Amending policies to remove barriers for sustainable blue economy

The Ministry of Agriculture and Environment has recently released the policy dossier for a new Law on Marine and Island Resources and Environment (replacement law). The objective is to establish a unified legal foundation for integrated management of marine and island resources and the environment; improve the effectiveness and efficiency of state management; remove legal barriers hindering sustainable marine economic development; strengthen protection of the marine environment, ecosystems, and coastal areas; and ensure full compliance with international commitments and treaties to which Vietnam is a party.

Adjustments needed to mobilize resources and promote international integration

According to the Ministry of Agriculture and Environment, after nearly 10 years of implementation, the 2015 Law on Marine and Island Resources and Environment has provided an important legal foundation for integrated resource management and environmental protection in marine and island areas. It has helped raise social awareness, promote the protection of marine ecosystems, ensure rational exploitation of resources, support sustainable marine economic development, and safeguard national defense, security, and sovereignty.

Baseline marine investigations and marine scientific research have been strengthened and have achieved many important results, including the development of nautical charts and seabed maps, geological and ecological surveys, and identification of key ecosystems and fishery resources.

Integrated coastal zone management has also improved. Coastal planning has been approved, coastal protection corridors have been established along about 50% of the country’s coastline, and management records for island resources have gradually been completed.

However, with new demands arising from marine economic development, advances in science and technology, and increasing pressure on marine resource use, existing regulations have revealed several shortcomings and inconsistencies.

Some provisions also conflict with or overlap with other laws, lack specificity, or do not fully reflect practical needs. Examples include regulations on coastal protection corridors; zoning and identification of sea areas according to usage purposes; management of marine scientific research; mechanisms for controlling pollution from land-based, marine, and transboundary sources; handling of offshore structures and equipment after their service life; management of sea dumping activities; and sharing and integration of marine data.

In addition, the current law lacks appropriate mechanisms to attract private sector participation in baseline surveys and marine scientific research, especially as state budget resources remain limited. Some provisions on decentralization and delegation of authority also require further review and amendment, particularly in areas such as coastal resource protection, marine environmental protection from marine debris (including plastic waste), incorporation of international treaties into domestic law, and management of marine spatial use.

Furthermore, many major policy orientations issued by the Party in recent years require continued revision and improvement of maritime legislation.

Five major policy groups

The policy dossier focuses on five major policy groups.

First, strengthening the management and use of marine space. This policy aims to allocate marine areas rationally for different uses, ensure transparency, align with national marine spatial planning and sectoral planning, and reduce conflicts between resource-use activities.

Second, strengthening integrated management of resources and environmental protection in coastal zones.This policy aims to establish a comprehensive, unified, and feasible legal framework to better protect coastal resources and environments, especially in the transitional zone between the average high-tide line and the average lowest sea-water line over many years. It also focuses on preventing and controlling erosion, degradation, pollution, and adverse impacts of climate change and sea-level rise; protecting natural landscapes and coastal ecosystems; and enhancing coastal resilience to support sustainable marine economic development, stable coastal livelihoods, and national defense and security.

Third, controlling marine and island environmental pollution. This policy seeks to increase the responsibility of organizations and individuals causing pollution, strengthen monitoring and observation systems, improve compensation and remediation mechanisms, and promote early prevention measures.

Fourth, promoting science, technology, and digital transformation in the marine sectors. The new law will provide a legal basis for applying modern technologies to baseline surveys, monitoring, supervision, and data management, while encouraging scientific research and innovation to support marine economic development.

Fifth, introducing mechanisms for sustainable marine economic development. This policy establishes principles for a green, efficient, and sustainable marine economy, linking resource exploitation with conservation while safeguarding the legitimate rights and interests of communities, enterprises, and the State.

Overall, the draft replacement law on Marine and Island Resources and Environment has been developed based on practical implementation experience and aligned with socio-economic development needs and international integration requirements. Once adopted, the law will provide an important legal foundation to enhance the effectiveness of state management of marine areas, ensure rational exploitation and sustainable use of resources, protect marine environments and ecosystems, and contribute to Vietnam’s goal of becoming a strong maritime nation and prospering from the sea in the new era.

According to the Ministry of Agriculture and Environment, nearly a decade of implementing the current law has gradually strengthened marine and island environmental protection through better control of pollution sources from land and sea, implementation of waste management programs, improved mechanisms for responding to oil spills and toxic chemical incidents, publication of marine environmental status reports, stronger management of sea dumping activities, and the gradual development of a national database on marine and island resources and environments.