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

DECREE

Detailing the licensing for foreign organizations and individuals to conduct scientific research in the maritime zones of Vietnam[1]

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

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

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

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

The Government promulgates the Decree detailing the licensing for foreign organizations and individuals to conduct scientific research in the maritime zones of Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details the grant, modification and supplementation, re-grant, extension, suspension and revocation of written permissions for foreign organizations and individuals to conduct scientific research in the maritime zones of Vietnam.

Article 2. Subjects of application

This Decree applies to foreign organizations and individuals that conduct scientific research in the maritime zones of Vietnam; and state agencies and organizations and individuals involved in the licensing for foreign organizations and individuals to conduct scientific research in the maritime zones of Vietnam.

Article 3. Form, contents and duration of licensing of scientific research activities

1. Form of licensing of scientific research activities:

a/ To conduct scientific research within Vietnam’s internal waters or territorial sea, a foreign organization or individual must obtain permission of a competent state agency of Vietnam;

b/ To conduct scientific research in Vietnam’s exclusive economic zone and continental shelf, a foreign organization or individual must obtain approval from a competent state agency of Vietnam;

The permission for a foreign organization or individual to conduct scientific research within Vietnam’s internal waters or territorial sea and the approval for a foreign organization or individual to conduct scientific research in Vietnam’s exclusive economic zone and continental shelf shall be expressed by a scientific research licensing decision, made according to Form No. 5 provided in the Appendix to this Decree.

2. A scientific research licensing decision must have the following major contents:

a/ Name, address and nationality of the licensed organization or individual;

b/ Names and nationalities of foreign scientists; and names of Vietnamese scientists participating in research activities;

c/ Objectives and contents of research activities;

d/ Location and coordinates of the sea area where research activities are planned to be carried out;

dd/ Method of research; research facilities and equipment; and explosives and toxic chemicals permitted to be used for research;

e/ Schedule of the research;

g/ Licensed duration of research.

3. The licensed duration of scientific research shall be determined based on research objectives and contents stated in the dossier of request for licensing of scientific research activities but must not exceed 2 years and may be extended once for 1 year at most.

In case the extended duration has expired while research activities remain incomplete and the foreign organization or individual wishes to continue to conduct research activities, it/he/she shall make a new dossier of request for licensing under this Decree.

Article 4. Cases of refusal to license foreign organizations and individuals to conduct scientific research in the maritime zones of Vietnam

1. Foreign organizations’ or individuals’ scientific research activities are not for peaceful purposes; harm the sovereignty, sovereign rights and jurisdiction of Vietnam, national defense and security activities and national maritime interests of Vietnam, or maritime order and safety; or are prohibited in accordance with Vietnam’s law.

2. Foreign organizations’ or individuals’ scientific research activities seriously affect baseline surveys, scientific researches and marine resource exploration, exploitation and use which are being lawfully conducted in the maritime zones of Vietnam.

3. Foreign organizations’ or individuals’ scientific research activities involve the use of explosives, toxic chemicals or other facilities and equipment which are likely to cause damage to humans or marine resources or pollute the marine environment, except the case prescribed at Point c, Clause 2, Article 20 of the Law on Marine and Island Resources and Environment.

4. Foreign organizations’ or individuals’ scientific research activities involve the construction of artificial islands and structures at sea.

5. Information stated in dossiers of request for licensing of scientific research activities provided by foreign organizations or individuals is inaccurate, or information on the objectives and contents of scientific research activities is inconsistent with evident truths.

6. Foreign organizations or individuals have been licensed to conduct scientific research in the maritime zones of Vietnam but fail to fulfill or improperly fulfill their obligations as prescribed by Vietnam’s law and the 1982 United Nations Convention on the Law of the Sea.

7. Foreign organizations’ or individuals’ scientific research activities involve the drilling on the seabed or the subsoil thereof, except cases permitted by agencies with licensing competence.

8. Foreign organizations or individuals that conduct scientific research within Vietnam’s internal waters or territorial sea or conduct scientific research involving the drilling on the seabed or the subsoil thereof refuse to cooperate in scientific research with the Vietnamese partners upon the latter’s request.

Article 5. Vietnamese scientists’ participation in foreign organizations’ and individuals’ scientific research activities in the maritime zones of Vietnam

1. Vietnamese scientists assigned to participate in foreign organizations’ or individuals’ scientific research activities under Point e, Clause 2, Article 20 of the Law on Marine and Island Resources and Environment must possess professional capacity and qualifications or be engaged in working fields suitable to the research contents.

2. Ministries, ministerial-level agencies and government-attached agencies shall assign Vietnamese scientists under their management to participate in foreign organizations’ or individuals’ scientific research activities in the maritime zones of Vietnam at the proposal of the Ministry of Natural Resources and Environment.

3. A Vietnamese scientist participating in international organizations’ or individuals’ scientific research activities in the maritime zones of Vietnam shall:

a/ Participate in research activities and actively collect scientific information and data from foreign organizations’ or individuals’ scientific research activities in the maritime zones of Vietnam;

b/ Supervise, and timely notify competent state agencies of, foreign organizations’ or individuals’ failure to abide by scientific research licensing decisions or their violation of Vietnam’s law or relevant treaties to which the Socialist Republic of Vietnam is a contracting party;

c/ Report to the Ministry of Natural Resources and Environment and the agency that has assigned him/her to participate in research activities on the research process, research activities and collected scientific information and data on the research activities within 30 days from the date of finishing the scientific research activities.

Article 6. Cooperation in scientific research in the maritime zones of Vietnam

1. Foreign organizations or individuals may coordinate with Vietnamese organizations or individuals in conducting scientific research in the maritime zones of Vietnam in accordance with Vietnam’s law. Vietnam’s competent state agencies may request foreign organizations or individuals to cooperate in scientific research activities in the maritime zones of Vietnam.

2. Cooperation in scientific research within Vietnam’s internal waters or territorial sea or scientific research involving the drilling on the seabed or the subsoil thereof:

a/ Foreign organizations or individuals that wish to conduct scientific research activities within Vietnam’s internal waters or territorial sea or conduct scientific research involving the drilling on the seabed or the subsoil thereof shall cooperate with the Vietnamese partners upon request of Vietnam’s competent state agencies;

b/ Cooperation in scientific research within Vietnam’s internal waters or territorial sea or scientific research involving the drilling on the seabed or the subsoil thereof between foreign organizations or individuals and the Vietnamese partners shall be expressed in a scientific research cooperation document.

Article 7. Reporting on scientific research results

1. Reports on preliminary research results, official reports on scientific research results and other documents prescribed at Points h and i, Clause 2, Article 20 of the Law on Marine and Island Resources and Environment shall be expressed in Vietnamese or English.

2. A report on preliminary research results shall be made according to Form No. 9 provided in the Appendix to this Decree.

Chapter II

GRANT, MODIFICATION AND SUPPLEMENTATION, EXTENSION AND RE-GRANT OF SCIENTIFIC RESEARCH LICENSING DECISIONS

Article 8. Dossier of request for grant, modification and supplementation, extension or re-grant of scientific research licensing decisions

1. A dossier of request for licensing of scientific research activities must comprise:

a/ A written request for licensing of scientific research activities, made according to Form No. 1 provided in the Appendix to this Decree;

b/ A document proving the legal entity status as prescribed by the law of the country where an institutional requester is established, or a document proving the full civil act capacity as prescribed by the law of the country of which an individual requester is a citizen;

c/ A document on scientific research cooperation between the foreign organization or individual and the Vietnamese organization or individual in case of cooperation with a Vietnamese partner in the sea area where scientific research is planned to be conducted;

d/ A project or plan on scientific research in the sea area where the research is planned to be conducted.

2. A dossier of request for modification and supplementation of a scientific research licensing decision must comprise:

a/ A written request for modification and supplementation of a scientific research licensing decision, stating the contents and reasons for the modification or supplementation, made according to Form No. 2 provided in the Appendix to this Decree;

b/ A report on the situation and results of scientific research activities conducted by the time of request for the modification or supplementation;

c/ A copy of the granted decision.

3. A dossier of request for extension of a scientific research licensing decision must comprise:

a/ A written request for extension of a scientific research licensing decision, stating the time and reasons for the extension, made according to Form No. 3 provided in the Appendix to this Decree;

b/ A report on the situation and results of scientific research activities conducted by the time of request for the extension;

c/ A copy of the granted decision.

4.  A dossier of request for re-grant of a scientific research licensing decision must comprise:

a/ A written request for re-grant of a scientific research licensing decision, stating the reasons for the re-grant, made according to Form No. 4 provided in the Appendix to this Decree;

b/ A report on the situation and results of scientific research activities conducted by the time of request for the re-grant.

5. A dossier of request for grant, modification and supplementation, extension or re-grant of a scientific research licensing decision shall be expressed in Vietnamese or English.

A dossier of request for grant, modification and supplementation, extension or re-grant of a scientific research licensing decision shall be made in 1 set.

Article 9. Mode and time of dossier submission

1. Mode of dossier submission:

a/ A foreign organization or individual shall submit a dossier of request for licensing of scientific research activities through diplomatic channel to the Ministry of Natural Resources and Environment. A foreign organization that is an inter-governmental organization shall submit the dossier through diplomatic channel or directly to the Ministry of Natural Resources and Environment. A foreign organization or individual coming from a country that has not yet established diplomatic relations with Vietnam shall submit the dossier directly to the Ministry of Natural Resources and Environment;

b/ A foreign organization or individual shall submit a dossier of request for modification and supplementation, extension or re-grant of scientific research licensing decision directly to the Ministry of Natural Resources and Environment.

2. Time of dossier submission:

a/ A dossier of request for licensing of scientific research activities, which must have sufficient information as prescribed, shall be submitted to the Ministry of Natural Resources and Environment at least 6 months before the expected time for conducting scientific research;

b/ A dossier of request for modification and supplementation or extension of a scientific research licensing decision shall be submitted to the Ministry of Natural Resources and Environment at least 90 days before this decision expires.

Article 10. Modification and supplementation of a scientific research licensing decision

1. A scientific research licensing decision shall be considered for modification and supplementation in the following cases:

a/ There is a change in the contents of scientific research activities;

b/ There is a change in one of the contents on the location, coordinates, method, facilities and equipment, or implementation schedule of scientific research activities.

2. The modification and supplementation of a scientific research licensing decision may be considered only if the following requirements are met:

a/ The foreign organization or individual that requests the decision modification and supplementation has submitted a complete dossier as prescribed in Clause 2, Article 8 of this Decree to the dossier-receiving agency;

b/ By the time of request for the decision modification and supplementation, the foreign organization or individual has properly fulfilled its/his/her obligations as prescribed at Points a, b, c, d, dd, e and g, Clause 2, Article 20 of the Law on Marine and Island Resources and Environment;

c/ The decision remains valid.

3. The modification and supplementation of a scientific research licensing decision shall be made into a new scientific research licensing decision. The maximum validity duration of the new decision equals the remaining validity duration of the old decision.

Article 11. Extension of a scientific research licensing decision

1. A scientific research licensing decision shall be considered for extension in case its validity duration is not long enough for accomplishing the licensed scientific research activities and the foreign organization or individual wishes to extend the duration for accomplishing such activities.

2. The extension of a scientific research licensing decision may be considered only if the following requirements are met:

a/ The foreign organization or individual that requests the decision extension has submitted a complete dossier as prescribed in Clause 3, Article 8 of this Decree to the dossier-receiving agency;

b/ By the time of request for extension, the foreign organization or individual has properly fulfilled its/his/her obligations prescribed at Points a, b, c, d, dd, e and g, Clause 2, Article 20 of the Law on Marine and Island Resources and Environment;

c/ The decision remains valid for at least 90 days.

3. The extension of a scientific research licensing decision shall be made into a decision extending scientific research activities according to Form No. 6 provided in the Appendix to this Decree.

Article 12. Re-grant of a scientific research licensing decision

1. A scientific research licensing decision shall be considered for re-grant in case it is damaged, misplaced or lost.

2. The re-grant of a scientific research licensing decision may be considered only if the following requirements are met:

a/ The foreign organization or individual that requests the re-grant of the decision has submitted a complete dossier as prescribed in Clause 4, Article 8 of this Decree to the dossier-receiving agency;

b/ By the time of request for re-grant of the decision, the foreign organization or individual has properly fulfilled its/his/her obligations prescribed at Points a, b, c, d, dd, e and g, Clause 2, Article 20 of the Law on Marine and Island Resources and Environment.

3. The re-grant of a scientific research licensing decision shall be conducted through issuance of a duplicate of the granted decision.

Article 13. Order of grant, modification and supplementation, extension or re-grant of a scientific research licensing decision

1. The grant, modification and supplementation or extension of a scientific research licensing decision must comply with the following order:

a/ Receiving and checking the dossier;

b/ Collecting opinions of related agencies;

c/ Conducting appraisal;

d/ Deciding on the grant, modification and supplementation or extension of the scientific research licensing decision.

2. The re-grant of a scientific research licensing decision must comply with the following order:

a/ Receiving and checking the dossier;

b/ Issuing a duplicate of the scientific research licensing decision.

Article 14. Receipt and checking of a dossier of request for grant, modification and supplementation, extension or re-grant of a scientific research licensing decision

1. The Ministry of Natural Resources and Environment shall receive and check the form, composition and content of a dossier of request for grant, modification and supplementation, extension or re-grant of a scientific research licensing decision.

2. Within 5 working days after receiving the dossier, the Ministry of Natural Resources and Environment shall notify in writing the foreign organization or individual of the dossier receipt if the dossier is complete as prescribed or of the dossier supplementation or completion if the dossier is incomplete.

Article 15. Collection of opinions of related agencies on licensing of scientific research activities

1. Within 5 working days after receiving a complete dossier of request for licensing scientific research activities as prescribed, the Ministry of Natural Resources and Environment shall send the dossier together with a written request to the Ministry of National Defense, the Ministry of Foreign Affairs, the Ministry of Pubic Security, the Ministry of Science and Technology and related line ministries, provincial-level People’s Committees and related agencies for opinions on such licensing.

2. A written request for opinion must contain:

a/ A proposal for contribution of opinions on approval or disapproval for licensing scientific research activities;

b/ In case of request for licensing of scientific research activities within Vietnam’s internal waters or territorial sea, such written request must contain a proposal for related agencies to give their opinions on the request for the Vietnamese partner’s cooperation in scientific research;

c/ In case of request for licensing scientific research activities involving the drilling on the seabed or the subsoil thereof, such written request must contain a proposal for related agencies to give their opinions on approval or disapproval for licensing the foreign organization or individual to conduct scientific research activities involving the drilling on the seabed or the subsoil thereof; or give opinions on the request for the Vietnamese partner’s cooperation in scientific research in case of approval for licensing scientific research activities involving the drilling on the seabed or the subsoil thereof;

d/ A proposal for the agency with state management functions and tasks relating to the objectives and contents of scientific research to assign scientists to participate in the research activities.

3. Within 30 days after receiving the written request of the Ministry of Natural Resources and Environment, the consulted agencies shall send written replies to the Ministry of Natural Resources and Environment; past this time limit, if giving no written reply, these agencies shall be considered agreeing with the contents put for opinion, and shall take full responsibility for the issues falling within the ambit of their tasks and competence. A written reply must:

a/ State the consulted agency’s opinion on its approval or disapproval of the licensing, and the reason for disapproval;

b/ State the consulted agency’s opinion on its approval or disapproval for a foreign organization or individual to independently conduct scientific research within Vietnam’s internal waters or territorial sea.

In case of requiring the foreign organization or individual to cooperate with a Vietnamese partner in conducting scientific research within Vietnam’s internal waters or territorial sea, the written reply must state the Vietnamese partner’s requirements on and contents of such cooperation;

c/ State the consulted agency’s opinion on its approval or disapproval for a foreign organization or individual to conduct scientific research involving the drilling on the seabed or the subsoil thereof.

The written reply must state the consulted agency’s opinion on its approval or disapproval for a foreign organization or individual to independently conduct scientific research involving the drilling on the seabed or the subsoil thereof. In case of requiring the foreign organization or individual to cooperate with a Vietnamese partner in conducting scientific research involving the drilling on the seabed or the subsoil thereof, the written reply must state the Vietnamese partner’s requirements on and contents of such cooperation;

d/ Assign a scientist to participate in scientific research conducted by the foreign organization or individual within the maritime zones of Vietnam, together with his/her scientific curriculum vitae.

4. After receiving the written reply, if the Ministry of National Defense, the Ministry of Foreign Affairs, the Ministry of Public Security or the Ministry of Science and Technology disapproves of the licensing, the Ministry of Natural Resources and Environment shall decide to refuse the licensing, and notify in writing such refusal to the foreign organization or individual.

Article 16. Processing of a dossier of request for licensing a foreign organization or individual to conduct scientific research involving the drilling on the seabed or the subsoil thereof, or to conduct scientific research within Vietnam’s internal waters or territorial sea that requires cooperation with a Vietnamese partner

1. After receiving the written replies from the agencies under Article 15 of this Decree, if the Ministry of National Defense, the Ministry of Foreign Affairs, the Ministry of Public Security or the Ministry of Science and Technology gives its opinion on disapproval for a foreign organization or individual to independently conduct scientific research involving the drilling on the seabed or the subsoil thereof, the Ministry of Natural Resources and Environment shall notify in writing the foreign organization or individual of such disapproval and request it/him/her to adjust the research contents, and modify the dossier of request for licensing and submit it within 30 days.

In case the foreign organization or individual fail to change the research contents or modify and send the dossier within the prescribed time limit, the Minister of Natural Resources and Environment shall issue a written notice of refusal for the licensing to the foreign organization or individual.

2. After receiving the written replies from the agencies under Article 15 of this Decree, if requiring the foreign organization or individual to cooperate with a Vietnamese partner in conducting scientific research within Vietnam’s internal waters or territorial sea, or conducting scientific research involving the drilling on the seabed or the subsoil thereof, the Ministry of Natural Resources and Environment shall consider and assess the Vietnamese partner’s capacity of and need for cooperation on the basis of the agencies’ proposal for cooperation, and issue a written notice of the cooperation contents and requirements to the foreign organization or individual.

Within 30 days after receiving the written notice, the foreign organization or individual shall give a written reply, stating its/his/her agreement or disagreement with the cooperation. If agreeing with the cooperation, the foreign organization or individual and the Vietnamese partner shall exchange and discuss cooperation contents and conditions, sign a written cooperation agreement and send it together with the dossier of request for the licensing to the Ministry of Natural Resources and Environment.

If the foreign organization or individual disagrees with the cooperation, the Minister of Natural Resources and Environment shall issue a written notice of refusal for the licensing to the foreign organization or individual.

Article 17. Appraisal for licensing, modification and supplementation or extension of a scientific research licensing decision

1. Appraisal contents:

a/ The completeness in terms of the form, composition and contents of, and the accuracy of information provided in, the dossier;

b/ The conformity between objectives and contents of scientific research activities;

c/ The satisfaction of the licensing conditions prescribed in Clause 1, Article 19 of the Law on Marine and Island Resources and Environment, the relevant provisions of the 1982 United Nations Convention on the Law of the Sea, and the conditions for modification and supplementation or extension of a scientific research licensing decision as prescribed in Articles 10 and 11 of this Decree.

2. The appraisal must comply with the following provisions:

a/ Within 90 days after receiving a complete dossier of request for licensing of scientific research activities as prescribed, the Ministry of Natural Resources and Environment shall complete the appraisal for licensing under Clause 1 of this Article. The appraisal results shall be stated in writing;

b/ Within 50 days after receiving a complete dossier of request for modification and supplementation or extension of a scientific research licensing decision as prescribed, the Ministry of Natural Resources and Environment shall complete the appraisal of the request under Clause 1 of this Article. The appraisal results shall be stated in writing.

Article 18. Scientific research licensing decision

1. Based on the appraisal results, if the dossier of request for the licensing meets the prescribed requirements and conditions, and does not fall into the case prescribed in Clause 1, 2, 3, 4, 5 or 6, Article 4 of this Decree, after obtaining  agreement of the Ministry of National Defense, the Ministry of Foreign Affairs, the Ministry of Public Security and the Ministry of Science and Technology, the Minister of Natural Resources and Environment shall issue a decision to license a foreign organization or individual to conduct scientific research within the maritime zones of Vietnam.

In case the dossier of request for the licensing does not meet the prescribed requirements and conditions or falls into of the case prescribed in Clause 1, 2, 3, 4, 5 or 6, Article 4 of this Decree, the Minister of Natural Resources and Environment shall issue a written notice of refusal for the licensing to the foreign organization or individual.

2. The Minister of Natural Resources and Environment shall decide on the licensing for scientific research within 120 days after receiving a complete dossier as prescribed.

In case a foreign organization or individual conducts scientific research involving the drilling on the seabed or the subsoil thereof, or conducts scientific research within Vietnam’s internal waters or territorial sea that requires cooperation with a Vietnamese partner under Article 16 of this Decree, the 120-day time limit shall be counted from the date the dossier-receiving agency receives the written agreement on cooperation in scientific research together with the dossier or receives the dossier with scientific research not involving the drilling on the seabed or the subsoil thereof.

3. The Ministry of Natural Resources and Environment shall send the decision licensing, or the written notice of refusal to license, scientific research in the maritime zones of Vietnam to the foreign organization or individual and related ministries, ministerial-level agencies, government-attached agencies, provincial-level People’s Committees and agencies.

Article 19. Decision on modification and supplementation, extension or re-grant of a scientific research licensing decision

1. After receiving a complete dossier of request for modification and supplementation or extension of a scientific research licensing decision as prescribed, the Ministry of Natural Resources and Environment shall consult related agencies and conduct appraisal under Articles 15 and 17 of this Decree.

Within 80 days after receiving a complete dossier as prescribed, the Minister of Natural Resources and Environment shall decide to approve or disapprove the modification and supplementation or extension of the scientific research licensing decision; issue a decision on modification and supplementation or extension of the scientific research licensing decision, or issue a written notice in case of disapproval for modification and supplementation or extension of the scientific research licensing decision.

The Ministry of Natural Resources and Environment shall send the decision on modification and supplementation or extension of the decision licensing scientific research or the written notice of disapproval for modification and supplementation or extension of the decision licensing scientific research within the maritime zones of Vietnam to the foreign organization or individual and related ministries, ministerial-level agencies, government-attached agencies, provincial-level People’s Committees and agencies.

2. Within 15 days after receiving a complete dossier of request for re-grant of a scientific research licensing decision as prescribed, if the dossier satisfies the conditions prescribed in Article 12 of this Decree, the Minister of Natural Resources and Environment shall issue a duplicate of the scientific research licensing decision to the foreign organization or individual; if the conditions for re-grant of the decision are not fully satisfied, he/she shall notify such in writing to the foreign organization or individual.

Article 20. Conditions for and requirements on a foreign organization or individual to conduct scientific research within the maritime zones of Vietnam

1. A foreign organization or individual shall pay a charge for appraisal for the licensing and a fee for licensing scientific research in the maritime zones of Vietnam under Vietnam’s law on charges and fees.

2. The foreign organization or individual licensed to conduct scientific research shall fulfill the obligations prescribed in Clause 2, Article 20 of the Law on Marine and Island Resources and Environment; fully meet the prescribed conditions and strictly comply with relevant requirements under Vietnam’s laws on sea, maritime, aviation, customs, tax, labor, healthcare, entry and exit, national defense and security and other relevant laws.

3. In the course of conducting scientific research, the foreign organization or individual shall promptly notify the Ministry of Natural Resources and Environment of any change in the licensed contents, except the cases of modification and supplementation or extension of the licensing decision prescribed in Clause 1, Article 10, and Clause 1, Article 11, of this Decree, and may effect such change only after obtaining a written approval of the Minister of Natural Resources and Environment;

4. Within 5 days before entering the maritime zones of Vietnam to conduct scientific research or before leaving the maritime zones of Vietnam, the foreign organization or individual shall notify such to the Ministry of Natural Resources and Environment; and notify such to competent agencies and organizations in accordance with Vietnam’s law on maritime and other relevant laws.

Chapter III

SUSPENSION OR REVOCATION OF A SCIENTIFIC RESEARCH LICENSING DECISION

Article 21. Suspension of a scientific research licensing decision

1. A scientific research licensing decision shall be suspended in the following cases:

a/ The licensee fails to comply with the research contents, location or coordinates of the sea area where scientific research is conducted; method, facilities or equipment of the research; or schedule of the research under the decision;

b/ The scientific research activities strictly affect the activities of baseline survey, scientific research, or exploration, exploitation and use of marine resources which are lawfully carried out in the maritime zones of Vietnam;

c/ The scientific research activities cause serious damage to natural resources, or pollution or degradation of marine and island environment and ecosystems;

d/ The licensee carries into the maritime zones of Vietnam weapons, explosives, toxic chemicals or other facilities and equipment which are likely to cause damage to humans or marine resources or to pollute the marine environment, except explosives and toxic chemicals which are permitted by competent licensing agencies to be used for scientific research;

dd/ The licensee conducts scientific research when the licensing decision has expired without being extended;

e/ The licensee fails to ensure necessary working conditions, including expenses for scientists who are assigned by Vietnam’s competent state agencies to participate in the research;

g/ The licensee violates Vietnam’s laws on environmental protection, maritime and other relevant laws and international law.

2. The suspension of a scientific research licensing decision must comply with the following provisions:

a/ When detecting, or receiving a notice on, any violation committed by a foreign organization or individual in a case prescribed in Clause 1 of this Article, maritime patrol and control forces shall make a written record of such violation, and decide to handle the violation according to their competence under the law on handling of administrative violations; send the violation handling dossier to the Ministry of Natural Resources and Environment.

Vietnamese scientists engaged in scientific research and other organizations and individuals that detect violations in the cases prescribed in Clause 1 of this Article shall promptly notify such to maritime patrol and control forces or the Ministry of Natural Resources and Environment;

b/ Within 10 days after receiving information on violations committed by the foreign organization or individual in a case prescribed in Clause 1 of this Article, the Minister of Natural Resources and Environment shall consider and decide to suspend or not to suspend the scientific research licensing decision already granted to the foreign organization or individual. The suspension decision shall be made according to Form No. 7 provided in the Appendix to this Decree;

c/ Within 1 working day after deciding to suspend the scientific research licensing decision, the Ministry of Natural Resources and Environment shall send a decision suspending the scientific research licensing decision to the foreign organization or individual, and notify such to related agencies and organizations. The suspension decision shall be sent directly to the foreign organization or individual and concurrently transmitted via the marine communication systems.

3. When receiving a decision on suspending the scientific research licensing decision, the foreign organization or individual shall immediately stop the scientific research activities; if causing damage to other organizations or individuals or to the environment, it/he/she shall pay compensation and restore the environment in accordance with Vietnam’s law.

4. The foreign organization or individual that has its/his/her scientific research licensing decision suspended may resume scientific research activities if meeting the following conditions:

a/ It/he/she has terminated the violation and fully met the requirements stated in the decision suspending the scientific research licensing decision;

b/ It/he/she has completed compensation or environmental restoration in case of causing damage to other organizations or individuals or to the environment;

c/ It/he/she has been licensed or approved by a competent state agency under a new scientific research licensing decision, in case of suspension under Point dd, Clause 1 of this Article.

5. The resumption of scientific research after suspension must comply with the following provisions:

a/ The foreign organization or individual shall send a written request for resumption of scientific research, clearly stating the results of implementation of the provisions of Points a and b, Clause 4 of this Article, to the Ministry of Natural Resources and Environment;

b/ The Ministry of Natural Resources and Environment shall coordinate with related agencies in considering the request and examining the foreign organization or individual in implementing the provisions of Points a and b, Clause 4 of this Article;

c/ If the foreign organization or individual fully meets the conditions prescribed at Points a and b, Clause 4 of this Article, within 5 working days, the Minister of Natural Resources and Environment shall issue a written permission for the foreign organization or individual to resume scientific research in the maritime zones of Vietnam.

d/ In the case prescribed at Point dd, Clause 1 of this Article, the foreign organization or individual shall send a dossier of request for licensing scientific research to a competent state agency, and may resume the scientific research only after obtaining written permission or approval of the competent sate agency under a new scientific research licensing decision.

Article 22. Revocation of a scientific research licensing decision

1. A scientific research licensing decision shall be revoked in the following cases:

a/ Scientific research conducted by the foreign organization or individual causes harm to the sovereignty, sovereign rights and jurisdiction of Vietnam; to national defense, security and national maritime interests of Vietnam; or to maritime order and safety; or the foreign organization or individual conducts prohibited activities under Vietnam’s law;

b/ The foreign organization or individual takes advantage of the licensed scientific research to carry out activities not for peaceful purposes or to conduct activities other than scientific research activities licensed by Vietnamese competent agencies;

c/ The scientific research licensing decision has been suspended but the foreign organization or individual fails to meet the requirements stated in the decision suspending the scientific research licensing decision;

d/ The foreign organization or individual has its/his/her scientific research licensing decision suspended but repeats the violation after being licensed to resume scientific research.

2. The revocation of a scientific research licensing decision must comply with the following provisions:

a/ Within 2 working days after receiving information on violations of the foreign organization or individuals in a case prescribed in Clause 1 of this Article from maritime patrol and control forces, Vietnamese scientists engaged in scientific research or other organizations and individuals, the Ministry of Natural Resources and Environment shall send a written request to the Ministry of National Defense, the Ministry of Foreign Affairs, the Ministry of Public Security, and the Ministry of Science and Technology for opinion; and coordinate with maritime law enforcement forces in conducting inspection and verification when necessary. Within 5 working days after receiving the written request, the consulted ministries shall send their written replies;

b/ Within 10 working days after receiving information on the violations, the Minister of Natural Resources and Environment shall decide to revoke or not to revoke the scientific research licensing decision already granted to the foreign organization or individual. The revocation decision shall be made according to Form No. 8 provided in the Appendix to this Decree;

c/ Within 1 working day after issuing a decision revoking the scientific research licensing decision, the Ministry of Natural Resources and Environment shall send the revocation decision to the foreign organization or individual, and notify such to related agencies and organizations. The revocation decision shall be sent directly to the foreign organization or individual and via the marine communication systems.

3. When receiving a decision revoking the scientific research licensing decision, the foreign organization or individual shall immediately terminate scientific research activities, dismantle and carry the research facilities or equipment out of the maritime zones of Vietnam.

Chapter IV

ORGANIZATION OF IMPLEMENTATION AND IMPLEMENTATION PROVISIONS

Article 23. Responsibilities of the Ministry of Natural Resources and Environment

1. To assume the prime responsibility for, and coordinate with other ministries, ministerial-level agencies, government-attached agencies, provincial-level People’s Committees of coastal localities, and related agencies in, granting, modifying and supplementing, extending, re-granting, suspending or revoking scientific research licensing decisions to foreign organizations and individuals that conduct scientific research in the maritime zones of Vietnam.

2. To take the initiative and coordinate with the Ministry of National Defense, other ministries, ministerial-level agencies, government-attached agencies, and provincial-level People’s Committees of coastal localities in, examining and controlling scientific research conducted by foreign organizations and individuals in the maritime zones of Vietnam.

3. To handle violations according to its competence prescribed in this Decree and relevant laws.

4. The Minister of Natural Resources and Environment shall, within the ambit of his/her functions, tasks and powers, guide, examine and urge the implementation of this Decree.

Article 24. Responsibilities of ministries, ministerial-level agencies, government-attached agencies, and provincial-level People’s Committees of coastal localities

1. Ministers, heads of ministerial-level agencies or government-attached agencies, and provincial-level People’s Committees of coastal localities, within the ambit of their tasks and powers, shall:

a/ Give opinions on the grant, modification and supplementation, extension, or revocation of scientific research licensing decisions based on the written request for opinions of the Ministry of Natural Resources and Environment;

b/ Direct subordinate units to inspect and control scientific research conducted by foreign organizations and individuals in the maritime zones of Vietnam;

c/ Handle violations according to their competence; notify and coordinate with the Ministry of Natural Resources and Environment in handling violations committed by foreign organizations and individuals conducting scientific research in the maritime zones of Vietnam in accordance with this Decree and relevant laws.

2. The Ministry of National Defense shall, within the ambit of its tasks and powers, direct maritime patrol and control forces under its management to inspect and control scientific research conducted by foreign organizations and individuals, based on the scientific research licensing decisions already granted, modified and supplemented or extended by competent state agencies; detect and handle according to its competence or propose competent agencies to handle foreign organizations and individuals conducting scientific research in the maritime zones of Vietnam that commit violations in accordance with this Decree and relevant laws.

3. The Ministry of Public Security shall actively prevent, detect, struggle and handle according to its competence or propose competent agencies to handle foreign organizations and individuals conducting scientific research in the maritime zones of Vietnam that commit violations in accordance with this Decree and relevant laws.

4. Maritime patrol and control forces shall, within the ambit of their functions, tasks and powers, inspect and control scientific research conducted by foreign organizations and individuals in the maritime zones of Vietnam; and handle violations according to their competence.

Article 25. Effect

This Decree takes effect on July 1, 2016, and replaces the Council of Ministers’ Decree No. 242-HDBT of August 5, 1991, promulgating the Regulation on scientific research of foreign parties and vessels in the maritime zones of the Socialist Republic of Vietnam.

Article 26. Implementation responsibility

1. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with other ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees of coastal localities in, organizing the implementation of this Decree.

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

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

(*) The Appendix to this Decree is not translated.