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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 11/2021/ND-CP
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Hanoi, February 10, 2021
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DECREE
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 June
19, 2015; Law on Amendments to the Law on Government Organization and Law on
Local Government Organization dated November 22, 2019;
Pursuant to the Law of the Sea of Vietnam 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;
Pursuant to the Law on Amendments to some Articles
concerning planning of 37 Laws dated November 20, 2018;
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The Government hereby promulgates a Decree on assignment of
certain sea areas to organizations and individuals for exploitation and use of
marine resources.
Chapter I
GENERAL PROVISIONS
Article 1. Scope and regulated
entities
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 according to the written
permission for exploitation and use of marine resources granted by the
competent authority to organizations and individuals in accordance with
regulations of law.
b) The use of sea areas for national defense and security
purposes is not covered by this Decree.
2. Regulated entities
This Decree applies to regulatory bodies, organizations and
individuals involved in assignment of sea areas for exploitation and use of
marine resources.
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For the purposes of this Decree, the terms below shall be
construed as follows:
1. “assignment of sea area(s)” means a competent authority
deciding to permit an organization or individual to use one or more certain sea
areas (hereinafter referred to as “sea areas”) for a given period of time in
order to exploit and use marine resources.
2. “sea area assigned to an organization or individual”
means a part of Vietnam’s territorial waters whose location, coordinate,
boundary, size and depth are determined by one or more components including sea
surface, seawater column, seabed and subsoil determined and presented on a sea
area map.
3. “inter-regional sea area” means a sea area which lies
within two coastal provinces or central-affiliated cities or more or partially
lies within and outside a 06-nautical mile waters.
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 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.
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 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.
6. “written permission for exploitation and use of marine
resources” granted by a competent authority to an organization or individual as
prescribed by law means:
a) The license to exploit and use marine resources issued to
the organization or individual in accordance with special legislation;
b) In case the special legislation does not prescribe form
of the license, the written permission means one of the following documents:
investment certificate, investment registration certificate prescribed by law;
decision issued by a competent authority on conversion from inshore fishing to
aquaculture in accordance with the law on fisheries or written confirmation
issued by the communal People’s Committee that the Vietnamese individual
permanently residing in the commune has his/her major incomes earned from
aquaculture; a document issued by a competent authority that permits the
organization or individual to perform science and technology tasks; another
document that permits the organization or individual to exploit and use marine
resources as prescribed by law.
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1. Boundary of a sea area is determined by a closed line
consisting of straight line segments connecting corner closure points with
specific coordinates and shown on the bathymetric map published by the Ministry
of Natural Resources and Environment with an appropriate scale.
2. Size of the sea area assigned to the organization or
individual shall be considered and decided in each specific case on the basis
of the following factors:
a) The organization’s or individual’s demand for use of the
sea area specified in application form for assignment of the sea area or
investment project;
b) Area reserved for exploitation and use of marine
resources under the written permission for exploitation and use of natural
resources granted by the competent authority;
c) A report on appraisal of the application for assignment
of the sea area prepared by the competent authority;
d) Safety corridors of works and equipment (if any) under
the special legislation.
3. The Ministry of Natural Resources and Environment 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 mainland and largest islands in island districts.
Article 4. Rules for assigning a sea
area
1. Maintain national defense, security and sovereignty,
protect sovereign rights, jurisdiction and maritime interests and conformity
with international treaties to which Vietnam is a signatory.
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3. Ensure the conformity with the national marine spatial
planning; comprehensive planning for sustainable exploitation and use of
coastal resources.
4. Protect interests of organizations and individuals
entitled to legally exploit and use marine resources; protect the people’s
right of access to sea.
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.
Article 5. Bases for assigning a sea
area
1. The organization or individual’s demand for use of the
sea area for exploitation and use of marine resources.
2. Written permission for exploitation and use of marine
resources granted by a competent authority to the organization or individual as
prescribed by law.
3. The national marine spatial planning; comprehensive
planning for sustainable exploitation and use of coastal resources.
If the national marine spatial planning; the comprehensive
planning for sustainable exploitation and use of coastal resources is not
available or has been approved but fails to show the sea area to be assigned,
the assignment of the sea area shall be based on one of the plannings approved
by the competent authority in the following order of priority:
a) National sector planning;
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c) Provincial planning;
d) Special administrative - economic unit planning;
dd) Technical and specialized planning.
If the abovementioned plannings are not available, the
determination of location, boundary and size in service of sea area assignment
shall comply with Clause 4 of this Article.
4. The determination of location, boundary and size in
service of sea area assignment in the case where the plannings in Clause 3 of
this Article are not available shall comply with the following requirements:
a) The sea area to be used for exploitation and use of
marine resources shall ensure that the exploitation and use of marine resources
do not affect national defense and security-related activities, sovereignty,
sovereign rights, jurisdiction and national maritime interests; does not the
fulfillment of the obligations specified in relevant international treaties to
which the Socialist Republic of Vietnam is a signatory;
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, aquatic resources, human health and potential
for national economic development as prescribed by law;
c) The sea area to be used shall ensure that the
exploitation and use of marine resources do not affect safety upon using
seaports, navigational channels, petroleum installations, electrical and optical marine cables,
co-management of aquatic resources by community organizations and legal
exploitation and use of natural resources by organizations and individuals as
prescribed by law.
d) The Ministry of Natural Resources and Environment shall
determine the location, boundary and size of the sea area which is assigned by
the Prime Minister and the Ministry of Natural Resources and Environment after
collecting comments of the Ministry of National Defense, the Ministry of Public
Security, the Ministry of Foreign Affairs, other ministries and People's
Committees of provinces concerned about the regulations set out in Points a, b
and c of this Clause;
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e) The People’s Committee of the coastal district shall
determine the location, boundary and size of the sea area which is assigned by
the district after collecting comments of the Department of Natural Resources
and Environment, the Department of Agriculture and Rural Development,
provincial army and police authorities and organizations concerned about the
regulations set out in Points a, b and c of this Clause.
Article 6. Duration of assignment
and recognition of sea areas
1. Time limit for using a sea area:
a) Except for the case in Point b of this Clause, the
duration of assignment of a sea area (hereinafter referred to as "the
assignment duration" shall be considered and decided for each specific
case on the basis of the application for sea area assignment, investment
project and time limit specified in the written permission for exploitation and
use of marine resources granted by the competent authority but must not exceed
30 years;
b) Regarding the investment project whose investment
guidelines have been approved or decided by a competent 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”);
c) The assignment duration may be extended for multiple
times but the total extended period must not exceed 20 years.
2. In the cases where the assignment duration specified in
Clause 1 of this Article expires and the organization or individual wishes to
continue using the sea area, such organization or individual may be assigned
the sea area as prescribed in this Decree if the following conditions are met:
a) The written permission for exploitation and use of marine
resources remains effective;
b) The use of the sea area still conforms to the planning as
prescribed in Clause 3 Article 5 of this Decree.
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4. The duration of assignment of a sea area for land
reclamation shall be considered on the basis of the land reclamation plan of
the approved investment project. The organization or individual assigned the
sea area for land reclamation in service of project execution is entitled to
use the area of land formed after the land reclamation in accordance with
regulations of law on land.
Article 7. Rights and obligations of
organizations and individuals assigned sea areas
1. An organization or individual assigned a sea area has the
right to:
a) Use the sea area for exploitation and use of marine
resources according to the decision on sea area assignment;
b) Extend assignment duration or amend the decision on sea
area assignment or decision on sea area return;
c) Use information and data related to the assigned sea area
as prescribed by law;
d) Receive compensation when a competent authority
expropriates the sea area to serve national defense and security purposes and
national and public interests as prescribed by law;
dd) File a complaint or lawsuit when legitimate rights and
interests of the organization or individual are infringed upon;
e) Exercise other rights as prescribed by law.
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a) Use the assigned sea area for its intended uses and with
the boundary, size, depth, height and duration specified in the decision on sea
area assignment; do not infringe the sea; do not violate the planning approved
by the competent authority;
b) Do not carry out activities that affect national defense,
security, sovereignty, sovereign rights, jurisdiction and national maritime
interests; do not cause environmental pollution and destroy marine environment
and marine ecosystems; do not affect or obstruct maritime traffic; do not
obstruct inspection, examination, baseline survey, scientific research, survey,
exploration, exploitation and use of marine resources and environment and other
legal activities permitted by competent authorities to be carried out within
Vietnam’s territorial waters;
c) Protect marine environment; annually report the use of
assigned sea areas to the competent that has the power to assign the sea area
(hereinafter referred to as “the assigning authority”); do not provide
information about the sea area in contravention of the law;
d) Pay sea area usage fees in accordance with the law; only
use the sea area after fulfilling all financial obligations as prescribed;
prior to using the sea area, notify the assigning authority for on-site
assignment of the sea area;
dd) Do not transfer the right to use the assigned sea area,
except for the case in Clause 3 of this Article;
e) Do not exploit and use marine resources in the sea area
when the competent authority has yet to assign the sea area;
g) Comply with the decision on expropriation of the assigned
sea area issued by the competent authority;
h) Fulfill other obligations as prescribed by law.
3. Organizations and individuals assigned a sea area for
aquaculture have the rights and obligations mentioned in Clauses 1 and 2 of
this Article and in Articles 46 and 47 of the Law on Fisheries.
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ASSIGNMENT, RECOGNITION
AND RETURN OF SEA AREAS; EXTENSION OF ASSIGNMENT DURATION AND AMENDMENT OF
DECISIONS ON SEA AREA ASSIGNMENT
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 Prime Minister shall decide to assign sea areas to
organizations and individuals to execute projects on investment in exploitation
and use of marine resources subject to approval for or decision on their investment
guidelines by the National Assembly and Government, except for assignment of
sea areas for sea dumping and aquaculture.
2. The Ministry of Natural Resources and Environment shall
decide to assign sea areas in the following cases except for the case in Clause
1 of this Article:
a) The sea areas assigned to organizations and individuals
to execute projects on investment in exploitation and use of marine resources
subject to approval for or decision on their investment guidelines by the Prime
Minister;
b) Inter-regional sea areas; 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 specified in Clause 3
Article 3 of this Decree;
c) Sea areas of which the assignment is requested by foreign
investors and foreign-invested business entities for execution of projects on
investment in exploitation and use of marine resources.
3. People’s Committees of coastal provinces shall decide to
assign 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 specified in Clause 3 Article 3 of this Decree, except for the cases in
Clauses 1, 2 and 4 of this Article.
4. People’s Committees of coastal districts shall decide to
assign Vietnamese individuals sea areas for aquaculture purpose as specified 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 as specified in Clause 3
Article 3 of this Decree.
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5. The 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.
Article 9. Assignment of sea areas
1. The assignment of a sea area may be considered if the
following conditions are met:
a) The organization or individual has been granted the
written permission for exploitation and use of marine resources in the sea area
to be assigned;
b) The sea area to be assigned conforms to the planning as
prescribed in Article 5 of this Decree;
c) The organization or individual has submitted a sufficient
application for sea area assignment specified in Article 15 of this Decree to
the receiving authority.
2. The assignment of the sea area to the organization or
individual for exploitation and use of marine resources must be documented in
the decision on sea area assignment according to the Form No. 06 enclosed
herewith.
3. The decision on sea area assignment contains the
following main contents:
a) Name and address of the organization or individual
assigned the sea area;
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c) Location, boundary and size of the sea area;
d) Depth; height of the work or equipment permitted for use
(if any);
dd) Assignment duration;
e) Method of payment of sea area usage fees; sea area usage
fees payable;
g) Obligations of the organization or individual assigned
the sea area;
h) Entry into force.
i) Other relevant contents.
4. Scientific research activities by Vietnamese
organizations and individuals (except for the scientific research activities
requiring the use of fixed sea areas and scientific research activities
conducted by foreign organizations and individuals within Vietnam’s territorial
waters); measurement, monitoring, investigation, survey and assessment of
marine resources; fishing and remedying of consequences caused by natural
disasters and environmental emergencies at sea are not subject to assignment of
sea areas. Within its power to assign sea areas, the competent authority
specified in Article 8 of this Decree shall consider granting written approval
for locations, boundaries, size, coordinates, depth and duration of sea areas
in order for Vietnamese organizations and individuals to carry out scientific
research activities; measurement, monitoring, investigation, survey and
assessment of marine resources.
Article 10. Recognition of sea areas
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2. If an organization or individual was granted the written
permission for exploitation and use of marine resources by the competent
authority as prescribed by law before July 15, 2014 and is using the sea area
but has not been issued with the decision on land allocation or lease of
coastal land with water surface or seawater surface or sea area assignment as
prescribed by law, they shall submit a sufficient application for sea area
recognition as prescribed in Article 17 hereof. The recognition shall be
documented in a decision on sea area assignment and the assignment duration is
the remaining effective period of the written permission for exploitation and
use of marine resources.
If an organization or individual was granted the written
permission for exploitation and use of marine resources by the competent
authority as prescribed by law after July 15, 2014, they shall submit an
application for sea area assignment as prescribed in Article 15 hereof.
3. Regarding an organization or individual that is using the
sea area in the case specified in Clause 1 of this Article but has not yet
applied for sea area recognition, the competent authority specified in Point b
Clause 2 Article 25 hereof shall update and verify information including name
of the organization or individual using the sea area; location, boundary, size,
depth, uses of the sea area and remaining assignment duration, and make a sea
area diagram according the Form No. 09 hereof and prepare a dossier for
management purpose.
Article 11. Extension of assignment
duration
1. The extension of sea area assignment may be considered if
the following conditions are met:
a) The written permission for extraction and use of marine
resources remains effective or is extended by a competent authority;
b) The organization or individual uses the sea area for its
intended uses; fully complies with regulations of law on environmental
protection as prescribed by law;
c) The organization or individual has fully fulfilled
financial obligations and other obligations as prescribed by law by the time of
applying for extension;
d) The organization or individual has submitted a sufficient
application for extension of sea area assignment specified in Article 19 of
this Decree to the receiving authority when the decision on sea area assignment
remains effective.
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Article 12. Return of sea areas
1. Any organization or individual that obviates the need for
the assigned sea area is entitled to return it in part or in whole.
2. If an organization or individual makes a request for
total return of a sea area, the return shall be documented in a decision on
permission for sea area return according to the Form No. 07 enclosed herewith.
3. If an organization or individual makes a request for
partial return of a sea area, the return shall be documented in a new decision
on assignment of the remaining part of the sea area.
4. The organization or individual that makes a request for
sea area return shall submit a sufficient application as specified in Article
21 of this Decree to the receiving authority when the decision on sea area
assignment remains effective.
5. The organization or individual returning the sea area
shall take measures for environmental remediation in the assigned sea area to
be return; shall fulfill all financial obligations and other obligations as
prescribed by law.
6. The organization or individual assigned a sea area for
exploitation of non-renewable resources is not permitted to return it in part.
Article 13. Amendment to the
decision on sea area assignment
1. A decision on sea area assignment may be amended in the
following cases:
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b) The ownership of the organization or individual assigned
the sea area is changed if the individual or owner of the sole proprietorship
or owner of the single-member limited liability company is dead and has an
heir;
c) The organization or individual assigned the sea area
makes a transfer of the investment project associated with the sea area use
right 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;
dd) Contents of the science and technology task serving
aquaculture and other science and technology tasks that require the use of the
fixed sea area are changed resulting in the change of contents of the decision
on sea area assignment.
2. The organization or individual shall submit a sufficient
application for amendment to the decision on sea area assignment specified in
Article 23 of this Decree to the receiving authority.
3. By the time of applying for amendment to the decision on
sea area assignment, the organization or individual assigned the sea area has
fully fulfilled the obligations under the law and the decision on sea area
assignment remains effective.
4. The amendment to the decision on sea area assignment
shall be documented in a new decision on sea area assignment. The assignment
duration is the remaining effective period of the previous decision on sea area
assignment.
5. In the case specified in Point c Clause 1 of this
Article, before following the procedures for transfer of the investment project
associated with the sea area use right or change of the investor, full
division, partial division, consolidation or merger of an enterprise, the
organization or individual assigned the sea area shall send a written request
for opinions to the assigning authority specified in Article 8 of this Decree.
Article 14. Use of sea areas for sea
dumping
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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 competent authority 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.
2. The organization or individual assigned the sea area for
sea dumping has the responsibility to pay sea area usage fees in a lump sum.
Article 15. Applications for sea
area assignment
1. An application for sea area assignment includes:
a) An application form for sea area assignment, which is
made using the Form No. 01 enclosed herewith;
b) A copy of the written permission for exploitation and use
of marine resources, which is granted by the competent authority;
c) A copy of one of the following documents: decision on
approval for environmental impact assessment report, written confirmation of
the environmental protection plan, commitment to environmental protection,
detailed or simple environmental protection project of the project in
accordance with the law on environmental protection (if prescribed);
d) A diagram of the sea area showing the coordinates of the
corner points of the sea area, which is made using the Form No. 05 enclosed
herewith.
2. An application for assignment of a sea area for
aquaculture submitted by a Vietnamese individual as prescribed in Point a
Clause 2 Article 44 of the Law on Fisheries includes:
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b) A copy of one of the following documents: family
register, ID card or Citizen ID card or personal identification number;
c) A copy of the document issued by a competent authority
that permits the individual to convert from inshore fishing to aquaculture as
prescribed by the law on fisheries or written confirmation issued by the
communal People’s Committee that the Vietnamese individual permanently residing
in the commune has his/her major incomes earned from aquaculture.
3. An application for assignment of a sea area for
performance of a science and technology task includes:
a) An application form for sea area assignment, which is
made using the Form No. 01 enclosed herewith;
b) A copy of the written permission for performance or
assignment of the science and technology task or decision on approval for the
description or outline of the science and technology task performed in service
of aquaculture and other science and technology tasks requiring the use of fix
sea area;
c) A diagram of the sea area showing the coordinates of the
corner points of the sea area, which is made using the Form No. 05 enclosed
herewith.
Article 16. Procedures for
processing the application for sea area assignment
1. Receipt of the application:
a) The applicant shall submit 01 application as prescribed
in Article 15 hereof to the receiving authority prescribed in Article 25
hereof; the receiving authority shall prepare an appointment note according to
the Form No. 10 enclosed herewith;
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c) After receiving a satisfactory application, the receiving
authority shall transfer it to the appraising authority.
2. Appraisal of the application:
Within 45 working days in the case of the sea area to be
assigned by the Prime Minister, Ministry of Natural Resources and Environment
or provincial People’s Committee; within 30 working days in the case of the sea
area to be assigned by the district-level People’s Committee, from the receipt
of the satisfactory application, the appraising authority shall:
a) Complete the appraisal according to Clause 1 Article 27
of this Decree. The appraisal result shall be documented;
b) determine the sea area usage fees and other obligations
that must be fulfilled by the applicant;
c) The Ministry of Natural Resources and Environment shall
preside over sending a written request for opinions to the Ministry of National
Defense, Ministry of Public Security, Ministry of Foreign Affairs and People's
Committee of the province where the sea area is available and relevant authorities
in the case mentioned in Clause 1 Article 8 hereof; and to the Ministry of
National Defense, Ministry of Public Security and People's Committee of the
province where the sea area is available in the case mentioned in Clause 2
Article 8 hereof. The provincial People’s Committee shall send a written
request for opinions to the Ministry of National Defense, Ministry of Public
Security, Ministry of Foreign Affairs, Ministry of Natural Resources and
Environment, provincial army and police authorities, and relevant organizations
in the case mentioned in Clause 3 Article 8 hereof. Within 15 working days from
the receipt of the written request for opinions, the authority whose opinions
are sought shall give a written response. The period of opinion collection shall
not be included in the appraisal time;
d) Where necessary, the appraising authority shall request a
competent authority to decide to establish an Appraisal Council; carry out a
site inspection. The site inspection shall be conducted within 10 working days.
The period of such site inspection shall not be included in the appraisal time.
3. Submission and processing of the application:
a) Within 03 working days from the end of the appraisal, the
appraising authority shall submit the application to the assigning authority;
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4. Notification and return of application processing result:
Within 02 working days from the receipt the result, the
receiving authority shall:
a) notify the applicant so that such applicant can receive
result and fulfill related obligations as prescribed;
b) send the decision on sea area assignment to the
Department of Taxation of the province where the sea area is available to issue
a notice of payment of sea area usage fees.
Article 17. Applications for sea
area recognition
An application for sea area recognition consists of:
1. An application form for sea area recognition, which is
made using the Form No. 01 enclosed herewith.
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
(if any); written permission for exploitation and use of marine resources (if
any) granted by the competent authority.
3. A report on the use of the sea area, environmental
protection and fulfillment of financial obligations by the organization or
individual by the time of application.
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Article 18. Procedures for
processing the application for sea area recognition
1. Receipt of the application:
a) The applicant shall submit 01 application as prescribed
in Article 17 hereof to the receiving authority prescribed in Article 25
hereof, the receiving authority shall prepare an appointment note according to
the Form No. 10 enclosed herewith;
b) Within 03 working days from the receipt of the
application, the receiving authority shall inspect it. If the application is
not satisfactory, the receiving shall instruct the applicant in writing to
complete it;
c) After receiving a satisfactory application, the receiving
authority shall transfer it to the appraising authority.
2. Appraisal of the application:
Within 10 working days from the receipt of the sufficient
application, the appraising authority shall:
a) complete the appraisal according to Clause 2 Article 27
of this Decree. The appraisal result shall be documented;
b) determine the sea area usage fees and other obligations
that must be fulfilled by the applicant;
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3. Submission and processing of the application:
a) Within 03 working days from the end of the appraisal, the
appraising authority shall submit the application to the authority that has the
power to recognize the sea area;
b) Within 05 working days from the date on which the
appraising authority submits the application, the authority that has the power
to recognize the sea area shall consider issuing a decision on sea area
assignment. In case of rejection of the application, a written explanation
shall be provided.
4. Notification and return of application processing result:
Within 02 working days from the receipt the result, the
receiving authority shall:
a) notify the applicant so that such applicant can receive
result and fulfill related obligations as prescribed;
b) send the decision on sea area assignment to the
Department of Taxation of the province where the sea area is available to issue
a notice of payment of sea area usage fees (in the case where the payment of
sea area usage fees is required).
Article 19. Applications for
extension of assignment duration
An application for extension of assignment duration consists
of:
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2. An original of the issued decision on sea area
assignment.
3. A copy of the extended or unexpired written permission
for extraction and use of marine resources granted by the competent authority.
4. A report on the use of the sea area, environmental
protection and fulfillment of financial obligations by the organization or
individual by the time of application.
Article 20. Procedures for
processing the application for extension of assignment duration
1. Receipt of the application:
a) The applicant shall submit 01 application as prescribed
in Article 19 hereof to the receiving authority prescribed in Article 25
hereof, the receiving authority shall prepare an appointment note according to
the Form No. 10 enclosed herewith;
b) Within 03 working days from the receipt of the
application, the receiving authority shall inspect it. If the application is
not satisfactory, the receiving shall instruct the applicant in writing to
complete it;
c) After receiving a satisfactory application, the receiving
authority shall transfer it to the appraising authority.
2. Appraisal of the application:
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a) complete the appraisal according to Clause 2 Article 27
of this Decree. The appraisal result shall be documented;
b) determine the sea area usage fees and other obligations
that must be fulfilled by the applicant;
c) Where necessary, the appraising authority shall request a
competent authority to decide to establish an Appraisal Council; send a written
request for opinions to relevant authorities; carry out a site inspection (the
site inspection shall be conducted within 10 working days). Within 15 working
days from the receipt of the written request for opinions, the authority whose
opinions are sought shall give a written response. The period of opinion
collection and site inspection shall not be included in the appraisal time.
3. Submission and processing of the application:
a) Within 03 working days from the end of the appraisal, the
appraising authority shall submit the application to the authority that has the
power to extend assignment duration;
b) Within 05 working days from the date on which the
appraising authority submits the application, the authority that has the power
to extend assignment duration shall consider issuing a decision on sea area
assignment. In case of rejection of the application, a written explanation
shall be provided.
4. Notification and return of application processing result:
Within 02 working days from the receipt the result, the
receiving authority shall:
a) notify the applicant so that such applicant can receive
result and fulfill related obligations as prescribed;
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Article 21. Applications for sea
area return
An application for sea area return consists of:
1. An application form for sea area return, which is made
using the Form No. 03 enclosed herewith.
2. An original of the issued decision on sea area
assignment.
3. A report on the use of the sea area, environmental
protection and fulfillment of financial obligations by the organization or
individual by the time of application.
4. A diagram of the remaining part of the sea area after the
partial return of the sea area (in the case of partial return of the sea area).
Article 22. Procedures for
processing the application for sea area return
1. Receipt of the application:
a) The applicant shall submit 01 application as prescribed
in Article 21 hereof to the receiving authority prescribed in Article 25
hereof, the receiving authority shall prepare an appointment note according to
the Form No. 10 enclosed herewith;
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c) After receiving a satisfactory application, the receiving
authority shall transfer it to the appraising authority.
2. Appraisal of the application:
Within 20 working days in the case of request for partial
return of the sea area or within 15 working days in the case of request for
total return of the sea area from the receipt of the sufficient application,
the appraising authority shall:
a) complete the appraisal according to Clause 3 Article 27
of this Decree. The appraisal result shall be documented;
b) determine the fees for use of the returned sea area (if
any); financial obligations and other obligations that must be fulfilled by the
applicant;
c) Where necessary, the appraising authority shall request a
competent authority to decide to establish an Appraisal Council; send a written
request for opinions to relevant authorities; carry out a site inspection (the
site inspection shall be conducted within 10 working days). Within 15 working
days from the receipt of the written request for opinions, the authority whose
opinions are sought shall give a written response. The period of opinion
collection and site inspection shall not be included in the appraisal time.
3. Submission and processing of the application:
a) Within 03 working days from the end of the appraisal, the
appraising authority shall submit the application to the authority that has the
power to permit the return of the sea area;
b) Within 05 working days from the date on which the
appraising authority submits the application, the authority that has the power
to permit the return of the sea area shall consider issuing a decision on
permission for sea area return. In case of rejection of the application, a
written explanation shall be provided.
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Within 02 working days from the receipt the result, the
receiving authority shall:
a) notify the applicant so that such applicant can receive
result and fulfill related obligations as prescribed;
b) send the decision on permission for sea area return to
the Department of Taxation of the province where the returned sea area is
available and issue a notice of payment of fees for use of the returned sea
area (if any) and financial obligations that must be fulfilled by the
applicant.
Article 23. Applications for amendment
to the decision on sea area assignment
An application for sea area return consists of:
1. An application form for amendment to the decision on sea
area assignment, which is made using the Form No. 04 enclosed herewith.
2. An original of the issued decision on sea area
assignment.
3. A copy of the document issued by the competent authority
that states the contents specified in Clause 1 Article 13 of this Decree.
Article 24. Procedures for
processing the application for amendment to the decision on sea area assignment
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a) The applicant shall submit 01 application as prescribed
in Article 23 hereof to the receiving authority prescribed in Article 25
hereof; the receiving authority shall prepare an appointment note according to
the Form No. 10 enclosed herewith;
b) Within 03 working days from the receipt of the
application, the receiving authority shall inspect it. If the application is
not satisfactory, the receiving shall instruct the applicant in writing to
complete it;
c) After receiving a satisfactory application, the receiving
authority shall transfer it to the appraising authority.
2. Appraisal of the application:
Within 30 working days from the receipt of the sufficient
application, the appraising authority shall:
a) complete the appraisal according to Clause 2 Article 27
of this Decree. The appraisal result shall be documented;
b) determine the obligations that must be fulfilled by the
applicant;
c) Where necessary, the appraising authority shall request a
competent authority to decide to establish an Appraisal Council; send a written
request for opinions to relevant authorities; carry out a site inspection (the
site inspection shall be conducted within 10 working days). Within 15 working
days from the receipt of the written request for opinions, the authority whose
opinions are sought shall give a written response. The period of opinion
collection and site inspection shall not be included in the appraisal time.
3. Submission and processing of the application:
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b) Within 05 working days from the date on which the
appraising authority submits the application, the assigning authority shall
consider issuing a decision on sea area assignment. In case of rejection of the
application, a written explanation shall be provided.
4. Notification and return of application processing result:
Within 02 working days from the receipt the result, the receiving
authority shall:
a) notify the applicant so that such applicant can receive
result and fulfill related obligations as prescribed;
b) send the decision on sea area assignment to the
Department of Taxation of the province where the sea area is available to
update information.
Article 25. Authorities receiving
and appraising applications
1. Receiving authorities include:
a) Reception unit of the Ministry of Natural Resources and
Environment, which receives applications for assignment, recognition and return
of sea areas; extension of assignment duration and amendment of decisions on
assignment in the case of sea areas which are assigned by the Prime Minister
and Ministry of Natural Resources and Environment.
b) Provincial public administrative service centers, which
receive applications for sea area assignment, recognition and return; extension
of assignment duration and amendment of decisions on sea area assignment in the
case of sea areas which are assigned by provincial People’s Committees. If a
provincial public administrative service center is not available, the
provincial Department of Natural Resources and Environment is the receiving
authority;
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2. Appraising authorities include:
a) The General Department of Vietnam’s Sea and Islands,
which receives applications for sea area assignment, recognition and return;
extension of assignment duration and amendment of decisions on sea area
assignment and decisions on sea area expropriation in the case of sea areas
which are assigned by the Prime Minister and Ministry of Natural Resources and
Environment;
b) Provincial Departments of Natural Resources and
Environment, which receive applications for sea area assignment, recognition
and return of sea areas; extension of assignment duration and amendment of
decisions on sea area assignment and decisions on sea area expropriation in the
case of sea areas which are assigned by provincial People’s Committees;
c) District-level Departments of Natural Resources and
Environment, which receive applications for sea area assignment, recognition
and return; extension of assignment duration and amendment of decisions on sea
area assignment and decisions on sea area expropriation in the case of sea
areas which are assigned by district-level People’s Committees.
Article 26. Methods for receipt of
applications and return of results
1. Organizations and individuals shall submit applications
directly, through online public services or by post to the receiving authority;
if an application is submitted by post, the application receipt date is the
date on which it is transferred by the postal authority.
2. If an application is submitted through online public
services:
a) Documents in the application for sea area assignment,
recognition or return; extension of assignment duration or amendment to the
decision on sea area assignment with respect to each administrative procedure
submitted in an electronic form are electronic documents submitted or added by
the applicant to a competent authority in accordance with regulations or
enclosed electronic documents converted from physical ones and submitted to a
receiving authority;
b) Electronic documents must bear digital signatures issued
by a certification authority in accordance with regulations of law on digital
signatures;
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d) Electronic documents must be prepared in accordance with
special legislation;
dd) Electronic documents must ensure the integrity of
information from the time the information is created and must be fully
accessible;
e) The submission, receipt, archiving and validity of
electronic documents shall comply with regulations of law on online
implementation of administrative procedures and relevant regulations of law;
g) The creation and conversion of electronic documents
serving administrative procedures from physical documents and vice versa shall
comply with regulations of law on e-transactions and special legislation.
3. The results of implementation of administrative
procedures are physical or electronic documents or both physical and electronic
documents.
4. Results shall be returned directly at the receiving
authority or sent to the applicant by post or electronically. The return of
results in the form of electronic documents is only carried out if it is
practical the authority in charge and organizations and individuals using
online public services.
Article 27. Contents of appraisal of
applications for sea area assignment, recognition and return of sea areas;
extension of assignment duration and amendment of decisions on sea area
assignment
1. Contents of appraisal of an application for sea area
assignment:
a) The adequacy regarding format and contents of the
application;
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c) The conformity of the exploitation and use of marine
resources expected to be carried out with the tasks in national defense and
security assurance; protection of sovereignty, sovereign rights, jurisdiction
and national maritime interests; protection of the people’s right of access to
sea in the sea area to be assigned;
d) Conflicts between the exploitation and use of marine
resources expected to be carried out with the exploitation and use of marine
resources permitted to be carried out in the sea area to be assigned (if any);
dd) The conformity of environmental protection solutions
upon exploitation and use of marine resources in the sea area to be assigned.
2. Contents of appraisal of an application for sea area
recognition, extension of assignment duration or amendment of the decision on
sea area assignment:
a) Adequacy regarding format and contents of the
application;
b) The conformity of the sea area to be assigned with the
planning specified in Clause 3 Article 5 hereof; if the planning is not
available, ensure its conformity with the regulations set forth in Points a, b
and c Clause 4 Article 5 hereof;
c) Fulfillment of financial obligations and other
obligations under law by the applicant during the use of the sea area;
d) The conformity of the exploitation and use of marine
resources expected to be carried out with the tasks in national defense and
security assurance; protection of sovereignty, sovereign rights, jurisdiction
and national maritime interests; protection of the people’s right of access to
sea in the case of extension of assignment duration.
3. Contents of appraisal of an application for sea area
return:
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b) The implementation of regulations of law on exploitation
and use of natural resources and environmental protection by the applicant in
the sea area to be returned;
c) Fulfillment of financial obligations and other
obligations under law by the applicant upon the sea area return.
Chapter III
SEA AREA EXPROPRIATION
AND INVALIDATION OF DECISIONS ON SEA AREA ASSIGNMENT
Article 28. Expropriation of sea
areas
1. A sea area shall be expropriated in the following cases:
a) The organization or individual assigned the sea area
misuses the sea area affecting national defense, security, sovereignty,
sovereign rights, jurisdiction and national maritime interests or destroys or
seriously pollutes marine environment and ecosystems;
b) The organization or individual fails to use the sea area
for its intended uses specified in the decision on sea area assignment;
c) The written permission for exploitation and use of marine
resources which is granted by the competent authority to the organization or
individual is revoked;
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dd) The organization or individual uses the sea area for
aquaculture in one of the cases specified in Points a, b, d, dd, e and g Clause
1 Article 45 of the Law on Fisheries;
e) The assigned sea area is used to serve national
defense/security purpose or national/public interests as prescribed by law.
2. The expropriation of the sea area in the cases in Points
a, b, c, d and dd Clause 1 of this Article shall be carried out in the
following sequence:
a) Within 30 working days from the date on which the
competent authority’s conclusion that the organization or individual violates
one of the regulations specified in Points a, b, c, d and dd Clause 1 of this
Article, the appraising authority specified in Clause 2 Article 25 hereof shall
carry out site inspection and verification, seek opinions of relevant
authorities if necessary, complete and submit the application to the authority
that has the power to expropriate sea areas for decision;
b) Within 10 working days from the date on which the
appraising authority submits the application, the authority that has the power
to expropriate sea areas shall consider issuing a decision on expropriation;
c) Within 03 working days from the date on which the decision
is made by the authority that has the power to expropriate sea areas, the
receiving authority specified in Clause 1 Article 25 hereof shall send the
decision on sea area expropriation to the organization or individual and
relevant authorities.
3. The expropriation of the sea area in the case in Point e
Clause 1 of this Article shall be carried out in the following sequence:
a) Within 20 working days from the date on which the
competent authority decides to use the assigned sea area to serve national defense/security
purpose or national/public interests, the appraising authority specified in
Clause 2 Article 25 hereof shall submit an application to the authority that
has the power to expropriate sea areas for decision;
b) Within 10 working days from the date on which the
appraising authority submits the application, the authority that has the power
to expropriate sea areas shall consider issuing a decision on expropriation;
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4. The authority that has the power to expropriate sea areas
shall issue the decision on sea area expropriation according to the Form No. 08
enclosed herewith.
5. If the sea area is expropriated as prescribed in Point e
Clause 1 of this Article, the organization or individual that has the sea area
expropriated is entitled to compensation as prescribed by law.
Article 29. Invalidation of
decisions on sea area assignment
1. A decision on sea area assignment shall be invalidated in
the following cases:
a) The sea area is expropriated;
b) The decision on sea area assignment is expired but is not
extended;
c) The sea area is eligible to be returned in whole;
d) The organization assigned the sea area is dissolved or
goes bankrupt as prescribed by law;
dd) The individual or owner of the sole proprietorship or
owner of the single-member limited liability company is dead without leaving an
heir.
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Chapter IV
METHODS FOR CALCULATION
AND COLLECTION OF SEA AREA USAGE FEES AND REGULATIONS ON MANAGEMENT AND USE
THEREOF
Article 30. Sea area usage fees
1. Organizations and individuals assigned sea areas for
exploitation and use of marine resources are obliged to pay sea area usage fees
as prescribed by law, except for the cases specified in Article 31 hereof.
2. Sea area usage fees shall be determined on the basis of
uses of the sea area, size of the sea area permitted for use, duration
assignment and specific rates of sea area usage fees. The fees for use of sea
areas for sea dumping shall be determined based on the weight of physical
objects or matters, expressed in m3 (cubic meters).
3. Sea area usage fees shall be recorded as state budget
revenues, managed and used in accordance with the law on state budget. Sea area
usage fees shall be paid to the central government budget in the case of sea
areas assigned by the Prime Minister and Ministry of Natural Resources and
Environment and to the local government budget in the case of sea areas
assigned by provincial People’s Committees.
Article 31. Activities exempt from
sea area usage fees
1. Using sea areas as areas of water facing against wharves,
turning basins, anchorage areas, transshipment areas, storm shelters, pilot boarding areas,
quarantine areas, navigational channels and other auxiliary works to serve
public interests and other state-funded maritime infrastructure to serve public
interests.
2. Using sea areas as prescribed in Clause 2 Article 44 of
the Law on Fisheries.
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4. Using sea areas for serving marine protected areas, areas
for exploitation and protection of aquatic resources, wetland protected areas.
5. Using sea areas for petroleum exploration; for petroleum
extraction and transport of petroleum resources extracted within Vietnam’s
territorial waters to shore by pipeline under petroleum product sharing
contracts and Prime Minister’s decisions (including the use of sea areas for
directly serving petroleum extraction and transport, for installing platforms,
building oil ports, building petroleum pipelines, flowlines and other auxiliary
works).
6. Using sea areas for dumping of materials dredged from
waters facing against wharves, turning basins, anchorage areas, transshipment
areas, storm shelters, pilot boarding areas, quarantine areas, navigational
channels and other auxiliary works to serve public interests and other
state-funded maritime infrastructure to serve public interests.
7. Using areas for construction, installation and operation
of works that serve national and public interests.
8. The Prime Minister shall decide on sea usage fee
exemption granted to other cases requested by the Minister of Natural Resources
and Environment.
Article 32. Activities on which sea
area usage fees are charged
1. Except for the activities mentioned Article 31 hereof,
sea area usage fees are
charged on other activities. Those activities are classified into 6 groups
based on intended uses of sea areas specified in Clause 1 Article 34 hereof.
2. If multiple organizations and individuals are assigned
sea areas within a territorial waters, each organization and individual shall
pay fees for use of each corresponding sea area assigned.
3. If an organization or individual is assigned sea areas
used for different uses within a territorial waters, such organization or
individual shall pay fees for each use of each sea area assigned within such
territorial waters.
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1. The size on which sea area usage fees are charged (except
for the case of sea dumping) is the one specified in the decision on sea area
assignment issued by the assigning authority and is expressed in hectares (ha).
2. If an investment project covers part of the sea area,
land, coastal land with surface water or coastal alluvial land, the financial
obligations discharged to the State shall be determined for each corresponding
part as prescribed by law.
Article 34. Range and specific rates
of sea area usage fees
1. Activities on which sea area usage fees are charged shall
be classified into 6 groups based on intended uses of sea areas with the range
as follows:
a) Fees for use of sea areas for sea dumping (group 1) range
from VND 15,000/m3 to VND 20,000/m3;
b) 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 (group 2) range from VND 6,500,000/ha/year to VND
7,500,000/ha/year;
c) 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 range from VND 6,000,000/ha/year to
VND 7,500,000/ha/year;
d) Fees for use of sea areas for building underwater
pipelines, installing telecommunications and electromagnetic cables range
(group 4) range from VND 5,000,000/ha/year to VND 7,500,000/ha/year;
dd) Fees for use of sea areas used for aquaculture and
construction of fishing ports (group 5) range from VND 4,000,000/ha/year to VND
7,500,000 ha/year;
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2. Specific rates of sea area usage fees shall be determined
as follows:
a) According to the ranges specified in Clause 1 of this
Article and specific socio-economic conditions, the Ministry of Natural
Resources and Environment shall, every 05 years, decide specific rates of sea
area usage fees charged on each group of activities in sea areas under its and
the Prime Minister’s assignment authority;
b) According to the ranges specified in Clause 1 of this
Article and specific socio-economic conditions, provincial People’s Committees
shall, every 05 years, decide specific rates of sea area usage fees charged on
each group of activities in sea areas within their provinces within under their
assignment authority;
c) The Ministry of Natural Resources and Environment and
provincial People’s Committees shall decide specific rates of sea area usage
fees as prescribed in Points a and b of this Clause within 90 days from the
effective date of this Decree.
3. If a sea area has multiple uses but the specific size
reserved for each of which cannot be determined, the highest rate shall apply.
4. Regarding activities on which specific rates of sea area
usage fees have yet to be charged as prescribed in Clause 2 of this Article,
the Ministry of Natural Resources and Environment and provincial People’s Committees
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.
5. The Ministry of Natural Resources and Environment shall
preside over and cooperate with the Ministry of Finance in requesting the
Government to adjust ranges of sea area usage fees from time to time in
conformity with socio-economic conditions.
Article 35. Methods for collecting
and determining sea area usage fees
1. Sea area usage fees shall be charged from the effective
date of the decision on sea area assignment issued by the competent authority.
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a) Payment of sea area usage fees on an annual basis;
b) Payment of sea area usage fees in a lump sum for 05
years;
c) Payment of sea area usage fees in a lump sum for the
entire assignment duration regarding aquaculture.
3. If the payment of sea area usage fees is made annually,
follow the instructions below:
a) The amount of sea area usage fees payable annually equals
the size of the assigned sea area multiplied by (x) specific rate specified in Article
34 hereof at the time of fee calculation multiplied by (x) 01 years;
b) Deadline for making the first fee payment: within 90 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.
c) If the organization or individual opts to pay biannually,
fees shall be paid for each period as follows:
The first period: pay the first 50% by May 31 of the year;
The second period: fully pay the rest by October 31 of the
year.
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a) The amount of sea area usage fees payable annually equals
the size of the assigned sea area multiplied by (x) specific rate specified in
Article 34 hereof at the time of calculation multiplied by (x) 05 years;
b) The specific rate of sea area usage fees in this case
shall remain unchanged for 05 years. When the 05-year period expires, the
assigning authority shall determine the amount of the fees payable for the next
05-year period based on the specific rate at the time of fee calculation;
c) The payment of sea area usage fees in a lump sum for 05
years shall be made once. Within 30 days from the date on which the tax
authority signs the payment notice, the organization or individual shall fully
pay the fees.
5. If the organization or individual assigned a sea area for
aquaculture opts to pay sea area usage fees in a lump sum for the entire
assignment duration, follow the instructions below:
a) The amount of sea area usage fees payable annually equals
the size of the assigned sea area multiplied by (x) specific rate specified in
Article 34 hereof at the time of fee calculation multiplied by (x) the
assignment duration;
b) The specific rate of sea area usage fees in this case
shall remain unchanged for the entire assignment duration. Within 30 days from
the date on which the tax authority signs the payment notice, the organization
or individual shall fully pay the fees.
6. If the sea area is used for dumping, the organization or
individual shall pay sea area usage fees in a lump sum. To be specific:
a) The amount of fees payable equals the weight of dumped
physical objects/matters (expressed in m3) multiplied by (x) the
specific rate specified in Article 34 hereof at the time of fee calculation;
b) Within 30 days from the date on which the tax authority
signs the payment notice, the organization or individual shall fully pay the
fees.
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1. Within 05 working days from the receipt of decision on
sea area assignment issued by the competent authority, based on the amount of
sea area usage fees specified in the decision on sea area assignment, the
Department of Taxation of the province where the sea area is available shall
issue a payment notice according to the Form No. 11 enclosed herewith to the
organization or individual assigned the sea area.
The tax authority shall send a payment notice to the
organization or individual 30 working days before the next payment period. The
fees for use of sea areas for dumping shall be paid as prescribed in Clause 6
Article 35 hereof.
2. The organization or individual assigned the sea area
shall fully pay sea area usage fees to the state budget by the deadline
specified in the notice given by the tax authority.
3. If the organization or individual assigned the sea area
fails to fully pay fees to the state budget by the deadline written on the
notice issued by the tax authority as prescribed in Clause 2 of this Article,
such organization or individual is required to pay late payment interest in
accordance with regulations of Law on Tax Administration. If the organization
or individual violates the law, thereby having its/his/her license revoked as
prescribed in Point c Clause 1 Article 28 of this Decree, the authority
revoking the license shall notify the assigning authority for decision on
expropriation of the assigned sea area.
4. Every organization and individual assigned sea areas
shall pay sea area usage fees directly to the state budget at the State Treasury
or an authorized organization as prescribed by the Law on Tax Administration.
Contents related to documents and procedures for collection and payment shall
comply with regulations on management of state budget revenues in accordance
with the Law on Tax Administration.
Article 37. Expenditures on
performance of the sea area assignment task
Expenditures on performance of the sea area assignment task
shall be covered by the state budget and included in the annual state budget
expenditure estimate assigned to authorities in charge of performing the sea
area assignment task. Such expenditures include:
1. Expenditures on site survey and inspection; measurement
and determination of locations, coordinates, size and depth of assigned sea
areas; creation of sea area diagrams to be enclosed with decisions on sea area
assignment; production of statistics on and inventorying of sea areas used
nationwide for reporting to the Prime Minister.
2. Expenditures on organization of conferences, seminars,
technical meetings and meetings of councils for appraisal of applications for
sea area assignment (if any).
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4. Expenditures on inspection and supervision of uses of sea
areas assigned to organizations and individuals.
5. Expenditures on investigation and survey for setting
ranges and specific rates of sea area usage fees.
6. Expenditures on operation of technical system serving
assignment of sea areas; procurement and repair of equipment, vehicles, office
supplies and communication equipment serving the assignment and management of
sea areas.
7. Other expenditures in direct connection with assignment
of sea areas.
Article 38. Handling of sea area
usage fees upon extension of assignment duration, return and expropriation of
sea areas
1. If an organization or individual applies for extension of
assignment duration, the sea area usage fees for the assignment duration to be
extended shall be determined as prescribed in this Decree. The sea area usage
fees for the assignment duration shall be determined based on the specific
rates at the time the assigning authority makes a decision on extension.
2. If an organization or individual has paid sea area usage
fees in a lump sum for 05 years or in a lump sum for the entire assignment
duration but has been permitted by the competent authority mentioned in Article
8 hereof to return the sea area ahead of schedule or return the sea area in
part or applies for amendment to the decision on sea area assignment resulting
in change of the sea area usage fees payable, the paid sea area usage fees
shall be refunded under the competent authority’s decision. The overpaid amount
shall be deducted from the sea area user’s other financial obligations
discharged to the State. If not fully deducted, the remaining overpaid amount
shall be refunded.
3. If the organization or individual issued with the sea
dumping permit and decision on sea area assignment has paid the sea area usage
fees and conducted sea dumping, the paid sea area usage fees shall not be
refunded.
4. If the organization or individual has paid the sea area
usage fees but the sea area has been expropriated, the amount paid for the
unspent duration is as follows:
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b) The paid amount shall be refunded in the case where the
sea area is expropriated as prescribed in Point e Clause 1 Article 28 hereof.
The refundable amount equals the sea area usage fees determined based on the
uses prior to expropriation corresponding to the unspent duration at the time
of expropriation multiplied by (x) the size expropriated. In the case of using
the sea area for sea dumping, since the organization or individual does not
conduct sea dumping, the refundable amount applies the specific rate of fees
written on the decision on assignment of the sea area for sea dumping which is
imposed by the competent authority at the time of refund.
5. Procedures for refund of sea area usage fees by the
State:
a) In the cases specified in Clause 2 and Point b Clause 4
of this Article, within 05 working days from on which decision on permission
for sea area return, decision on partial return of sea area or decision on sea
area expropriation issued by the competent authority is received or the decision
on sea area assignment is amended resulting in reduction of the sea area usage
fees payable, the Department of Taxation of the province where the sea area is
available shall issue a refund notice in accordance with the Law on Tax
Administration to the organization or individual refunded the sea area usage
fees.
b) The organization or individual shall send such refund
notice to the State Treasury;
c) The State Treasury or the organization authorized by the
tax authority shall refund the organization or individual according to the
refund notice issued by the Department of Taxation of the province where the
sea area is available.
Chapter V
RESPONSIBILITIES OF
REGULATORY BODIES
Article 39. Responsibilities of the
Ministry of Natural Resources and Environment
1. Assist the Government in performing integrated and
uniform management of sea areas for exploitation and use of marine resources
nationwide.
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3. Build and uniformly manage the technical system serving
sea area assignment; produce statistics on, inventory, build and manage
information about and database of sea and islands nationwide.
4. Every 10 years, review, correct, supplement and update mean
lower low water line observed over a period of several years of the mainland
and islands as prescribed in Clause 3 Article 3 hereof; outer boundaries of
03-nautical mile and 06-natical mile waters or make a correction upon change in
natural conditions and topography.
5. Inspect the implementation of regulations of law on
assignment and use of sea areas nationwide; resolve disputes over the use of
sea areas under its assignment authority as prescribed by law.
6. Organize dissemination of knowledge and laws to
organizations and individuals involved in assignment and use of sea areas.
7. Assess the assignment and use of sea areas nationwide and
submit a consolidated report to the Prime Minister as prescribed before January
31.
Article 40. Responsibilities of
People’s Committees of coastal provinces
1. Assign, recognize, permit return of and expropriate sea
areas, extend assignment duration and amend decisions on sea area assignment as
prescribed in this Decree; closely cooperate with authorities that have the
power to permit exploitation and use of marine resources and other authorities
concerned during the implementation.
2. Manage the use of sea areas for exploitation and use of
marine resources; provide information, manage and use the technical system
serving sea area assignment; produce statistics, inventory, build and manage
information and data on assignment and use of sea areas within their provinces.
3. Inspect the implementation of regulations of law on
assignment and use of sea areas within their provinces; resolve disputes over
the use of sea areas under their assignment authority as prescribed by law.
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5. Assess the assignment and use of sea areas within their
provinces and submit consolidated reports to the Ministry of Natural Resources
and Environment as prescribed before January 15.
Article 41. Responsibilities of
People’s Committees of coastal districts
1. Assign, recognize and permit return of sea areas, expropriate
sea areas, extend assignment duration and amend decisions on assignment of sea
areas for aquaculture under their assignment authority as prescribed in Clause
4 Article 8 hereof.
2. Manage uses of sea areas for aquaculture under their
assignment authority; provide information and data on assignment and use of sea
areas within their districts.
3. Direct district-level Departments of Natural Resources
and Environment or assign licensed authorities and units to make sea area
diagrams according to the Form No. 09 enclosed herewith upon deciding to assign
sea areas to Vietnamese individuals for aquaculture as prescribed in Clause 4
Article 8 hereof.
4. Inspect the implementation of regulations of law on
assignment and use of sea areas within their districts; resolve disputes over
the use of sea areas under their assignment authority as prescribed by law.
5. Organize dissemination of knowledge and laws to
organizations and individuals involved in assignment and use of sea areas.
6. Assess the assignment and use of sea areas within their
districts and submit consolidated reports to provincial People’s Committees as
prescribed before December 30.
Article 42. Responsibilities of
other authorities concerned
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2. The Ministry of National Defense shall provide charts at
the request of the Ministry of Natural Resources and Environment to serve the
assignment and management of use of sea areas.
3. Relevant ministries shall cooperate in providing
information and documents and responding to related issues at the request of
assigning authorities.
4. Maritime law enforcement forces shall inspect, control
and supervise the use of sea areas by organizations and individuals within
Vietnam’s territorial waters; take actions against violations under their
authority.
Chapter VI
IMPLEMENTATION CLAUSE
Article 43. Transitional clauses
1. Regarding the uses of sea areas including petroleum
exploration and extraction; for transport of petroleum resources extracted
within Vietnam’s territorial waters to shore by pipeline (including the use of
sea areas for directly serving petroleum extraction and transport, for
installing platforms, building oil ports, building petroleum pipelines, flowlines
and other auxiliary works) which were permitted, approved or extended by the
competent authority before the effective date of this Decree, organizations and
individuals are entitled to use sea areas for such uses, shall exercise the
rights and obligations until the expiry of the duration permitted, approved or
extended by the competent authority in accordance with regulations of law on
petroleum and other relevant regulations of law, and are not required to apply
for sea area recognition or assignment and pay sea area usage fees as
prescribed in this Decree.
2. If the applications were received by competent
authorities to be processed according to administrative procedures concerning
assignment of sea areas before the effective date of this Decree but the results
of processing thereof are not available, the power and procedures specified in
the Government’s Decree No. 51/2014/ND-CP or this Decree may apply.
3. If any organization or individual assigned a sea area by
the competent authority as specified in the Government’s Decree No.
51/2014/ND-CP wishes to return the sea area; extend assignment duration or
amend the decision on sea area assignment after the effective date of this
Decree, the power and procedures for processing applications shall comply with this
Decree.
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Article 44. Effect
1. This Decree comes into force from March 30, 2021.
2. The Decree supersedes the Government’s Decree No.
51/2014/ND-CP dated May 21, 2014 on assignment of certain sea areas to
organizations and individuals for exploitation and use of marine resources.
3. Clause 3 Article 7 of the Government’s Decree No.
46/2014/ND-CP dated May 15, 2014 on collection of land and water surface rents
(amended by Clause 2 Article 3 of the Government’s Decree No. 123/2017/ND-CP
dated November 14, 2017) is annulled.
Article 45. Responsibility for
implementation
Ministers, heads of ministerial agencies, heads of
Governmental agencies, Presidents of People’s Committees of coastal provinces
and central-affiliated cities are responsible for the implementation of this
Decree.
ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc
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APPENDIX
FORMS
SERVING ADMINISTRATIVE PROCEDURES CONCERNING SEA AREA ASSIGNMENT, RECOGNITION
AND RETURN, EXTENSION OF SEA AREA ASSIGNMENT DURATION, AMENDMENT TO DECISIONS
ON SEA AREA ASSIGNMENT, AND SEA AREA EXPROPRIATION
(Enclosed with the Government’s Decree No. 11/2021/NĐ-CP dated
February 10, 2021)
Form No.
Name
Form No. 01
Application form for sea area assignment/recognition
Form No. 02
Application form for extension of sea area assignment
duration
Form No. 03
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Form No. 04
Application form for amendment to decision on sea area
assignment
Form No. 05
Diagram of sea area to be assigned, recognized or returned
in part
Form No. 06
Decision on sea area assignment
Form No. 07
Decision on permission for sea area return
Form No. 08
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Form No. 09
Sea area diagram (enclosed with decision on assignment,
recognition, partial return or expropriation of sea area or serving document
preparation)
Form No. 10
Appointment note
Form No. 11
Notice of payment of sea area usage fees
Form No.
01
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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To: ...(The Prime Minister/The
Ministry of Natural Resources and Environment/People’s Committee of ...
province/ People’s Committee of ... district)
Name of the applicant ……………………………………………………………………………
Head office address/Address: …………………………………………………………………..
Phone number:……………………………………….. Fax: ……………………………………
Establishment decision No. .... dated (dd/mm/yyyy).... or Enterprise
registration certificate, enterprise ID No. …. date of issue…. (dd/mm/yyyy)....
revision (if any) made on…. (dd/mm/yyyy) or Business registration certificate
No. .... dated (dd/mm/yyyy).... (if the applicant is an organization).
Date of birth ...., ID card or Citizen ID card or Personal
identification No. ... issued on …. (dd/mm/yyyy) by.... (if the applicant is an
individual).
Hereby would like to apply for assignment/recognition of a
sea area in ... commune, ... district, …. province
Current uses of the sea area: (type of activity intended for
exploitation and use of marine resources) ....
Size of the sea area used:...(ha), depth used:...m, from...m
to....m; limited by corner points with the coordinates, height of works or
equipment to be used above the sea level ... m shown on the sea area diagram.
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Method of sea area usage fee payment ….. (annually/every 05
years/in a lump sum) or requesting exemption from sea area usage fees (if
falling into the cases mentioned in Article 31 of this Decree) ….
(Name of the applicant) ... undertakes to strictly comply
with regulations of law on use of sea areas and other relevant regulations of
law./.
…..(Place name), (dd/mm/yyyy) ….
APPLICANT
(Signature;
seal or fingerprints)
Form No.
02
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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APPLICATION
FORM FOR EXTENSION OF SEA AREA ASSIGNMENT DURATION
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Name of the applicant ……………………………………………………………………………………..
Head office address/Address: …………………………………………………………………………………………..
Phone number:……………………………………….. Fax: ………………………………………………….
Establishment decision No. .... dated (dd/mm/yyyy).... or
Enterprise registration certificate, enterprise ID No. …. date of issue….
(dd/mm/yyyy).... revision (if any) made on…. (dd/mm/yyyy) or Business registration
certificate No. .... dated (dd/mm/yyyy).... (if the applicant is an
organization).
Date of birth ...., ID card or Citizen ID card or Personal
identification No. ... issued on …. (dd/mm/yyyy) by.... (if the applicant is an
individual).
Permitted to use the sea area in .... commune, ....
district, …. province under the Decision on sea area assignment No. .... dated
(dd/mm/yyyy).... of: the Prime Minister/the Ministry of Natural Resources and
Environment/the People’s Committee of ... province/the People’s Committee of
... district
Hereby would like to apply for extension of sea area
assignment with an additional duration of…. (months/years).
Current uses of the sea area: (type of activity intended for
exploitation and use of marine resources) ....
Size of the sea area used:...(ha), depth used:...m, from...m
to....m; limited by corner points with the coordinates, height of works or
equipment to be used above the sea level ... m shown on the sea area diagram.
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(Name of the applicant)………………….. undertakes to strictly
comply with regulations of law on use of sea areas and other relevant
regulations of law./.
…..(Place name), (dd/mm/yyyy) ….
APPLICANT
(Signature;
seal or fingerprints)
Form No.
03
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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REQUEST
FORM FOR SEA AREA RETURN
To: ...(The Prime Minister/The
Ministry of Natural Resources and Environment/The People’s Committee of ...
province/The People’s Committee of ... district)
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Head office address/Address: ………………………………………………………………………………………….
Phone number:……………………………………….. Fax: ……………………………………
Establishment decision No. .... dated (dd/mm/yyyy).... or
Enterprise registration certificate, enterprise ID No. …. date of issue….
(dd/mm/yyyy).... revision (if any) made on…. (dd/mm/yyyy) or Business
registration certificate No. .... dated (dd/mm/yyyy).... (if the applicant is
an organization).
- Date of birth ...., ID card or Citizen ID card or Personal
identification No. ... issued on …. (dd/mm/yyyy) by.... (if the applicant is an
individual).
- Hereby would like to request the permission for return of
the sea area under the Decision on sea area assignment No. .... dated (dd/mm/yyyy)....
of: the Prime Minister/the Ministry of Natural Resources and Environment/the
People’s Committee of ... province/the People’s Committee of ... district
regarding the transfer of the right to use the sea area in .... commune, ....
district, …. province.
- Or the permission for partial return of the sea area of...
ha out of the total size of… ha under the Decision on sea area assignment No.
.... dated (dd/mm/yyyy).... of: the Prime Minister/the Ministry of Natural
Resources and Environment/the People’s Committee of ... province/the People’s
Committee of ... district regarding the transfer of the right to use the sea
area in .... commune, .... district, …. province
Reasons for return ………………………………………………………………………………………
(Name of the applicant) ... undertakes to strictly comply
with regulations of law on use of sea areas and other relevant regulations of
law./.
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…..(Place name), (dd/mm/yyyy) ….
APPLICANT
(Signature;
seal or fingerprints)
Form No.
04
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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APPLICATION
FORM FOR AMENDMENT TO DECISION ON SEA AREA ASSIGNMENT
To: ...(The Prime Minister/The
Ministry of Natural Resources and Environment/The People’s Committee of ...
province/The People’s Committee of ... district)
Name of the applicant ……………………………………………………………………………
Head office address/Address: ………………………………………………………………………………………….
Phone number:……………………………………….. Fax: ……………………………………
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Date of birth ...., ID card or Citizen ID card or Personal
identification No. ... issued on …. (dd/mm/yyyy) by.... (if the applicant is an
individual).
Hereby would like to apply for amendment to the Decision on
sea area assignment No. ….. dated (dd/mm/yyyy).... of: the Prime Minister/the
Ministry of Natural Resources and Environment/the People’s Committee of ...
province/the People’s Committee of ... district regarding the transfer of the
right to use the sea area in .... commune, .... district, …. province.
Reasons for the amendment: ………………………………………
Amendments to be made: ……………………………………………………………………..
…………………………………………………………………………………………………….
(Name of the applicant) ... undertakes to strictly comply
with regulations of law on use of sea areas and other relevant regulations of
law./.
…..(Place name), (dd/mm/yyyy) ….
APPLICANT
(Signature;
seal or fingerprints)
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Form No.
05
NAME OF ORGANIZATION/INDIVIDUAL ...
DIAGRAM
OF SEA AREA TO BE ASSIGNED, RECOGNIZED OR RETURNED
To: (type of activity intended for
exploitation and use of marine resources)....
Corner points
VN-2000 Coordinate system
Central meridian…projection…
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Rectangular coordinates
Latitude
Longitude
X (m)
Y (m)
1
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2
...
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…
n
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Size of the sea area to be used (ha)
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Depth of the sea area to be used (m)
Elevation of the sea area to be used (m) (if any)
- The scale... is excerpted from the topographic map (name
of the map – if any) Number... Scale... Coordinate system... Central
meridian... projection... Elevation system.... published by ... in... or the
chart (if the bathymetric
map with an appropriate scale is not available) Number... Scale .... at the latitude... Projection...
Reference system... Depth.... published by... in...)
...
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Legend:
Sea area assigned
Mean lower low water line observed
over a period of several years
3-nautical mile line (if any) 
6-nautical mile line (if any)
Notes: The diagram shall show the following information:
- Boundary, size and depth of the sea area to be assigned.
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- Distance,....km away from the seashore or
island shore.
- Location of the sea area, in ….. commune, …..
district,... province
- Coordinates and size with two digits after the decimal
point.
CONSULTANCY UNIT (IF ANY)
(Signature and
seal)
ORGANIZATION OR INDIVIDUAL
(Signature and
seal)
Form No.
06
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. …../QĐ-(TTg/BTNMT/UBND)
…..(Place name), (dd/mm/yyyy) …..
DECISION ON SEA AREA ASSIGNMENT
THE
PRIME MINISTER/THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT/THE PEOPLE’S
COMMITTEE OF ... PROVINCE/THE PEOPLE’S COMMITTEE OF ... DISTRICT
Pursuant to the Law on Government Organization dated June
19, 2015;
Pursuant to the Law on Local Government Organization dated
June 19, 2015;
Pursuant to the Law of the Sea of Vietnam dated June 21,
2012;
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...
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Pursuant to the Government’s Decree No. .../…/NĐ-CP dated (dd/mm/yyyy) …..defining the functions, tasks,
powers and organizational structure of the Ministry of Natural Resources and
Environment, etc.1;
Pursuant to the competent authority’s written permission for
exploitation and use of marine resources No. ... dated (dd/mm/yyyy) …..regarding ....;
In consideration of the application form and application for
sea area assignment dated (dd/mm/yyyy) ….. of (name of the organization or individual) ...submitted at the Reception
unit/Public administrative service center (Ministry of Natural Resources and
Environment/Department of Natural Resources and Environment of
...province/Department of Natural Resources and Environment of ...district);
At the request of the Minister of Natural Resources and
Environment/General Director of General Department of Vietnam’s Sea and
Islands/Director of Department of Natural Resources and Environment of
...province/Head of Department of Natural Resources and Environment of
...district
HEREBY DECIDES:
Article 1. The sea area use right is transferred to:….. (name of the
organization or individual assigned the sea area).
- Uses of the sea area: ………………………………………………………………………
- Location of the sea area: ……………………………………………………………. (commune,
district, province)
- Size of the sea area permitted for use:...(ha), permissible
depth:...m, from...m to....m limited by….. corner points; height of works or
equipment to be used above the sea level ... m (if any) shown on the sea area
diagram enclosed with this Decision.
...
...
...
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- Sea area usage fees payable:….., payment method.
Article 2. (Name of the organization or individual)
………………………………………………………….has the following obligations:
1. Fulfill the obligations specified in Clause 7 of the
Decree No. ... and other obligations as prescribed by law.
2. Use the sea area with the prescribed coordinate, size,
scope, boundary and elevation.
3. Use the sea area for its intended uses specified in
Article 1 of this Decision.
4. Pay sea area usage fees.
5. Before using the sea area, notify the Ministry of Natural
Resources and Environment/the People’s Committee of ...province/the People’s
Committee of ...district for on-site assignment purpose.
6. Report and provide information about the use of the sea
area to the assigning authority as prescribed by law.
7. Take measures to protect, remediate and improve the
marine environment upon the expiry of the assignment duration.
...
...
...
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9 …………………………………………………………………………………………………………….
Article 3. This Decision comes into force from the day on which it is
signed.
1. (Name of the organization or individual)... is permitted
to use the sea area only after complying with all relevant regulations of law
and regulations of this Decision.
2. The Minister, Chairman/Chairwoman of the Office of the
Government, the Minister of Natural Resources and Environment/General Director
of General Department of Vietnam’s Sea and Islands (Chief of Office of People’s
Committee of.... province/Director of Department of Natural Resources and
Environment of.... province, Director of Department of Finance of....
province/Head of Department of Natural Resources and Environment of....
district) have the responsibility to expedite and inspect the implementation of
this Decision./.
THE PRIME MINISTER/THE MINISTER
(ON BEHALF OF THE PEOPLE’S COMMITTEE OF…PROVINCE/DISTRICT
CHAIRMAN/CHAIRWOMAN)
(Signature and
seal)
_____________________
1 Only specify the documents directly related to the authority issuing
the decision on sea area assignment under the assignment authority. Documents
directly related to the issuance of the decision may be added.
...
...
...
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Form No.
07
PRIME MINISTER/MINISTRY OF NATURAL
RESOURCES AND ENVIRONMENT/PEOPLE’S COMMITTEE OF ... PROVINCE/PEOPLE’S
COMMITTEE OF ... DISTRICT
-------
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No. …../QĐ-(TTg/BTNMT/UBND)
…..(Place name), (dd/mm/yyyy) …..
DECISION
ON PERMISSION FOR SEA AREA RETURN
THE PRIME MINISTER/THE MINISTER OF
NATURAL RESOURCES AND ENVIRONMENT/THE PEOPLE’S COMMITTEE OF ... PROVINCE/THE
PEOPLE’S COMMITTEE OF ... DISTRICT
Pursuant to the Law on Government Organization dated June
19, 2015;
...
...
...
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Pursuant to the Law of the Sea of Vietnam dated June 21,
2012;
Pursuant to the Government’s Decree No. …../2021/NĐ-CP dated
...., 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. .../…/NĐ-CP dated (dd/mm/yyyy)
…..defining the functions, tasks, powers and organizational structure of the
Ministry of Natural Resources and Environment, etc. 1;
In consideration of the request and application for sea area
return submitted by (name of the organization or individual) ....;
At the request of the Minister of Natural Resources and
Environment/General Director of General Department of Vietnam’s Sea and Islands
(Director of Department of Natural Resources and Environment of
...province/Head of Department of Natural Resources and Environment of
...district).
HEREBY DECIDES:
Article 1. (Name of the organization or individual)…… is hereby
permitted to return the sea area or return it in part with a size of …..ha out
of the total size of the assigned sea area of ...ha under the Decision No. ...
dated ...(dd/mm/yyyy) of the Prime Minister/the Ministry of Natural Resources
and Environment/the People’s Committee of.... province/the People’s Committee
of.... district.
Head office address/Address: ……..……... Phone number:………….….
Fax:………….…. Email………….….
Article 2. From the effective date of this Decision, (name of the
organization or individual)…….must stop using the sea area and has the
responsibility to:
...
...
...
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2. Take measures to remediate and improve the environment in
the assigned sea area and fulfill related obligations as prescribed by law.
3 ……………………………………………………………………………………………………………..
Article 3. The Minister, Chairman/Chairwoman of the Office of the
Government, the Minister of Natural Resources and Environment/General Director
of General Department of Vietnam’s Sea and Islands (Chief of Office of People’s
Committee of.... province/Director of Department of Natural Resources and
Environment of.... province, Director of Department of Finance of....
province/Head of Department of Natural Resources and Environment of....
district) have the responsibility to expedite and inspect the implementation of
this Decision./.
THE PRIME MINISTER/THE MINISTER
(ON BEHALF OF THE PEOPLE’S COMMITTEE OF…PROVINCE/DISTRICT
CHAIRMAN/CHAIRWOMAN)
(Signature and
seal)
__________________
1 Only specify the documents directly related to the authority issuing
the decision on sea area assignment under the assignment authority. Documents
directly related to the issuance of the decision may be added
...
...
...
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PRIME MINISTER/MINISTRY OF NATURAL
RESOURCES AND ENVIRONMENT/PEOPLE’S COMMITTEE OF ... PROVINCE/PEOPLE’S
COMMITTEE OF ... DISTRICT
-------
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No. …../QĐ-(TTg/BTNMT/UBND)
…..(Place name), (dd/mm/yyyy) …..
DECISION
ON SEA AREA EXPROPRIATION
THE PRIME MINISTER/THE MINISTER OF
NATURAL RESOURCES AND ENVIRONMENT/THE PEOPLE’S COMMITTEE OF ... PROVINCE/THE
PEOPLE’S COMMITTEE OF ... DISTRICT
Pursuant to the Law on Government Organization dated June
19, 2015;
Pursuant to the Law on Local Government Organization dated
June 19, 2015;
...
...
...
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Pursuant to the Government’s Decree No. …../2021/NĐ-CP dated
...., 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. .../…/NĐ-CP dated (dd/mm/yyyy)
…..defining the functions, tasks, powers and organizational structure of the
Ministry of Natural Resources and Environment, etc. 1;
At the request of the Minister of Natural Resources and
Environment/General Director of General Department of Vietnam’s Sea and Islands
(Director of Department of Natural Resources and Environment of
...province/Head of Department of Natural Resources and Environment of
...district).
HEREBY DECIDES:
Article 1. The sea area assigned to (name of the organization or
individual) under the Decision on sea area assignment No. dated (dd/mm/yyyy)
….. of the Prime Minister/ the Minister of Natural Resources and
Environment/the People’s Committee of ... province/the People’s Committee of
... district.
Head office address/Address: ……..……... Phone number:………….….
Fax:………….…. Email………….….
Reasons for expropriation: ………………………………………………………………………………………………
Article 2. From the effective date of this Decision, (name of the
organization or individual)…….must stop using the sea area and has the responsibility
to:
1. Submit a report on exploitation and use of marine
resources; environmental protection throughout the assignment duration as
prescribed by law.
...
...
...
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3 ……………………………………………………………………………………………………………..
Article 3. The Minister, Chairman/Chairwoman of the Office of the
Government, the Minister of Natural Resources and Environment/General Director
of General Department of Vietnam’s Sea and Islands (Chief of Office of People’s
Committee of.... province/Director of Department of Natural Resources and
Environment of.... province, Director of Department of Finance of....
province/Head of Department of Natural Resources and Environment of....
district) have the responsibility to expedite and inspect the implementation of
this Decision./.
THE PRIME MINISTER/THE MINISTER
(ON BEHALF OF THE PEOPLE’S COMMITTEE OF…. PROVINCE/DISTRICT
CHAIRMAN/CHAIRWOMAN)
(Signature and
seal)
_____________________________
1 Only specify the documents directly related to the authority issuing
the decision on sea area assignment under the assignment authority. Documents
directly related to the issuance of the decision may be added.
THE PRIME MINISTER/THE MINISTRY OF
NATURAL RESOURCES AND ENVIRONMENT/THE PEOPLE’S COMMITTEE OF ... PROVINCE/THE
PEOPLE’S COMMITTEE OF ... DISTRICT
-------
...
...
...
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DIAGRAM
OF SEA AREA ASSIGNED TO ORGANIZATION/INDIVIDUAL
to (type of
activity intended for exploitation and use of marine resources)……………..
in ….. commune, ……..district, …………………… province
(Enclosed with the Decision on sea area assignment No.
…..QĐ-TTg/BTNMT/UBND). .... dated (dd/mm/yyyy).... of the Prime Minister/the
Minister of Natural Resources and Environment/the People’s Committee of ...
province/the People’s Committee of ... district)
Corner points
VN-2000 Coordinate system
Central meridian…projection…
Geographic coordinates
(degree, minute, second)
Rectangular coordinates
...
...
...
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Latitude
Longitude
X (m)
Y (m)
1
...
...
...
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2
…
...
...
...
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n
...
...
...
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Size of the sea area to be used (ha)
Depth of the sea area to be used (m)
Elevation of the sea area to be used (m) (if any)
...
...
...
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- The scale... is excerpted from the topographic map (name
of the map - if any) Number... Scale... Coordinate system... Central
meridian... projection... Elevation system.... published by ... in... or the
chart (if the bathymetric map with an appropriate scale is not available)
Number... Scale .... at the latitude... Projection... Reference system...
Depth.... published by... in...)
- Elevation and depth of the sea area to be used based on
the Elevation system...
Legend:
Sea area assigned
Mean lower low water line observed
over a period of several years
3-nauticle mile line (if any) 6-nauticle mile line (if any)
...
...
...
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Notes: The diagram shall show the following information:
- Size…ha, permissible depth….m
- Height of works or equipment used above the sea level
….(m). Distance,....km away from the seashore or
island shore.
- Coordinates and size with two digits after the decimal
point.
Form
No. 10
Form
No. 11
...
...
...
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No. …./TB…..
…..(Place name), (dd/mm/yyyy) …..
NOTICE
OF PAYMENT OF SEA AREA USAGE FEES
To: (Name of the organization or
individual paying sea area usage fees)
- Tax identification number: ……………………………………………………………………………………………..
- ID card/Citizen ID card/Personal identification number
(for individual) No. ……………………………………..
Date of issue:………………….……… Issuing authority: ……………………………………………………….
...
...
...
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- Phone number:……………………………………….. Fax:……………….. E-mail: ……………………………………………….
I. FOR TAX AUTHORITY
Pursuant to the Decision No. …./QĐ-(TTg/BTNMT/UBND) dated
.... (dd/mm/yyyy) of the Prime Minister/the Minister of Natural Resources and
Environment/the People’s Committee of... province/city on sea area assignment,
the tax authority hereby gives a notice of payment of sea area usage fees as
follows:
1. Location of the assigned sea area: …………………………………………….………………
2. Uses of the sea area: ……………………………………….……………………………..
3. Size subject to sea area usage fees: ……………………………………
4. Assignment duration: ……………………………………………………………………..
5. Payment method (annually/every 05 years/in a lump sum): …………………….
6. Specific rate of sea area usage fees: …………………………………………………………
...
...
...
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a) If fees are paid annually:
- First payment: VND ……………….., by... (dd/mm/yyyy);
- Second payment: VND ……………….., by... (dd/mm/yyyy)
b) If fees are paid every 5 years: VND ……………….., by... (dd/mm/yyyy)
c) If fees are paid in a lump sum: VND ……………….., by... (dd/mm/yyyy)
8. Payment deadline: ……………………………………………………………
9. Amount payable to state budget (VND): ………………………………………………………
In words: ……………………………………………………………………………………………..
In case of failure to make the payment by the prescribed
deadline, the late payment interest is required to be paid as prescribed by the
Law on Tax Administration.
...
...
...
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Any issues concerning the amount of sea area usage fees
payable should be reported to the Ministry of Natural Resources and Environment
(General Department of Vietnam’s Sea and Islands), the provincial People’s
Committee (Department of Natural Resources and Environment of... province/city)
for consideration and resolution.
For your information and compliance./.
HEAD OF TAX AUTHORITY ISSUING NOTICE
(Signature,
full name and seal)
II. CALCULATION OF LATE PAYMENT INTEREST (if any);
(For the collecting authority, in the case where the
organization or individual is required to pay late payment fines)
1. Number of days for which the payment of sea area usage
fees is late:
...
...
...
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…..(Place name), (dd/mm/yyyy) ….
HEAD OF TAX
AUTHORITY
(Signature,
full name and seal)
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