Ministry of Natural Resources and Environment: 'no bottlenecks in mariculture'

In connection with the story "One license for mariculture requires six ministries", reporters from the Vietnam Agriculture Newspaper interviewed Mr. Nguyen Thanh Tung, Deputy Director of the Vietnam Agency of Seas and Islands under the Ministry of Natural Resources and Environment, to gain further insights into the "bottlenecks" in the allocation of marine areas to organizations and individuals for mariculture purposes.

No bottlenecks were reported

The Government issued Decree No. 11/2021/ND-CP on February 10, 2021, which regulates the allocation of select marine areas for organizations and individuals to exploit and utilize marine resources. However, to date, complaints have been made regarding the challenges caused by this Decree. What are your thoughts on this matter?

Pursuant to the Law on Vietnamese Sea passed on May 21, 2014, the Government issued Decree No. 51/2014/ND-CP, which regulates the allocation of select marine areas for organizations and individuals to exploit and utilize marine resources. Over the last five years of implementation, this Decree has played a significant role in managing and utilizing marine areas to meet the requirements of logical, efficient resource exploitation and environmental protection.

"Following the effective date of Government's Decree No. 11/2021/ND-CP on the allocation of select marine areas for organizations and individuals to exploit and utilize marine resources, we have not received any applications requesting the allocation of marine areas for mariculture under the jurisdiction of the Ministry of Natural Resources and Environment," affirmed Mr. Nguyen Thanh Tung, Deputy Director of the Vietnam Agency of Seas and Islands.

However, Decree No. 51/2014/ND-CP has several issues that require amendments and supplements to adapt to the current context. Consequently, the Ministry of Natural Resources and Environment drafted and submitted to the Government Decree No. 11/2021/ND-CP regulating the allocation of select marine areas for organizations and individuals to exploit and utilize marine resources, replacing Decree No. 51/2014/ND-CP.

Subsequently, Decree No. 11/2021/ND-CP addressed the limitations and constraints of Decree No. 51/2014/ND-CP, ensuring compatibility with current legal documents such as the Law on Fisheries, Law on Investment, Law on Planning, and Law on Administrative reforms.

Regarding mariculture, Decree No. 11 reiterates and expands on the provisions of the Law on Fisheries. Accordingly, procedures under Decree No. 11 are simpler compared to the general allocation of marine areas, and there is a strong decentralization to local governments in terms of jurisdiction.

For instance, district-level governments have jurisdiction to allocate marine areas in cases where no fees are charged as outlined under Article 44 of the Law on Fisheries. Additionally, the Decree expanded the authority of Provincial People's Committees by up to 6 nautical miles.

During the recent implementation of Decree 11, we have not observed or received any proposals, recommendations, or feedback directly related to the provisions of Decree 11 regarding the allocation of marine areas for mariculture.

Based on the information and feedback we have received, we assessed that current obstacles in mariculture may be linked to the planning and restructuring of mariculture areas towards industrial and modern approaches, as well as the issuance of mariculture licenses to households and individuals.

If we receive feedback and recommendations directly related to the provisions of Decree 11, we will conduct studies to propose amendments and supplements to meet practical requirements, thereby contributing to promoting the development of mariculture in accordance with the Party's directions and policies.

As you mentioned, the obstacles are related to the issuance of mariculture licenses. At the moment, the agricultural sector is responsible for issuing the license. Subsequently, the natural resources and environment sector will handle the allocation of marine areas. Would this process cause any overlaps?

I believe there is no overlap here. Each activity must meet the conditions and requirements and comply with the provisions of our general legal system, as well as specialized legal regulations. Furthermore, they must protect the rights and interests of each subject without affecting or conflicting with that of other subjects, for the common development goals of the country.

An application dossier for activities with an emphasis on marine resources must include a crucial document authorizing the exploitation and utilization of marine resources from a competent state agency. For mariculture license applications, this document is the mariculture license, under the authority of the fisheries management agency.

After organizations and individuals are granted mariculture licenses, they submit applications to competent state agencies for the allocation of marine areas. Similarly, for mineral exploitation activities on land, a mineral exploitation license must be obtained before the land allocation or leasing process.

The allocation of marine areas and the authority to allocate marine areas for mariculture are regulated by the Law on Fisheries and Decree No. 11. Accordingly, district-level People's Committees, provincial People's Committees, and the Ministry of Natural Resources and Environment are responsible for the allocation of marine areas for mariculture, depending on the project, site, jurisdiction over the issuance of mariculture licenses and other factors. The Law on Fisheries has clearly stipulated the jurisdiction to issue mariculture licenses and the jurisdiction to allocate marine areas for mariculture.

Given the unique nature of the marine area, which is a shared hub for various activities and influences, the allocation of marine areas must be thoroughly reviewed to ensure compliance with the laws of nature, and maintain the functions of these areas according to an ecosystem-based, integrated resource management approach. Furthermore, the allocation of marine areas must meet the requirements for logical and efficient resource exploitation; environmental protection; biodiversity conservation; protecting national defense, security, and sovereignty.

The lack of a National Marine Spatial Planning is not the cause for bottlenecks

The Law on Fisheries stipulates that the allocation of marine areas for mariculture purposes may last up to 30 years, with the possibility of extension for up to 20 years. The allocated areas must be located within the planned areas for aquaculture development. However, the National Marine Spatial Planning has not yet been issued. Many local governments consider this to be one of the "bottlenecks." What is your opinion on this matter?

After the Law on Planning was enacted by the National Assembly in 2017, we rearranged the system of planning, including two general plans for marine areas: the National Marine Spatial Planning and the Comprehensive Plan for Sustainable Exploitation and Use of Coastal Resources.

To implement these plans, the National Assembly, the Standing Committee of the National Assembly, and the Government allowed for the simultaneous drafting and approval of plans. Lower-level planning can be completed and approved beforer higher-level planning; however, they must be amended and adjusted to be consistent with higher-level planning.

As a the primary facilitator, the Vietnam Agency of Seas and Islands has completed the drafting of plans for marine. Subsequently, we have consulted with the Ministry of Natural Resources and Environment to submit the plans to competent authorities. Notably, the Comprehensive Plan for Sustainable Exploitation and Use of Coastal Resources has been finalized. It is currently being submitted to the Prime Minister for approval, as scheduled. The National Marine Spatial Planning will be submitted to the National Assembly for consideration and decision during the upcoming session.

Reportedly, the planning for coastal provinces has been fundamentally completed, with many plans already approved. The Ministry of Agriculture and Rural Development has also developed and submitted several plans related to mariculture activities.

Regarding the allocation of marine areas, Decree No. 11 has clearly stipulated that if there is no marine planning available, or the existing planning does not delineate the proposed marine areas, the allocation of marine areas shall be carried out based on the National Sectoral Planning, Regional Planning, Provincial Planning, or Technical and Specialized Planning.

Decree No. 11 also specified that if the aforementioned plannings are not available, the competent authority for marine area allocation will solicit opinions from relevant agencies to determine the location, boundaries, and area of the proposed marine area.

Consequently, I believe that there is currently no "bottleneck" in the planning for marine area allocation. Decree No. 11 has anticipated and designed comprehensive provisions to ensure that marine area allocation can be evaluated and decided under all circumstances, regardless of the state of existing plannings. The Decree is also suitable for the current context, and our current pace of planning activities.

Do you mean that the delay in issuing the National Marine Spatial Planning does not cause any difficulties in allocating marine areas for mariculture?

I can confirm that there is no such difficulty. Additionally, as we know, Vietnam has a vast marine area, covering millions of square kilometers. Moreover, the information and data we have are not sufficient to serve the detailed planning for each marine area. As a result, the content of the National Marine Spatial Planning will primarily focus on organizing and allocating areas for various sectors with the aim of maximizing the potential and comparative benefits of each sector and region of Vietnam's marine areas, and minimizing conflicts in exploitation and utilization of marine areas, thereby ensuring sustainable development. Conversely, the Planning will not indicate the purpose of each marine area in detail, except for prohibited exploitation areas, conditional exploitation areas, and areas requiring special protection.

What about the issues surrounding tidal boundaries? Local governments have criticized that the inability to determine tidal boundaries makes it difficult to determine the jurisdiction to allocate marine areas for mariculture.

The Ministry of Natural Resources and Environment has issued Technical Guidelines for determining the average high tide line and the lowest average seawater edge line in Decision No. 487/QD-BTNMT dated March 10, 2016; announced the lowest average seawater edge line in Decision No. 1790/QD-BTNMT dated June 6, 2018; and announced the outer boundary lines for the 3-nautical-mile marine area and the 6-nautical-mile marine area from the mainland in Decision No. 853/QD-BTNMT dated April 25, 2022.

The Vietnam Agency of Seas and Islands is currently focusing on determining and seeking approval for the lowest average seawater edge line and outer boundary lines for the 3-nautical-mile and 6-nautical-mile marine areas of the largest islands in island districts. However, due to limited resources, it will take significant effort to determine these lines, especially in terms of techniques and on-site inspections. We are making efforts to submit for approval within this year.

During this time, for specific cases, we will have detailed documents outlining the location, scope, and boundaries of the proposed marine area. Subsequently, relevant agencies will coordinate to determine which category the proposed area falls under, thereby determining the jurisdiction to allocate marine areas as stipulated.

A need to review current mariculture activities

What, in your opinion, is the current primary obstacle in allocating marine areas for mariculture?

Within the scope of our managerial functions and responsibilities, overall, we have not observed significant issues or complications arising from the allocation of marine areas for mariculture.

As previously stated, the challenge may lie in certain components of the application dossier for allocating marine areas, which falls under the jurisdiction of other agencies.

Furthermore, historically speaking, people have a communal mindset towards marine activities. Coastal residents have been closely associated with fishing and mariculture activities, some of which have been spontaneous.

Given the current context, there is a need for planning and organizing marine activities to maximize the potential and advantages of the marine environment based on strategic directions and management requirements. This includes the development of mariculture in a modern, industrialized manner, in close association with environmental protection and the preservation of marine ecosystems. Moreover, the issuance of mariculture licenses and the allocation of marine areas for mariculture purposes should be carried out in an effective manner. However, the process of restructuring, transitioning, and adhering to regulatory procedures may lead some individuals perceiving them as obstacles.

I believe there is a need to enhance information dissemination, promotion, guidance, and support to encourage a shift in mindset and behavior. This is essential to ensure the rights, interests, and clear delineation of the scope in which stakeholders are permitted to exploit marine areas, while also preventing potential disputes and conflicts. It aims to meet the requirements of sustainable mariculture development.

Many organizations and individuals wish to be allocated long-term marine areas to promote mariculture activities further. Do you have any advice for them?

To transform Vietnam into a strong, sustainable, prosperous, secure, and safe marine nation, according to the Sustainable Development Strategy for Vietnam's Marine Economy until 2030, with a vision towards 2045, I believe one of the crucial factors is the successful application of comprehensive management methods for marine resources based on an ecosystem approach, spatial marine management, logical exploitation, and efficient use of marine space. This includes planning and arranging marine areas for marine economic sectors, and allocating marine areas for exploitation and use.

The strategy emphasizes that the sustainable development of Vietnam's marine economy requires the participation of the entire government; and it is the right and obligation of all organizations, businesses, and Vietnamese citizens. It seeks to utilize the potential and advantages of the Vietnam's marine areas, thereby promoting the country's economic development while preserving its historical values and marine cultural identity. It ensures the rights, benefits, and responsibilities of stakeholders participating in sustainable marine economic development on the basis of fairness, equality, and compliance with the Constitution and regulations. Mariculture and marine exploitation are one of the six priority marine economic sectors within this strategy.

To implement the Party's viewpoints and strategies regarding sustainable marine economic development, as well as state policies and laws, I believe that the desire to be allocated long-term marine areas to promote mariculture activities is entirely justified.

Governmental agencies, including provincial and district People's Committees and specialized agencies, need to review existing mariculture activities; investigate, evaluate, and plan suitable mariculture areas with favorable conditions; expanding farming areas, utilizing the potential of water bodies, developing aquaculture in saline intrusion areas unsuitable for agriculture, and encouraging offshore aquaculture. Policies and support should be provided to introduce modern technologies into offshore aquaculture to ensure environmental protection and sustainable maritime economic development. Governmental agencies must provide further support to help organizations and individuals invest in and develop mariculture.

The fishing and mariculture activities of people across various coastal regions and islands in Vietnam have traditional characteristics that perhaps no other marine sector in our country possesses.

Governmental agencies, including provincial and district People's Committees and specialized agencies, need to review the state of existing mariculture activities; conduct investigations, assessments, and planning to organize suitable marine areas with favorable conditions; expand mariculture areas; utilize the potential of water surfaces; develop mariculture in areas where saltwater intrusion has made it impossible to continue agricultural production; encourage offshore mariculture. Policies and support are necessary to introduce modern technologies into mariculture, thereby promoting environmental protection and sustainable development of the marine economy.

In addition to support from the government, organizations, households, and individuals should also familiarize themselves with the laws and regulations to maximize the utilization of knowledge and long-standing experience. By applying modern and advanced technologies, they can collaborate to establish capable and large-scale organizations for mariculture, contributing to the development of the aquaculture economy in an environmentally friendly, cyclical manner, with a focus on marine conservation and culture, and ensuring national defense, security, and sovereignty.

"Based on the information and feedback that we have gathered, current challenges in mariculture may be linked to the planning and restructuring of mariculture areas towards industrial and modern approaches, as well as the issuance of mariculture licenses to households and individuals," commented Mr. Nguyen Thanh Tung.