Laws of Vietnam

DECIDES:

Article 1.- To ratify the "Plan of Action to Protect the Bio-Diversity of Vietnam", the long-term and immediate objectives of which and its main contents are defined in the attached documents.

Article 2.- Organization of implementation.

1. Concrete actions shall be taken in the form of projects with concrete objectives, contents, areas, sizes, time limits and products. All such projects shall have to be evaluated before receiving funds for realization and they must be tested on implementation step by step until completion.

2. Tasks of the central agencies:

- The Ministry of Science, Technology and Environment is the chief executive of the "Plan of Action to Protect the Bio-Diversity of Vietnam". It shall discuss with the concerned ministries, services and localities in order to step by step carry out this plan. Each year the Ministry shall draw up a wrap-up report and submit it to the Prime Minister on the results of the realization of the contents of the plan.

- The Ministry of Planning and Investment shall base itself on the sources in the country and foreign aid and on the main contents of the above-said plan, and discuss and reach agreement with the Ministry of Science, Technology and Environment to dispose the concrete annual plan for each branch and locality to achieve the goal of each job.

- The Ministry of Agriculture and Rural Development, the Ministry of Aquaculture and the National Center of Natural Science and Technology are the key agencies in the carrying out of this plan. Each year the above agencies shall have to discuss with the Ministry of Science, Technology and Environment and the Ministry of Planning and Investment on the concrete plans of actions, notify the Ministry of Science, Technology and Environment of the results of the work in order to draw up a general report to the Prime Minister.

- The Ministry of Education and Training, the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health and the Committee for the Mountainous Regions and Ethnic Affairs shall, in their socio-economic programs under their management, give priority consideration to the contents and areas related to the protection of the bio-diversity. At the same time they shall discuss with the Ministry of Science, Technology and Environment and the Ministry of Planning and Investment on the issues of common concern.

- Tasks of the localities:

- The People's Committees in the provinces and cities directly under the Central Government (Provincial People's Committee for short) shall have to organize the implementation of this plan in the territory under their jurisdiction.

- Each year the Provincial People's Committees shall draw up their concrete plans, and discuss and reach agreement with the Ministry of Science, Technology and Environment, the Ministry of Planning and Investment and the concerned Ministries to carry out the plan and at the same time report annually the results to the Ministry of Science, Technology and Environment so that the latter may draw up a general report to the Prime Minister.

Article 3.- This Decision takes effect on the date of its signing.

For the Prime Minister

Deputy Prime Minister

Vietnam is blessed by nature in terms of the abundance and diversity of the ecological systems, the diversity of the species and diversity of genetic resources, commonly known as bio-diversity. Results of surveys show that our country has about 12,000 species of veined plants of which around 7,000 have been named, 275 species of animal, 800 species of bird, 180 species of reptile, 80 species of amphibian, 2,470 species of fish, and 5,500 species of insect. The originality of this bio-diversity is fairly high: 10% of the total of species of animal, bird and fish of the world are found in Vietnam and more than 40% of the species are unique to Vietnam that can be found nowhere else; many species of cattle and poultry have been domesticated and selected through thousands of years.

In terms of economic value, all the agricultural, forestry and aquacultural products of our country are actually taken from this bio-diversity and are estimated to bring to our country around 2 billion USD each year. In many places, particularly in the mountainous regions, food resources and medicaments and all the main incomes derive from the exploitation of this bio-diversity.

However, the too quick growth of the population, the narrowing of the forest cover and the over-exploitation of the marine resources as well as the too extensive introduction of new strains in agricultural production... have led to the dwindling or the loss of many ecological systems and the danger of the extinction of 28% of the species of animal, 10% of the species of bird, 21% of the species of reptile and amphibian. The loss of a species is an irretrievable loss which also means the loss of a genetic resource. In fact, the rate of decline of the bio-diversity of our country is much higher than in other countries in the region.

Aware of the great value in economic, scientific, cultural and social terms of the bio-diversity toward the present and future development of mankind, and of the heavy responsibility for the protection of the bio-diversity, our country has joined many other countries in the world in signing to the Bio-Diversity Convention which was put into effect in the middle of 1993.

In fact, right in the sixties of this century, our country already took the first official steps to protect nature. In 1972, the Ordinance on Forest Protection led to the recruitment of 10,000 foresters at all levels in nearly all parts of the country. Since the eighties, the common efforts to protect the environment including the protection of the bio-diversity have been intensified constantly and become more and more systematic.

In 1985 Vietnam's National Conservation Strategy was drafted, the first strategy of its kind in a developing country. The strategy has received warm acclaim from the international community.

In 1991 the Government adopted the National Plan on Environment and Sustainable Development for the period 1991-2000. This plan led to the elaboration and adoption of the Law on Environmental Protection in 1994 and the creation of the Ministry of Science, Technology and Environment and such services in the localities.

Vietnam has ratified the Bio-Diversity Convention and in this sense Vietnam, like all other countries, must take actions to protect the bio-diversity.

On the national scale, we have necessarily to work out and promulgate a Plan of Action to protect our bio-diversity.

I. SITUATION OF BIO-DIVERSITY PROTECTION IN VIETNAM

1) Situation of the economic use of the biological species:

The economic use of the species consists first of all in the exploitation of timber. From 1.3 million to 1.4 million cubic meters of timber are exploited each year. The other forest products exploited for economic purposes include rattan, bamboo and firewood. About 100,000 tons of bamboo are exploited yearly as material for the paper industry. Firewood accounts for 75% of the energy requirement of the country, which means 22-23 million tons of fuel for domestic use come from the natural forests. In addition, about 2,300 species of plants and a number of wild animals are exploited for use as pharmaceuticals, food for man and cattle, raw materials for industry and handicrafts. A growing volume of products is being used in trade exchange with neighboring countries.

Vietnam's fisheries output is estimated at one million tons per year, of which 60% - 70% are caught on the sea, supplying half of the animal-based protein need of the country. The fresh water areas supply 20,000-30,000 tons per year of fish, turtles, frogs... Fish rearing also supplies about 200 tons of fish per year.

2) Threats to bio-diversity:

Along with the narrowing of the ecological systems and the gradual loss of their habitats, many species are facing the real danger of extinction. In the Vietnam Red Book, scientists have listed more than 300 species of animal and 350 species of plant under threat and facing the danger of extinction. The most common causes of this situation are:

- Over-exploitation:

The exploitation of timber and other forest products remains a big threat even though the area allowed for legal exploitation has been greatly restricted, and the exportation of logs and the exploitation of timber in the crucial areas and the exploitation of some given species has been greatly restricted. However, it is still very difficult to control the exploitation of fuel on a large scale and this actually constitutes the greatest threat to the bio-diversity in many countries. The quality and quantity of forests is declining in the areas close to population centers. In many places the forests have been morselled out and become smaller and detached from the other forests, thus losing their capacity of providing mutual support in the formation of biological scapes and the diversity of the original biology.

Over fishing is a reality of life everywhere. Moreover, the methods of fishing are not carefully chosen and even bear the character of despoliation, such as using fishes traps, damming rivers with thick bamboo fences , using too thick meshes in fishing nets or explosives and in some places even poison to kill the fishes.

The exploitation of coral is being a most disturbing practice along the coast of Central Vietnam from Da Nang to Thuan Hai. People often use explosive to get dead coral in tide pools as raw material for cement production (Khanh Hoa and Ninh Thuan). This has had a major impact on the living environment of many species of marine life and harmed the capacity of preventing erosion in the coastal areas.

- Migratory farming and infringement on agricultural land

For many generations now, a number of ethnic minorities have been practicing migratory farming on a stable pattern according to the crop cycle. They cultivate a field for a few years, then leave it uncultivated for a few subsequent years to restore the forest cover before burning the forest out to resume crop cultivation. This regime of cultivation only affects a very small percentage of forests and has the good effect of enriching the species through the implantation of new plant species. However, due to the increase of the population, this regime of farming can no longer be kept stable, the cycle of land use has been shortened year after year while the forest cover has also been gradually narrowed. On the other hand, the resettlement of population to reclaim waste land for agricultural cultivation or raising aquatic products... all having contributed to the reduction of the forest ecologies.

Migratory farming is also one of the causes of frequent forest fires. Of the remaining 9 million hectares of forest, around 56% are highly inflammable in the dry season. Each year we have lost about 20,000-30,000 hectares and in some years even 100,000 hectares of forest to forest fires. This loss has caused no small damage to the bio-diversity.

- Water pollution:

Pollution caused by oil spilling is now considered the greatest danger to the sea environment. The allowed level of oil content of 0.4-1.0 mg/liter is often surpassed by many fold due to the activities in oil and gas exploitation and in sea traffic. Serious deposition of sludge is observed in the coastal areas of Quang Ninh province caused by the exploitation of peat and clay. Millions of tons of sludge and sand discharged by the dredging of ports (3-5 million of tons are dredged each year at Haiphong port) cause the deposition of silt mixed with oil and noxious substances at the river mouths and along the coast, harming the coastal ecology and marine life.

- Degradation of the coastal areas:

The construction of ponds and lakes for aquaculture along the coast and the land reclamation along the sea shore for salt and agricultural production or for the building of population centers... often lead to the reduction of the tide area, increase of the acidity of the soil and the change in the process of sedimentation..., thus causing the destruction or serious degradation of many tide pools. The large-scale exploitation of stone and sand for construction and of other minerals is responsible for the erosion of the coastal land in the southern part of Central Vietnam, causes the impoverishment of water and adversely affects the composition of the lower layer of the sea ecology.

- The change to the market economy.

The process of change to the market economy has had a strong impact on the thinking of the farmers. The market has urged them to use many new strains and species with high productivity and quality to meet the demands of the market. This is also a major threat to the strains and species which have been traditionally grown or raised and have long been adapted to the climate and the local soil, and endowed with many precious genetic properties which are, however, being neglected for failing to meet the immediate demands of the market.

The present state of exploitation and use of the species has rendered the task of protecting the bio-diversity of the country even more imperative.

II. OBJECTIVES OF THE PLAN OF ACTION TO PROTECT THE BIO-DIVERSITY OF VIETNAM

1) The long-term goal of the plan is:

To protect the rich and original bio-diversity of Vietnam in the framework of the sustainable development program.

2) The immediate goal of the plan is:

- To protect the particular ecological systems of Vietnam, the sensitive ecological system which are facing the danger of being narrowed down or destroyed due to the economic activities of man.

- To protect the components of the bio-diversity which are being endangered by over-exploration or neglect.

- To develop and discover the use value of the components of the bio-diversity on the basis of the sustainable development of the resource values in service of the economic objectives of the country.

III. MAIN CONTENTS OF THE PLAN

To protect the bio-diversity is a long-term task which must be undertaken during several five-year plans. The following immediate actions should be included into concrete plans:

1) On policies and legislation:

The Law on Environmental Protection adopted by the National Assembly has provided the general guideline for the protection of the environment. But there must be many sub-laws and by-laws to increase the capacity of forcible enforcement of the law and other legal documents.

To make law observance compulsory is one of the urgent issues which need special attention. This requires the increase of the technical and managerial capacity of the concerned agencies and organizations and the training of personnel for these agencies. A number of institutions and legislation must also be renewed and economic measures based on the market economy and the application of sanctions should also be studied and put into practice.

The sub-laws must deal with the question of exploiting and using the natural resources in a sustainable way, the control over the trading of the components of the bio-diversity such as the rare or precious or unique species and strains of Vietnam, prevention and control of pollution. These undertakings should be also integrated into the regulations on the evaluation of environmental impacts.

The effective protection of the bio-diversity requires the clarification, readjustment or strengthening of the functions and tasks of the concerned State managerial agencies, and determination of the activities of the economic organizations which may impact on the environment. Accordingly, it is necessary to give priority to the general re-evaluation of the functions and tasks of the managerial agencies at the areas marked off for preservation of natural resources.

2) Building and management of the protection zones:

1.- To build immediately and well manage the areas of the bio-diversity of high value. To plan the expansion of forests and forest land at 87 special-purpose forests already pinpointed, first of all those with high bio-diversity value, namely: Pu Mat (Nghe An), Vu Quang (Ha Tinh), Hoang Lien Son (Lao Cai), Ba Be ( Cao Bang), Cat Ba (Hai Phong), Cuc Phuong (Ninh Binh), Ke Go Lake (Ha Tinh) Bach Ma (Thua Thien-Hue) Nam Ca (Darlac), Yok Don (Darlac), Chu Giang Sinh (Darlac), Bi Dup (Lam Dong), Cat Tien (Dong Nai).

To consolidate and develop the buffer zones around the protection areas, to encourage intensive farming on sloping land, to gradually limit migratory farming, stabilize the people's living conditions combined with education in order to convert the former migratory farmers into a force for conscious protection of bio-diversity.

2.- To plan the building of a number of important protection areas of the wetland in Ca Mau, on the rim of the Red River delta, the bird grounds, the Tam Giang tide pool... These areas lie outside the special-purpose forests and near population areas with a large demand in exploitation and use of bio-diversity for different purposes such as aquaculture, planting of protection of forests against waves, development of water communication. Accordingly, right from the start it is necessary to attach importance to the protection of the bio-diversity in these wetlands and prevent the pollution sources, especially water pollution and prevent the over-drainage of water.

3.- To build a number of areas to protect the sea and the tide pools in the hinterland. The sea areas with maritime bio-diversity value are often also areas of high economic value. Therefore it is necessary to give priority to protecting a number of sea areas with the highest bio-diversity value.

4.- To build a number of banks of botanic genes, domestic animals, micro-organisms. To supply genetic materials for the hybridization and selection of strains in service of economic objectives, at the same time to extend "insurance" to the natural genetic sources. To increase the capacity of the zoos to serve as places for visits, training, and education about the common sense of environmental protection, scientific research and preservation of the wild species facing the danger of extinction and, when conditions permit, to supply in return these species to the natural preserves.

5.- To organize the synthetic management on the principle of sustainable development over the coastal areas which are the place where many activities are intermingled, such as planting of protection forests, exploitation of submerged saline forests, aquaculture, land reclamation for agricultural farming, population development, development of various industries and coastal constructions...

6.- To increase the measures for protection of agricultural bio-diversity to develop the form of "preservation of agricultural farms" to attract farmers to join in the common work of protection, with special attention to the preservation of the traditional strains of plants and animals which have long been adapted to the local geographical and climatic conditions, and which are very widespread in different regions of our country.

3) To raise the general consciousness about bio-diversity protection:

1.-To use the mass media such as radio, television, the press, posters... to raise the consciousness about bio-diversity in the everyday life, to encourage the people to protect the common interests in bio-diversity.

2.-To supply the necessary information through short topical workshops, or study hours of various establishments on bio-diversity protection inside and outside the country for the leadership and the decision makers in order to increase their awareness of the importance of the protection of the bio-diversity.

3.- To disseminate the knowledge of and measures for the efficient use of the special natural resources among the ethnic communities in the mountainous regions so that they might exploit and use while protecting them. To give special encouragement and technical assistance to the population for the protection of the botanical and animal sources used in the preparation of traditional medicaments, to gradually change from the natural exploitation to the method of raising and planting through their improved knowledge about the sustainable use of the resource values.

4.- To compile the educational program on the bio-diversity to the system of general schools, and integrate this program with the general curriculum on biology or environmental education.

4) To increase the potential and intensify the training of personnel:

1.- To give priority to the intensified training of scientific workers for the management of bio-diversity at various levels, technical workers directly entrusted with the protection of bio-diversity. Besides, all the organizations, mass organizations, associations and farmers households that take part in the protection of the bio-diversity shall also be helped in training.

2.- To build the national data sources on bio-diversity and eventually to form a bio-diversity bank with a nationwide network of information in service of managerial and research work, and also to exchange information with the world in this domain.

3.- To build a system for supervising the changes of the bio-diversity natural resources and supply in time the necessary information for the State managerial agencies.

5) Scientific research:

The following directions for scientific and technological research shall be given priority consideration:

1.- To study the sustainable exploitation and use of the bio-diversity components with the appropriate technologies. To give priority to the scientific and technological researches in the exploitation and use of the bio-diversity components in agriculture, medicine and pharmacy.

2.- To work out the norms and criteria for the evaluation of the changes in the bio-diversity components as a basis for evaluating the value of the resources.

3.- To study questions related to biological safety, to ensure safety for the reception and transfer of technology in this domain.

4.- To study and organize the raising and planting of precious marine life and forest animals which have a high economic value but have been over-exploited and are facing the danger of depletion.

5.-To study issues of the bio-diversity in the countries around our country which have natural characteristics similar to ours and share many bio-diversity problems in the protection of the common interests, and to increase the technical exchange with them.

6) Social and economic issues of the plan:

The essential issue of the Plan to protect bio-diversity is how to bring durable benefits to the country. So it is necessary to consider and anticipate the mutual impact between the plan and the socio-economic conditions of the country in order to adjust them to an appropriate relationship. The plan must create the basis for the population living near the natural biological environment to accept and support the plan because of the great interest the plan would bring them. Therefore, priority should be given to the projects to support the population in the building of buffer zones, apply technical advances, upgrade the infrastructure, improve the public welfare utilities... so that they could have a stable income and would not infringe upon the protection areas.

The socio-economic programs under the management of various ministries and branches and conducted on the areas close to the bio-diversity protection areas must be combined with the plan to protect the bio-diversity and must exploit and use the components of the bio-diversity in a sustainable way.

The areas newly opened to economic development and located in new environments and close to the protection areas of bio-diversity or the areas with sensitive ecological systems must contribute to the cost of protecting the quality of the environment.

7) Developing international cooperation:

Vietnam has become a full member of the Bio-Diversity Convention. This is a basis to broaden international relations in this domain. To call upon the international organizations, the governments and individual foreigners to take part in and provide practical assistance in technique, personnel training as well as finance for the step by step realization of this plan.

With regard to the neighboring countries in the region, in the common interests and the interests of each nation, it is necessary to increase cooperation in scientific research, exchange information, exchange technique and unify actions for the protection and development of the values of bio-diversity.

IV. WORKS TO BE DONE IN 1996-2000 PLAN

In the five-year plan 1996-2000, on the basis of the resources of the State, we need to concentrate on the following focal tasks to build various projects for bio-diversity protection:

1) On policies and legislation: To perfect the system of sub-laws in order to serve as a legal basis for the implementation of the Law on Environmental Protection and the carrying out of the international conventions related to the bi-divesity;

1.- To draw up a Regulation on the protection, use, exploitation and exchange of the gene funds and seeds and breeds in order :

- To manage the rare and precious resources of the country having a high and practical economic value now as well as in the future.

- To defend the national sovereignty and to conform with the international conventions we have been committed to regarding this resource.

2.- To systematize the existing legal documents concerning the management, exploitation, use... of the biological resources for multiple purposes in order:

- To detect the gaps and limitations of these documents which were issued by many ministries and services.

- To supplement and modify these documents to make them conformable with the changes in the mechanism of economic management, while ensuring the exploitation and use of the biological resources along the line of sustainable development.

3.- To make public the unstable ecological systems in the areas which are "sensitive" to the land and water environment together with the accompanying protection regulations in order to preventing the deterioration or destruction of these ecological systems due to the pollution of the environment in the process of industrial development.

2) To build and manage the protection areas:

1.- To determine the locations for the expansion of the forest and land forest protection zones in order:

- To broaden the scale and area of each zone on the basis of the 87 special purpose forests already approved.

- To formalize the documents concerning land use in these zones.

2.- To strengthen and build protection areas with high bio-diversity economic value already determined.

These are areas with high bio-diversity areas and of important significance on both the national and international scale. They should receive first priority in investment. Together with the strengthening and building protection zones under stringent rules we need to build a plan to develop a uniform buffer zone in order to stabilize the life of the local population.

3.- To select an optimum plan to build a number of important wetland areas in the areas already determined.

These areas are very sensitive to the environmental pollution and are rich in bio-diversity and also often associated with diverse economic activities. They must receive priority consideration in protection.

4.- To select the optimum plan and build a number of important sea conservation areas in the following regions: the Ha Long Bay, the coastal areas from Khanh Hoa to Binh Thuan, the Con Dao island area and the Phu Quoc island area.

These are areas rich in bio-diversity, the habitat of many species of marine life, directly related to the protection of the marine resources and many important fish grounds of the country.

5.- To strengthen and build gene conservation centers for plants and reared animals and microorganisms aimed at preserving the precious rare genes of high economic value. To supply genetic materials to the breed conservation and development.

6.- To strengthen and increase the capacity of the zoos in Hanoi and Ho Chi Minh City to serve as places for the education of the sense of environmental protection and bio-diversity protection as well as to study the rearing of the rare and endangered species of wildlife so that to return them to their habitat when conditions permit.

3) To raise public awareness:

1.- To provide regular information about the value of bio-diversity in social life aimed at gradually raising the awareness of the people about the value of bio-diversity so that they may consciously assume the task of protecting the bio-diversity resources.

2.- To supply the necessary information about bio-diversity to the leadership at all levels aimed at raising the awareness on the value of bio-divesity to the leadership at all levels, more particularly the local leadership, and also to provide them with the necessary information when they issue decisions on the protection of these resources.

4) To increase the potentials and to train personnel:

1.- To organize short-term course and workshops in the country and send our personnel to take part in workshops abroad aimed at training and fostering the professional standard of the managerial and technical workers at various levels and in the branches related to the bio-diversity.

2.- To build a grassroots network of national data on bio-diversity aimed at unifying the system of data information about bio-diversity throughout the country which is convenient to the increase of the general potential.

5) Plan for scientific research:

1.- Scientific research and the exploitation technologies, durable utilization of the components of bio-diversity, with priority given to the objects having use value in agriculture and medicine and pharmacy, aimed at raising the use value of the components of bio-diversity and making practical contributions to the socio-economic objectives.

2.- To study the norms and criteria for the evaluation of the changes in the components of bio-diversity aimed at building long-term scientific bases for the protection, supervision and evaluation of the changes of the bio-diversity resources.

3.- To study the questions of management and technique related to biological safety, aimed at receiving and transferring the technology, ensuring safety for the bio-diveristy values, with special attention to bio-technology.

V. CONCLUSION

The plan of action for bio-diversity protection is a national plan aimed at meeting the long-term interest of the country while reflecting the sense of responsibility of our people toward the international community for the protection of the common natural heritage. All the concerned branches and levels should take part in its implementation.

The Minister of Science,

Technology and Environment