Decree No. 41/2016/ND-CP detailing the issuance of permits for foreign organizations and individuals to conduct scientific research in Vietnam's territorial waters

DECREE

Regulations on granting permits to foreign organizations and individuals to conduct scientific research in Vietnam's territorial waters

Details on granting permits to foreign organizations and individuals to conduct scientific research in Vietnam's territorial waters

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

Pursuant to the Law on the Sea of Vietnam dated June 21, 2012;

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

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

and measures for implementationi Regarding the granting of permits to foreign organizations and individuals to conduct scientific research in Vietnam's territorial waters°in Vietnam's territorial waters.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates detailed regulations on granting, amending, supplementing, reissuing, extending, suspending, and revoking permits for foreign organizations and individuals to conduct scientific research in Vietnam's territorial waters.

Article 2. Applicability

This Decree applies to foreign organizations and individuals conducting scientific research in Vietnam's territorial waters; state agencies and organizations and individuals related to the issuance of permits for foreign organizations and individuals to conduct scientific research in Vietnam's territorial waters.

Article 3. Form, content, and term of scientific research permit

1. Form of scientific research permit:

a) Foreign organizations and individuals conducting scientific research in Vietnam's internal waters and territorial seas must obtain permission from competent state authorities of Vietnam;

b) Foreign organizations and individuals conducting scientific research in Vietnam's exclusive economic zone and continental shelf must obtain approval from competent state authorities of Vietnam;

Permission for foreign organizations and individuals to conduct scientific research in Vietnam's internal waters and territorial seas and approval for foreign organizations and individuals to conduct scientific research in Vietnam's exclusive economic zone and continental shelf shall be evidenced by a scientific research permit decision issued according to Model No. 05 attached to this Decree.

2. The scientific research permit decision includes the following main contents:

a) Name, address, nationality of the foreign organization or individual granted the permit;

b) Name, nationality of foreign scientists; name of Vietnamese scientists participating in the research activities;

c) Objectives, content of research activities;

d) Location, coordinates of the marine area where the research activities will be carried out;

đ) Research methods; research equipment and materials; explosives and toxic chemicals permitted for use in research;

e) Research schedule;

g) Term of the scientific research permit.

3. The term of the scientific research permit is determined based on the objectives and content of the research as stated in the application for a scientific research permit but shall not exceed two years at maximum and may be extended once for up to one year at maximum.

In cases where the extension period has expired but the research activity has not been completed and foreign organizations and individuals have a need to continue the research, foreign organizations and individuals shall submit a new application for a permit in accordance with the provisions of this Decree.

Article 4. Cases of refusal to grant permits to foreign organizations and individuals to conduct scientific research in Vietnam's territorial waters

1. Scientific research activities of foreign organizations and individuals that are not for peaceful purposes; harming Vietnam's sovereignty, sovereign rights, jurisdiction, national defense, security, and maritime interests; disrupting maritime order and safety; activities prohibited under Vietnamese law.

2. Scientific research activities of foreign organizations and individuals seriously affecting ongoing legitimate basic surveys, scientific research, exploration, exploitation, and utilization of marine resources in Vietnam's territorial waters.

3. Scientific research activities of foreign organizations and individuals using explosives, toxic chemicals, other means and equipment capable of causing damage to people, resources, and marine environmental pollution, except as provided for in point c, Clause 2, Article 20 of the Law on Marine Resources, Environment, and Islands.

4. Scientific research activities of foreign organizations and individuals involving the construction of artificial islands or structures on the sea.

5. Information in the application for a scientific research permit submitted by foreign organizations and individuals is inaccurate or the information about the objectives and content of the scientific research activities does not match the obvious facts.

6. Foreign organizations and individuals who were previously granted permits to conduct scientific research in Vietnam's territorial waters but did not implement or fully fulfill their obligations as prescribed by Vietnamese law and the United Nations Convention on the Law of the Sea 1982.

7. Scientific research activities of foreign organizations and individuals involving drilling on the seabed or subsoil beneath the seabed, except when authorized by competent authorities.

8. Foreign organizations and individuals conducting scientific research in Vietnam's internal waters and territorial seas; scientific research involving drilling on the seabed or subsoil beneath the seabed do not cooperate with Vietnam in scientific research when requested by Vietnam.

Article 5. Participation of Vietnamese scientists in scientific research activities conducted by foreign organizations and individuals in Vietnam's exclusive economic zone

1. Vietnamese scientists participating in scientific research activities of foreign organizations and individuals in accordance with point e, Clause 2, Article 20 of the Law on Marine Resources, Environment, and Islands must have the capacity and professional qualifications or work experience relevant to the research content.

2. Ministries, ministerial-level agencies, and government agencies shall dispatch Vietnamese scientists from their own agencies to participate in scientific research activities of foreign organizations and individuals in Vietnam's exclusive economic zone upon the proposal of the Ministry of Natural Resources and Environment.

3. Vietnamese scientists participating in scientific research activities of foreign organizations and individuals conducted in Vietnam's exclusive economic zone shall have the following responsibilities:

a) Participate in research activities and proactively collect scientific information and data during the scientific research activities of foreign organizations and individuals conducted in Vietnam's exclusive economic zone;

b) Monitor and promptly report to competent state authorities in cases where foreign organizations and individuals fail to comply with the content of the research permit decision or violate Vietnamese laws and related international treaties to which the Socialist Republic of Vietnam is a party;

c) Report the process of participation in scientific research activities to the Ministry of Natural Resources and Environment and the agency that dispatched them for scientific research activities about the research process, research activities, scientific information, and data collected from the research activity not later than thirty days from the end date of the scientific research activity.

Article 6. Scientific Research Cooperation in Vietnam's Exclusive Economic Zone

1. Foreign organizations and individuals may cooperate with Vietnamese organizations and individuals to conduct scientific research in Vietnam's exclusive economic zone in accordance with Vietnamese law. Competent state authorities of Vietnam have the right to request or propose that foreign organizations and individuals cooperate in scientific research activities in Vietnam's exclusive economic zone.

2. Scientific research cooperation in internal waters and territorial seas of Vietnam; scientific research involving drilling at the seabed or subsoil beneath the seabed:

a) Foreign organizations and individuals proposing scientific research in Vietnam's internal waters and territorial seas or scientific research involving drilling at the seabed or subsoil beneath the seabed must cooperate with Vietnam when requested by competent state authorities of Vietnam;

b) Scientific research cooperation in Vietnam's internal waters and territorial seas or scientific research involving drilling at the seabed or subsoil beneath the seabed between foreign organizations and individuals and Vietnam must be evidenced by a scientific research cooperation agreement.

Article 7. Reporting Results of Scientific Research Activities

1. Preliminary research reports, formal research result reports, and other documents specified in points h and i, Clause 2, Article 20 of the Law on Marine Resources, Environment, and Islands shall be presented in Vietnamese or English.

2. Preliminary research reports shall be prepared according to Model No. 09 attached to this Decree.

Chapter II

ISSUE, AMEND, SUPPLEMENT, EXTEND, REISSUE

DECISION ON GRANTING RESEARCH PERMITS

Article 8. Documents for application to issue, amend, supplement, extend, or reissue research permit decisions

1. Documents for application to issue a research permit include:

a) A research permit application form established according to Model No. 01 attached to this Decree;

b) Legal entity qualification proof document in accordance with the laws of the country where the organization was established, if it is an organization; civil capacity proof document in accordance with the laws of the country where the individual holds citizenship, if it is an individual applying for a research permit;

c) Scientific research cooperation agreement between foreign organizations and individuals and Vietnamese organizations and individuals in cases where there is cooperation with the Vietnamese side in the marine area planned for scientific research;

d) Research project or plan in the marine area planned for scientific research.

2. Documents for application to amend or supplement a research permit decision include:

a) An application form to amend or supplement a research permit decision, detailing the content and reasons for amendment or supplementation established according to Model No. 02 attached to this Decree;

b) Report on the situation and results of completed scientific research activities up to the time of application for amendment or supplementation;

c) Copy of the issued research permit decision.

3. Documents for application to extend a research permit decision include:

a) An application form to extend a research permit decision, detailing the duration and reasons for extension established according to Model No. 03 attached to this Decree;

b) Report on the situation and results of completed scientific research activities up to the time of application for extension.

c) Copy of the issued research permit decision.

4. Documents for application to reissue a research permit decision include:

a) An application form to reissue a research permit decision, detailing the reasons for reissuance established according to Model No. 04 attached to this Decree;

b) Report on the situation and results of completed scientific research activities up to the time of application for reissuance.

5. Documents for application to issue, amend, supplement, extend, or reissue a research permit decision may be presented in Vietnamese or English.

The number of sets of documents for application to issue, amend, supplement, extend, or reissue a research permit decision is one set.

Article 9. Method and Time for Submitting Documents

1. Method for submitting documents:

a) Foreign organizations and individuals submit applications for research permits through diplomatic channels to the Ministry of Natural Resources and Environment. In cases where foreign organizations are intergovernmental organizations, they can submit applications through diplomatic channels or directly to the Ministry of Natural Resources and Environment. If the foreign organization or individual's country does not have diplomatic relations with Vietnam, the application should be submitted directly to the Ministry of Natural Resources and Environment;

b) Foreign organizations and individuals submit applications for amending, supplementing, extending, or reissuing research permit decisions directly to the Ministry of Natural Resources and Environment.

2. Time for submitting documents:

a) Applications for research permits must be submitted to the Ministry of Natural Resources and Environment with complete information as required at least six months before the planned date of commencement of scientific research;

b) Applications for amending, supplementing, or extending research permit decisions must be submitted to the Ministry of Natural Resources and Environment at least 90 days before the expiry date of the permit decision.

Article 10. Amending and supplementing the decision on granting permission for scientific research

1. The decision on granting permission for scientific research shall be reviewed for amendment and supplementation in the following cases:

a) Changing the content of scientific research activities;

b) Changing one of the contents regarding location, coordinates, methods, means, equipment, and schedule of scientific research activities.

2. Amendment and supplementation of the decision on granting permission for scientific research shall only be considered when meeting the following requirements:

a) Foreign organizations and individuals proposing to amend and supplement the decision on granting permission for scientific research submit complete files as prescribed in Clause 2, Article 8 of this Decree to the file receiving agency;

b) At the time of proposing to amend and supplement the decision on granting permission for scientific research, foreign organizations and individuals comply with the obligations stipulated at Points a, b, c, d, đ, e, and Point g, Clause 2, Article 20 of the Law on Natural Resources, Environment of the Sea and Islands;

c) The decision on granting permission for scientific research remains valid.

3. Amendment and supplementation of the decision on granting permission for scientific research shall be reflected in a new decision on granting permission for scientific research. The maximum term of the new decision on granting permission for scientific research shall be equal to the remaining term of the previously granted decision on granting permission for scientific research.

Article 11. Extending the decision on granting permission for scientific research

1. The decision on granting permission for scientific research shall be reviewed for extension in the case where the term of the decision on granting permission for scientific research is insufficient to complete the permitted research activities and foreign organizations and individuals have the need to extend the time for implementation.

2. Extension of the decision on granting permission for scientific research shall only be considered when meeting the following requirements:

a) Foreign organizations and individuals proposing to extend the decision on granting permission for scientific research submit complete files as prescribed in Clause 3, Article 8 of this Decree to the file receiving agency;

b) At the time of proposing to extend, foreign organizations and individuals comply with the obligations stipulated at Points a, b, c, d, đ, e, and Point g, Clause 2, Article 20 of the Law on Natural Resources, Environment of the Sea and Islands;

c) The decision on granting permission for scientific research that has been issued remains valid and the remaining term is at least 90 days.

3. Extension shall be reflected in a decision extending scientific research activities established according to Model No. 06 attached to this Decree.

Article 12. Reissuing the decision on granting permission for scientific research

1. The decision on granting permission for scientific research shall be reviewed for reissuance in the case of damage, loss, or loss of the original.

2. Reissuance of the decision on granting permission for scientific research shall only be considered when meeting the following requirements:

a) Foreign organizations and individuals proposing to reissue the decision on granting permission for scientific research submit complete files as prescribed in Clause 4, Article 8 of this Decree to the file receiving agency;

b) At the time of proposing to reissue the decision on granting permission for scientific research, foreign organizations and individuals comply with the obligations stipulated at Points a, b, c, d, đ, e, and Point g, Clause 2, Article 20 of the Law on Natural Resources, Environment of the Sea and Islands.

3. Reissuance of the decision on granting permission for scientific research shall be carried out by issuing a copy of the decision on granting permission for scientific research already issued to foreign organizations and individuals.

Article 13. Procedures for issuing, amending, supplementing, extending, and reissuing research permit decisions

1. The procedures for issuing, amending, supplementing, and extending research permit decisions shall be carried out as follows:

a) Receiving and examining the file;

b) Soliciting opinions from relevant agencies;

c) Reviewing;

d) Deciding on the issuance, amendment, supplementation, and extension of research permit decisions.

2. The procedure for reissuing research permit decisions shall be carried out as follows:

a) Receiving and examining the file;

b) Issuing a copy of the research permit decision.

Article 14. Receiving and examining files for requesting issuance, amendment, supplementation, extension, and reissuance of research permit decisions

1. The Ministry of Natural Resources and Environment shall be responsible for receiving and examining the form, components, and contents of the files for requesting issuance, amendment, supplementation, extension, and reissuance of research permit decisions.

2. Within five working days from the date of receipt of the file, the Ministry of Natural Resources and Environment shall issue a notification to foreign organizations and individuals about the receipt of the file if it is complete according to regulations, or issue a notification to foreign organizations and individuals about the need to supplement and complete the file if it is incomplete according to regulations.

Article 15. Soliciting opinions from relevant agencies on research permit issuance

1. Within five working days from the date of receipt of the complete application file according to regulations, the Ministry of Natural Resources and Environment shall send the file along with a letter to the Ministry of National Defense, the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of Science and Technology, sector management ministries, central province people's committees, and other relevant agencies to solicit opinions on the issuance of research permits.

2. The content of the solicitation letter includes the following:

a) Requesting an opinion on whether to agree or disagree with the issuance of a research permit;

b) In cases where the application file for a research permit within Vietnam’s internal waters and territorial seas is submitted, the solicitation letter must include a request for relevant agencies to provide opinions on proposals for cooperation requirements for scientific research by Vietnam;

c) In cases where the application file for a research permit involves drilling on the seabed or subsoil under the seabed, the solicitation letter from relevant agencies must include a request for an opinion on whether to allow or not allow foreign organizations and individuals to conduct scientific research involving drilling on the seabed or subsoil under the seabed; providing opinions on proposals for cooperation requirements for scientific research by Vietnam in cases where permission is granted for such research;

d) Requesting relevant state management agencies related to the objectives and content of scientific research to assign scientists to participate in research activities.

3. Within thirty days from the date of receipt of the letter from the Ministry of Natural Resources and Environment, the agencies solicited for opinions must issue a reply letter to the Ministry of Natural Resources and Environment; failure to respond within thirty days shall be deemed as agreement with the solicited opinions and full responsibility for issues within their jurisdiction and authority. The content of the reply letter must include the following:

a) Clearly stating agreement or disagreement with the issuance of the permit, and reasons if disagreeing with the issuance;

b) Providing an opinion on whether to agree or disagree with allowing foreign organizations and individuals to conduct independent scientific research within Vietnam’s internal waters and territorial seas. If there is a requirement for foreign organizations and individuals to cooperate with Vietnam in scientific research within these areas, the reply letter must specify the content and cooperation requirements for scientific research by Vietnam;

c) Providing an opinion on whether to agree or disagree with allowing foreign organizations and individuals to conduct scientific research involving drilling on the seabed or subsoil under the seabed;

Providing an opinion on whether to agree or disagree with allowing foreign organizations and individuals to conduct independent scientific research involving drilling on the seabed or subsoil under the seabed. If there is a requirement for foreign organizations and individuals conducting such research to cooperate with Vietnam, the reply letter must specify the content and cooperation requirements for scientific research by Vietnam;

d) Assigning scientists to participate in the scientific research activities of foreign organizations and individuals being conducted in Vietnam’s maritime zones, accompanied by the scientific curriculum vitae of the assigned person.

4. After receiving the reply letters, in cases where there is a non-unanimous opinion among one of the ministries including the Ministry of National Defense, the Ministry of Foreign Affairs, the Ministry of Public Security, or the Ministry of Science and Technology regarding the issuance of the permit, the Ministry of Natural Resources and Environment shall decide to refuse the issuance of the permit and issue a notification to foreign organizations and individuals about the refusal of the permit.

Article 16. Resolution of applications for permits for foreign organizations and individuals to conduct scientific research activities involving drilling on the seabed, subsoil under the seabed; scientific research within internal waters and territorial seas of Vietnam when there is a request for cooperation from the Vietnamese side.

1. After receiving the reply documents from the relevant agencies as stipulated in Article 15 of this Decree, if there is an objection from one of the ministries including the Ministry of National Defense, the Ministry of Foreign Affairs, the Ministry of Public Security, or the Ministry of Science and Technology regarding the independent scientific research activities involving drilling on the seabed, subsoil under the seabed by foreign organizations and individuals, the Ministry of Natural Resources and Environment shall issue a notification to the foreign organizations and individuals refusing permission to drill on the seabed, subsoil under the seabed and requesting them to adjust the research content, revise and resubmit the application for permit within thirty days.

If the foreign organizations and individuals fail to adjust the research content, revise and resubmit the application for permit within the prescribed time limit, the Minister of Natural Resources and Environment shall issue a notification to the foreign organizations and individuals refusing the permit.

2. After receiving the reply documents from the relevant agencies as stipulated in Article 15 of this Decree, if there is a request for cooperation from the Vietnamese side for the scientific research activities of foreign organizations and individuals within internal waters and territorial seas of Vietnam; scientific research involving drilling on the seabed, subsoil under the seabed, the Ministry of Natural Resources and Environment shall examine and assess the possibility and need for cooperation from the Vietnamese side based on the cooperation proposals of the relevant agencies and issue a notification to the foreign organizations and individuals regarding the content and requirements for cooperation.

Within thirty days from the date of receipt of the notification, the foreign organizations and individuals must respond in writing whether they agree or disagree with the cooperation. In case of agreement to cooperate, the foreign organizations and individuals and the Vietnamese side shall exchange and discuss the contents and conditions of cooperation, sign a cooperation agreement and submit it as supplementary documentation to the application for permit to the Ministry of Natural Resources and Environment.

If the foreign organizations and individuals refuse to cooperate, the Minister of Natural Resources and Environment shall issue a notification to the foreign organizations and individuals refusing the permit.

Article 17. Examination of Permit Issuance, Amendment, Supplement, and Extension of Research Permit Decisions

1. Content of examination:

a) Completeness of form, components, content, and accuracy of information in the application;

b) Consistency between the objectives and content of the scientific research activities;

c) Compliance with the conditions for permit issuance stipulated in Clause 1, Article 19 of the Law on Marine and Island Resources and Environment, related provisions of the United Nations Convention on the Law of the Sea 1982, and the conditions for amendment, supplement, and extension of research permit decisions stipulated in Articles 10 and 11 of this Decree.

2. The examination shall be conducted as follows:

a) Within ninety days from the date of receipt of the complete application for research permit as prescribed, the Ministry of Natural Resources and Environment must complete the organization of the permit examination according to the content stipulated in Clause 1 of this Article. The examination results must be documented in writing;

b) Within fifty days from the date of receipt of the complete application for amendment, supplement, and extension of research permit decision as prescribed, the Ministry of Natural Resources and Environment must complete the organization of the examination of the request for amendment, supplement, and extension of the research permit decision according to the content stipulated in Clause 1 of this Article. The examination results must be documented in writing.

Article 18. Decision on Issuing Research Permits

1. Based on the review results, where the application dossier for issuing a permit meets the requirements and conditions stipulated, does not fall under any of the cases specified in Clauses 1, 2, 3, 4, 5, and Clause 6, Article 4 of this Decree, and has the unified opinion of the Ministry of National Defense, the Ministry of Foreign Affairs, the Ministry of Public Security, and the Ministry of Science and Technology regarding the issuance of the permit, the Minister of Natural Resources and Environment shall issue a decision to grant the research permit to foreign organizations and individuals to conduct scientific research in Vietnam's maritime areas.

Where the application dossier for issuing a permit does not meet the requirements and conditions stipulated or falls under any of the cases specified in Clauses 1, 2, 3, 4, 5, and Clause 6, Article 4 of this Decree, the Minister of Natural Resources and Environment shall issue a notification to foreign organizations and individuals regarding the refusal to issue the permit.

2. The Minister of Natural Resources and Environment must decide on the issuance of a research permit no later than 120 days from the date of receiving the complete application dossier as prescribed.

In cases where the scientific research activities of foreign organizations and individuals involve drilling at the seabed or subsoil beneath the seabed; scientific research in internal waters and territorial seas of Vietnam as required by cooperation with the Vietnamese side according to Article 16 of this Decree, the 120-day period shall be counted from the date the agency receiving the dossier receives the supplementary scientific research cooperation document added to the dossier or receives the dossier that has been adjusted to exclude drilling at the seabed or subsoil beneath the seabed.

3. The Ministry of Natural Resources and Environment is responsible for sending the decision on issuing a research permit or the notification of refusal to issue a research permit in Vietnam's maritime areas to foreign organizations and individuals, ministries, ministerial-level agencies, governmental agencies, provincial People's Committees, municipal People's Committees directly under the central government, and related agencies.

Article 19. Decision on Amending, Supplementing, Extending, and Reissuing Research Permit Decisions

1. After receiving the complete application dossier for amending, supplementing, or extending the research permit decision as prescribed, the Ministry of Natural Resources and Environment must carry out the process of soliciting opinions from relevant agencies and conducting reviews as stipulated in Articles 15 and 17 of this Decree.

Within 80 days from the date of receiving the complete dossier as prescribed, the Minister of Natural Resources and Environment shall decide on agreeing or disagreeing with the amendment, supplementation, or extension of the research permit decision; issue the decision on amending, supplementing, or extending the research permit decision or issue a notification in case of disagreement with the amendment, supplementation, or extension of the research permit decision.

The Ministry of Natural Resources and Environment is responsible for sending the decision on amending, supplementing, or extending the research permit decision or the notification of disagreement with the amendment, supplementation, or extension of the research permit decision in Vietnam's maritime areas to foreign organizations and individuals, ministries, ministerial-level agencies, governmental agencies, provincial People's Committees, municipal People's Committees directly under the central government, and related agencies.

2. Within 15 days from the date of receiving the complete application dossier for reissuing the research permit decision as prescribed, if the dossier meets the conditions stipulated in Article 12 of this Decree, the Minister of Natural Resources and Environment shall be responsible for issuing a copy of the research permit decision to foreign organizations and individuals; in cases where the conditions for reissuance are not met, a notification must be issued to foreign organizations and individuals.

Article 20. Conditions and requirements for foreign organizations and individuals to conduct scientific research in Vietnam's territorial waters

1. Foreign organizations and individuals are responsible for paying the licensing fee and permit fee for scientific research in Vietnam's territorial waters in accordance with the provisions of Vietnamese laws on fees and charges.

2. Foreign organizations and individuals granted permission for scientific research must comply strictly with all obligations stipulated in Clause 2, Article 20 of the Law on Marine Resources, Environment, and Islands; they must meet all conditions and fulfill all relevant requirements according to the provisions of Vietnamese laws on the sea, maritime affairs, aviation, customs, taxation, labor, health, immigration, national defense, security, and other related regulations.

3. During the course of scientific research, if there are any changes to the content already approved, except for cases of amendment, supplementation, and extension of the decision granting permission as provided for in Clause 1, Article 10 and Clause 1, Article 11 of this Decree, foreign organizations and individuals must immediately notify the Ministry of Natural Resources and Environment and may only implement such changes after obtaining written approval from the Minister of Natural Resources and Environment.

4. Before entering Vietnam's territorial waters to commence scientific research and before leaving Vietnam's territorial waters, foreign organizations and individuals must notify the Ministry of Natural Resources and Environment five days in advance; they must also notify relevant authorities and organizations as prescribed by Vietnamese maritime laws and other related laws.

Chapter III

SUSPENSION AND REVOCATION OF PERMIT DECISIONS

SCIENTIFIC RESEARCH

Article 21. Suspension of the decision granting permission for scientific research

1. The decision granting permission for scientific research shall be suspended in the following cases:

a) Not conducting research in accordance with the content, location, coordinates of the marine area specified in the research permission decision; not using the methods, means, equipment, and schedule of research as stipulated in the research permission decision;

b) Seriously affecting legitimate basic surveys, scientific research, exploration, exploitation, and utilization of marine resources currently underway in Vietnam's territorial waters;

c) Scientific research activities causing serious damage to resources, environmental pollution, degradation, and marine ecosystems;

d) Bringing weapons, explosives, toxic chemicals, and other means and equipment capable of causing harm to people, resources, and marine environmental pollution into Vietnam's territorial waters, except when explosives and toxic chemicals are permitted for use in scientific research activities by authorized agencies;

đ) Conducting scientific research activities after the validity period of the research permission decision has expired without renewal;

e) Failing to ensure necessary working conditions, including funding for scientists assigned by competent Vietnamese state agencies to participate in research;

g) Violating Vietnamese laws on environmental protection, maritime affairs, and other related laws and international laws.

2. The suspension of the decision granting permission for scientific research shall be carried out in the following manner:

a) When maritime patrol and control forces discover or receive reports about foreign organizations and individuals violating the provisions set forth in Clause 1 of this Article, they shall prepare a record of the violation and handle it according to their authority under the law on administrative violations; they shall send the violation handling file to the Ministry of Natural Resources and Environment.

Vietnamese scientists participating in research activities and other organizations discovering violations as stipulated in Clause 1 of this Article shall promptly report them to maritime patrol and control forces or inform the Ministry of Natural Resources and Environment;

b) Within ten days from the date of receiving information about foreign organizations and individuals violating the provisions set forth in Clause 1 of this Article, the Minister of Natural Resources and Environment shall examine and decide whether to suspend or not suspend the research permission decision issued to foreign organizations and individuals. The suspension decision shall be prepared according to Model No. 07 attached to this Decree;

c) Within no more than one working day from the date of the suspension decision, the Ministry of Natural Resources and Environment shall be responsible for sending the suspension decision of the research permission to foreign organizations and individuals and notifying relevant agencies and organizations. The suspension decision shall be sent directly to foreign organizations and individuals while also being transmitted through maritime communication systems.

3. Upon receipt of the suspension decision of the research permission, foreign organizations and individuals must immediately cease scientific research activities; in cases where damage is caused to other organizations and individuals or to the environment, they must compensate for the damage and restore the environment in accordance with Vietnamese laws.

4. Foreign organizations and individuals whose research permission decisions have been suspended may continue scientific research activities upon meeting the following conditions:

a) Ceasing all violations and fully implementing the requirements set forth in the suspension decision of the research permission;

b) Completing compensation for damages and restoration of the environment in cases where damage was caused to other organizations and individuals or to the environment;

c) Obtaining permission or approval for a new research permission decision from competent state agencies for cases suspended as provided for in point đ, Clause 1 of this Article.

5. Continuing scientific research activities after suspension shall be carried out in the following manner:

a) Foreign organizations and individuals shall submit a written request to continue scientific research activities, clearly stating the results of compliance with the provisions of points a and b, Clause 4 of this Article, to the Ministry of Natural Resources and Environment;

b) The Ministry of Natural Resources and Environment shall coordinate with relevant agencies to examine and inspect whether foreign organizations and individuals have complied with the provisions at points a and b, Clause 4, Article 4 of this Law;

c) In cases where foreign organizations and individuals meet the conditions stipulated at points a and b, Clause 4, Article 4 of this Law, within a period not exceeding five working days, the Minister of Natural Resources and Environment shall issue a document permitting such foreign organizations and individuals to continue their scientific research activities in Vietnam's maritime zones;

d) For cases subject to suspension as provided for at point d, Clause 1, Article 4 of this Law, foreign organizations and individuals must submit an application for permission to conduct scientific research to the competent state agency and may only continue their scientific research activities upon obtaining permission or approval through a new scientific research permit decision from the competent state agency;

Article 22. Revocation of Scientific Research Permit Decisions

1. Scientific research permit decisions shall be revoked in the following circumstances:

a) The scientific research activities of foreign organizations and individuals harm Vietnam’s sovereignty, sovereign rights, jurisdiction, national defense, security, and national interests at sea; disrupt maritime order and safety; or carry out prohibited activities as prescribed by Vietnamese laws;

b) Foreign organizations and individuals exploit permitted scientific research activities to engage in non-peaceful purposes or conduct other activities outside the scope of scientific research activities already approved by Vietnamese competent authorities;

c) A scientific research permit decision has been suspended but the foreign organization or individual does not comply with the requirements set forth in the suspension decision;

d) After resuming scientific research activities, a foreign organization or individual commits the same violation again after having been suspended;

2. The revocation of scientific research permit decisions shall be carried out according to the following procedures:

a) Within two working days from the date of receiving information from maritime patrol and control forces, Vietnamese scientists participating in scientific research activities, and other organizations and individuals about violations committed by foreign organizations and individuals as stipulated in Clause 1 of this Article, the Ministry of Natural Resources and Environment shall send a document seeking opinions from the Ministry of National Defense, the Ministry of Foreign Affairs, the Ministry of Public Security, and the Ministry of Science and Technology; coordinate with maritime enforcement forces to conduct inspections and verifications if necessary; and the ministries requested to provide opinions shall respond in writing within five working days from the date of receipt of the document;

b) Within ten working days from the date of receiving information about the violation, the Minister of Natural Resources and Environment shall decide on the revocation or non-revocation of the scientific research permit decision issued to foreign organizations and individuals. The revocation decision shall be prepared according to Model No. 08 attached to this Decree;

c) Within one working day from the date of issuing the revocation decision, the Ministry of Natural Resources and Environment shall be responsible for sending the revocation decision of the scientific research permit to foreign organizations and individuals and notifying relevant agencies and organizations. The revocation decision of the scientific research permit shall be sent directly to foreign organizations and individuals and simultaneously transmitted via maritime communication systems;

3. Upon receiving the revocation decision of the scientific research permit, foreign organizations and individuals must immediately cease scientific research activities, dismantle and remove all scientific research equipment and vessels from Vietnam's maritime zones.

Chapter IV

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 23. Responsibilities of the Ministry of Natural Resources and Environment

1. To take the lead and coordinate with ministries, ministerial-level agencies, government agencies, and provincial people's committees directly under the central government that have coastlines, and related agencies to implement the issuance, amendment, supplementation, extension, reissuance, suspension, revocation of decisions granting permits for foreign organizations and individuals to conduct scientific research in Vietnam’s territorial waters.

2. To proactively coordinate with the Ministry of National Defense, ministries, ministerial-level agencies, government agencies, and provincial people's committees directly under the central government that have coastlines to inspect and supervise the scientific research activities of foreign organizations and individuals conducted in Vietnam’s territorial waters.

3. To handle violations according to the authority prescribed in this Decree and relevant laws.

4. The Minister of Natural Resources and Environment within the scope of their functions, tasks, and granted powers shall be responsible for guiding, inspecting, and urging the implementation of this Decree.

Article 24. Responsibilities of Ministries, Ministerial-Level Agencies, Government Agencies, and Provincial People's Committees Directly Under the Central Government That Have Coastlines

1. The Ministers, Heads of ministerial-level agencies, heads of government agencies, and Chairpersons of provincial people's committees directly under the central government within the scope of their duties and granted powers shall be responsible for the following:

a) To provide comments on the issuance, amendment, supplementation, extension, and revocation of decisions granting permits for scientific research as stipulated in the document soliciting opinions from the Ministry of Natural Resources and Environment;

b) To direct subordinate units to carry out inspections and supervision of the scientific research activities of foreign organizations and individuals conducted in Vietnam’s territorial waters;

c) To handle violations according to their authority; to report and coordinate with the Ministry of Natural Resources and Environment to handle violations of foreign organizations and individuals conducting scientific research in Vietnam’s territorial waters according to this Decree and relevant laws.

2. The Ministry of National Defense within the scope of its assigned duties and granted powers shall be responsible for directing patrol and control forces under its jurisdiction to carry out inspections and supervision of the scientific research activities of foreign organizations and individuals based on the content of the scientific research permit decision issued, amended, supplemented, or extended by the competent authority; to detect and handle violations according to their authority or to recommend the competent authority to handle foreign organizations and individuals conducting scientific research in Vietnam’s territorial waters who violate the provisions of this Decree and relevant laws.

3. The Ministry of Public Security shall be responsible for proactively preventing, detecting, combating, and handling violations according to their authority or recommending the competent authority to handle foreign organizations and individuals conducting scientific research in Vietnam’s territorial waters who violate the provisions of this Decree and relevant laws.

4. Patrol and control forces at sea within the scope of their functions, tasks, and granted powers shall be responsible for carrying out inspections and supervision of the scientific research activities of foreign organizations and individuals conducted in Vietnam’s territorial waters; to handle violations according to their authority.

Article 25. Effective Date

This Decree takes effect from July 1, 2016, and replaces Decree No. 242-HĐBT dated August 5, 1991, issued by the Council of Ministers regarding regulations for foreign parties and foreign vessels entering Vietnam’s territorial waters for scientific research.

Article 26. Responsibility for Implementation

1. The Ministry of Natural Resources and Environment shall take the lead and coordinate with ministries, ministerial-level agencies, government agencies, and provincial people's committees directly under the central government that have coastlines to organize the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial people's committees directly under the central government that have coastlines, and related organizations and individuals shall be responsible for implementing this Decree.