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THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT OF
VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 18/2021/TT-BTNMT
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Hanoi, October 29, 2021
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CIRCULAR
PRESCRIBING RATES OF FEES FOR USE OF SEA AREAS UNDER
ASSIGNMENT AUTHORITY OF THE PRIME MINISTER AND THE MINISTRY OF NATURAL
RESOURCES AND ENVIRONMENT
Pursuant to the
Government’s Decree No. 11/2021/ND-CP dated February 10, 2021 on assignment of
certain sea areas to organizations and individuals for exploitation and use of
marine resources;
Pursuant to the
Government’s Decree No. 36/2017/ND-CP dated April 04, 2017 defining the
functions, tasks, powers and organizational structure of the Ministry of
Natural Resources and Environment;
At the request of the
Director General of the Vietnam Administration of Seas and Islands and the
Director General of the Department of Legislation;
The Minister of
Natural Resources and Environment hereby promulgates a Circular prescribing
rates of fees for use of sea areas under assignment authority of the Prime
Minister and the Ministry of Natural Resources and Environment.
Article
1. Scope, regulated entities
1. Scope
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2. Regulated entities
This Circular applies to
agencies, organizations and individuals related to sea area usage activities
upon which fees for use of sea areas under assignment authority of the Prime
Minister and the Ministry of Natural Resources and Environment are charged.
Article
2. Rates of for use of sea areas within 6-nautical mile waters and
inter-regional waters
1. Rates of fees for use
of sea areas within 6-nautical mile waters and inter-regional waters
a) Rate of fee for use of
sea area for sea dumping: 20,000 dong/m3;
b) Rate of fee for use of
sea area as a seaport, floating platform, offshore oil port or another
port or berth; as an area of water facing against a wharf, turning basin,
anchorage area, transshipment area, storm shelter, specialized navigational
channel or another auxiliary work; as an area of water serving operations of a
ship building and repair facility or construction of a passenger port; as an
area of water serving operations of a restaurant or recreation and sports area;
as an anchorage area for tourist boats; for petroleum extraction; mineral
mining; for salvage of artifacts and archaeology: 7,500,000 dong/ha/year;
c) Rate of fee for use of
sea area for construction of a suspension cable system, floating, submarine or
land reclamation facility, artificial island, civil construction or another
work: 7,500,000 dong/ha/year;
d) Rate of fee for use of
sea area for building an underwater pipeline or installing telecommunications
and electromagnetic cables: 7,500,000 dong/ha/year;
dd) Rate of fee for use
of sea area used for aquaculture or construction of a fishing port: 7,500,000
dong/ha/year;
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2. Regarding activities
on which rates of sea area usage fees have yet to be charged as prescribed in
clause 1 of this Article, the Ministry of Natural Resources and Environment
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.
Article
3. Fees for use of sea areas within waters from 6 nautical miles to the
boundary of Vietnam's waters
1. Rates of fees for use
of sea areas for sea dumping are as follows:
a) Rate of fee for use of
sea area within waters beyond the 6-nautical mile to 9-nautical mile limit:
20,000 dong/m3;
b) Rate of fee for use of
sea area within waters beyond the 9-nautical mile to 12-nautical mile limit:
18,500 dong/m3;
c) Rate of fee for use of
sea area within waters beyond the 12-nautical mile to 15-nautical mile limit:
16,500 dong/m3;
d) Rate of fee for use of
sea area within waters beyond the 15-nautical mile limit: 15,000 dong/m3.
2. Rates of 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 are as follows:
a) Rate of fee for use of
sea area within waters beyond the 6-nautical mile to 9-nautical mile limit:
7,300,000 dong/ha/year;
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c) Rate of fee for use of
sea area within waters beyond the 12-nautical mile to 15-nautical mile limit:
6,700,000 dong/ha/year;
d) Rate of fee for use of
sea area within waters beyond the 15-nautical mile limit: 6,500,000
dong/ha/year;
3. Rates of 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 are as follows:
a) Rate of fee for use of
sea area within waters beyond the 6-nautical mile to 9-nautical mile limit:
7,000,000 dong/ha/year;
b) Rate of fee for use of
sea area within waters beyond the 9-nautical mile to 12-nautical mile limit:
6,700,000 dong/ha/year;
c) Rate of fee for use of
sea area within waters beyond the 12-nautical mile to 15-nautical mile limit:
6,300,000 dong/ha/year;
d) Rate of fee for use of
sea area within waters beyond the 15-nautical mile limit: 6,000,000
dong/ha/year.
4. Rates of fees for use
of sea areas for building underwater pipelines and installing
telecommunications and electromagnetic cables are as follows:
a) Rate of fee for use of
sea area within waters beyond the 6-nautical mile to 9-nautical mile limit:
7,000,000 dong/ha/year;
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c) Rate of fee for use of
sea area within waters beyond the 12-nautical mile to 15-nautical mile limit:
6,000,000 dong/ha/year;
d) Rate of fee for use of
sea area within waters beyond the 15-nautical mile limit: 5,000,000 dong/ha/year.
5. Rates of fees for use
of sea areas used for aquaculture and construction of fishing ports are as
follows:
a) Rate of fee for use of
sea area within waters beyond the 6-nautical mile to 9-nautical mile limit:
7,000,000 dong/ha/year;
b) Rate of fee for use of
sea area within waters beyond the 9-nautical mile to 12-nautical mile limit:
6,000,000 dong/ha/year;
c) Rate of fee for use of
sea area within waters beyond the 12-nautical mile to 15-nautical mile limit:
5,000,000 dong/ha/year;
d) Rate of fee for use of
sea area within waters beyond the 15-nautical mile limit: 4,000,000
dong/ha/year.
6. Fees for use of sea
areas for exploitation of energy of such types as oceanic wind, waves, tides
and currents and other sea usage activities are as follows:
a) Rate of fee for use of
sea area within waters beyond the 6-nautical mile to 9-nautical mile limit:
7,000,000 dong/ha/year;
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c) Rate of fee for use of
sea area within waters beyond the 12-nautical mile to 15-nautical mile limit:
4,500,000 dong/ha/year;
d) Rate of fee for use of
sea area within waters beyond the 15-nautical mile limit: 3,000,000
dong/ha/year.
7. The rate of usage fee
for an assigned sea area that is located in two or three or four sea areas
specified in clauses 1, 2, 3, 4, 5 and 6 of this Article shall be calculated by
summing up the usage fee for each of these sea areas calculated at the
corresponding rate specified in clauses 1, 2, 3, 4, 5 and 6 of this Article
8. Regarding activities
on which rates of sea area usage fees have yet to be charged as prescribed in
clauses 2, 3, 4, 5 and 6 of this Article, the Ministry of Natural Resources and
Environment 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.
Article
4. Effect and responsibility for implementation
1. This Circular comes
into force from December 15, 2021 and remains effective until March 30, 2026.
2. Agencies,
organizations and individuals related to the determination of rates of fees for
use of sea areas under assignment authority of the Prime Minister and the
Ministry of Natural Resources and Environment, and collection and payment
thereof are responsible for the implementation of this Circular./.
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