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Official Gazette

Saturday, March 25, 2023

Sea encroachment-related regulations to be decreed

Updated: 14:42’ - 16/07/2021
The Ministry of Natural Resources and Environment (MONRE) has released a draft decree on sea encroachment, proposing regulations on sea encroachment areas and sea encroachment plans, the licensing of sea encroachment as well as the management and use of land areas reclaimed due to sea encroachment.

Vinhomes Long Beach invested by Vingroup in Can Gio district, Ho Chi Minh City__Photo:         

Accordingly, sea encroachment would not be carried out in protected areas, storm shelter zones, seaports, navigable channels and other areas planned for use for security or national defense purposes.

Sea encroachment areas must be determined with specific geographical locations, areas, boundaries and coordinates on topographic maps of seabed. Such areas must be included in sea encroachment plans issued by local authorities and approved by the MONRE.

The draft decree also specifies that a project would be licensed for sea encroachment if (i) complying with the approved sea encroachment plan, (ii) obtaining a written approval for sea encroachment and a decision on approval of the environmental impact assessment report or certification of the environmental protection plan, and (iii) developing lawful sea encroachment methods.

The Minister of Natural Resources and Environment would license sea encroachment to be carried out by projects with investment policy approved or decided by the National Assembly, Government and Prime Minister. Projects that have sea encroachment boundaries in two or more provinces and/or centrally run cities or have a sea encroachment area of at least 20 hectares or a sea encroachment boundary line of at least 1,000 meters would also be subject to licensing by the MONRE leader. Other sea encroachment projects would be licensed by provincial People’s Committees.

For licensed sea encroachment areas, the land management and use procedures regarding land allocation, land lease and grant of land use rights certificates must comply with the land law. In any case, a certain land area along the coast would be reserved for construction of public infrastructure works, including walkways to the sea to ensure the right of access to the sea of ​​the community.- (VLLF)

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