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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 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 lowest waterfront in multiple 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 and outer boundaries lie at a distance of 03
nautical miles from the mean lowest waterfront in multiple years.
5. “06-nautical mile waters” means a
territorial waters whose inner and outer boundaries lie at a distance of 06
nautical miles from the mean lowest waterfront in multiple 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 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 lowest waterfront in multiple
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 lowest waterfront in multiple
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 lowest waterfront in multiple 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 lowest waterfront in multiple
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 prescribe by the law on fisheries or written confirmation
issued by the communal People’s Committee that the 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 a 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 waters facing against
wharves, turning basins, anchorage areas, transhipment 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,
transhipment 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 waters
facing against wharves, turning basins, anchorage areas, transhipment areas,
storm shelters, pilot
boarding areas, quarantine areas, specialized navigational channels and other
auxiliary works; as waters serving operations of ship building and repair
facilities and construction of passenger ports; as waters 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 charge as prescribed in Clause 2 of
this Article, the Ministry of Natural Resources and Environment and provincial
People’s Committees shall make a decision in each specific case but 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 lowest waterfront in multiple 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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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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
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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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
(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
---------------
APPLICATION
FORM FOR EXTENSION OF SEA AREA ASSIGNMENT DURATION
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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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 related to 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.
Reasons for extension
………………………………………………………………………………………
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
…..(Place name),
(dd/mm/yyyy) ….
APPLICANT
(Signature;
seal or fingerprints)
Form
No. 03
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
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)
Name of the applicant
……………………………………………………………………………
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Form
No. 04
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
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: ……………………………………
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).
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
NAME OF ORGANIZATION/INDIVIDUAL ...
DIAGRAM
OF SEA AREA TO BE ASSIGNED, RECOGNIZED OR RETURNED
To: (type of activity
related to exploitation and use of marine resources)....
Corner points
VN-2000 Coordinate
system
Central meridian…projection…
Geographic
coordinates
(degree, minute, second)
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Latitude
Longitude
X (m)
Y (m)
1
...
...
...
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2
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
n
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Size of the sea area to be used (ha)
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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...)
- Elevation and depth of the sea area to be
used based on the Elevation system...
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Sea area assigned
Mean lowest waterfront in multiple 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.
- Height of works or equipment used above
the sea level (m).
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- 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
PRIME
MINISTER/MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT/PEOPLE’S COMMITTEE OF
... PROVINCE/PEOPLE’S COMMITTEE OF ... DISTRICT
-------
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
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;
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
- Sea area assignment duration (…..
months/years from the effective date of this Decision).
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
8. Do not obstruct the legal exploitation and
use of marine resources permitted in the assigned sea area by the competent
authority and other legal activities at the sea as prescribed.
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
Pursuant to the Law on Local Government
Organization dated June 19, 2015;
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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:
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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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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
Form
No. 08
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
Pursuant to the Law of the Sea of Vietnam
dated June 21, 2012;
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
2. Take measures to remediate and improve the
environment in the assigned sea area and fulfill related obligations as
prescribed by law.
...
...
...
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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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Form
No. 09
...
...
...
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DIAGRAM
OF SEA AREA ASSIGNED TO ORGANIZATION/INDIVIDUAL
to (type
of activity related to 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 lowest waterfront in multiple years
3-nauticle mile line (if any) 6-nauticle mile line
(if any)
...
...
...
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- 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
NAME OF SUPERIOR
TAX AUTHORITY
NAME OF TAX AUTHORITY ISSUING NOTICE
-------
...
...
...
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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: ……………………………………………………….
- Address: ……………………………………………………………………………………………
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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: …………………………………………………………
7. Amount payable: ……………………………………………………………..
...
...
...
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- 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)
b) 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.
Sea area usage fees shall be paid under this
Notice.
...
...
...
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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:
2. Late payment interest (In words: …………………………...)
...
...
...
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…..(Place name),
(dd/mm/yyyy) ….
HEAD
OF TAX AUTHORITY
(Signature,
full name and seal)