Decree No. 11/2021/ND-CP assignment of certain sea areas to individuals for use marine resources

Summary
Content
Status
Vietnamese
Download

Error message

Font size:

ATTRIBUTE

Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government providing the assignment of certain sea areas to organizations and individuals for marine resource exploitation and utilization

Issuing body:	Government	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	11/2021/ND-CP	Signer:	Nguyen Xuan Phuc
Type:	Decree	Expiry date:	Updating
Issuing date:	10/02/2021	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Natural Resources - Environment

SUMMARY

Total extended period of sea area assignment duration must not exceed 20 years

The Decree No. 11/2021/ND-CP providing the assignment of given sea areas to organizations and individuals for marine resource exploitation and use is issued on February 10, 2021 by the Government.

Accordingly, the duration for sea area assignment shall be considered and decided in every specific case based on the application for sea area assignment, investment project, and duration specified in the written permission for the exploitation and use of marine resources issued by competent state agencies, but must not exceed 30 years.

With regard to investment projects approved by competent state agencies or decided on investment policies, granted investment registration certificates or investment certificates that have the duration exceeding 30 years, the duration for sea area assignment shall be considered and decided for more than 30 years but must not exceed the investment duration stated in written approvals or decisions on investment policies, investment registration certificates or investment certificates (except for investment projects on marine aquaculture).

Besides, the duration for sea area assignment may be extended for multiple times, but the total extension duration must not exceed 20 years.

This Decree takes effect on March 30, 2021.

For more details, click here.

Download files here.

LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency

Effect status: Known

THE GOVERNMENT		THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness
No. 11/2021/ND-CP		Hanoi, February 10, 2021

DECREE

Providing the assignment of certain sea areas to organizations and individuals for marine resource exploitation and utilization^{^[1]}

Pursuant to the June 19, 2015 Law on Organization of the Government, and the November 22, 2019 Law Amending and Supplementing a Number of the Law on Organization of the Government and Law on Organization of Local Administration;

Pursuant to the June 21, 2012 Law on the Sea of Vietnam;

Pursuant to the June 25, 2015 Law on Marine and Island Resources and Environment;

Pursuant to the November 21, 2017 Law on Fisheries;

Pursuant to the November 24, 2017 Planning Law;

Pursuant to November 20, 2018 Law Amending and Supplementing a Number of Articles of 37 Laws concerning Planning;

At the proposal of the Minister of Natural Resources and Environment;

The Government promulgates the Decree providing the assignment of certain sea areas to organizations and individuals for marine resource exploitation and utilization.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. Scope of regulation

a/ This Decree provides the assignment of certain sea areas measured from the shoreline with the lowest mean sea level in many years to outmost boundaries of maritime zones of Vietnam to organizations and individuals for marine resource exploitation and utilization under documents permitting marine resource exploitation and utilization issued by competent state agencies to such organizations and individuals in accordance with law;

b/ The use of sea areas for national defense and security purposes is not regulated by this Decree.

2. Subjects of application

This Decree applies to state management agencies, and organizations and individuals involved in the assignment of sea areas for marine resource exploitation and utilization.

Article 2. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Assignment of sea area(s) means decision by a competent state agency to permit an organization or individual to use one or more than one certain sea area (below referred to as sea area) for marine resource exploitation and utilization for a given period of time.

2. Sea area assigned to an organization or individual means part of a maritime zone of Vietnam, with specific location, coordinates, boundaries, area and depth identified by one or more component(s) including sea surface, seawater column, seabed and the subsoil thereof, which are delimited and shown on sea area maps.

3. Inter-regional sea area means a sea area lying in two or more coastal provinces or centrally run cities, or partly lying in a maritime zone of 6-nautical mile limit and partly lying beyond a maritime zone of 6-nautical mile limit.

4. Maritime zone of 3-nautical mile limit means a maritime zone with its inner boundary being the shoreline with the lowest mean sea level in many years and its outer boundary lying at a distance of 3 nautical miles away from the shoreline with the lowest mean sea level in many years.

5. Maritime zone of 6-nautical mile limit means a maritime zone with its inner boundary being the shoreline with the lowest mean sea level in many years and its outer boundary lying at a distance of 6 nautical miles away from the shoreline with the lowest mean sea level in many years.

6. Document permitting marine resource exploitation and utilization issued by a competent state agency to an organization or individual in accordance with law means:

a/ A marine resource exploitation and utilization permit issued to an organization or individual in accordance with a specialized law;

b/ In case no specialized law provides the form of permit, a document permitting an organization or individual to exploit and utilize marine resources may take one of the following forms: investment certificate or investment registration certificate as specified by law; decision of a competent state agency on shifting from inshore fishing to aquaculture in accordance with the law on fisheries, or certification by a commune-level People’s Committee that a Vietnamese individual is permanently residing in the locality with his/her main income earned from aquaculture; document of a competent state agency permitting an organization or individual to perform scientific and technological tasks; or another document permitting an organization or individual to exploit and utilize marine resources in accordance with law.

Article 3. Boundaries and area of sea areas

1. The boundaries of a sea area are delimited by closed line sections connecting angular points with specific coordinates and shown on seabed relief maps of appropriate scales published by the Ministry of Natural Resources and Environment.

2. The area of sea areas to be assigned to organizations and individuals shall be considered and decided on a case-by-case basis, taking into consideration the following factors:

a/ Need of organizations and individuals to use sea areas as stated in their requests for assignment of sea areas or in investment projects;

b/ Area for marine resource exploitation and utilization under documents permitting marine resource exploitation and utilization issued by competent state agencies;

c/ Reports on results of appraisal of dossiers of request for assignment of sea areas made by competent state management agencies;

d/ Safety corridors of works and equipment (if any) as specified by specialized laws.

3. The Ministry of Natural Resources and Environment shall determine and announce the shoreline of the lowest mean sea level in many years and outer boundaries of maritime zones of 3-nautical mile limit and maritime zones of 6-nautical mile limit of the mainland and largest islands of island districts.

Article 4. Principles for assignment of sea areas

1. To ensure national defense, security, sovereignty, sovereign rights, jurisdiction and national interests on the sea in accordance with relevant treaties to which Vietnam is a contracting party.

2. To ensure conformity with natural laws and use functions of sea areas by the method of integrated management of marine resources based on ecosystem approach; to meet requirements on rational, economical and efficient exploitation and utilization of natural resources, environmental protection, conservation of marine and island nature and biodiversity, and response to climate change and sea level rise.

3. To ensure conformity with the master plan on national marine space and the overall master plan on sustainable exploitation and utilization of coastal resources.

4. To guarantee interests of organizations and individuals permitted to lawfully exploit and utilize marine resources; to guarantee the people’s access to the sea.

5. A sea area may be assigned to one or more organization(s) or individual(s) for marine resource exploitation and utilization for one or more purpose(s) which must not be contrary to lawful marine resource exploitation and utilization activities of other permitted organizations and individuals.

Article 5. Grounds for assignment of sea areas

1. Needs of organizations or individuals for use of sea areas for marine resource exploitation and utilization.

2. Documents permitting marine resource exploitation and utilization issued by competent state agencies to organizations and individuals in accordance with law.

3. Master plan on national marine space and overall master plan on sustainable exploitation and utilization of coastal resources.

In case the master plan on national marine space or overall master plan on sustainable exploitation and utilization of coastal resources is not available or has been approved but does not state a sea area requested to be assigned, the assignment of sea areas shall be based on one of the master plans approved by competent state agencies in the following order of priority:

a/ National master plans of sectors;

b/ Regional master plans;

c/ Provincial master plans;

d/ Master plans of special administrative-economic units;

dd/ Technical and specialized master plans.

In case none of the above master plans is available, the determination of location, boundaries and area of a sea area to be assigned must comply with Clause 4 of this Article.

4. The determination of location, boundaries and area of a sea area to be assigned in case none of the master plans specified in Clause 3 of this Article is available must satisfy the following requirements:

a/ The sea area proposed to be used for marine resource exploitation and utilization activities does neither affect activities related to national defense, security, sovereignty, sovereign rights, jurisdiction and national interests on the sea, nor affect the fulfillment of obligations specified in relevant treaties to which the Socialist Republic of Vietnam is a contracting party;

b/ The sea area proposed to be used for marine resource exploitation and utilization activities ensures that such activities do not adversely affect the environment, marine ecosystems, aquatic resources, human health or national economic development potential in accordance with law;

c/ The sea area proposed to be used for marine resource exploitation and utilization activities ensures that such activities do not affect the use safety of seaport facilities and navigable channels, petroleum works, optical fiber cable lines and power cable lines under the sea, activities of community organizations that perform co-management in the protection of aquatic resources, and other lawful natural resource exploitation and utilization activities of organizations and individuals in accordance with law;

d/ The Ministry of Natural Resources and Environment shall determine the locations, boundaries and area of sea areas falling under the Prime Minister’s or its own competence to assign sea areas after consulting the Ministry of National Defense, Ministry of Public Security, Ministry of Foreign Affairs and related ministries, sectors and provincial-level People’s Committees on the issues specified at Points a, b and c of this Clause;

dd/ Provincial-level People’s Committees of coastal localities shall determine the locations, boundaries and area of sea areas falling under their localities’ competence to assign sea areas after consulting the Ministry of Natural Resources and Environment, Ministry of National Defense, Ministry of Public Security, Ministry of Foreign Affairs, provincial-level military and public security units, and related agencies and organizations on the issues specified at Points a, b and c of this Clause;

e/ District-level People’s Committees of coastal localities shall determine locations, boundaries and area of sea areas falling under their localities’ competence to assign sea areas after consulting provincial-level Departments of Natural Resources and Environment, Departments of Agriculture and Rural Development, provincial-level military and public security units, and related agencies and organizations on the issues specified at Points a, b and c of this Clause.

Article 6. Sea area assignment and recognition periods

1. Sea area assignment period:

a/ Except the case specified at Point b of this Clause, the sea area assignment period shall be considered and decided for every specific case based on a request for sea area assignment, an investment project or the duration stated in a document permitting marine resource exploitation and utilization issued by a competent state agency, which must not exceed 30 years;

b/ For an investment project with its investment policy approved or decided or with its investment registration certificate or investment certificate granted by a competent state agency for a period of over 30 years, the sea area assignment period may be longer than 30 years but must not exceed the investment period stated in the document on investment policy approval or decision, investment registration certificate or investment certificate (except investment projects on marine aquaculture);

c/ The sea area assignment period may be extended many times provided that the total extended period must not exceed 20 years.

2. In case the sea area assignment period specified in Clause 1 of this Article has expired, if the organization or individual assigned such sea area wishes to continue using the sea area, it/he/she may be considered by a competent state agency for being further assigned such sea area under this Decree if the following conditions are satisfied:

a/ The document permitting it/him/her to exploit and utilize marine resources remains valid;

b/ The use of the sea area remains conformable with the relevant master plan under Clause 3, Article 5 of this Decree.

3. The sea area recognition period for an organization or individual must be equal to the remaining validity period of the previous decision on allocation of land or contract on lease of land with coastal water surface or seawater surface issued by a competent state agency.

4. The period of sea area assignment for sea encroachment shall be considered on the basis of a sea encroachment plan of an approved investment project. Organizations and individuals assigned sea areas for sea encroachment for implementation of investment projects may continue using land areas acquired after sea encroachment in accordance with the land law.

Article 7. Rights and obligations of organizations and individuals assigned sea areas

1. Organizations and individuals assigned sea areas have the following rights:

a/ To use sea areas for marine resource exploitation and utilization under sea area assignment decisions;

b/ To be considered for extension or modification and supplementation of sea area assignment decisions, or for return of sea areas;

c/ To use information and data related to assigned sea areas in accordance with law;

d/ To be considered for compensation upon recovery of sea areas by competent state agencies for use for national defense or security purposes, or for national or public interests in accordance with law;

dd/ To file complaints or lawsuits when their lawful rights and interests are infringed upon;

e/ Other rights as provided by law.

2. Organizations and individuals assigned sea areas have the following obligations:

a/ To use assigned sea areas according to the purposes, boundaries, area, depth, height, and duration stated in sea area assignment decisions; not to encroach upon the sea; not to violate master plans approved by competent state agencies;

b/ Not to carry out activities detrimental to national defense, security, sovereignty, sovereign rights, jurisdiction and national interests on the sea; not to pollute and destroy the marine environment and ecosystems; not to affect and impede marine traffic; not to obstruct inspection, examination, baseline survey, scientific research, survey, exploration, exploitation and use of marine resources and environment, and other lawful activities permitted by competent state agencies in maritime zones of Vietnam;

c/ To protect the marine environment; to annually report on use of assigned sea areas to state agencies competent to assign sea areas; not to provide information about sea areas in contravention of law;

d/ To pay use levy for sea areas in accordance with law; to use assigned sea areas only after fulfilling financial obligations under regulations; to notify their intention to use sea areas to state agencies competent to assign sea areas in order to get such sea areas handed over for use;

dd/ Not to transfer rights to use assigned sea areas, except the case specified in Clause 3 of this Article;

e/ Not to exploit and use marine resources in sea areas not yet assigned by competent state agencies;

g/ To abide by competent state agencies’ decisions on recovery of assigned sea areas;

h/ Other obligations specified by law.

3. Organizations and individuals assigned sea areas for aquaculture have the rights and obligations specified in Clauses 1 and 2 of this Article and the rights and obligations specified in Articles 46 and 47 of the Law on Fisheries.

Chapter II

ASSIGNMENT, RECOGNITION AND RETURN OF SEA AREAS; EXTENSION, MODIFICATION AND SUPPLEMENTATION OF SEA AREA ASSIGNMENT DECISIONS

Article 8. Competence to assign, recognize, and permit return of, sea areas; extend, modify and supplement sea area assignment decisions; recover sea areas

1. The Prime Minister shall decide to assign sea areas to organizations and individuals for implementation of investment projects on marine resource exploitation and utilization with investment policy to be approved or decided by the National Assembly or Government, except cases of assignment of sea areas for dumping at sea or aquaculture.

2. Except the case specified in Clause 1 of this Article, the Ministry of Natural Resources and Environment shall decide to assign:

a/ Sea areas to organizations and individuals for implementation of investment projects on marine resource exploitation and utilization with investment policy to be approved or decided by the Prime Minister;

b/ Inter-regional sea areas; sea areas lying beyond maritime zones of 6-nautical mile limit measured from the shoreline of the lowest mean sea level in many years of the mainland and islands as specified in Clause 3, Article 3 of this Decree;

c/ Sea areas to foreign investors or foreign-invested economic organizations upon the latter’ request for implementation of investment projects on marine resource exploitation and utilization.

3. Provincial-level People’s Committees of coastal localities shall decide to assign sea areas lying in maritime zones of 6-nautical mile limit measured from the shoreline of the lowest mean sea level in many years of the mainland and islands as specified in Clause 3, Article 3 of this Decree, except the cases specified in Clauses 1, 2 and 4 of this Article.

4. District-level People’s Committees of coastal localities shall decide to assign to Vietnamese individuals for aquaculture under Point a, Clause 2, Article 44 of the Law on Fisheries sea areas lying in maritime zones of 3-nautical mile limit measured from the shoreline of the lowest mean sea level in many years of the mainland and islands as specified in Clause 3, Article 3 of this Decree.

The maximum sea area to be assigned to an organization or individual for aquaculture under this Clause is 1 hectare.

5. State agencies that are competent to assign certain sea areas may recognize, extend, modify and supplement sea area assignment decisions, and permit return of, or recover, such sea areas.

Article 9. Assignment of sea areas

1. The assignment of a sea area may be considered when the following conditions are satisfied:

a/ The assignment requester has obtained a competent state agency’s document permitting marine resource exploitation and utilization in the sea area requested to be assigned;

b/ The sea area requested to be assigned conforms with a master plan specified in Article 5 of this Decree;

c/ The assignment requester has submitted a complete dossier of request for assignment of such sea area specified in Article 15 of this Decree to a dossier-receiving agency.

2. The assignment of sea areas to organizations and individuals for marine resource exploitation or utilization shall be demonstrated by a sea area assignment decision, made according to Form No. 06 provided in the Appendix to this Decree.

3. A sea area assignment decision must have the following principal contents:

a/ Name and address of the organization or individual to be assigned the sea area;

b/ Sea area use purpose(s);

c/ Location, boundaries and area of the sea area;

d/ Depth of the sea area; heights of works and equipment permitted for use (if any);

dd/ Sea area assignment period;

e/ Mode of payment of use levy for the sea area; payable use levy amount for the sea area;

g/ Obligations of the organization or individual to be assigned the sea area;

h/ Effect of the decision;

i/ Other relevant contents.

4. Sea area assignment is not required for scientific research activities of Vietnamese organizations and individuals (except scientific research activities using fixed sea areas and scientific research activities carried out by foreign organizations and individuals in maritime zones of Vietnam); measurement, monitoring, survey and evaluation of marine resources; and fishing and remediation of direct consequences of natural disasters and environmental incidents on the sea. Depending on the scope of and competence for sea area assignment, competent state management agencies specified in Article 8 of this Decree shall consider and approve in writing locations, boundaries, area, coordinates, depth and use periods of sea areas for Vietnamese organizations and individuals to carry out scientific research, measurement, monitoring, survey and evaluation of marine resources.

Article 10. Recognition of sea areas

1. Organizations and individuals that are allocated or leased land with coastal water surface or seawater surface under decisions of competent state agencies in accordance with law before the effective date of this Decree may continue using such land and exercise their rights and perform their obligations until the expiration of land allocation periods or land lease terms in accordance with law. In this case, if organizations and individuals wish to have their sea areas recognized, they shall submit a complete dossier of request for sea area recognition specified in Article 17 of this Decree. The sea area recognition shall be demonstrated by a sea area assignment decision with the sea area assignment period equal to the remaining validity period of the decision on allocation or lease of land with coastal water surface or seawater surface.

2. Organizations and individuals that were granted by competent state agencies documents permitting marine resource exploitation and utilization in accordance with law before July 15, 2014, and are currently using sea areas without having obtained decisions of competent state agencies on allocation or lease of land with coastal water surface or seawater surface or assignment of sea areas in accordance with law shall submit a complete dossier of request for sea area recognition specified in Article 17 of this Decree. The sea area recognition shall be demonstrated by a sea area assignment decision with the sea area assignment period equal to the remaining validity period of the document permitting marine resource exploitation and utilization.

Organizations and individuals that are granted by competent state agencies documents permitting marine resource exploitation and utilization in accordance with law after July 15, 2014, shall submit a dossier of request for sea area assignment specified in Article 15 of this Decree.

3. For organizations and individuals that are currently using sea areas in the case specified in Clause 1 of this Article and do not wish to have such sea areas recognized, the competent state agencies specified at Point b, Clause 2, Article 25 of this Decree shall update and verify information on names of sea area users; and locations, boundaries, area, depth, use purposes and remaining use periods of sea areas, draw up charts of sea areas according to Form No. 09 provided in the Appendix to this Decree, and make dossiers for management.

Article 11. Extension of sea area assignment periods

1. The extension of a sea area assignment period may be considered when the following conditions are satisfied:

a/ The document permitting marine resource exploitation and utilization remains valid or is extended by a competent state management agency;

b/ The extension requester uses the assigned sea area for proper purposes and fully complies with regulations on environmental protection;

c/ By the time of request for extension, the requester has fulfilled its/his/her financial obligations and other obligations in accordance with law;

d/ The extension requester submits a complete dossier of request for extension of the sea area use period specified in Article 19 of this Decree to a dossier-receiving agency while the sea area assignment decision remains valid.

2. The extension of a sea area assignment period shall be considered on a case-by-case basis, provided that the total extended period must not exceed 20 years. The extension shall be demonstrated by issuance of a new decision on sea area assignment.

Article 12. Return of sea areas

1. Organizations or individuals may return part or the whole of assigned sea areas when they no longer need to use such sea areas.

2. In case an organization or individual proposes return of the whole of its/his/her assigned sea area, approval of the return shall be demonstrated by a decision permitting the return of a sea area, made according to Form No. 07 provided in the Appendix to this Decree.

3. In case an organization or individual proposes return of part of its/his/her assigned sea area, approval of the return shall be demonstrated by a new decision on sea area assignment for the remaining sea area.

4. Organizations and individuals that wish to return their assigned sea areas shall submit a complete dossier specified in Article 21 of this Decree to a dossier-receiving agency while the sea area assignment decision remains valid.

5. Organizations and individuals that return their assigned sea areas shall take measures to restore the marine environment in such sea areas; and fulfill financial obligations and other obligations in accordance with law.

6. Organizations and individuals that are assigned sea areas for exploitation of non-renewable natural resources may not return part of their assigned sea areas.

Article 13. Modification and supplementation of sea area assignment decisions

1. A sea area assignment decision may be modified and supplemented in the following cases:

a/ Information about the organization or individual assigned the sea area is changed without leading to a change in the ownership of such organization or individual, except the cases specified at Points b and c of this Clause;

b/ The ownership of the organization or individual assigned the sea area is changed in case such individual or the individual owner of the sole proprietorship or individual owner of the single-member limited liability company is dead and has his/her heir;

c/ The organization or individual assigned the sea area transfers the investment project associated with sea area use rights or changes the investor as permitted or approved by a competent state agency in accordance with the law on investment; or its/his/her enterprise is divided, consolidated or merged in accordance with the law on enterprises;

d/ The depth of the sea area or the height of a work or equipment permitted for use (if any) is changed;

dd/ Contents of scientific and technological tasks serving aquaculture and other marine scientific and technological tasks involving the use of fixed sea areas are changed, leading to a change in contents of the sea area assignment decision.

2. Organizations and individuals shall submit a complete dossier of request for modification and supplementation of a sea area assignment decision specified in Article 23 of this Decree to a dossier-receiving agency.

3. By the time of request for modification and supplementation of a sea area assignment decision, organizations and individuals assigned sea areas have fulfilled their obligations in accordance with law and such sea area assignment decision remains valid.

4. The modification and supplementation of a sea area assignment decision shall be demonstrated by a new decision on sea area assignment with the sea area assignment period equal to the remaining validity period of the previous decision on sea area assignment.

5. In the case specified at Point c, Clause 1 of this Article, before carrying out procedures for transferring an investment project associated with sea area use rights, changing the investor, or dividing, consolidating or merging an enterprise(s), the organization or individual assigned the sea area shall send a written request to collect opinions of an agency competent to assign sea areas specified in Article 8 of this Decree.

Article 14. Use of sea areas for dumping at sea

1. An organization or individual that fully satisfies the law-specified conditions may be granted a permit for dumping at sea or have such permit extended; or may have such permit modified and supplemented in case there is a change in boundaries or area of the sea area used for dumping; in this case, a state agency competent to grant, extend, or modify and supplement permits for dumping at sea shall concurrently grant a permit for dumping at sea and issue a decision on assignment of the sea area to the organization or individual.

The organization or individual is not required to submit a dossier of request for sea area assignment, extension of the sea area assignment period, or modification and supplementation of the sea area assignment decision. A competent state agency shall consider and decide on sea area assignment, extension of the sea area assignment period, or modification and supplementation of the decision on assignment of the sea area for dumping at sea in the course of consideration and decision on the grant, extension, or modification and supplementation of a permit for dumping at sea.

2. Organizations and individuals assigned sea areas for dumping at sea shall pay one-off sea area use levy.

Article 15. Dossiers of request for sea area assignment

1. A dossier of request for sea area assignment must comprise:

a/ A written request for sea area assignment, made according to Form No. 01 provided in the Appendix to this Decree;

b/ A copy of the document permitting marine resource exploitation and utilization issued by a competent state agency;

c/ A copy of one of the following documents: Decision on approval of the environmental impact assessment report, written certification of the environmental protection plan, environmental protection commitment, and detailed environmental protection scheme or simple environmental protection scheme of the project (if any) in accordance with the law on environmental protection;

d/ A chart of the sea area requested to be assigned, showing coordinates of angular points of such sea area, made according to Form No. 05 provided in the Appendix to this Decree.

2. A Vietnamese individual’s dossier of request for sea area assignment for aquaculture under Point a, Clause 2, Article 44 of the Law on Fisheries must comprise:

a/ A written request for sea area assignment, made according to Form No. 01 provided in the Appendix to this Decree;

b/ A copy of one of the following papers: Household registration book, people’s identity card, citizen identity card, or personal identification number;

c/ A copy of the competent state agency’s document permitting the Vietnamese individual to shift from inshore fishing to aquaculture in accordance with the law on fisheries, or of a written certification by the commune-level People’s Committee that the Vietnamese individual is permanently residing in the locality with his/her main income earned from aquaculture.

3. A dossier of request for sea area assignment for performance of scientific and technological tasks must comprise:

a/ A written request for sea area assignment, made according to Form No. 01 provided in the Appendix to this Decree;

b/ A copy of the document permitting marine resource exploitation and utilization or document on assignment of scientific and technological tasks or decision approving a written presentation or an outline for performance of scientific and technological tasks serving aquaculture or other marine scientific and technological tasks involving the use of fixed sea areas;

c/ A chart of the sea area requested to be assigned, showing coordinates of angular points of such sea area, made according to Form No. 05 provided in the Appendix to this Decree.

Article 16. Order and procedures for processing dossiers of request for sea area assignment

1. Receipt of dossiers:

a/ An organization or individual requesting sea area assignment shall submit 1 dossier specified in Article 15 of this Decree to a dossier-receiving agency specified in Article 25 of this Decree. The dossier-receiving agency shall make a receipt stating a date for notifying dossier processing results according to Form No. 10 provided in the Appendix to this Decree;

b/ The dossier-receiving agency shall examine the dossier within 3 working days after receiving it. In case the dossier is invalid, the dossier-receiving agency shall provide for once a written guidance for the dossier submitter to supplement and complete the dossier;

c/ After receiving a complete dossier as required, the dossier-receiving agency shall transfer it to a dossier-appraising agency.

2. Appraisal of dossiers:

Within 45 working days, for dossiers for sea areas to be assigned by the Prime Minister, Ministry of Natural Resources and Environment, or provincial-level People’s Committees; or 30 working days, for dossiers for sea areas to be assigned by district-level People’s Committees, after receiving a complete dossier as required, a dossier-appraising agency shall:

a/ Complete the dossier appraisal according to the contents specified in Clause 1, Article 27 of this Decree. Appraisal results shall be recorded in writing;

b/ Determine the sea area use levy and other obligations to be paid and fulfilled by the organization or individual assigned the sea area;

c/ The Ministry of Natural Resources and Environment shall send a request to collect opinions of the Ministry of National Defense, Ministry of Public Security, Ministry of Foreign Affairs, provincial-level People’s Committee of the locality where the sea area is located, and related agencies, for the case specified in Clause 1, Article 8 of this Decree; or opinions of the Ministry of National Defense, Ministry of Public Security, Ministry of Foreign Affairs, provincial-level People’s Committee of the locality where the sea area is located, and related agencies, for the case specified in Clause 2, Article 8 of this Decree. A provincial-level People’s Committee shall collect opinions of the Ministry of National Defense, Ministry of Public Security, Ministry of Foreign Affairs, Ministry of Natural Resources and Environment, provincial-level military and public security units, and related agencies and organizations, for the case specified in Clause 3, Article 8 of this Decree. Within 15 working days after receiving a request for opinion, the consulted agency shall give its written opinions. The opinion collection period shall not be included in the time limit for dossier appraisal.

d/ In case of necessity, a dossier-appraising agency shall propose a competent agency to decide on formation of a dossier appraisal council and organize site inspection. The site inspection period must not exceed 10 working days and shall not be included in the time limit for dossier appraisal.

3. Submission and processing of dossiers:

a/ Within 3 working days after completing appraisal of a dossier, the dossier-appraising agency shall submit such dossier to an agency competent to assign sea areas;

b/ Within 5 working days after the dossier-appraising agency submits the dossier, the agency competent to assign sea areas shall consider and issue a decision on sea area assignment. In case of refusal to issue such decision, it shall reply in writing clearly stating the reason.

4. Notification of dossier processing results:

Within 2 working days after receiving dossier processing results, a dossier-receiving agency shall:

a/ Notify such results to the dossier submitter for performance of related obligations under regulations;

b/ Send a decision on sea area assignment to the provincial-level Tax Department of the locality where the sea area is used for the later to issue a notice of payment of sea area use levy.

Article 17. Dossier of request for sea area recognition

1. A written request for sea area recognition, made according to Form No. 01 provided in the Appendix to this Decree.

2. An original of the contract on land lease or decision on allocation or lease of land with coastal water surface or seawater surface or certificate of rights to use land with coastal water surface or seawater surface (if any); a competent state management agency’s document permitting an organization or individual to exploit and utilize marine resources (if any).

3. A report on the use of the sea area, environmental protection, and fulfillment of financial obligations by the organization or individual assigned the sea area by the time of dossier submission.

4. A chart of the sea area, showing coordinates of angular points of the sea area, made according to Form No. 05 provided in the Appendix to this Decree.

Article 18. Order and procedures for processing dossiers of request for sea area recognition

1. Receipt of dossiers:

a/ An organization or individual that requests sea area recognition shall submit 1 dossier specified Article 17 of this Decree to a dossier-receiving agency specified in Article 25 of this Decree. The dossier-receiving agency shall make a receipt stating a date for notifying dossier processing results according to Form No. 10 provided in the Appendix to this Decree.

c/ After receiving a complete dossier as required, the dossier-receiving agency shall transfer it to a dossier-appraising agency.

2. Appraisal of dossiers:

Within 10 working days after receiving a complete dossier, a dossier-appraising agency shall:

a/ Complete the dossier appraisal according to the contents specified in Clause 2, Article 27 of this Decree. Appraisal results shall be recorded in writing;

b/ Determine the sea area use levy and other obligations to be paid and fulfilled by the organization or individual assigned the sea area;

c/ In case of necessity, the dossier-appraising agency shall propose the agency competent to assign sea areas to decide on formation of a dossier appraisal council; send a written request to collect opinions of related agencies; and organize site inspection (for a period not exceeding10 working days). Within 15 working days after receiving a request for opinion, the consulted agency shall give its written opinions. The period for opinion collection and site inspection shall not be included in the time limit for dossier appraisal.

3. Submission and processing of dossiers:

a/ Within 3 working days after completing appraisal of a dossier, the dossier-appraising agency shall submit such dossier to an agency competent to recognize sea areas;

b/ Within 5 working days after the dossier-appraising agency submits the dossier, the agency competent to recognize sea areas shall consider and issue a decision on sea area assignment. In case of refusal to issue such a decision, it shall reply in writing clearly stating the reason.

4. Notification of dossier processing results:

Within 2 working days after receiving dossier processing results, a dossier-receiving agency shall:

a/ Notify such results to the dossier submitter for fulfillment of related obligations under regulations;

b/ Send a decision on sea area assignment to the provincial-level Tax Department of the locality where the sea area is used for the latter to issue a notice of payment of sea area use levy (if required).

Article 19. Dossier of request for extension of sea area assignment period

1. A request for extension of sea area assignment period, made according to Form No. 02 provided in the Appendix to this Decree.

2. The original decision on sea area assignment.

3. A copy of the document permitting marine resource exploitation and utilization which has been extended by a competent state agency or remains valid.

4. A report on use of the assigned sea area, environmental protection and fulfillment of financial obligations by the organization or individual assigned the sea area by the time of dossier submission.

Article 20. Order and procedures for processing dossiers of request for extension of sea area use periods

1. Receipt of dossiers:

a/ An organization or individual that requests extension of sea area use period shall submit 1 dossier specified Article 19 of this Decree to a dossier-receiving agency specified in Article 25 of this Decree. The dossier-receiving agency shall make a receipt stating a date for notifying dossier processing results according to Form No. 10 provided in the Appendix to this Decree;

c/ After receiving a complete dossier as required, the dossier-receiving agency shall transfer it to a dossier-appraising agency.

2. Appraisal of dossiers:

Within 30 working days after receiving a complete dossier, a dossier-appraising agency shall:

a/ Complete the dossier appraisal according to the contents specified in Clause 2, Article 27 of this Decree. Appraisal results shall be recorded in writing;

b/ Determine the sea area use levy amount and other obligations to be paid and fulfilled by the organization or individual requesting extension of sea area use period;

c/ In case of necessity, the dossier-appraising agency shall propose a competent agency to decide on formation of a dossier appraisal council; send a written request to collect opinions of related agencies; and organize site inspection (for a period not exceeding 10 working days). Within 15 working days after receiving a request for opinion, the consulted agency shall give its written opinions. The period for opinion collection and site inspection shall not be included in the time limit for dossier appraisal.

3. Submission and processing of dossiers:

a/ Within 3 working days after completing appraisal of a dossier, a dossier-appraising agency shall submit such dossier to the agency competent to extend sea area use period;

b/ Within 5 working days after the dossier-appraising agency submits the dossier, the agency competent to extend sea area use period shall consider and issue a decision on sea area assignment. In case of refusal to issue such a decision, it shall reply in writing clearly stating the reason.

4. Notification of dossier processing results:

Within 2 working days after receiving dossier processing results, a dossier-receiving agency shall:

a/ Notify such results to the dossier submitter for fulfillment of related obligations under regulations;

b/ Send a decision on sea area assignment to the provincial-level Tax Department of the locality where the sea area is used for the latter to issue a notice of payment of sea area use levy.

Article 21. Dossier of request for permission to return a sea area

1. A request for permission to return a sea area, made according to Form No. 03 provided in the Appendix to this Decree.

2. The original decision on sea area assignment.

3. A report on use of the assigned sea area, environmental protection and fulfillment of obligations by the time of dossier submission.

4. A chart of the sea area left after part of the assigned sea area is returned (for cases of return of part of assigned sea areas).

Article 22. Order and procedures for processing dossiers of request for permission to return sea areas

1. Receipt of dossiers:

a/ An organization or individual that wishes to return an assigned sea area shall submit 1 dossier specified Article 21 of this Decree to a dossier-receiving agency specified in Article 25 of this Decree. The dossier-receiving agency shall make a receipt stating a date for notifying dossier processing results according to Form No. 10 provided in the Appendix to this Decree;

c/ After receiving a complete dossier as required, the dossier-receiving agency shall transfer it to a dossier-appraising agency.

2. Appraisal of dossiers:

Within 20 working days, for requests for permission to return part of assigned sea areas, or 15 working days, for requests for permission to return the whole of assigned sea areas, after receiving a complete dossier, a dossier-appraising agency shall:

a/ Complete the dossier appraisal according to the contents specified in Clause 3, Article 27 of this Decree. Appraisal results shall be recorded in writing;

b/ Determine the sea area use levy amount (if any) to be refunded and financial obligations and other obligations to be fulfilled by the organization or individual requesting permission to return the sea area;

3. Submission and processing of dossiers:

a/ Within 3 working days after completing appraisal of a dossier, a dossier-appraising agency shall submit such dossier to the agency competent to permit the return of the sea area;

b/ Within 5 working days after the dossier-appraising agency submits the dossier, the agency competent to permit the return of the sea area shall consider and issue a decision permitting the return of the sea area. In case of refusal to issue such a decision, it shall reply in writing clearly stating the reason.

4. Notification of dossier processing results:

Within 2 working days after receiving dossier processing results, a dossier-receiving agency shall:

a/ Notify such results to the dossier submitter for fulfillment of related obligations under regulations;

b/ Send a decision permitting the return of the sea area to the provincial-level Tax Department of the locality where exists the sea area to be returned for the latter to determine and issue a notice of the sea area use levy amount (if any) to be refunded and financial obligations to be fulfilled by the organization or individual permitted to return the sea area.

Article 23. Dossier of request for modification and supplementation of a decision on sea area assignment

1. A request for modification and supplementation of a decision on sea area assignment, made according to Form No. 04 provided in the Appendix to this Decree.

2. The original decision on sea area assignment.

3. A copy of the document expressing the contents specified in Clause 1, Article 13 of this Decree, issued by a competent state agency in accordance with law.

Article 24. Order and procedures for processing dossiers of request for modification and supplementation of decisions on sea area assignment

1. Receipt of dossiers:

a/ An organization or individual requesting modification and supplementation of a decision on sea area assignment shall submit 1 dossier specified in Article 23 of this Decree to a dossier-receiving agency specified in Article 25 of this Decree. The dossier-receiving agency shall make a receipt stating a date for notifying dossier processing results according to Form No. 10 provided in the Appendix to this Decree;

c/ After receiving a complete dossier as required, the dossier-receiving agency shall transfer it to a dossier-appraising agency.

2. Appraisal of dossiers:

Within 30 working days after receiving a complete dossier, a dossier-appraising agency shall:

a/ Complete the dossier appraisal according to the contents specified in Clause 2, Article 27 of this Decree. Appraisal results shall be recorded in writing;

b/ Determine the obligations to be fulfilled by the organization or individual requesting modification and supplementation of the decision on sea area assignment;

3. Submission and processing of dossiers:

a/ Within 3 working days after completing appraisal of a dossier, a dossier-appraising agency shall submit such dossier to the agency competent to assign the sea area;

b/ Within 5 working days after the dossier-appraising agency submits the dossier, the agency competent to assign the sea area shall consider and issue a decision on sea area assignment. In case of refusal to issue such a decision, it shall reply in writing clearly stating the reason.

4. Notification of dossier processing results:

Within 2 working days after receiving dossier processing results, a dossier-receiving agency shall:

a/ Notify such results to the dossier submitter for fulfillment of related obligations under regulations;

b/ Send a decision on sea area assignment to the provincial-level Tax Department of the locality where the assigned sea area is used for updating of information.

Article 25. Dossier-receiving and dossier-appraising agencies

1. Dossier-receiving agencies:

a/ The Ministry of Natural Resources and Environment’s Division for Receipt of Administrative Procedure Dossiers and Notification of Administrative Procedure Settlement Results is the agency receiving dossiers of request for sea area assignment, dossiers of request for sea area recognition, or dossiers of request for permission to return sea areas; and dossiers of request for extension or modification and supplementation of decisions on sea area assignment which fall within the competence of the Prime Minister or Ministry of Natural Resources and Environment;

b/ Provincial-level Public Administration Centers are agencies receiving dossiers of request for sea area assignment, dossiers of request for sea area recognition, or dossiers of request for permission to return sea areas; and dossiers of request for extension or modification and supplementation of decisions on sea area assignment which fall within the competence of provincial-level People’s Committees. For provinces without provincial-level Public Administration Centers, provincial-level Departments of Natural Resources and Environment are dossier-receiving agencies;

c/ The Divisions for Receipt of Administrative Procedure Dossiers and Notification of Administrative Procedure Settlement Results under district-level People’s Committees are agencies receiving dossiers of request for sea area assignment, dossiers of request for sea area recognition, or dossiers of request for permission to return sea areas; and dossiers of request for extension or modification and supplementation of decisions on sea area assignment which fall within the competence of district-level People’s Committees. For localities without Divisions for Receipt of Administrative Procedure Dossiers and Notification of Administrative Procedure Settlement Results, district-level Divisions of Natural Resources and Environment are dossier-receiving agencies.

2. Dossier-appraising agencies:

a/ The Vietnam Administration of Seas and Islands is the agency appraising dossiers of request for sea area assignment, dossiers of request for sea area recognition, or dossiers of request for permission to return sea areas; and dossiers of request for extension or modification and supplementation of decisions on sea area assignment or decisions on recovery of sea areas which fall within the competence of the Prime Minister or Ministry of Natural Resources and Environment.

b/ Provincial-level Departments of Natural Resources and Environment are agencies appraising dossiers of request for sea area assignment, dossiers of request for sea area recognition, or dossiers of request for permission to return sea areas; and dossiers of request for extension or modification and supplementation of decisions on sea area assignment or decisions on recovery of sea areas which fall within the competence of provincial-level People’s Committees.

c/ District-level Divisions of Natural Resources and Environment are agencies appraising dossiers of request for sea area assignment, dossiers of request for sea area recognition, or dossiers of request for permission to return sea areas; and dossiers of request for extension or modification and supplementation of decisions on sea area assignment or decisions on recovery of sea areas which fall within the competence of district-level People’s Committees.

Article 26. Forms of receipt of dossiers and return of dossier processing results

1. Organizations and individuals shall hand-deliver dossiers or submit dossiers via online public services or send dossiers by post to dossier-receiving agencies; for a dossier sent by post, the date of dossier receipt is the date the postal service provider delivers the dossier to the dossier-receiving agency.

2. Submission of dossiers via online public services:

a/ For each administrative procedure, organizations and individuals carrying out administrative procedures shall submit an electronic dossier of request for sea area assignment, dossier of request for sea area r recognition, or dossier of request for permission to return sea areas; or dossier of request for extension or modification and supplementation of decisions on sea area assignment, comprising papers and documents to be submitted or additionally submitted, to competent agencies or organizations according regulations which are in electronic form or accompanying papers and documents which are converted from paper form to electronic form to dossier-receiving agencies;

b/ Electronic dossiers and documents must contain digital signatures granted by lawful digital signature certification service providers in accordance with the law on digital signatures;

c/ Electronic dossiers and documents are as valid as paper dossiers and documents;

d/ Electronic dossiers and documents shall be made in a manner that meets requirements of specialized laws;

dd/ Electronic dossiers and documents must ensure reliability in terms of integrity of information from the time information is created and be accessible and usable in complete form;

e/ The sending, receipt, retention and legal validity of electronic dossiers and documents must comply with the law on performance of administrative procedures in the electronic environment and relevant laws;

g/ The creation of electronic dossiers and documents and conversion of paper administrative dossiers into electronic dossiers and documents for online performance of administrative procedures and vice versa must comply with the law on e-transactions and relevant specialized laws.

3. Administrative procedure performance results shall be recorded in the form of paper dossier, e-dossier or combined paper dossier and e-dossier.

4. Dossier processing results shall be notified to concerned organizations or individuals in person at dossier-receiving agencies or sent by post or in the form of electronic dossier or document. The notification of dossier processing results in the form of electronic dossier or document must conform to capacity and actual conditions of administrative procedure-performing agencies and organizations and individuals engaged in online public services.

Article 27. Contents of appraisal of dossiers of request for sea area assignment, dossiers of request for sea area recognition, dossiers of request for permission to return sea areas, and dossiers of request for extension or modification and supplementation of decisions on sea area assignment

1. Contents of appraisal of a dossier of request for sea area assignment:

a/ Completeness of the dossier with regard to its form and contents;

b/ Conformity of the sea area requested to be assigned with the master plan specified in Clause 3, Article 5 of this Decree; in case such master plan is unavailable, the sea area requested to be assigned must comply with Points a, b and c, Clause 4, Article 5 of this Decree;

c/ Conformity of tentative marine resource exploitation and utilization activities with performance of the tasks of national defense and public security maintenance; protection of sovereignty, sovereign rights, jurisdiction and national interests on the sea; and assurance of the people’s access to the sea in the sea area requested to be assigned;

d/ Disputes and conflicts (if any) between tentative marine resource exploitation and utilization activities and other lawful marine resource exploitation and utilization activities currently permitted to be carried out in the sea area requested to be assigned;

dd/ Conformity of solutions for environmental protection upon exploitation and utilization of marine resources in the sea area requested to be assigned.

2. Contents of appraisal of a dossier of request for recognition of a sea area or for extension or modification and supplementation of a decision on sea area assignment:

a/ Completeness of the dossier with regard to its form and contents;

c/ Fulfillment of financial obligations and other obligations in accordance with law by the concerned organization and individual in the course of using the sea area;

d/ Conformity of tentative marine resource exploitation and utilization activities with performance of the tasks of national defense and public security maintenance; protection of sovereignty, sovereign rights, jurisdiction and national interests on the sea; and assurance of the people’s access to the sea in case of extension of the sea area assignment period.

3. Contents of appraisal of a dossier of request for permission to return a sea area:

a/ Completeness of the dossier with regard to its form and contents;

b/ Implementation of law in exploitation and utilization of natural resources and environmental protection by the concerned organization or individual in the sea area requested for return;

c/ Fulfillment of financial obligations and other obligations in accordance with law by the concerned organization and individual upon return of the sea area.

Chapter III

RECOVERY OF SEA AREAS AND INVALIDATION OF DECISIONS ON SEA AREA ASSIGNMENT

Article 28. Recovery of sea areas

1. A sea area shall be recovered in the following cases:

a/ The organization or individual assigned the sea area abuses the use of the sea area to cause impacts on national defense, security, sovereignty, sovereign rights, jurisdiction and national interests on the sea or destroy or cause serious pollution to the marine environment or ecosystems;

b/ The organization or individual uses the sea area for purposes other than those stated in the decision on sea area assignment;

c/ The document permitting marine resource exploitation and utilization issued by a competent state agency to the organization or individual is revoked;

d/ Past 24 consecutive months from the effective date of the decision on sea area assignment, the organization or individual fails to use part or the whole of the sea area for marine resource exploitation and utilization, unless it/he/she encounters a force majeure event or has plausible reasons accepted in writing by a competent state agency in accordance with law;

dd/ The organization or individual uses the sea area for aquaculture in one of the cases specified at Points a, b, d, dd, e and g, Clause 1, Article 45 of the Law on Fisheries;

e/ The assigned sea area is recovered for use for national defense and security purposes or serving national or public interests in accordance with law.

2. The recovery of a sea area in the case specified at Point a, b, c, d, or dd, Clause 1 of this Article shall be carried out as follows:

a/ Within 30 working days after receiving a competent state agency’s conclusion stating that the organization or individual falls into one of the cases specified at Point a, b, c, d, and dd, Clause 1 of this Article, a dossier-appraising dossier specified in Clause 2, Article 25 of this Decree shall examine and conduct site inspection and collect opinions of related agencies when necessary and complete a dossier for submission to the agency competent to recover the sea area for the latter to decide on the recovery;

b/ Within 10 working days after the dossier-appraising agency submits the dossier, the agency competent to recover the sea area shall consider and decide on the recovery;

c/ Within 3 working days after receiving the conclusion on recovery of the sea area, the dossier-receiving agency specified in Clause 1, Article 25 of this Decree shall send such conclusion to the concerned organization or individual and related agencies.

3. The recovery of a sea area under Point e, Clause 1 of this Article shall be carried out as follows:

a/ Within 20 working days after a competent state agency decides on the use of the sea area already assigned for national defense and security purposes or serving national or public interests, the dossier-appraising agency specified in Clause 2, Article 25 of this Decree shall submit a dossier to the agency competent to recover the sea area for the latter to decide on the recovery;

b/ Within 10 working days after the dossier-appraising agency submits the dossier, the agency competent to recover the sea area shall consider and decide on the recovery;

4. The agency competent to recover the sea area shall issue a decision on recovery of the sea area, made according to Form No. 08 provided in the Appendix to this Decree.

5. Organizations and individuals subject to recovery of sea areas under Point e, Clause 1 of this Article are entitled to compensation in accordance with law.

Article 29. Invalidation of decisions on sea area assignment

1. A decision on sea area assignment shall be invalidated in the following cases:

a/ The sea area is recovered;

b/ The decision has expired without being extended;

c/ The organization or individual assigned the sea area is permitted to return the whole sea area;

d/ The organization assigned the sea area is dissolved or goes bankrupt in accordance with law;

dd/ The individual or the owner of the sole proprietorship or single-member limited liability company dies without any heirs.

2. When a decision on sea area assignment is invalidated under Point b or c, Clause 1 of this Article, the organization or individual assigned that sea area shall handle the facilities and equipment used for marine resource exploitation and utilization; remediate and rehabilitate the environment in that sea area in accordance with law and report implementation results to the agency competent to assign that sea area for the latter to carry out inspection.

Chapter IV

METHODS OF CALCULATING, MODES OF COLLECTING, AND MANAGEMENT AND USE OF, SEA AREA USE LEVY

Article 30. Sea area use levy

1. Organizations and individuals assigned sea areas for marine resource exploitation and utilization shall pay sea area use levy in accordance with law, except the cases specified in Article 31 of this Decree.

2. Sea area use levy shall be determined based on the classification of sea area use activities, area of a sea area permitted for use, sea area use period, and specific use levy amount for the sea area. The use levy for a sea area for dumping shall be determined based on the volume of dumped substances and materials calculated in m³ (cubic meter).

3. Sea area use levy constitutes a state budget revenue which shall be managed and used in accordance with the law on the state budget. Sea area use levy amounts shall be remitted into the central budget, for sea areas to be assigned by the Prime Minister or Ministry of Natural Resources and Environment, or into local budgets, for sea areas to be assigned by provincial-level People’s Committees.

Article 31. Sea area use activities not liable to sea area use levy

1. Using sea areas as waters in front of piers, ship turnaround areas, anchorage zones, transshipment zones, storm shelter zones, pilot embarkation and disembarkation areas, quarantine areas, navigable channels, other auxiliary facilities for public interests, or other maritime infrastructure facilities funded with the state budget for public interests.

2. Using the sea areas specified in Clause 2, Article 44 of the Law on Fisheries.

3. Using fixed sea areas for the performance of scientific and technological tasks approved by competent state agencies.

4. Using sea areas as marine protected areas, areas for exploitation and protection of aquatic resources, and wetland reserves.

5. Using sea areas for oil and gas search and exploration; using sea areas for oil and gas exploitation and pipeline transport of oil and gas resources exploited within Vietnam’s maritime zones to the shore as stated in production sharing contracts and the Prime Minister’s decisions (including sea area use activities in direct service of oil and gas exploitation and transportation, such as using sea areas for installation of oil rigs, as petroleum ports, or for construction of oil and gas pipeline and intra-field pipeline systems and other direct auxiliary facilities).

6. Using sea areas for dumping substances dredged in waters in front of piers, ship turnaround areas, anchorage areas, transshipment zones, storm shelter zones, pilot embarkation and disembarkation areas, quarantine areas, navigable channels, other auxiliary facilities for public interests, or other maritime infrastructure facilities funded with the state budget for public interests.

7. Using sea areas for construction, installation and operation of works serving national and public interests.

8. The Prime Minister shall decide on the exemption from sea area use levy in other cases proposed by the Minister of Natural Resources and Environment.

Article 32. Sea area use activities liable to sea area use levy

1. Except the cases specified in Article 31 of this Decree, sea area use activities shall be liable to sea area use levy. Sea area use activities liable to sea area use levy shall be classified into 6 groups based on the use purposes specified in Clause 1, Article 34 of this Decree.

2. In case many organizations or individuals are assigned different sea areas in the same maritime zone, sea area use levy shall be collected from every organization or individual corresponding to its/his/her assigned sea area.

3. In case one organization or individual is assigned sea areas in the same maritime zone to be used for different purposes, sea area use levy shall be collected for every sea area use activity that takes place in each assigned sea area in such maritime zone.

Article 33. Area subject to sea area use levy

1. Area subject to sea area use levy (except the case of dumping at sea) is the area stated in a sea area assignment decision of a state management agency competent to assign sea areas; the unit of calculation is hectare (ha).

2. In case an investment project is implemented in a sea area, land area, land with coastal water surface and coastal alluvial land, its financial obligation toward the State shall be determined for every corresponding area in accordance with law.

Article 34. Sea area use levy frames and specific sea area use levy rates

1. Sea area use activities liable to sea area use levy shall be classified into 6 groups based on use purposes with the following sea area use levy frames:

a/ Using sea areas for dumping (group 1): between VND 15,000/m³ and VND 20,000/m³;

b/ Using sea areas as seaports, floating ports, offshore petroleum ports and other ports and berths; as waters in front of piers, ship turnaround areas, anchorage zones, transshipment areas, special-use navigable channels, and other auxiliary facilities; as waters serving the operation of ship repair and building facilities or construction of passenger terminals; as waters for restaurants and marine leisure, entertainment and sport service zones at sea; as anchorage zones for cruises’ overnight stay; or for oil and gas exploitation; mining; salvage of artifacts or carrying out archaeological activities (group 2): between VND 6,500,000/ha/year and VND 7,500,000/ha/year;

c/ Using sea areas for the construction of cable cars, floating, underground and sea encroachment works, artificial islands, civil engineering works, and other offshore structures (group 3): between VND 6,000,000/ha/year and VND 7,500,000/ha/year;

d/ Using sea areas for the construction of submarine pipeline systems, or installation of optical fiber cables and electrical cables (group 4): between VND 5,000,000/ha/year and VND 7,500,000/ha/year;

dd/ Using sea areas for aquaculture and building of fishing ports (group 5): between VND 4,000,000/ha/year and VND 7,500,000/ha/year;

e/ Using sea areas for exploitation of power from wind, waves, tides and ocean currents and carrying out other sea area use activities (group 6): between VND 3,000,000/ha/year and VND 7,500,000/ha/year.

2. Specific sea area use levy rates are as follows:

a/ Based on the sea area use levy frames specified in Clause 1 of this Article and specific socio-economic conditions, every 5 years, the Ministry of Natural Resources and Environment shall set a specific sea area use levy rate applicable to each group of activities using sea areas to be assigned by the Prime Minister or the Ministry of Natural Resources and Environment;

b/ Based on the sea area use levy frames specified in Clause 1 of this Article and specific socio-economic conditions, every 5 years, provincial-level People’s Committees shall set a specific sea area use levy rate applicable to each group of activities using sea areas in the localities which are to be assigned by provincial-level People’s Committees;

c/ The Ministry of Natural Resources and Environment or provincial-level People’s Committees shall set specific sea area use levy rates under Point a or b of this Clause within 90 days from the effective date of this Decree.

3. In case there are various sea area use activities with different purposes that take place in the same sea area but it is impossible to determine the specific area for every use purpose, the highest sea area use levy rate shall be applied to calculate the use levy for the sea area assigned to an organization or individual.

4. For sea area use activities for which the specific sea area use levy rates mentioned in Clause 2 of this Article are not available, the Ministry of Natural Resources and Environment or provincial-level People’s Committees shall decide on the sea area use levy rate on a case-by-case basis, which must be between VND 3,000,000/ha/year and VND 7,500,000/ha/year.

5. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, proposing the Government to adjust sea area use levy frames in each period as suitable to socio-economic conditions.

Article 35. Modes of collecting and determining sea area use levy amounts

1. Sea area use levy shall be calculated from the effective date of a sea area assignment decision of a competent state agency.

2. The mode of payment of sea area use levy shall be proposed by organizations and individuals upon submitting a dossier of request for sea area assignment. The mode of payment of sea area use levy and the payable use levy amount for the sea area corresponding to the respective form shall be stated in a sea area assignment decision issued by the state agency competent to assign sea areas. Except the case of using sea areas for dumping, organizations and individuals may choose one of the following forms of payment of sea area use levy:

a/ Annual payment;

b/ Payment once every 5 years;

c/ One-off payment for the entire sea area assignment period, for aquaculture activities.

3. In case an organization or individual chooses the form of annual payment of sea area use levy:

a/ The annual payable use levy amount for the sea area equals the area of the assigned sea area multiplied by (x) the specific sea area use levy rate mentioned in Article 34 of this Decree at the time of use levy calculation multiplied by (x) 1 year;

b/ Time limit for first-time payment of sea area use levy: Within 90 days after a tax office signs a notice of payment of payable sea area use levy, the organization or individual shall fully pay the whole payable use levy amount for the sea area of the year. From the second year onward, the organization or individual may choose to pay sea area use levy once or twice a year. If choosing to make payment once a year, the organization or individual shall pay sea area use levy before May 31 of that year;

c/ In case an organization or individual chooses to pay sea area use levy twice a year, the deadline for each payment is as follows:

Before May 31, to pay 50% of the sea area use levy;

Before October 31, to pay the remainder of the sea area use levy.

4. In case an organization or individual chooses the form of payment of sea area use levy once every 5 years:

a/ The payable use levy amount for the sea area equals the area of the assigned sea area multiplied by (x) the specific sea area use levy rate mentioned in Article 34 of this Decree at the time of use levy calculation multiplied by (x) 5 years;

b/ The specific sea area use levy rate in this case shall be kept stable for a period of 5 years. Upon the expiration of this 5-year period, the state agency competent to assign sea areas shall determine the sea area use levy amount payable by the organization or individual for the subsequent 5-year period based on the specific sea area use levy rate at the time of use levy calculation;

c/ The payment of sea area use levy once every 5 years shall be made on a one-off basis. The organization or individual shall fully pay the payable sea area use levy amount within 30 days after the tax office signs a notice of payment of the payable sea area use levy amount.

5. In case an organization or individual assigned a sea area for aquaculture chooses the form of one-off payment of sea area use levy for the entire sea area assignment period:

b/ The specific sea area use levy rate in this case shall be kept stable for the entire sea area assignment period. The organization or individual shall fully pay the payable use levy amount within 30 days after the tax office signs a notice of payment of the payable sea area use levy amount.

6. If using sea areas for dumping, organizations and individuals shall make one-off payment of the whole sea area use levy amount. The use levy amount for a sea area for dumping is specified as follows:

a/ The payable use levy amount for the sea area for dumping equals the volume of dumped substances and materials calculated in m³ multiplied by (x) the sea area use levy rate specified in Article 34 of this Decree at the time of use levy calculation;

b/ The organization or individual shall pay the whole payable use levy amount for the sea area within 30 days after the tax office signs a notice of payment of the payable sea area use levy amount.

Article 36. Order and procedures for collection and payment of sea area use levy

1. Within 5 working days after receiving a sea area assignment decision of a competent state agency, the provincial-level Tax Department of the locality where the sea area is used shall, based on the payable use levy amount for the sea area stated in such decision, issue a notice of payment of sea area use levy, made according to Form No. 11 provided in the Appendix to this Decree, and send it to the organization or individual assigned the sea area.

The tax office shall notify the payment of sea area use levy 30 working days prior to the next payment deadline to the organization or individual for the latter to pay sea area use levy. The payment of use levy for sea areas for dumping must comply with Clause 6, Article 35 of this Decree.

2. The organization or individual assigned the sea area shall pay sea area use levy to the state budget within the time limit stated in the tax office’s notice.

3. Past the time limit stated in the tax office’s notice specified in Clause 2 of this Article, if the organization or individual assigned the sea area fails to fully pay the sea area use levy amount to the state budget, it/he/she shall pay a late-payment interest for the unpaid use levy amount under the Law on Tax Administration. In case the organization or individual commits a violation and has its/his/her permit revoked under Point c, Clause 1, Article 28 of this Decree, the competent state management agency that has revoked the permit shall notify such revocation to the state agency competent to assign sea areas for the latter to consider and decide to recover the assigned sea area.

4. Organizations and individuals assigned sea areas shall pay sea area use levy directly to the state budget at State Treasury offices or organizations authorized to collect sea area use levy in accordance with the Law on Tax Administration. The contents pertaining to levy collection and payment documents and process must comply with provisions on concentration and management of state budget revenues of the Law on Tax Administration.

Article 37. Funds for sea area assignment tasks

Funds for sea area assignment tasks shall be covered by the state budget and included in annual state budget expenditure estimates allocated to agencies performing sea area assignment tasks to pay for:

1. Expenditures for surveys and site inspections; measurement and determination of locations, coordinates, area and depth of assigned sea areas; making of charts of sea areas for issuance together with sea area assignment decisions; and making of statistics and inventory of use of sea areas nationwide for reporting to the Prime Minister.

2. Expenditures for conferences, workshops, meetings to discuss technical matters, meetings of councils for appraisal of dossiers of request for sea area assignment (if any).

3. Expenditures for appraisal and processing of dossiers of request for assignment or recognition of sea areas, extension or modification and supplementation of sea area assignment decisions; return or recovery of sea areas.

4. Expenditures for examination and monitoring of activities using sea areas assigned to organizations and individuals.

5. Expenditures for investigation and survey for making sea area use levy frames and specific sea area use levy rates.

6. Expenditures for exploitation and operation of technical systems serving sea area assignment; procurement and repair of equipment, vehicles, supplies and stationery, and communication directly serving the assignment and management of sea areas.

7. Other expenditures directly relating to sea area assignment.

Article 38. Handling of sea area use levy in case of extension of sea area assignment periods, return or recovery of sea areas

1. In case an organization or individual requests the extension of the sea area assignment period, the sea area use levy amount for the extended period shall be determined according to this Decree. The sea area use levy amount for the extended period shall be determined based on the levy rate applied at the time the state management agency competent to assign the sea area decides on the extension.

2. In case an organization or individual has paid sea area use levy once for 5 years or made one-off payment of sea area use levy for the entire sea area assignment period but it/he/she is permitted by the competent state agency specified in Article 8 of this Decree to return the sea area before the expiration of the sea area assignment period or to return part of the assigned sea area or when the sea area assignment decision is amended and supplemented which results in a change in the payable sea area use levy amount, the paid sea area use levy amount shall be refunded under the competent state management agency’s decision by subtraction from its/his/her other financial obligations to the State. If such amount is not fully subtracted, the remainder shall be refunded by the state budget.

3. In case an organization or individual possessing a permit for dumping at sea and a sea area assignment decision has paid sea area use levy and conducted dumping activities, it/he/she is not entitled to refund of the paid use levy amount.

4. In case an organization or individual has paid the use levy amount for the assigned sea area but had the assigned sea area recovered, the use levy amount paid for the remainder of the sea area assignment period shall be handled as follows:

a/ It shall not be refunded, in case the sea area is recovered under Point a, b, c, d or dd, Clause 1, Article 28 of this Decree;

b/ It shall be refunded, in case the sea area is recovered under Point e, Clause 1, Article 28 of this Decree. The to-be-refunded use levy amount equals the sea area use levy amount based on the use purpose before the recovery corresponding to the remainder of the sea area assignment period at the time of recovery multiplied by (x) the recovered sea area. In case the sea area is assigned for dumping, as the organization or individual does not conduct dumping, the to-be-refunded sea area use levy amount is equivalent to the use levy amount stated in the sea area assignment decision, which shall be determined according to the specific sea area use levy rate set by the competent state management agency at the time of refund.

5. Order and procedures for refund of sea area use levy by the State:

a/ For the cases specified in Clause 2 and at Point b, Clause 4 of this Article, within 5 working days after receiving a competent state agency’s decision permitting the return of a sea area, decision permitting the return of part of a sea area, decision on recovery of a sea area or decision on modification and supplementation of a sea area assignment decision which results in reduction of the payable use levy amount for the sea area, the provincial-level Tax Department of the locality where the sea area is used shall send a notice of refund of sea area use levy to the organization or individual entitled to refund of sea area use levy under the Law on Tax Administration;

b/ The organization and individual entitled to refund of sea area use levy shall send the notice of refund of sea area use levy to the State Treasury office for carrying out procedures for receipt of the to-be-refunded use levy amount;

c/ The State Treasury office or organization authorized by the tax office shall refund the sea area use levy amount to the organization or individual according to the notice of refund of sea area use levy issued by the provincial-level Tax Department of the locality where the sea area is used.

Chapter V

RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES

Article 39. Responsibilities of the Ministry of Natural Resources and Environment

1. To assist the Government in performing the overall and unified management of assignment of sea areas nationwide for natural resource exploitation and utilization.

2. To assign, recognize, permit the return of, or recover sea areas, extend, modify and supplement sea area assignment decisions according to this Decree; to closely coordinate with state management agencies competent to permit natural resource exploitation and utilization and other related agencies in the course of implementation.

3. To establish and manage in a unified manner technical systems serving the assignment of sea areas; to make statistics and inventory of, establish and manage information and databases on seas and islands nationwide.

4. Every 10 years, to review, adjust, supplement and update the shoreline of the lowest mean sea level in many years of the mainland and islands under Clause 3, Article 3 of this Decree; outer boundaries of maritime zones of 3-nautical mile limit and maritime zones of 6-nautical mile limit or make adjustments when there are changes in natural and topographic conditions.

5. To inspect and examine the observance of the regulations on assignment and use of sea areas nationwide; to settle disputes over the use of sea areas falling within its assignment competence as provided by law.

6. To organize the dissemination of knowledge and education of law in the assignment and use of sea areas for agencies, organizations and individuals.

7. To sum up and assess the assignment and use of sea areas nationwide and send reports thereon to the Prime Minister before January 31 every year.

Article 40. Responsibilities of provincial-level People’s Committees of coastal localities

1. To assign, recognize, permit the return of, or recover sea areas, extend, modify and supplement sea area assignment decisions according to this Decree; to closely coordinate with state agencies competent to permit natural resource exploitation and utilization and other related agencies in the course of implementation.

2. To manage the use of sea areas for marine resource exploitation and utilization; to provide information on, manage and use technical systems serving the assignment of sea areas; to make statistics and inventory of, establish and manage information and data on assignment and use of sea areas in their respective localities.

3. To inspect and examine the observance of the regulations on the assignment and use of sea areas in their respective localities; to settle disputes over the use of sea areas in localities which fall within their assignment competence as provided by law.

4. To organize the dissemination of knowledge and education of law in the assignment and use of sea areas to agencies, organizations and individuals.

5. To sum up and assess the assignment and use of sea areas in their respective localities and send reports thereon to the Ministry of Natural Resources and Environment before January 15 every year.

Article 41. Responsibilities of district-level People’s Committees of coastal localities

1. To assign, recognize, permit the return of, or recover, sea areas, extend, modify and supplement decisions on assignment of sea areas for aquaculture which fall within their assignment competence specified in Clause 4, Article 8 of this Decree;

2. To manage activities using sea areas for aquaculture according to their sea area assignment competence; to provide information and data on assignment and use of sea areas in localities under their respective management.

3. To direct district-level Divisions of Natural Resources and Environment or assign functional agencies or units to make charts of sea areas, made according to Form No. 09 provided in the Appendix to this Decree, when deciding to assign sea areas to Vietnamese individuals for aquaculture under Clause 4, Article 8 of this Decree.

4. To inspect and examine the observance of the regulations on the assignment and use of sea areas in their respective localities and settle disputes over the use of sea areas in localities which fall within their assignment competence as provided by law.

5. To organize the dissemination of knowledge and education of law in the assignment and use of sea areas to agencies, organizations and individuals.

6. To sum up and assess the assignment and use of sea areas in their respective localities and send reports thereon to provincial-level People’s Committees before December 30 every year.

Article 42. Responsibilities of other related agencies

1. Before issuing documents permitting marine resource exploitation and utilization, competent state agencies shall consult and reach agreement with the state management agencies competent to assign sea areas specified in Article 8 of this Decree on the locations, boundaries, coordinates and area of sea areas projected for marine resource exploitation and utilization and other related issues.

2. The Ministry of National Defense shall provide nautical charts at the request of the Ministry of Natural Resources and Environment in service of the assignment of sea areas and management of the use of sea areas.

3. Related ministries and sectors shall coordinate with one another in providing information and materials and giving answers to related matters at the request of state agencies competent to assign sea areas.

4. Law enforcement forces at sea shall examine, control and supervise organizations’ and individuals’ sea area use activities in Vietnam’s maritime zones; and handle violations according to their competence.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 43. Transitional provisions

1. Organization and individuals carrying out sea area use activities for oil and gas search, exploration and exploitation, or pipeline transport of oil and gas resources exploited within Vietnam’s maritime zones to the shore (including sea area use activities in direct service of oil and gas exploitation and transportation, such as using sea areas for installation of oil rigs, as oil and gas ports, or construction of natural gas pipeline and intra-field pipeline systems and other direct auxiliary facilities), that are permitted, approved or extended by competent state agencies before the effective date of this Decree, may continue using the assigned sea areas and exercise their rights and perform their obligations until the expiration of the sea area assignment period already permitted, approved or extended in accordance with the petroleum law and other relevant laws; they are not required to carry out procedures for recognition of sea areas or assignment of sea areas and pay sea area use levy under this Decree.

2. Organizations and individuals having their dossiers of request for sea area assignment received by competent state agencies for processing according to administrative procedures before the effective date of this Decree but not yet having received the dossier processing results may choose to comply with the order, procedures and competence specified in the Government’s Decree No. 51/2014/ND-CP of May 21, 2014, providing the assignment of certain sea areas to organizations and individuals for marine resource exploitation and utilization, or this Decree.

3. If organizations and individuals that are assigned sea areas by competent state agencies under the Government’s Decree No. 51/2014/ND-CP of May 21, 2014, providing the assignment of certain sea areas to organizations and individuals for marine resource exploitation and utilization, request the return of the assigned sea areas; or extension or modification and supplementation of sea area assignment decisions after the effective date of this Decree, the competence, order and procedures for settlement of their requests must comply with this Decree.

4. In case of unavailability of seabed relief maps of appropriate scales, the nautical charts of appropriate scales published by the Vietnam People’s Navy with the Vietnam national coordinate reference system (VN-2000) may be used in the assignment of sea areas.

Article 44. Effect

1. This Decree takes effect on March 30, 2021.

2. This Decree replaces the Government’s Decree No. 51/2014/ND-CP of May 21, 2014, providing the assignment of certain sea areas to organizations and individuals for marine resource exploitation and utilization.

3. To annul Clause 3, Article 7 of the Government’s Decree No. 46/2014/ND-CP of May 15, 2014, on collection of land rental and water surface rental (which was amended and supplemented under Clause 2, Article 3 of the Government’s Decree No. 123/2017/ND-CP of November 14, 2017, amending and supplementing a number of articles of the Decrees on collection of land use levy, land rental and water surface rental).

Article 45. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees of coastal localities, and related agencies shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.

^{^[1]} Công Báo Nos 321-322 (26/02/2021)

Please log in to a subscriber account to see the full text. Don’t have an account? Register here

Processing, please wait...

LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency

VIETNAMESE DOCUMENTS

ENGLISH DOCUMENTS

Official Gazette

LuatVietnam's translation

* Note: To view documents downloaded from LuatVietnam.vn, please install DOC, DOCX and PDF file readers

For further support, please call 19006192

Decree No. 11/2021/ND-CP assignment of certain sea areas to individuals for use marine resources

ATTRIBUTE

SUMMARY

VIETNAMESE DOCUMENTS

ENGLISH DOCUMENTS

SAME CATEGORY

Decision No. 19/2024/QD-TTg dated November 15, 2024 of the Prime Minister providing the roadmap for application of exhaust emission standards to manufactured, assembled and imported motor vehicles

Decision No. 1191/QD-BGTVT dated September 30, 2024 of the Ministry of Transport on promulgating the Plan on mitigation of greenhouse gas emissions in the Transport sector through 2030

Law on Environmental Protection No. 72/2020/QH14 dated November 17, 2020 of the National Assembly