The urgency of the topic
After many years of ups and downs trying to defend and develop the country, it is proud to say that Vietnam has a long history and a distinguished culture It has been passed down to generations and to cultural and natural heritage in Vietnam.
In recent years, our world’s cultural and natural heritage has played an important role in building and renovating the country’s economy and social growth The fact that it has been designated as a world heritage site has made a great reputation worldwide Not only that, according to statistics, the number of tourists visiting places recognized as world heritage sites has increased rapidly, bringing many benefits to the country’s economy generally and to the region particularly Its attraction has created a premise for the expansion of tourism and other activities around the world’s heritage sites Because tourist growth at historic sites not only creates new jobs for thousands of local people nearby but also transforms the economic structure in certain areas, aiding in the development of cultural heritage sites Many traditional crafts and cultural activities (intangible culture) have been recovered and promoted to serve tourists once again.
Following its designation as a world heritage site, heritage has received increased attention from all levels and sectors at the local and national levels, both domestically and overseas, for the protection and promotion of historic values Vietnam’s heritages have been used to construct planning programs for value protection and promotion.
However, there are several restrictions on environmental preservation at natural heritage sites Evidence suggests that an increasing number of articles and news stories are being published criticizing ignorant actions that cause damage to the natural heritage area that must be preserved, or concerning news about the need to implement a strict conservation regime for world heritage sites in Vietnam.
One of the current issues of concern is the environmental conservation of the global natural heritage of Ha Long Bay, one of Vietnam's UNESCO world heritage sites. When the growth of coastal urban areas, industrial parks, services, and seaports puts a strain on the ecosystem in Ha Long Bay One of the factors affecting Ha Long’s environment is a lack of public knowledge, as well as poor infrastructure.
As a direct consequence, the authors decided on the topic “Law on natural heritage protection in Quang Ninh province” to conduct research on the current state of
2 the environment and provide orientations and suggestions for practical solutions to overcome and tighten environmental management in this destination.
The research scope of the topic
Regarding space, the essay’s subject, Ha Long Bay, is a world heritage site; as a result, the information and findings will be centered on studying this region in Quang Ninh province.
Regarding time, the regulations on the protection of the natural heritage of the current environmental law and other relevant legal documents, thereby clarifying the implementation of legal provisions in practice.
Research questions
During their investigation, the authors raised a critical question about the topic: “Is the Vietnamese legislation regulating the problem of environmental preservation of natural resources, particularly global natural heritage in Quang Ninh effective?” To clarify this issue, the authors submitted three different analysis research questions:
+ How are the concepts of natural heritage, and characteristics related to environmental protection of natural heritage by current Vietnamese law?
+ Has the law enforcement in the areas where there are natural heritages according to the law effective?
+ What orientations and proposed solutions will be suitable for the natural heritage environment in Vietnam at present?
Research hypothesis
In reality, the implementation of the legislation on natural heritage conservation in general, and Ha Long Bay heritage protection in particular, is still grossly insufficient.
To begin, considering the first point of view: “How is the notion of natural heritage, and its characteristics, related to natural heritage environmental protection by current Vietnamese law?” The writers concentrate on a broad study of the theoretical underpinnings of natural heritage, namely the concept, features, and relevant legislation for natural heritage conservation On that premise, the authors emphasize the significance of safeguarding natural heritage and offer regulatory ways to accomplish this goal. Next, referring to the second point of view: “Has the law enforcement in the areas where the natural heritage is located according to the law been effective?” The legal basis in the first point of view is the basis to learn more about the quality of law enforcement on environmental protection of natural heritage The writers assessed the legislative provisions and the effectiveness of this legit legislation nation for the conservation of natural heritage using research methodologies.
Finally, returning to the third point of view, “What approaches and proposed solutions would be adequate for the natural heritage environment in Vietnam at present?” After reviewing the legislative requirements, the writers identified the rules’ weaknesses and recommended some alternatives to strengthen the legislation on natural heritage conservation.
Research theory
At present, when the country is conducting industrialization and modernization, the protection of natural heritages, especially world heritages, is becoming more and more important The appearance of the Law on Environmental Protection 2020, Decree No.08/2022/ND-CP signed on January 10 , 2022, by the Government, Decree No th 109/2017/ND-CP signed on September 21 , 2017 of the Government, Circular th 02/2022/TT-BTNMT, Official Letter No 1225/BTNMT-TCMT has set out the purpose of concretizing the guidelines and policies of the Party and the State on protecting and promoting the values of natural heritages in the context that our country is promoting strong development In addition, the thesis is researched based on close monitoring of statistics and data in the field of heritage environmental pollution to be able to collect possible instrumental information and draw correct conclusions most correct.
Research Methodology
The research methodologies employed in the topic study:
Methods of information gathering: search, collect, and analyze information from available sources related to the research problem, such as laws and government decrees; regulations of central and local ministries and branches; theses; reports; and legal websites about the implementation of the law on the protection of natural heritage in our country in general, and Quang Ninh province in particular.
Methods of analysis and synthesis: in Chapters 1 and 2, methods are used to analyze the theoretical bases and legal provisions on the protection of natural heritage under current Vietnamese law, thereby discovering the limitations and causes of the problem and proposing appropriate solutions to address the shortcomings and inadequacies in natural heritage protection.
Statistical methods: statistical analysis, data analysis from Quang Ninh province authorities’ reports.
Meaning of the topic
Theoretically, explain the environmental legal requirements on natural heritage conservation and practice research, drawing lessons from practice on the execution of rules on natural heritage protection in Vietnam Assessing the good elements as well as
4 the limits of Vietnam’s legal framework for protecting the natural heritage of Quang Ninh province and giving ideas and solutions to strengthen the legal laws on research and development concerns.
In practical terms, the research results can serve the management and conservation of natural heritage; provides practical information, along with reference solutions for managers on the implementation of environmental protection laws from the practice ofQuang Ninh province In addition, the essay can be used as research and reference material.
Structure of the research
The structure of the document topic outside the introduction, the conclusion, and the list of references, the essay consists of 3 chapters:
Chapter 1: Overview of natural heritage and legislation on natural heritage protection.
Chapter 2: Law practice on the protection of world natural heritage Ha Long Bay.Chapter 3: Solutions to perfect the law and improve public management and protection of world natural heritage.
OVERVIEW OF NATURAL HERITAGE AND
Common issues about natural heritage
1.1.1 The concept of natural heritage
According to Article 2 of the Convention for the Protection of the World Cultural and Natural Heritage, signed in 1972, there are provisions on objects considered natural heritages as follows:
“Natural features consisting of physical and biological formations or groups of such formations, which are of outstanding universal value from the aesthetic or scientific point of view;
Geological and physiographical formations and precisely delineated areas that constitute the habitat of threatened species of animals and plants of outstanding universal value from the point of view of science or conservation;
Natural sites or precisely delineated natural areas of outstanding universal value from the point of view of science, conservation or natural beauty.” 1
For this Convention, the following shall be considered as “natural heritage”: Natural heritage is a concept often used to distinguish it from cultural heritage (including architectural monuments, historical sites, etc., created by a human impact). Natural heritage is not created by humans, people always play a decisive role in preserving and promoting its values Depending on its exceptional international value in terms of science, conservation, or natural beauty, a natural heritage may be recognized by the United Nations Educational, Scientific and Cultural Organization (UNESCO) recognized as a world natural heritage 2
To ensure the consistency of a system, natural heritage is determined according to the provisions of Clauses 1, 2, Article 20 of the Law on Environmental Protection 2020 and Clauses 1, 2, 3, Article 19 of Decree No 08/2022/ND-CP The national system of natural heritage areas should be prioritized for management and conservation resources.
In which the existing objects in practice are recognized, and things that are not listed in the current legal system are supplemented and stipulated As follows:
Natural heritage is an object that has been established under other laws: National parks, nature reserves, habitat/species management areas, landscape protected areas
1 Clause 2, Convention concerning the Protection of the World Cultural and Natural Heritage, https://www.unesco.org/en/legal-affairs/convention-concerning-protection-world-cultural-and-natural-heritage, accessed on 5th Nov 2022.
2 Nguyen Hang, Some provisions on protection of natural heritages in the Law on Environmental Protection in 2020, http://tapchimoitruong.vn/phap-luat chinh-sach-16/mot-so-quy-dinh-ve-bao-ve-di-san-thien-nhien-trong-luat-bao- ve-moi-truong-nam-2020-26161, accessed on 5 Nov 2022 th
6 established in accordance with the law on biodiversity, forestry, and fisheries; landscapes recognized as cultural heritage established in accordance with the law on cultural heritage 3
Natural heritage sites recognized by international organizations: World natural heritage; world biosphere reserve; global geopark; wetlands of international importance (the Ramsar site); The ASEAN Heritage Park (AHP) and the World Heritage Sites are recognized by international organizations 4
Other natural heritage is an area established and recognized according to the provisions of Point c, Clause 1, 2, Article 20 of the Law on Environmental Protection and Clauses 1, 2, 3, Article 19 of Decree No 08/2022/ND-CP Accordingly, other natural heritages include the following three objects: biosphere reserves, geoparks, and other areas that meet one of the criteria specified in Clause 2, Article 20 of the Law on Environmental Protection 2020 and Clause 1, Article 19 of Decree No 08/2022/ND-CP dated January 10 , 2022 th
Thus, the regulation of objects as natural heritage recognized by international organizations and other natural heritages, especially biosphere reserves and geoparks has contributed to completing the corridor juridical on the management and protection of these objects in current practice.
1.1.2 Criteria for establishing and recognizing natural heritage in Vietnam according to the Law on Environmental Protection 2020
Currently, Vietnam owns a large number of cultural and natural heritages nationwide To improve the quality of each heritage to help bring the national heritage to the world, Clause 2, Article 20 of the Law on Environmental Protection 2020 has specified the criteria for establishing and recognizing natural heritages in Vietnam as follows:
First, they are of outstanding, unique, or exceptional natural beauty.
Second, to have typical value in ecological, biological evolution, or natural habitat of endangered, precious, rare, endemic species or contain specific ecosystems, representing a natural eco-region or having other special biodiversity value to be conserved.
Third, to have outstanding features, unique in geology, and geomorphology, or contain material traces of the development stages of the Earth.
3 Point a, Clause 1, Article 20, Law on Environmental Protection in 2020, accessed on 5 Nov 2022 th
4 Point b, Clause 1, Article 20, Law on Environmental Protection in 2020, accessed on 5 Nov 2022 th
Fourth, they play a significantly important role in climate regulation, water protection, ecological balance, and provision of ecosystem services.
In addition to the above criteria, the establishment and recognition of natural heritage must also be assessed according to the level of positive and meaningful impacts on communities, localities, countries, regions, and the globe.
1.1.3 Criteria for establishment and recognition of world natural heritages in accordance with UNESCO regulations
A world heritage site is a landmark or area selected by the United Nations Educational, Scientific and Cultural Organization (UNESCO for short) of cultural, historical, scientific, or formal value, which has different meanings and is legally protected by international treaties These sites are considered important for the collective interests of mankind.
A place can be a site, monument, or scenic spot of a country such as a forest, mountain range, lake, desert, building, architectural complex or city, etc., made by countries that are parties to the Convention World Heritage site nominated for the World Heritage Committee, recognized and managed by UNESCO UNESCO will then catalog, name, and preserve culturally or naturally prominent sites for the common human heritage Places inscribed on the World Heritage List may receive funds from the World Heritage Fund under certain conditions This Commission was established by the Convention for the Protection of the World Cultural and Natural Heritage, the World Heritage Convention for short, which was accepted by the General Assembly of UNESCO on 16 November 1972 In the system of UNESCO’s title, world heritage is the th most prestigious and oldest title 5
To be inscribed on the World Heritage list, a property needs to meet one or more specific cultural or natural criteria and must demonstrate its intact or original values. Specifically, to be inscribed on the UNESCO World Heritage List, the property of that country must meet the cultural standards under the World Heritage convention approved by the UNESCO World Heritage Committee check again By 2005, this was revised to have only a set of 10 criteria, of which the first 6 are cultural heritage, and criteria 7 to 10 belong to natural heritage including the following criteria: 6
5 Nguyen Hoang Tuan, World heritage site in Viet Nam, http://c2lequidon.vinhlong.edu.vn/tin-tuc-thong-bao/di-san- the-gioi-tai-viet-nam.html, accessed on 5th Nov 2022.
State management of natural heritage protection
1.2.1 Regulations on organization of management of natural heritage
Organizing the management of natural heritage has been clearly defined, ensuring compliance with the guidelines, policies, and laws of the State, and at the same time creating an important legal basis for localities to mobilize resources and implement effective management activities of natural heritages in the area.
1.2.1.1 Requirements for the Management Board of Natural Heritage
Natural heritage management boards must meet the criteria of capacity to manage and protect the environment (which can be understood as factors in terms of several human resources, professional qualifications, and factors of material and technical foundations for the management and protection of the natural heritage environment) At the same time, the management board is responsible for organizing, mobilizing forces and resources, managing and protecting the environment of natural heritage, approving regulations and plans; organizing the monitoring and timely prevention of acts of infringing upon natural heritage; organizing ticket sales, collection of entrance fees and services; manage and use revenue sources in accordance with law; propaganda to raise awareness and participation of the community in the protection and management of natural heritage; participate in the management, association, and supervision of investment activities, environmental protection, nature conservation, biodiversity in the area of natural heritage; perform other tasks assigned by competent authorities 8
1.2.1.2 The establishment of a management board for natural heritage
The establishment of a natural heritage management board is prescribed at Points b, c, d, Clause 6, Article 21 of Decree No 08/2022/ND-CP, and practical conditions of each locality in order to effectively manage the heritages natural products, environmental protection, nature conservation, and biodiversity.
For the world biosphere reserve and global geopark located in a large area, with production areas and residential areas, the provincial People’s Committees shall establish an interdisciplinary management board and ensure natural resources, operational force to
8 Point b, Clause 6, Article 21, Decree 08/2022/ND-CP, accessed on 5 Nov 2022 th
11 manage and protect the environment, preserve nature, and biodiversity according to the provisions of this Decree and relevant laws 9
Natural heritage in the area of a province or centrally run city: in case the natural heritage is a nature reserve or a scenic beauty spot, a management board is established or an organization is assigned to manage the natural heritage according to the provisions of the law on biodiversity, forestry, fisheries, and cultural heritage In case the natural heritage has nature reserves or scenic spots managed by different management boards or assigned to different organizations to manage, the provincial People’s Committees shall decide to arrange or assign only a management board or an organization capable and secure the resources to manage that natural heritage Or the People’s Committee of the province shall decide the model of the management board or assign the organization to manage the natural heritage in accordance with the practical conditions of the locality 10
In case the natural heritage is located in an area of two or more provinces or centrally run cities or is located on a sea area where the administrative management responsibilities of the provincial-level People’s Committees have not been determined, the Ministry of Natural Resources and Environment shall submit to the Prime Minister for decision the organizational model of management, or to merge or assign a management board or assign an organization to manage such natural heritage
1.2.1.3 Requirements for the formulation of regulations and plans on environmental management and protection of natural heritage
Responsibility for approving regulations and plans: Provincial-level People’s Committees shall organize the formulation and approval of regulations and plans on environmental management and protection of natural heritage located in the province according to the form specified in Clause 1 of Article 9 of Circular No 02/2022/TT- BTNMT; The Ministry of Natural Resources and Environment shall organize the elaboration and approval of regulations and plans on the management and environmental protection of natural heritage for natural heritages located in two or more provinces and centrally run cities or on sea areas where the administrative management responsibilities of the provincial People’s Committees have not been determined.
For natural heritages that already have regulations, plans, and management plans before Decree No 08/2022/ND-CP takes effect, competent agencies shall approve regulations, and plans, Such management plan is responsible for integrating and updating the contents as prescribed in Decree No 08/2022/ND-CP into the regulations, plans, and
9 Point b, Clause 6, Article 21, Decree 08/2022/ND-CP, accessed on 5 Nov 2022 th
10 Point c, d, Clause 6, Article 21, Decree 08/2022/ND-CP, accessed on 5 Nov 2022 th
12 plans in accordance with the law on biodiversity and forestry, aquatic products and cultural heritage within 06 months from the effective date of Decree No 08/2022/ND-CP.
1.2.2 Regulations on environmental protection of natural heritage
The content of environmental protection of natural heritage has been specified in Article 21 of the Law on Environmental Protection 2020 and Clause 7, Article 21 of Decree No 08/2022/ND-CP with the following basic requirements:
First, agencies, organizations, residential communities, households, and individuals have the responsibility to protect the natural heritage Organizations, residential communities, households, and individuals participating in the management and protection of the natural heritage environment shall enjoy benefits from payment for natural ecosystem services in accordance with the law.
Second, production, business, and service activities in the core zone of the natural heritage are controlled as a strictly protected area and in the buffer zone of the natural heritage are controlled as for restricted area emissions in accordance with the law on environmental protection.
Third, the natural ecosystems in the natural heritage must be prioritized to preserve and restore the natural status; the soil and water environment in the polluted or degraded natural heritage must be improved and restored.
Fourth, the core values of nature and biodiversity of the natural heritage must be protected and preserved intact; natural ecosystem services of natural heritage must be maintained, developed, and used sustainably.
Fifth, the specific criteria of geology, landscape, ecology, and biodiversity of natural heritage must be investigated, evaluated, monitored, monitored, inventory, and reported according to regulations.
Sixth, to comply with other requirements on environmental protection, prevention, and control of impacts on the environment, biodiversity of natural heritage as prescribed in Decree No 08/2022/ND-CP, provisions of relevant laws and regulations of international treaties on environment and biodiversity that Vietnam has signed.
The responsibility for environmental management and protection of the natural heritage is specified in Clause 8, Article 21 of Decree No 08/2022/ND-CP, in which theMinistry of Natural Resources and Environment assists the Government in uniform management and environmental protection of natural heritage, formulation, promulgation and submission of legal documents; organize the implementation, inspection, and examination of the observance of laws and technical instructions on the management and protection of the environment of the natural heritage Provincial-level People’s
LAW PRACTICE ON THE PROTECTION OF NATURAL
Overview of the world natural heritage Ha Long Bay
Ha Long Bay has been recognized by UNESCO as a world natural heritage twice. The 18 Conference of the World Heritage Committee, meeting in Phuket (Thailand) on th December 17 , 1994, recognized for the first time Ha Long Bay as a World Natural th Heritage with the criteria (vii): on the beauty of the landscape, and recognized for the second time with criterion (viii): on geological value at the 24 Conference of the World th Heritage Committee meeting in Cairns, Queensland, Australia (December 2 , 2000) nd 14
Ha Long Bay is located in the northeast of Vietnam, in the territory of Quang Ninh province, 165 kilometers from Ha Noi capital Ha Long Bay has an area of about 1,553:m² with 1,969 islands (of which 980 islands have names) creating interesting scenes The UNESCO World Heritage Site covers an area of 434 :m², including 775 islands, of which 411 have been named This is the place where many famous rocky islands, caves, and beaches are gathered.
Ha Long Bay has a unique island landscape that includes marine valleys, intertidal regions where parrots thrive, and limestone islands with high cliffs The rocky islands are mostly limestone islands (more than 90%), with varying heights (from 50 to 200 meters). Furthermore, Ha Long Bay features several land islands that are populated by people, animals, and lush flora Ha Long Bay’s seabed morphology is rather flat, with an average depth of 5 to 10 meters and certain waterways having an average depth of 15 to 29 meters 15
Currently, Ha Long Bay retains numerous characteristic tropical marine habitats like hills, caves, mangroves, conifers, coral reefs, seagrasses, and so on These habitats are spread out The average sea temperature in a region with a reasonably moderate climate ranges between 19 and 25 degrees Celsius, making it a very desirable home for living creatures Over the years, research has revealed that there are over 300 species of fish, 545 species of seabed invertebrates, 154 kinds of corals, 35 species of plankton, 139 species of seaweed, 5 species of seagrasses, and 5 species of seagrasses in Ha Long Bay.There are 31 different types of mangrove plants These habitats have contributed to HaLong Bay's relatively high biodiversity value.
Environmental situation in Ha Long Bay
14 Department of cultural heritage, World cultural and natural heritage, http://dsvh.gov.vn/vinh-ha-long-476, accessed on 5 Nov 2022 th
15 Ha Long Bay Management Board, Natural conditions of Ha Long Bay, https://halongbay.com.vn/dieu-kien-tu- nhien-tt2905.html, accessed on 5 Nov 2022 th
According to the Ha Long City People’s Committee, the quantity of waste now collected in Ha Long Bay has not dropped but is rising According to EPPIC Project statistics, the Ha Long Bay area generates 28,283 tons of plastic waste per year, of which approximately 5,272 tons of plastic waste can be leaked into the ocean; every day, 34 tons of waste are generated from sightseeing activities, the majority of which is floating plastic waste thrown into the sea by residents and tourists 16
The cause of increasing amount of garbage appearing on the bay comes from garbage floating from Lan Ha Bay (Cat Ba District, Hai Phong City) The collected waste is of all kinds, but most of it is bottles, plastic bags, and foam floats According to the Ha Long Bay Management Board, the trash is foam buoys mostly from Lan Ha Bay and partly from Bai Tu Long Bay, because in the Ha Long Bay area, the government has banned the use of porous materials as buoys for houses rafts that are replaced by plastic floats In addition, a part of tourists from the hourly sightseeing boat, even from the overnight ship, still littered the sea.
The water quality in the bay is getting worse and worse because floating fishing villages use foam floats In a recent marine clean-up campaign on several beaches, jointly conducted by IUCN and Au Co Cruises with the participation of 100 volunteers, it was found that by far the biggest challenge was foam buoys, which account for 90% of all managed trash Styrofoam is particularly damaging to the environment because once it is 17 damaged and broken into pieces, it is nearly impossible to collect by hand During the sea cleanup campaign, although some boats piled up with foam buoys, the volunteers still had to move to the trash bin behind because there were still a lot of them In some other cases, there is no better option than to burn the pile of foam material, to prevent it from being washed back into the sea The problem of foam buoys on the bay is becoming serious now and the government and authorities of Quang Ninh province are taking this issue seriously 18
2.2.2 Pollution sources from domestic wastewater from cruise ships
Visiting Ha Long Bay by boat is one of the most attractive ways of tourism in the area According to the International Union for Conservation of Nature (IUCN), Ha Long Bay has 492 tourist boats operating in Ha Long Bay of which 32 are day boats and 169
16 Chu Khoi, Ha Long "declares war" on plastic waste, https://vneconomy.vn/ha-long-tuyen-chien-voi-rac-thai- nhua.htm, accessed on 5 Nov 2022 th
17 Tuyet Chinh, Solving the problem of foam buoys on Ha Long Bay, https://baotainguyenmoitruong.vn/giai-quyet- van-nan-phao-xop-tren-vinh-ha-long-245588.html, accessed on 5 Nov 2022 th
18 Ho Quang Huy, Ha Long City People's Committee, https://baotainguyenmoitruong.vn/giai-quyet-van-nan-phao- xop-tren-vinh-ha-long-245588.html, accessed on 5th Nov 2022.
20 are overnight boats The average number of passengers per cruise is 19 for the day boats and 18 for the overnight boats On average the number of cruises made per day by day boats is 220 and 90 by overnight boats 19
According to the calculation based on the daily amount of waste (based on the data investigated in the final report – Ha Long Bay Waste Collection and Treatment: USAID and IUCN), on average each visitor will emit water gray water is 5 liters/time, black water is 15 liters/time The total amount of wastewater generated on board each passenger is 1,200 liters/per time The amount of domestic water consumed in a day is 2 to 3 m³. For accommodation ships, the amount of wastewater is much larger than for hourly ships. The daily pollutant load from these cruise ships is 101,9 m³ of gray water and 386,7 m³ of black wastewater On average, more than 60,000 m³ of daily-life wastewater is discharged, only about 12% of the wastewater is discharged onshore, and most of the rest is discharged into the bay, but we only treat 38% In addition, many untreated 20 wastewater sources from hotels, restaurants, and motels on the island and wastewater from residential areas and urban areas on the shore are also being discharged directly into the sea.
Table Pollutant load from tourism activities in the
Ha Long Bay - Bai Tu Long area (ton/year) 21
With tens of thousands of visitors visiting Ha Long Bay every day, a significant volume of home wastewater
19 IUCN, Report on the advisory mission to Ha Long Bay world heritage site, Quang Ninh Province, Viet Nam, https://www.iucn.org/sites/default/files/content/documents/2019/iucn_advisory_mission_ha_long_bay_final.pdf, accessed on 5th Nov 2022.
20 Luu The Anh, Institute of Natural Resources and Environment (Ha Noi National University), https://baoquangninh.com.vn/danh-gia-suc-tai-moi-truong-quan-tri-phat-trien-ben-vung-khu-di-san-thien-nhien-the- gioi-vinh-ha-lon-3191135.html, accessed on 5 Nov 2022 th
21 Chapter 3, Environmental load capacity of Ha Long Bay and Bai Tu Long, https://www.researchgate.net/publication/258665019_Suc_tai_moi_truong_Vinh_Ha_Long_-
_Bai_Tu_Long_Environmental_capacity_of_Ha_Long_-_Bai_Tu_Long_Bay, accessed on 5 Nov 2022 th
(including black and gray water) and oil-containing wastewater is thrown into the sea, damaging water sources and generating ugly landscapes View of the bay, the geological values of the site are not yet endangered, but the predicted increase in visitors will gravely jeopardize the site's high global qualities (especially aesthetic value) without these elements and strategies to handle tourism and rubbish effectively.
2.2.3 Pollution sources from industrial zones
Coal mining, thermal power, and shipbuilding are among the strong industries of Quang Ninh province Coal mining and processing, in particular, contribute to a substantial proportion of industrial production, having a significant influence as well as posing a danger to Ha Long Bay.
According to Ha Long City and Cam Pha City figures, Bai Tu Long Bay currently has 12 open pit coal mines, 17 underground coal mines, 15 ports, and 4 homes A coal sorting machine is in operation, and coal mining production in this area is estimated to be over 35 million tons per year Many open-pit mines have already exceeded the permissible limit of -300 meters (above sea level), yet they continue to drill, explore, and exploit despite the adverse impacts of the geological structure, which serves as the foundation for subsequent disasters such as landslides, salinization, and ecological change.
Coal mining and processing generate a large amount of waste rock and wastewater. The total quantity of mining effluent produced each year is around 58.9 million m³, but only approximately 25.9 million m³ can be processed; the remainder is discharged directly into rivers and streams, eventually entering the bay According to a report by the 22 Vietnam National Coal and Mineral Industries Group (TKV), the amount of waste discharged by coal production units has averaged 210 million m³/year in recent years (the Cam Pha coal area accounts for approximately 150 million m³/year, while the Ha Long coal area accounts for 45 million m³/year) Especially dangerous are the current waste dumps along the shores of Ha Long Bay, which are Nam Deo Nai dumping grounds with an area of 230 hectares, and Cua Ong landfills with 125 hectares of coal that are always overloaded.
Currently, the Ha Long - Bai Tu Long Bay area must receive around 43 thousand tons of COD, 9 thousand tons of BOD, and 135 tons of heavy metal every year These are
22 Tien Khanh, Environmental implications of Ha Long Bay from coal mining activities, https://baophapluat.vn/he- luy-moi-truong-vinh-ha-long-tu-hoat-dong-khai-thac-than-post225129.html, accessed on 5 Nov 2022 th
22 oxidants that are prevalent in garbage, and the majority of pollution sources are not treated before they are discharged into the environment 23
Situation of implementation of environmental laws at the World
2.3.1 Heritage management and conservation policies in Quang Ninh province
In the face of the Committee for Cultural Heritage’s very severe annual evaluation, the Party Committee, administration, and people of Quang Ninh province have made consistent efforts over the years to maintain and safeguard Ha Long Bay’s World Heritage designation World Heritage Site via the Advisory Agencies’ monitoring report on the level of heritage conservation From the system of documents to internalize the commitments of treaties and international conventions, Quang Ninh province has issued regulations for the integrated management and effective and strict protection of heritage resources, such as Decision No 06/2019/QD-UBND dated January 29 , 2019, on th promulgating regulations on management, protection, and promotion of the value of the World Natural Heritage of Ha Long Bay, including 4 chapters and 45 articles, specifying conditions for operation and content of tourism services, rights, and obligations of organizations and individuals involved in this activity To manage and preserve as well as sustainable development of typical values of Ha Long Bay, specifically, preserving the status quo of landscape, geological and geomorphological values; biodiversity values; cultural and historical values; and effectively managing socio-economic development activities on Ha Long Bay.
Based on the provisions of Decree No 109/2017/ND-CP on the protection and management of World Cultural and Natural Heritage in Vietnam, the professional advice of the Ministry of Culture, Sports and Tourism calendar, Cultural Heritage Department, Vietnam National Committee for UNESCO, scientists and experts in the field of heritage management of Vietnam and UNESCO, together with the results of the assessment of the effectiveness of heritage management in Ha Long Bay Certificate of the Toolkit
“Enhancing the Value of Our Heritage” issued by UNESCO/IUCN and the practice of management, Ha Long Bay Management Board has presided over and coordinated with relevant departments, branches, and localities of Quang Ninh province to develop the Ha Long Bay World Natural Heritage Management Plan from 2020 to 2025, with a vision for the future 2040, which sets out 01 general goal, 03 goals, and 19 specific targets with 10
23 Institute for Environment and Resources, https://baophapluat.vn/he-luy-moi-truong-vinh-ha-long-tu-hoat-dong- khai-thac-than-post225129.html, accessed on 5 Nov 2022 th
23 groups of basic solutions to perform tasks in the fields : (1) Management, preservation, 24 and promotion of Heritage values; (2) Directing and enhancing the roles and responsibilities of businesses, communities, and tourists in protecting and promoting the Heritage; (3) Propagating, promoting, and educating the community; (4) Inspect, supervise and handle violations on Ha Long Bay; (5) Responding to climate change and natural disaster prevention, search and rescue; (6) Expand and improve the efficiency of national and international regional cooperation; (7) Applying smart technology in heritage management, protection, and promotion; (8) Developing human resources for Heritage protection The plan has also forecasted the risks affecting the World Natural Heritage Ha Long Bay, established indicators and indicators to periodically monitor the conservation status, and evaluate the effectiveness of heritage management nature
In addition, Quang Ninh province issued Plan No 242/KH-UBND on environmental protection for sea and island tourism activities in the province by 2030, to raise awareness and orient behavior environmental protection behavior of entities involved in sea and island tourism activities in the province Accordingly, all tourism activities in the area of Ha Long Bay, island communes, and islands in the province do not violate the prohibitions in the Law on Environmental Protection; Law on Biodiversity; Law on natural resources and environment of sea and islands; Law on Tourism and other legal regulations on environmental protection.
Along with the participation of agencies and sectors, Ha Long Bay Management Board also developed a set of criteria for monitoring biodiversity resources to monitor priority terrestrial species; assessment of the current status of mangrove and tidal flat ecosystems without mangroves; survey, zoning for conservation of some areas of high biodiversity value on the bay; preserve and promote some typical cultural values of fishing villages on the bay; implementing the process and procedures of archaeological exploration for three locations ( Trinh Nu cave, Trong cave, Me Cung cave); survey, take measures to prevent and handle the risk of landslides in some areas on the bay 25
2.3.2 Law enforcement on heritage environmental protection in Ha Long Bay 2.3.2.1 Some current environmental protection measures in Ha Long Bay
24 Pham Dinh Huynh, Heritage management plan - one of the tools for effective management of World Heritage Ha Long Bay, https://halongbay.com.vn/ke-hoach-quan-ly-di-san-mot-trong-nhung-cong-cu-de-quan-ly-hieu-qua-di- san-the-gioi-vinh-ha-long-tt2941.html, accessed on 5 Nov 2022 th
25 Bao Binh, Strengthening the management, conservation and promotion of the value of the World Natural Heritage site of Ha Long Bay, https://baoquangninh.com.vn/tang-cuong-quan-ly-bao-ton-va-phat-huy-gia-tri-di-san-thien- nhien-the-gioi-vinh-ha-long-2515507.html, accessed on 5 Nov 2022 th
Faced with enormous issues damaging the bay’s biological environment, Ha Long City has adopted several radical remedies to safeguard the bay's ecosystem, as directed by the Provincial People’s Committee The installation of oil-water separators for cruise ships on Ha Long Bay is one of the measures to limit the impact on the water environment on the Bay that Ha Long City has actively adopted in recent years Until now, all cruise ships operating in the Gulf had been outfitted with oil-water separators 26
As a result, the situation of cruise ships dumping untreated effluent tainted with oil straight into Ha Long Bay has been eliminated The result of finishing the installation of oil-water separators for cruise ships is quite favorable According to periodic monitoring data in selected locations, the indicators are assured by the Ministry of Natural Resources and Environment's criteria 27
Quang Ninh province has invested funds in 40 machines, 3 wastewater treatment plants, 10 huge floating garbage cans, and 117 trash cans at tourist destinations Functional forces conduct frequent checks on potentially harmful activity, and the chance of causing environmental contamination; the army is dispatched to collect daily-life solid trash at waterways, routes, service locations, the island’s foot, and the sandbank. Furthermore, all floating constructions in the region of absolute heritage protection have been replaced by foam buoys made of sustainable and ecologically benign materials The province has rigorously protected five regions with great biodiversity, a concentration of rare and unique species on Ha Long Bay, and valuable flora Quang Ninh has organized biodiversity conservation missions, banned fishing in the absolute protection zone, implemented 14 projects under the Provincial Environmental Improvement Project, stopped loading and unloading bulk goods clinker, cement, and wood chips, and relocated all raft houses on the bay to preserve the heritage To provide visitors with ease, Ha Long City has heavily invested in and implemented information technology in the management of tourism services Since 2017, the Ha Long Bay Management Board has established and run a microwave data transfer system, as well as restored and enhanced the camera system at its headquarters and Ha Long Bay attractions The Ha Long tourism hotline is always open 24 hours a day, 7 days a week to address and resolve complaints, recommendations, and inquiries from enterprises and visitors about production management.
26 Thu Thuy – Thao Sam, Quang Ninh: Efforts to protect the marine environment for a green Ha Long, https://moitruongxaydungvn.vn/quang-ninh-no-luc-bao-ve-moi-truong-bien-vi-mot-ha-long-xanh, accessed on 5 th
27 Le Van Tuan, Department of Environmental Management, Ha Long Bay Management Board,https://www.quangninh.gov.vn/pinchitiet.aspx?nidi727, accessed on 5 Nov 2022 th
Moreover, Ha Long City also strengthens propaganda, education, and awareness raising for the community, focusing on objects such as fishermen, tourists, and people participating in economic and social activities on and along the bay; arranging human resources and means to collect and treat waste at attractions, and residential areas of fishing villages on the bay and transport them to shore for treatment; propagating for fishermen to raise awareness of ecological environment protection and limit the discharge of waste directly into the sea.
Currently, the province is consulting experts to develop a plan to build a nature reserve in the historic core of Ha Long Bay, as well as a project to protect the environment and conserve biological species With the purpose of preserving Ha Long Bay culture and developing sustainable tourism from 2021 to 2030, with a vision to 2050. Along with the management of Quang Ninh authorities at all levels, the promotion of cooperation with international projects in order to mobilize more resources and access solutions to protect the environment of Ha Long Bay effectively, sustainability has also achieved positive results Typically, the JICA Project funded by the Japanese Government with a capital of more than 100 million yen (more than 20 billion VND) has been effectively implemented since 2009, with many activities such as afforestation, research application of collection, collection and classification of waste, education, and propaganda to raise people’s awareness, etc The Department of Natural Resources and Environment has been coordinating with two Japanese companies to implement the project “Improving the water environment through the application of an independent, non-collecting, non-dispersing wastewater treatment system in the Gulf of Tonkin.” Ha
Long - World Natural Heritage Ha Long Bay Management Board has also received and installed 7 biological toilet systems (Bio-Toilet), and 7 new wastewater treatment systems (New Jhoka system) in Ha Long Bay area and research and apply Biofast technology to the domestic wastewater treatment at attractions on the bay to improve the water environment 28
2.3.2.2 Sanctions for violations of environmental laws in Ha Long Bay
In addition to implementing regulations and plans on environmental protection as well as strengthening propaganda, education, and awareness raising for the community,
Solutions to improve the efficiency of law enforcement in the
First, to conduct a review to supplement and complete the system of planning on the management and development of world natural heritage tourism in Ha Long Bay to orient effective tourism activities The orientation of heritage tourism development planning, coupled with the conservation and promotion of heritage values, should be considered a key intervention tool of management agencies in the area today. Accordingly, Quang Ninh province needs to increase the level of detail and specificity for plans in the immediate period from 2021 to 2030 and increase orientation for the next period to 2050 39
Second, for the planning to be implemented on schedule and effectively, it is necessary to strengthen the inspection and supervision activities of the management agency Therefore, it is necessary to clearly define the functions of departments, agencies, and sectors and to set up a regular inspection and evaluation schedules every 3 months, 6 months, 9 months, and annually After the inspection and assessment, there should be prompting and adjustment by actual fluctuations In addition, it is necessary to regularly review the planning conditions to have regulation in two directions: keeping the planning objectives and implemented models unchanged, and creating conditions suitable to the regulatory requirements plan if these conditions change.
38 Nguyen Quoc Hung, Conservation and promotion of cultural and natural heritage values - Limitations and solutions,http://thuvienso.bvu.edu.vn/bitstream/TVDHBRVT/11235/2/000000CVv219S062006023.pdf? fbclid=IwAR0qQMsRPOJYjuWL2FUsqdFat66BI_MninyiH1XXzODs_s1j1lBlERC7TLo, accessed on 5 Nov th
39 Truong Thi Ngoc Lan, State management of Ha Long Bay tourism in a sustainable way, https://www.quanlynhanuoc.vn/2021/07/22/quan-ly-nha-nuoc-ve-du-lich-vinh-ha-long-theo-huong-ben-vung/, accessed on 5th Nov 2022.
Third, policies promulgated to manage the natural heritage of Ha Long Bay need to be promulgated synchronously such as policies to encourage and support the creation of favorable conditions for the correct implementation of planning objectives, and proposed plans At the same time, regularly conduct surveys of managers, experts, residents, and visitors to advise the authorities to develop clear policies and regulations on natural heritage management a development roadmap to be able to exploit tourism potential effectively while preserving and promoting the value of Ha Long Bay.
Fourth, renew and strengthen the state management agency for the protection of natural heritage The Ha Long Bay Management Board is currently the direct management agency for activities on Ha Long Bay In the long-term strategy and plan, the Management Board should pay attention to innovating the management method, and catching up with the common development of the country and the world Currently, the Management Board has a specific plan to send staff to study in several countries with developed tourism industries, to improve the level of management capacity, and thereby strengthen the management effectiveness of Ha Long Bay Long in the future This program needs to be carried out in a consistent, planned, and scientific manner At the same time, it is necessary to specify the obligations and responsibilities of individuals after being sent to study 40
Fifth, building a multi-sectoral management mechanism for the world natural heritage of Ha Long Bay Ha Long Bay is affected by many different industries, and shared resources for many goals, but has an integrated and multi-sectoral management mechanism - an effective solution to harmonize and minimize conflicts of interest between the different sectors industries and communities exploiting and using the Heritage’s resources.
Sixth, it is recommended that the Government issue a separate Decree on the management of the World Natural Heritage and continue to improve the Regulation on the management of Ha Long Bay Currently, there is no document specifically guiding the management of natural heritage To manage the world natural heritage of Ha Long Bay, the Ha Long Bay Management Board has to apply a lot of legal documents such as the Law on Cultural Heritage, the Law on Environmental Protection, the Law on Tourism, the Law on Tourism and the Law on Tourism Biodiversity… causes difficulties and overlaps for management 41
40 Truong Thi Ngoc Lan, State management of Ha Long Bay tourism in a sustainable way,https://www.quanlynhanuoc.vn/2021/07/22/quan-ly-nha-nuoc-ve-du-lich-vinh-ha-long-theo-huong-ben-vung/,accessed on 5th Nov 2022.
Seventh, building a financial mechanism, ensuring sufficient resources for the protection and treatment of Ha Long Bay’s environment and biodiversity: Establishing a
Ha Long Bay environmental protection fund; Developing regulations on environmental fee collection for those living, operating, and benefiting on Ha Long Bay; mobilizing communities and businesses, organizations and individuals at home and abroad to contribute funds and initiatives on protecting the ecological environment of Ha Long Bay. Deducting part of the funds collected from tourism activities for environmental protection activities In addition, there are appropriate mechanisms and policies to encourage businesses to do sustainable business and protect the environment.
Finally, to research and implement investment and embellishment of caves to suit the requirements of the Law on Cultural Heritage, the International Convention on the Protection of World Natural Heritage, and other relevant regulations practical application to the specific conditions of the World Natural Heritage Ha Long Bay planning conservation areas to protect areas of special value, typical of the value of the landscape, geology - geomorphology, biodiversity, culture, and history To plan socio-economic development areas: residential areas, aquaculture, tourism, services, and commerce In addition, to make an overall project on investment, embellishment, and protection of heritage values in the order of priority: Preserving values, combating degradation, preventing risks affecting the heritage, promoting heritage values, including landscape, geomorphological, biodiversity, cultural and historical values 42
41 Do Tien Thanh, Study measures to protect the biodiversity values of Ha Long Bay world natural heritage site, http://repository.ntt.edu.vn/jspui/bitstream/298300331/662/1/NghienCuuCacBienPhapBaoVeCacGiaTriDaDangSinh HocCuaKhuDiSanThienNhienTheGioiVinhHaLong.pdf, accessed on 5th Nov 2022
42 Do Tien Thanh, Study measures to protect the biodiversity values of Ha Long Bay world natural heritage site,http://repository.ntt.edu.vn/jspui/bitstream/298300331/662/1/NghienCuuCacBienPhapBaoVeCacGiaTriDaDangSinhHocCuaKhuDiSanThienNhienTheGioiVinhHaLong.pdf, accessed on 5th Nov 2022
Since participating in the Convention for the Protection of World Cultural and Natural Heritage until now, Vietnam has had 03 natural heritages inscribed on the World Natural Heritage List Also since 1987, Vietnam has made many important strides in awareness, theory, and practice in the field of protection and promotion of the world's cultural and natural heritage values That has been shown through the legal system on cultural heritage that has been gradually built close to the spirit of the Convention, the world heritage management apparatus from the central to local levels is being strengthened, the efforts to protect the world heritage are prioritized, maximally mobilized Besides, Vietnam has always enlisted international support to protect its world heritage World heritage sites in Vietnam have contributed many positive values to sustainable socio-economic development, such as creating local jobs and communities and contributing to tourism and trade development, investment, and promoting the national image, culture, history, and tradition of Vietnam to international friends. The Law on Environmental Protection in 2020, the Law on Cultural Heritage in
2013, and its guiding documents have specified the content of natural heritage objects, as well as the management and protection of the environment of natural heritage, displaying a broad overview, complete picture of the environment, and interacting environmental components to serve the state management of environmental protection and nature conservation Legal regulations have partly solved and prevented the risk of imbalance, exceeding the tolerance threshold of ecosystems, and reducing the value of natural landscapes Thereby contributing to the protection, development, and sustainable use of natural heritages based on ecosystem services and values In addition, the contents of environmental management and protection of the natural heritage are built based on reviewing the provisions of relevant laws and international treaties that Vietnam has signed (CBD Convention, Ramsar Convention, World Heritage Convention, UNESCO). Above all, practical requirements are met by the Party's and Government's general policy of enhancing environmental protection, and nature conservation in tandem with economic growth, and localization of local management as well as natural heritage qualities as geographical areas These rules not only provide a crucial legal foundation for protecting and preserving nature's basic values, but also offer advantageous procedures for global investment, exploitation, and sustainable use of natural resources Most significantly, it helps to raise awareness of the importance of ecosystem services to the country's economic growth.
Legal documents
[3] Convention for the Protection of the World Cultural and Natural Heritage 1972
Other documents
[1] Nguyen, Hang “Some provisions on the protection of natural heritages in the Law on
Environmental Protection in 2020.” Environmental magazine, http://tapchimoitruong.vn/phap-luat chinh-sach-16/mot-so-quy-dinh-ve-bao-ve-di-san- thien-nhien-trong-luat-bao-ve-moi-truong-nam-2020-26161 Accessed 5 11 2022.
[2] Trinh, Minh “Some new points of the Law on Environmental Protection in 2020.” https://www.kontum.gov.vn/pages/detail/39967/Mot-so-diem-moi-cua-Luat-Bao-ve-moi- truong-nam-2020.html Web portal Accessed 5 11 2022.
[3] Chu, Khoi “Ha Long "declares war" on plastic waste.” VnEconomy, https://vneconomy.vn/ha-long-tuyen-chien-voi-rac-thai-nhua.htm Accessed 5 11 2022
[4] Chinh Tuyet “Solving the problem of foam buoys on Ha Long Bay.” Electronic newspaper of the Ministry of Natural Resources and Environment, https://baotainguyenmoitruong.vn/giai-quyet-van-nan-phao-xop-tren-vinh-ha-long- 245588.html Accessed 5 11 2022.
[5] IUCN “Report on the advisory mission to Ha Long Bay world heritage site, Quang
Ninh Province, Viet Nam,” https://www.iucn.org/sites/default/files/content/documents/2019/iucn_advisory_mission_ ha_long_bay_final.pdf Accessed 5 11 2022.
[6] Khanh Tien “Environmental implications of Ha Long Bay from coal mining activities.” Law of Vietnam, https://baophapluat.vn/he-luy-moi-truong-vinh-ha-long-tu- hoat-dong-khai-thac-than-post225129.html Accessed 5 11 2022.
[7] Bao Binh “Strengthening the management, conservation, and promotion of the value of the World Natural Heritage site of Ha Long Bay.” Electronic newspaper of QuangNinh province, https://baoquangninh.com.vn/tang-cuong-quan-ly-bao-ton-va-phat-huy- gia-tri-di-san-thien-nhien-the-gioi-vinh-ha-long-2515507.html Accessed 5 11 2022.
[8] Thu Thuy, and Thao Sam “Efforts to protect the marine environment for a green Ha Long.” Journal of the built environment, https://moitruongxaydungvn.vn/quang-ninh-no- luc-bao-ve-moi-truong-bien-vi-mot-ha-long-xanh Accessed 5 11 2022.
[9] Minh Ha “Make Ha Long Bay greener ” Viet Nam National Administration of Tourism, https://vietnamtourism.gov.vn/post/26048 Accessed 5 11 2022.
[10] Nguyen Xoa “, Quang Ninh: Sanctioning many organizations and individuals for violations related to the environment.” Protection of the law, https://baovephapluat.vn/kinh-te/kinh-doanh-phap-luat/quang-ninh-xu-phat-nhieu-to- chuc-ca-nhan-vi-pham-lien-quan-den-moi-truong-123768.html Accessed 5 11 2022.
[11] Vu Dat “Catching a ship dumping waste into the core of Ha Long Bay,” Environmental law, https://phapluatmoitruong.vn/quang-ninh-bat-qua-tang-tau-do-trom- chat-thai-xuong-vung-loi-vinh-ha-long/ Accessed 5 11 2022.
[12] Quang Tho “Strictly handle jellyfish processing facilities that pollute the environment of Ha Long Bay.” People's Newspaper, https://nhandan.vn/xu-ly-nghiem- cac-co-so-che-bien-sua-gay-o-nhiem-moi-truong-vinh-ha-long-post173128.html. Accessed 5 11 2022.
[13] La Tien “Who protects a series of illegal construction works on Ha Long Bay?” Education Newspaper, https://giaoduc.net.vn/ai-bao-ke-cho-hang-loat-cong-trinh-xay- dung-trai-phep-tren-vinh-ha-long-post198631.gd Accessed 5 11 2022.
[14] Ngoc Lan, Truong Thi “State management of Ha Long Bay tourism in a sustainable way.” State management review, https://www.quanlynhanuoc.vn/2021/07/22/quan-ly- nha-nuoc-ve-du-lich-vinh-ha-long-theo-huong-ben-vung/ Accessed 5 11 2022.
[15] Huynh, Pham Dinh “Heritage management plan - one of the tools for effective management of World Heritage Ha Long Bay.” Ha Long Bay Management Board,https://halongbay.com.vn/ke-hoach-quan-ly-di-san-mot-trong-nhung-cong-cu-de-quan-ly- hieu-qua-di-san-the-gioi-vinh-ha-long-tt2941.html Accessed 5 11 2022.