Nghị định 11/2021/NĐ-CP về giao khu vực biển nhất định cho tổ chức, cá nhân khai thác sử dụng tài nguyên biển

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

 

DECREE

ON ASSIGNMENT OF CERTAIN SEA AREAS TO ORGANIZATIONS AND INDIVIDUALS FOR EXPLOITATION AND USE OF MARINE RESOURCES

Pursuant to the Law on Government Organization dated June 19, 2015; Law on Amendments to the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

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

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

Pursuant to the Law on Fisheries dated November 21, 2017;

Pursuant to the Law on Planning dated November 24, 2017;

Pursuant to the Law on Amendments to some Articles concerning planning of 37 Laws dated November 20, 2018;

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

The Government hereby promulgates a Decree on assignment of certain sea areas to organizations and individuals for exploitation and use of marine resources.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. Scope

a) This Decree provides for assignment of certain sea areas from the mean lowest waterfront in multiple years to all territorial waters of Vietnam to organizations and individuals for the purpose of exploiting and using marine resources according to the written permission for exploitation and use of marine resources granted by the competent authority to organizations and individuals in accordance with regulations of law.

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

2. Regulated entities

This Decree applies to regulatory bodies, organizations and individuals involved in assignment of sea areas for exploitation and use of marine resources.

Article 2. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. “assignment of sea area(s)” means a competent authority deciding to permit an organization or individual to use one or more certain sea areas (hereinafter referred to as “sea areas”) for a given period of time in order to exploit and use marine resources.

2. “sea area assigned to an organization or individual” means a part of Vietnam’s territorial waters whose location, coordinate, boundary, size and depth are determined by one or more components including sea surface, seawater column, seabed and subsoil determined and presented on a sea area map.

3. “inter-regional sea area” means a sea area which lies within two coastal provinces or central-affiliated cities or more or partially lies within and outside a 06-nautical mile waters.

4. “03-nautical mile waters” means a territorial waters whose inner and outer boundaries lie at a distance of 03 nautical miles from the mean lowest waterfront in multiple years.

5. “06-nautical mile waters” means a territorial waters whose inner and outer boundaries lie at a distance of 06 nautical miles from the mean lowest waterfront in multiple years.

6. “written permission for exploitation and use of marine resources” granted by a competent authority to an organization or individual as prescribed by law means:

a) The license to exploit and use marine resources issued to the organization or individual in accordance with special legislation;

b) In case the special legislation does not prescribe form of the license, the written permission means one of the following documents: investment certificate, investment registration certificate prescribed by law; decision issued by a competent authority on conversion from inshore fishing to aquaculture in accordance with the law on fisheries or written confirmation issued by the communal People’s Committee that the Vietnamese individual permanently residing in the commune has his/her major incomes earned from aquaculture; a document issued by a competent authority that permits the organization or individual to perform science and technology tasks; another document that permits the organization or individual to exploit and use marine resources as prescribed by law.

Article 3. Boundaries and size of sea areas

1. Boundary of a sea area is determined by a closed line consisting of straight line segments connecting corner closure points with specific coordinates and shown on the bathymetric map published by the Ministry of Natural Resources and Environment with an appropriate scale.

2. Size of the sea area assigned to the organization or individual shall be considered and decided in each specific case on the basis of the following factors:

a) The organization’s or individual’s demand for use of the sea area specified in application form for assignment of the sea area or investment project;

b) Area reserved for exploitation and use of marine resources under the written permission for exploitation and use of natural resources granted by the competent authority;

c) A report on appraisal of the application for assignment of the sea area prepared by the competent authority;

d) Safety corridors of works and equipment (if any) under the special legislation.

3. The Ministry of Natural Resources and Environment shall determine and announce the mean lowest waterfront in multiple years, outer boundaries of 03-nautical mile and 06-nautical mile waters of the mainland and largest islands in island districts.

Article 4. Rules for assigning a sea area

1. Maintain national defense, security and sovereignty, protect sovereign rights, jurisdiction and maritime interests and conformity with international treaties to which Vietnam is a signatory.

2. Ensure suitability for natural laws and functions of sea areas based on the ecosystem‐based management of marine resources; meet the demand for exploitation, reasonable, economical and efficient use of natural resources, environmental protection, nature conservation and biodiversity of sea and islands, adaptation to climate change and sea level rise.

3. Ensure the conformity with the national marine spatial planning; comprehensive planning for sustainable exploitation and use of coastal resources.

4. Protect interests of organizations and individuals entitled to legally exploit and use marine resources; protect the people’s right of access to sea.

5. Within a territorial waters, a sea area may be assigned to one or more organizations or individuals to use it for one or more intended uses but such uses must not contradict the legal exploitation and use of marine resources by other organizations or individuals.

Article 5. Bases for assigning a sea area

1. The organization or individual’s demand for use of the sea area for exploitation and use of marine resources.

2. Written permission for exploitation and use of marine resources granted by a competent authority to the organization or individual as prescribed by law.

3. The national marine spatial planning; comprehensive planning for sustainable exploitation and use of coastal resources.

If the national marine spatial planning; the comprehensive planning for sustainable exploitation and use of coastal resources is not available or has been approved but fails to show the sea area to be assigned, the assignment of the sea area shall be based on one of the plannings approved by the competent authority in the following order of priority:

a) National sector planning;

b) Regional planning;

c) Provincial planning;

d) Special administrative - economic unit planning;

dd) Technical and specialized planning.

If the abovementioned plannings are not available, the determination of location, boundary and size in service of sea area assignment shall comply with Clause 4 of this Article.

4. The determination of location, boundary and size in service of sea area assignment in the case where the plannings in Clause 3 of this Article are not available shall comply with the following requirements:

a) The sea area to be used for exploitation and use of marine resources shall ensure that the exploitation and use of marine resources do not affect national defense and security-related activities, sovereignty, sovereign rights, jurisdiction and national maritime interests; does not the fulfillment of the obligations specified in relevant international treaties to which the Socialist Republic of Vietnam is a signatory;

b) The sea area to be used shall ensure that the exploitation and use of marine resources do not adversely affect the environment, marine ecosystems, aquatic resources, human health and potential for national economic development as prescribed by law;

c) The sea area to be used shall ensure that the exploitation and use of marine resources do not affect safety upon using seaports, navigational channels, petroleum installations, electrical and optical marine cables, co-management of aquatic resources by community organizations and legal exploitation and use of natural resources by organizations and individuals as prescribed by law.

d) The Ministry of Natural Resources and Environment shall determine the location, boundary and size of the sea area which is assigned by the Prime Minister and the Ministry of Natural Resources and Environment after collecting comments of the Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, other ministries and People's Committees of provinces concerned about the regulations set out in Points a, b and c of this Clause;

dd) The People’s Committee of the coastal province shall determine the location, boundary and size of the sea area which is assigned by the province after collecting comments of the Ministry of Natural Resources and Environment, the Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, provincial army and police authorities and organizations concerned about the regulations set out in Points a, b and c of this Clause;

e) The People’s Committee of the coastal district shall determine the location, boundary and size of the sea area which is assigned by the district after collecting comments of the Department of Natural Resources and Environment, the Department of Agriculture and Rural Development, provincial army and police authorities and organizations concerned about the regulations set out in Points a, b and c of this Clause.

Article 6. Duration of assignment and recognition of sea areas

1. Time limit for using a sea area:

a) Except for the case in Point b of this Clause, the duration of assignment of a sea area (hereinafter referred to as "the assignment duration" shall be considered and decided for each specific case on the basis of the application for sea area assignment, investment project and time limit specified in the written permission for exploitation and use of marine resources granted by the competent authority but must not exceed 30 years;

b) Regarding the investment project whose investment guidelines have been approved or decided by a competent authority and which has been issued with the investment registration certificate or investment certificate with an investment duration of over 30 years, the assignment duration may be over 30 years but must not exceed the investment duration specified in the written approval for investment guidelines, decision on investment guidelines, investment registration certificate or investment certificate (except for marine aquaculture projects”);

c) The assignment duration may be extended for multiple times but the total extended period must not exceed 20 years.

2. In the cases where the assignment duration specified in Clause 1 of this Article expires and the organization or individual wishes to continue using the sea area, such organization or individual may be assigned the sea area as prescribed in this Decree if the following conditions are met:

a) The written permission for exploitation and use of marine resources remains effective;

b) The use of the sea area still conforms to the planning as prescribed in Clause 3 Article 5 of this Decree.

3. The effective period of the sea area recognition equals to the remaining effective period of the decision on land allocation or agreement on lease of coastal land with water surface or seawater surface previously issued by the competent authority.

4. The duration of assignment of a sea area for land reclamation shall be considered on the basis of the land reclamation plan of the approved investment project. The organization or individual assigned the sea area for land reclamation in service of project execution is entitled to use the area of land formed after the land reclamation in accordance with regulations of law on land.

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

1. An organization or individual assigned a sea area has the right to:

a) Use the sea area for exploitation and use of marine resources according to the decision on sea area assignment;

b) Extend assignment duration or amend the decision on sea area assignment or decision on sea area return;

c) Use information and data related to the assigned sea area as prescribed by law;

d) Receive compensation when a competent authority expropriates the sea area to serve national defense and security purposes and national and public interests as prescribed by law;

dd) File a complaint or lawsuit when legitimate rights and interests of the organization or individual are infringed upon;

e) Exercise other rights as prescribed by law.

2. An organization or individual assigned a sea area has the following obligations:

a) Use the assigned sea area for its intended uses and with the boundary, size, depth, height and duration specified in the decision on sea area assignment; do not infringe the sea; do not violate the planning approved by the competent authority;

b) Do not carry out activities that affect national defense, security, sovereignty, sovereign rights, jurisdiction and national maritime interests; do not cause environmental pollution and destroy marine environment and marine ecosystems; do not affect or obstruct maritime traffic; do not obstruct inspection, examination, baseline survey, scientific research, survey, exploration, exploitation and use of marine resources and environment and other legal activities permitted by competent authorities to be carried out within Vietnam’s territorial waters;

c) Protect marine environment; annually report the use of assigned sea areas to the competent that has the power to assign the sea area (hereinafter referred to as “the assigning authority”); do not provide information about the sea area in contravention of the law;

d) Pay sea area usage fees in accordance with the law; only use the sea area after fulfilling all financial obligations as prescribed; prior to using the sea area, notify the assigning authority for on-site assignment of the sea area;

dd) Do not transfer the right to use the assigned sea area, except for the case in Clause 3 of this Article;

e) Do not exploit and use marine resources in the sea area when the competent authority has yet to assign the sea area;

g) Comply with the decision on expropriation of the assigned sea area issued by the competent authority;

h) Fulfill other obligations as prescribed by law.

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

Chapter II

ASSIGNMENT, RECOGNITION AND RETURN OF SEA AREAS; EXTENSION OF ASSIGNMENT DURATION AND AMENDMENT OF DECISIONS ON SEA AREA ASSIGNMENT

Article 8. The power to assign, recognize and permit return of sea areas; extend assignment duration and amend decisions on sea area assignment; expropriate sea areas

1. The Prime Minister shall decide to assign sea areas to organizations and individuals to execute projects on investment in exploitation and use of marine resources subject to approval for or decision on their investment guidelines by the National Assembly and Government, except for assignment of sea areas for sea dumping and aquaculture.

2. The Ministry of Natural Resources and Environment shall decide to assign sea areas in the following cases except for the case in Clause 1 of this Article:

a) The sea areas assigned to organizations and individuals to execute projects on investment in exploitation and use of marine resources subject to approval for or decision on their investment guidelines by the Prime Minister;

b) Inter-regional sea areas; sea areas lying outside 06-nautical mile waters from the mean lowest waterfront in multiple years of the mainland and islands as specified in Clause 3 Article 3 of this Decree;

c) Sea areas of which the assignment is requested by foreign investors and foreign-invested business entities for execution of projects on investment in exploitation and use of marine resources.

3. People’s Committees of coastal provinces shall decide to assign sea areas lying within 06-nautical mile waters from the mean lowest waterfront in multiple years of the mainland and islands as specified in Clause 3 Article 3 of this Decree, except for the cases in Clauses 1, 2 and 4 of this Article.

4. People’s Committees of coastal districts shall decide to assign Vietnamese individuals sea areas for aquaculture purpose as specified in Point a Clause 2 Article 44 of the Law on Fisheries which lie within 03-nautical mile waters from the mean lowest waterfront in multiple years of the mainland and islands as specified in Clause 3 Article 3 of this Decree.

The maximum size of a sea area assigned for aquaculture purpose as specified in this Clause is 01 ha.

5. The authority that has the power to assign a sea area also has the power to recognize, extend/amend the decision on assignment of, permit return of and expropriate such sea area.

Article 9. Assignment of sea areas

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

a) The organization or individual has been granted the written permission for exploitation and use of marine resources in the sea area to be assigned;

b) The sea area to be assigned conforms to the planning as prescribed in Article 5 of this Decree;

c) The organization or individual has submitted a sufficient application for sea area assignment specified in Article 15 of this Decree to the receiving authority.

2. The assignment of the sea area to the organization or individual for exploitation and use of marine resources must be documented in the decision on sea area assignment according to the Form No. 06 enclosed herewith.

3. The decision on sea area assignment contains the following main contents:

a) Name and address of the organization or individual assigned the sea area;

b) Uses of the sea area;

c) Location, boundary and size of the sea area;

d) Depth; height of the work or equipment permitted for use (if any);

dd) Assignment duration;

e) Method of payment of sea area usage fees; sea area usage fees payable;

g) Obligations of the organization or individual assigned the sea area;

h) Entry into force.

i) Other relevant contents.

4. Scientific research activities by Vietnamese organizations and individuals (except for the scientific research activities requiring the use of fixed sea areas and scientific research activities conducted by foreign organizations and individuals within Vietnam’s territorial waters); measurement, monitoring, investigation, survey and assessment of marine resources; fishing and remedying of consequences caused by natural disasters and environmental emergencies at sea are not subject to assignment of sea areas. Within its power to assign sea areas, the competent authority specified in Article 8 of this Decree shall consider granting written approval for locations, boundaries, size, coordinates, depth and duration of sea areas in order for Vietnamese organizations and individuals to carry out scientific research activities; measurement, monitoring, investigation, survey and assessment of marine resources.

Article 10. Recognition of sea areas

1. An organization or individual issued with the decision on land allocation or lease of coastal land with water surface or seawater surface as prescribed by law before the effective date of this Decree is entitled to continue their use thereof and exercise of rights and obligations until the expiry of the allocation or lease term as prescribed by law. In this case, if such organization or individual wishes to apply for sea area recognition, they shall submit a sufficient application for sea area recognition as prescribed in Article 17 hereof. The recognition shall be documented in a decision on sea area assignment and the assignment duration is the remaining effective period of the decision on land allocation or lease of coastal land with water surface or seawater surface.

2. If an organization or individual was granted the written permission for exploitation and use of marine resources by the competent authority as prescribed by law before July 15, 2014 and is using the sea area but has not been issued with the decision on land allocation or lease of coastal land with water surface or seawater surface or sea area assignment as prescribed by law, they shall submit a sufficient application for sea area recognition as prescribed in Article 17 hereof. The recognition shall be documented in a decision on sea area assignment and the assignment duration is the remaining effective period of the written permission for exploitation and use of marine resources.

If an organization or individual was granted the written permission for exploitation and use of marine resources by the competent authority as prescribed by law after July 15, 2014, they shall submit an application for sea area assignment as prescribed in Article 15 hereof.

3. Regarding an organization or individual that is using the sea area in the case specified in Clause 1 of this Article but has not yet applied for sea area recognition, the competent authority specified in Point b Clause 2 Article 25 hereof shall update and verify information including name of the organization or individual using the sea area; location, boundary, size, depth, uses of the sea area and remaining assignment duration, and make a sea area diagram according the Form No. 09 hereof and prepare a dossier for management purpose.

Article 11. Extension of assignment duration

1. The extension of sea area assignment may be considered if the following conditions are met:

a) The written permission for extraction and use of marine resources remains effective or is extended by a competent authority;

b) The organization or individual uses the sea area for its intended uses; fully complies with regulations of law on environmental protection as prescribed by law;

c) The organization or individual has fully fulfilled financial obligations and other obligations as prescribed by law by the time of applying for extension;

d) The organization or individual has submitted a sufficient application for extension of sea area assignment specified in Article 19 of this Decree to the receiving authority when the decision on sea area assignment remains effective.

2. The assignment duration may be extended for each specific case but the total extended period must not exceed 20 years. The extension shall be documented in a new decision on sea area assignment.

Article 12. Return of sea areas

1. Any organization or individual that obviates the need for the assigned sea area is entitled to return it in part or in whole.

2. If an organization or individual makes a request for total return of a sea area, the return shall be documented in a decision on permission for sea area return according to the Form No. 07 enclosed herewith.

3. If an organization or individual makes a request for partial return of a sea area, the return shall be documented in a new decision on assignment of the remaining part of the sea area.

4. The organization or individual that makes a request for sea area return shall submit a sufficient application as specified in Article 21 of this Decree to the receiving authority when the decision on sea area assignment remains effective.

5. The organization or individual returning the sea area shall take measures for environmental remediation in the assigned sea area to be return; shall fulfill all financial obligations and other obligations as prescribed by law.

6. The organization or individual assigned a sea area for exploitation of non-renewable resources is not permitted to return it in part.

Article 13. Amendment to the decision on sea area assignment

1. A decision on sea area assignment may be amended in the following cases:

a) Information about the organization or individual assigned the sea area is changed without changing its/his/her ownership, except for the cases in Points b and c of this Clause;

b) The ownership of the organization or individual assigned the sea area is changed if the individual or owner of the sole proprietorship or owner of the single-member limited liability company is dead and has an heir;

c) The organization or individual assigned the sea area makes a transfer of the investment project associated with the sea area use right or a change of the investor which is permitted or approved by a competent authority in accordance with regulations of law on investment; fully divides, partially divides, consolidates or merges an enterprises in accordance with regulations of law on enterprises;

d) Depth; height of the work or equipment permitted for use (if any) is changed;

dd) Contents of the science and technology task serving aquaculture and other science and technology tasks that require the use of the fixed sea area are changed resulting in the change of contents of the decision on sea area assignment.

2. The organization or individual shall submit a sufficient application for amendment to the decision on sea area assignment specified in Article 23 of this Decree to the receiving authority.

3. By the time of applying for amendment to the decision on sea area assignment, the organization or individual assigned the sea area has fully fulfilled the obligations under the law and the decision on sea area assignment remains effective.

4. The amendment to the decision on sea area assignment shall be documented in a new decision on sea area assignment. The assignment duration is the remaining effective period of the previous decision on sea area assignment.

5. In the case specified in Point c Clause 1 of this Article, before following the procedures for transfer of the investment project associated with the sea area use right or change of the investor, full division, partial division, consolidation or merger of an enterprise, the organization or individual assigned the sea area shall send a written request for opinions to the assigning authority specified in Article 8 of this Decree.

Article 14. Use of sea areas for sea dumping

1. If an organization or individual is eligible to be issued with or extend the sea dumping permit; amend the sea dumping permit in the case of change of the boundary or size of the sea area used for dumping, the competent authority that has the power to issue, extend and amend the sea dumping permit shall issue both sea dumping permit and decision on sea area assignment to the organization or individual.

The organization or individual is not required to submit an application for sea area assignment or extension of assignment duration or amendment to the decision on sea area assignment; the competent authority shall consider deciding to assign a sea area, extend assignment duration or amend the decision on assignment of a sea area for sea dumping in the process of considering deciding to issue, extend or amend the sea dumping permit.

2. The organization or individual assigned the sea area for sea dumping has the responsibility to pay sea area usage fees in a lump sum.

Article 15. Applications for sea area assignment

1. An application for sea area assignment includes:

a) An application form for sea area assignment, which is made using the Form No. 01 enclosed herewith;

b) A copy of the written permission for exploitation and use of marine resources, which is granted by the competent authority;

c) A copy of one of the following documents: decision on approval for environmental impact assessment report, written confirmation of the environmental protection plan, commitment to environmental protection, detailed or simple environmental protection project of the project in accordance with the law on environmental protection (if prescribed);

d) A diagram of the sea area showing the coordinates of the corner points of the sea area, which is made using the Form No. 05 enclosed herewith.

2. An application for assignment of a sea area for aquaculture submitted by a Vietnamese individual as prescribed in Point a Clause 2 Article 44 of the Law on Fisheries includes:

a) An application form for sea area assignment, which is made using the Form No. 01 enclosed herewith;

b) A copy of one of the following documents: family register, ID card or Citizen ID card or personal identification number;

c) A copy of the document issued by a competent authority that permits the individual to convert from inshore fishing to aquaculture as prescribed by the law on fisheries or written confirmation issued by the communal People’s Committee that the Vietnamese individual permanently residing in the commune has his/her major incomes earned from aquaculture.

3. An application for assignment of a sea area for performance of a science and technology task includes:

a) An application form for sea area assignment, which is made using the Form No. 01 enclosed herewith;

b) A copy of the written permission for performance or assignment of the science and technology task or decision on approval for the description or outline of the science and technology task performed in service of aquaculture and other science and technology tasks requiring the use of fix sea area;

c) A diagram of the sea area showing the coordinates of the corner points of the sea area, which is made using the Form No. 05 enclosed herewith.

Article 16. Procedures for processing the application for sea area assignment

1. Receipt of the application:

a) The applicant shall submit 01 application as prescribed in Article 15 hereof to the receiving authority prescribed in Article 25 hereof; the receiving authority shall prepare an appointment note according to the Form No. 10 enclosed herewith;

b) Within 03 working days from the receipt of the application, the receiving authority shall inspect it. If the application is not satisfactory, the receiving shall instruct the applicant in writing to complete it;

c) After receiving a satisfactory application, the receiving authority shall transfer it to the appraising authority.

2. Appraisal of the application:

Within 45 working days in the case of the sea area to be assigned by the Prime Minister, Ministry of Natural Resources and Environment or provincial People’s Committee; within 30 working days in the case of the sea area to be assigned by the district-level People’s Committee, from the receipt of the satisfactory application, the appraising authority shall:

a) Complete the appraisal according to Clause 1 Article 27 of this Decree. The appraisal result shall be documented;

b) determine the sea area usage fees and other obligations that must be fulfilled by the applicant;

c) The Ministry of Natural Resources and Environment shall preside over sending a written request for opinions to the Ministry of National Defense, Ministry of Public Security, Ministry of Foreign Affairs and People's Committee of the province where the sea area is available and relevant authorities in the case mentioned in Clause 1 Article 8 hereof; and to the Ministry of National Defense, Ministry of Public Security and People's Committee of the province where the sea area is available in the case mentioned in Clause 2 Article 8 hereof. The provincial People’s Committee shall send a written request for opinions to the Ministry of National Defense, Ministry of Public Security, Ministry of Foreign Affairs, Ministry of Natural Resources and Environment, provincial army and police authorities, and relevant organizations in the case mentioned in Clause 3 Article 8 hereof. Within 15 working days from the receipt of the written request for opinions, the authority whose opinions are sought shall give a written response. The period of opinion collection shall not be included in the appraisal time;

d) Where necessary, the appraising authority shall request a competent authority to decide to establish an Appraisal Council; carry out a site inspection. The site inspection shall be conducted within 10 working days. The period of such site inspection shall not be included in the appraisal time.

3. Submission and processing of the application:

a) Within 03 working days from the end of the appraisal, the appraising authority shall submit the application to the assigning authority;

b) Within 05 working days from the date on which the appraising authority submits the application, the assigning authority shall consider issuing a decision on sea area assignment. In case of rejection of the application, a written explanation shall be provided.

4. Notification and return of application processing result:

Within 02 working days from the receipt the result, the receiving authority shall:

a) notify the applicant so that such applicant can receive result and fulfill related obligations as prescribed;

b) send the decision on sea area assignment to the Department of Taxation of the province where the sea area is available to issue a notice of payment of sea area usage fees.

Article 17. Applications for sea area recognition

An application for sea area recognition consists of:

1. An application form for sea area recognition, which is made using the Form No. 01 enclosed herewith.

2. An original of the agreement on lease or decision on allocation or lease of coastal land with water surface or seawater surface or certificate of right to use coastal land with water surface or seawater surface (if any); written permission for exploitation and use of marine resources (if any) granted by the competent authority.

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

4. A diagram of the sea area showing the coordinates of the corner points of the sea area, which is made using the Form No. 05 enclosed herewith.

Article 18. Procedures for processing the application for sea area recognition

1. Receipt of the application:

a) The applicant shall submit 01 application as prescribed in Article 17 hereof to the receiving authority prescribed in Article 25 hereof, the receiving authority shall prepare an appointment note according to the Form No. 10 enclosed herewith;

b) Within 03 working days from the receipt of the application, the receiving authority shall inspect it. If the application is not satisfactory, the receiving shall instruct the applicant in writing to complete it;

c) After receiving a satisfactory application, the receiving authority shall transfer it to the appraising authority.

2. Appraisal of the application:

Within 10 working days from the receipt of the sufficient application, the appraising authority shall:

a) complete the appraisal according to Clause 2 Article 27 of this Decree. The appraisal result shall be documented;

b) determine the sea area usage fees and other obligations that must be fulfilled by the applicant;

c) Where necessary, the appraising authority shall request a competent authority to decide to establish an Appraisal Council; send a written request for opinions to relevant authorities; carry out a site inspection (the site inspection shall be conducted within 10 working days). Within 15 working days from the receipt of the written request for opinions, the authority whose opinions are sought shall give a written response. The period of opinion collection and site inspection shall not be included in the appraisal time.

3. Submission and processing of the application:

a) Within 03 working days from the end of the appraisal, the appraising authority shall submit the application to the authority that has the power to recognize the sea area;

b) Within 05 working days from the date on which the appraising authority submits the application, the authority that has the power to recognize the sea area shall consider issuing a decision on sea area assignment. In case of rejection of the application, a written explanation shall be provided.

4. Notification and return of application processing result:

Within 02 working days from the receipt the result, the receiving authority shall:

a) notify the applicant so that such applicant can receive result and fulfill related obligations as prescribed;

b) send the decision on sea area assignment to the Department of Taxation of the province where the sea area is available to issue a notice of payment of sea area usage fees (in the case where the payment of sea area usage fees is required).

Article 19. Applications for extension of assignment duration

An application for extension of assignment duration consists of:

1. An application form for extension of assignment duration, which is made using the Form No. 02 enclosed herewith.

2. An original of the issued decision on sea area assignment.

3. A copy of the extended or unexpired written permission for extraction and use of marine resources granted by the competent authority.

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

Article 20. Procedures for processing the application for extension of assignment duration

1. Receipt of the application:

a) The applicant shall submit 01 application as prescribed in Article 19 hereof to the receiving authority prescribed in Article 25 hereof, the receiving authority shall prepare an appointment note according to the Form No. 10 enclosed herewith;

b) Within 03 working days from the receipt of the application, the receiving authority shall inspect it. If the application is not satisfactory, the receiving shall instruct the applicant in writing to complete it;

c) After receiving a satisfactory application, the receiving authority shall transfer it to the appraising authority.

2. Appraisal of the application:

Within 30 working days from the receipt of the sufficient application, the appraising authority shall:

a) complete the appraisal according to Clause 2 Article 27 of this Decree. The appraisal result shall be documented;

b) determine the sea area usage fees and other obligations that must be fulfilled by the applicant;

c) Where necessary, the appraising authority shall request a competent authority to decide to establish an Appraisal Council; send a written request for opinions to relevant authorities; carry out a site inspection (the site inspection shall be conducted within 10 working days). Within 15 working days from the receipt of the written request for opinions, the authority whose opinions are sought shall give a written response. The period of opinion collection and site inspection shall not be included in the appraisal time.

3. Submission and processing of the application:

a) Within 03 working days from the end of the appraisal, the appraising authority shall submit the application to the authority that has the power to extend assignment duration;

b) Within 05 working days from the date on which the appraising authority submits the application, the authority that has the power to extend assignment duration shall consider issuing a decision on sea area assignment. In case of rejection of the application, a written explanation shall be provided.

4. Notification and return of application processing result:

Within 02 working days from the receipt the result, the receiving authority shall:

a) notify the applicant so that such applicant can receive result and fulfill related obligations as prescribed;

b) send the decision on sea area assignment to the Department of Taxation of the province where the sea area is available to issue a notice of payment of sea area usage fees.

Article 21. Applications for sea area return

An application for sea area return consists of:

1. An application form for sea area return, which is made using the Form No. 03 enclosed herewith.

2. An original of the issued decision on sea area assignment.

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

4. A diagram of the remaining part of the sea area after the partial return of the sea area (in the case of partial return of the sea area).

Article 22. Procedures for processing the application for sea area return

1. Receipt of the application:

a) The applicant shall submit 01 application as prescribed in Article 21 hereof to the receiving authority prescribed in Article 25 hereof, the receiving authority shall prepare an appointment note according to the Form No. 10 enclosed herewith;

b) Within 03 working days from the receipt of the application, the receiving authority shall inspect it. If the application is not satisfactory, the receiving shall instruct the applicant in writing to complete it;

c) After receiving a satisfactory application, the receiving authority shall transfer it to the appraising authority.

2. Appraisal of the application:

Within 20 working days in the case of request for partial return of the sea area or within 15 working days in the case of request for total return of the sea area from the receipt of the sufficient application, the appraising authority shall:

a) complete the appraisal according to Clause 3 Article 27 of this Decree. The appraisal result shall be documented;

b) determine the fees for use of the returned sea area (if any); financial obligations and other obligations that must be fulfilled by the applicant;

c) Where necessary, the appraising authority shall request a competent authority to decide to establish an Appraisal Council; send a written request for opinions to relevant authorities; carry out a site inspection (the site inspection shall be conducted within 10 working days). Within 15 working days from the receipt of the written request for opinions, the authority whose opinions are sought shall give a written response. The period of opinion collection and site inspection shall not be included in the appraisal time.

3. Submission and processing of the application:

a) Within 03 working days from the end of the appraisal, the appraising authority shall submit the application to the authority that has the power to permit the return of the sea area;

b) Within 05 working days from the date on which the appraising authority submits the application, the authority that has the power to permit the return of the sea area shall consider issuing a decision on permission for sea area return. In case of rejection of the application, a written explanation shall be provided.

4. Notification and return of application processing result:

Within 02 working days from the receipt the result, the receiving authority shall:

a) notify the applicant so that such applicant can receive result and fulfill related obligations as prescribed;

b) send the decision on permission for sea area return to the Department of Taxation of the province where the returned sea area is available and issue a notice of payment of fees for use of the returned sea area (if any) and financial obligations that must be fulfilled by the applicant.

Article 23. Applications for amendment to the decision on sea area assignment

An application for sea area return consists of:

1. An application form for amendment to the decision on sea area assignment, which is made using the Form No. 04 enclosed herewith.

2. An original of the issued decision on sea area assignment.

3. A copy of the document issued by the competent authority that states the contents specified in Clause 1 Article 13 of this Decree.

Article 24. Procedures for processing the application for amendment to the decision on sea area assignment

1. Receipt of the application:

a) The applicant shall submit 01 application as prescribed in Article 23 hereof to the receiving authority prescribed in Article 25 hereof; the receiving authority shall prepare an appointment note according to the Form No. 10 enclosed herewith;

b) Within 03 working days from the receipt of the application, the receiving authority shall inspect it. If the application is not satisfactory, the receiving shall instruct the applicant in writing to complete it;

c) After receiving a satisfactory application, the receiving authority shall transfer it to the appraising authority.

2. Appraisal of the application:

Within 30 working days from the receipt of the sufficient application, the appraising authority shall:

a) complete the appraisal according to Clause 2 Article 27 of this Decree. The appraisal result shall be documented;

b) determine the obligations that must be fulfilled by the applicant;

c) Where necessary, the appraising authority shall request a competent authority to decide to establish an Appraisal Council; send a written request for opinions to relevant authorities; carry out a site inspection (the site inspection shall be conducted within 10 working days). Within 15 working days from the receipt of the written request for opinions, the authority whose opinions are sought shall give a written response. The period of opinion collection and site inspection shall not be included in the appraisal time.

3. Submission and processing of the application:

a) Within 03 working days from the end of the appraisal, the appraising authority shall submit the application to the assigning authority;

b) Within 05 working days from the date on which the appraising authority submits the application, the assigning authority shall consider issuing a decision on sea area assignment. In case of rejection of the application, a written explanation shall be provided.

4. Notification and return of application processing result:

Within 02 working days from the receipt the result, the receiving authority shall:

a) notify the applicant so that such applicant can receive result and fulfill related obligations as prescribed;

b) send the decision on sea area assignment to the Department of Taxation of the province where the sea area is available to update information.

Article 25. Authorities receiving and appraising applications

1. Receiving authorities include:

a) Reception unit of the Ministry of Natural Resources and Environment, which receives applications for assignment, recognition and return of sea areas; extension of assignment duration and amendment of decisions on assignment in the case of sea areas which are assigned by the Prime Minister and Ministry of Natural Resources and Environment.

b) Provincial public administrative service centers, which receive applications for sea area assignment, recognition and return; extension of assignment duration and amendment of decisions on sea area assignment in the case of sea areas which are assigned by provincial People’s Committees. If a provincial public administrative service center is not available, the provincial Department of Natural Resources and Environment is the receiving authority;

c) Reception units of district-level People’s Committees, which receive applications for sea area assignment, recognition and return; extension of assignment duration and amendment of decisions on sea area assignment in the case of sea areas which are assigned by district-level People’s Committees. If a reception unit is not available, the district-level Department of Natural Resources and Environment is the receiving authority.

2. Appraising authorities include:

a) The General Department of Vietnam’s Sea and Islands, which receives applications for sea area assignment, recognition and return; extension of assignment duration and amendment of decisions on sea area assignment and decisions on sea area expropriation in the case of sea areas which are assigned by the Prime Minister and Ministry of Natural Resources and Environment;

b) Provincial Departments of Natural Resources and Environment, which receive applications for sea area assignment, recognition and return of sea areas; extension of assignment duration and amendment of decisions on sea area assignment and decisions on sea area expropriation in the case of sea areas which are assigned by provincial People’s Committees;

c) District-level Departments of Natural Resources and Environment, which receive applications for sea area assignment, recognition and return; extension of assignment duration and amendment of decisions on sea area assignment and decisions on sea area expropriation in the case of sea areas which are assigned by district-level People’s Committees.

Article 26. Methods for receipt of applications and return of results

1. Organizations and individuals shall submit applications directly, through online public services or by post to the receiving authority; if an application is submitted by post, the application receipt date is the date on which it is transferred by the postal authority.

2. If an application is submitted through online public services:

a) Documents in the application for sea area assignment, recognition or return; extension of assignment duration or amendment to the decision on sea area assignment with respect to each administrative procedure submitted in an electronic form are electronic documents submitted or added by the applicant to a competent authority in accordance with regulations or enclosed electronic documents converted from physical ones and submitted to a receiving authority;

b) Electronic documents must bear digital signatures issued by a certification authority in accordance with regulations of law on digital signatures;

c) Electronic documents are equivalent to physical documents;

d) Electronic documents must be prepared in accordance with special legislation;

dd) Electronic documents must ensure the integrity of information from the time the information is created and must be fully accessible;

e) The submission, receipt, archiving and validity of electronic documents shall comply with regulations of law on online implementation of administrative procedures and relevant regulations of law;

g) The creation and conversion of electronic documents serving administrative procedures from physical documents and vice versa shall comply with regulations of law on e-transactions and special legislation.

3. The results of implementation of administrative procedures are physical or electronic documents or both physical and electronic documents.

4. Results shall be returned directly at the receiving authority or sent to the applicant by post or electronically. The return of results in the form of electronic documents is only carried out if it is practical the authority in charge and organizations and individuals using online public services.

Article 27. Contents of appraisal of applications for sea area assignment, recognition and return of sea areas; extension of assignment duration and amendment of decisions on sea area assignment

1. Contents of appraisal of an application for sea area assignment:

a) The adequacy regarding format and contents of the application;

b) The conformity of the sea area to be assigned with the planning specified in Clause 3 Article 5 hereof; if the planning is not available, ensure its conformity with the regulations set forth in Points a, b and c Clause 4 Article 5 hereof;

c) The conformity of the exploitation and use of marine resources expected to be carried out with the tasks in national defense and security assurance; protection of sovereignty, sovereign rights, jurisdiction and national maritime interests; protection of the people’s right of access to sea in the sea area to be assigned;

d) Conflicts between the exploitation and use of marine resources expected to be carried out with the exploitation and use of marine resources permitted to be carried out in the sea area to be assigned (if any);

dd) The conformity of environmental protection solutions upon exploitation and use of marine resources in the sea area to be assigned.

2. Contents of appraisal of an application for sea area recognition, extension of assignment duration or amendment of the decision on sea area assignment:

a) Adequacy regarding format and contents of the application;

b) The conformity of the sea area to be assigned with the planning specified in Clause 3 Article 5 hereof; if the planning is not available, ensure its conformity with the regulations set forth in Points a, b and c Clause 4 Article 5 hereof;

c) Fulfillment of financial obligations and other obligations under law by the applicant during the use of the sea area;

d) The conformity of the exploitation and use of marine resources expected to be carried out with the tasks in national defense and security assurance; protection of sovereignty, sovereign rights, jurisdiction and national maritime interests; protection of the people’s right of access to sea in the case of extension of assignment duration.

3. Contents of appraisal of an application for sea area return:

a) Adequacy regarding format and contents of the application;

b) The implementation of regulations of law on exploitation and use of natural resources and environmental protection by the applicant in the sea area to be returned;

c) Fulfillment of financial obligations and other obligations under law by the applicant upon the sea area return.

Chapter III

SEA AREA EXPROPRIATION AND INVALIDATION OF DECISIONS ON SEA AREA ASSIGNMENT

Article 28. Expropriation of sea areas

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

a) The organization or individual assigned the sea area misuses the sea area affecting national defense, security, sovereignty, sovereign rights, jurisdiction and national maritime interests or destroys or seriously pollutes marine environment and ecosystems;

b) The organization or individual fails to use the sea area for its intended uses specified in the decision on sea area assignment;

c) The written permission for exploitation and use of marine resources which is granted by the competent authority to the organization or individual is revoked;

d) Within 24 consecutive months from the effective date of the decision on sea area assignment, the organization or individual fails to use the sea area in part or in whole to exploit and use marine resources, except for force majeure or plausible reasons approved by a competent authority in writing as prescribed by law;

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

e) The assigned sea area is used to serve national defense/security purpose or national/public interests as prescribed by law.

2. The expropriation of the sea area in the cases in Points a, b, c, d and dd Clause 1 of this Article shall be carried out in the following sequence:

a) Within 30 working days from the date on which the competent authority’s conclusion that the organization or individual violates one of the regulations specified in Points a, b, c, d and dd Clause 1 of this Article, the appraising authority specified in Clause 2 Article 25 hereof shall carry out site inspection and verification, seek opinions of relevant authorities if necessary, complete and submit the application to the authority that has the power to expropriate sea areas for decision;

b) Within 10 working days from the date on which the appraising authority submits the application, the authority that has the power to expropriate sea areas shall consider issuing a decision on expropriation;

c) Within 03 working days from the date on which the decision is made by the authority that has the power to expropriate sea areas, the receiving authority specified in Clause 1 Article 25 hereof shall send the decision on sea area expropriation to the organization or individual and relevant authorities.

3. The expropriation of the sea area in the case in Point e Clause 1 of this Article shall be carried out in the following sequence:

a) Within 20 working days from the date on which the competent authority decides to use the assigned sea area to serve national defense/security purpose or national/public interests, the appraising authority specified in Clause 2 Article 25 hereof shall submit an application to the authority that has the power to expropriate sea areas for decision;

b) Within 10 working days from the date on which the appraising authority submits the application, the authority that has the power to expropriate sea areas shall consider issuing a decision on expropriation;

c) Within 03 working days from the date on which the decision is made by the authority that has the power to expropriate sea areas, the receiving authority specified in Clause 1 Article 25 hereof shall send the decision on sea area expropriation to the organization or individual and relevant authorities.

4. The authority that has the power to expropriate sea areas shall issue the decision on sea area expropriation according to the Form No. 08 enclosed herewith.

5. If the sea area is expropriated as prescribed in Point e Clause 1 of this Article, the organization or individual that has the sea area expropriated is entitled to compensation as prescribed by 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 expropriated;

b) The decision on sea area assignment is expired but is not extended;

c) The sea area is eligible to be returned in whole;

d) The organization assigned the sea area is dissolved or goes bankrupt as prescribed by law;

dd) The individual or owner of the sole proprietorship or owner of the single-member limited liability company is dead without leaving an heir.

2. As the decision on sea area assignment is invalidated as prescribed in Points b and c Clause 1 of this Article, the organization or individual assigned the sea area shall handle the works and equipment used for exploitation and use of marine resources; remediate and improve the environment in the sea area as prescribed by law and submit a report thereon to the assigning authority.

Chapter IV

METHODS FOR CALCULATION AND COLLECTION OF SEA AREA USAGE FEES AND REGULATIONS ON MANAGEMENT AND USE THEREOF

Article 30. Sea area usage fees

1. Organizations and individuals assigned sea areas for exploitation and use of marine resources are obliged to pay sea area usage fees as prescribed by law, except for the cases specified in Article 31 hereof.

2. Sea area usage fees shall be determined on the basis of uses of the sea area, size of the sea area permitted for use, duration assignment and specific rates of sea area usage fees. The fees for use of sea areas for sea dumping shall be determined based on the weight of physical objects or matters, expressed in m³ (cubic meters).

3. Sea area usage fees shall be recorded as state budget revenues, managed and used in accordance with the law on state budget. Sea area usage fees shall be paid to the central government budget in the case of sea areas assigned by the Prime Minister and Ministry of Natural Resources and Environment and to the local government budget in the case of sea areas assigned by provincial People’s Committees.

Article 31. Activities exempt from sea area usage fees

1. Using sea areas as areas of water facing against wharves, turning basins, anchorage areas, transshipment areas, storm shelters, pilot boarding areas, quarantine areas, navigational channels and other auxiliary works to serve public interests and other state-funded maritime infrastructure to serve public interests.

2. Using sea areas as prescribed in Clause 2 Article 44 of the Law on Fisheries.

3. Using fixed sea areas for performance of science and technology tasks approved by competent authorities.

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

5. Using sea areas for petroleum exploration; for petroleum extraction and transport of petroleum resources extracted within Vietnam’s territorial waters to shore by pipeline under petroleum product sharing contracts and Prime Minister’s decisions (including the use of sea areas for directly serving petroleum extraction and transport, for installing platforms, building oil ports, building petroleum pipelines, flowlines and other auxiliary works).

6. Using sea areas for dumping of materials dredged from waters facing against wharves, turning basins, anchorage areas, transshipment areas, storm shelters, pilot boarding areas, quarantine areas, navigational channels and other auxiliary works to serve public interests and other state-funded maritime infrastructure to serve public interests.

7. Using areas for construction, installation and operation of works that serve national and public interests.

8. The Prime Minister shall decide on sea usage fee exemption granted to other cases requested by the Minister of Natural Resources and Environment.

Article 32. Activities on which sea area usage fees are charged

1. Except for the activities mentioned Article 31 hereof, sea area usage fees are charged on other activities. Those activities are classified into 6 groups based on intended uses of sea areas specified in Clause 1 Article 34 hereof.

2. If multiple organizations and individuals are assigned sea areas within a territorial waters, each organization and individual shall pay fees for use of each corresponding sea area assigned.

3. If an organization or individual is assigned sea areas used for different uses within a territorial waters, such organization or individual shall pay fees for each use of each sea area assigned within such territorial waters.

Article 33. Size on which sea area usage fees are charged

1. The size on which sea area usage fees are charged (except for the case of sea dumping) is the one specified in the decision on sea area assignment issued by the assigning authority and is expressed in hectares (ha).

2. If an investment project covers part of the sea area, land, coastal land with surface water or coastal alluvial land, the financial obligations discharged to the State shall be determined for each corresponding part as prescribed by law.

Article 34. Range and specific rates of sea area usage fees

1. Activities on which sea area usage fees are charged shall be classified into 6 groups based on intended uses of sea areas with the range as follows:

a) Fees for use of sea areas for sea dumping (group 1) range from VND 15,000/m³ to VND 20,000/m³;

b) Fees for use of sea areas as seaports, floating platforms, offshore oil ports and other ports and berths; as areas of water facing against wharves, turning basins, anchorage areas, transshipment areas, storm shelters, specialized navigational channels and other auxiliary works; as areas of water serving operations of ship building and repair facilities and construction of passenger ports; as areas of water serving operations of restaurants and recreation and sports areas; as anchorage areas for tourist boats; for petroleum extraction; mineral mining; for salvage of artifacts and archaeology (group 2) range from VND 6,500,000/ha/year to VND 7,500,000/ha/year;

c) Fees for use of sea areas for construction of suspension cable systems, floating, submarine and land reclamation facilities, artificial islands, civil construction and other works range from VND 6,000,000/ha/year to VND 7,500,000/ha/year;

d) Fees for use of sea areas for building underwater pipelines, installing telecommunications and electromagnetic cables range (group 4) range from VND 5,000,000/ha/year to VND 7,500,000/ha/year;

dd) Fees for use of sea areas used for aquaculture and construction of fishing ports (group 5) range from VND 4,000,000/ha/year to VND 7,500,000 ha/year;

e) Fees for use of sea areas for exploitation of energy of such types as oceanic wind, waves, tides, currents and other activities (group 6) range from VND 3,000,000/ha/year to VND 7,500,000/ha/year.

2. Specific rates of sea area usage fees shall be determined as follows:

a) According to the ranges specified in Clause 1 of this Article and specific socio-economic conditions, the Ministry of Natural Resources and Environment shall, every 05 years, decide specific rates of sea area usage fees charged on each group of activities in sea areas under its and the Prime Minister’s assignment authority;

b) According to the ranges specified in Clause 1 of this Article and specific socio-economic conditions, provincial People’s Committees shall, every 05 years, decide specific rates of sea area usage fees charged on each group of activities in sea areas within their provinces within under their assignment authority;

c) The Ministry of Natural Resources and Environment and provincial People’s Committees shall decide specific rates of sea area usage fees as prescribed in Points a and b of this Clause within 90 days from the effective date of this Decree.

3. If a sea area has multiple uses but the specific size reserved for each of which cannot be determined, the highest rate shall apply.

4. Regarding activities on which specific rates of sea area usage fees have yet to be charged as prescribed in Clause 2 of this Article, the Ministry of Natural Resources and Environment and provincial People’s Committees shall make a decision on each specific case provided that the rate must not be less than VND 3,000,000/ha/year and more than VND 7,500,000/ha/year.

5. The Ministry of Natural Resources and Environment shall preside over and cooperate with the Ministry of Finance in requesting the Government to adjust ranges of sea area usage fees from time to time in conformity with socio-economic conditions.

Article 35. Methods for collecting and determining sea area usage fees

1. Sea area usage fees shall be charged from the effective date of the decision on sea area assignment issued by the competent authority.

2. The method for payment of sea area usage fees is proposed by the applicant upon submitting the application for sea area assignment. The payment methods and amount of sea area usage fees payable corresponding to each method written on the decision on sea area assignment shall be decided by the assigning authority and specified in the decision on sea area assignment. Except for the case of use of sea areas for sea dumping, one of the following payment methods shall be adopted:

a) Payment of sea area usage fees on an annual basis;

b) Payment of sea area usage fees in a lump sum for 05 years;

c) Payment of sea area usage fees in a lump sum for the entire assignment duration regarding aquaculture.

3. If the payment of sea area usage fees is made annually, follow the instructions below:

a) The amount of sea area usage fees payable annually equals the size of the assigned sea area multiplied by (x) specific rate specified in Article 34 hereof at the time of fee calculation multiplied by (x) 01 years;

b) Deadline for making the first fee payment: within 90 days from the date on which the tax authority signs the payment notice, the organization or individual shall fully pay the fees payable in the year. From the second year onwards, the organization or individual may choose between paying annually or biannually. If the organization or individual chooses the former, fees shall be paid by the 31st of May of the year.

c) If the organization or individual opts to pay biannually, fees shall be paid for each period as follows:

The first period: pay the first 50% by May 31 of the year;

The second period: fully pay the rest by October 31 of the year.

4. If sea area usage fees are paid in a lump sum for 05 years, follow the instructions below:

a) The amount of sea area usage fees payable annually equals the size of the assigned sea area multiplied by (x) specific rate specified in Article 34 hereof at the time of calculation multiplied by (x) 05 years;

b) The specific rate of sea area usage fees in this case shall remain unchanged for 05 years. When the 05-year period expires, the assigning authority shall determine the amount of the fees payable for the next 05-year period based on the specific rate at the time of fee calculation;

c) The payment of sea area usage fees in a lump sum for 05 years shall be made once. Within 30 days from the date on which the tax authority signs the payment notice, the organization or individual shall fully pay the fees.

5. If the organization or individual assigned a sea area for aquaculture opts to pay sea area usage fees in a lump sum for the entire assignment duration, follow the instructions below:

a) The amount of sea area usage fees payable annually equals the size of the assigned sea area multiplied by (x) specific rate specified in Article 34 hereof at the time of fee calculation multiplied by (x) the assignment duration;

b) The specific rate of sea area usage fees in this case shall remain unchanged for the entire assignment duration. Within 30 days from the date on which the tax authority signs the payment notice, the organization or individual shall fully pay the fees.

6. If the sea area is used for dumping, the organization or individual shall pay sea area usage fees in a lump sum. To be specific:

a) The amount of fees payable equals the weight of dumped physical objects/matters (expressed in m³) multiplied by (x) the specific rate specified in Article 34 hereof at the time of fee calculation;

b) Within 30 days from the date on which the tax authority signs the payment notice, the organization or individual shall fully pay the fees.

Article 36. Procedures for collection and payment of sea area usage fees

1. Within 05 working days from the receipt of decision on sea area assignment issued by the competent authority, based on the amount of sea area usage fees specified in the decision on sea area assignment, the Department of Taxation of the province where the sea area is available shall issue a payment notice according to the Form No. 11 enclosed herewith to the organization or individual assigned the sea area.

The tax authority shall send a payment notice to the organization or individual 30 working days before the next payment period. The fees for use of sea areas for dumping shall be paid as prescribed in Clause 6 Article 35 hereof.

2. The organization or individual assigned the sea area shall fully pay sea area usage fees to the state budget by the deadline specified in the notice given by the tax authority.

3. If the organization or individual assigned the sea area fails to fully pay fees to the state budget by the deadline written on the notice issued by the tax authority as prescribed in Clause 2 of this Article, such organization or individual is required to pay late payment interest in accordance with regulations of Law on Tax Administration. If the organization or individual violates the law, thereby having its/his/her license revoked as prescribed in Point c Clause 1 Article 28 of this Decree, the authority revoking the license shall notify the assigning authority for decision on expropriation of the assigned sea area.

4. Every organization and individual assigned sea areas shall pay sea area usage fees directly to the state budget at the State Treasury or an authorized organization as prescribed by the Law on Tax Administration. Contents related to documents and procedures for collection and payment shall comply with regulations on management of state budget revenues in accordance with the Law on Tax Administration.

Article 37. Expenditures on performance of the sea area assignment task

Expenditures on performance of the sea area assignment task shall be covered by the state budget and included in the annual state budget expenditure estimate assigned to authorities in charge of performing the sea area assignment task. Such expenditures include:

1. Expenditures on site survey and inspection; measurement and determination of locations, coordinates, size and depth of assigned sea areas; creation of sea area diagrams to be enclosed with decisions on sea area assignment; production of statistics on and inventorying of sea areas used nationwide for reporting to the Prime Minister.

2. Expenditures on organization of conferences, seminars, technical meetings and meetings of councils for appraisal of applications for sea area assignment (if any).

3. Expenditures on appraisal and processing of applications for sea area assignment, sea area recognition, extension of extension of assignment duration, amendment of decisions on sea area assignment; return and expropriation of sea areas.

4. Expenditures on inspection and supervision of uses of sea areas assigned to organizations and individuals.

5. Expenditures on investigation and survey for setting ranges and specific rates of sea area usage fees.

6. Expenditures on operation of technical system serving assignment of sea areas; procurement and repair of equipment, vehicles, office supplies and communication equipment serving the assignment and management of sea areas.

7. Other expenditures in direct connection with assignment of sea areas.

Article 38. Handling of sea area usage fees upon extension of assignment duration, return and expropriation of sea areas

1. If an organization or individual applies for extension of assignment duration, the sea area usage fees for the assignment duration to be extended shall be determined as prescribed in this Decree. The sea area usage fees for the assignment duration shall be determined based on the specific rates at the time the assigning authority makes a decision on extension.

2. If an organization or individual has paid sea area usage fees in a lump sum for 05 years or in a lump sum for the entire assignment duration but has been permitted by the competent authority mentioned in Article 8 hereof to return the sea area ahead of schedule or return the sea area in part or applies for amendment to the decision on sea area assignment resulting in change of the sea area usage fees payable, the paid sea area usage fees shall be refunded under the competent authority’s decision. The overpaid amount shall be deducted from the sea area user’s other financial obligations discharged to the State. If not fully deducted, the remaining overpaid amount shall be refunded.

3. If the organization or individual issued with the sea dumping permit and decision on sea area assignment has paid the sea area usage fees and conducted sea dumping, the paid sea area usage fees shall not be refunded.

4. If the organization or individual has paid the sea area usage fees but the sea area has been expropriated, the amount paid for the unspent duration is as follows:

a) The paid amount shall not be refunded in the case where the sea area is expropriated as prescribed in Points a, b, c, d and dd Clause 1 Article 28 hereof;

b) The paid amount shall be refunded in the case where the sea area is expropriated as prescribed in Point e Clause 1 Article 28 hereof. The refundable amount equals the sea area usage fees determined based on the uses prior to expropriation corresponding to the unspent duration at the time of expropriation multiplied by (x) the size expropriated. In the case of using the sea area for sea dumping, since the organization or individual does not conduct sea dumping, the refundable amount applies the specific rate of fees written on the decision on assignment of the sea area for sea dumping which is imposed by the competent authority at the time of refund.

5. Procedures for refund of sea area usage fees by the State:

a) In the cases specified in Clause 2 and Point b Clause 4 of this Article, within 05 working days from on which decision on permission for sea area return, decision on partial return of sea area or decision on sea area expropriation issued by the competent authority is received or the decision on sea area assignment is amended resulting in reduction of the sea area usage fees payable, the Department of Taxation of the province where the sea area is available shall issue a refund notice in accordance with the Law on Tax Administration to the organization or individual refunded the sea area usage fees.

b) The organization or individual shall send such refund notice to the State Treasury;

c) The State Treasury or the organization authorized by the tax authority shall refund the organization or individual according to the refund notice issued by the Department of Taxation of the province where the sea area is available.

Chapter V

RESPONSIBILITIES OF REGULATORY BODIES

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

1. Assist the Government in performing integrated and uniform management of sea areas for exploitation and use of marine resources nationwide.

2. Assign, recognize, permit return of and expropriate sea areas, extend assignment duration and amend decisions on sea area assignment as prescribed in this Decree; closely cooperate with authorities that have the power to permit exploitation and use of marine resources and other authorities concerned during the implementation.

3. Build and uniformly manage the technical system serving sea area assignment; produce statistics on, inventory, build and manage information about and database of sea and islands nationwide.

4. Every 10 years, review, correct, supplement and update mean lowest waterfront in multiple years of the mainland and islands as prescribed in Clause 3 Article 3 hereof; outer boundaries of 03-nautical mile and 06-natical mile waters or make a correction upon change in natural conditions and topography.

5. Inspect the implementation of regulations of law on assignment and use of sea areas nationwide; resolve disputes over the use of sea areas under its assignment authority as prescribed by law.

6. Organize dissemination of knowledge and laws to organizations and individuals involved in assignment and use of sea areas.

7. Assess the assignment and use of sea areas nationwide and submit a consolidated report to the Prime Minister as prescribed before January 31.

Article 40. Responsibilities of People’s Committees of coastal provinces

1. Assign, recognize, permit return of and expropriate sea areas, extend assignment duration and amend decisions on sea area assignment as prescribed in this Decree; closely cooperate with authorities that have the power to permit exploitation and use of marine resources and other authorities concerned during the implementation.

2. Manage the use of sea areas for exploitation and use of marine resources; provide information, manage and use the technical system serving sea area assignment; produce statistics, inventory, build and manage information and data on assignment and use of sea areas within their provinces.

3. Inspect the implementation of regulations of law on assignment and use of sea areas within their provinces; resolve disputes over the use of sea areas under their assignment authority as prescribed by law.

4. Organize dissemination of knowledge and laws to organizations and individuals involved in assignment and use of sea areas.

5. Assess the assignment and use of sea areas within their provinces and submit consolidated reports to the Ministry of Natural Resources and Environment as prescribed before January 15.

Article 41. Responsibilities of People’s Committees of coastal districts

1. Assign, recognize and permit return of sea areas, expropriate sea areas, extend assignment duration and amend decisions on assignment of sea areas for aquaculture under their assignment authority as prescribed in Clause 4 Article 8 hereof.

2. Manage uses of sea areas for aquaculture under their assignment authority; provide information and data on assignment and use of sea areas within their districts.

3. Direct district-level Departments of Natural Resources and Environment or assign licensed authorities and units to make sea area diagrams according to the Form No. 09 enclosed herewith upon deciding to assign sea areas to Vietnamese individuals for aquaculture as prescribed in Clause 4 Article 8 hereof.

4. Inspect the implementation of regulations of law on assignment and use of sea areas within their districts; resolve disputes over the use of sea areas under their assignment authority as prescribed by law.

5. Organize dissemination of knowledge and laws to organizations and individuals involved in assignment and use of sea areas.

6. Assess the assignment and use of sea areas within their districts and submit consolidated reports to provincial People’s Committees as prescribed before December 30.

Article 42. Responsibilities of other authorities concerned

1. Before granting written permission for exploitation and use of marine resources, competent authorities shall seek opinions and reach an agreement with assigning authorities specified in Article 8 hereof about locations, boundaries, coordinates and size of sea areas where marine resources are expected to be exploited and used and other related issues.

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

3. Relevant ministries shall cooperate in providing information and documents and responding to related issues at the request of assigning authorities.

4. Maritime law enforcement forces shall inspect, control and supervise the use of sea areas by organizations and individuals within Vietnam’s territorial waters; take actions against violations under their authority.

Chapter VI

IMPLEMENTATION CLAUSE

Article 43. Transitional clauses

1. Regarding the uses of sea areas including petroleum exploration and extraction; for transport of petroleum resources extracted within Vietnam’s territorial waters to shore by pipeline (including the use of sea areas for directly serving petroleum extraction and transport, for installing platforms, building oil ports, building petroleum pipelines, flowlines and other auxiliary works) which were permitted, approved or extended by the competent authority before the effective date of this Decree, organizations and individuals are entitled to use sea areas for such uses, shall exercise the rights and obligations until the expiry of the duration permitted, approved or extended by the competent authority in accordance with regulations of law on petroleum and other relevant regulations of law, and are not required to apply for sea area recognition or assignment and pay sea area usage fees as prescribed in this Decree.

2. If the applications were received by competent authorities to be processed according to administrative procedures concerning assignment of sea areas before the effective date of this Decree but the results of processing thereof are not available, the power and procedures specified in the Government’s Decree No. 51/2014/ND-CP or this Decree may apply.

3. If any organization or individual assigned a sea area by the competent authority as specified in the Government’s Decree No. 51/2014/ND-CP wishes to return the sea area; extend assignment duration or amend the decision on sea area assignment after the effective date of this Decree, the power and procedures for processing applications shall comply with this Decree.

4. If a bathymetric map with an appropriate scale is not available, the chart published by the Vietnam People's Navy with an appropriate scale based on the VN 2000 coordinate system may be used to assign sea areas.

Article 44. Effect

1. This Decree comes into force from March 30, 2021.

2. The Decree supersedes the Government’s Decree No. 51/2014/ND-CP dated May 21, 2014 on assignment of certain sea areas to organizations and individuals for exploitation and use of marine resources.

3. Clause 3 Article 7 of the Government’s Decree No. 46/2014/ND-CP dated May 15, 2014 on collection of land and water surface rents (amended by Clause 2 Article 3 of the Government’s Decree No. 123/2017/ND-CP dated November 14, 2017) is annulled.

Article 45. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Presidents of People’s Committees of coastal provinces and central-affiliated cities are responsible for the implementation of this Decree.

 

ON BEHALF OF THE GOVERNMENT THE PRIME MINISTER Nguyen Xuan Phuc

 

APPENDIX

FORMS SERVING ADMINISTRATIVE PROCEDURES CONCERNING SEA AREA ASSIGNMENT, RECOGNITION AND RETURN, EXTENSION OF SEA AREA ASSIGNMENT DURATION, AMENDMENT TO DECISIONS ON SEA AREA ASSIGNMENT, AND SEA AREA EXPROPRIATION
(Enclosed with the Government’s Decree No. 11/2021/NĐ-CP dated February 10, 2021)

Form No.	Name
Form No. 01	Application form for sea area assignment/recognition
Form No. 02	Application form for extension of sea area assignment duration
Form No. 03	Request form for partial or total return of sea area
Form No. 04	Application form for amendment to decision on sea area assignment
Form No. 05	Diagram of sea area to be assigned, recognized or returned in part
Form No. 06	Decision on sea area assignment
Form No. 07	Decision on permission for sea area return
Form No. 08	Decision on sea area expropriation
Form No. 09	Sea area diagram (enclosed with decision on assignment, recognition, partial return or expropriation of sea area or serving document preparation)
Form No. 10	Appointment note
Form No. 11	Notice of payment of sea area usage fees

 

Form No. 01

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

APPLICATION FORM FOR SEA AREA ASSIGNMENT/RECOGNITION

To: ...(The Prime Minister/The Ministry of Natural Resources and Environment/People’s Committee of ... province/ People’s Committee of ... district)

Name of the applicant ……………………………………………………………………………

Head office address/Address: …………………………………………………………………..

Phone number:……………………………………….. Fax: ……………………………………

Establishment decision No. .... dated (dd/mm/yyyy).... or Enterprise registration certificate, enterprise ID No. …. date of issue…. (dd/mm/yyyy).... revision (if any) made on…. (dd/mm/yyyy) or Business registration certificate No. .... dated (dd/mm/yyyy).... (if the applicant is an organization).

Date of birth ...., ID card or Citizen ID card or Personal identification No. ... issued on …. (dd/mm/yyyy) by.... (if the applicant is an individual).

Hereby would like to apply for assignment/recognition of a sea area in ... commune, ... district, …. province

Current uses of the sea area: (type of activity intended for exploitation and use of marine resources) ....

Size of the sea area used:...(ha), depth used:...m, from...m to....m; limited by corner points with the coordinates, height of works or equipment to be used above the sea level ... m shown on the sea area diagram.

Proposed assignment duration….. (months/years).

Method of sea area usage fee payment ….. (annually/every 05 years/in a lump sum) or requesting exemption from sea area usage fees (if falling into the cases mentioned in Article 31 of this Decree) ….

(Name of the applicant) ... undertakes to strictly comply with regulations of law on use of sea areas and other relevant regulations of law./.

 

…..(Place name), (dd/mm/yyyy) …. APPLICANT (Signature; seal or fingerprints)

 

Form No. 02

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

APPLICATION FORM FOR EXTENSION OF SEA AREA ASSIGNMENT DURATION

To: ...(The Prime Minister/The Ministry of Natural Resources and Environment/The People’s Committee of ... province/The People’s Committee of ... district)

Name of the applicant ……………………………………………………………………………………..

Head office address/Address: …………………………………………………………………………………………..

Phone number:……………………………………….. Fax: ………………………………………………….

Establishment decision No. .... dated (dd/mm/yyyy).... or Enterprise registration certificate, enterprise ID No. …. date of issue…. (dd/mm/yyyy).... revision (if any) made on…. (dd/mm/yyyy) or Business registration certificate No. .... dated (dd/mm/yyyy).... (if the applicant is an organization).

Date of birth ...., ID card or Citizen ID card or Personal identification No. ... issued on …. (dd/mm/yyyy) by.... (if the applicant is an individual).

Permitted to use the sea area in .... commune, .... district, …. province under the Decision on sea area assignment No. .... dated (dd/mm/yyyy).... of: the Prime Minister/the Ministry of Natural Resources and Environment/the People’s Committee of ... province/the People’s Committee of ... district

Hereby would like to apply for extension of sea area assignment with an additional duration of…. (months/years).

Current uses of the sea area: (type of activity intended for exploitation and use of marine resources) ....

Size of the sea area used:...(ha), depth used:...m, from...m to....m; limited by corner points with the coordinates, height of works or equipment to be used above the sea level ... m shown on the sea area diagram.

Reasons for extension ………………………………………………………………………………………

(Name of the applicant)………………….. undertakes to strictly comply with regulations of law on use of sea areas and other relevant regulations of law./.

 

…..(Place name), (dd/mm/yyyy) …. APPLICANT (Signature; seal or fingerprints)

 

Form No. 03

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

REQUEST FORM FOR SEA AREA RETURN

To: ...(The Prime Minister/The Ministry of Natural Resources and Environment/The People’s Committee of ... province/The People’s Committee of ... district)

Name of the applicant ……………………………………………………………………………

Head office address/Address: ………………………………………………………………………………………….

Phone number:……………………………………….. Fax: ……………………………………

Establishment decision No. .... dated (dd/mm/yyyy).... or Enterprise registration certificate, enterprise ID No. …. date of issue…. (dd/mm/yyyy).... revision (if any) made on…. (dd/mm/yyyy) or Business registration certificate No. .... dated (dd/mm/yyyy).... (if the applicant is an organization).

- Date of birth ...., ID card or Citizen ID card or Personal identification No. ... issued on …. (dd/mm/yyyy) by.... (if the applicant is an individual).

- Hereby would like to request the permission for return of the sea area under the Decision on sea area assignment No. .... dated (dd/mm/yyyy).... of: the Prime Minister/the Ministry of Natural Resources and Environment/the People’s Committee of ... province/the People’s Committee of ... district regarding the transfer of the right to use the sea area in .... commune, .... district, …. province.

- Or the permission for partial return of the sea area of... ha out of the total size of… ha under the Decision on sea area assignment No. .... dated (dd/mm/yyyy).... of: the Prime Minister/the Ministry of Natural Resources and Environment/the People’s Committee of ... province/the People’s Committee of ... district regarding the transfer of the right to use the sea area in .... commune, .... district, …. province

Reasons for return ………………………………………………………………………………………

(Name of the applicant) ... undertakes to strictly comply with regulations of law on use of sea areas and other relevant regulations of law./.

 

…..(Place name), (dd/mm/yyyy) …. APPLICANT (Signature; seal or fingerprints)

 

Form No. 04

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

APPLICATION FORM FOR AMENDMENT TO DECISION ON SEA AREA ASSIGNMENT

To: ...(The Prime Minister/The Ministry of Natural Resources and Environment/The People’s Committee of ... province/The People’s Committee of ... district)

Name of the applicant ……………………………………………………………………………

Head office address/Address: ………………………………………………………………………………………….

Phone number:……………………………………….. Fax: ……………………………………

Establishment decision No. .... dated (dd/mm/yyyy).... or Enterprise registration certificate, enterprise ID No. …. date of issue…. (dd/mm/yyyy).... revision (if any) made on…. (dd/mm/yyyy) or Business registration certificate No. .... dated (dd/mm/yyyy).... (if the applicant is an organization).

Date of birth ...., ID card or Citizen ID card or Personal identification No. ... issued on …. (dd/mm/yyyy) by.... (if the applicant is an individual).

Hereby would like to apply for amendment to the Decision on sea area assignment No. ….. dated (dd/mm/yyyy).... of: the Prime Minister/the Ministry of Natural Resources and Environment/the People’s Committee of ... province/the People’s Committee of ... district regarding the transfer of the right to use the sea area in .... commune, .... district, …. province.

Reasons for the amendment: ………………………………………

Amendments to be made: ……………………………………………………………………..

…………………………………………………………………………………………………….

(Name of the applicant) ... undertakes to strictly comply with regulations of law on use of sea areas and other relevant regulations of law./.

 

…..(Place name), (dd/mm/yyyy) …. APPLICANT (Signature; seal or fingerprints)