Chương I Nghị định 41/2016/NĐ-CP: Quy định chung

Chapter I

GENERAL

Article 1. Scope

This Decree defines the details for the issuance, amendment, re-issuance, extension, suspension and revocation of permits that enable foreign organizations and individuals to conduct science research in the marine waters of Vietnam.

Article 2. Regulated entities

This Decree applies to foreign organizations and individuals that carry out scientific studies in the marine waters of Vietnam and to governmental authorities and entities in relation to the authorization of foreign organizations and individuals to conduct science research in the marine waters of Vietnam.

Article 3. Constitution, content and duration of science research permits

1. Constitution of science research permits:

a) Foreign organizations and individuals must attain authorization by competent governmental authorities of Vietnam to carry out science research activities in the internal and territorial waters of Vietnam.

b) Foreign organizations and individuals must attain authorization by competent governmental authorities of Vietnam to carry out science research activities in the exclusive economic zones and continental shelves of Vietnam.

Authorization for foreign organizations and individuals (referred to as foreign entities) to carry out science research activities in the internal and territorial waters, the exclusive economic zones and continental shelves of Vietnam is rendered by a decision on authorization of science research activities via Form No. 05 attached to this Decree.

2. A decision on authorization of science research activities primarily consists of:

a) Full name, address and nationality of the foreign organization or individual permitted;

b) Full name and nationality of foreign scientists; full name of Vietnamese scientists participating in science research activities;

c) Objectives and details of science research activities;

d) Location and coordinates of marine areas where science research activities occur;

dd) Research methodology; research instruments and equipment; explosive materials and hazardous materials approved for use in research activities;

e) Research schedule;

g) Duration of the permit of science research.

3. The duration of a science research permit is subject to the objectives and details of science research activities as stated in the application for authorization of science research activities; however, the duration does not exceed 02 years and may be extended once for one more year.

If the extended permit expires though science research activities are incomplete and the foreign entity desires to continue the research, the foreign entity shall apply for a new permit as per this Decree.

Article 4. Denial of foreign organizations and individuals to carry out science research activities in the marine waters of Vietnam

1. Science research activities of a foreign organization or individual do not aim at peaceful purposes or intrude on the sovereignty, sovereign rights, jurisdiction, national defense and security, and national maritime interests of Vietnam. Such activities intrude on the order and safety at sea or involve operations prohibited by the laws of Vietnam.

2. Science research activities of a foreign organization and individual impinge on other ongoing authorized fundamental investigations, scientific studies and activities of surveying and extracting marine resources in the marine waters of Vietnam.

3. Science research activities of a foreign organization and individual use explosive materials, toxic chemicals and instruments and equipment potentially hazardous to human beings, natural resources and marine environment, except circumstances as defined in point c, section 2, Article 20, Law on natural resources and environment of sea and islands.

4. Science research activities of a foreign organization or individual involve the construction of an artificial island or building at sea.

5. The information in the application by the foreign organization or individual for authorization of science research activities is inaccurate, or the objectives and contents of the science research conflict with the obvious facts.

6. The foreign organization or individual previously permitted to conduct science research activities in the marine waters of Vietnam has fulfilled none or inadequate parts of the duties defined by the laws of Vietnam and the United Nations Convention on the Law of the Sea of 1982.

7. Science research activities of a foreign organization or individual involve drilling at or into the seabed, unless authorized by competent authorities.

8. Scientific cooperation with Vietnamese entities, when requested, is refused by the foreign organization or individual conducting science research activities in an internal or territorial water of Vietnam or drilling at or into the seabed.

Article 5. Participation of Vietnamese scientists in science research activities that foreign entities conduct in the marine waters of Vietnam

1. Vietnamese scientists assigned to science research activities of a foreign entity, as per point e, section 2, Article 20, Law on natural resources and environment of sea and islands, must possess professional qualifications or work in sectors pertinent to the research.

2. Upon requests by the Ministry of Natural resources and Environment, other ministries, ministerial-level and governmental agencies shall assign their Vietnamese scientists to science research activities of foreign entities in the marine waters of Vietnam.

3. The following responsibilities fall on Vietnamese scientists participating in science research activities of foreign entities in the marine waters of Vietnam:

a) Engage in science research activities and actively collect scientific data from science research activities that the foreign entity conducts in the marine waters of Vietnam;

b) Supervise activities and promptly report to competent governmental authorities about any non-compliance of foreign entities with the contents of the science research permit or with the laws of Vietnam and international agreements in which the Socialist Republic of Vietnam participates;

c) Report to the Ministry of Natural resources and Environment and the managing agency about the engagement in science research activities, progress and operations of the research, science research data collected in at most 30 days upon the end of the science research.

Article 6. Science research cooperation in the marine waters of Vietnam

1. Foreign entities can cooperate with Vietnamese organizations and individuals to carry out science research activities in the marine waters of Vietnam in conformity to the laws of Vietnam. Competent governmental authorities of Vietnam have the right to request and recommend foreign entities to engage in science research cooperation in the marine waters of Vietnam.

2. Cooperation in science research activities in internal or territorial waters of Vietnam or scientific studies involving drilling at or into the seabed:

a) Foreign entities, when requested by competent governmental authorities of Vietnam, must cooperate with Vietnamese entities upon the foreign entities’ application for their conducting science research activities done in an internal or territorial water of Vietnam or involving drilling at or into the seabed.

b) Cooperation between a foreign entity and a Vietnamese entity in science research activities done in an internal or territorial water of Vietnam or involving drilling at or into the seabed must be presented in writing.

Article 7. Reporting of science research activities

1. Vietnamese or English shall be the language of preliminary research reports and official science research reports and other documents, as defined in point h and point i, section 2, Article 20 of the Law on natural resources and environment of sea and islands.

2. Preliminary research reports shall conform to Form No. 09 attached to this Decree.