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THE
GOVERNMENT OF VIETNAM
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
65/2025/ND-CP
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Hanoi,
March 12, 2025
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DECREE
ON AMENDMENTS TO SOME ARTICLES OF DECREE NO. 40/2016/ND-CP
DATED MAY 15, 2016 OF THE GOVERNMENT DETAILING THE IMPLEMENTATION OF SOME
ARTICLES OF THE LAW ON RESOURCES AND ENVIRONMENT OF SEAS AND ISLANDS AND DECREE
NO. 11/2021/ND-CP DATED FEBRUARY 10, 2021 OF THE GOVERNMENT ON ASSIGNMENT OF
CERTAIN SEA AREAS TO ORGANIZATIONS AND INDIVIDUALS FOR EXPLOITATION AND USE OF
MARINE RESOURCES
Pursuant to the Law on
Government Organization dated February 18, 2025;
Pursuant to the Law on
Vietnamese Sea dated June 21, 2012;
Pursuant to the Law on Natural
Resources and Environment of Sea and Islands dated June 25, 2015;
Pursuant to the Law on Fisheries
dated November 21, 2017;
Pursuant to the Law on Planning
dated November 24, 2017; the Law on amendments to some articles concerning
planning of 37 laws dated November 20, 2018;
At the request of Ministry of Agriculture
and Environment;
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Article 1.
Amendments to some articles of Decree No. 40/2016/ND-CP dated May 15, 2016 of
the Government detailing the implementation of some articles of the Law on
Resources and Environment of Seas and Islands
1. Amendments to clauses 2
and 4 Article 8:
a) Amendments to clause 2:
"2. Coastal waters have the
innermost boundary which is the mean lower low water line observed over a
period of several years and the outer boundary laying at a distance of 06
nautical miles away from the mean lower low water line."
a) Supplementation to clause 4:
4. The average mean lower low
water line in several years
a) The mean lower low water line
observed over a period of several years is calculated and determined based on
the average value of the mean lower low water line in several years of points
with typical values of tides in 18,6 years and types of coastline (coastline as
rocky mountain slopes, cliff faces; natural coastlines with a slope greater
than or equal to 45 degrees; natural coastlines with a slope less than 45
degrees; coastlines with sea dykes, seawalls), except for cases prescribed in
point b of this clause;
b) For coastlines interrupted by
estuaries, peatlands, coastal lagoons, the mean lower low water line observed
over a period of several years is determined by the distance of two nearest
points along the mean lower low water line observed over a period of several
years at estuaries, peatlands, coastal lagoons.
For reclaimed areas
constructed in accordance with the law, the mean lower low water line observed
over a period of several years is the outer boundary of the reclaimed
areas;
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The People’s Committees of
provinces with coasts shall determine and announce the mean lower low water
line observed over a period of several years; outer boundaries of 03-nautical
mile and 06-nautical mile waters of the islands under their jurisdiction, except
for the largest island of the island districts;
d) The mean lower low water line
observed over a period of several years of coastlines shall be reviewed and
corrected after the investment project for reclamation or reclamation item in
the investment project is finished, or when there are changes in the current
state of the coastline and topography that alter the announced mean lower low
water line observed over a period of several years.
Province-level People’s Committees
shall review, determine, correct, and recommend the Ministry of Agriculture and
Environment to consider and announce the mean lower low water line observed
over a period of several years of the announced mainland and largest islands in
island districts; review, determine, correct, and announce the mean lower low
water line observed over a period of several years of the islands under their
jurisdiction, except for the largest island of the island districts.”
2. Addition of Article 35a (after
Article 35):
“Article 35a. Adjustment
of the list of coastal areas where the coastal protection corridor must be
established
1. The list of coastal areas where
the coastal protection corridor must be established shall be adjusted in the
following cases:
a) For the purposes of national
defense and security; management of natural disasters;
b) Due to the impacts of natural
disasters or force majeure events as prescribed in the civil law, the
established coastal protection corridor no longer meets the objectives and
requirements as prescribed in clause 1 Article 23 of the Law on Natural
Resources and Environment of Sea and Islands;
c) Adjustment for compliance with
the Comprehensive planning for sustainable exploitation and use of coastal
resources, Provincial planning approved by the competent authorities;
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dd) Addition of areas where coastal
protection corridors need to be established to meet the objectives and
requirements as prescribed in clause 1 Article 23 of the Law on Natural
Resources and Environment of Sea and Islands.
2. The adjustment, collection of
opinions of authorities, organizations, individuals and relevant communities;
approval of the list of coastal areas where the coastal protection corridor
must be established shall be implemented as the formulation of the list of
coastal areas where the coastal protection corridor must be established in
accordance with Articles 31, 32, 33, 34 and 35 of this Decree.”
3. Amendments to Clause 1 Article
40:
"1. Boundaries of the coastal
protection corridor shall be adjusted in the following cases:
a) For the purposes of national
defense and security; management of natural disasters;
b) There is a significant change of
the mean high water line (MHWL) at the coastal area where the coastal corridor
must be established;
c) Due to the impacts of natural
disasters or force majeure events as prescribed in the civil law, a part of the
established coastal protection corridor no longer meets the objectives and
requirements as prescribed in clause 1 Article 23 of the Law on Natural
Resources and Environment of Sea and Islands;
d) Adjustment for compliance with
the Comprehensive planning for sustainable exploitation and use of coastal
resources, Provincial planning approved by the competent authorities;
dd) Adjustment of land use purposes
for socio-economic development, for national and public interests under the
cases of land repossession in accordance with the Law on Land.”
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“4. During the effective period of
the sea dumping permit, organizations and individuals are allowed to adjust,
add transporting vehicles, and shall notify in written to the authorities
issuing the permit before implementation of adjustment.”
5. Amendments to Clause 1 Article
51:
b) There is an increase in the
volume of dumped materials; a change in the boundaries, or area of the sea area
for dumping.”
6. Amendment to points c and dd,
Clause 1, and points d and e, clause 5, Article 54:
a) Amendments to point c clause 1:
“c) A copy accompanied by its
original for verification purpose or a certified true copy of the competent
authority’s decision on approval for results of appraisal of the environmental
impact assessment report; or the environmental impact assessment report which
has been adjusted in conformity with the environmental protection contents and
requirements stated in the competent authority’s decision on approval for
results of appraisal of environmental impact assessment report, if the
authority competent to approve results of appraisal of environmental impact
assessment report is not the one competent to issue the sea dumping permit.;”
b) Amendments to point dd clause 1:
“dd) The map of the sea area for
carrying out dumping activities using Form No. 05 attached to Decree No.
11/2021/ND-CP dated February 10, 2021 of the Government on assignment of
certain sea areas to organizations and individuals for exploitation and use of
marine resources.”
c) Amendments to point d clause 5:
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d) Amendments to point e clause 5:
“e) The map of the sea area for
dumping using Form No. 05 attached to Decree No. 11/2021/ND-CP dated February
10, 2021 of the Government on assignment of certain sea areas to organizations
and individuals for exploitation and use of marine resources if there is a
change in boundaries or area of sea area for dumping.”
7. Amendments to Article 55:
“Article 55. Authorities
receiving and processing applications; methods for receiving and returning the
results of the application for issuance, re-issuance, extension, adjustment,
return of the sea dumping permit
1. Authorities receiving
applications for issuance, re-issuance, extension, adjustment, return of the
sea dumping permit are those with competence to receive the application for
assignment and return of sea area; extension, adjustment of the Decision on
assignment of sea area in accordance with clause 1 Article 25 of Decree No.
11/2021/ND-CP dated February 10, 2021 of the Government on assignment of
certain sea areas to organizations and individuals for exploitation and use of
marine resources.
2. Processing authorities:
a) Vietnam Administration of Seas
and Islands shall process the application for issuance, re-issuance, extension,
adjustment, return of the sea dumping permit within the jurisdiction of the
Ministry of Agriculture and Environment;
b) The Department of Agriculture
and Environment shall process the application for issuance, re-issuance,
extension, adjustment, return of the sea dumping permit within the jurisdiction
of the province-level People’s Committee.
3. Methods for receipt and return
of results of processing application shall be in accordance with Article 26 of
Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on
assignment of certain sea areas to organizations and individuals for
exploitation and use of marine resources.”
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“5. Competent authorities and
individuals shall be responsible only for appraisal, approval, or handling of
other relevant procedures related to sea dumping activities in accordance with
this Decree; not responsible for contents, which were previously approved,
appraised, and handled by other competent authorities and individuals.”
9. Amendment to point a clause 1,
clause 2 and clause 3, Article 57:
a) Amendments to point a clause 1:
“a) The applicant for
issuance, re-issuance, extension, adjustment, return of sea dumping permit
shall submit 01 set of application dossiers to the application-receiving authority
in person, by post, or via public services portal. If the application is
submitted by post, the date of receiving application shall be the date on which
it is delivered by the post office to the application-receiving authority;”
b) Amendments to clauses 2 and 3:
“2. The application shall be
processed according to the following procedures:
From the date on which the
application receipt note is granted, within 60 days if the application for
issuance of sea dumping permit is submitted, or within 45 days if the
application for extension/ return of sea dumping permit is submitted, or within
30 days if the application for adjustment of sea dumping permit is submitted,
or within 15 days if the application for re-issuance of sea dumping permit is
submitted, the application-processing authority shall take the following
responsibilities:
a) Complete the processing of
applications according to the contents prescribed in Article 56 of this Decree.
The appraisal result must be recorded in writing.
The application-processing
authority shall, if necessary, submit the decision on establishment of the
Council for processing applications to the competent authorities; send written
document to collect opinions from relevant authorities; carry out the field
inspection.
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The applicant shall be invited to
participate in the Council meeting.
Within 15 days from the receipt of written
request for opinions attached with valid application in accordance with the
law, the requested agency is responsible for responding in writing.
The time limit for field inspection
is 10 days. The time period for collecting opinions and field inspection shall
not be included in the time limit for processing applications.
If the application is not valid for
issuance of sea dumping permit, the application-processing authority shall send
the information stating the reasons to the application-receiving authority for
written response to the applicant;
b) If the application lacks of
information for issuance, extension, adjustment of sea dumping permit, the
application-processing authority shall send a written request to organizations,
individuals for provision of additional information and explanations. The time
for organizations or individuals to submit additional information or
explanation is not included in the time limit for processing applications.
Organizations or individuals shall send additional information or explanation
to the application-processing authority within 30 days from the date the
application-processing authority send the written request. If the application-processing
authority does not receive the additional information or explanation within the
time limit, the application-processing authority shall send the information to
the application-receiving authority for written response to organizations and
individuals on not issuing, re-issuing, extending, adjusting the sea dumping
permit.
If the application is valid, it
shall be submitted to the authority competent to/that has the power to issue
sea dumping permit.
3. The application shall be
submitted to competent authorities for settlement according to the following
procedures:
a) Within 05 working days from the
date of completing processing applications in accordance with point a clause 2
of this Article, or from the date of receiving the additional information and
explanation from organizations or individuals in accordance with point b Clause
2 of this Article, the application-processing authority shall submit the
application to the competent authorities to issue the sea dumping permit and
assign the sea areas for sea dumping activities;
b) Within 05 working days from the
date on which the application-processing authority submit the application, the
competent authorities shall consider and issue, re-issue, extend, adjust,
return sea dumping permit, and assign sea areas, extend the duration for
assignment of sea areas, adjust the decision on assignment of sea areas for sea
dumping activities; If the application is rejected by the competent
authorities, the application-processing authority shall send the information
stating the reasons to the application-receiving authority for written response
to organizations and individuals.”
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1. Amendments to Clause 1 Article
1:
1. Scope
a) This Decree provides for
assignment of certain sea areas from the mean lower low water line observed
over a period of several years to all territorial waters of Vietnam to
organizations and individuals for the purpose of exploiting and using marine
resources;
b) The use of sea areas for
national defense and security reclamation is not covered by this Decree.”
2. Amendments to clause 4, clause 5
and point b clause 6, Article 2:
a) Amendments to clauses 4 and 5:
“4. 03-nautical mile waters
means a territorial waters whose inner boundary is the mean lower low water
line observed over a period of several years of the mainland or largest islands
in island districts and outer boundary lies at a distance of 03 nautical miles
from the mean lower low water line observed over a period of several years of
the mainland or largest islands in island districts.
5. 06-nautical mile waters means a
territorial waters whose inner boundary is the mean lower low water line
observed over a period of several years of the mainland or largest islands in
island districts and outer boundary lies at a distance of 06 nautical miles
from the mean lower low water line observed over a period of several years of
the mainland or largest islands in island districts.”
b) Amendments to point b clause 6:
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3. Amendments to clause 1 and
addition of clause 4, Article 3:
a) Amendments to clause 1:
“1. Boundary of a sea area is
determined by a closed line consisting of straight line segments connecting
corner closure points with specific coordinates or any other specific shapes
with specific areas, and shown on the bathymetric map published by the Ministry
of Agriculture and Environment with an appropriate scale. The map of a sea area
is a professional map in accordance with the law on map.”
b) Addition of clause 4:
“4. Outer boundary of 03-nautical
mile waters and 06-nautical mile waters of the mainland or largest islands in
island districts is adjusted when the mean lower low water line observed over a
period of several years is changed.”
4. Amendments to clauses 5 and
addition of clause 6 Article 4:
a) Amendments to clause 5:
“5. Within a territorial
waters, a sea area may be assigned to one or more organizations or individuals
to use it for one or more intended uses but such uses must not contradict the
legal exploitation and use of marine resources by other organizations or
individuals. Within a sea area, only one organization or individual are
assigned to use it for one or more purposes of exploiting and utilizing marine
resources.”
b) Addition of clause 6:
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5. Amendments to clauses 3 and
point b clause 4 Article 5:
a) Amendments to clause 3:
3. Based on one of the following
plannings:
a) National marine spatial
planning;
b) Comprehensive planning for
sustainable exploitation and use of coastal resources;
c) National sector planning;
d) Regional planning;
dd) Province-level planning;
e) Special administrative -
economic unit planning;
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In cases where the prescribed
plannings do not specify the scope of the assigned sea area, the determination
of the location, boundary, and area of the assigned sea area shall be in
accordance with clause 4 of this Article.”
b) Amendments to point b clause 4:
“b) The sea area to be used shall
ensure that the exploitation and use of marine resources do not adversely
affect the environment, marine ecosystems, fisheries resources, marine
conservation area, fisheries resource protection area, activities to protect
and promote the cultural heritage value, and human health in accordance with
the law;”
6. Addition of Article 5a (after
Article 5):
“Article 5a. Cases of rejection
of assignment of sea areas
1. Activities that use the sea area
to harm Vietnam's sovereignty, sovereign rights, national jurisdiction, and
national interests at sea; activities that harm national defense, security,
order, and safety at sea; activities prohibited by Vietnamese law.
2. The sea area to be assigned
is within the area requiring special protection for defense purposes;
level-1 protection zone of historical-cultural relics; strictly protected zones
and ecological restoration zones of marine conservation areas, world heritage
sites, biosphere reserves, national parks; fisheries resource protection areas;
wetland areas with unique ecosystems, high biodiversity, functions of
maintaining water sources and ecological balance, of international and national
importance; areas with special-use forests; areas with seagrass ecosystems,
coral reefs; areas with oil and gas facilities, equipment, and structures at
sea and the safety zone around these facilities, except in cases where
organizations are entrusted to manage and carry out activities in these sea
areas in accordance with the law.
3. Activities using the sea area
that seriously affect the ongoing basic survey, scientific research,
exploration, exploitation, and use of marine resources in Vietnamese waters;
activities that seriously affect the conservation of historical-cultural
relics, scenic spots, and cultural heritage.
4. Activities using the sea area
that involve the use of explosives, toxic chemicals, and other means and
equipment that can cause harm to people, resources, and marine environmental
pollution, except in cases where explosives, toxic chemicals are permitted by
competent state authorities in accordance with the law.
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7. Amendments to point b clause 1
Article 6:
“b) Regarding the investment
project whose investment guidelines have been approved or decided by a
competent state authority and which has been issued with the investment
registration certificate or investment certificate with an investment duration
of over 30 years, the assignment duration may be over 30 years but must not
exceed the investment duration specified in the written approval for investment
guidelines, decision on investment guidelines, investment registration
certificate or investment certificate (except for marine aquaculture
projects”).
The time limit for assignment of
sea area for aquaculture shall not exceed 50 years; the time limit for
Vietnamese organizations and individuals to carry out scientific and
technological duties to serve aquaculture shall not exceed the time limit of
the scientific and technological duties approved by the competent authorities.”
8. Addition of Article 6a (after
Article 6):
“Article 6a. Activities that do
not require the procedures for assignment of sea area
1. Activities that do not require
the procedures for assignment of sea area:
a) Fishing activities at sea;
protection and regeneration of aquatic resources; marine conservation
activities in accordance with the laws on fisheries, environmental protection,
and biodiversity;
b) Activities to directly address
the consequences of natural disasters and environmental incidents at sea;
construction of infrastructure for management of natural disasters funded by
the state or by organizations, individuals using non-state budget sources for
non-profit purposes in accordance with laws on disaster management;
c) Scientific research activities
conducted by foreign organizations or individuals in Vietnamese waters that
have been licensed by the competent state authorities in accordance with
Article 19 of the Law on Natural Resources and Environment of Sea and Islands;
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dd) Scientific research,
measurement, monitoring, investigation, exploration, and survey activities at
sea carried out by state authorities;
e) Scientific research,
measurement, monitoring, investigation, exploration, and survey activities at
sea carried out by organizations or individuals as part of duties approved,
commissioned, or assigned by the competent state authority using state budget
(excluding scientific and technological duties for aquaculture purposes);
g) Maritime activities serving
national interests and public benefits, and maritime infrastructure invested
with state budget for national interests, public benefits with non-profit
purposes; construction and installation of facilities serving national and
public interests invested by the state or by organizations, individuals using
non-state budget sources for non-profit purposes; survey, installation, maintenance,
repair, and recovery of submarine telecommunication cables at sea;
h) Activities using sea areas for
national defense and security purposes, including cases where sea areas are
used to carry out sea dumping.
2. Before the competent authority
approves, commissions, or assigns activities as prescribed in points d, dd, e,
and g, clause 1 of this Article, the opinions of the competent authority as
prescribed in Article 8 of this Decree regarding the purpose, location,
coordinates, boundaries, area, depth, and time limit of activities using sea
areas must be obtained.
Before implementation,
organizations or individuals carrying out activities as prescribed in points d,
dd, e, and g, clause 1 of this Article must send information about the purpose,
location, coordinates, boundaries, area, depth, and duration of activities
using marine areas to the authority prescribed in clause 2 of Article 25 of
this Decree.
3. Organizations or individuals
exploiting and using sea areas other than cases prescribed in clause 1 of this
Article must be assigned sea areas in accordance with this Decree.”
9. Amendments to points c, d, and
dd, clause 2, Article 7:
“c) Protect marine environment;
annually, before December 31, report the use of assigned sea areas to the
competent state authority that has the power to assign the sea area using the
Form No. 12 attached to this Decree; do not provide information about the sea
area in contravention of the law;
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dd) Do not transfer, mortgage,
contribute capital, or lease the right to use the assigned sea areas, except
for the case in clause 3 of this Article;”
10. Amendments to Article 8:
“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 Ministry of Agriculture and
Environment shall decide to assign sea areas in the following cases: sea areas
lying outside 06-nautical mile waters from the mean lower low water line
observed over a period of several years of the mainland and islands as
prescribed in clause 3 Article 3 of this Decree, except for cases prescribed in
point c clause 2 of this Article; inter-regional sea areas; sea areas for
aquaculture assigned to foreign investors and foreign-invested business
entities.
2. The People’s Committees of
coastal provinces shall decide to assign sea areas in the following cases,
except for cases prescribed in clauses 1 and 3 of this Article.
a) Sea areas lying within
06-nautical mile waters from the mean lower low water line observed over a
period of several years of the mainland and islands as prescribed in clause 3
Article 3 of this Decree;
b) Sea areas for aquaculture lying
within 06-nautical mile waters from the mean lower low water line observed over
a period of several years of the mainland and islands;
c) Sea areas lying outside of the
06-nautical mile waters from the mean lower low water line observed over a
period of several years of the mainland and islands as prescribed in clause 3
Article 3 of this Decree and under the administrative management jurisdiction
of the People’s Committees for projects using sea areas for which the People’s
Committees of coastal provinces decide to approve investment proposal, issue
mineral exploitation permits.
3. The People’s Committees of
coastal districts shall decide to assign Vietnamese individuals sea areas for
aquaculture purpose as prescribed in point a clause 2 Article 44 of the Law on
Fisheries which lie within 03-nautical mile waters from the mean lower low
water line observed over a period of several years of the mainland and islands.
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4. The state 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.
The People’s Committees of coastal
provinces shall take responsibilities for sending decision on assignment,
recognition, permit return of sea areas; extending, adjusting the decision on
assignment of sea areas; revoking and expropriating the sea areas to the
Ministry of Agriculture and Environment.”
11. Addition of clause 4 Article
10:
“4. Organizations and
individuals recognized sea areas shall fulfill financial obligations as
prescribed in the decision on land allocation or lease of coastal land with
water surface or seawater surface until the time of being recognized for the
sea areas. In cases where organizations and individuals recognized sea areas
have fulfilled financial obligations as prescribed in the decision on land
allocation or lease of coastal land with water surface or seawater surface,
they shall pay the sea area usage fee for the period that has not been paid.
For entities prescribed in clause 1
of this Article wish to apply for sea area recognition, their previous decision
on land allocation or lease of coastal land with water surface or seawater
surface and certificate of right to use coastal land with water surface or
seawater surface (if any) shall be revoked when the competent authorities issue
the decision on assignment of sea area. Organizations, individuals shall
execute the rights and fulfill the obligations in accordance with this
Decree."
12. Amendments to points c and d
and addition of point e clause 1 Article 13:
a) Amendments to points c and d
clause 1:
“c) The organization or individual
assigned the sea area makes a transfer of the investment project associated
with the sea area use right (only when the sea area has been invested in
accordance with the project) 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; the area of assigned sea area
is changed due to the change of the mean lower low water line observed over a
period of several years; the usage area of sea area is increased in cases where
the competent agency has granted or adjusted the written permission for
exploitation and use of marine resources; the assigned sea area is changed in
cases where a portion of the sea area is revoked to serve national defense,
security, and public interests in accordance with the law;”
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“e) The usage purpose of a portion
of the sea area is changed in cases where environmental impact assessment is
not required and there are no changes to the organization or individual that
has been assigned the sea area. The change in the usage purpose of a portion of
the sea area must be approved by the competent authority or adjusted in the
written permission for exploitation and use of marine resources. It must also
comply with all other conditions and requirements in accordance with the laws
related to activities using the sea area.”
13. Amendments to clause 1 Article
14:
“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
authority with power to issue, extend the sea dumping permit; amendments to the
sea dumping permit 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.”
14. Addition of Article 14a (after
Article 14):
“Article 14a. Assignment of sea
area for scientific research, measurement, monitoring, investigation,
exploration, and survey activities at sea
1. Scientific research,
measurement, monitoring, investigation, exploration, and survey activities at
sea, except for cases prescribed in points c, d, dd and e, clause 1, Article 6a
of this Decree shall be implemented in accordance with procedures for
assignment of sea area.
2. The duration for assignment of
sea area for scientific research, measurement, monitoring, investigation,
exploration, and survey activities at sea shall not exceed 03 years.
3. The decision on assignment of
sea area for scientific research, measurement, monitoring, investigation,
exploration, and survey activities at sea shall not be adjusted or extended.
After the expiration of the assignment, if the organization and individual wish
to continue conducting scientific research, measurement, monitoring,
investigation, exploration, and survey activities at sea, they shall apply for
new assignment of the sea area in accordance with this Decree.
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a) Application form for assignment
of sea area for scientific research, measurement, monitoring, investigation,
exploration, and survey activities at sea using Form No. 1 attached to this
Decree;
b) Explanatory document for
scientific research, measurement, monitoring, investigation, exploration, and
survey activities at sea using Form No. 15 attached to this Decree;
c) The document proving the
judicial entity in accordance with the law of the country where the
organization is established is required if it is a foreign entity; the document
proving full civil act capacity in accordance with the law of the country of
nationality of the individual is required if it is a foreign individual;
d) The diagram of sea area to be
assigned for conducting scientific research, measurement, monitoring,
investigation, exploration, and survey activities at sea including the
coordinates of the corner points, area, depth, and height of the sea area to be
assigned.
5. Authorities receiving and
processing the application; procedures for processing the application for assignment
of sea area; methods for receiving and returning the result of the application;
criteria for processing applications for assignment of sea area for scientific
research, measurement, monitoring, investigation, exploration, and survey
activities at sea shall implement in accordance with Articles 16, 25 and 26 of
this Decree.
6. Criteria for processing
applications for assignment of sea area for scientific research, measurement,
monitoring, investigation, exploration, and survey activities at sea:
a) The completeness of the form,
composition, content, and accuracy of information of the application;
b) The compatibility between the
purpose and content of the scientific research, measurement, monitoring,
investigation, exploration, and survey activities at sea;
c) The compatibility of the sea
area to be assigned with the plannings prescribed in clause 3 Article 5 of this
Decree. In cases where there is no existing planning, the area to be assigned
shall be in accordance with points a, b, and c, clause 4, Article 5 of this
Decree;
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dd) The impact on the environment
and the solutions to protect the environment when operating in the sea area to
be assigned;
e) The impact and influence of the
planned activities on the tasks of ensuring national defense, security,
maritime transportation, protecting sovereignty, sovereign rights, jurisdiction
rights, national interests at sea, and the access rights of people to the sea;
If there are more than two
organizations or individuals submitting proposals to conduct the same type of
scientific research, measurement, monitoring, investigation, exploration, and
survey activities in the same sea area, in addition to the appraisal criteria
prescribed in this clause, the appraising authority must evaluate and propose
the selection of organizations or individuals to be assigned the sea area based
on the factors prescribed in Article 7 of this Decree.
7. During the process of reviewing
the application of organization or individual proposing to conduct scientific
research, measurement, monitoring, investigation, exploration, and survey
activities at sea, if there are more than two organizations or individuals
submitting proposals to conduct the same type of activity in the same sea area,
the appraising authority shall evaluate and propose the selection of
organizations or individuals to be assigned the sea area based on the following
factors:
a) Financial capacity, human
resources, professional qualification, and experience of the organization or
individual in conducting scientific research, measurement, monitoring,
investigation, exploration, and survey activities at sea;
b) Implementation plan for
scientific research, measurement, monitoring, investigation, exploration, and
survey activities at sea;
c) Financial capacity, human
resources, professional qualification, and experience of the organization or
individual in relation to the project or planned activities after completing
the scientific research, measurement, monitoring, investigation, exploration,
and survey activities at sea;
d) Economic and social efficiency
of a project or planned activities after completing scientific research,
measurement, monitoring, investigation, exploration, and survey activities at
sea;
8. Decision on assignment of sea
area for scientific research, measurement, monitoring, investigation,
exploration, and survey activities at sea shall be in accordance with Form No.
6 attached to this Decree.
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a) Rights prescribed in points a,
c, d, dd and e, clause 1, Article 7 of this Decree;
b) Announce, transfer information,
results related to scientific research, measurement, monitoring, investigation,
exploration, and survey activities at sea to a third party when there is a
written approval from the competent state authorities assigning the sea area.
10. Organizations and individuals
assigned of sea area for scientific research, measurement, monitoring,
investigation, exploration, and survey activities at sea by competent state
authorities have the following obligations:
a) Obligations prescribed in clause
2 Article 7 of this Decree;
b) Within 60 days from the
completion of scientific research, measurement, monitoring, investigation,
exploration, and survey activities at sea, organizations and individuals shall
send a summary report of the results of the activities to the competent state
authorities assigning the sea area using Form No. 13 attached to this Decree.
b) Within 10 days from the date on
which the competent state authorities approve the investment proposal for use
of sea area using the results of previous scientific research, measurement,
monitoring, investigation, exploration, and survey activities at sea,
organizations and individuals shall submit detailed results of such activities
including original documents and detailed report of the results of the project
using the sea area to the Vietnam Administration of Seas and Islands and the
Ministry of Agriculture and Environment;
c) Within 30 days from the
completion of scientific research, measurement, monitoring, investigation,
exploration, and survey activities at sea, organizations and individuals, all
equipment and devices installed in the sea area shall be uninstalled, except
for cases of force majeure in accordance with civil law.
11. During the implementation of
scientific research, measurement, monitoring, investigation, exploration, and
survey activities at sea in accordance with the decision on assignment of sea
area, organizations and individuals shall not change the purpose of using sea
area.
During the implementation of
scientific research, measurement, monitoring, investigation, exploration, and
survey activities at sea in accordance with the decision on assignment of sea
area, if organizations and individuals make any change on the duration for
assignment of sea area; location, boundary, and area of the sea area; position,
coordinates of drilling and excavation, they shall make new application for
assignment of sea area in accordance with this Decree. If there is a change on
other contents of the decision on assignment of sea area, organizations and
individuals shall get approval and submit written report to the competent state
authorities assigning the sea area before implementation.
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13. The expropriation of sea area,
termination of the validity of the decision on assignment of sea area for
scientific research, measurement, monitoring, investigation, exploration, and
survey activities at sea shall be in accordance with Chapter III of this
Decree.”
15. Amendments to point c clause 1,
addition of point dd clause 1 and point d clause 2 Article 15:
a) Amendments to point c clause 1:
“c) A copy of one of the
following documents: the decision on appraisal results of the report on
environmental impact assessment, environment permit, environment registration
in accordance with the law, or documents equivalent to the decision on
appraisal results of the report on environmental impact assessment in
accordance with clause 2 Article 171 of the Law on Environmental Protection;”
b) Addition of point dd clause 1:
“dd) Explanatory document for
activities within sea area using Form No. 14 attached to this Decree;
c) Addition of point d clause 2:
“d) The map of sea area to be
assigned including the coordinates of the points in the sea area using Form No.
05 attached to this Decree;
16. Amendments to point b clause 1
Article 16, point b clause 1 Article 18, point b clause 1 Article 20, point b
clause 1 Article 22, point b clause 1 Article 24:
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17. Amendments to points c and d,
and addition of points dd, e, g, h and I, clause 2, Article 16:
“c) The Ministry of
Agriculture and Environment shall send a written request for opinions to the
Ministry of National Defense, Ministry of Public Security and People’s
Committees of coastal provinces. Within 20 days of the receipt of the written
request for opinions attached with valid application, the authority whose
opinions are sought shall give a written response. If no response is sent after
the time limit prescribed above, the Ministry of Agriculture and Environment
shall consider and decide the assignment of sea area; the authority whose
opinions are sought shall take responsibility for issues within their
jurisdiction. The time for collection opinions is not included in the time
limit for processing applications;
d) The province-level People's
Committees shall send a written request for opinions to the Ministry of
National Defense, Ministry of Public Security and Ministry of Agriculture and
Environment. The district-level People's Committees shall send a written
request for opinions to the province-level professional agencies on agriculture
and environment, military authorities, province-level police force. Within 20
days of the receipt of the written request for opinions attached with valid
application, the authority whose opinions are sought shall give a written
response. If no response is sent after the time limit prescribed above, the
province-level People's Committees shall consider and decide the assignment of
sea area; the authority whose opinions are sought shall take responsibility for
issues within their jurisdiction. The time for collection opinions is not
included in the time limit for processing applications;
dd) During the review and issuance
of written permission for exploitation and use of marine resources for
organizations and individuals, the competent state authority which has
collected opinions from authorities prescribed in points c and d of this clause
on location, boundary, coordinates of the sea area to be assigned and written
opinions of these authorities attached with the application for assignment of
sea area is not required to collect opinions as prescribed in points c and d of
this clause;
Vietnamese organizations and
individuals issued with aquaculture permit in accordance with the law on
fisheries are not required to collect the opinions as prescribed in points c
and d of this clause;
e) If necessary, the application-processing
authority shall conduct field inspection. Each field inspection shall not
exceed 10 days. The time for field inspection is not included in the time limit
for processing applications;
g) If the application is not valid
for assignment of sea area, the application-processing authority shall send
notification stating clear reasons to the application-receiving authority for
response to organizations and individuals;
h) If the application lacks of
information for issuance of the decision on assignment of sea area, the
application-processing authority shall send a written request to organizations,
individuals for provision of additional information and explanations. The time
for organizations or individuals to submit additional information or
explanation is not included in the time limit for processing applications.
Organizations or individuals shall send additional information or explanation
to the application-processing authority within 30 days from the date the
application-processing authority send the written request. If no response is
sent to the application-processing authority within the time limit prescribed
above, the application-processing authority shall send notification to the
application-receiving authority for response to organizations and individuals
on not assigning the sea area;
i) If the application is valid, it
shall be submitted to the authority competent to/that has the power to assign sea
area.”
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“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 for cases prescribed in clause 1 Article 10 of this Decree;
an original or certified copy or electrical copy of certified written
permission for exploitation and use of marine resources (if any) granted by the
competent authority for cases prescribed in clause 2 Article 10 of this Decree.
3. A report on the use of the sea area
up to the time of submitting the application for recognition of the sea area
using Form No. 12 attached to this Decree.”
19. Amendments to point c clause 2
Article 18, point c clause 2 Article 20, point c clause 2 Article 22 and point
c clause 2 Article 24:
c) If necessary, the
application-processing authority shall conduct field inspection, which shall
not exceed 10 days, and send written document to collect opinions from relevant
authorities. Within 15 working days from the receipt of written request for
opinions attached with valid dossier in accordance with the law, the requested
agency is responsible for responding in writing. The time period for collecting
opinions and field inspection shall not be included in the time limit for
processing applications.
20. Amendments to clause 4 Article
19:
“4. A report on the use of the sea
area up to the time of submitting the application for extension of the sea area
using Form No. 12 attached to this Decree.”
21. Amendments to clause 3 Article
21:
“3. A report on the use of the sea
area up to the time of submitting the application for return of the sea area
using Form No. 12 attached to this Decree.”
22. Addition of Clause 4 Article
27:
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23. Amendments to point c clause 1
Article 27 and point d clause 1 Article 27:
a) Amendments to point c clause 1
Article 27:
“c) The conformity of the
exploitation and use of marine resources expected to be carried out with the
protection of the people’s right of access to sea in the sea area to be
assigned;”
b) Amendments to point d clause 1
Article 27:
“d) The conformity of the
exploitation and use of marine resources expected to be carried out with the
protection of the people’s right of access to sea in case of extension of
duration of assignment of the sea area.”
24. Amendments to point d clause 1
Article 28:
“d) Within 24 consecutive months
from the effective date of the decision on sea area assignment, the
organization or individual fails to use the sea area in part or in whole to
exploit and use marine resources, except for following cases: force majeure
events as prescribed by civil law; failure to pay the required amount for the use
of the sea area as prescribed by law and being fined for such violations;
transferring, mortgaging, contributing capital, leasing the right to use the
assigned sea area against the law.”
25. Amendments to clauses 1 and 6,
and addition of clause 7a Article 31:
a) Amendments to clause 1:
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b) Amendments to clause 6:
“6. Using the sea area to dump
dredged materials from the waters in front of wharves, floating docks, turning
basins, anchorage areas, transshipment areas, storm shelters, pilot embarkation
or disembarkation areas, phytosanitary inspection areas, navigational channels,
and other auxiliary maritime structures to serve public interests and other
maritime infrastructures invested by the state budget to serve public interests
with non-profit purposes.”
c) Addition of clause 7a:
“7a. Activities that are not
required procedures for assignment of the sea area in accordance with clause 1
Article 6a of this Decree; scientific research, measurement, monitoring,
investigation, exploration, and survey activities at sea in accordance with
Article 14a of this Decree.”
26. Addition of Clause 4 Article
32:
"4. The collection of fees for
the use of the sea area shall be based on the purpose of using the sea area in
accordance with the written permission for exploitation and use of marine
resources. In cases of using the sea area for multiple purposes as
prescribed in the written permission for exploitation and use of marine
resources, the fees for the use of the sea area for each specific purpose shall
be collected corresponding to each area of the assigned sea area."
27. Amendments to point b clause 3
and addition of clause 7 Article 35:
a) Amendments to point b clause 3:
“b) Deadline for making the
first fee payment: Within 30 days from the date on which the tax authority
signs the payment notice, the organization or individual shall fully pay the
fees payable in the year. From the second year onwards, the organization or
individual may choose between paying annually or biannually. If the
organization or individual chooses the former, fees shall be paid by the 31st
of May of the year;”
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“7. Determination of the fee for
the use of the sea area in other cases of assignment of the sea area
a) In cases where the duration of
assignment of the sea area is not a full year, the fee shall be determined by
multiplying the assigned sea area by the sea area usage fee rate prescribed in
Article 34 of this Decree at the time of fee calculation, dividing by 12
months, and then multiplying by the number of months for assignment of the sea
area;
b) In cases where the duration of
assignment of the sea area is not a full month, the fee shall be determined by
multiplying the assigned sea area by the sea area usage fee rate prescribed in
Article 34 of this Decree at the time of fee calculation, dividing by 365 days,
and then multiplying by the number of days for assignment of the sea area;
c) In cases where an organization
or individual is granted an extension for the duration for assignment of the
sea area, the fee to be paid shall be determined based on the sea area usage
fee rate at the time of the assignment multiplied by the assigned sea area, and
be specified in the Decision on assignment of the sea area.
In cases where an organization or
individual is granted an extension for the duration for assignment of the sea
area, the fee to be paid shall be determined based on the sea area usage fee
rate at the time of the assignment multiplied by the assigned sea area, and be
specified in the Decision on assignment of the sea area;
d) If an organization and
individual are allowed to keep and operate the constructions and devices within
the sea area although they has been fined for using the sea area without
permission from the competent authority, they must pay the sea area usage fee
from the date of issuance the administrative fine decision by the competent
state authority until the effective date of the decision on assignment of the
sea area after the competent authority assign the sea area. The sea area usage
fee rate in this case is VND 7.500.000 per hectare per year, and the sea area
to be charged for the fee is the area specified in the decision on assignment
of the sea area. After assigned the sea area, the organization or individual
must continue to pay the sea area usage fee in accordance with Article 34 of
this Decree;
dd) If an organization and
individual shall carry out procedures for assignment of the sea area,
recognition of the sea area, and pay the sea area usage fee in accordance with
Decree No. 51/2014/ND-CP dated May 21, 2024 of the Government on assignment of
certain sea areas to organizations and individuals for exploitation and use of
marine resources and this Decree but haven’t been assigned the sea area by
competent authority, they shall pay the sea area usage fee for the amount that
has not been paid during the period from July 15, 2014 (for cases where the sea
area was used before July 15, 2014) or from the start of using the sea area
(for cases where the sea area was used after July 15, 2014) until the effective
date of the decision on assignment of the sea area, excluding any unpaid
amounts that have been paid according to the administrative fine decision (if
any) and any amounts paid for land surface rent in accordance with land laws
(if any). The sea area usage fee rate in this case is VND 7.500.000 per hectare
per year, and the sea area to be charged for the fee is the area specified in
the decision on assignment of the sea area. After assigned the sea area, the
organization or individual must continue to pay the sea area usage fee in
accordance with Article 34 of this Decree;
e) The determination of the sea
area usage fee prescribed in points a, b, c, and d of this clause is a ground
for calculation of the sea area usage fee when the competent state authority
determines it, and sea area usage fee in case of extension of duration, return,
revocation of the sea area.”
28. Amendments to clause 1 Article
36:
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a) Within 10 days from the receipt
of the decision on assignment of the sea area issued by the competent state
authority, based on the amount of sea area usage fees specified in the decision
on assignment of the sea area, the Department of Taxation of the province where
the sea area is available shall issue a payment notice to the organization or
individual assigned the sea area;
b) In cases where a sea area is
within the jurisdiction of two or more coastal provinces or central-affiliated
cities, the Department of Taxation where the sea area usage is available shall
issue a payment notice corresponding to the portion of the sea area within the
jurisdiction of each province or central-affiliated city;
c) No later than April 30th of each
year, the tax authority shall issue a payment notice of sea area usage fees for
the following years to organizations and individuals who are required to pay
sea area usage fees on an annual payment basis.
No later than 30 days before the
deadline for paying the sea area usage fees, the tax authority shall issue a
payment notice of the next usage period to organizations and individuals who
are required to pay sea area usage fees on a one-time payment basis within a
5-year period.
The collection of the fees for
using sea area for dumping activities shall be in accordance with clause 6
Article 35 of this Circular.”
29. Amendments to clause 4 Article
39:
“4.Determine, announce, correct the
mean lower low water line observed over a period of several years of the
mainland and largest islands in island districts; outer boundaries of
03-nautical mile and 06-nautical mile waters in accordance with the law.”
30. Amendments to clause 1 Article
42:
“1. After granting written
permission for exploitation and use of marine resources, the competent state
authority shall send a copy of such permission to the competent authorities in
charge of assignment of the sea area in accordance with Article 8 of this
Decree."
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1. Supplementation, replacement,
annulment of some articles of Decree No. 40/2016/ND-CP dated May 15, 2016 of
the Government detailing the implementation of some articles of the Law on
Resources and Environment of Seas and Islands
a) The phrase “authorities
prescribed in clause 1 Article 55 of this Decree” is replaced with the phrase
“application-processing authorities prescribed in clause 2 Article 55 of this
Decree” in points a and c clause 2, points a and c clause 3 Article 58, clause
2 Article 59; The phrase “General Department of Vietnam’s Sea and Islands” is
replaced with the phrase “Vietnam Administration of Seas and Islands", the
phrase “Director General of Vietnam’s Sea and Islands” is replaced with the
phrase “Director General of Vietnam Administration of Seas and Islands” in Form
No. 12 and No. 13 of Appendix attached to Decree No. 40/2016/ND-CP dated May
15, 2016 of the Government detailing the implementation of some articles of the
Law on Resources and Environment of Seas and Islands;
The phrase "Ministry of
Natural Resources and Environment” is replaced with the phrase “Ministry of
Agriculture and Environment" in clauses 1 and 2 Article 3; Article 4;
clause 3 Article 5; clauses 1 and 3 Article 6; clauses 1 and 3 Article 7;
clauses 1 and 2 Article 14; clause 4 Article 15; point a clause 3 Article 16;
point b clause 2 Article 17; clause 1 Article 23; Article 24; Article 25;
clause 1 Article 2; clause 2, point a clause 3 Article 27; Article 28; clause 2
Article 29; clause 1 Article 30; clause 1 Article 31; clause 3 Article 34;
Article 36; Article 42; clause 1 Article 46; clauses 1 and 2, points b and c,
clauses 4 and 5, Article 62; clauses 1, 2 and 5, points a and d, clause 11,
Article 63; clause 1, points a, b and c, clause 2, points and c, clause 3,
Article 67; clauses 1, 2 and 4, Article 68; clause 1 Article 71 and in Form No.
04, No. 05, No. 07, No. 08, No. 12, No. 13 of Appendix attached to Decree No.
40/2016/ND-CP dated May 15, 2016 of the Government detailing the implementation
of some articles of the Law on Resources and Environment of Seas and Islands.
The phrase "Department of
Natural Resources and Environment” is replaced with the phrase “Department of
Agriculture and Environment" in clause 1 Article 31; clauses 1 and 2
Article 34; clause 2 Article 35; Article 38; clause 2 Article 39; point b
clause 1 Article 55 and in Form No. 12, No. 13 of Appendix attached to Decree
No. 40/2016/ND-CP dated May 15, 2016 of the Government detailing the
implementation of some articles of the Law on Resources and Environment of Seas
and Islands.
The phrase "Ministry of
Transport” is replaced with the phrase “Ministry of Agriculture and
Environment" in clause 4 Article 63; clause 6 Article 64; clause 4 Article
66.
The phrase "Ministry of
Agriculture and Rural Development” is replaced with the phrase “Ministry of
Agriculture and Environment" in clause 3 Article 63; clause 3 Article 64;
clause 3 Article 66.
The phrase "Ministry of
Planning and Investment” is replaced with the phrase “Ministry of Finance"
in clause 5 Article 63; clause 9 Article 64; clause 6 Article 66.
The phrase "Ministry of
Planning and Investment” in clause 1 Article 25; clause 2 Article 28 is
annulled;
b) Articles 9, 10, 11 and 12 are
annulled; point d clause 1 and point dd clause 5 Article 54 are annulled;
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d) Form No. 11 in Appendix attached
to Decree No. 40/2016/ND-CP dated May 15, 2016 of the Government detailing the
implementation of some articles of the Law on Resources and Environment of Seas
and Islands are adjusted and supplemented.
2. Supplementation, replacement,
annulment of some articles of Decree No. 11/2021/ND-CP dated February 10, 2021
of the Government on assignment of certain sea areas to organizations and
individuals for exploitation and use of marine resources
a) The phrase "Prime Minister”
in point d clause 4 Article 5, in the beginning paragraph of clause 2 Article
16, point a clause 1 and point a clause 2 Article 25, clause 3 Article 30,
point a clause 2 Article 34 is annulled; The phrase "or returning a part
of the sea area" in Form No. 07 is annulled; The phrase "land
reclamation” in point c clause 1 Article 34 is annulled; The phrase “installing
telecommunications cables” in point d clause 1 Article 34 is annulled;
b) The phrase “diagram of the sea
area” is replaced with the phrase “map of the sea area” in clause 2
Article 2, point d clause 1 Article 15, point c clause 3 Article 15, clause 4
Article 17, clause 4 Article 21, clause 1 Article 37; The phrase “diagram of
the sea area using Form No. 09” is replaced with the phrase “map of the sea
area using Form No. 05” in clause 3 Article 10.
The phrase "original” is
replaced with the phrase “original or certified copy or electrical copy"
in clause 2 Article 19; clause 2 Article 21; clause 2 Article 23.
The phrase “copy” is replaced with
the phrase “copy and electrical copy” in Article 15; The phrase “General
Department of Vietnam’s Sea and Islands” is replaced with the phrase “Vietnam
Administration of Seas and Islands" in point a clause 2 Article 25; The
phrase “Director General of Vietnam’s Sea and Islands” is replaced with the
phrase “Director General of Vietnam Administration of Seas and Islands” in Form
No. 07 and No. 08 in Appendix attached to Decree No. 11/2021/ND-CP dated
February 10, 2021 of the Government on assignment of certain sea areas to
organizations and individuals for exploitation and use of marine resources.
The phrase "Department of
Natural Resources and Environment” is replaced with “Department of Agriculture
and Environment" in points 1 and 3 Article 3; points d and dd clause 4
Article 5; clause 2 Article 16; point a clause 1, point a clause 2 Article 25;
clause 3 Article 30; points a and c, clause 2 and clauses 4 and 5, Article 34;
title of Article 39; clause 5 Article 40; Form No. 02, No. 03, No. 04, No. 07,
No. 08 attached to Decree No. 11/2021/ND-CP dated February 10, 2021 of the
Government on assignment of certain sea areas to organizations and individuals
for exploitation and use of marine resources.
The phrase "Department of
Natural Resources and Environment” is replaced with the phrase “Department of
Agriculture and Environment" in point a clause 4 Article 5; point b clause
1, point b clause 2 Article 25 and Form No. 07, No. 08 attached to Decree No.
11/2021/ND-CP dated February 10, 2021 of the Government on assignment of
certain sea areas to organizations and individuals for exploitation and use of
marine resources.
The phrase "Department of
Natural Resources and Environment, Department of Agriculture and Rural
Development” is replaced with the phrase “Department of Agriculture and
Environment" in point e clause 4 Article 5.
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c) The phrase “during processing
applications for assignment of the sea area” is added after the phrase "as
prescribed in points a, b and c of this clause" in points d, dd and e,
clause 4 Article 5;
dd) Forms No. 01, No. 05, No. 06,
No. 10 are adjusted and supplemented; Form No. 12 (Periodic report on the use
of the sea area), Form No. 13 (Report on the results of the scientific
research, measurement, monitoring, investigation, exploration, and survey
activities at sea), Form No. 14 (Explanatory document for activities within sea
area), Form No. 15 (Explanatory document for scientific research, measurement,
monitoring, investigation, exploration, and survey activities at sea) are added
to the Appendix of Decree No. 11/2021/ND-CP dated February 10, 2021 of the
Government on assignment of certain sea areas to organizations and individuals
for exploitation and use of marine resources.
dd) Clause 4 Article 6, clause 4
Article 9, clause 8 Article 31, clause 3 Article 41, clause 2 Article 42 are
annulled;
e) Form No. 09 (The map of the sea
area assigned to organization and individual) and Form No. 11 (Notification on
collection of sea area usage fee) are annulled.
Article 4.
Responsibilities for implementation
Ministers , Heads of ministerial
authorities, Heads of governmental authorities, Chairpersons of People's
Committees of provinces and central-affiliated cities are responsible to
implement this Decree.
Article 5.
Implementation
1. This Decree comes into force
from May 02, 2025.
2. Clause 2 Article 27a of Decree
No. 162/2013/ND-CP dated November 13, 2013 of the Government on penalties for
administrative violations committed within the territorial waters, islands and
continental shelf of the Socialist Republic of Vietnam is annulled; is amended
in Decree No. 37/2022/ND-CP dated June 06, 2022 of the Government on amendments
to some articles of Decrees on penalties for administrative violations in the
field of national defense and cipher; management and protection of national
borders; within the territorial waters, islands and continental shelf of the
Socialist Republic of Vietnam.
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In cases where the mean lower low
water line observed over a period of several years of the islands has not been
determined and announced by the competent authority in accordance with the law,
the lowest mean lower low water line at the time of land inventory approval by
the competent authority in accordance with the law shall be used to determine
the scope of sea areas and waters.
4. Transitional provisions of
Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on
assignment of certain sea areas to organizations and individuals for
exploitation and use of marine resources
a) When the mean lower low water
line observed over a period of several years, outer boundaries of 03-nautical
mile, or 06-nautical mile waters are adjusted in accordance with the law, if
organizations and individuals assigned the sea area by the competent state
authority wish to return the sea area; extend, adjust the decision on
assignment of the sea area, the determination of competent authority and sea
area usage fee rate shall be implemented according to the adjusted outer boundaries
of 03-nautical mile, or 06-nautical mile waters;
b) Province-level People’s
Committees shall review the mean lower low water line observed over a period of
several years, which has been announced, determined, proposed to the Ministry
of Agriculture and Environment for consideration, correction, amendment, update
on the mean lower low water line observed over a period of several years of the
mainland and largest islands in island districts;
c) In cases where the
administrative boundaries at sea have not been approved and issued by the
competent state authority, the determination of sea areas within jurisdiction
of the district-level and province-level People's Committees, and the
determination of inter-regional sea areas within the jurisdiction of two or
more coastal provinces and central-affiliated cities are based on the agreement
protocol on the delineation of administrative boundaries at sea between coastal
districts, provinces, and central-affiliated cities in accordance with Decision
No. 513/QD-TTg dated May 2, 2012 of the Prime Minister approving the project
"Completing, modernizing the administrative boundary map and database
regarding administrative boundaries"; In cases where the boundaries
between coastal provinces and central-affiliated cities have not been uniformly
agreed upon, the sea area bordering the unilaterally agreed-upon area is
determined as an inter-regional sea area. In the event of investment projects
beyond the 06-nautical mile waters where the responsibility for administrative management
at sea by the province-level People's Committee has not been determined, the
sea area is under the jurisdiction of the Ministry of Agriculture and
Environment.
d) Organizations and individuals
who have submitted applications for the assignment, recognition, or return of
sea areas; extension, or supplementation of decisions on sea area assignment
before the effective date of this Decree but have not received a result to the
administrative procedures shall continue to follow the procedures, and jurisdiction
in accordance with Decree No. 11/2021/ND-CP dated February 10, 2021 of the
Government on assignment of certain sea areas to organizations and individuals
for exploitation and use of marine resources and other amended regulations in
this Decree;
dd) For activities using sea areas
that do not require the procedures for assignment of the sea area prescribed in
Article 6a of Decree No. 11/2021/ND-CP dated February 10, 2021 of the
Government on the assignment of sea areas for organizations and individuals to
exploit and utilize marine resources. If an organization or individual has
submitted an application for the assignment, recognition, or return of a sea
area; extension or supplementation of a decision on sea area assignment before
the effective date of this Decree but has not received a result, the
application-receiving authority shall notify in writing the return of the
application.
For activities using sea areas that
do not require the procedures for assignment of the sea area prescribed in
Article 6a of Decree No. 11/2021/ND-CP dated February 10, 2021 of the
Government on the assignment of sea areas for organizations and individuals to
exploit and utilize marine resources. If an organization or individual has been
issued a decision on the assignment of a sea area by the competent state
authority, they are not required to pay for the use of the sea area from the
effective date of this Decree.
e) Documents and proposals for
scientific research, measurement, monitoring, investigation, exploration, and survey
activities at sea submitted by organizations and individuals to the competent
state authority for approval before the effective date of this Decree but have
not yet been approved must be reviewed and completed to be considered for the
assignment of sea areas in accordance with this Decree.
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ON
THE BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Hong Ha