Chương V Nghị định 11/2021/NĐ-CP: Trách nhiệm của cơ quan quản lý nhà nước

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.