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Tiêu đề Law On Natural Heritage Protection In Quang Ninh Province
Tác giả Bui Hoang Ngoc Han, Le Nguyen Hai My
Người hướng dẫn Dr. Le Nguyen Gia Thien
Trường học University of Economics and Law
Chuyên ngành Law
Thể loại Graduation Project
Năm xuất bản 2022
Thành phố Ho Chi Minh City
Định dạng
Số trang 43
Dung lượng 4,86 MB

Cấu trúc

  • 1.1. Common issues about natural heritage.................... cành nhe 5 1. The concept of natural heritage....................... nen nhe 5 2. Criteria for establishing and recognizing natural heritage in (11)
    • 1.1.3. Criteria for establishment and recognition of world natural (13)
    • 1.1.4. Regulations on grouping, and zoning of natural heritage (14)
      • 1.1.4.1. Grouping of natural heritage........... cành he 8 1.1.4.2. Hierarchy of natural heritage.......................-...-... cà cà ằ 8 1.1.4.3. Zoning of natural heritage....................--. eeeeeeeeeeeeeseeeeeees 9 1.2. State management of natural heritage protection (14)
    • 1.2.1. Regulations on organization of management of natural (16)
      • 1.2.1.1. Requirements for the Management Board of Natural 024i (16)
      • 1.2.1.2. The establishment of a management board for natural 025i: 1 ccc cece ccc ce cere nner eee eeees ee eeeeeeeeeeeeeeaaeeeeeeeeeeaeeeeseeanenees 10 1.2.1.3. Requirements on the formulation of regulations and 01220... 11 environmental management and protection of natural heritage (16)
    • 1.2.5. Inadequacies in regulations on the protection of natural (22)
  • CHAPTER 2: LAW PRACTICE ON THE PROTECTION OF NATURAL (24)
    • 2.2. Environmental situation in Ha Long Bay ................................... co. 19 1. Pollution sources from garbage.......................- cà ke ninh 19 2. Pollution sources from domestic wastewater from cruise ships ơ— DEEL EEE EE EE EEE EEE E EERE E GEESE EEE Cd Ee EE DDE E EE Sea a Ed eet aa neeeeeaaeeeeeas 20 3. Pollution sources from industrial zones (24)
    • 2.3. Situation of implementation of environmental laws at the World (28)

Nội dung

Common issues about natural heritage cành nhe 5 1 The concept of natural heritage nen nhe 5 2 Criteria for establishing and recognizing natural heritage in

Criteria for establishment and recognition of world natural

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 most prestigious and oldest title.”

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:

"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

‘Department of cultural heritage, 10 criteria for the outstanding global value of the World Cultural and Natural Heritage, http://dsvh.gov.vn/10-tieu-chi-ve-gia-tri-noi-bat-toan-cau-cua-di-san-van-hoa-va-thien-nhien-the-gioi-364, accessed on 5th Nov 2022.

First, outstanding patterns represent major periods of the earth’s history, including the record of life, and significant ongoing geological processes in the development of landforms or other features of the significant geomorphological or topographical sites Second, outstanding patterns represent ongoing ecological and biological processes in the evolution and development of terrestrial, freshwater, coastal, and marine ecosystems and wildlife community plants

Third, containing sublime natural phenomena or areas of the outstanding natural beauty of aesthetic importance.

Regulations on grouping, and zoning of natural heritage

Grouping, decentralization, and zoning of natural heritages have been specified in Clauses 3, 4, 5, Article 21 of Decree No 08/2022/ND-CP based on inheriting the current legal system and ensuring consistency across the country on the natural heritages according to the size, value, and importance to be protected to allocate mvestment resources to manage, protect and promote the value of the natural heritage for the sustainable development of the country

The groups of natural heritage include heritage groups of important natural and ecological landscapes (objects of natural heritage with valuable natural and ecological landscapes); heritage groups of high biodiversity (natural heritage objects with high biodiversity value); groups of heritage on the important ecological environment (objects of natural heritage with environmental value); a group of natural heritage gardens (groups of objects of natural heritage containing more than two criteria belonging to the above groups)

Natural heritage decentralization is carried out based on area size, the scope of influence, meaning, and importance of natural values to ensure resources for effective protection, conservation, and management of natural heritage are consistent with the current legal system (laws on biodiversity, forestry, fisheries, and cultural heritage all stipulate the classification of natural heritage objects at provincial and national levels) Particularly for the law on cultural heritage, there are special national-level relic regulations Therefore, the natural heritage classified according to the provisions of Clause 4, Article 21 of Decree No 08/2022/ND-CP includes:

Provincial natural heritage: provincial nature reserve; scenic spots are provincial relics; key wetlands at the provincial level; biosphere reserves, parks, and other natural 7Clause 3, Article 21, ci 08/2022/ND-CP, accessed on 5" Nov 2022. heritages specified in Article 19 of Decree No 08/2022/ND-CP established and recognized by the People’s Committee of the province

National-level natural heritage: national-level nature reserve; scenic spots are national relics; nationally important wetlands; biosphere reserves, parks, and other natural heritages specified in Article 19 of Decree No 08/2022/ND-CP recognized by the Prime Minister

Special national natural heritage (nominated for recognition based on provincial and national natural heritage): scenic spots are special national-level relics; World Natural Heritage; world biosphere reserve; global geopark; Ramsar site; heritage gardens and natural heritage recognized by international organizations

Zoning of natural heritages including core zone, buffer zone, transition zone, and specific location, area, and boundary shall be determined in Clause 5, Article 21 of Decree No 08/2022/ND-CP Zoning of Natural Heritage aims at zoning the areas with core values that make up the natural heritage and surrounding areas, adjacent to the natural heritage for a suitable sustainable development mode according to each zoning, ensuring harmony between nature and people, between the goal of environmental protection and socio-economic development

Core zone 1s an area containing core values according to the criteria for establishing and recognizing natural heritage sites and is effectively managed and protected, including wildlife sanctuary; zone protection of scenic landscape recognized as cultural heritage in accordance with regulations of law on cultural heritage; an area with core values that need to be protected in a manner that remains intact and preserves the pristine nature of the natural heritage site specified in Articles 19 and 20 of this Decree In particular, the core zone is a nature reserve, which is functionally divided according to the provisions of the law on biodiversity, forestry, and fishery, including a strict protection zone, ecological restoration subdivision, and subdivision administrative service area Buffer zone wcludes an area with values to be protected at a lower level than the core zone of the natural heritage; zone protection I of scenic landscape recognized as cultural heritage in accordance with regulations of law on cultural heritage, and an area adjacent to the boundary of the core zone which is intended to prevent and mitigate the negative impacts of socio-economic development activities outside the natural heritage site on the core zone of the natural heritage site

The transitional zone, wcluding the areas associated with the buffer zone, where socio-economic development activities take place, should be controlled in order to be

9 consistent with, and harmonize with, the protection and conservation objectives of the identification establishment, and recognition of heritage

In addition, the core area of the natural heritage is specified as a strictly protected area and the buffer zone of the natural heritage belongs to the emission-restricted zone according to the regulations on environmental zoning in Article 22 of Decree No 08/2022/ND-CP

1.2 State management of natural heritage protection

Regulations on organization of management of natural

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 maternal 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 im the protection and management of natural heritage; participate in the management, association, and supervision of investment activities, environmental protection, nature conservation, biodiversity m the area of natural heritage: perform other tasks assigned by competent authorities.*

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

’Point b, Clause 6, Article 21, Decree 08/2022/ND-CP, accessed on 5” Nov 2022

10 manage and protect the environment, preserve nature, and biodiversity according to the provisions of this Decree and relevant laws.’

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 '°

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- BINMT; 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

Existing regulations, plans, and management plans for natural heritage sites will be maintained upon the implementation of Decree No 08/2022/ND-CP Competent agencies are tasked with approving these plans, and the management plan shall be updated to incorporate the requirements outlined in Decree No 08/2022/ND-CP into the regulations, plans, and management plan.

*Point b, Clause 6, Article 21, Decree 08/2022/ND-CP, accessed on 5” Nov 2022

Point c, d, Clause 6, Article 21, Decree 08/2022/ND-CP, accessed on 5“ Nov 2022

11 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 hertage 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

Preserving the core values and biodiversity of natural heritage is essential, along with maintaining and sustainably utilizing its ecosystem services The integrity of these natural treasures is paramount, and their protection and preservation ensure their continued existence and the benefits they provide.

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 the Ministry 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

Inadequacies in regulations on the protection of natural

The deficiencies in environmental regulations, including incomplete documentation, synchronization issues, and lack of detail, hinder their effectiveness in governing behavior and safeguarding the environment This shortcoming limits the ability of regulations to protect natural heritage areas adequately.

Current environmental management and protection regulations face significant shortcomings and limitations These regulations struggle to adequately address the complexities of environmental conservation and often fail to effectively safeguard natural resources Despite the urgent need for comprehensive and enforceable environmental laws, the current regulatory landscape falls short in meeting these challenges.

To begin, environmental protection groups’ legal powers, particularly those of the Environmental Police, are insufficient As a result, actions to understand the situation and detect and prevent violations of environmental protection have been ineffective Management agencies for cultural heritages, in particular, have maintained a reasonably steady and specific organization However, there are too many focal areas for state administration at the central level for natural heritages, and it is still not tight and effective.”

Second, the legal basis, sanctions, and deterrence for sorts of conduct creating environmental contamination and crimes are still restricted This has directly resulted in situations of environmental contamination in natural heritage regions being administratively sanctioned with a fine amount that may be described as not too severe Excessive resource exploitation at historic sites pollutes the ecosystem Construction of infrastructural works, immgation systems, urbanization, aquaculture, and other activities have had negative effects and disturbed the integrity of natural heritages

Third, the government level has not satisfied professional requirements, has not fully recognized the importance and function of natural and cultural resources and has not prioritized environmental conservation resulting in lax management and a lack of accountability in environmental inspection and oversight

Finally, when tourists’ or even local people’s knowledge is not supported, propaganda and increasing public awareness in joining hands to conserve the natural

"$Nguyen Quoc Hung, Preserving and promoting the values of cultural and natural heritages - Limitations and remedial solutions, http://thuvienso.bvu.edu vn/bitstream/T V DHBRVT/1 1235/2/000000C Vv219S062006023.pdf, accessed on 5" Nov 2022

16 production environment is not forcefully pushed There are still numerous activities in the heritage sector that cause significant damage to natural heritages

LAW PRACTICE ON THE PROTECTION OF NATURAL

Environmental situation in Ha Long Bay co 19 1 Pollution sources from garbage .- cà ke ninh 19 2 Pollution sources from domestic wastewater from cruise ships ơ— DEEL EEE EE EE EEE EEE E EERE E GEESE EEE Cd Ee EE DDE E EE Sea a Ed eet aa neeeeeaaeeeeeas 20 3 Pollution sources from industrial zones

“Department of cultural heritage, World cultural and natural heritage, http://dsvh.gov.vn/vinh-ha-long-476, accessed on 5 Nov 2022

“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

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.’

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 ovemight ship, still littered the sea

Foam floats used by floating fishing villages are severely compromising water quality in the bay During a recent marine cleanup involving 100 volunteers, foam buoys accounted for 90% of collected waste Styrofoam's fragmented nature makes manual collection challenging, and in some instances, burning remains the only option to prevent re-entry into the sea The severity of the issue has prompted the government and authorities in Quang Ninh province to prioritize its resolution.

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

**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

“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

Ho Quang Huy, Ha Long City People's Committee, https://baotainguy enmoitruong vn/giai-quyet-van-nan-phao- xop-tren-vinh-ha-long-245588 html, accessed on Sth Nov 2022

19 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.’

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 m? 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 mM? of gray water and 386,7 m? of black wastewater On average, more than 60,000 m2? of daily-life wastewater is discharged, only about 12% of the wastewater 1s discharged onshore, and most of the rest is discharged into the bay, but we only treat 38%.*° In addition, many untreated 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

Chat 6 nhiém Lượng thải phát sinh

Thành phố Hạ Long Huyện Vân Đồn

BODs 195,2 19,6 Table Pollutant load from

PT 8,6 0,9 Ha Long Bay - Bai Tu

With tens of thousands of visitors visiting Ha Long Bay every day, a significant volume of home wastewater

“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/iuen_advisory_ mission ha long bay_final.pdf, accessed on 5th Nov 2022

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

“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

(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 Mm? can be processed; the remainder is discharged directly into rivers and streams, eventually entering the bay.” According to a report by the 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 m?/year, while the Ha Long coal area accounts for 45 million M?/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

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

21 oxidants that are prevalent in garbage, and the majority of pollution sources are not treated before they are discharged into the environment ”

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 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

To enhance the value of Ha Long Bay World Natural Heritage, UNESCO/IUCN issued "Enhancing the Value of Our Heritage." The Ha Long Bay Management Board, in collaboration with relevant departments and localities in Quang Ninh province, developed the Ha Long Bay World Natural Heritage Management Plan for 2020-2025, with a vision for 2040 This plan establishes a general goal, three secondary goals, and 19 specific targets with 10 action plans.

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

22 groups of basic solutions to perform tasks in the fields“: (1) Management, preservation, 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.” 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

Pham Dinh Huynh's "Heritage Management Plan" emphasizes the significance of effective management for World Heritage sites like Ha Long Bay This plan provides a comprehensive framework for preserving and protecting these valuable cultural and natural assets, ensuring their long-term conservation and sustainability.

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-25 15507 html, accessed on 5 Nov 2022

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.”

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 7”

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

Thu Thuy — Thao Sam, Quang Ninh: Efforts to protect the marine environment for a green Ha Long, https://moitruongxay dungvn vn/quang-ninh-no-luc-bao-ve-moi-truong-bien-vi-mot-ha-long-xanh, accessed on 5” Nov 2022

Le Van Tuan, Department of Environmental Management, Ha Long Bay Management Board, https:/Avww.quangninh gov.vn/pinchitiet.aspx?nidi727, accessed on 5" Nov 2022

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

Aiming to conserve Ha Long Bay's cultural heritage and promote sustainable tourism, the Quang Ninh province is developing a nature reserve and environmental protection plan with a 2030 vision and 2050 outlook Collaborating with international projects has yielded positive results, including the JICA Project, which has implemented initiatives like afforestation, waste management, and public education since 2009 Additionally, the Department of Natural Resources and Environment has partnered with Japanese companies to enhance water quality through independent wastewater treatment systems in the Gulf of Tonkin The Ha Long Bay Management Board has installed biological toilet systems, wastewater treatment systems, and Biofast technology to improve the water environment and preserve the bay's biodiversity.

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,

Ha Long City also closely cooperates with relevant units to strengthen the inspection and handling of violations in the field of the environment From the beginning of 2022 up to now, the Environmental Crime Prevention and Control Force, Quang Ninh Provincial Police have inspected, detected, and arrested 19 violations against 10 organizations and 9 8Minh Ha, Make Ha Long Bay greener , https://vietnamtourism gov vn/post/26048, accessed on 5 Nov 2022

25 individuals whose violations related to environmental crimes about hazardous wasting, with a fine of more than 600 million VND.”

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