlands:

a) Biodiversity: monitor number and composition of endemic, endangered, precious and rare species; number of individuals under prioritized protection; and number of individual water birds and migratory birds;

b) Threats: monitor number of invasive species; and number of illegal exploitation activities in important wetlands;

c) The monitoring items mentioned in Point a and Point b of this Clause shall be monitored by real-world surveys at least once a year.

3. Area and boundaries of important wetlands and wetland types shall be monitored by real-world surveys at least once a year.

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Article 6. Wetland report preparation

1. Provincial People’s Committees shall prepare reports on wetlands using the form in Appendix II enclosed therewith.

2. Report forms and submitting methods:

a) The reports may be in either of the following forms: physical report bearing a signature of the Chairperson of the provincial People's Committee according to regulations; or electronic report bearing a digital signature of the Chairperson of the provincial People’s Committee and a seal according to regulations;

b) The reports may be submitted in person; by post; by email; or via the management system of the Ministry of Natural Resources and Environment.

3. Data collecting period and submission deadline:

a) Data collecting period: from November 15 of the year preceding the reporting year to November 14 of the reporting year;

b) Report submission deadline: on a triennial basis, provincial People’s Committees shall submit reports on wetlands under their management to the Ministry of Natural Resources and Environment before November 30 of the reporting year.

Chapter III

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Article 7. Establishment of councils for appraisal of project on establishment of wetland protected area

1. The Ministry of Natural Resources and Environment has the power to establish councils for interdisciplinary appraisal of project on establishment of national wetland protected area (hereinafter referred to as “national project appraisal council”) mentioned in Point c Clause 1 Article 13 of Decree No. 66/2019/ND-CP.

2. Chairpersons of provincial People’s Committees have the power to establish councils for appraisal of project on establishment of provincial wetland protected area (hereinafter referred to as “provincial project appraisal council”) mentioned in Point b Clause 1 Article 14 of Decree No. 66/2019/ND-CP.

Article 8. Conditions for appraisal council’s meetings

An appraisal council may hold a meeting when all of the following conditions are fulfilled:

1. The application for appraisal of project on wetland protected area establishment is complete according to regulations in Clause 4 Article 13 of Decree No. 66/2019/ND-CP if it is a national protected area or Clause 3 Article 14 of Decree No. 66/2019/ND-CP if it is a provincial protected area.

2. The council chairperson, the council member being a representative of the provincial People’s Committee (for national project appraisal councils) or district-level People’s Committee (for provincial project appraisal councils) and more than 2/3 of the council members stated in the establishment decision can participate in the meeting.

Article 9. Operating rules of appraisal councils

1. Appraisal councils shall operate following the group discussion, transparency, voting and majority rules.

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3. A project is considered to have met requirements when at least 2/3 of the appraisal council members stated in the establishment decision give it a pass or a pass with the condition that the project must be revised; and failed to meet requirements when more than 1/3 of the council members give it a fail.

4. The appraisal result shall be concluded by the council chairperson based on the evaluation done according to regulations in Clause 3 herein.

In case the appraisal deems the project to have fallen short of requirements, the body in charge of developing the project shall revise the project dossier according to the council’s conclusion and submit it to the authority in charge of the appraisal for reappraisal.

5. Appraisal councils shall dissolve after their missions are completed.

Article 10. Responsibilities and powers of appraisal councils

1. Responsibilities and powers of the council chairperson:

a) Decide to convene a council’s meeting;

b) Preside over the council’s meetings;

c) Process opinions given in the council’s meetings; draw the conclusion in the council’s meetings and take responsibility for the council’s conclusions;

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dd) Fulfill the responsibilities and exercise the powers of a council member according to regulations in Clause 2 herein.

2. Responsibilities and powers of a council member:

a) Consider, research, assess and give feedback on the project dossier;

b) Participate in the council’s meetings; if not attending a meeting, send the comments on the project dossier to the authority in charge of the appraisal at least 01 working day prior to the meeting day;

c) Write the comments on the project dossier using Form 3.1 in Appendix III enclosed therewith and present the comment in the council's meeting;

d) Fill out the project dossier appraisal sheet, which is made using Form 3.2 in Appendix III enclosed therewith;

dd) Give opinions in the council’s meetings; have their opinion recorded if it differs from the council’s conclusion;

e) Write comments on the project dossier revised after a council’s meeting at the written request of the authority in charge of the appraisal;

g) Participate in appraisal-related activities at the request of the council chairperson or the authority in charge of the appraisal;

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Chapter IV

MANAGEMENT OF WETLAND PROTECTED AREAS AND IMPORTANT WETLANDS OUTSIDE OF PROTECTED AREAS

Article 11. Management of wetland protected areas

1. Based on the size, environmental and biodiversity values and land use rights of the area where the wetland protected area is established and actual conditions, the body with competence in establishing the protected area shall decide to manage the protected area as per the law.

2. Every wetland protected area shall be managed in a manner that facilitates performance of the tasks provided for in Clause 2 Article 15 of Decree No. 66/2019/ND-CP; execution of the approved wetland protected area management plan, which is made using the form in Appendix IV enclosed therewith, and compliance with the approved regulations on wetland protected area management, which are formulated based on the form in Appendix V enclosed therewith.

Article 12. Management of important wetlands outside of protected areas

1. The provincial environmental protection authority shall assist the provincial People’s Committee with the following tasks:

a) State management of conservation and sustainable use of important wetlands in the province according to regulations in Article 24 of Decree No. 66/2019/ND-CP;

b) The tasks provided for in Article 32 of Decree No. 66/2019/ND-CP assigned by the provincial People’s Committee.

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Article 13. Regulations on cooperation in management of important wetlands outside of protected areas

1. The provincial environmental protection authority shall formulate and submit regulations on cooperation in management of important wetlands outside of protected areas to the Chairperson of the provincial People’s Committee for approval.

2. Regulations on cooperation in management of important wetlands outside of protected areas shall be formulated and implemented based on the form in Appendix VI enclosed therewith.

Chapter V

IMPLEMENTATION CLAUSE

Article 14. Effect

1. This Circular comes into force from October 21, 2020.

2. Circular No. 18/2004/TT-BTNMT dated August 23, 2004 by the Ministry of Natural Resources and Environment providing guidelines for the Government’s Decree No. 109/2003/ND-CP dated September 23, 2003 on conservation and sustainable development of wetlands is annulled from the date on which this Circular comes into force.

Article 15. Implementation

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2. Ministries, ministerial-level agencies, Governmental agencies, provincial People’s Committees and relevant organizations and individuals shall implement this Circular.

P.P. THE MINISTER
THE DEPUTY MINISTER




Vo Tuan Nhan

APPENDIX I

WETLAND CLASSIFICATION

(Promulgated together with Circular No. ....../2020/TT-BTNMT dated …/…/2020 by Minister of Natural Resources and Environment)

I. Descriptions of types of wetlands in Vietnam

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a) Shallow marine waters; including sea bays and coves (Vbn) are marine waters near coasts, sea bays and coves under direct oceanographical influence and located from the mean low water line to a depth of 6 meters below sea level. In which, a sea bay/cove is a body of sea water forming an indentation of the coast or sheltered by an island/s thus becoming closed off to some level;

b) Sea-grass beds (Tcb) are vegetation dominated by one or more than one seagrass species, which completes most of its lifecycle underwater. Seagrasses can be found in shallow marine waters, marine waters near islands, coves and bays, saltwater and brackish lagoons and estuaries with high water clarity;

c) Coral reefs (Rsh) are created by generations of scleractinian corals, which secrete calcium carbonate to form large limestone structures supporting live corals and accommodating a variety of flora and fauna;

d) Rocky marine shores; includes rocky offshore islands, sea cliffs (Bvd) are transition zones between marine waters and land (or islands) consisting of solid rocks (accounting for 75% of surface area) and under direct tidal and coastal current influences;

dd) Intertidal mud or sand flats; shingle or pebble shores; includes dune systems (Bgt) are areas along shorelines that are exposed to air at low tide and submerged at high tide and located between the mean high water line and the mean low water line. Their sedimentary components may include sand, mud, shale, pebbles and/or gravel, dunes in estuaries, and they are unvegetated or have only grass/shrub cover;

e) Estuarine waters (Vcs) are land submerged in riverine water mixing with marine water; and located between the line where the salinity level in dry season is 1‰ and the isohaline of surrounding waters;

g) Mangrove forests (natural forests or cultivated forests) (Rnm) are forests growing in the coastal zone and riverine estuaries subject to frequent or regular flooding by tides;

h) Coastal lagoons (Dp) are coastal bodies of salt water, brackish water or brine separated from the sea by a depositional landform such as a shoal or coral reef and connected to the open ocean by one or more than one estuary;

i) Coastal and island subterranean karst and cave hydrological systems (includes valleys and saltwater lakes enclosed or semi-enclosed by karst towers and islands) (Cvb) are subterranean and hollow formations in karst towers located near coasts and islands that are created due to the dissolution and leaching of soluble rocks (limestone, dolomite) by ground and surface water.

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a) Permanent rivers and streams (Stx): rivers are bodies of water flowing year-round with surface water or groundwater input; streams are small and medium bodies of water flowing year-round and are usually tributaries;

b) Seasonal rivers and streams (Stm) are small and narrow bodies of water flowing during rainy season and remaining dry during dry season;

c) Natural lakes (Htn) are basins filled with water that are formed naturally, have a relatively stationary hydrologic regime, are under direct influences of surface water and groundwater, and may have vegetation;

d) Non-forested or forested peatlands, including shrubs (Tb) are land areas with peat formed from vegetation buried for multiple years and accumulated under saturated conditions, and trees and/or shrubs or no vegetation;

dd) Shrub-dominated and seasonal wetlands (Cb) are naturally waterlogging low-lying land and swamps dominated by shrubs or floating-leaved plants with coverage of more than 30%;

e) Tree-dominated and seasonal wetlands (Cg) are naturally waterlogging low-lying land and swamps dominated by trees with coverage of more than 30%; usually found in floodplains located downstream, and are under the influences of flood water or inland swamps and direct influences of groundwater;

g) Freshwater and mineral springs and geysers (Snn) are points at which natural water flows out or ejects from the ground and which always have a high temperature or contain some biologically active substances with high concentration;

h) Inland subterranean karst and cave hydrological systems (Cnd) are subterranean and hollow formations in karst towers located inland and created due to the dissolution and leaching of soluble rocks (limestone, dolomite) by ground and surface water.

3. 9 wetland types belonging to the group of manmade wetlands (Group III) include:

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b) Sedge field (Dc) are coastal wetlands used for sedge production;

c) Salt exploitation sites (Dm) are coastal areas repurposed for salt production by humans;

d) Freshwater aquaculture ponds (Ann) are manmade basins filled with fresh water used for cultivation of freshwater products;

dd) Agricultural land (Dnm) is land used for production of rice and aquatic and semiaquatic plants;

e) Manmade reservoirs (Hnt) are reservoirs created by humans using a dam or lock to store and regulate water for hydropower, irrigation, domestic water provision, industrial purposes, environmental improvement and tourism;

g) Pits (Mks) include sunken areas, borrow pits, and process water ponds formed during the exploitation of opencast mines;

h) Wastewater storage and treatment areas (Vxl) are manmade sunken areas used for pre-discharge collection, storage and treatment of wastewater;

i) Canals, drainage channels and ditches (Sd) are manmade water control systems used for water transport, irrigation or water regulation for agro - forestry - fishery purposes and domestic wastewater drainage.

II. Wetland classification system of Vietnam

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Group

Wetland types

Name of wetland type

Vietnamese code

Ramsar code

Coastal/Island wetlands (Group I)

1. Shallow marine waters; including sea bays and coves.

Vbn

A

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Tcb

B

3. Coral reefs

Rsh

C

4. Rocky marine shores; including rocky offshore islands, sea cliffs.

Bvd

D

5. Intertidal mud or sand flats; shingle or pebble shores; including dune systems.

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E, G

6. Estuarine waters.

Vcs

F

7. Mangrove forests.

Rnm

I

8. Coastal lagoons.

Dp

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9. Coastal and island subterranean karst and cave hydrological systems (includes valleys and saltwater lakes enclosed or semi-enclosed by karst towers and islands)

Cvb

Zk(a)

Inland wetlands (Group II)

1. Permanent rivers and streams.

Stx

M

2. Seasonal rivers and streams.

Stm

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3. Natural lakes.

Htn

O, P

4. Non-forested or forested peatlands, including shrubs.

Tb

U, Xp

5. Shrub-dominated and seasonal wetlands.

Cb

W

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Cg

Xf

7. Freshwater and mineral springs and geysers.

Snn

Y, Zg

8. Inland subterranean karst and cave hydrological systems.

Cnd

Zk(b)

Manmade wetlands (Group III)

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Anm

1, 2

2. Sedge fields

Dc

4

3. Salt exploitation sites.

Dm

5

4. Freshwater aquaculture ponds.

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1, 2

5. Agricultural land.

Dnn

3

6. Manmade reservoirs.

Hnt

6

7. Pits.

Mks

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8. Wastewater storage and treatment areas.

Vxl

8

9. Canals, drainage channels and ditches.

Sd

9