Chương II Nghị định 41/2016/NĐ-CP: Cấp, sửa đổi, bổ sung, gia hạn, cấp lại quyết định cấp phép nghiên cứu khoa học

Chapter II

ISSUANCE, AMENDMENT, EXTENSION AND RE-ISSUANCE OF SCIENCE RESEARCH PERMITS

Article 8. Application for issuance, amendment, extension and re-issuance of science research permits

1. An application for science research permit includes:

a) A filled-in form of application for authorization of science research activities, as per Form No. 01 attached to this Decree;

b) Written evidences of the legal personality of the applying organization according to the law of the nation where it is established; or written evidences of the full legal capacity of the applying individual according to regulations of the country where that person holds nationality;

c) The written presentation of the science research cooperation between the foreign entity and Vietnamese entity if the former cooperates with the latter in science research activities in the marine water planned;

d) The plan or scheme of science research activities to be performed in the marine water planned.

2. An application for amendment to a science research permit includes:

a) A filled-in form of application for amendment to the science research permit, as per Form No. 02 attached to this Decree. Such filled-in form must specify reasons and details of amendments;

b) The report on progress and results of the science research until the time of the application for amendment;

c) The copy of the decision on authorization of science research activities.

3. An application for extension of a science research permit includes:

a) A filled-in form of application for extending the validity of the science research permit, as per Form No. 03 attached to this Decree. Such filled-in form must specify reasons and length of the extension;

b) The report on progress and results of the science research until the time of the application for extension;

c) The copy of the decision on authorization of science research activities.

4. An application for re-issuance of a science research permit includes:

a) A filled-in form of application for re-issuance of the science research permit, as per Form No. 04 attached to this Decree. Such filled-in form must specify reasons of re-issuance;

b) The report on progress and results of the science research until the time of the application for re-issuance.

5. Vietnamese or English shall be the language of an application for issuance, amendment, extension or re-issuance of a research science permit.

One set of documents is required upon application for issuance, amendment, extension or re-issuance of a science research permit.

Article 9. Method and time of application

1. Method of application:

a) Foreign entities shall send the application for science research permit to the Ministry of Natural resources and Environment through diplomatic channels. Intergovernmental organizations shall send the application to the Ministry of Natural resources and Environment directly or through diplomatic channels. Foreign entities from nations that have not established a diplomatic relation with Vietnam shall send the application to the Ministry of Natural resources and Environment directly;

b) Foreign entities shall send the application for amendment, extension or re-issuance of the science research permit directly to the Ministry of Natural resources and Environment.

2. Time of application:

a) An application for issuance of science research permit must be delivered, in its entirety as regulated, to the Ministry of Natural resources and Environment at least 6 months prior to the planned date that the science research commences;

b) An application for amendment or extension of science research permit must be delivered to the Ministry of Natural resources and Environment at least 90 days prior to the expiry date of the authorization decision.

Article 10. Amendment to decisions on authorization of science research activities

1. The following amendments to a decision on authorization of science research activities shall be considered:

a) Amendment to the contents of the science research;

b) Amendment to the location, coordinates, methodology, instruments, equipment and schedule of the science research.

2. Amendment to a decision on authorization of science research activities shall only be considered provided that:

a) The foreign entity applying for amendment to the science research permit submits complete documents, as defined in section 2, Article 8 of this Decree, to the receiving agency;

b) Upon applying for amendment to the decision on authorization of science research activities, the foreign entity has fulfilled its duties as defined in point a, b, c, d, dd, e, g, section 2, Article 20 of the Law on natural resources and environment of sea and islands;

c) The decision on authorization of science research activities is in effect.

3. Amendment to a decision on authorization of science research activities shall be manifested in a new authorization decision. The maximum duration of the new decision on authorization of science research activities shall be equal to the remaining duration of the authorization decision issued.

Article 11. Extension of decisions on authorization of science research activities

1. The extension of a decision on authorization of science research activities shall be deliberated if the duration of the decision is not adequate for science research activities authorized to complete and the foreign entity seeks time extension.

2. The extension of a decision on authorization of science research activities shall only be eligible for consideration upon the fulfillment of these requirements:

a) The foreign entity applying for extension of the science research permit submits complete documents, as defined in section 3, Article 8 of this Decree, to the receiving agency;

b) Upon applying for such extension, the foreign entity has fulfilled its duties as defined in point a, b, c, d, dd, e, g, section 2, Article 20 of the Law on natural resources and environment of sea and islands;

c) The existing decision on authorization of science research activities remains valid for at least 90 days.

3. A decision on extension of science research activities shall be issued as per Form No. 6 attached to this Decree.

Article 12. Re-issuance of decisions on authorization of science research activities

1. A written decision on authorization of science research activities may be re-issued if the paper perishes.

2. The re-issuance of a decision on authorization of science research activities shall only be eligible for consideration upon the fulfillment of these requirements:

a) The foreign entity applying for re-issuance of the authorization decision submits complete documents, as defined in section 4, Article 8 of this Decree, to the receiving agency;

b) Upon applying for re-issuance of the decision on authorization of science research activities, the foreign entity has fulfilled its duties as defined in point a, b, c, d, dd, e, g, section 2, Article 20 of the Law on natural resources and environment of sea and islands;

3. A copy of the authorization decision granted to the foreign entity shall be issued.

Article 13. Progress of issuance, amendment, extension and re-issuance of science research permits

1. The following sequence of steps applies to the process of issuing, amending or extending decisions on authorization of science research activities:

a) Receiving and checking documents;

b) Obtaining viewpoints from relevant entities;

c) Assessment;

d) Deciding to issue, amend or extend a science research permit.

2. The following sequence of steps applies to the process of re-issuing decisions on authorization of science research activities:

a) Receiving and checking documents;

b) Providing a copy of the decision on authorization of science research activities.

Article 14. Receipt and checking of applications for issuance, amendment, extension and re-issuance of decisions on authorization of science research activities

1. Ministry of Natural resources and Environment shall be responsible for receiving and checking the format, composition and contents of the applications for issuance, amendment, extension and re-issuance of decisions on authorization of science research activities.

2. In 05 working days upon receiving an application, the Ministry of Natural resources and Environment shall inform the foreign entity in writing of the former’s receipt of the application, if deemed sufficient as per regulations, or of the latter’s supplementation of documents, if deemed inadequate.

Article 15. Obtainment of viewpoints from relevant entities on authorization of science research activities

1. In 05 working days upon receiving the application deemed sufficient as per regulations, the Ministry of Natural resources and Environment shall deliver its written inquiry and the application to the Ministry of National defense, Ministry of Foreign Affairs, Ministry of Public Security, Ministry of Science and Technology and ministries managing the related sector, provincial People's Committees and relevant agencies for their points of view on authorization of science research activities.

2. A written inquiry for viewpoints shall consists of:

a) A request for approval or disapproval of authorization of science research activities;

b) In case of the applications for authorization of science research activities in the internal and territorial waters of Vietnam, the written inquiry must seek relevant agencies' opinions on the request by Vietnam's entities for science research cooperation;

c) In case of the applications for authorization of science research activities that involve drilling at or into the seabed, the written inquiry must seek relevant agencies' opinions on approval or disapproval of foreign entities' conducting science research activities that involve seabed drilling, then their opinions on the request by Vietnamese entities for science research cooperation if such activities are approved;

d) A request for state management authorities in relation to the objectives and contents of the science research to assign scientists to the research activities.

3. In 30 working days upon receiving the documents from the Ministry of Natural resources and Environment, the entities inquired must respond to the Ministry of Natural resources and Environment in writing. If making no response in writing in the 30-day period, the entity inquired shall be deemed to have consented to every detail of the inquiry and assumed full responsibilities for matters that fall in its jurisdiction. A written response must include:

a) A straightforward assent or dissent and justifications for any dissent;

b) An approval or disapproval of the foreign entity's independent science research activities in the internal and territorial waters of Vietnam.

The written response must specify details of mandatory science research cooperation, if sought, between Vietnamese entities and the foreign entity in science research activities in the internal and territorial waters of Vietnam;

c) An authorization or rejection of the foreign entity’s science research activities that involve drilling at or into the seabed.

c) An authorization or rejection of the foreign entity’s science research activities that involve drilling at or into the seabed. The written response must specify details of mandatory science research cooperation, if sought, between Vietnamese entities and the foreign entity in science research activities that involve drilling at or into the seabed;

d) The scientific profiles of scientists assigned to the foreign entity’s science research activities in the marine waters of Vietnam.

4. If the written responses from the Ministry of National defense, Ministry of Foreign affairs, Ministry of Public security or Ministry of Science and Technology do not accord with each other, the Ministry of Natural resources and Environment shall issue a written rejection to the foreign entity.

Article 16. Consideration of foreign entities’ applications for authorization of science research activities that involve seabed drilling or occur in the internal and territorial waters of Vietnam in case of Vietnamese entities' request for cooperation

1. If the Ministry of National defense, Ministry of Foreign affairs, Ministry of Public security or Ministry of Science and Technology, via its response, disapproves the foreign entity's science research activities involving seabed drilling, the Ministry of Natural resources and Environment, after receiving the written responses as stated in Article 15 of this Decree, shall inform the foreign entity in writing of the rejection of seabed drilling and of the 30-day period for the foreign entity to revise the research and re-submit the application.

If the foreign entity does not revise and re-submit the application in the defined period, the Minister of Natural resources and Environment shall notify the foreign entity in writing of denial of authorization.

2. If written responses as stated in Article 15 of this Decree contain a request for Vietnamese entities' cooperative engagement in the foreign entity's science research activities that occur in the internal and territorial waters of Vietnam or involve seabed drilling, the Ministry of Natural resources and Environment shall deliberate Vietnamese entities’ abilities and aspiration for cooperation according to agencies’ proposals then notify the foreign entity of such request for cooperation.

The foreign entity, in 30 days upon receiving such notification, must respond in writing about its acceptance or denial of the cooperation. If assenting to cooperation, the foreign entity shall discuss details and conditions with Vietnamese entities to conclude a cooperation agreement that shall be delivered to the Ministry of Natural resources and Environment as an addition to the application for authorization.

If the foreign entity refuses the cooperation, the Minister of Natural resources and Environment shall inform the foreign entity in writing of the former's denial of authorization.

Article 17. Assessment for issuance, amendment and extension of science research permits

1. Details of assessment:

a) The completeness of the format, composition and contents of the application and the accuracy of the information presented;

b) The accordance of the objectives of the science research with its activities;

c) The abidance by requirements for authorization, as defined in section 1, Article 19 of the Law on natural resources and environment of sea and islands, in relevant regulations of the United Nations Convention on the Law of the Sea of 1982, and the compliance with requirements for amendment and extension of authorization decisions, as stated in Article 10 and Article 11 of this Decree.

2. The assessment proceeds as follows:

a) In 90 days upon receiving the complete application for authorization of science research activities as regulated, the Ministry of Natural resources and Environment must accomplish the assessment thereof according to section 1 of this Article. The result of the assessment must be presented in writing;

b) In 50 days upon receiving the complete application for amendment or extension of an authorization decision as regulated, the Ministry of Natural resources and Environment must accomplish the assessment thereof according to section 1 of this Article. The result of the assessment must be presented in writing;

Article 18. Conclusion of authorization of science research activities

1. Minister of Natural resources and Environment shall decide to authorize a foreign entity's science research activities in the marine waters of Vietnam according to the result of the assessment, provided that the application meets the requirements defined and that such activities do not fall into section 1, 2, 3, 4, 5 or 6, Article 4 of this Decree. Furthermore, authorization is granted by the Ministry of National defense, Ministry of Foreign affairs, Ministry of Public security and Ministry of Science and Technology.

If the application does not meet requirements defined or the research falls into section 1, 2, 3, 4, 5 or 6, Article 4 of this Decree, the Minister of Natural resources and Environment shall have the foreign entity informed in writing of the denial of authorization.

2. Minister of Natural resources and Environment must come to a decision on authorization of science research activities in no later than 120 days upon the receipt of the complete application as regulated.

If Vietnamese entities requests to cooperate in foreign entities' science research activities, which involve seabed drilling or occur in the internal and territorial waters of Vietnam, as per Article 16 of this Decree, the 120-day period shall start upon the receiving agency's obtaining of the additional science research cooperation agreement or written revisions to the science research that previously did not involve seabed drilling.

3. Ministry of Natural resources and Environment shall be responsible for sending the written decision or rejection of authorization of science research activities in the marine waters of Vietnam to the foreign entity, ministries, ministerial-level agencies, governmental agencies, provincial People's Committees and relevant organizations.

Article 19. Conclusion of amendment, extension or re-issuance of decisions on authorization of science research activities

1. Upon receiving a complete application for amendment or extension of a decision on authorization of science research activities as regulated, The Ministry of Natural resources and Environment must inquire the viewpoints of related agencies and initiate the assessment as per Article 15 and Article 17 of this Decree.

In 80 days upon the receipt of a complete application as regulated, the Minister of Natural resources and Environment shall approve or disapprove the amendment or extension of an authorization decision and issue a written decision or notification, respectively.

Ministry of Natural resources and Environment shall be responsible for sending the written decision on approval or notification on rejection of amendment or extension of the existing decision on authorization of science research activities in the marine waters of Vietnam to the foreign entity, ministries, ministerial-level agencies, governmental agencies, provincial People's Committees and relevant organizations.

2. In 15 days upon receiving the complete application for re-issuance of an authorization decision in conformity to Article 12 of this Decree, the Minister of Natural resources and Environment shall be responsible for issuing a copy of that decision to the foreign entity. If requirements for reissuance are not met, the foreign entity shall be informed in writing of the rejection thereof.

Article 20. Requirements for foreign entities conducting science research activities in the marine waters of Vietnam

1. Foreign entities are responsible for paying the fees for the pre-authorization assessment and the authorization of science research activities in the marine waters of Vietnam according to Vietnam's legal regulations on fees.

2. Foreign entities permitted to carry out science research are held responsible for fulfilling the duties as defined in section 2, Article 20 of the Law on natural resources and environment of sea and islands. Moreover, they must fulfill relevant legal requirements concerning the sea, maritime matters, aviation, customs, tax, labor, health, immigration, national defense and security, and other relevant regulations of Vietnam.

3. During science research activities, the foreign entity must immediately inform the Ministry of Natural resources and Environment of any changes to the contents permitted, except amendments or extension of the authorization decision as stated in section 1, Article 10 and section 1, Article 11 of this Decree. Such changes shall only be realized upon written consent by the Minister of Natural resources and Environment.

4. Foreign entities must inform the Ministry of Natural resources and Environment 05 days before the former enters the marine waters of Vietnam to carry out science research activities and before it departs. Moreover, foreign entities must notify competent authorities as per the maritime law and other relevant laws of Vietnam.