What principles must sea reclamation activities comply with?

Reply:

In Article 190Land Law 2024 stipulates hland reclamation activitiesas follows:

1. The State encourages organizations and individuals to use capital, techniques and technology to carry out land reclamation activities; and has policies to support and provide incentives for investors to carry out land reclamation activities in accordance with the provisions of law.

2. Land reclamation activities must comply with the following principles:

a) Ensuring national defense, security, sovereignty, sovereign rights, jurisdiction, and national interests at sea; in accordance with the provisions of other relevant laws and international treaties to which the Socialist Republic of Vietnam is a member;

b) Based on a full assessment of the economy, society, environment, ensuring sustainable development, biodiversity, natural factors, impacts of natural disasters, climate change and rising sea levels;

c) In accordance with provincial planning or district-level land use planning or construction planning or urban planning;

d) Exploit and use marine resources effectively; ensure harmony of interests between organizations and individuals carrying out sea reclamation activities and other relevant organizations and individuals; ensure the right of access to the sea for people and communities;

d) Sea encroachment activities must be established as investment projects or investment project items according to the provisions of law.

3. Land reclamation activities that involve an area in one of the following areas may only be carried out with the approval and investment policy decision of the National Assembly or the Prime Minister:

a) Areas for protection of historical - cultural relics and scenic spots recognized according to the provisions of law on cultural heritage;

b) Natural heritage according to the provisions of law on environmental protection;

c) National parks, nature reserves, species-habitat conservation areas, landscape protection areas, and important wetlands that have been announced in accordance with the provisions of the law on biodiversity and the law on forestry;

d) Marine reserves, aquatic resources protection areas, fishing ports, and storm shelters for fishing vessels in accordance with the provisions of the law on fisheries;

d) Seaport areas, water areas in front of wharves, ship turning areas, anchorage areas, transshipment areas, storm shelter areas, pilot boarding and disembarkation areas, quarantine areas, shipping channels, water areas for construction of other auxiliary works according to regulations of maritime law;

e) River mouths and areas planned and used for national defense and security purposes.

4. The sea area identified for carrying out sea encroachment activities in the approved land use planning and the investment project has been approved by the competent state agency and the investment policy has been decided, the management and use of the sea area for carrying out sea encroachment activities shall be the same as for land on the mainland.

5. State management responsibilities for sea encroachment activities are stipulated as follows:

a) The Ministry of Natural Resources and Environment assists the Government in unified state management of sea encroachment activities; inspects and examines sea encroachment activities and manages sea encroachment areas according to the provisions of law;

b) Ministries and ministerial-level agencies, within the scope of their tasks and powers, are responsible for managing and inspecting sea encroachment activities; promulgating, guiding and inspecting the implementation of regulations, standards, technical regulations and economic-technical norms related to sea encroachment activities;

c) The People's Committee at the provincial level is responsible for managing, allocating land, leasing land for sea reclamation, inspecting and examining sea reclamation activities and managing and using sea reclamation areas in the locality according to the provisions of law.

6. The allocation of sea areas for sea reclamation activities is carried out simultaneously with the allocation and lease of land for investment project implementation.

7. The Government shall detail this Article.