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|
THE
GOVERNMENT OF VIETNAM |
THE
SOCIALIST REPUBLIC OF VIETNAM |
|
No. 65/2025/ND-CP |
Hanoi, March 12, 2025 |
DECREE
ON AMENDMENTS TO SOME ARTICLES OF DECREE NO. 40/2016/ND-CP DATED MAY 15, 2016 OF THE GOVERNMENT DETAILING THE IMPLEMENTATION OF SOME ARTICLES OF THE LAW ON RESOURCES AND ENVIRONMENT OF SEAS AND ISLANDS AND DECREE NO. 11/2021/ND-CP DATED FEBRUARY 10, 2021 OF THE GOVERNMENT ON ASSIGNMENT OF CERTAIN SEA AREAS TO ORGANIZATIONS AND INDIVIDUALS FOR EXPLOITATION AND USE OF MARINE RESOURCES
Pursuant to the Law on Government Organization dated February 18, 2025;
Pursuant to the Law on Vietnamese Sea dated June 21, 2012;
Pursuant to the Law on Natural Resources and Environment of Sea and Islands dated June 25, 2015;
Pursuant to the Law on Fisheries dated November 21, 2017;
Pursuant to the Law on Planning dated November 24, 2017; the Law on amendments to some articles concerning planning of 37 laws dated November 20, 2018;
At the request of Ministry of Agriculture and Environment;
The Government promulgates the Decree on amendments to some articles of Decree No. 40/2016/ND-CP dated May 15, 2016 of the Government detailing the implementation of some articles of the Law on Resources and Environment of Seas and Islands and Decree No. 11/2021/ ND-CP dated February 10, 2021 of the Government on assignment of certain sea areas to organizations and individuals for exploitation and use of marine resources.
Article 1. Amendments to some articles of Decree No. 40/2016/ND-CP dated May 15, 2016 of the Government detailing the implementation of some articles of the Law on Resources and Environment of Seas and Islands
1. Amendments to clauses 2 and 4 Article 8:
a) Amendments to clause 2:
"2. Coastal waters have the innermost boundary which is the mean lower low water line observed over a period of several years and the outer boundary laying at a distance of 06 nautical miles away from the mean lower low water line."
a) Supplementation to clause 4:
4. The average mean lower low water line in several years
a) The mean lower low water line observed over a period of several years is calculated and determined based on the average value of the mean lower low water line in several years of points with typical values of tides in 18,6 years and types of coastline (coastline as rocky mountain slopes, cliff faces; natural coastlines with a slope greater than or equal to 45 degrees; natural coastlines with a slope less than 45 degrees; coastlines with sea dykes, seawalls), except for cases prescribed in point b of this clause;
b) For coastlines interrupted by estuaries, peatlands, coastal lagoons, the mean lower low water line observed over a period of several years is determined by the distance of two nearest points along the mean lower low water line observed over a period of several years at estuaries, peatlands, coastal lagoons.
For reclaimed areas constructed in accordance with the law, the mean lower low water line observed over a period of several years is the outer boundary of the reclaimed areas;
c) Ministry of Agriculture and Environment shall determine and announce points with typical values of tides; determine and announce the mean lower low water line observed over a period of several years of the mainland and largest islands in island districts; instruct the People’s Committees of provinces with coasts to determine the mean lower low water line observed over a period of several years; outer boundaries of 03-nautical mile and 06-nautical mile waters of the islands.
The People’s Committees of provinces with coasts shall determine and announce the mean lower low water line observed over a period of several years; outer boundaries of 03-nautical mile and 06-nautical mile waters of the islands under their jurisdiction, except for the largest island of the island districts;
d) The mean lower low water line observed over a period of several years of coastlines shall be reviewed and corrected after the investment project for reclamation or reclamation item in the investment project is finished, or when there are changes in the current state of the coastline and topography that alter the announced mean lower low water line observed over a period of several years.
Province-level People’s Committees shall review, determine, correct, and recommend the Ministry of Agriculture and Environment to consider and announce the mean lower low water line observed over a period of several years of the announced mainland and largest islands in island districts; review, determine, correct, and announce the mean lower low water line observed over a period of several years of the islands under their jurisdiction, except for the largest island of the island districts.”
2. Addition of Article 35a (after Article 35):
“Article 35a. Adjustment of the list of coastal areas where the coastal protection corridor must be established
1. The list of coastal areas where the coastal protection corridor must be established shall be adjusted in the following cases:
a) For the purposes of national defense and security; management of natural disasters;
b) Due to the impacts of natural disasters or force majeure events as prescribed in the civil law, the established coastal protection corridor no longer meets the objectives and requirements as prescribed in clause 1 Article 23 of the Law on Natural Resources and Environment of Sea and Islands;
c) Adjustment for compliance with the Comprehensive planning for sustainable exploitation and use of coastal resources, Provincial planning approved by the competent authorities;
d) Adjustment of land use purposes for socio-economic development, for national and public interests under the cases of land repossession in accordance with the Law on Land;
dd) Addition of areas where coastal protection corridors need to be established to meet the objectives and requirements as prescribed in clause 1 Article 23 of the Law on Natural Resources and Environment of Sea and Islands.
2. The adjustment, collection of opinions of authorities, organizations, individuals and relevant communities; approval of the list of coastal areas where the coastal protection corridor must be established shall be implemented as the formulation of the list of coastal areas where the coastal protection corridor must be established in accordance with Articles 31, 32, 33, 34 and 35 of this Decree.”
3. Amendments to Clause 1 Article 40:
"1. Boundaries of the coastal protection corridor shall be adjusted in the following cases:
a) For the purposes of national defense and security; management of natural disasters;
b) There is a significant change of the mean high water line (MHWL) at the coastal area where the coastal corridor must be established;
c) Due to the impacts of natural disasters or force majeure events as prescribed in the civil law, a part of the established coastal protection corridor no longer meets the objectives and requirements as prescribed in clause 1 Article 23 of the Law on Natural Resources and Environment of Sea and Islands;
d) Adjustment for compliance with the Comprehensive planning for sustainable exploitation and use of coastal resources, Provincial planning approved by the competent authorities;
dd) Adjustment of land use purposes for socio-economic development, for national and public interests under the cases of land repossession in accordance with the Law on Land.”
4. Amendments to Clause 4 Article 49:
“4. During the effective period of the sea dumping permit, organizations and individuals are allowed to adjust, add transporting vehicles, and shall notify in written to the authorities issuing the permit before implementation of adjustment.”
5. Amendments to Clause 1 Article 51:
b) There is an increase in the volume of dumped materials; a change in the boundaries, or area of the sea area for dumping.”
6. Amendment to points c and dd, Clause 1, and points d and e, clause 5, Article 54:
a) Amendments to point c clause 1:
“c) The copy accompanied by the original for comparison or the certified copy of the decision on approval of the result of appraisal of the environmental impact assessment report of the competent authorities; adjusted environmental impact assessment report in accordance with the content, requirements for environmental protection mentioned in the decision on approval of the result of appraisal of the environmental impact assessment report of the competent state authorities in cases where the competent authorities approving the results is not the state authorities with competence to issue the sea dumping permit;”
b) Amendments to point dd clause 1:
“dd) The map of the sea area for carrying out dumping activities using Form No. 05 attached to Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on assignment of certain sea areas to organizations and individuals for exploitation and use of marine resources.”
c) Amendments to point d clause 5:
“d) The copy accompanied by the original for comparison or the certified copy of the decision on approval of the result of appraisal of the environmental impact assessment report of the competent authorities; adjusted environmental impact assessment report in accordance with the content, requirements for environmental protection mentioned in the decision on approval of the result of appraisal of the environmental impact assessment report of the competent state authorities if the sea dumping permit is adjusted due to change of dumping scale, or boundaries/area of sea area for dumping in cases where the competent authorities approving the results is not the state authorities with competence to adjust the sea dumping permit;”
d) Amendments to point e clause 5:
“e) The map of the sea area for dumping using Form No. 05 attached to Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on assignment of certain sea areas to organizations and individuals for exploitation and use of marine resources if there is a change in boundaries or area of sea area for dumping.”
7. Amendments to Article 55:
“Article 55. Authorities receiving and processing applications; methods for receiving and returning the results of the application for issuance, re-issuance, extension, adjustment, return of the sea dumping permit
1. Authorities receiving and processing applications for issuance, re-issuance, extension, adjustment, return of the sea dumping permit are those with competence to receive the application for assignment and return of sea area; extension, adjustment of the Decision on assignment of sea area in accordance with clause 1 Article 25 of Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on assignment of certain sea areas to organizations and individuals for exploitation and use of marine resources.
2. Processing authorities:
a) Vietnam Administration of Seas and Islands shall process the application for issuance, re-issuance, extension, adjustment, return of the sea dumping permit within the jurisdiction of the Ministry of Agriculture and Environment;
b) The Depart of Agriculture and Environment shall process the application for issuance, re-issuance, extension, adjustment, return of the sea dumping permit within the jurisdiction of the province-level People’s Committee.
3. Methods for receipt and return of results of processing application shall be in accordance with Article 26 of Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on assignment of certain sea areas to organizations and individuals for exploitation and use of marine resources.”
8. Addition of Clause 5 Article 56:
“5. Competent authorities and individuals shall be responsible only for appraisal, approval, or handling of other relevant procedures related to sea dumping activities in accordance with this Decree; not responsible for contents, which were previously approved, appraised, and handled by other competent authorities and individuals.”
9. Amendment to point a clause 1, clause 2 and clause 3, Article 57:
a) Amendments to point a clause 1:
“a) The applicant for issuance, re-issuance, extension, adjustment, return of sea dumping permit shall submit 01 set of application dossiers to the application-receiving authority in person, by post, or via public services portal. If the application is submitted by post, the date of receiving application shall be the date on which it is delivered by the post office to the application-receiving authority;”
b) Amendments to clauses 2 and 3:
“2. The application shall be processed according to the following procedures:
From the date on which the application receipt note is granted, within 60 days if the application for issuance of sea dumping permit is submitted, or within 45 days if the application for extension/ return of sea dumping permit is submitted, or within 30 days if the application for adjustment of sea dumping permit is submitted, or within 15 days if the application for re-issuance of sea dumping permit is submitted, the application-processing authority shall take the following responsibilities:
a) Complete the processing of applications according to the contents prescribed in Article 56 of this Decree. The appraisal result must be recorded in writing.
The application-processing authority shall, if necessary, submit the decision on establishment of the Council for processing applications to the competent authorities; send written document to collect opinions from relevant authorities; carry out the field inspection.
In case of establishment of the Council for processing applications, competent authorities issuing, re-issuing, extending, adjusting, returning sea dumping permit shall issue the decision on establishment of the Council for processing applications. The Council for processing applications comprises of 01 President, who is a head of competent authority for issuance, re-issuance, extension, adjustment, return of sea dumping permit; 01 Vice President, who is a head of application-processing authority; 01 Secretary, 02 Opposing Members, and Members. At least one-third of the Council members shall be expertise in assessing the compatibility of sea dumping activities with the marine environment and ecosystem. Members of the Council for processing applications shall take responsibilities for opinions and evaluations regarding the application for issuance, re-issuance, extension, adjustment, return of sea dumping permit. The Council operates on the principle of transparent discussions among its members. The Council meeting shall only proceed when at least two-thirds of the total number of Council members participate in the meeting (either in person or online), including the President or Vice President, the Secretary, and at least 01 Opposing Member.
Organizations, individuals applying for issuance, extension, adjustment, return of sea dumping permit shall be invited to participate in the Council meeting.
Within 15 days from the receipt of written document for collection of opinions attached with valid application in accordance with the law, the authority providing opinions is responsible for responding in writing.
The time limit for field inspection is 10 days. The time period for collecting opinions and field inspection shall not be included in the time limit for processing applications.
If the application is not valid for issuance of sea dumping permit, the application-processing authority shall send the information stating the reasons to the application-receiving authority for written response to organizations and individuals;
b) If the application lacks of information for issuance, extension, adjustment of sea dumping permit, the application-processing authority shall send a written request to organizations, individuals for additional of information, explanation. The time for organizations or individuals to submit additional information or explanation is not included in the time limit for processing applications. Organizations or individuals shall send additional information or explanation to the application-processing authority within 30 days from the date the application-processing authority send the written request. If the application-processing authority does not receive the additional information or explanation within the time limit, the application-processing authority shall sent the information to the application-receiving authority for written response to organizations and individuals on not issuing, re-issuing, extending, adjusting the sea dumping permit.
If the application is valid, the application-processing authority submit the application to the competent authorities for issuance of the sea dumping permit.
3. The application shall be submitted to competent authorities for settlement according to the following procedures:
a) Within 05 working days from the date of completing processing applications in accordance with point a clause 2 of this Article, or from the date of receiving the additional information and explanation from organizations or individuals in accordance with point b Clause 2 of this Article, the application-processing authority shall submit the application to the competent authorities to issue the sea dumping permit and assign the sea areas for sea dumping activities;
b) Within 05 working days from the date on which the application-processing authority submit the application, the competent authorities shall consider and issue, re-issue, extend, adjust, return sea dumping permit, and assign sea areas, extend the duration for assignment of sea areas, adjust the decision on assignment of sea areas for sea dumping activities; If the application is rejected by the competent authorities, the application-processing authority shall send the information stating the reasons to the application-receiving authority for written response to organizations and individuals.”
Article 2. Amendments to some articles of Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on assignment of certain sea areas to organizations and individuals for exploitation and use of marine resources
1. Amendments to Clause 1 Article 1:
1. Scope
a) This Decree provides for assignment of certain sea areas from the mean lower low water line observed over a period of several years to all territorial waters of Vietnam to organizations and individuals for the purpose of exploiting and using marine resources;
b) The use of sea areas for national defense and security reclamation is not covered by this Decree.”
2. Amendments to clause 4, clause 5 and point b clause 6, Article 2:
a) Amendments to clauses 4 and 5:
“4. 03-nautical mile waters means a territorial waters whose inner boundary is the mean lower low water line observed over a period of several years of the mainland or largest islands in island districts and outer boundary lies at a distance of 03 nautical miles from the mean lower low water line observed over a period of several years of the mainland or largest islands in island districts.
5. 06-nautical mile waters means a territorial waters whose inner boundary is the mean lower low water line observed over a period of several years of the mainland or largest islands in island districts and outer boundary lies at a distance of 06 nautical miles from the mean lower low water line observed over a period of several years of the mainland or largest islands in island districts.”
b) Amendments to point b clause 6:
“b) In case the special legislation does not prescribe form of the license, the written permission means one of the following documents: decision to approve the investment proposal, document approving the investment proposal, investment certificate, investment registration certificate of projects using seas areas; document issued by a competent state authority on conversion from inshore fishing to aquaculture in accordance with the law on fisheries or written confirmation issued by the commune-level 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”.
3. Amendments to clause 1 and addition of clause 4, Article 3:
a) Amendments to clause 1:
“1. Boundary of a sea area is determined by a closed line consisting of straight line segments connecting corner closure points with specific coordinates or any other specific shapes with specific areas, and shown on the bathymetric map published by the Ministry of Agriculture and Environment with an appropriate scale. The map of a sea area is a professional map in accordance with the law on map.”
b) Addition of clause 4:
“4. Outer boundary of 03-nautical mile waters and 06-nautical mile waters of the mainland or largest islands in island districts is adjusted when the mean lower low water line observed over a period of several years is changed.”
4. Amendments to clauses 5 and addition of clause 6 Article 4:
a) Amendments to clause 5:
“5. Within a territorial waters, a sea area may be assigned to one or more organizations or individuals to use it for one or more intended uses but such uses must not contradict the legal exploitation and use of marine resources by other organizations or individuals. Within a sea area, only one organization or individual are assigned to use it for one or more purposes of exploiting and utilizing marine resources.”
b) Addition of clause 6:
“6. Competent authorities and individuals shall be responsible only for appraisal, approval, or handling of other relevant procedures related to assignment of sea areas in accordance with this Decree; not responsible for contents, which were previously approved, appraised, and handled by other competent authorities and individuals.”
5. Amendments to clauses 3 and point b clause 4 Article 5:
a) Amendments to clause 3:
3. Based on one of the following plannings:
a) National marine spatial planning;
b) Comprehensive planning for sustainable exploitation and use of coastal resources;
c) National sector planning;
d) Regional planning;
dd) Province-level planning;
e) Special administrative - economic unit planning;
g) Technical and specialized planning.
In cases where the prescribed plannings do not specify the scope of the assigned sea area, the determination of the location, boundary, and area of the assigned sea area shall be in accordance with clause 4 of this Article.”
b) Amendments to point b clause 4:
“b) The sea area to be used shall ensure that the exploitation and use of marine resources do not adversely affect the environment, marine ecosystems, fisheries resources, marine conservation area, fisheries resource protection area, activities to protect and promote the cultural heritage value, and human health in accordance with the law;”
6. Addition of Article 5a (after Article 5):
“Article 5a. Cases of rejection of assignment of sea areas
1. Activities that use the sea area to harm Vietnam's sovereignty, sovereign rights, national jurisdiction, and national interests at sea; activities that harm national defense, security, order, and safety at sea; activities prohibited by Vietnamese law.
2. The sea area to be assigned is within the area requiring special protection for defense purposes; level-1 protection zone of historical-cultural relics; strictly protected zones and ecological restoration zones of marine conservation areas, world heritage sites, biosphere reserves, national parks; fisheries resource protection areas; wetland areas with unique ecosystems, high biodiversity, functions of maintaining water sources and ecological balance, of international and national importance; areas with special-use forests; areas with seagrass ecosystems, coral reefs; areas with oil and gas facilities, equipment, and structures at sea and the safety zone around these facilities, except in cases where organizations are entrusted to manage and carry out activities in these sea areas in accordance with the law.
3. Activities using the sea area that seriously affect the ongoing basic survey, scientific research, exploration, exploitation, and use of marine resources in Vietnamese waters; activities that seriously affect the conservation of historical-cultural relics, scenic spots, and cultural heritage.
4. Activities using the sea area that involve the use of explosives, toxic chemicals, and other means and equipment that can cause harm to people, resources, and marine environmental pollution, except in cases where explosives, toxic chemicals are permitted by competent state authorities in accordance with the law.
5. Information in the application for the assignment of the sea area is inaccurate or information about the activities is not appropriate for the purpose of the sea area to be assigned.”
7. Amendments to point b clause 1 Article 6:
“b) Regarding the investment project whose investment guidelines have been approved or decided by a competent state authority and which has been issued with the investment registration certificate or investment certificate with an investment duration of over 30 years, the assignment duration may be over 30 years but must not exceed the investment duration specified in the written approval for investment guidelines, decision on investment guidelines, investment registration certificate or investment certificate (except for marine aquaculture projects”).
The time limit for assignment of sea area for aquaculture shall not exceed 50 years; the time limit for Vietnamese organizations and individuals to carry out scientific and technological duties to serve aquaculture shall not exceed the time limit of the scientific and technological duties approved by the competent authorities.”
8. Addition of Article 6a (after Article 6):
“Article 6a. Activities that do not require the procedures for assignment of sea area
1. Activities that do not require the procedures for assignment of sea area:
a) Fishing activities at sea; protection and regeneration of aquatic resources; marine conservation activities in accordance with the laws on fisheries, environmental protection, and biodiversity;
b) Activities to directly address the consequences of natural disasters and environmental incidents at sea; construction of infrastructure for management of natural disasters funded by the state or by organizations, individuals using non-state budget sources for non-profit purposes in accordance with laws on disaster management;
c) Scientific research activities conducted by foreign organizations or individuals in Vietnamese waters that have been licensed by the competent state authorities in accordance with Article 19 of the Law on Natural Resources and Environment of Sea and Islands;
d) Oil and gas exploration activities; dredging activities in port waters, fishing ports, anchorage areas for fishing vessels, and shipping lanes (excluding dredging activities with product recovery) in accordance with the law;
dd) Scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea carried out by state authorities;
e) Scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea carried out by organizations or individuals as part of duties approved, commissioned, or assigned by the competent state authority using state budget (excluding scientific and technological duties for aquaculture purposes);
g) Maritime activities serving national interests and public benefits, and maritime infrastructure invested with state budget for national interests, public benefits with non-profit purposes; construction and installation of facilities serving national and public interests invested by the state or by organizations, individuals using non-state budget sources for non-profit purposes; survey, installation, maintenance, repair, and recovery of submarine telecommunication cables at sea;
h) Activities using sea areas for national defense and security purposes, including cases where sea areas are used to carry out sea dumping.
2. Before the competent authority approves, commissions, or assigns activities as prescribed in points d, dd, e, and g, clause 1 of this Article, the opinions of the competent authority as prescribed in Article 8 of this Decree regarding the purpose, location, coordinates, boundaries, area, depth, and time limit of activities using sea areas must be obtained.
Before implementation, organizations or individuals carrying out activities as prescribed in points d, dd, e, and g, clause 1 of this Article must send information about the purpose, location, coordinates, boundaries, area, depth, and duration of activities using marine areas to the authority prescribed in clause 2 of Article 25 of this Decree.
3. Organizations or individuals exploiting and using sea areas other than cases prescribed in clause 1 of this Article must be assigned sea areas in accordance with this Decree.”
9. Amendments to points c, d, and dd, clause 2, Article 7:
“c) Protect marine environment; annually, before December 31, report the use of assigned sea areas to the competent state authority that has the power to assign the sea area using the Form No. 12 attached to this Decree; do not provide information about the sea area in contravention of the law;
d) Pay sea area usage fees in accordance with the law; only use the sea area after fulfilling all financial obligations in accordance with the law;
dd) Do not transfer, mortgage, contribute capital, or lease the right to use the assigned sea areas, except for the case in clause 3 of this Article;”
10. Amendments to Article 8:
“Article 8. The power to assign, recognize and permit return of sea areas; extend assignment duration and amend decisions on sea area assignment; expropriate sea areas
1. The Ministry of Agriculture and Environment shall decide to assign sea areas in the following cases: sea areas lying outside 06-nautical mile waters from the mean lower low water line observed over a period of several years of the mainland and islands as prescribed in clause 3 Article 3 of this Decree, except for cases prescribed in point c clause 2 of this Article; inter-regional sea areas; sea areas for aquaculture assigned to foreign investors and foreign-invested business entities.
2. The People’s Committees of coastal provinces shall decide to assign sea areas in the following cases, except for cases prescribed in clauses 1 and 3 of this Article.
a) Sea areas lying within 06-nautical mile waters from the mean lower low water line observed over a period of several years of the mainland and islands as prescribed in clause 3 Article 3 of this Decree;
b) Sea areas for aquaculture lying within 06-nautical mile waters from the mean lower low water line observed over a period of several years of the mainland and islands;
c) Sea areas lying outside of the 06-nautical mile waters from the mean lower low water line observed over a period of several years of the mainland and islands as prescribed in clause 3 Article 3 of this Decree and under the administrative management jurisdiction of the People’s Committees for projects using sea areas for which the People’s Committees of coastal provinces decide to approve investment proposal, issue mineral exploitation permits.
3. The People’s Committees of coastal districts shall decide to assign Vietnamese individuals sea areas for aquaculture purpose as prescribed in point a clause 2 Article 44 of the Law on Fisheries which lie within 03-nautical mile waters from the mean lower low water line observed over a period of several years of the mainland and islands.
The maximum size of a sea area assigned for aquaculture purpose as prescribed in this clause is 05 ha.
4. The state authority that has the power to assign a sea area also has the power to recognize, extend/amend the decision on assignment of, permit return of and expropriate such sea area.
The People’s Committees of coastal provinces shall take responsibilities for sending decision on assignment, recognition, permit return of sea areas; extending, adjusting the decision on assignment of sea areas; revocating and expropriating the sea areas to the Ministry of Agriculture and Environment.”
11. Addition of clause 4 Article 10:
“4. Organizations and individuals recognized sea areas shall fulfill financial obligations as prescribed in the decision on land allocation or lease of coastal land with water surface or seawater surface until the time of being recognized for the sea areas. In cases where organizations and individuals recognized sea areas have fulfilled financial obligations as prescribed in the decision on land allocation or lease of coastal land with water surface or seawater surface, they shall pay the sea area usage fee for the period that has not been paid.
For entities prescribed in clause 1 of this Article wish to apply for sea area recognition, their previous decision on land allocation or lease of coastal land with water surface or seawater surface and certificate of right to use coastal land with water surface or seawater surface (if any) shall be revoked when the competent authorities issue the decision on assignment of sea area. Organizations, individuals shall execute the rights and fulfill the obligations in accordance with this Decree."
12. Amendments to points c and d and addition of point e clause 1 Article 13:
a) Amendments to points c and d clause 1:
“c) The organization or individual assigned the sea area makes a transfer of the investment project associated with the sea area use right (only when the sea area has been invested in accordance with the project) or a change of the investor which is permitted or approved by a competent authority in accordance with regulations of law on investment; fully divides, partially divides, consolidates or merges an enterprises in accordance with regulations of law on enterprises;
d) Depth; height of the work or equipment permitted for use (if any) is changed; the area of assigned sea area is changed due to the change of the mean lower low water line observed over a period of several years; the usage area of sea area is increased in cases where the competent agency has granted or adjusted the written permission for exploitation and use of marine resources; the assigned sea area is changed in cases where a portion of the sea area is revoked to serve national defense, security, and public interests in accordance with the law;”
b) Addition of point e clause 1:
“e) The usage purpose of a portion of the sea area is changed in cases where environmental impact assessment is not required and there are no changes to the organization or individual that has been assigned the sea area. The change in the usage purpose of a portion of the sea area must be approved by the competent authority or adjusted in the written permission for exploitation and use of marine resources. It must also comply with all other conditions and requirements in accordance with the laws related to activities using the sea area.”
13. Amendments to clause 1 Article 14:
“1. If an organization or individual is eligible to be issued with or extend the sea dumping permit; amend the sea dumping permit in the case of change of the boundary or size of the sea area used for dumping, the competent authority that has the power to issue, extend and amend the sea dumping permit shall issue both sea dumping permit and decision on sea area assignment to the organization or individual.
The organization or individual is not required to submit an application for sea area assignment or extension of assignment duration or amendment to the decision on sea area assignment; The authority with power to issue, extend the sea dumping permit; amendments to the sea dumping permit shall consider deciding to assign a sea area, extend assignment duration or amend the decision on assignment of a sea area for sea dumping in the process of considering deciding to issue, extend or amend the sea dumping permit.”
14. Addition of Article 14a (after Article 14):
“Article 14a. Assignment of sea area for scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea
1. Scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea, except for cases prescribed in points c, d, dd and e, clause 1, Article 6a of this Decree shall be implemented in accordance with procedures for assignment of sea area.
2. The duration for assignment of sea area for scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea shall not exceed 03 years.
3. The decision on assignment of sea area for scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea shall not be adjusted or extended. After the expiration of the assignment, if the organization and individual wish to continue conducting scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea, they shall apply for new assignment of the sea area in accordance with this Decree.
4. Application for assignment of sea area for scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea
a) Application form for assignment of sea area for scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea using Form No. 1 attached to this Decree;
b) Explanatory document for scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea using Form No. 15 attached to this Decree;
c) The document proving the judicial entity in accordance with the law of the country where the organization is established is required if it is a foreign entity; the document proving full civil act capacity in accordance with the law of the country of nationality of the individual is required if it is a foreign individual;
d) The diagram of sea area to be assigned for conducting scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea including the coordinates of the corner points, area, depth, and height of the sea area to be assigned.
5. Authorities receiving and processing the application; procedures for processing the application for assignment of sea area; methods for receiving and returning the result of the application; criteria for processing applications for assignment of sea area for scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea shall implement in accordance with Articles 16, 25 and 26 of this Decree.
6. Criteria for processing applications for assignment of sea area for scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea:
a) The completeness of the form, composition, content, and accuracy of information of the application;
b) The compatibility between the purpose and content of the scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea;
c) The compatibility of the sea area to be assigned with the plannings prescribed in clause 3 Article 5 of this Decree. In cases where there is no existing planning, the area to be assigned shall be in accordance with points a, b, and c, clause 4, Article 5 of this Decree;
d) Conflicts and contradictions between the planned activities and the legal exploitation and use of marine resources, as well as scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea conducted by other organizations or individuals as assigned by the competent authority in the sea same area (if any);
dd) The impact on the environment and the solutions to protect the environment when operating in the sea area to be assigned;
e) The impact and influence of the planned activities on the tasks of ensuring national defense, security, maritime transportation, protecting sovereignty, sovereign rights, jurisdiction rights, national interests at sea, and the access rights of people to the sea;
If there are more than two organizations or individuals submitting proposals to conduct the same type of scientific research, measurement, monitoring, investigation, exploration, and survey activities in the same sea area, in addition to the appraisal criteria prescribed in this clause, the appraising authority must evaluate and propose the selection of organizations or individuals to be assigned the sea area based on the factors prescribed in Article 7 of this Decree.
7. During the process of reviewing the application of organization or individual proposing to conduct scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea, if there are more than two organizations or individuals submitting proposals to conduct the same type of activity in the same sea area, the appraising authority shall evaluate and propose the selection of organizations or individuals to be assigned the sea area based on the following factors:
a) Financial capacity, human resources, professional qualification, and experience of the organization or individual in conducting scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea;
b) Implementation plan for scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea;
c) Financial capacity, human resources, professional qualification, and experience of the organization or individual in relation to the project or planned activities after completing the scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea;
d) Economic and social efficiency of a project or planned activities after completing scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea;
8. Decision on assignment of sea area for scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea shall be in accordance with Form No. 6 attached to this Decree.
9. Organizations and individuals assigned of sea area for scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea by competent state authorities have the following rights:
a) Rights prescribed in points a, c, d, dd and e, clause 1, Article 7 of this Decree;
b) Announce, transfer information, results related to scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea to a third party when there is a written approval from the competent state authorities assigning the sea area.
10. Organizations and individuals assigned of sea area for scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea by competent state authorities have the following obligations:
a) Obligations prescribed in clause 2 Article 7 of this Decree;
b) Within 60 days from the completion of scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea, organizations and individuals shall send a summary report of the results of the activities to the competent state authorities assigning the sea area using Form No. 13 attached to this Decree.
b) Within 10 days from the date on which the competent state authorities approve the investment proposal for use of sea area using the results of previous scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea, organizations and individuals shall submit detailed results of such activities including original documents and detailed report of the results of the project using the sea area to the Vietnam Administration of Seas and Islands and the Ministry of Agriculture and Environment;
c) Within 30 days from the completion of scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea, organizations and individuals, all equipment and devices installed in the sea area shall be uninstalled, except for cases of force majeure in accordance with civil law.
11. During the implementation of scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea in accordance with the decision on assignment of sea area, organizations and individuals shall not change the purpose of using sea area.
During the implementation of scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea in accordance with the decision on assignment of sea area, if organizations and individuals make any change on the duration for assignment of sea area; location, boundary, and area of the sea area; position, coordinates of drilling and excavation, they shall make new application for assignment of sea area in accordance with this Decree. If there is a change on other contents of the decision on assignment of sea area, organizations and individuals shall get approval and submit written report to the competent state authorities assigning the sea area before implementation.
12. Competent state authorities are permitted to use information, data, and results of the scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea using funding from non-state budget sources for state management.
13. The expropriation of sea area, termination of the validity of the decision on assignment of sea area for scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea shall be in accordance with Chapter III of this Decree.”
15. Amendments to point c clause 1, addition of point dd clause 1 and point d clause 2 Article 15:
a) Amendments to point c clause 1:
“c) A copy of one of the following documents: the decision on appraisal results of the report on environmental impact assessment, environment permit, environment registration in accordance with the law, or documents equivalent to the decision on appraisal results of the report on environmental impact assessment in accordance with clause 2 Article 171 of the Law on Environmental Protection;”
b) Addition of point dd clause 1:
“dd) Explanatory document for activities within sea area using Form No. 14 attached to this Decree;
c) Addition of point d clause 2:
“d) The map of sea area to be assigned including the coordinates of the points in the sea area using Form No. 05 attached to this Decree;
16. Amendments to point b clause 1 Article 16, point b clause 1 Article 18, point b clause 1 Article 20, point b clause 1 Article 22, point b clause 1 Article 24:
“b) The application-receiving authority shall review the components and contents of the application. If the application is valid, the authority shall issue an appointment note using Form No. 10 attached to this Decree within 01 working day from the receipt of the application. If the application is not valid, within 03 working days from the receipt of the application, the authority shall provide a written instruction to organizations and individuals to complete the application. Within 01 working day after the receipt of the adjusted application, the authority shall issue an appointment note using Form No. 10 attached to this Decree.”
17. Amendments to points c and d, and addition of points dd, e, g, h and I, clause 2, Article 16:
“c) The Ministry of Agriculture and Environment shall send a written request for opinions to the Ministry of National Defense, Ministry of Public Security and People’s Committees of coastal provinces. Within 20 days of the receipt of the written request for opinions attached with valid application, the authority whose opinions are sought shall give a written response. If no response is sent after the time limit prescribed above, the Ministry of Agriculture and Environment shall consider and decide the assignment of sea area; the authority whose opinions are sought shall take responsibility for issues within their jurisdiction. The time for collection opinions is not included in the time limit for processing applications;
d) The province-level People's Committees shall send a written request for opinions to the Ministry of National Defense, Ministry of Public Security and Ministry of Agriculture and Environment. The district-level People's Committees shall send a written request for opinions to the province-level professional agencies on agriculture and environment, military authorities, province-level police force. Within 20 days of the receipt of the written request for opinions attached with valid application, the authority whose opinions are sought shall give a written response. If no response is sent after the time limit prescribed above, the province-level People's Committees shall consider and decide the assignment of sea area; the authority whose opinions are sought shall take responsibility for issues within their jurisdiction. The time for collection opinions is not included in the time limit for processing applications;
dd) During the review and issuance of written permission for exploitation and use of marine resources for organizations and individuals, the competent state authority which has collected opinions from authorities prescribed in points c and d of this clause on location, boundary, coordinates of the sea area to be assigned and written opinions of these authorities attached with the application for assignment of sea area is not required to collect opinions as prescribed in points c and d of this clause;
Vietnamese organizations and individuals issued with aquaculture permit in accordance with the law on fisheries are not required to collect the opinions as prescribed in points c and d of this clause;
e) If necessary, the application-processing authority shall conduct field inspection. Each field inspection shall not exceed 10 days. The time for field inspection is not included in the time limit for processing applications;
g) If the application is not valid for assignment of sea area, the application-processing authority shall send notification stating clear reasons to the application-receiving authority for response to organizations and individuals;
h) If the application lacks of information for issuance of the decision on assignment of sea area, the application-processing authority shall send a written request to organizations, individuals for additional of information, explanation. The time for organizations or individuals to submit additional information or explanation is not included in the time limit for processing applications. Organizations or individuals shall send additional information or explanation to the application-processing authority within 30 days from the date the application-processing authority send the written request. If no response is sent to the application-processing authority within the time limit prescribed above, the application-processing authority shall send notification to the application-receiving authority for response to organizations and individuals on not assigning the sea area;
i) If the application is valid, the application-processing authority submit the application to the competent authorities for assignment of sea area.”
18. Amendments to clause 2 and addition of clause 3 Article 17:
“2. An original of the agreement on lease or decision on allocation or lease of coastal land with water surface or seawater surface or certificate of right to use coastal land with water surface or seawater surface for cases prescribed in clause 1 Article 10 of this Decree; an original or certified copy or electrical copy of certified written permission for exploitation and use of marine resources (if any) granted by the competent authority for cases prescribed in clause 2 Article 10 of this Decree.
3. A report on the use of the sea area up to the time of submitting the application for recognition of the sea area using Form No. 12 attached to this Decree.”
19. Amendments to point c clause 2 Article 18, point c clause 2 Article 20, point c clause 2 Article 22 and point c clause 2 Article 24:
c) If necessary, the application-processing authority shall conduct field inspection, which shall not exceed 10 days, and send written document to collect opinions from relevant authorities. Within 15 working days from the receipt of written document for collection of opinions attached with valid dossier in accordance with the law, the authority providing opinions is responsible for responding in writing. The time period for collecting opinions and field inspection shall not be included in the time limit for processing applications.
20. Amendments to clause 4 Article 19:
“4. A report on the use of the sea area up to the time of submitting the application for extension of the sea area using Form No. 12 attached to this Decree.”
21. Amendments to clause 3 Article 21:
“3. A report on the use of the sea area up to the time of submitting the application for return of the sea area using Form No. 12 attached to this Decree.”
22. Addition of Clause 4 Article 27:
“4. After processing applications, in cases where the application is not valid for issuance of a decision on assignment, recognition, return of the sea area, extension, adjustment of the decision on the assignment of the sea area in accordance with this Decree, the competent state authority shall issue a notification on the processing results of the application to the organization or individual.”
23. Amendments to point c clause 1 Article 27 and point d clause 1 Article 27:
a) Amendments to point c clause 1 Article 27:
“c) The conformity of the exploitation and use of marine resources expected to be carried out with the protection of the people’s right of access to sea in the sea area to be assigned;”
b) Amendments to point d clause 1 Article 27:
“d) The conformity of the exploitation and use of marine resources expected to be carried out with the protection of the people’s right of access to sea in case of extension of duration of assignment of the sea area.”
24. Amendments to point d clause 1 Article 28:
“d) Within 24 consecutive months from the effective date of the decision on sea area assignment, the organization or individual fails to use the sea area in part or in whole to exploit and use marine resources, except for following cases: force majeure events as prescribed by civil law; failure to pay the required amount for the use of the sea area as prescribed by law and being fined for such violations; transferring, mortgaging, contributing capital, leasing the right to use the assigned sea area against the law.”
25. Amendments to clauses 1 and 6, and addition of clause 7a Article 31:
a) Amendments to clause 1:
“1. Maritime activities serving national interests and public benefits, and maritime infrastructure invested with state budget for national interests, public benefits with non-profit purposes.”
b) Amendments to clause 6:
“6. Using the sea area to dump dredged materials from the waters in front of wharves, floating docks, turning basins, anchorage areas, transshipment areas, storm shelters, pilot embarkation or disembarkation areas, phytosanitary inspection areas, navigational channels, and other auxiliary maritime structures to serve public interests and other maritime infrastructures invested by the state budget to serve public interests with non-profit purposes.”
c) Addition of clause 7a:
“7a. Activities that are not required procedures for assignment of the sea area in accordance with clause 1 Article 6a of this Decree; scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea in accordance with Article 14a of this Decree.”
26. Addition of Clause 4 Article 32:
"4. The collection of fees for the use of the sea area shall be based on the purpose of using the sea area in accordance with the written permission for exploitation and use of marine resources. In cases of using the sea area for multiple purposes as prescribed in the written permission for exploitation and use of marine resources, the fees for the use of the sea area for each specific purpose shall be collected corresponding to each area of the assigned sea area."
27. Amendments to point b clause 3 and addition of clause 7 Article 35:
a) Amendments to point b clause 3:
“b) Deadline for making the first fee payment: Within 30 days from the date on which the tax authority signs the payment notice, the organization or individual shall fully pay the fees payable in the year. From the second year onwards, the organization or individual may choose between paying annually or biannually. If the organization or individual chooses the former, fees shall be paid by the 31st of May of the year;”
b) Addition of clause 7:
“7. Determination of the fee for the use of the sea area in other cases of assignment of the sea area
a) In cases where the duration of assignment of the sea area is not a full year, the fee shall be determined by multiplying the assigned sea area by the sea area usage fee rate prescribed in Article 34 of this Decree at the time of fee calculation, dividing by 12 months, and then multiplying by the number of months for assignment of the sea area;
b) In cases where the duration of assignment of the sea area is not a full month, the fee shall be determined by multiplying the assigned sea area by the sea area usage fee rate prescribed in Article 34 of this Decree at the time of fee calculation, dividing by 365 days, and then multiplying by the number of days for assignment of the sea area;
c) In cases where an organization or individual is granted an extension for the duration for assignment of the sea area, the fee to be paid shall be determined based on the sea area usage fee rate at the time of the assignment multiplied by the assigned sea area, and be specified in the Decision on assignment of the sea area.
In cases where an organization or individual is granted an extension for the duration for assignment of the sea area, the fee to be paid shall be determined based on the sea area usage fee rate at the time of the assignment multiplied by the assigned sea area, and be specified in the Decision on assignment of the sea area;
d) If an organization and individual are allowed to keep and operate the constructions and devices within the sea area although they has been fined for using the sea area without permission from the competent authority, they must pay the sea area usage fee from the date of issuance the administrative fine decision by the competent state authority until the effective date of the decision on assignment of the sea area after the competent authority assign the sea area. The sea area usage fee rate in this case is VND 7.500.000 per hectare per year, and the sea area to be charged for the fee is the area specified in the decision on assignment of the sea area. After assigned the sea area, the organization or individual must continue to pay the sea area usage fee in accordance with Article 34 of this Decree;
dd) If an organization and individual shall carry out procedures for assignment of the sea area, recognition of the sea area, and pay the sea area usage fee in accordance with Decree No. 51/2014/ND-CP dated May 21, 2024 of the Government on assignment of certain sea areas to organizations and individuals for exploitation and use of marine resources and this Decree but haven’t been assigned the sea area by competent authority, they shall pay the sea area usage fee for the amount that has not been paid during the period from July 15, 2014 (for cases where the sea area was used before July 15, 2014) or from the start of using the sea area (for cases where the sea area was used after July 15, 2014) until the effective date of the decision on assignment of the sea area, excluding any unpaid amounts that have been paid according to the administrative fine decision (if any) and any amounts paid for land surface rent in accordance with land laws (if any). The sea area usage fee rate in this case is VND 7.500.000 per hectare per year, and the sea area to be charged for the fee is the area specified in the decision on assignment of the sea area. After assigned the sea area, the organization or individual must continue to pay the sea area usage fee in accordance with Article 34 of this Decree;
e) The determination of the the sea area usage fee prescribed in points a, b, c, and d of this clause is a ground for calculation of the sea area usage fee when the competent state authority determines it, and sea area usage fee in case of extension of duration, return, revocation of the sea area.”
28. Amendments to clause 1 Article 36:
“1. Notification of collection of sea area usage fees
a) Within 10 days from the receipt of the decision on assignment of the sea area issued by the competent state authority, based on the amount of sea area usage fees specified in the decision on assignment of the sea area, the Department of Taxation of the province where the sea area is available shall issue a payment notice to the organization or individual assigned the sea area;
b) In cases where a sea area is within the jurisdiction of two or more coastal provinces or central-affiliated cities, the Department of Taxation where the sea area usage is available shall issue a payment notice corresponding to the portion of the sea area within the jurisdiction of each province or central-affiliated city;
c) No later than April 30th of each year, the tax authority shall issue a payment notice of sea area usage fees for the following years to organizations and individuals who are required to pay sea area usage fees on an annual payment basis.
No later than 30 days before the deadline for paying the sea area usage fees, the tax authority shall issue a payment notice of the next usage period to organizations and individuals who are required to pay sea area usage fees on a one-time payment basis within a 5-year period.
The collection of the fees for using sea area for dumping activities shall be in accordance with clause 6 Article 35 of this Circular.”
29. Amendments to clause 4 Article 39:
“4.Determine, announce, correct the mean lower low water line observed over a period of several years of the mainland and largest islands in island districts; outer boundaries of 03-nautical mile and 06-nautical mile waters in accordance with the law.”
30. Amendments to clause 1 Article 42:
“1. After granting written permission for exploitation and use of marine resources, the competent state authority shall send a copy of such permission to the competent authorities in charge of assignment of the sea area in accordance with Article 8 of this Decree."
Article 3. Supplementation, replacement, annulment of some articles of Decree No. 40/2016/ND-CP dated May 15, 2016 of the Government detailing the implementation of some articles of the Law on Resources and Environment of Seas and Islands and Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on assignment of certain sea areas to organizations and individuals for exploitation and use of marine resources
1. Supplementation, replacement, annulment of some articles of Decree No. 40/2016/ND-CP dated May 15, 2016 of the Government detailing the implementation of some articles of the Law on Resources and Environment of Seas and Islands
a) The phrase “authorities prescribed in clause 1 Article 55 of this Decree” is replaced with the phrase “application-processing authorities prescribed in clause 2 Article 55 of this Decree” in points a and c clause 2, points a and c clause 3 Article 58, clause 2 Article 59; The phrase “General Department of Vietnam’s Sea and Islands” is replaced with the phrase “Vietnam Administration of Seas and Islands", the phrase “Director General of Vietnam’s Sea and Islands” is replaced with the phrase “Director General of Vietnam Administration of Seas and Islands” in Form No. 12 and No. 13 of Appendix attached to Decree No. 40/2016/ND-CP dated May 15, 2016 of the Government detailing the implementation of some articles of the Law on Resources and Environment of Seas and Islands;
The phrase "Ministry of Natural Resources and Environment” is replaced with the phrase “Ministry of Agriculture and Environment" in clauses 1 and 2 Article 3; Article 4; clause 3 Article 5; clauses 1 and 3 Article 6; clauses 1 and 3 Article 7; clauses 1 and 2 Article 14; clause 4 Article 15; point a clause 3 Article 16; point b clause 2 Article 17; clause 1 Article 23; Article 24; Article 25; clause 1 Article 2; clause 2, point a clause 3 Article 27; Article 28; clause 2 Article 29; clause 1 Article 30; clause 1 Article 31; clause 3 Article 34; Article 36; Article 42; clause 1 Article 46; clauses 1 and 2, points b and c, clauses 4 and 5, Article 62; clauses 1, 2 and 5, points a and d, clause 11, Article 63; clause 1, points a, b and c, clause 2, points and c, clause 3, Article 67; clauses 1, 2 and 4, Article 68; clause 1 Article 71 and in Form No. 04, No. 05, No. 07, No. 08, No. 12, No. 13 of Appendix attached to Decree No. 40/2016/ND-CP dated May 15, 2016 of the Government detailing the implementation of some articles of the Law on Resources and Environment of Seas and Islands.
The phrase "Department of Natural Resources and Environment” is replaced with the phrase “Department of Agriculture and Environment" in clause 1 Article 31; clauses 1 and 2 Article 34; clause 2 Article 35; Article 38; clause 2 Article 39; point b clause 1 Article 55 and in Form No. 12, No. 13 of Appendix attached to Decree No. 40/2016/ND-CP dated May 15, 2016 of the Government detailing the implementation of some articles of the Law on Resources and Environment of Seas and Islands.
The phrase "Ministry of Transport” is replaced with the phrase “Ministry of Agriculture and Environment" in clause 4 Article 63; clause 6 Article 64; clause 4 Article 66.
The phrase "Ministry of Agriculture and Rural Development” is replaced with the phrase “Ministry of Agriculture and Environment" in clause 3 Article 63; clause 3 Article 64; clause 3 Article 66.
The phrase "Ministry of Planning and Investment” is replaced with the phrase “Ministry of Finance" in clause 5 Article 63; clause 9 Article 64; clause 6 Article 66.
The phrase "Ministry of Planning and Investment” in clause 1 Article 25; clause 2 Article 28 is annulled;
b) Articles 9, 10, 11 and 12 are annulled; point d clause 1 and point dd clause 5 Article 54 are annulled;
c) Form No. 09 - The map of the sea area for dumping and Form No. 10 - The map of the sea area for dumping in Appendix attached to Decree No. 40/2016/ND-CP dated May 15, 2016 of the Government detailing the implementation of some articles of the Law on Resources and Environment of Seas and Islands are annulled;
d) Form No. 11 in Appendix attached to Decree No. 40/2016/ND-CP dated May 15, 2016 of the Government detailing the implementation of some articles of the Law on Resources and Environment of Seas and Islands are adjusted and supplemented.
2. Supplementation, replacement, annulment of some articles of Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on assignment of certain sea areas to organizations and individuals for exploitation and use of marine resources
a) The phrase "Prime Minister” in point d clause 4 Article 5, in the beginning paragraph of clause 2 Article 16, point a clause 1 and point a clause 2 Article 25, clause 3 Article 30, point a clause 2 Article 34 is annulled; The phrase "or returning a part of the sea area" in Form No. 07 is annulled; The phrase "land reclamation” in point c clause 1 Article 34 is annulled; The phrase “installing telecommunications cables” in point d clause 1 Article 34 is annulled;
b) The phrase “diagram of the sea area” is replaced with the phrase “map of the sea area” in clause 2 Article 2, point d clause 1 Article 15, point c clause 3 Article 15, clause 4 Article 17, clause 4 Article 21, clause 1 Article 37; The phrase “diagram of the sea area using Form No. 09” is replaced with the phrase “map of the sea area using Form No. 05” in clause 3 Article 10.
The phrase "original” is replaced with the phrase “original or certified copy or electrical copy" in clause 2 Article 19; clause 2 Article 21; clause 2 Article 23.
The phrase “copy” is replaced with the phrase “copy and electrical copy” in Article 15; The phrase “General Department of Vietnam’s Sea and Islands” is replaced with the phrase “Vietnam Administration of Seas and Islands" in point a clause 2 Article 25; The phrase “Director General of Vietnam’s Sea and Islands” is replaced with the phrase “Director General of Vietnam Administration of Seas and Islands” in Form No. 07 and No. 08 in Appendix attached to Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on assignment of certain sea areas to organizations and individuals for exploitation and use of marine resources.
The phrase "Department of Natural Resources and Environment” is replaced with “Department of Agriculture and Environment" in points 1 and 3 Article 3; points d and dd clause 4 Article 5; clause 2 Article 16; point a clause 1, point a clause 2 Article 25; clause 3 Article 30; points a and c, clause 2 and clauses 4 and 5, Article 34; title of Article 39; clause 5 Article 40; Form No. 02, No. 03, No. 04, No. 07, No. 08 attached to Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on assignment of certain sea areas to organizations and individuals for exploitation and use of marine resources.
The phrase "Department of Natural Resources and Environment” is replaced with the phrase “Department of Agriculture and Environment" in point a clause 4 Article 5; point b clause 1, point b clause 2 Article 25 and Form No. 07, No. 08 attached to Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on assignment of certain sea areas to organizations and individuals for exploitation and use of marine resources.
The phrase "Department of Natural Resources and Environment, Department of Agriculture and Rural Development” is replaced with the phrase “Department of Agriculture and Environment" in point e clause 4 Article 5.
The phrase "Office of Natural Resources and Environment” is replaced with the phrase “Office of Agriculture and Environment" in point c clause 1, point c clause 2 Article 25; clause 3 Article 41 and Form No. 07 and 08 attached to Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on assignment of certain sea areas to organizations and individuals for exploitation and use of marine resources.
c) The phrase “during processing applications for assignment of the sea area” is added after the phrase "as prescribed in points a, b and c of this clause" in points d, dd and e, clause 4 Article 5;
dd) Forms No. 01, No. 05, No. 06, No. 10 are adjusted and supplemented; Form No. 12 (Periodic report on the use of the sea area), Form No. 13 (Report on the results of the scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea), Form No. 14 (Explanatory document for activities within sea area), Form No. 15 (Explanatory document for scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea) are added to the Appendix of Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on assignment of certain sea areas to organizations and individuals for exploitation and use of marine resources.
dd) Clause 4 Article 6, clause 4 Article 9, clause 8 Article 31, clause 3 Article 41, clause 2 Article 42 are annulled;
e) Form No. 09 (The map of the sea area assigned to organization and individual) and Form No. 11 (Notification on collection of sea area usage fee) are annulled.
Article 4. Responsibilities for implementation
Ministers , Heads of ministerial authorities, Heads of governmental authorities, Chairpersons of People's Committees of provinces and central-affiliated cities are responsible to implement this Decree.
1. This Decree comes into force from May 02, 2025.
2. Clause 2 Article 27a of Decree No. 162/2013/ND-CP dated November 13, 2013 of the Government on penalties for administrative violations committed within the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam is annulled; is amended in Decree No. 37/2022/ND-CP dated June 06, 2022 of the Government on amendments to some articles of Decrees on penalties for administrative violations in the field of national defense and cipher; management and protection of national borders; within the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam.
3. Transitional provisions of Decree No. 40/2016/ND-CP dated May 15, 2016 of the Government detailing the implementation of some articles of the Law on Resources and Environment of Seas and Islands and Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on assignment of certain sea areas to organizations and individuals for exploitation and use of marine resources
In cases where the mean lower low water line observed over a period of several years of the islands has not been determined and announced by the competent authority in accordance with the law, the lowest mean lower low water line at the time of land inventory approval by the competent authority in accordance with the law shall be used to determine the scope of sea areas and waters.
4. Transitional provisions of Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on assignment of certain sea areas to organizations and individuals for exploitation and use of marine resources
a) When the mean lower low water line observed over a period of several years, outer boundaries of 03-nautical mile, or 06-nautical mile waters are adjusted in accordance with the law, if organizations and individuals assigned the sea area by the competent state authority wish to return the sea area; extend, adjust the decision on assignment of the sea area, the determination of competent authority and sea area usage fee rate shall be implemented according to the adjusted outer boundaries of 03-nautical mile, or 06-nautical mile waters;
b) Province-level People’s Committees shall review the mean lower low water line observed over a period of several years, which has been announced, determined, proposed to the Ministry of Agriculture and Environment for consideration, correction, amendment, update on the mean lower low water line observed over a period of several years of the mainland and largest islands in island districts;
c) In cases where the administrative boundaries at sea have not been approved and issued by the competent state authority, the determination of sea areas within jurisdiction of the district-level and province-level People's Committees, and the determination of inter-regional sea areas within the jurisdiction of two or more coastal provinces and central-affiliated cities are based on the agreement protocol on the delineation of administrative boundaries at sea between coastal districts, provinces, and central-affiliated cities in accordance with Decision No. 513/QD-TTg dated May 2, 2012 of the Prime Minister approving the project "Completing, modernizing the administrative boundary map and database regarding administrative boundaries"; In cases where the boundaries between coastal provinces and central-affiliated cities have not been uniformly agreed upon, the sea area bordering the unilaterally agreed-upon area is determined as an inter-regional sea area. In the event of investment projects beyond the 06-nautical mile waters where the responsibility for administrative management at sea by the province-level People's Committee has not been determined, the sea area is under the jurisdiction of the Ministry of Agriculture and Environment.
d) Organizations and individuals who have submitted applications for the assignment, recognition, or return of sea areas; extension, or supplementation of decisions on sea area assignment before the effective date of this Decree but have not received a result to the administrative procedures shall continue to follow the procedures, and jurisdiction in accordance with Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on assignment of certain sea areas to organizations and individuals for exploitation and use of marine resources and other amended regulations in this Decree;
dd) For activities using sea areas that do not require the procedures for assignment of the sea area prescribed in Article 6a of Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on the assignment of sea areas for organizations and individuals to exploit and utilize marine resources. If an organization or individual has submitted an application for the assignment, recognition, or return of a sea area; extension or supplementation of a decision on sea area assignment before the effective date of this Decree but has not received a result, the application-receiving authority shall notify in writing the return of the application.
For activities using sea areas that do not require the procedures for assignment of the sea area prescribed in Article 6a of Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on the assignment of sea areas for organizations and individuals to exploit and utilize marine resources. If an organization or individual has been issued a decision on the assignment of a sea area by the competent state authority, they are not required to pay for the use of the sea area from the effective date of this Decree.
e) Documents and proposals for scientific research, measurement, monitoring, investigation, exploration, and survey activities at sea submitted by organizations and individuals to the competent state authority for approval before the effective date of this Decree but have not yet been approved must be reviewed and completed to be considered for the assignment of sea areas in accordance with this Decree.
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This translation is made by THƯ VIỆN PHÁP LUẬT, Ho Chi Minh City, Vietnam and
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