Decision No. 14/2018/QD-TTg dated March 12, 2018 of the Prime Minister on promulgating regulation on cooperation in permitting foreign entities to conduct scientific research in the territorial waters of Vietnam, inspecting, controlling and taking actions against violations thereof

THE PRIME MINISTER 

Decision No. 14/2018/QD-TTg dated March 12, 2018 of the Prime Minister on promulgating regulation on cooperation in permitting foreign entities to conduct scientific research in the territorial waters of Vietnam, inspecting, controlling and taking actions against violations thereof

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Resources and Environment of Sea and Islands dated June 25, 2015;

Pursuant to the Government’s Decree No. 41/2016/ND-CP dated May 15, 2016 on elaborating the authorization of foreign organizations and individuals to conduct science research in the marine waters of Vietnam;

At the request of Minister of Natural Resources and Environment;

The Prime Minister promulgates a Decision to promulgate the Regulation on cooperation in permitting foreign entities to conduct scientific research in the territorial waters of Vietnam, inspecting, controlling and taking actions against violations thereof.

Article 1.The Regulation on cooperation in permitting foreign entities to conduct scientific research in the territorial waters of Vietnam, inspecting, controlling and taking actions against violations thereof is promulgated together with this Decision.

Article 2.This Decision takes effect on May 01, 2018.

Article 3.Ministers, heads of ministerial-level agencies, heads of the Government’s affiliates, and Chairpersons of people’s committees of coastal provinces shall be responsible for implementing this Decision./.

For the Prime Minister

The Deputy Minister

Trinh Dinh Dung 

REGULATION

ON COOPERATION IN PERMITTING FOREIGN ENTITIES TO CONDUCT SCIENTIFIC RESEARCH IN THE TERRITORIAL WATERS OF VIETNAM, INSPECTING, CONTROLLING AND TAKING ACTIONS AGAINST VIOLATIONS THEREOF
 (Enclosed with Decision No. 14/2018/QD-TTg dated March 12, 2018 by the Prime Minister)

Chapter I

GENERAL PROVISIONS

Article 1. Scopeof adjustmentand subjects of application:

This Regulation provides for the principles, contents, methods and responsibility for cooperation between the Ministry of Natural Resources and Environment, the Ministry of National Defense, the Ministry of Foreign Affairs, the Ministry of Public Security and the Ministry of Science and Technology (hereinafter referred to as “Ministries”) in permitting foreign entities to conduct scientific research in the territorial waters of Vietnam; processing applications for changes in permitted contents without amendment or extension of the permission decision; inspecting, controlling and taking actions against violations committed by foreign entities that conduct scientific research in the territorial waters of Vietnam.

Giving permission mentioned in this Regulation includes issuance, re-issuance, amendment and extension of a decision on permission for scientific research granted to a foreign entity to conduct scientific research in the territorial waters of Vietnam.

Article 2. Principles of cooperation

1.Ensure effectiveness and elaborate responsibility for cooperation of each Ministry in issuing, re-issuing, amending and extending decisions on permission for scientific research, inspecting, controlling and handling violations committed by foreign entities when conducting scientific research in the territorial waters of Vietnam.

2.Ensure the national secrets as well as confidentiality of information as prescribed by laws; ensure national security and safety at sea and on islands.

3.Promote the cooperation within the ambit of assigned functions, duties and powers of each Ministry; comply with this Regulation and relevant laws.

Article 3. Contents of cooperation

1.Get opinions about applications for issuance, amendment or extension of decisions on permission for scientific research (hereinafter referred to as the "application for permission") submitted by foreign entities that conduct scientific research in the territorial waters of Vietnam.

2.Consider approving changes in permitted contents without amending or extending decisions on permission for scientific research granted to foreign entities that conduct scientific research in the territorial waters of Vietnam.

3.Inspect, control and take actions against violations committed by foreign entities during their performance of scientific research activities in the territorial waters of Vietnam.

Article 4. Methods of cooperation

1.Send official dispatches or emails.

2.Organize meetings for discussing and getting opinions.

3.Exchange and cooperate via telephone or fax.

4.Share and update information concerning scientific research conducted by foreign entities in the territorial waters of Vietnam.

5.Fulfill responsibility for cooperation via the contact points of the Ministry of Natural Resources and Environment, the Ministry of National Defense, the Ministry of Foreign Affairs, the Ministry of Public Security, and the Ministry of Science and Technology.

Chapter II

SPECIFIC PROVISIONS

Article 5. Cooperation in getting opinions about applications for issuance, amendment or extension of decisions on permission for scientific research submitted by foreign entities that conduct scientific research in the territorial waters of Vietnam

1.Responsibility of Ministry of Natural Resources and Environment:

a) Take charge of getting opinions about applications for issuance, amendment or extension of decisions on permission for scientific research submitted by foreign entities that conduct scientific research in the territorial waters of Vietnam;

b) Methods and time-limits for getting opinions about applications for permission

Within a maximum period of 05 working days from the receipt of a valid application for issuance, amendment or extension of the decision on permission for scientific research, the Ministry of Natural Resources and Environment shall send the request for opinions thereof, enclosed with the application for permission, to the Ministries as prescribed in the Government s Decree No. 41/2016/ND-CP dated May 15, 2016 on elaborating the authorization of foreign organizations and individuals to conduct science research in the marine waters of Vietnam (hereinafter referred to as the “Decree No. 41/2016/ND-CP).

The printed versions of the request for opinions and the application for permission shall be sent directly to the Ministries; the files thereof shall be sent to emails of the Ministries and the contact points.

2.Responsibility of Ministries:

a) Give written opinions about the application for issuance, amendment or extension of the decision on permission for scientific research according to the contents and within the time-limit prescribed in the Decree No. 41/2016/ND-CP.

b) The time-limit for giving written opinions to the Ministry of Natural Resources and Environment:

Within the only one working day after the Ministries’ written opinions are duly signed by their authorized officers, the Ministries must send the printed versions of their written opinions and files thereof to the Ministry of Natural Resources and Environment, relevant Ministries and the contact point of the Ministry of Natural Resources and Environment.

3. If the Ministries approve of the application for permission but give different opinions about permitted contents, the Ministry of Natural Resources and Environment shall organize a meeting to get advice from the Ministries and relevant experts.  Based on the conclusions drawn from the meeting, the Ministry of Natural Resources and Environment shall make decision on giving permission to the foreign entity to conduct scientific research in the territorial waters of Vietnam.

Article 6. Cooperation in considering and processing applications for changes in permitted contents without amending or extending decisions on permission for scientific research granted to foreign entities that conduct scientific research in the territorial waters of Vietnam

1.Changing the contents permitted without amending or extending a decision on permission for scientific research granted to the foreign entity that conducts scientific research in the territorial waters of Vietnam is provided for in Clause 3 Article 20 of the Decree No. 41/2016/ND-CP.

2.Upon the receipt of the written request for approval for changes in the permitted contents submitted by the foreign entity as prescribed in Clause 1 of this Article, and based on the nature and complication of such changes, the Ministry of Natural Resources and Environment shall ask the Ministries for opinions thereof, if necessary, before making any decision. The cooperation in giving opinions shall comply with regulations in Article 5 of this Regulation.

Article 7. Cooperation in inspecting, controlling and taking actions against violations committed by foreign entities during their performance of scientific research activities in the territorial waters of Vietnam

1.Responsibility of Ministries:

a) The Ministry of Natural Resources and Environment shall proactively cooperate with the Ministries in inspecting and controlling the scientific research activities performed by foreign entities in the territorial waters of Vietnam; take charge and cooperate with the Ministries in taking actions against violations within its competence in compliance with regulations of the Decree No. 41/2016/ND-CP and relevant laws;

b) The Ministries shall within the ambit of their assigned functions, duties and powers instruct their affiliates to inspect and control scientific research activities performed by foreign entities in the territorial waters of Vietnam, and take actions against violations within their competence.  Maritime patrols and control units, when detecting or being informed of foreign entities’ violations as stated in Clause 1 Article 21 and Clause 1 Article 22 of the Decree No. 41/2016/ND-CP, shall make written reports to the contact point of the Ministry of Natural Resources and Environment for reporting the Leader of the Ministry of Natural Resources and Environment for consideration; make written records of such violations and decisions on actions against violations within their competent in accordance with the laws, and send copies of such decisions to the Ministry of Natural Resources and Environment as prescribed in the Decree No. 41/2016/ND-CP;

c) The Ministry of National Defense shall instruct its affiliates to cooperate with the Ministry of Natural Resources and Environment (via the General Department of Vietnam’s Sea and Islands) in:

Inspecting, controlling, detecting, preventing and handling violations committed by foreign entities when conducting scientific research in the territorial waters of Vietnam;

Supervising the compliance with decisions on suspension or revocation of permission for scientific research granted to foreign entities.

2.The cooperation between the Ministries shall be carried out upon methods stated in Clauses 1, 2, 3, 4, 5 Article 4 of this Regulation.

Article 8. Exchanging, sharing and updating information concerning scientific research conducted by foreign entities in the territorial waters of Vietnam

1.The Ministry of Natural Resources and Environment shall provide sufficient information concerning foreign entities’ applications for permission for scientific research conducted in the territorial waters of Vietnam as requested by the Ministries, consisting of:

a) Incoming and outgoing official dispatches of the Ministries and of foreign entities that apply for permission for scientific research conducted in the territorial waters of Vietnam;

b) Documents issuing, re-issuing, amending or extending decisions on permission for scientific research and written approvals for changes in permitted contents (if any);

c) Reports on the status and findings of scientific research of foreign entities.

2.Responsibility of Ministries:

a) Provide the Ministry of Natural Resources and Environment with their documents giving opinions about the issuance, re-issuance, amendment or extension of decisions on permission for scientific research conducted by foreign entities in the territorial waters of Vietnam;

b) Report the Ministry of Natural Resources and Environment on inspection, control and actions against violations committed by foreign entities when conducting scientific research in the territorial waters of Vietnam;

c) Provide the Ministry of Natural Resources and Environment with the information concerning foreign entities that apply for permission for conducting scientific research in the territorial waters of Vietnam.

3.Methods and time-limits for providing information:

a) Information about documents and papers related to the issuance, re-issuance, amendment and extension of decisions on giving permission to foreign entities to conduct scientific research in the territorial waters of Vietnam shall be provided according the methods stated in Clauses 1, 2, 3 Article 4 of this Regulation. Information shall be provided within the time-limits specified in Article 5 of this Regulation or as requested;

b) Information concerning the inspection, control and actions against violations committed by foreign entities when conducting scientific research in the territorial waters of Vietnam shall be provided according the methods stated in Clauses 1, 2, 3 Article 4 of this Regulation. Information must be provided as soon as possible so as to facilitate the cooperation in inspection and control of scientific research activities as well as timely and effectively take actions against violations thereof.

Chapter III

IMPLEMENTATION PROVISIONS

Article 9. Responsibility for implementation

1.Ministries shall within the ambit of their assigned functions, duties and powers instruct their affiliates to promote cooperation in performing relevant contents specified in this Regulation.

2.The General Department of Vietnam’s Sea and Islands shall act as the contract point and provide advice for the Ministry of Natural Resources and Environment in performing cooperation duties specified in this Regulation.

3.Pursuant to regulations in the Decree No. 41/2016/ND-CP and within the ambit of their assigned functions, duties and powers, the Ministry of National Defense, the Ministry of Foreign Affairs, the Ministry of Public Security, and the Ministry of Science and Technology shall assign their contact points to fulfill responsibility for cooperation in permitting foreign entities to conduct scientific research in the territorial waters of Vietnam, and send required reports to the Ministry of Natural Resources and Environment (via the General Department of Vietnam’s Sea and Islands).

Article 10. Implementation organization 

1.The Ministry of Natural Resources and Environment, the Ministry of National Defense, the Ministry of Foreign Affairs, the Ministry of Public Security, and the Ministry of Science and Technology shall organize the implementation of this Regulation.

2.Any difficulties that arise during the implementation of this Regulation should be promptly reported to the Ministry of Natural Resources and Environment for reporting the Prime Minister./.