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THE
MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
01/VBHN-BTNMT
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Hanoi,
August 29, 2023
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DECREE
ON ASSIGNMENT OF CERTAIN SEA
AREAS TO ORGANIZATIONS AND INDIVIDUALS FOR EXPLOITATION AND USE OF MARINE
RESOURCES
The
Government’s Decree No. 11/2021/ND-CP dated February 10, 2021 on assignment of
certain sea areas to organizations and individuals for exploitation and use of
marine resources, which has been effective since March 30, 2021, is amended by:
The
Government’s Decree No. 104/2022/ND-CP dated December 21, 2022 on amendments to
Decrees on submission and presentation of household registers and temporary
residence registers upon carrying out administrative procedures or providing
public services, which has been effective since January 01, 2023.
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;
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Pursuant
to the Law on Amendments to some Articles concerning planning of 37 Laws dated
November 20, 2018;
At the
request of the Minister of Natural Resources and Environment;
The
Government hereby promulgates a Decree on assignment of certain sea areas to
organizations and individuals for exploitation and use of marine resources[1].
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.
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This
Decree applies to regulatory bodies, organizations and individuals involved in
assignment of sea areas for exploitation and use of marine resources.
Article
2. Definitions
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:
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b) In
case the special legislation does not prescribe form of the license, the
written permission means one of the following documents: investment
certificate, investment registration certificate prescribed by law; decision
issued by a competent authority on conversion from inshore fishing to
aquaculture in accordance with the law on fisheries or written confirmation
issued by the communal People’s Committee that the Vietnamese individual
permanently residing in the commune has his/her major incomes earned from
aquaculture; a document issued by a competent authority that permits the
organization or individual to perform science and technology tasks; another
document that permits the organization or individual to exploit and use marine
resources as prescribed by law.
Article
3. Boundaries and size of sea areas
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.
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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.
2. Ensure
suitability for natural laws and functions of sea areas based on the ecosystem‐based
management of marine resources; meet the demand for exploitation, reasonable,
economical and efficient use of natural resources, environmental protection,
nature conservation and biodiversity of sea and islands, adaptation to climate
change and sea level rise.
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.
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a)
National sector planning;
b)
Regional planning;
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;
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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;
dd) The
People’s Committee of the coastal province shall determine the location,
boundary and size of the sea area which is assigned by the province after
collecting comments of the Ministry of Natural Resources and Environment, the
Ministry of National Defense, the Ministry of Public Security, the Ministry of
Foreign Affairs, provincial army and police authorities and organizations
concerned about the regulations set out in Points a, b and c of this Clause;
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:
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b) The
use of the sea area still conforms to the planning as prescribed in Clause 3
Article 5 of this Decree.
3. The
effective period of the sea area recognition equals to the remaining effective
period of the decision on land allocation or agreement on lease of coastal land
with water surface or seawater surface previously issued by the competent
authority.
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;
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e)
Exercise other rights as prescribed by law.
2. An
organization or individual assigned a sea area has the following obligations:
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;
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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.
Chapter II
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.
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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.
The
maximum size of a sea area assigned for aquaculture purpose as specified in
this Clause is 01 ha.
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.
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a) Name
and address of the organization or individual assigned the sea area;
b) Uses
of the sea area;
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.
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Article 10. Recognition of sea areas
1. An
organization or individual issued with the decision on land allocation or lease
of coastal land with water surface or seawater surface as prescribed by law
before the effective date of this Decree is entitled to continue their use
thereof and exercise of rights and obligations until the expiry of the
allocation or lease term as prescribed by law. In this case, if such organization
or individual wishes to apply for sea area recognition, 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
decision on land allocation or lease of coastal land with water surface or
seawater surface.
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;
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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.
2. The
assignment duration may be extended for each specific case but the total
extended period must not exceed 20 years. The extension shall be documented in
a new decision on sea area assignment.
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.
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1. A
decision on sea area assignment may be amended in the following cases:
a)
Information about the organization or individual assigned the sea area is
changed without changing its/his/her ownership, except for the cases in Points
b and c of this Clause;
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.
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Article
14. Use of sea areas for sea dumping
1. If an
organization or individual is eligible to be issued with or extend the sea
dumping permit; amend the sea dumping permit in the case of change of the
boundary or size of the sea area used for dumping, the competent authority that
has the power to issue, extend and amend the sea dumping permit shall issue
both sea dumping permit and decision on sea area assignment to the organization
or individual.
The
organization or individual is not required to submit an application for sea
area assignment or extension of assignment duration or amendment to the
decision on sea area assignment; the 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);
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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:
a) An
application form for sea area assignment, which is made using the Form No. 01
enclosed herewith;
b) A copy
of one of the following documents:[2]
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
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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;
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 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.
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a) Within
03 working days from the end of the appraisal, the appraising authority shall
submit the application to the assigning authority;
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 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.
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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 sea area showing the coordinates of the corner points of the sea
area, which is made using the Form No. 05 enclosed herewith.
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:
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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 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).
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An
application for extension of assignment duration consists of:
1. An
application form for extension of assignment duration, which is made using the
Form No. 02 enclosed herewith.
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;
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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 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:
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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 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
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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;
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 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:
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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.
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 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.
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Article 24. Procedures for processing the application for
amendment to the decision on sea area assignment
1. Receipt
of the application:
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;
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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 assigning authority;
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:
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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;
c)
Reception units of district-level People’s Committees, 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 district-level People’s Committees. If
a reception unit is not available, the district-level Department of Natural
Resources and Environment is the receiving authority.
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:
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b)
Electronic documents must bear digital signatures issued by a certification
authority in accordance with regulations of law on digital signatures;
c)
Electronic documents are equivalent to physical documents;
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
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a) The
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) 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) The
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;
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3. Contents
of appraisal of an application for sea area return:
a) The
adequacy regarding format and contents of the application;
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;
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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;
d) Within
24 consecutive months from the effective date of the decision on sea area
assignment, the organization or individual fails to use the sea area in part or
in whole to exploit and use marine resources, except for force majeure or
plausible reasons approved by a competent authority in writing as prescribed by
law;
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:
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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.
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;
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dd) The
individual or owner of the sole proprietorship or owner of the single-member
limited liability company is dead without leaving an heir.
2. As the
decision on sea area assignment is invalidated as prescribed in Points b and c
Clause 1 of this Article, the organization or individual assigned the sea area
shall handle the works and equipment used for exploitation and use of marine
resources; remediate and improve the environment in the sea area as prescribed
by law and submit a report thereon to the assigning authority.
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
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2. Using
sea areas as prescribed in Clause 2 Article 44 of the Law on Fisheries.
3. Using
fixed sea areas for performance of science and technology tasks approved by
competent authorities.
4. Using
sea areas for serving marine protected areas, areas for exploitation and
protection of aquatic resources, wetland protected areas.
5. Using
sea areas for petroleum exploration; for petroleum extraction and transport of
petroleum resources extracted within Vietnam’s territorial waters to shore by
pipeline under petroleum product sharing contracts and Prime Minister’s
decisions (including the use of sea areas for directly serving petroleum
extraction and transport, for installing platforms, building oil ports,
building petroleum pipelines, flowlines and other auxiliary works).
6. Using
sea areas for dumping of materials dredged from waters facing against wharves,
turning basins, anchorage areas, transshipment areas, storm shelters, pilot
boarding areas, quarantine areas, navigational channels and other auxiliary
works to serve public interests and other state-funded maritime infrastructure
to serve public interests.
7. Using
areas for construction, installation and operation of works that serve national
and public interests.
8. The
Prime Minister shall decide on sea usage fee exemption granted to other cases
requested by the Minister of Natural Resources and Environment.
Article 32. Activities on which sea area usage fees are charged
1. Except
for the activities mentioned Article 31 hereof, sea area usage fees are
charged on other activities. Those activities are classified into 6 groups
based on intended uses of sea areas specified in Clause 1 Article 34 hereof.
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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.
Article 33. Size on which sea area usage fees are charged
1. The
size on which sea area usage fees are charged (except for the case of sea
dumping) is the one specified in the decision on sea area assignment issued by
the assigning authority and is expressed in hectares (ha).
2. If an
investment project covers part of the sea area, land, coastal land with surface
water or coastal alluvial land, the financial obligations discharged to the
State shall be determined for each corresponding part as prescribed by law.
Article 34. Range and specific rates of sea area usage fees
1. Activities
on which sea area usage fees are charged shall be classified into 6 groups
based on intended uses of sea areas with the range as follows:
a) Fees
for use of sea areas for sea dumping (group 1) range from VND 15,000/m3 to
VND 20,000/m3;
b) Fees
for use of sea areas as seaports, floating platforms, offshore oil ports and
other ports and berths; as areas of water facing against
wharves, turning basins, anchorage areas, transshipment areas, storm shelters,
specialized navigational channels and other auxiliary works; as areas of water
serving operations of ship building and repair facilities and construction of
passenger ports; as areas of water serving operations of restaurants and
recreation and sports areas; as anchorage areas for tourist boats; for
petroleum extraction; mineral mining; for salvage of artifacts and archaeology
(group 2) range from VND 6,500,000/ha/year to VND 7,500,000/ha/year;
c) Fees
for use of sea areas for construction of suspension cable systems, floating,
submarine and land reclamation facilities, artificial islands, civil
construction and other works range from VND 6,000,000/ha/year to VND
7,500,000/ha/year;
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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;
e) Fees
for use of sea areas for exploitation of energy of such types as oceanic wind,
waves, tides, currents and other activities (group 6) range from VND
3,000,000/ha/year to VND 7,500,000/ha/year.
2. Specific
rates of sea area usage fees shall be determined as follows:
a)
According to the ranges specified in Clause 1 of this Article and specific
socio-economic conditions, the Ministry of Natural Resources and Environment
shall, every 05 years, decide specific rates of sea area usage fees charged on
each group of activities in sea areas under its and the Prime Minister’s
assignment authority;
b)
According to the ranges specified in Clause 1 of this Article and specific socio-economic
conditions, provincial People’s Committees shall, every 05 years, decide
specific rates of sea area usage fees charged on each group of activities in
sea areas within their provinces within under their assignment authority;
c) The
Ministry of Natural Resources and Environment and provincial People’s
Committees shall decide specific rates of sea area usage fees as prescribed in
Points a and b of this Clause within 90 days from the effective date of this
Decree.
3. If a
sea area has multiple uses but the specific size reserved for each of which
cannot be determined, the highest rate shall apply.
4. Regarding
activities on which specific rates of sea area usage fees have yet to be
charged as prescribed in Clause 2 of this Article, the Ministry of Natural
Resources and Environment and provincial People’s Committees shall make a
decision on each specific case provided that the rate must not be less than VND
3,000,000/ha/year and more than VND 7,500,000/ha/year.
5. The
Ministry of Natural Resources and Environment shall preside over and cooperate
with the Ministry of Finance in requesting the Government to adjust ranges of
sea area usage fees from time to time in conformity with socio-economic
conditions.
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1. Sea
area usage fees shall be charged from the effective date of the decision on sea
area assignment issued by the competent authority.
2. The
method for payment of sea area usage fees is proposed by the applicant upon
submitting the application for sea area assignment. The payment methods and
amount of sea area usage fees payable corresponding to each method written on
the decision on sea area assignment shall be decided by the assigning authority
and specified in the decision on sea area assignment. Except for the case of
use of sea areas for sea dumping, one of the following payment methods shall be
adopted:
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:
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The
second period: fully pay the rest by October 31 of the year.
4. If sea
area usage fees are paid in a lump sum for 05 years, 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 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:
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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.
Article 36. Procedures for collection and payment of sea area
usage fees
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:
...
...
...
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2. Expenditures
on organization of conferences, seminars, technical meetings and meetings of
councils for appraisal of applications for sea area assignment (if any).
3. Expenditures
on appraisal and processing of applications for sea area assignment, sea area recognition,
extension of extension of assignment duration, amendment of decisions on sea
area assignment; return and expropriation of sea areas.
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.
...
...
...
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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:
a) The
paid amount shall not be refunded in the case where the sea area is expropriated
as prescribed in Points a, b, c, d and dd Clause 1 Article 28 hereof;
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
...
...
...
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1. Assist
the Government in performing integrated and uniform management of sea areas for
exploitation and use of marine resources nationwide.
2. 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.
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.
...
...
...
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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.
4. Organize
dissemination of knowledge and laws to organizations and individuals involved
in assignment and use of sea areas.
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.
...
...
...
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Article 42. Responsibilities of other authorities concerned
1. Before
granting written permission for exploitation and use of marine resources,
competent authorities shall seek opinions and reach an agreement with assigning
authorities specified in Article 8 hereof about locations, boundaries,
coordinates and size of sea areas where marine resources are expected to be
exploited and used and other related issues.
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 [3]
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.
...
...
...
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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.
4. If a
bathymetric map with an appropriate scale is not available, the chart published
by the Vietnam People's Navy with an appropriate scale based on the VN 2000
coordinate system may be used to assign sea areas.
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.
...
...
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CERTIFIED
BY
PP. THE
MINISTER
THE DEPUTY MINISTER
Le Minh Ngan
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/ND-CP dated
February 10, 2021)
Form No.
Name
Form No. 01
Application
form for sea area assignment/recognition
...
...
...
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Application
form for extension of sea area assignment duration
Form No. 03
Request
form for partial or total return of sea area
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
...
...
...
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Decision
on permission for sea area return
Form No. 08
Decision
on sea area expropriation
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
...
...
...
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Form No. 01
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
APPLICATION FORM FOR SEA AREA
ASSIGNMENT/RECOGNITION
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).
...
...
...
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Current
uses of the sea area: (type of activity intended for exploitation and use of
marine resources)....
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).
Proposed
assignment duration….. (months/years).
Method of
sea area usage fee payment ….. (annually/every 05 years/in a lump sum) or
requesting exemption from sea area usage fees (if falling into the cases
mentioned in Article 31 of this Decree) ….
(Name of
the applicant) ... undertakes to strictly comply with regulations of law on use
of sea areas and other relevant regulations of law./.
…..(Place name), (dd/mm/yyyy) ….
APPLICANT
(Signature; seal or fingerprints)
...
...
...
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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)
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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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 ... districtHereby would
like to apply for extension of sea area assignment with an additional duration
of…. (months/years).
Current
uses of the sea area: (type of activity intended for exploitation and use of
marine resources)....
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).
Reasons
for extension ……………………………………………………
(Name of
the applicant)………………….. undertakes to strictly comply with regulations of law
on use of sea areas and other relevant regulations of law./.
…..(Place name), (dd/mm/yyyy) ….
APPLICANT
(Signature; seal or fingerprints)
...
...
...
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Form No. 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 ………………………………………………………
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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- 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./.
…..(Place name), (dd/mm/yyyy) ….
APPLICANT
(Signature; seal or fingerprints)
...
...
...
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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).
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).
...
...
...
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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)
Form No. 05
...
...
...
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DIAGRAM OF SEA AREA TO BE
ASSIGNED, RECOGNIZED OR RETURNED
To: (type of activity intended for exploitation and use of marine
resources)....
Corner points
VN-2000 Coordinate system
Central meridian…projection…
Geographic coordinates
(degree, minute, second)
Rectangular coordinates
...
...
...
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Longitude
X (m)
Y (m)
1
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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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).
- Distance,....km
away from the seashore or island shore.
- Location
of the sea area, in ….. commune, ….. district,... province
- Coordinates
and size with two digits after the decimal point.
- The
scale... is excerpted from the topographic map (name of the map – if any)
Number... Scale... Coordinate system... Central meridian... projection...
Elevation system.... published by ... in... or the chart (if
the bathymetric map with an appropriate scale is not available)
Number... Scale .... at the latitude... Projection... Reference system...
Depth.... published by... in...)
...
...
...
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Legend: 
Sea area assigned
Mean
lowest waterfront in multiple years
3-nautical
mile line (if any) 
6-nautical mile line (if any)
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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No.
…../QD-(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 Government Organization dated June 19, 2015;
Pursuant
to the Law of the Sea of Vietnam dated June 21, 2012;
...
...
...
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Pursuant
to the Government’s Decree No. .../…/ND-CP dated (dd/mm/yyyy) …..defining
the functions, tasks, powers and organizational structure of the Ministry of
Natural Resources and Environment, etc.;1
Pursuant
to the competent authority’s written permission for exploitation and use of
marine resources No. ... dated (dd/mm/yyyy) …..regarding ....;
In
consideration of the application form and application for sea area assignment
dated (dd/mm/yyyy) ….. of (name of the organization or
individual) ...submitted at the Reception unit/Public administrative
service center (Ministry of Natural Resources and Environment/Department of
Natural Resources and Environment of ...province/Department of Natural
Resources and Environment of ...district);
At the
request of the Minister of Natural Resources and Environment/General Director
of General Department of Vietnam’s Sea and Islands/Director of Department of
Natural Resources and Environment of ...province/Head of Department of Natural
Resources and Environment of ...district
HEREBY DECIDES:
Article
1. The sea area use right is transferred to:….. (name of the
organization or individual assigned the sea area).
- Uses of
the sea area: …………………………………………
- Location
of the sea area: ……………………………………………………………. (commune, district, province)
...
...
...
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- Sea
area assignment duration (….. months/years from the effective date of this
Decision).
- Sea area
usage fees payable:….., payment method.
Article
2. (Name of the organization or individual)
………………………………………………………….has the following obligations:
1. Fulfill
the obligations specified in Clause 7 of the Decree No. ... and other
obligations as prescribed by law.
2. Use
the sea area with the prescribed coordinate, size, scope, boundary and
elevation.
3. Use
the sea area for its intended uses specified in Article 1 of this Decision.
4. Pay
sea area usage fees.
5. Before
using the sea area, notify the Ministry of Natural Resources and
Environment/the People’s Committee of ...province/the People’s Committee of
...district for on-site assignment purpose.
6. Report
and provide information about the use of the sea area to the assigning
authority as prescribed by law.
...
...
...
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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.
9
……………………………….…………………………………………
Article
3. This Decision comes into force from the day on which it is signed.
1. (Name
of the organization or individual)... is permitted to use the sea area only
after complying with all relevant regulations of law and regulations of this
Decision.
2. The
Minister, Chairman/Chairwoman of the Office of the Government, the Minister of
Natural Resources and Environment/General Director of General Department of
Vietnam’s Sea and Islands (Chief of Office of People’s Committee of....
province/Director of Department of Natural Resources and Environment of....
province, Director of Department of Finance of.... province/Head of Department
of Natural Resources and Environment of.... district) have the responsibility
to expedite and inspect the implementation of this Decision./.
THE
PRIME MINISTER/THE MINISTER
(ON BEHALF OF THE PEOPLE’S COMMITTEE OF…PROVINCE/DISTRICT
CHAIRMAN/CHAIRWOMAN)
(Signature and seal)
___________________
...
...
...
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Form No. 07
PRIME
MINISTER/MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT/PEOPLE’S COMMITTEE OF
... PROVINCE/PEOPLE’S COMMITTEE OF ... DISTRICT
-------
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.
…../QD-(TTg/BTNMT/UBND)
…..(Place
name), (dd/mm/yyyy) …..
DECISION
On permission for sea area
return
...
...
...
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Pursuant
to the Law on Government Organization dated June 19, 2015;
Pursuant
to the Law on 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/ND-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. .../…/ND-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.
...
...
...
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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.
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)
___________________
...
...
...
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Form No. 08
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.
…../QD-(TTg/BTNMT/UBND)
…..(Place
name), (dd/mm/yyyy) …..
DECISION
On sea area expropriation
...
...
...
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Pursuant
to the Law on Government Organization dated June 19, 2015;
Pursuant
to the Law on 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/ND-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. …../2021/ND-CP dated ...., 2021 on assignment of
certain sea areas to organizations and individuals for exploitation and use of
marine resources1;
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………….….
...
...
...
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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.
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)
___________________
...
...
...
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Form No. 09
THE
PRIME MINISTER/THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT/THE PEOPLE’S
COMMITTEE OF ... PROVINCE/THE PEOPLE’S COMMITTEE OF ... DISTRICT
-------
DIAGRAM OF SEA AREA ASSIGNED TO
ORGANIZATION/INDIVIDUAL
to (type of activity intended for exploitation and use of marine
resources)……………..
in ….. commune, ……..district, …………………… province
(Enclosed with the Decision on sea area assignment No. …..QD-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…
...
...
...
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Rectangular coordinates
Latitude
Longitude
X (m)
Y (m)
1
...
...
...
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2
…
...
...
...
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n
Size
of the sea area to be used (ha)
Depth
of the sea area to be used (m)
...
...
...
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Elevation
of the sea area to be used (m) (if any)
Notes: The
diagram shall show the following information:
- Size…ha,
permissible depth….m
- Height
of works or equipment used above the sea level ….(m). Distance,....km away
from the seashore or island shore.
- Coordinates
and size with two digits after the decimal point.
...
...
...
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- 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)
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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I. FOR
TAX AUTHORITY
Pursuant
to the Decision No. …./QD-(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)
c) If
fees are paid in a lump sum: VND ……………….., by... (dd/mm/yyyy)
8. Payment
deadline: ………………………………
9. Amount
payable to state budget (VND): ……………………………….
In words:
…………………………………………………………….
In case
of failure to make the payment by the prescribed deadline, the late payment
interest is required to be paid as prescribed by the Law on Tax Administration.
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)
[1] Prelude to the
Government’s Decree No. 104/2022/ND-CP dated December 21, 2022 on amendments to
Decrees on submission and presentation of family registers and temporary
residence registers upon carrying out administrative procedures or providing
public services:
“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;
The Law
on Residence dated November 13, 2020;
At the
request of the Minister of Public Security;
...
...
...
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[2] The phrase “sổ hộ khẩu”
(“family register”) is removed from clause 5 Article 13 of the Government’s
Decree No. 104/2022/ND-CP dated December 21, 2022 on amendments to Decrees on
submission and presentation of household register booklets, temporary residence
register booklets upon carrying out administrative procedures or providing
public services, which has been effective since January 01, 2023.
[3] Article 15 of the
Government’s Decree No. 104/2022/ND-CP dated December 21, 2022 on amendments to
Decrees on submission and presentation of household registers and temporary
residence registers upon carrying out administrative procedures or providing
public services stipulates that:
“Article
15. Responsibility for implementation and implementation clause
1. Ministers,
heads of the ministerial agencies, heads of Governmental agencies, Chairpersons
of People's Committees of provinces and central-affiliated cities shall
implement this Decree and announce administrative procedures under their
authority.
2. This Decree
comes into force from January 01, 2023.
3. From the effective date of this Decree,
administrative procedures and public services requiring the submission and
presentation of family registers and temporary residence registers shall be
replaced by the use of information on residence as prescribed in Article 14 of
this Decree.”.