Regulations on Coastal Land Reclamation in Vietnam: A Review from the Perspective of Coastal Environment and Ecosystem Protection

Abstract

Introduction

In recent decades, coastal land reclamation has become “a global-scale phenomenon” to meet the needs for commercial, economic, and residential infrastructure development of nations (Sengupta et al., 2023). Around the South China Sea, coastal land reclamation from 1975 to 2010 brings newly reclaimed land of up to 3,264 km², of which China and Vietnam, respectively, account for 32 percent and 48.6 percent of the total newly reclaimed land (Zhang et al., 2017). Coastal land reclamation, which involves converting marine zones, wetlands, or seawater areas into land, has been faced with environmental challenges, including the loss of marine habitats, harm to natural ecosystems, and people's long-term interests (Columbia Climate School, 2014). It is, thus, a trend for nations to manage land reclamation projects through the implementation of regulations (Katona et al., 2017).

Vietnam has a total coastal line of 3,260 km, excluding the coastlines of more than 3,000 islands. The country's narrow horizontal terrain, rivers, steep hills, and mountains enable the delta's territory to expand naturally to the sea. Thanks to the yearly accretion of alluvium, Vietnam has great potential to extend land space toward the ocean.

Vietnam's coastal provinces make up 41.3 percent of the country's total area and are home to 49.2 percent of the total population (General Statistics Office of Vietnam, 2020). Due to rapid developing socioeconomic activities, Vietnam has undertaken large-scale coastal land reclamation projects. As of 2017, there were 71 such projects in 19 provinces as documented by the Ministry of Natural Resources and Environment (MONRE) (2020) and the Vietnam Administration of Seas and Islands (VASI, 2019). However, some of these projects have faced opposition from local communities because of their negative impacts on the environment and local livelihoods, leading to cancellation or reconsideration (MONRE, 2021b). Despite the opposition, the government plans to increase the number of projects in the coming years, particularly in response to the effects of sea level rise and those under the Master Plan for the development of Vietnam's seaport system in the period of 2021-2030 with a vision to 2050 (Lin et al., 2021; MONRE, 2021b; National Assembly, 2023). Despite the increase of coastal land reclamation projects in Vietnam that frequently cause severe damage to the coastal ecosystem, the existing Vietnamese legal framework barely contains any concrete regulations to manage this activity. It's crucial to manage these projects in an environmentally friendly, climate-adaptive, and sustainable way.

Since coastal land reclamation involves dumping a volume of leveling material into the ocean, this activity is regulated by several laws in Vietnam, including the Law on Natural Resources and Environment of Sea and Islands (LNRESI), Land Law, and Vietnam's Law of the Sea (VLS) (National Assembly, 2012). However, due to the unclear delineation of the management scope between the Land Law and VLS, the majority of coastal land reclamation projects are still managed by Land Law, which has led to incomplete assessments of the potential effects on the marine environment and ecosystem around the reclamation area. The Ministry of Natural Resources and Environment (MONRE) is leading the development and consultation to amend the Land Law (National Assembly, 2013) and the LNRESI (National Assembly, 2015b to address this issue. Hence, it is necessary to investigate the legal gaps, particularly the lack of attention to the preservation of the marine environment and biodiversity, and propose measures to improve them for coastal ecosystem protection.

Against this backdrop, the primary objective of this Perspective is to highlight the inefficiency in the current regulations on coastal land reclamation in Vietnam and to propose amendments to the regulations aimed at coastal environment and ecosystem protection. This discussion includes an in-depth analysis of legal instruments and secondary sources such as reports by the MONRE, journals, and other resources.

Vietnamese Legal Framework on Management of Coastal Land Reclamation

Despite the increase of coastal land reclamation projects in Vietnam, the legislation governing this activity is general and scattered in different documents, as shown in Table 1.

Table 1.

Vietnamese Legal Instruments Regulating the Management of Coastal Land Reclamation Projects

Title of Legal Instruments	Regulations Related to Coastal Land Reclamation
Land Law (2013)^a	General principles on encouraging land reclamation and sea encroachment
Circular No. 24/2019/TT-BTNMT, December 31, 2019, issued by the MONRE on amending and annulling some legal instruments under their authority^b	Delineation of coastal management under the Land Law
Law on Natural Resources and Environment of Sea and Islands (2015)^c	Principles of restricting land reclamation in the coastal protection corridor (no specific rules)
Law on Investment (2020)^d	Approval of investment policy for projects, including coastal land reclamation projects
Law on Public Investment (2019)^e	Criteria for classifying nationally important projects, including coastal land reclamation projects
Law on Environmental Protection (2020)^f	Preliminary Environmental Impact Assessment (PEIA) and Environmental Impact Assessment (EIA) of the coastal land reclamation projects; compensation for environmental damages
Decree No. 08/2022/ND-CP, January 10, 2022, of the Government on detailing several articles of the Law on Environmental Protection (2020)^g	Elaborating on PEIA, EIA and compensation for environmental damages
Vietnam's Law of the Sea (2012)^h	Allocating sea areas to use for different purposes
Decree No. 11/2021/ND-CP, February 10, 2021, of the Government on allocating certain sea areas to organizations and individuals for exploitation and use of marine resourcesⁱ	Detailing on allocating sea areas for land reclamation
Civil Code (2015)^j	Compensation for damages to environment, property, health, and life
Law on Handling of Administrative Violations (2020)^k	Sanctions for violations of regulations related to coastal land reclamation projects
Decree No. 122/2021/ND-CP, December 28, 2021, of the Government stipulating sanctions for administrative violations in the field of planning and investment^l	Administrative sanctions related to land reclamation projects that violate investment regulations
Decree No. 45/2022/ND-CP, July 7, 2022, of the Government stipulating sanctions for administrative violations in the field of environmental protection^m	Administrative sanctions related to regulations on PEIA and EIA of land reclamation projects
Decree No. 68/2022/ND-CP, September 22, 2022, of the Government defining the functions, tasks, powers, and organizational structure of the MONREⁿ	MONRE's responsibilities in managing coastal land reclamation
Decision No. 2988/QD-BTNMT of the Minister of Natural Resources and Environment dated November 4, 2022, defining the functions, tasks, powers, and organizational structure of the Vietnam Administration of Seas and Islands (VASI)^o	VASI's responsibilities in the management of coastal land reclamation

National Assembly (2013); ^bMONRE (2019); ^cNational Assembly (2015c); ^dNational Assembly (2020a); ^eNational Assembly, 2019); ^fNational Assembly (2020c); ^gGovernment of Vietnam (2022b); ^hNational Assembly (2012); ⁱGovernment of Vietnam (2021a); ^jNational Assembly (2015d); ^kNational Assembly (2020b); ^lGovernment of Vietnam (2021b); ^mGovernment of Vietnam, (2022c); ⁿMONRE (2022); ^oGovernment of Vietnam (2022b).

There are no detailed and concrete regulations of the management of these projects. Especially lacking are detailed requirements for marine environment and biodiversity protection when carrying out coastal land reclamation projects.

Legal Gaps and Shortcomings Relating to Preserving the Marine Environment and Biodiversity Within the Vietnamese Legislation on Coastal Land Reclamation

Spatial Limit of Coastal Land Reclamation

Under the current Vietnamese legislation, the demarcation line between land and sea is the mean lowest sea level of many years (equivalent to 18.6 years). The area seaward of this line is the sea, while the area landward is coastal water-surfaced land (Government of Vietnam, 2016; Government of Vietnam, 2021a).

The Land Law (National Assembly, 2013) and its guiding documents regulate the allocation and lease of coastal land with water surface from the mean lowest sea level of many years landward (MONRE, 2019), whilst the VLS and its guiding documents (National Assembly, 2012) regulate the allocation of sea areas from the mean lowest sea level of many years to the outer limits of the marine space under Vietnam's jurisdiction. These regulations apply to organizations and individuals for exploitation and use of resources (Government of Vietnam, 2021a). Accordingly, the use of the sea areas from the lowest mean sea level of many years seaward for leveling and expanding the coastal land space is referred to as coastal land reclamation.

However, reclamation projects conducted in the coastal areas from the mean high tide line of many years to the mean lowest sea level of many years are not referred to as coastal land reclamation, and therefore they are not managed under the regulations on coastal land reclamation. As a result, there are no detailed regulations applicable to these projects even though the said area may be up to several kilometers (VASI, 2019). This area, located at the intersection between land and sea, consists of ecosystems vulnerable to landfill activities and the surrounding environment. In addition, the Land Law only regulates the use of coastal water-surface land to implement coastal land reclamation projects. In reality, these projects affect three areas: coastal water-surface land, sea areas, and coastal alluvial land, especially in the Mekong Delta region of Vietnam.

Planning on Coastal Land Reclamation

Under Decree No. 11/2021/ND-CP, the National Marine Spatial Plan and the Master Plan on sustainable exploitation and use of natural resources in coastal areas are the basis for allocating sea areas for exploitation and use, including the use for coastal land reclamation. If these plans have not been approved or do not include the proposed sea area for reclamation, the allocation of the sea area is to be based on one of the master plans already approved by the appropriate State agency, prioritized in the following order: 1.) national sector planning, 2.) regional planning, 3.) provincial planning, 4.) planning of special administrative-economic units, and 5.) planning of technical and specialized sectors (Government of Vietnam, 2021a).

If neither of the aforementioned plans have been approved, then the allocation of sea area is based on three substantial requirements—that they leave no adverse impact on 1.) national defense, security, and national interests at sea; and the performance of international obligations; 2.) environment, marine ecosystems, aquatic resources, and human health; and the economic development potential of Vietnam; and 3.) safe use of facilities at sea and other lawful exploitation and use of natural resources of organizations and individuals (Government of Vietnam, 2021a). MONRE and People's Committees [PCs] must consult with relevant ministries, agencies, and organizations on the three above -mentioned requirements (Government of Vietnam, 2021a).

Though Vietnam does not have a specific plan for coastal land reclamation, it bases the practice on the National Marine Spatial Planning and the Master Plan on exploitation and sustainable use of coastal resources. Since these plans have not yet been approved by authorities, their absence has kept the licensing process from being considered holistically in terms of environmental protection, socio-economic development. Since the licensing of coastal land reclamation projects is solely based on consultations with relevant agencies and organizations, or the planning of ministries and sectors, the impacts of coastal land reclamation projects on the marine environment and ecosystem cannot be accurately calculated and forecasted.

Permits for Coastal Land Reclamation

Investors of a coastal land reclamation project must obtain four permits from appropriate State agencies: investment policy approval, Environmental Impact Assessment (EIA) report approval, sea area allocation approval, and certificates of the rights to use newly created land post-reclamation. (See details, Table 2.)

Table 2.

The Process of Licensing Coastal Land Reclamation Projects

License Type	Investment Capital Source/Project Type	Legal Documents	Appropriate Authorities
Decision/approval of investment policy on coastal land reclamation project	Public investment (investment by the State for capital programs, projects, and other public investment)	Law on Public Investment (2019)^a	National Assembly; Prime Minister; heads of ministries or central agencies; People's Committees of provinces, districts, and communes
	Investment from other capital sources (non-State capital for investment projects)	Law on Investment (2020)^b	National Assembly; Prime Minister; People's Committees of coastal provinces (PCs)
Approval of Preliminary Environmental Impact Assessment	Investment projects categorized under Group I	Law on Environmental Protection (2020)^c	Competent authority approving investment policy (PEIA report approval is carried out concurrently with the investment policy appraisal and approval process)
Approval of Environmental Impact Assessment	All land reclamation projects	Law on Environmental Protection (2020)^c	Minister of Natural Resources and Environment; People's Committees
Decision on the allocation of sea areas for land reclamation	All land reclamation projects	Vietnam's Law on the Sea (2012)^d and Decree No. 11/2021/ND-CP^e	Minister of Natural Resources and Environment; People's Committees
Certificates of land use rights	All coastal land reclamation projects that have been completed	Land Law (2013)^f	People's Committee of coastal provinces and districts

National Assembly (2019); ^bNational Assembly (2020b); ^cNational Assembly (2020c); ^dNational Assembly (2012); ^eGovernment of Vietnam (2021a); ^fNational Assembly (2013)

As shown in Table 2, there is no document specifying the authority, order, and procedures for assessing and approving investment projects involving coastal land reclamation. Thus the assessment and approval of the sites for coastal land reclamation and the assessment of appraisal and approval for projects related to coastal land reclamation in localities are all based on the approved planning of the sector or localities and legal documents on investment, construction, land, sea, and environment. Regulations for each permitting procedure is limited.

The 2019 Law on Public Investment (National Assembly, 2019) and the 2020 Investment Law (National Assembly, 2020b) regulate investment policy, but neither law has specific provisions for coastal land reclamation projects. Therefore, the acceptance and approval of the investment policy for such projects is only under the jurisdiction of relevant general regulations.

Since the investment law in place since 2020 only stipulates “investment projects using land,” not investment projects using both land and sea areas, the “approval of investment policy” only includes the approval to use the land area and not the sea area. Most approvals of investment policy for projects using marine areas fall under the heading “land use area,” thus allowing the use of both land and sea areas. Investment policy is not completely consistent with the provisions of these laws. Furthermore, these laws are silent on coastal land reclamation projects classified as investment-restricted projects (conditional investment projects aimed at protecting the environment) or investment-encouraged projects for socioeconomic development. Such classification is essential to the management of reclamation projects. In the case of investment-restricted projects, investors must meet additional requirements, including stricter requirements to protect the marine environment and ecosystem when conducting coastal land reclamation as well as after completing the project. The lack of such classification means these laws do not have a process to assess and ensure environmental protection for investment projects.

A Preliminary Environmental Impact Assessment (PEIA) is implemented when an investor requests a decision or approval for an investment policy, while an EIA is implemented after the investment policy for coastal land reclamation project has been decided or approved. As determined by the government, investment projects are divided into Group I and Group II. Group I is subject to the decision or approval of investment policies and must conduct a PEIA during the pre-project stage (National Assembly, 2020c). Group I investment projects, including investment projects on coastal land reclamation, fall under the authority of the Ministry of Natural Resources and Environment (MONRE) and the Prime Minister (PM) to allocate sea areas; those under the authority of the People's Commitees (PCs) are in Group II (Government of Vietnam, 2021a, 2022b). During the pre-project stage, investment projects on coastal land reclamation under the authority of MONRE and PM to allocate sea areas must conduct a PEIA (National Assembly, 2020c).

The EIA report is part of the dossier required for allocating sea areas (Government of Vietnam, 2021a). All coastal land reclamation projects must receive an EIA report approval from the appropriate authority. Investors preparing the EIA report must consult with the community and other stakeholders as well as related agencies and organizations (National Assembly, 2020c). Meetings must be held to collect opinions and posted on the website of the agencies responsible for appraising the EIA report (National Assembly, 2020c). For agencies and organizations directly related to the investment project, investors must be consulted in writing (Government of Law Vietnam, 2022b). The consultation for EIA must cover: 1.) the location of the investment project; 2.) the environmental impact of the investment project; 3.) measures to minimize adverse impacts on the environment; 4.) an environmental monitoring and management program, including plans for prevention of and response to environmental incidents; and 5.) other contents related to the investment project. MONRE is responsible for appraising EIA reports for Group I and Group II investment projects that fall under its authority of allocating sea areas; PCs verify other EIA reports (National Assembly, 2020c).

Taken together, the 2020 Law on Environmental Protection (National Assembly, 2020c) and Decree No. 08/2022/ND-CP (Government of Vietnam, 2022b) stipulate that an EIA is obligatory for reclamation projects that come under the authority of allocating sea area of the MONRE and PCs. However, there are no regulations mandating EIAs for projects under the authority of the PM. Although the reclamation projects typically convert an area of seawater into land, completely changing the natural environment of the reclaimed area, Vietnam's existing legislation does not provide specific guidelines for EIA requirements. It also lacks specific regulations on the content and stakeholders for the environmental and coastal ecosystem impact assessment of reclamation projects although many other issues relating to coastal land reclamation—namely used materials, construction methods, and construction time—have a great impact on the environment and coastal ecosystems.

The lack of concrete provisions within current legal instruments on technical requirements and construction materials for reclamation limits the transparency and effectiveness of the management of these projects. Moreover, PEIA is a requirement for Group I projects while Group II projects are exempt from this requirement. As a result, coastal land reclamation projects that fall under the decision or approval authority of PCs are not subject to PEIA, making it unlikely that these projects will adequately take into account their potential impact on the environment and coastal ecosystems.

Allocation of Sea Area for Land Reclamation

In addition to investment licensing procedures, reclamation projects must comply with regulations on sea area allocation, which state: “The time limit for allocating sea areas for coastal land reclamation is considered based on the approved reclamation plan” (Government of Vietnam, 2021a). This unique regulation, contained in Decree No. 11/2021/ND-CP, mentions the time limit for “coastal land reclamation” only. Therefore, all other matters on allocating sea areas for land reclamation such as principles, grounds, documents and dossiers, procedures, and competence to allocate sea areas for reclamation shall apply the general regulations without differing from the allocation of sea areas for other purposes.

Within these legal foundations, there are no specific regulations for allocating sea areas for land reclamation, but general provisions on allocating sea areas for exploitation and use of marine resources. However, these two activities are different. While a sea area allocated for land reclamation will turn into “land” after the completion of the reclamation project, the sea area is allocated for other purposes of exploitation and use and will remain a “sea area” after the completion of the project. Decree No. 11/2021/ND-CP does not have any concrete regulations or specific requirements for reclamation projects to ensure the protection of the marine environment and ecosystem. The required documents for assessing the impact on the marine environment and ecosystem also only consist of the EIA, though the EIA has its many limitations.

Management of Newly Created Land

Decree No. 11/2021/ND-CP stipulates that individuals and organizations approved for investment projects of sea areas may use the land area created after reclamation under the Land Law. However, the Land Law has no provisions for the management of “land” created post-reclamation, which gives the government no basis for detailed regulations in sub-law documents to guide the implementation of this reclaimed land. In recent years, the transfer of the right to use the sea area to the right to use the land has been carried out arbitrarily.

Additionally, after completion of the project, the reclaimed land from the sea area affects the entire value of the marine ecosystem. However, the price of using the sea area for land reclamation is calculated in a manner similar to that using the sea area for other exploitation and uses (Government of Vietnam, 2021a). Some provinces license the sea area and charge fees for the use of the marine space, while others administer and lease land and then levy fees for the land use and land rent (MONRE, 2021a). This heterogeneity reduces revenue for the State and hampers its ability to protect the environment and marine ecosystems.

Handling of Violations Against Regulations on Coastal Land Reclamation

Violations of the coastal land reclamation regulations might be imposed by three types of responsibility: 1.) compensation for environmental damage under the 2015 Civil Code (National Assembly, 2015d) and the Law on Environmental Protection (National Assembly, 2020c); 2.) administrative sanctions under the 2015 Law on Handling of Administrative Violations (National Assembly, 2015d), which was amended in 2020 (National Assembly, 2020a) along with its guiding documents; 3.) criminal penalties under the 2015 Criminal Code (amended in 2017) (National Assembly, 2015e). Since the criminal code does not explicitly specify the violations of regulations on land reclamation causing environmental pollution, these acts are primarily handled by the first two forms of responsibility.

However, current legal documents do not have any detailed provisions on administrative sanctions for violations of coastal land reclamation regulations, only general provisions for violations of those on investment (Government of Vietnam, 2021b), land allocation and land use rights, marine areas (National Assembly, 2015a), and EIA (Government of Vietnam, 2022c). Addressing unlicensed reclamation projects or adverse environmental impacts is based solely on these general regulations, making it difficult to calculate all the potential damage to the environment and ecosystem for appropriate compensation or sanction.

Management Agencies

The governmental responsibility for managing coastal land reclamation is vested to MONRE (Government of Vietnam, 2022a), which MONRE delegated to the Department of Seas and Islands of Vietnam (MONRE, 2022). Locally, this responsibility belongs to the Department of Natural Resources and Environment of PCs, even though there are no clear regulations on the responsibility of the Department of Natural Resources and Environment for these functions.

Although there are regulations on the tasks of management agencies for reclamation activities, these regulations are generally “managed according to the provisions of law,” (Government of Vietnam, 2022a; MONRE, 2022), while the law on coastal reclamation still possesses loopholes and unspecific regulations. As a result, in addition to the allocation of sea areas for reclamation and approval of the EIA Report, these agencies do not implement other management tasks relating to coastal land reclamation.

Proposal for Reforming Regulations on Coastal Land Reclamation in View of Protecting the Marine Environment and Ecosystem

In order to mitigate the adverse impact of coastal land reclamation on the marine environment and ecosystem, Resolution No. 134/2020/QH14 (National Assembly, 2020d) empowers the government to promulgate regulations on coastal land reclamation. Although the draft of a governmental decree was submitted to the government in 2021 for approval, it has not been promulgated yet. The main reason for this delay is that although the decree is a document guiding the implementation of the law (National Assembly, 2015c), all three laws related to coastal land reclamation (VLS, LNRESI, and Land Law) have no detailed provisions. These laws keep the government from providing detailed regulations that could solve the difficulties in procedures, for example, the acceptance of sea encroachment projects, or the conversion from the right to use the sea area to the right to use the land. To solve the root of the problem, it will be necessary to amend and supplement regulations on coastal land reclamation in the laws promulgated by the National Assembly.

To ensure coastal land reclamation activities promote both socioeconomic development and environmental protection, while also adapting to climate change and preserving coastal ecosystems, the provisions in these three laws will need to be amended and supplemented to manage reclamation activities while the area is still a sea area and to manage the land area after completing the reclamation.

Coastal land reclamation projects should comply with existing regulations, which include two main stages: allocating the sea area for reclamation and managing the land created post-reclamation. The existing regulations must be enshrined in laws rather than sub-law documents and must also be clear and specific, given the unique and complex nature of coastal land reclamation. These laws should also be formulated to facilitate socioeconomic development, preservation of coastal marine ecosystems, and adaptation to climate change. Accordingly, the following are recommended amendments and supplements to the related provisions of the Investment Law (National Assembly, 2013), Law on Public Investment (National Assembly, 2019), and Law on Environmental Protection (National Assembly, 2020c).

Managing Coastal Land Reclamation

Management of coastal land reclamation activities should begin at the first stage—namely the allocation of sea areas for reclamation. These regulations should be amended and supplemented in either the VLS or the LNRESI. Both of these laws are suitable and appropriate for regulating coastal land reclamation activities since the VLS governs the allocation of sea areas for exploitation and use (guided by Decree No. 11/2021/ND-CP), while the LNRESI governs the management of exploitation and use of marine resources. The amendments and supplements should provide separate regulations and specific conditional requirements on the allocation of sea areas for reclamation, specifically focusing on the following aspects: 1.

The spatial limit of coastal land reclamation should encompass reclamation activities conducted in the coastal areas starting from the mean high tide level line of many years toward the sea. This suggestion is based on the scientific documentation of sea levels rising to the mean high-tide line over many years and the importance of the coastal area in terms of ecology, environment, defense, security, and the actual coast of Vietnam.

Regulations of sea areas for land reclamation should have specific content included in the Master Plan on sustainable exploitation and use of coastal resources. During the making of these regulations, the relationship between coastal land reclamation and other sea-use related activities, as well as the state of the coast, must be thoroughly evaluated and considered to ensure harmony among activities and to prevent any adverse impacts on the environment and ecosystems.

The dossier for requests for sea area for reclamation should be revised to ensure that it includes a document stating the reclamation strategy and a detailed description of the area's geographical location, local marine environment, and ecosystem; the expected extent of the impact on the surrounding coastal area and materials; and methods of reclamation to reduce the adverse impact of coastal land reclamation at the time of submitting a proposal and in the future.

The rights and obligations of investors during coastal land reclamation must be clearly defined to ensure strict compliance with regulations related to the marine environment and ecosystem protection.

The 2013 Land Law

The 2013 Land Law (National Assembly, 2013) needs to be supplemented with regulations on the management and use of the newly created land post-reclamation, specifically 1.) regulations on land with coastal water surface and coastal alluvial land; protective forest land against wave break, coastal land reclamation, and increasing land space; 2.) inclusion of marine areas investigated and surveyed for reclamation in the land use master plans and planning so that management use will be in accordance with the Land Law; 3.) detailed regulations on the land allocation transparency, including methods, documents, and procedural rights for organizations and individuals; 4.) provisions for the rights and responsibilities of organizations and individuals in the exploitation and use of the newly created land post-reclamation, especially the responsibility to protect the marine and coastal environment ecosystems.

The 2020 Law of Environmental Protection

The Law of Environmental Protection (National Assembly, 2020c) should be amended and supplemented to include regulations on coastal land reclamation projects, specifically by providing detailed guidelines on EIAs. These guidelines should consist of specific instructions for assessing the effect of materials and methods used for reclamation, the project's impact on the local environment and ecosystem, the influence of climate change and sea level rise on the areas, and the estimated level of impact and cost for ecological restoration.

The Law on Public Investment and the Investment Law

The Law on Public Investment (National Assembly, 2019) and the Investment Law (National Assembly, 2020b) should be amended to specify regulations on approving or deciding investment policies and implementing investment projects requiring coastal land reclamation. These laws should acknowledge that coastal land reclamation projects are conditional investment projects, thereby stipulating requirements of sufficient capacity to protect the marine environment and ecosystem during the project.

Penalties and Detailed Regulations

Penalties and detailed regulations should be spelled out for any violations regarding coastal land reclamation regulations. This includes assessing penalties, remedial measures, and compensation for damage to the marine environment and ecosystems to ensure against violations and guarantee sufficient resources for the restoration of the marine ecosystem environment.

Government Oversight

The Government of Vietnam should designate focal agencies at the national level to oversee coastal land reclamation projects throughout the country and delegate responsibilities to manage coastal land reclamation activities to localities, especially coastal provinces and districts. Such clear decentralization is key to the sufficient allocation of human and financial resources for the effective management of coastal land reclamation.

Conclusion

Although Vietnam allows coastal land reclamation, the existing regulations lack a comprehensive framework for its management, especially concerning environmental and ecosystem protection. To address this issue, regulations on coastal land reclamation should be promulgated as laws, instead of sub-laws, by Vietnam's highest organ of State power, the National Assembly. Accordingly, the amendments and supplements should primarily focus on regulations regarding allocating sea areas for reclamation and managing newly created land. Other regulations related to investment permits, PEIA, EIA, and penalties for violations should also be revised to ensure the protection of the marine environment and ecosystem throughout coastal land reclamation. Lastly, the Vietnamese government must appoint a national agency to supervise coastal land reclamation projects and delegate responsibilities of managing these activities to local authorities.

Footnotes

Funding Information

There was no funding received by the authors for this article.

Author Disclosure Statement

No competing financial interests exist.

References

Columbia Climate School. (2014, November 11). New global maps detail human-caused ocean acidification. Oceans changing in step with rising CO2 emissions. The Earth Institute. http://www.earthinstitute.columbia.edu/articles/view/3211

General Statistics Office of Vietnam. (2020). Statistical yearbook 2019. Statistics Publishing House. https://www.gso.gov.vn/du-lieu-va-so-lieu-thong-ke/2020/09/nien-giam-thong-ke-day-du-nam-2019/

Government of Vietnam. (2016, May 15). Decree No. 40/2016/ND-CP guiding the Law on Natural Resources and Environment of the Sea and Islands. https://luatvietnam.vn/tai-nguyen/nghi-dinh-40-2016-nd-cp-chinh-phu-106286-d1.html

Government of Vietnam. (2021a, February 10). Decree No. 11/2021/ND-CP on assignment of certain sea areas to use marine resources. https://thuvienphapluat.vn/van-ban/Tai-nguyen-Moi-truong/Decree-11-2021-ND-CP-assignment-of-certain-sea-areas-to-individuals-for-use-marine-resources-467139.aspx

Government of Vietnam. (2021b). Decree No. 122/2021/ND-CP on penalties for administrative violations against regulations on planning and investment. https://english.luatvietnam.vn/decree-no-122-2021-nd-cp-on-penalties-for-administrative-violations-against-regulations-on-planning-and-inv-214947-doc1.html

Government of Vietnam. (2022a). Decree No. 68/2022/ND-CP defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment. https://english.luatvietnam.vn/decree-no-68-2022-nd-cp-defining-the-functions-tasks-powers-and-organizational-structure-of-the-ministry-230045-doc1.html

Government of Vietnam. (2022b). Decree No. 08/2022/ND-CP dated January 10, 2022 on elaboration of several articles of the Law on Environmental Protection. https://lawnet.vn/en/vb/Decree-08-2022-ND-CP-elaboration-Articles-of-the-Law-on-Environmental-Protection-7BD43.html

Government of Vietnam. (2022c). Decree No. 45/2022/ND-CP providing penalties for administrative violations against regulations on environmental protection. https://english.luatvietnam.vn/decree-no-45-2022-nd-cp-providing-penalties-for-administrative-violations-against-regulations-on-environmental-225156-doc1.html

Katona

, Polsenberg

, Stewart

J. S.

, Halpern

, Pacheco

E. J.

, et al. (2017). Navigating the seascape of ocean management: Waypoints on the voyage toward sustainable use. Technical Report. https://www.researchgate.net/publication/315788211_Navigating_the_seascape_of_ocean_management_waypoints_on_the_voyage_toward_sustainable_use

10.

Lin

T. Y.

, van Onselen

, & Vo

P. L

. (2021). Coastal erosion in Vietnam: Case studies and implication for integrated coastal zone management in the Vietnamese south-central coastline. IOP Conference Series. Earth and Environmental Science, 652,, 012009.

11.

MONRE. (2019, December 31). Circular No. 24/2019/TT-BTNMT amending and abolishing a number of legal documents under the power of issuance and joint promulgation of the Minister of Natural Resources and Environment. https://accgroup.vn/wp-content/uploads/2023/01/24_2019_TT-BTNMT_433302.pdf

12.

MONRE. (2020, December 8). Assessment of the situation of reclamation in Vietnam, Sea and island sectors. https://vupc.monre.gov.vn/linh-vuc-bien-va-hai-dao/1265/danh-gia-thuc-trang-lan-bien-tai-viet-nam

13.

MONRE. (2021a, October 29). Circular No. 18/2021/TT-BTNMT stipulating the amount of money for use of marine areas under the assigned jurisdiction of PM, Minister of Marine Resources and environment. https://luatvietnam.vn/tai-nguyen/thong-tu-18-2021-tt-btnmt-211769-d1.html

14.

MONRE. (2021b). The 2020 version of the climate change scenario (pp. 10, 102-112). https://opendata.monre.gov.vn/dataset/k-ch-b-n-bi-n-d-i-khi-h-u-phien-b-n-c-p-nh-t-nam-2020.

15.

MONRE. (2022). Decision No. 2988/QD-BTNMT 2022 organizational structure of Vietnam Administration of Seas and Islands. https://luatvietnam.vn/co-cau-to-chuc/quyet-dinh-2988-qd-btnmt-2022-co-cau-to-chuc-cuc-bien-va-hai-dao-viet-nam-257723-d1.html

16.

National Assembly. (2012). Law No. 18/2012/QH13 on Vietnam's Law of the Sea. (VLS) https://thuvienphapluat.vn/van-ban/EN/Giao-thong-Van-tai/Law-No-18-2012-QH13-on-Vietnamese-sea/143992/tieng-anh.aspx

17.

National Assembly. (2013). Land Law. Law No. 45/2013/QH13. https://english.luatvietnam.vn/the-law-no-45-2013-qh13-dated-november-29-2013-of-the-national-assembly-on-land-83386-doc1.html

18.

National Assembly. (2015a). Law No. 15/2012/QH13 on handling of administrative violations. https://www.wipo.int/wipolex/en/text/445570

19.

National Assembly. (2015b). Law No. 80/2015/QH13 on promulgation of normative documents. https://www.economica.vn/Content/files/LAW%20%26%20REG/80_2015_QH13%20Law%20on%20Promulgation%20of%20normative%20documents.pdf

20.

National Assembly. (2015c). Law No. 82/2015/QH13 on Natural Resources and Environment of Sea and Islands (LNRESI). https://www.economica.vn/Content/files/LAW%20%26%20REG/82_2015_QH13%20Law%20on%20natural%20resources%20and%20environment%20of%20sea%20and%20island.pdf

21.

National Assembly. (2015d). The 2015 Civil Code, the latest No. 91/2015/QH13. http://dmslawfirm.com.vn/van-ban/xem-file/240

22.

National Assembly. (2015e). The 2015 Criminal Code (amended by Law No.12/2017/QH1). https://www.wipo.int/wipolex/en/legislation/details/20940

23.

National Assembly. (2019). Law on Public Investment, No. 39/2019/QH14. https://english.luatvietnam.vn/law-on-public-investment-no-39-2019-qh14-of-the-national-assembly-175007-doc1.html

24.

National Assembly. (2020a). Law No. 67/2020/QH14 on handling of Administrative Violations amended in 2020. https://lawnet.vn/en/vb/Law-67-2020-QH14-amendments-the-Law-on-Handling-of-Administrative-Violations-70DCF.html

25.

National Assembly. (2020b). Law on Investment, No. 61/2020/QH14. http://amc.edu.vn/xem-van-ban/vsndoc/40/law-no-612020qh14-dated-june-17-2020-on-investment.aspx

26.

National Assembly. (2020c). Law on Environmental Protection, No. 72/2020/QH14. https://thuvienphapluat.vn/van-ban/EN/Tai-nguyen-Moi-truong/Law-72-2020-QH14-on-Environmental-Protection/463512/tieng-anh.aspx

27.

National Assembly. (2020d). Resolution No. 134/2020/QH14, November 17, 2020, on continuing to implement the National Assembly's resolutions on thematic supervision and questioning during the XIV term and several resolutions during the term XIII. https://vanban.chinhphu.vn/default.aspx?pageid=27160&docid=201861

28.

National Assembly. (2023). Resolution No. 81/2023/QH15 on the National Overall Master Plan for the 2021-2030 period, with a vision toward 2050. https://luatvietnam.vn/xay-dung/nghi-quyet-81-2023-qh15-quy-hoach-tong-the-quoc-gia-thoi-ky-2021-2030-tam-nhin-den-nam-2050-241503-d1.html

29.

Sengupta

, Choi

Y. R.

, Tian

, Brown

, Meadows

, et al. (2023). Mapping 21st century global coastal land reclamation. Earth's Future, 11,, e2022EF002927. https://doi.org/10.1029/2022EF002927

30.

VASI. (2019). Investigation and assessment of environmental pollution and impacts on coastal ecosystems of Vietnam caused by coastal land reclamation activities, (pp. 23-24, 44-126). Final Report of the Project.

31.

Zhang

, Su

, & Ding

(2017). Sea reclamation status of countries around the South China Sea from 1975 to 2010. Sustainability, 9,(6), 878.