Decree No. 51/2014/NĐ-CP on the transfer of certain marine areas to organizations and individuals for exploitation and utilization of marine resources

DECREE

Article 24provides for the transfer of certain marine areas to organizations,

individuals for exploitation and utilization of marine resources

______________

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

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

At the proposal of issues a decree on the transfer ofJune 2024;certain marine areas to organizations,June 2024; individuals for exploitation and utilization of marine resources.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the transfer of specific marine areas in Vietnam's maritime zones to organizations and individuals for the exploitation and utilization of marine resources according to investment certificates, permits, or decisions allowing the exploitation and utilization of marine resources issued by competent state management agencies; responsibilities of state agencies, organizations, and individuals related to the transfer of marine areas.

2. The transfer of marine areas for exploration and exploitation of oil and gas shall be carried out in accordance with laws on oil and gas; the exploitation of fisheries and leasing of sea surface for aquaculture shall be carried out in accordance with laws on fisheries; the transfer of marine areas for national defense and security purposes shall be carried out in accordance with separate regulations of the Government.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals related to the transfer of marine areas, exploitation, and utilization of marine resources.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows;

1. Specific marine area is a part of Vietnam's maritime zone including seawater, seabed, and subsoil under the seabed, with defined boundaries, planned for the exploitation and utilization of marine resources in accordance with the law.

2. Three-nautical-mile zone is the maritime zone with its outer boundary being three nautical miles from the low-water line along the coast.

3. Inter-provincial marine area is a marine area located between two or more coastal provinces or cities directly under the central government; or between the three-nautical-mile zone and the zone beyond three nautical miles.

4. Exploitation and utilization of marine resources is the activity of extracting marine resources or using marine resources to serve the development of economic and social sectors, ensuring national defense and security.

5. Investment certificate, permit, or decision allowing the exploitation and utilization of marine resources is a document issued by a competent state management agency in accordance with specialized laws permitting organizations and individuals to exploit and utilize marine resources in the proposed transferred marine area.

Article 4. Boundaries and Area of Marine Areas

1. The boundaries and area of marine areas are determined for each specific case based on the investment project, investment certificate, permit, or decision of a competent state management agency allowing the exploitation and utilization of marine resources and the planning and utilization plan of the sea.

2. A marine area is delineated by straight lines connecting specific coordinate points and is depicted on a suitable scale nautical chart published by the Vietnam People's Navy.

Article 5. Principles of Transferring Marine Areas

1. Ensuring comprehensive, unified, inter-sectoral, and inter-regional management; closely combining economic and social development with marine environmental protection; exploiting and utilizing marine resources efficiently and sustainably while protecting the marine environment.

2. Ensuring national interests and the interests of organizations and individuals legally engaged in the exploitation and utilization of marine resources within the transferred marine areas; ensuring security, safety, and protection of national sovereignty at sea.

3. Ensuring consistency with natural laws and the functional use of marine areas.

4. A marine area can only be transferred to one organization or individual.

Article 6. Basis for allocating marine areas

1. The need to use marine areas for exploiting and utilizing marine resources by organizations and individuals.

2. Marine planning and utilization plans that have been approved by competent authorities. In cases where such plans do not exist, the allocation of marine areas must be based on industry and local planning that have been approved by competent authorities.

3. Natural laws, functions of marine area usage, and requirements for protecting marine resources and the marine environment.

Article 7. Term for Allocating Marine Areas

1. The term for allocating marine areas to organizations and individuals for exploiting and utilizing marine resources shall be considered and decided on a case-by-case basis based on the application for allocating marine areas, investment projects, or exploitation and utilization plans for marine resources, ensuring compliance with marine utilization plans, permitted terms for exploiting and utilizing marine resources according to investment certificates, permits, or decisions of competent state management agencies. The maximum term for allocating marine areas is thirty years, which may be extended multiple times, but the total extension period shall not exceed twenty years.

2. In cases where the term for allocating marine areas specified in Clause 1 of this Article has expired, if organizations and individuals allocated marine areas still have the need to continue exploiting and utilizing marine resources, and their continued use of the allocated marine areas remains consistent with marine utilization plans, the decision to allocate marine areas will be reconsidered and issued anew in accordance with this Decree.

Article 8. Financial Matters Related to Allocation of Marine Areas

1. Organizations and individuals allocated marine areas for exploiting and utilizing marine resources must pay the fee for using marine areas as prescribed by law.

2. The fee for using marine areas is determined based on the permitted area of marine areas, the term of use, and the type of marine resources permitted for exploitation and utilization.

3. The Ministry of Finance shall take the lead and coordinate with the Ministry of Natural Resources and Environment to stipulate methods for calculating, collecting, managing, and using the fee for using marine areas.

Article 9. Prohibited Acts

1. Exploiting the use of marine areas to affect national defense, security, and national interests; the rights and legitimate interests of other organizations and individuals.

2. Engaging in exploitation and utilization of marine resources without being allocated marine areas by state management agencies or competent authorities.

3. Using marine areas for purposes other than those intended; encroaching upon or occupying the sea; destroying the marine environment.

4. Violating marine utilization plans and plans that have been approved by competent authorities.

5. Obstructing basic investigation activities, scientific research on marine resources and the marine environment; marine transportation activities, lawful exploitation and utilization of marine resources approved by competent state management agencies within allocated marine areas, and other lawful activities at sea as prescribed.

6. Providing information about marine areas in violation of the law.

7. Obstructing inspection, supervision, and monitoring activities of competent state agencies during the use of marine areas.

8. Other prohibited acts as stipulated by law.

Chapter II

ALLOCATION, EXTENSION, AMENDMENT, SUPPLEMENTATION OF DECISIONS ON ALLOCATION

RETURNING ALLOCATED MARINE AREAS

Article 10. Authority to allocate marine areas

1. Authority to allocate marine areas

a) The Prime Minister decides to allocate marine areas to organizations or individuals for implementing investment projects to exploit and utilize marine resources under the approval of the National Assembly, Government, or the Prime Minister;

b) The Ministry of Natural Resources and Environment decides to allocate marine areas outside the three-nautical-mile zone; inter-regional marine areas, except those marine areas allocated by the Prime Minister as provided in Point a Clause 1 of this Article;

c) People's Committees of coastal provinces and centrally governed cities decide to allocate marine areas within the three-nautical-mile zone, except those marine areas allocated by the Prime Minister and the Ministry of Natural Resources and Environment as provided in Points a and b Clause 1 of this Article.

2. The state management agency or competent authority issuing the decision to allocate a marine area has the right to extend, amend, supplement the allocation decision, recover, or permit the return of that marine area.

Article 11. Allocation of Marine Areas

1. The allocation of marine areas must meet the following conditions:

a) Organizations or individuals have been granted an investment certificate, permit, or decision allowing exploitation and utilization of marine resources in the proposed marine area by the competent state management agency;

b) The proposed marine area is consistent with the marine use plan or sectoral, local planning approved by the competent authority as stipulated in Clause 2, Article 6 of this Decree.

2. The allocation of marine areas to organizations or individuals for exploiting and utilizing marine resources must be reflected in a decision allocating a marine area (to be prepared according to Model No. 07 prescribed in the Appendix of this Decree).

3. The decision allocating a marine area includes the following contents:

a) Name of the organization or individual receiving the allocation of the marine area;

b) Purpose of using the marine area;

c) Location, boundaries, area of the marine area; permissible depth of use;

d) Duration of allocation of the marine area;

đ) Obligations of the organization or individual receiving the allocation of the marine area;

e) Effective date.

Article 12. Rights and Obligations of Organizations and Individuals Receiving the Allocation of Marine Areas

1. Organizations and individuals receiving the allocation of marine areas have the following rights:

a) To use the allocated marine area to exploit and utilize marine resources according to the investment certificate, permit, or decision allowing exploitation and utilization of marine resources issued by the competent state management agency;

b) To request extension, return, partial return of the marine area, amendment, or supplementation of the allocation decision;

c) To use information and data related to the allocated marine area as prescribed by law;

d) To be compensated or supported when the competent state management agency recovers the marine area for national security, defense, or national interest purposes as prescribed by law;

đ) To lodge complaints or initiate lawsuits against decisions on allocation, extension, amendment, or supplementation of the allocation decision; decisions on recovery of the marine area;

e) Other rights as prescribed by law.

2. Organizations and individuals receiving the allocation of marine areas have the following obligations:

a) To use the allocated marine area for the purpose specified in the allocation decision; not to transfer the right to use the allocated marine area to other organizations or individuals;

b) To conduct activities to exploit and utilize marine resources only within the allocated marine area;

c) To fulfill tax, fee, and charge payments as prescribed by law and financial obligations related to the use of the marine area as prescribed by this Decree and other relevant laws;

d) To protect the marine environment; to report and provide information on the situation of using the marine area, exploiting, and utilizing marine resources within the allocated marine area to the competent state management agency as prescribed by law;

đ) To be subject to inspection and supervision by competent state agencies during the use of the marine area for exploitation and utilization of marine resources;

e) Not to obstruct basic surveying, scientific research activities on marine resources and environment; marine traffic activities, lawful exploitation and utilization of marine resources permitted by the competent state management agency within the allocated marine area, and other lawful activities at sea as prescribed;

g) Not to conduct activities affecting national security and sovereignty over the sea in the allocated marine area;

h) Other obligations as prescribed by law.

Article 13. Extension of the Term for Allocation of Marine Areas

1. The extension of the term for allocation of marine areas shall be considered when the following conditions are met:

a) Investment certificate, permit, or decision allowing exploitation and utilization of marine resources has been extended by the competent state management agency;

b) Organizations and individuals using the marine area for its intended purpose; fully implementing regulations on protecting the marine environment as prescribed by law;

c) At the time of requesting extension, organizations and individuals have fully fulfilled their financial obligations as prescribed by law;

d) Organizations and individuals requesting extension of the term for allocation of marine areas must submit complete files as stipulated in Clause 2, Article 16 of this Decree to the file-receiving agency at least 60 days before the decision allocating the marine area remains valid.

2. The term for extending the decision on allocation of marine areas shall be considered on a case-by-case basis, ensuring consistency with planning and plans for marine use, and the permitted period for continued exploitation and utilization of marine resources as stated in the investment certificate, permit, or decision allowing exploitation and utilization of marine resources issued by the competent state management agency. Approval of the extension will be reflected through issuance of a new decision on allocation of marine areas.

Article 14. Amendment and Supplement to the Decision on Allocation of Marine Areas

1. The decision on allocation of marine areas may be amended or supplemented in the following cases:

a) Change in the organization or individual permitted to exploit and utilize marine resources;

b) Change in the name of the organization or individual permitted to exploit and utilize marine resources;

c) Change in the scale or area of exploitation and utilization of marine resources leading to a change in the area of marine area allocated.

2. Amendment and supplementation of the decision on allocation of marine areas shall only be considered when the following requirements are met:

a) The organization or individual proposing amendment or supplementation of the decision on allocation of marine areas has submitted complete files as stipulated in Clause 4, Article 16 of this Decree to the file-receiving agency;

b) At the time of proposing amendment or supplementation of the decision on allocation of marine areas, the organization or individual allocated the marine area has fully fulfilled the obligations prescribed in Points a, b, c, and d of Clause 2, Article 12 of this Decree;

c) The decision on allocation of marine areas remains valid.

3. Approval of amendment or supplementation of the decision on allocation of marine areas already issued will be reflected through issuance of a new decision on allocation of marine areas. The term for allocation of marine areas is the remaining term of the previous decision.

Article 15. Return of Marine Areas

1. An organization or individual may return part or all of the allocated marine area when there is no need to continue using it.

2. The return of marine areas shall be approved by the state management agency or the authority that allocated the marine area according to the following provisions:

a) In the case where an organization or individual requests to return the entire marine area, approval of the return will be reflected through a decision allowing the return of the marine area (to be prepared according to Model No. 10 specified in the Appendix of this Decree);

b) In the case where an organization or individual requests to return part of the marine area, approval of the return will be reflected through issuance of a new decision on allocation of marine areas for the remaining part of the marine area.

Article 16. Documents for requesting allocation, extension, return, amendment, and supplementation of decisions on marine area allocation

1. Documents for requesting allocation of a marine area include:

a) A request form for allocating a marine area (to be prepared according to Model No. 01 stipulated in the Appendix of this Decree);

b) Investment certificate, permit, or decision allowing exploitation and utilization of marine resources within the proposed marine area issued by the competent state management agency;

c) Environmental impact assessment report and commitment to environmental protection during marine resource exploitation and utilization in the proposed marine area, approved by the competent state management agency;

d) Map of the proposed marine area (to be prepared according to Model No. 06 stipulated in the Appendix of this Decree).

2. Documents for requesting extension include:

a) A request form for extending the decision on allocating a marine area (to be prepared according to Model No. 02 stipulated in the Appendix of this Decree);

b) The decision on allocating a marine area that has been issued;

c) Investment certificate, permit, or decision allowing marine resource exploitation and utilization that have been extended by the competent state management agency;

d) Report on the situation and results of marine resource exploitation and utilization activities; environmental protection work and fulfillment of obligations prescribed in Clause 2, Article 12 of this Decree up to the time of requesting extension.

3. Documents for returning a marine area include:

a) A request form for returning a marine area (to be prepared according to Model No. 03 stipulated in the Appendix of this Decree);

b) The decision on allocating a marine area that has been issued;

c) Map of the marine area showing the part of the marine area to continue using in case of partial return (to be prepared according to Model No. 06 stipulated in the Appendix of this Decree);

d) Report on the situation and results of marine resource exploitation and utilization activities; environmental protection work and fulfillment of obligations prescribed in Clause 2, Article 12 of this Decree up to the time of returning the area.

4. Documents for requesting amendment and supplementation of the decision on allocating a marine area include:

a) A request form for amending and supplementing the decision on allocating a marine area (to be prepared according to Model No. 04 stipulated in the Appendix of this Decree);

b) The decision on allocating a marine area that has been issued;

c) Contents prescribed in Clause 1, Article 14 of this Decree that have been approved by the competent state management agency and reflected in the investment certificate, permit, or decision allowing marine resource exploitation and utilization;

d) Map of the marine area in cases where there is a change in the boundary of the marine area (to be prepared according to Model No. 06 stipulated in the Appendix of this Decree);

đ) Report on the situation and results of marine resource exploitation and utilization activities; environmental protection work and fulfillment of obligations prescribed in Clause 2, Article 12 of this Decree up to the time of submitting the request for amendment and supplementation.

Article 17. Agencies receiving documents for requesting allocation, extension, amendment, and supplementation of decisions on allocating a marine area, and returning a marine area

1. The General Department of Sea Islands of Vietnam is the agency receiving documents for requesting allocation, extension, amendment, and supplementation of decisions on allocating a marine area, and returning a marine area within the authority to allocate of the Prime Minister, the Ministry of Natural Resources and Environment.

2. The Department of Natural Resources and Environment is the agency receiving documents for requesting allocation, extension, amendment, and supplementation of decisions on allocating a marine area, and returning a marine area within the authority to allocate of the People's Committee of coastal provinces and centrally governed cities.

Article 18. Forms for Accepting and Delivering Results of Processing Applications for Assigning, Extending, Amending, Supplementing Decisions on Assigning Marine Areas, Returning Marine Areas

1. Applications for assigning, extending, amending, supplementing decisions on assigning marine areas, returning marine areas shall be submitted directly or sent via postal service to the agency responsible for receiving applications as stipulated in Article 17 of this Decree.

2. The delivery of results from processing applications shall be conducted directly at the agency responsible for receiving applications.

Article 19. Contents of Reviewing Applications for Assigning, Extending, Amending, Supplementing Decisions on Assigning Marine Areas, Returning Marine Areas

1. Completeness of the application in terms of form and content.

2. Compatibility of the proposed marine area with marine planning and utilization plans; compatibility of the planned marine resource exploitation and utilization activities with natural laws and functions of the marine area.

3. Conflicts between the planned marine resource exploitation and utilization activities and existing permitted activities within the proposed marine area (if any).

4. Suitability of environmental protection measures during marine resource exploitation and utilization in the proposed marine area.

Article 20. Procedures for Implementing the Process of Assigning, Extending, Amending, Supplementing Decisions on Assigning Marine Areas, Returning Marine Areas

1. The procedure for receiving the file shall be carried out as follows:

a) Organizations and individuals applying for assigning marine areas, extending decisions on assigning marine areas, amending, supplementing decisions on assigning marine areas, returning part or all of the marine area shall submit two sets of applications to the agency responsible for receiving applications. In cases where applications are sent via postal service, the date of receipt of the application is the date when the postal service delivers it to the agency responsible for receiving applications;

b) Within no more than five working days from the date of receiving the application, the agency responsible for receiving applications shall check the components and contents of the application. If the application meets the regulations, the agency responsible for receiving applications shall issue a receipt and schedule for resolution (to be prepared according to Model No. 12 stipulated in the Appendix of this Decree). If the application does not meet the regulations, the agency responsible for receiving applications shall guide once in writing for organizations and individuals to supplement and complete.

2. The review of applications shall be carried out as follows:

Within no more than 45 days for applications proposing assignment of marine areas; no more than 30 days for applications proposing extension of decisions on assignment of marine areas, returning part or all of the marine area; no more than 20 days for applications proposing amendment or supplementation of decisions on assignment of marine areas from the date of issuance of the receipt, the agency responsible for receiving applications shall:

a) Complete the review of the application according to the contents stipulated in Article 19 of this Decree. The review result must be documented in writing.

b) Where necessary, the agency responsible for receiving applications shall send a document seeking opinions from relevant agencies and organizations for on-site inspection (the time for soliciting opinions and conducting on-site inspections is not included in the review period). Within no more than 20 days from the date of receiving the document requesting opinions from the agency responsible for receiving applications, the agency providing opinions shall respond in writing about related issues.

b) Determine financial obligations that organizations and individuals must fulfill.

3. The submission and resolution of applications shall be carried out as follows:

a) Within no more than five working days from the date of completing the review, the agency responsible for receiving applications shall submit the application to the competent state management agency or authority for assigning marine areas;

b) Within no more than seven working days from the date the agency responsible for receiving applications submits the application, the competent state management agency or authority for assigning marine areas shall examine and issue a decision on assigning, extending, allowing return of part or all of the marine area, amending, or supplementing the decision on assigning marine areas. In case of not issuing a decision, a written response with clear reasons must be provided.

4. Notification and Delivery of Application Results

Within no more than five working days from the date of receiving the resolution of the application from the competent state management agency or authority for assigning marine areas, the agency responsible for receiving applications shall notify organizations and individuals who have submitted applications to receive the results and fulfill related obligations as prescribed.

Chapter III

WITHDRAWAL OF MARINE AREAS, TERMINATION OF EFFECTIVENESS

 OF DECISIONS ON ASSIGNING MARINE AREAS

Article 21. Revocation of Marine Areas

1. The marine areas shall be revoked in the following cases:

a) Organizations or individuals assigned marine areas exploit the use of such areas to affect national defense, security, and national interests;

b) The assigned marine areas are used for purposes of national defense, security, and national interests as prescribed by law;

c) Organizations or individuals use marine areas contrary to approved marine planning and utilization plans;

d) Investment certificates, permits, or decisions allowing exploitation and use of marine resources are revoked, or within twelve months from the date of assignment of the marine area, organizations or individuals assigned the marine area do not commence activities of exploiting and using marine resources, except in cases of force majeure as prescribed by law.

2. The revocation of marine areas as stipulated in Points a, c, and d of Clause 1 of this Article shall be carried out in accordance with the following procedures:

a) Within thirty days from the date of receipt of the conclusion of the competent state agency regarding the violation by the organization or individual assigned the marine area of one of the provisions at Points a, c, and d of Clause 1 of this Article, the agency receiving the dossier shall be responsible for reviewing and verifying on-site when necessary and submitting to the state management agency or competent authority for a decision to revoke the marine area;

b) Within ten days from the date of receipt of the report of the agency receiving the dossier, the state management agency or competent authority assigning the marine area shall consider and decide on the revocation;

c) Within five working days from the date the state management agency or competent authority issues the decision to revoke the marine area, the agency receiving the dossier shall be responsible for sending the decision to revoke the marine area to the organization or individual and notifying the revocation to relevant agencies.

3. The revocation of marine areas as stipulated in Point b of Clause 1 of this Article shall be carried out as follows:

a) Within twenty days from the date the competent state agency decides to use the assigned marine area for purposes of national defense, security, and national interests, the agency receiving the dossier shall be responsible for preparing a report to submit to the state management agency or competent authority assigning the marine area to issue a decision to revoke the marine area;

b) Within ten days from the date of receipt of the report of the agency receiving the dossier, the state management agency or competent authority assigning the marine area shall issue a decision to revoke the marine area;

c) Within five working days from the date the state management agency or competent authority issues the decision to revoke the marine area, the agency receiving the dossier shall be responsible for sending the decision to revoke to the organization or individual and notifying the revocation to relevant agencies.

4. The revocation of marine areas shall be evidenced by a decision (to be prepared according to Model No. 11 prescribed in the Appendix of this Decree).

5. In the case where the marine area is revoked as stipulated in Point b of Clause 1 of this Article, the organization or individual assigned the marine area shall be supported and compensated in accordance with the provisions of law.

Article 22. Termination of Effectiveness of Decision Assigning Marine Areas

1. The decision assigning marine areas shall terminate its effectiveness when one of the following situations occurs:

a) The marine area is revoked;

b) The decision assigning the marine area expires;

c) Permission is granted to return the marine area;

d) The organization or individual assigned the marine area is dissolved or declared bankrupt in accordance with the provisions of law.

2. When the decision assigning the marine area terminates its effectiveness as prescribed in Clause 1 of this Article, the organization or individual assigned the marine area shall be responsible for handling construction works and equipment for exploiting and using marine resources and restoring and recovering the environment in the assigned marine area in accordance with the provisions of specialized laws and reporting the results of implementation to the state management agency or competent authority assigning the marine area for inspection of the results of implementation.

Chapter IV

RESPONSIBILITIES OF THE AUTHORITIES IN ASSIGNING,

EXTENDING, REVOKING, PERMITTING RETURN, AMENDING,

AND SUPPLEMENTING DECISIONS ON ASSIGNING MARINE AREAS

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

1. Assist the Government in implementing comprehensive and unified management of the assignment of marine areas for the exploitation and utilization of marine resources.

2. Carry out the assignment, extension, revocation, permission to return part or all of the marine area, amendment, and supplementation of decisions on assigning marine areas in accordance with the provisions of this Decree; closely coordinate with state management agencies authorized to permit the exploitation and utilization of marine resources and other relevant agencies during the implementation process.

3. Establish and manage information systems and data on the assignment and use of marine areas nationwide.

4. Inspect and supervise compliance with legal regulations on the assignment and use of marine areas nationwide; resolve disputes over the use of marine areas within their jurisdiction as prescribed by law.

5. Summarize and evaluate the situation of the assignment and use of marine areas nationwide and report to the Prime Minister every six months and annually.

Article 24. Responsibilities of the People's Committee of coastal provinces and centrally governed cities

1. Implement the assignment, extension, recovery, permission to return part or all of the marine area, amendment, and supplementation of decisions on assigning marine areas in accordance with the provisions of this Decree; closely coordinate with competent state management agencies for permission to exploit and use marine resources and other relevant agencies during the implementation process;

2. Manage the use of marine areas for exploitation and utilization of marine resources; build and manage information and data systems on the assignment and use of marine areas within the local administrative region.

3. Summarize and evaluate the situation of the assignment and use of marine areas under their authority and send them to the Ministry of Natural Resources and Environment every six months and annually.

4. Inspect and check compliance with legal regulations on the use of marine areas within the local administrative region; resolve disputes over the use of marine areas under their authority within the local administrative region in accordance with the law.

Article 25. Responsibilities of related agencies

1. State management agencies with authority to permit investment, exploitation, and utilization of marine resources when issuing investment certificates, permits, or decisions allowing exploitation and utilization of marine resources shall be responsible for soliciting opinions and reaching consensus with state management agencies with authority to assign marine areas regarding coordinates, boundaries, and area of the marine zone where marine resources are expected to be exploited and utilized.

2. The Ministry of National Defense is responsible for providing nautical charts as stipulated in Clause 2, Article 4 of this Decree to state management agencies with authority to assign marine areas to serve the work of assigning marine areas and managing the use of marine areas by organizations and individuals.

Chapter V

IMPLEMENTING PROVISIONS

Article 26. Transitional Provisions

1. Marine areas currently being used by organizations and individuals for exploitation and utilization of marine resources according to investment certificates, permits, or decisions allowing exploitation and utilization of marine resources issued by state management agencies before this Decree takes effect, if consistent with marine planning and plans, may continue to use such marine areas until the expiration date of the permit or decision allowing exploitation and utilization of marine resources.

2. Organizations and individuals exploiting and utilizing marine resources as stipulated in Clause 1 of this Article must submit reports on the use of marine areas along with maps of the marine areas they are using to state management agencies or authorities with the power to assign marine areas for review and recognition. Recognition is demonstrated by a decision assigning the marine area.

Article 27. Effective Date

1. This Decree takes effect from July 15, 2014.

2. The Minister of Natural Resources and Environment is responsible for supervising the implementation of this Decree.

3. Ministers, heads of ministerial-level agencies, heads of agencies under the Government, and Chairpersons of People's Committees of coastal provinces and centrally governed cities are responsible for implementing this Decree./.