Chương II Nghị định 11/2021/NĐ-CP: Giao , công nhận , trả lại khu vực biển ; gia hạn, sửa đổi , bổ sung quyết định giao khu vực biển

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.