Decision No. 14/2018/QD-TTg Issuing the Regulation on Coordination in Granting Permits, Inspection, Supervision, and Handling Violations for Foreign Organizations and Individuals Conducting Scientific Research in Vietnam's Exclusive Economic Zone

Pursuant to …;

Issuing the Regulation on Coordination in Granting Permits, Inspection, Supervision, and Handling Violations for Foreign Organizations and Individuals Conducting Scientific Research in Vietnam's Exclusive Economic Zone
for foreign organizations and individuals conducting scientific research in
Vietnam's maritime zone

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Marine Resources, Environment, and Islands dated June 25, 2015;

Pursuant to Decree No. 41/2016/NĐ-CP dated May 15, 2016 of the Government detailing the issuance of permits for foreign organizations and individuals to conduct scientific research in Vietnam's territorial waters;

At the proposal of the Minister of Natural Resources and Environment;

The Prime Minister issues this Decision to promulgate the Regulation on Coordination in Granting Permits, Inspection, Supervision, and Handling Violations for Foreign Organizations and Individuals Conducting Scientific Research in Vietnam's Exclusive Economic Zone.

Article 1. This Decision includes the Regulation on Coordination in Granting Permits, Inspection, Supervision, and Handling Violations for Foreign Organizations and Individuals Conducting Scientific Research in Vietnam's Exclusive Economic Zone.

Article 2. This Decision takes effect from May 1, 2018.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial people's committees with sea areas are responsible for implementing this Decision.

PRIME MINISTERSIGNATUREOF THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM

INDEPENDENCE - FREEDOM - HAPPINESS

REGULATIONS

Coordination in Granting Permits, Inspection, Supervision, and Handling Violations for Foreign Organizations and Individuals Conducting Scientific Research in Vietnam's Exclusive Economic Zone
(Annexed to Decision No. 14/2018/QĐ-TTg dated March 12, 2018 of the Prime Minister)

This Regulation stipulates principles, contents, methods, and responsibilities for coordination among the Ministries of Natural Resources and Environment, Defense, Foreign Affairs, Public Security, Science and Technology (hereinafter referred to as the Ministries) in granting permits; considering requests to change the content already granted but not falling within the scope of amending, supplementing, or extending permit decisions; inspecting, supervising, and handling violations for foreign organizations and individuals conducting scientific research in Vietnam's Exclusive Economic Zone.
Granting permits under this Regulation includes activities of issuing, reissuing, amending, supplementing, and extending decisions to grant permits for scientific research conducted by foreign organizations and individuals in Vietnam's Exclusive Economic Zone.

PART I
GENERAL PROVISIONS

Article 1. Scope and Applicability

Ensuring effectiveness, clearly defining the coordination responsibilities of each Ministry in granting, reissuing, amending, supplementing, and extending permit decisions, inspecting, supervising, and handling violations for foreign organizations and individuals conducting scientific research in Vietnam's Exclusive Economic Zone.

Ensuring national security confidentiality, information confidentiality in accordance with the law; ensuring defense, security, and safety at sea and in territorial waters.

Article 2. Principles of Coordination

1. Coordination must be based on assigned functions, tasks, and authorities; complying with the provisions of this Regulation and relevant laws.

2. Soliciting opinions on the application dossier for granting, amending, supplementing, and extending permit decisions (hereinafter referred to as the application dossier for granting permits) for scientific research activities conducted by foreign organizations and individuals in Vietnam's Exclusive Economic Zone.

3. Considering changes to the content already granted but not falling within the scope of amending, supplementing, or extending permit decisions for scientific research conducted by foreign organizations and individuals in Vietnam's Exclusive Economic Zone.

Article 3. Contents of Coordination

1. Inspecting, supervising, and handling violations during the scientific research process conducted by foreign organizations and individuals in Vietnam's Exclusive Economic Zone.

2. Consider changes to the content that has been permitted but does not fall under the cases of amending, supplementing, or extending the decision on granting permission for foreign organizations and individuals to conduct scientific research in Vietnam's maritime zone.

3. Inspect, supervise, and handle violations during the scientific research conducted by foreign organizations and individuals in Vietnam's maritime zone.

Article 4. Methods of Coordination

1. Sending official letters, emails.

2. Organizing meetings for exchange and soliciting opinions.

3. Exchanging and coordinating through telephone, fax.

4. Sharing and updating information related to the scientific research activities of foreign organizations and individuals in Vietnam's exclusive economic zone.

5. Implementing coordination through the focal units of the Ministries of Natural Resources and Environment, National Defense, Foreign Affairs, Public Security, Science and Technology.

Chapter II

SPECIFIC PROVISIONS

Article 5. Coordination in Soliciting Opinions on Applications for Issuance, Amendment, Supplement, and Extension of Decisions on Permits for Scientific Research Activities Conducted by Foreign Organizations and Individuals in Vietnam's Exclusive Economic Zone

1. Responsibilities of the Ministry of Natural Resources and Environment:

a) Taking the lead in soliciting opinions on applications for issuance, amendment, supplement, and extension of decisions on permits for scientific research activities conducted by foreign organizations and individuals in Vietnam's exclusive economic zone;

b) Form and Time Limit for Sending Opinions on Permit Applications

Within a maximum period of five working days from the date of receipt of complete application files for issuance, amendment, supplement, and extension of permit decisions, the Ministry of Natural Resources and Environment shall send the opinion solicitation document along with the permit application file to the relevant ministries in accordance with the detailed regulations on issuing permits to foreign organizations and individuals for conducting scientific research in Vietnam's exclusive economic zone stipulated in Decree No. 41/2016/ND-CP dated May 15, 2016 of the Government (hereinafter referred to as Decree No. 41/2016/ND-CP) for their comments.

The opinion solicitation document and the permit application file shall be sent to the ministries on paper; simultaneously, they shall be sent electronically to the ministries and focal units via email addresses provided by the ministries.

2. Responsibilities of the Ministries:

a) Providing written opinions on applications for issuance, amendment, supplement, and extension of permit decisions in accordance with the time limit and content prescribed in Decree No. 41/2016/ND-CP.

b) Time Limit for Sending Written Responses to the Ministry of Natural Resources and Environment

Within one working day from the date the response opinion document of the ministries is signed by the authorized person, the ministries must send the paper version and electronic version to the Ministry of Natural Resources and Environment and related ministries, and at the same time send it to the focal unit of the Ministry of Natural Resources and Environment.

3. In cases where the ministries agree to issue the permit but have recommendations regarding the permit content according to different scenarios, the Ministry of Natural Resources and Environment shall organize a meeting to solicit opinions from the ministries and relevant experts. Based on the conclusions of the meeting, the Ministry of Natural Resources and Environment shall issue a decision on granting the permit for foreign organizations and individuals to conduct scientific research in Vietnam's exclusive economic zone.

Article 6. Coordination in Reviewing and Handling Changes in Content Already Granted but Not Belonging to the Cases of Amending, Supplementing, or Extending Decisions on Permits for Scientific Research Activities Conducted by Foreign Organizations and Individuals in Vietnam's Exclusive Economic Zone

1. Changes in content already granted but not belonging to the cases of amending, supplementing, or extending decisions on permits for scientific research activities conducted by foreign organizations and individuals in Vietnam's exclusive economic zone are regulated in Clause 3, Article 20 of Decree No. 41/2016/ND-CP.

2. After receiving notifications from foreign organizations and individuals about changes in content already granted in the case mentioned in Clause 1 of this Article, based on the nature and complexity of the change, if necessary, the Ministry of Natural Resources and Environment shall send the relevant ministries for opinions before making a decision. The coordination in soliciting opinions shall be carried out in accordance with the provisions of Article 5 of this Regulation.

Article 7. Coordination in inspection, supervision, and handling of violations during scientific research conducted by foreign organizations and individuals in Vietnam's territorial waters

1. Responsibilities of Ministries

a) The Ministry of Natural Resources and Environment shall take the initiative and coordinate with other ministries to carry out inspections and supervision of scientific research activities conducted by foreign organizations and individuals in Vietnam's territorial waters; lead and coordinate in handling violations according to the authority prescribed in Decree No. 41/2016/NĐ-CP and other relevant laws.

b) Within their respective functions and powers, ministries shall direct subordinate units to conduct inspections and supervision of scientific research activities carried out by foreign organizations and individuals in Vietnam's territorial waters and handle violations according to their authority. Upon discovering or receiving notifications from foreign organizations and individuals regarding actions falling under the cases stipulated in Clause 1, Article 21 and Clause 1, Article 22 of Decree No. 41/2016/NĐ-CP, patrol and control forces on the territorial waters shall immediately report to the central unit of the Ministry of Natural Resources and Environment for timely information gathering, reporting to the leadership of the Ministry of Natural Resources and Environment for consideration and handling; record the violation and issue a decision to handle the violation according to the law, send copies of the violation handling files to the Ministry of Natural Resources and Environment as prescribed in Decree No. 41/2016/NĐ-CP.

c) The Ministry of National Defense shall direct subordinate units to cooperate with the Ministry of Natural Resources and Environment (Vietnam Marine and Island Administration) in:

Patrolling, supervising, detecting, preventing, and handling violations related to scientific research activities conducted by foreign organizations and individuals after they have been granted permission to conduct scientific research in Vietnam's territorial waters.

Monitoring compliance with decisions to suspend or revoke permits for activities of foreign organizations and individuals.

2. Coordination among ministries shall be carried out through the methods prescribed in Clauses 1, 2, 3, 4, and 5 of Article 4 of this Regulation.

Article 8. Exchange, Sharing, and Updating Information Related to Scientific Research Activities Conducted by Foreign Organizations and Individuals in Vietnam's Territorial Waters

1. Responsibilities of the Ministry of Natural Resources and Environment: provide complete information related to applications for research permits for foreign organizations and individuals in Vietnam's territorial waters when requested by ministries, including:

a) Correspondence from ministries and foreign organizations and individuals requesting research permits in Vietnam's territorial waters.

b) Documents granting, reissuing, amending, supplementing; extending decisions on research permits and documents notifying changes during the research process compared to the issued permit (if any).

c) Reports on research progress and results provided by foreign organizations and individuals, as required.

2. Responsibilities of Ministries:

a) Provide the Ministry of Natural Resources and Environment with documents related to granting, reissuing, amending, supplementing, and extending decisions on research permits for foreign organizations and individuals conducting research in Vietnam's territorial waters.

b) Provide the Ministry of Natural Resources and Environment with information on inspections, supervision, and handling of violations against foreign organizations and individuals conducting research in Vietnam's territorial waters to ensure timely coordination in handling.Handling viola tions

against foreign organizations and individuals conducting research in Vietnam's territorial waters to ensure timely coordination in handling.

3. Methods and time for providing information:

a) Provision of information related to the process of granting, reissuing, amending, supplementing, and extending decisions on research permits for foreign organizations and individuals conducting research in Vietnam's territorial waters shall be done through the methods prescribed in Clauses 1, 2, and 3 of Article 4 of this Regulation. The time for providing information shall be as prescribed in Article 5 of this Regulation or upon urgent request.

b) Provision of information on inspections, supervision, and handling of violations against foreign organizations and individuals conducting research in Vietnam's territorial waters shall be done through the methods prescribed in Clauses 1, 2, and 3 of Article 4 of this Regulation. The time for providing information must ensure promptness to ensure timely, continuous, and effective coordination in inspections, supervision, and handling of violations.

Chapter III
IMPLEMENTING PROVISIONS

Article 9. Responsibility for implementation

1. Within their respective functions, tasks, and authorities, ministries shall be responsible for directing and guiding subordinate agencies and forces to implement coordination in the contents related to this Regulation.

2. The Vietnam Marine and Island Administration shall be the central agency assisting the Ministry of Natural Resources and Environment in implementing the coordination tasks prescribed in this Regulation.

3. Ministries: Defense, Foreign Affairs, Public Security, Science and Technology, based on the provisions of Decree No. 41/2016/NĐ-CP, within their assigned functions and tasks, and based on their organizational structure, shall designate a unit to be the focal point for coordinating the issuance of permits for foreign organizations and individuals conducting research in Vietnam's territorial waters and notify the Ministry of Natural Resources and Environment (through the Vietnam Marine and Island Administration).

Article 10. Implementation Organization

1. Ministries: Natural Resources and Environment, Defense, Foreign Affairs, Public Security, Science and Technology shall be responsible for implementing and organizing the implementation of this Regulation.

2. During the implementation of this Regulation, if there are any issues or difficulties, ministries shall submit documents to the Ministry of Natural Resources and Environment for consolidation and reporting to the Prime Minister./.