Soon to have a Decree on sea encroachment

On May 18, Deputy Prime Minister Le Van Thanh asked the Ministry of Natural Resources and Environment to focus on developing a draft Decree on sea encroachment.

According to Resolution No. 134/2020/QH14 dated November 17, 2020, the XIV National Assembly assigned the Ministry of Natural Resources and Environment to complete the draft according to regulations. This is considered a basis for the Government to solve difficulties and obstacles in the implementation of sea encroachment projects.

It is expected that the ministry will submit the draft to the Government in the second quarter of 2021.

While the Decree on sea encroachment has not been issued yet, the Deputy Prime Minister directed the Ministry of Natural Resources and Environment to review the implementation of sea encroachment projects in the past time. From there, the ministry will assess specific difficulties such as the process of land allocation, land lease, impacts on the ecosystem, etc.

The Deputy Prime Minister also requested the Ministry of Natural Resources and Environment to coordinate with relevant ministries, authorities, and localities to solve priority problems.

Vietnam has a coastline of over 3,260km, passing through 28 provinces and cities. Coastal provinces and cities account for half of the country's area and population. Of which, 136 districts, towns, and cities are directly under the province and 675 communes, wards, and townships are adjacent to the sea.

Due to population pressure, the coastal area is currently the focus of development in the provinces and cities. It expands industries, tourism and accelerates urbanization.

Many large-scale sea encroachment projects in Vietnam have been put into use and are effective, such as Nam Dinh Vu (Hai Phong), Hung Thang (Quang Ninh), Da Phuoc (Da Nang), Rach Gia (Kien Giang).

However, due to climate change, the impact on natural and environmental conditions of sea encroachment projects is being reviewed. Many coastal areas are threatened by problems such as biodiversity loss, environmental pollution, coastal erosion.

One of the biggest controversies in recent times is the Can Gio encroachment project, which was approved in 2003. Many scientists believe that the project will adversely affect the Can Gio biosphere reserve and mangrove forests Can Gio, which is also a protective forest of Can Gio.

During the questioning session at the National Assembly, Minister of Natural Resources and Environment Tran Hong Ha said that the ministry had consulted with UNESCO on the Can Gio project.

"The investor and the ministry almost publicize the entire environmental impact report, so that domestic and foreign scientists can have opinions," Minister Ha said.

The Can Gio sea encroachment project (HCMC) had an initial scale of 821 hectares, of which 600 hectares were encroached on the sea and was started in 2007. But so far, many hectares of sea surface have been abandoned despite being leveled. Over the past 15 years, the project has been continuously adjusted in scale, but so far it has not been completed.

In a Government report at the end of 2020, the Ministry of Natural Resources and Environment said that there are many problems with the management of sea encroachment activities. However, the current law has almost no specific regulations for this activity.

The law on land only stipulates general principles on encouraging sea exploitation and sea encroachment activities. The investment law only provides for the authority to decide on investment policies and issue investment certificates.

In addition, the Law on natural resources and environment of sea and islands stipulates that the sea encroachment and the sea exploitation within the coastal protection corridor required the written approval from the Prime Minister. But encroachment activities are usually not within this corridor because they are outside the mean high-tide line for many years.

The law on environmental protection also stipulates that large-scale sea encroachment projects must assess the environmental impact, but does not require specific content.