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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

Hanoi, October 29, 2021

 

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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