完善 legal framework for sustainable marine economic development.

On the afternoon of May 5th, Deputy Minister of Justice Nguyen Thanh Tu chaired a meeting of the Council for appraising the policy dossier of the draft Law on Marine and Island Resources and Environment (amended). Delegates focused on discussing many important issues aimed at perfecting the legal framework for integrated resource management, marine environmental protection, and promoting sustainable marine economic development in the new phase.

According to the submission from the Ministry of Agriculture and Environment , the drafting of the Law on Marine and Island Resources and Environment (amended) aims to improve policies and laws on integrated resource management, environmental protection, and the management and use of marine space; enhance the efficiency of resource exploitation and use; and promote the development of the marine economy in a modern, synchronized, and feasible direction. The draft law also contributes to institutionalizing the Party's guidelines and the State's policies, internalizing international commitments on the sea and oceans, and working towards the goal of making Vietnam a strong maritime nation, prosperous from the sea.

The amendments to the law also aim to establish a complete and consistent legal framework with the current legal system; overcome overlapping, conflicting, and redundant regulations; eliminate institutional barriers and fill existing legal gaps. This will ensure the rational, efficient, and sustainable management, exploitation, and use of marine resources; enhance ocean governance capacity; and control marine environmental risks in the long term.

In addition, the bill aims to strengthen environmental protection, conserve biodiversity and marine and island ecosystems; proactively adapt to climate change and sea level rise; and build a transparent, stable, and favorable legal environment for people, businesses, and other entities involved in exploiting and using marine space.

Meeting of the Council for evaluating the policy dossier of the draft Law on Marine and Island Resources and Environment (amended). (Photo: Ministry of Justice )

The policies are developed focusing on several key objectives such as: perfecting the institutional framework for managing marine and island resources and the environment; creating a comprehensive legal foundation for sustainable marine economic development; and establishing groundbreaking incentive and support mechanisms to promote marine economic activities. The draft law requires linking resource exploitation and utilization with ecosystem protection, conservation, and restoration; efficient use of marine space; and enhancing national competitiveness while ensuring national defense, security, and interests at sea.

A notable aspect of the bill is its strong shift from a "pollution control" mindset to a "proactive prevention and risk management" approach. Accordingly, the regulations focus on improving the effectiveness of marine environmental protection; strengthening pollution prevention, control, and remediation; and conserving biodiversity and sensitive coastal ecosystems.

The bill also aims to promote administrative procedure reform, cut unnecessary regulations, and strengthen procedural linkages in the field of maritime and island affairs to facilitate convenience for citizens and businesses.

At the meeting, delegates focused on contributing ideas to finalize four major policy groups: improving regulations on the management and use of maritime space, clearly defining responsibilities and ensuring national defense and security; perfecting regulations on the rights and obligations of organizations and individuals using maritime areas; strengthening control over marine and island environmental pollution; and developing specific incentive and support mechanisms to promote the development of the marine economy.

Concluding the meeting, Deputy Minister Nguyen Thanh Tu requested a further review of the scope of regulation, ensuring consistency in terminology between the law's title and policy content, avoiding overlapping or omitted regulations. The Deputy Minister emphasized that the draft should adhere closely to the resolutions and conclusions of the Central Committee; clarify the division of power between the Central and local governments in managing marine space and controlling pollution; and clearly demonstrate the need for administrative procedure reform and reduction of investment and business conditions to alleviate difficulties for businesses.

Regarding specific incentive and support mechanisms, the Deputy Minister stated that this is a groundbreaking approach, but policy design must ensure compliance with the current legal framework, especially in the areas of taxation and budget. If a proposed mechanism exceeds the authority of the agency, it must be reported to the competent authority for consideration.

Regarding legal consistency and international compatibility, the draft needs to be synchronized with related laws such as the Law on National Borders, the Law on Environmental Protection, the Law on Land, the Law on Fisheries, the Law on State Budget, and tax laws; while also ensuring compliance with the 1982 United Nations Convention on the Law of the Sea.

Regarding defense, security, and implementation resources, the Deputy Minister requested clarification of the rights and obligations of entities involved in the exploitation and use of maritime space, ensuring that national sovereignty is not affected; and a thorough assessment of the impact on human resources and finances, especially in the context of developing new maritime economic sectors.

The appraisal council unanimously agreed to report to the Government after the drafting agency incorporates and finalizes the dossier. The focus of the revisions includes perfecting the scope of regulation in line with a modern governance model; ensuring consistency with the decentralization and administrative procedure reform policies; ensuring the uniformity of the legal system, especially in the financial sector; addressing practical difficulties; and completing the dossier with complete and accurate data and legal basis.

At the end of the meeting, Deputy Minister Nguyen Thanh Tu requested the drafting agency to seriously consider the feedback received, coordinate closely with ministries, agencies, and experts to further refine the draft law, ensuring its feasibility, consistency, and effectiveness when enacted.

Source: https://thoidai.com.vn/hoan-thien-hanh-lang-phap-ly-phat-trien-kinh-te-bien-ben-vung-221252.html