Decree No. 65/2025/NĐ-CP amends and supplements some articles of Decree No. 40/2016/NĐ-CP dated May 15, 2016, of the Government detailing the implementation of certain provisions of the Law on Marine Resources, Environment, and Islands, and Decree No. 11/2021/NĐ-CP dated February 10, 2021, of the Government regarding the allocation of certain marine areas to organizations and individuals for exploitation and utilization of marine resources.

DECREE

AMENDING AND SUPPLEMENTING SOME PROVISIONS OF DECREE NO. 40/2016/NĐ-CP

OF MAY 15, 2016 ISSUED BY THE GOVERNMENT GUIDING THE IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LAW ON MARINE RESOURCES, ENVIRONMENT, AND ISLANDS

AND DECREE NO. 11/2021/NĐ-CP OF FEBRUARY 10, 2021

ISSUED BY THE GOVERNMENT ON THE ASSIGNMENT OF SPECIFIED MARINE AREAS TO ORGANIZATIONS AND INDIVIDUALS FOR EXPLOITATION AND USE OF MARINE RESOURCES

VIETNAMESE MARINE LAW

JUNE 21, 2012;

                                       

On the basis of Law on Government Organization dated February 18, 2025;

On the basis of LAW ON MARINE RESOURCES, ENVIRONMENT, AND ISLANDS LAW ON AQUATIC RESOURCES

On the basis of NOVEMBER 21, 2017; June 25, 2015;

On the basis of PLANNING LAW NOVEMBER 24, 2017;

On the basis of LAW AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF 37 LAWS RELATED TO PLANNING DECREE NO. 40/2016/NĐ-CP OF MAY 15, 2016 ISSUED BY THE GOVERNMENT GUIDING THE IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LAW ON MARINE RESOURCES, ENVIRONMENT, AND ISLANDS November 20, 2018;

At the proposal of the Minister of Agriculture and Rural Development;

THE GOVERNMENT ISSUES THE DECREE AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF DECREE NO. DECREE NO. 11/2021/NĐ-CP OF FEBRUARY 10, 2021 ISSUED BY THE GOVERNMENT ON THE ASSIGNMENT OF SPECIFIED MARINE AREAS TO ORGANIZATIONS AND INDIVIDUALS FOR EXPLOITATION AND USE OF MARINE RESOURCES. NOVEMBER 21, 2017; and Decree No. ARTICLE 1. AMENDING AND SUPPLEMENTING SOME PROVISIONS OF DECREE NO. 40/2016/NĐ-CP OF MAY 15, 2016 ISSUED BY THE GOVERNMENT GUIDING THE IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LAW ON MARINE RESOURCES, ENVIRONMENT, AND ISLANDS 1. AMENDING AND SUPPLEMENTING CLAUSE 2 AND ADDING CLAUSE 4 OF ARTICLE 8 AS FOLLOWS:

"2. The coastal sea zone has its inner boundary as the lowest low-water line averaged over many years and its outer boundary is six nautical miles from the lowest low-water line averaged over many years."

"4. The lowest low-water line averaged over many years

a) Amend and supplement Clause 2 as follows:

a) The lowest low-water line averaged over many years is calculated and determined based on the value of the lowest low-water level averaged over many years of characteristic tidal water levels measured over 18.6 years and the type of coastline (coastline with mountain cliffs, rock cliffs; natural coastline with a slope greater than or equal to 45 degrees; natural coastline with a slope less than 45 degrees; coastline with constructed sea dykes, sea revetments), except in cases provided for in Point b of this Clause;

b) Supplement Clause 4 as follows:

b) For sections of coastline interrupted by river mouths, lagoon entrances, or breaches, the lowest low-water line averaged over many years is determined by connecting the two nearest points on the lowest low-water line averaged over many years already established at both sides of the river mouth, lagoon entrance, or breach.

For areas where land reclamation has been completed according to the law, the lowest low-water line averaged over many years is the outer boundary of the reclaimed area.

c) The Ministry of Agriculture and Rural Development determines and publishes characteristic tidal water levels; determines and publishes the lowest low-water line averaged over many years of mainland and the largest islands belonging to island districts; guides provincial people's committees with coastlines to determine the lowest low-water line averaged over many years; the outer boundaries of the three-nautical-mile and six-nautical-mile zones of islands.

Provincial people's committees with coastlines determine and publish the lowest low-water line averaged over many years; the outer boundaries of the three-nautical-mile and six-nautical-mile zones of islands within their management scope, excluding the largest islands of island districts.

d) The lowest low-water line averaged over many years of sections of coastline are reviewed and adjusted after completion of land reclamation projects or land reclamation components in investment projects, or when there is a change in the coastline or topography that alters the previously published lowest low-water line averaged over many years.

Provincial people's committees with coastlines conduct reviews, determine, adjust, and propose the Ministry of Agriculture and Rural Development to consider and publish the lowest low-water line averaged over many years for mainland and the largest islands belonging to island districts that have been published; review, determine, adjust, and publish the lowest low-water line averaged over many years for islands within their management scope, excluding the largest islands of island districts."

2. ADDING ARTICLE 35A AFTER ARTICLE 35 AS FOLLOWS:

"ARTICLE 35A. ADJUSTING THE LIST OF AREAS REQUIRED TO ESTABLISH COASTAL PROTECTION ZONES

1. The list of areas required to establish coastal protection zones shall be reviewed and adjusted in the following cases:

a) Due to national defense and security requirements; disaster prevention and control;

b) Due to the impact of natural disasters or force majeure as defined under civil law, where the coastal protection zone no longer meets the objectives and requirements stipulated in Clause 1 of Article 23 of the Law on Marine Resources, Environment, and Islands;

c) To align with the overall planning for sustainable exploitation and use of coastal resources, and provincial planning approved by competent authorities;

d) Changing land use purposes for economic and social development, for national public interest, in cases of land recovery as prescribed by the Land Law;

đ) Adding areas necessary to establish coastal protection zones if they meet the objectives and requirements stipulated in Clause 1 of Article 23 of the Law on Marine Resources, Environment, and Islands.

2. The adjustment process shall seek opinions from relevant agencies, organizations, individuals, and local communities; approval of the adjustment of the list of areas required to establish coastal protection zones shall be carried out in accordance with the procedures for establishing the list of areas required to establish coastal protection zones as stipulated in Articles 31, 32, 33, 34, and 35 of this Decree."

3. AMENDING AND SUPPLEMENTING CLAUSE 1 OF ARTICLE 40 AS FOLLOWS:

"1. The boundaries of coastal protection zones shall be reviewed and adjusted in the following cases:

b) Significant changes in the high-tide line averaged over many years in the area where the coastal protection zone is established;

c) Due to the impact of natural disasters or force majeure as defined under civil law, where part of the coastal protection zone no longer meets the objectives and requirements stipulated in Clause 1 of Article 23 of the Law on Marine Resources, Environment, and Islands;

c) To align with the overall planning for sustainable exploitation and use of coastal resources, and provincial planning approved by competent authorities;

d) To align with the overall planning for sustainable exploitation and use of coastal resources, and provincial planning approved by competent authorities;"

c) Due to the impact of natural disasters or force majeure cases as provided for by civil law, part of the scope of the coastal protection zone area no longer meets the objectives and requirements stipulated in Clause 1 of Article 23 of the Law on Marine Resources and Environment;

Adjustments shall be made in accordance with the overall planning for sustainable exploitation and use of coastal resources and the provincial planning approved by the competent authority;

d) Changing the land use purpose for economic and social development, for national interests, public benefits in cases of land recovery as prescribed by the Land Law.”

4. Supplement Clause 4 of Article 49 as follows:

“4. During the implementation of the Marine Disposal Permit, the organization or individual granted permission may change or supplement the transport means and must notify in writing to the authority that issued the Marine Disposal Permit before implementation.”

5. Amend and supplement Point b of Clause 1 of Article 51 as follows:

“b) Increase the volume of materials to be disposed of; change the boundaries and area of the marine zone used for disposal.”

6. Amend and supplement Points c and d of Clause 1 and Points d and e of Clause 5 of Article 54 as follows:

a) Amend and supplement Point c Clause 1 as follows:

“c) A copy accompanied by the original for comparison or a certified true copy of the decision approving the environmental impact assessment report results from the competent authority; the adjusted and supplemented environmental impact assessment report that is consistent with the environmental protection content and requirements stated in the decision approving the environmental impact assessment report results from the state administrative agency that is not the authority issuing the Marine Disposal Permit;”

b) Amend and supplement Point d of Clause 1 as follows:

“d) The map of the marine area proposed to be used for disposal prepared according to Model No. 05 issued together with Decree No. 11/2021/NĐ-CP dated February 10, 2021 of the Government on the transfer of certain marine areas to organizations and individuals for exploitation and utilization of marine resources.”

c) Amend and supplement Point d Clause 5 as follows:

“d) A copy accompanied by the original for comparison or a certified true copy of the decision approving the environmental impact assessment report results from the competent authority; the adjusted and supplemented environmental impact assessment report that is consistent with the environmental protection content and requirements stated in the decision approving the environmental impact assessment report results from the state administrative agency that is not the authority amending and supplementing the Marine Disposal Permit due to changes in the scale of disposal; boundaries and area of the marine zone used for disposal;”

d) Amend and supplement Point e of Clause 5 as follows:

“e) The map of the marine area in case there is a change in the boundaries and area of the marine zone proposed to be used for disposal prepared according to Model No. 05 issued together with Decree No. 11/2021/NĐ-CP dated February 10, 2021 of the Government on the transfer of certain marine areas to organizations and individuals for exploitation and utilization of marine resources.”

7. Amend and supplement Article 55 as follows:

“Article 55. Authority receiving and examining the application dossier; form of receipt and delivery of results of application dossier processing for issuance, reissuance, extension, amendment, supplementation, return of Marine Disposal Permit

1. The authority receiving the application dossier for issuance, reissuance, extension, amendment, supplementation, and return of the Marine Disposal Permit is the authority authorized to receive the application dossier for transfer, return of marine areas; extension, amendment, and supplementation of the Decision on Transfer of Marine Areas according to Clause 1 of Article 25 of Decree No. 11/2021/NĐ-CP dated February 10, 2021 of the Government on the transfer of certain marine areas to organizations and individuals for exploitation and utilization of marine resources.

2. Authority examining the application dossier:

a) Vietnam Marine and Island Management Agency is the authority examining the application dossier for issuance, reissuance, extension, amendment, supplementation, and return of the Marine Disposal Permit within the jurisdiction of the Ministry of Agriculture and Rural Development;

b) Department of Agriculture and Rural Development is the authority examining the application dossier for issuance, reissuance, extension, amendment, supplementation, and return of the Marine Disposal Permit within the jurisdiction of the People's Committee at provincial level.

3. Form of receipt and delivery of results of application dossier processing according to Article 26 of Decree No. 11/2021/NĐ-CP dated February 10, 2021 of the Government on the transfer of certain marine areas to organizations and individuals for exploitation and utilization of marine resources.”

8. Supplement Clause 5 of Article 56 as follows:

“5. The authority or person with competence shall only be responsible for the contents assigned to examine, approve or handle other procedures related to marine disposal activities as prescribed in this Decree; they shall not be responsible for the contents already approved, examined, or decided by another authority or person with competence previously.”

9. Amend and supplement Point a of Clause 1, Clause 2 and Clause 3 of Article 57 as follows:

a) Amend and supplement point a, Clause 1 as follows:

“a) Organizations or individuals applying for issuance, reissuance, extension, amendment, supplementation, and return of the Marine Disposal Permit submit one set of application dossier directly or send it through postal service or via online public service system to the authority receiving the application dossier. In case the application dossier is sent through postal service, the date of receipt of the dossier is the date when the postal service delivers it to the authority receiving the dossier;”

b) Amend and supplement Clause 2 and Clause 3 as follows:

“2. The examination of the application dossier shall be carried out as follows:

Within a period not exceeding 60 days for the application dossier requesting issuance of the Marine Disposal Permit; not more than 45 days for the application dossier requesting extension or return of the Marine Disposal Permit; not more than 30 days for the application dossier requesting amendment or supplementation of the Marine Disposal Permit; and not more than 15 days for the application dossier requesting reissuance of the Marine Disposal Permit from the date of receipt of the application dossier, the authority examining the application dossier shall be responsible for:

a) Completing the examination of the application dossier according to the contents stipulated in Article 56 of this Decree. The examination conclusion must be documented in writing.

If necessary, the authority examining the application dossier shall request the competent authority to establish an Examination Board; send a letter seeking opinions from relevant agencies; organize on-site inspection.

In the case where an Appraisal Board is established to review the application, the competent authority responsible for issuing, reissuing, extending, amending, supplementing, or allowing the return of the Marine Disposal Permit shall issue a decision to establish the Appraisal Board. The Appraisal Board consists of 01 Chairman who is a leader from the competent authority responsible for issuing, reissuing, extending, amending, supplementing, or allowing the return of the Marine Disposal Permit, 01 Deputy Chairman who is a leader from the appraisal agency, 01 Secretary member, 02 Review members, and other members, including at least one-third (one third) of the Board members having expertise related to the assessment of the suitability of marine disposal activities with respect to the environment and marine ecosystems. Members of the Appraisal Board are responsible for their comments and evaluations on the applications for issuance, reissuing, extension, amendment, supplementation, or return of the Marine Disposal Permit. The Appraisal Board operates based on the principle of open discussion among its members. A session of the Appraisal Board can only be convened when at least two-thirds (two thirds) of the Board members participate in the session (either in person or online), including the Chairman or the authorized Deputy Chairman, the Secretary member, and at least one Review member.

Organizations and individuals applying for issuance, reissuing, extension, amendment, supplementation, or return of the Marine Disposal Permit may be invited to attend the Appraisal Board's sessions.

Within a period not exceeding fifteen days from the date of receiving the document requesting opinions accompanied by complete application files as prescribed, the agency requested to provide opinions must respond in writing.

The on-site inspection period shall not exceed ten days. The time for soliciting opinions and conducting on-site inspections shall not be included in the time for reviewing the application.

If the application does not meet the conditions for issuance of the Marine Disposal Permit, the agency reviewing the application shall send information and clearly state the reasons to the agency receiving the application to prepare a response document to the organization or individual.

b) In the case where the application lacks sufficient information for issuance, reissuing, extension,^; amendment, or supplementation of the Marine Disposal Permit, the agency reviewing the application shall send a document requesting the organization or individual to provide additional information and explain the contents that need clarification. The time for organizations or individuals to submit additional information and explanations shall not be counted towards the time for reviewing the application. Organizations or individuals must submit additional information and explanations to the agency reviewing the application within thirty days from the date the agency sends the request; if this deadline is exceeded without the agency receiving the additional information and explanations from the organization or individual, the agency shall send the information to the agency receiving the application to prepare a response document to the organization or individual regarding the non-issuance, reissuance, extension, amendment, or supplementation of the Marine Disposal Permit.

If the application meets the conditions for examination and issuance, reissuing, extension, amendment, or supplementation of the Marine Disposal Permit, the agency reviewing the application shall submit the application to the competent authority for issuance of the Marine Disposal Permit.

3. The procedures for submitting and processing applications are as follows:

a) Within a period not exceeding five working days from the date of completing the application review as stipulated in point a, Clause 2 of this Article or from the date of receiving the document providing additional information and explanations from the organization or individual as stipulated in point b, Clause 2 of this Article, the agency reviewing the application shall submit the application to the competent authority for issuance of the Marine Disposal Permit and the decision to allocate the marine area for disposal.

b) Within a period not exceeding five working days from the date the agency submits the application, the competent national management authority shall examine and issue a decision on issuance, reissuing, extension, amendment, supplementation, or return of the Marine Disposal Permit and allocation of the marine area, extension of the allocation period, amendment, or supplementation of the decision allocating the marine area for disposal. If the application is not approved by the competent national management authority, the agency reviewing the application shall send information and clearly state the reasons to the agency receiving the application to prepare a response document to the organization or individual.”

Article 2. Amending and supplementing some articles of Decree No. 11/2021/NĐ-CP dated February 10, 2021 of the Government on the transfer of certain marine areas to organizations and individuals for exploitation and utilization of marine resources.

1. Amending and supplementing Clause 1 of Article 1 as follows:

"1. Scope of regulation

a) This Decree stipulates the transfer of certain marine areas from the lowest low-water mark along the coast over many years out to the full extent of Vietnam's maritime zones to organizations and individuals for the exploitation and utilization of marine resources;

b) The use of marine areas for land reclamation activities does not fall within the scope of this Decree."

2. Amending and supplementing Clause 4, Clause 5, and Point b Clause 6 of Article 2 as follows:

a) Amending and supplementing Clause 4 and Clause 5 as follows:

"4. The three-nautical-mile zone is the maritime area with its inner boundary being the lowest low-water mark along the coast or the largest island of coastal districts over many years, and its outer boundary being a distance of three nautical miles from the lowest low-water mark along the coast or the largest island of coastal districts over many years.

5. The six-nautical-mile zone is the maritime area with its inner boundary being the lowest low-water mark along the coast or the largest island of coastal districts over many years, and its outer boundary being a distance of six nautical miles from the lowest low-water mark along the coast or the largest island of coastal districts over many years."

b) Amending and supplementing Point b Clause 6 as follows:

"b) In cases where specialized laws do not specify the form of permit, the document allowing organizations and individuals to exploit and utilize marine resources shall be one of the following forms: Decision approving investment orientation, document approving investment orientation, Certificate of Investment, Certificate of Investment Registration of projects using marine areas; document of competent state agencies regarding the conversion from nearshore exploitation to aquaculture in accordance with the law on fisheries or confirmation document of the People's Committee at the commune level regarding Vietnamese individuals residing in the locality whose main livelihood depends on income from aquaculture; document of competent state agencies allowing organizations and individuals to carry out scientific and technological tasks; document of competent state agencies granting permission to organizations and individuals to conduct activities using marine areas."

3. Amending and supplementing Clause 1 and adding Clause 4 of Article 3 as follows:

a) Amend and supplement Clause 1 as follows:

"1. The boundaries of marine areas are determined by a closed line consisting of straight segments connecting specific corner points with coordinates or other shapes that can clearly define the area and are depicted on the seabed topographic map published by the Ministry of Agriculture and Rural Development with appropriate scale. The marine area map is a specialized map as prescribed by the law on maps."

b) Supplement Clause 4 as follows:

"4. The outer boundary of the three-nautical-mile zone and the six-nautical-mile zone of the mainland and the largest islands of coastal districts shall be adjusted when the lowest low-water mark along the coast over many years is adjusted."

4. Amending and supplementing Clause 5 and adding Clause 6 of Article 4 as follows:

a) Amending and supplementing Clause 5 as follows:

"5. Within a maritime zone, one or more organizations and individuals may be assigned to implement one or more purposes of use without conflicting with the lawful exploitation and utilization of marine resources by other organizations and individuals who have been permitted to proceed. On a marine area, only one organization or individual may be assigned to implement one or more purposes of exploitation and utilization of marine resources."

b) Supplement Clause 6 as follows:

"6. The agency or person with authority shall only be responsible for the contents assigned to review, approve, or handle related procedures concerning the activity of transferring marine areas as prescribed in this Decree; they shall not be responsible for the contents previously approved, reviewed, approved, or handled by another agency or person with authority."

5. Amending and supplementing Clause 3 and Point b Clause 4 of Article 5 as follows:

a) To amend and supplement Clause 3 as follows:

"3. Content of one of the following plans:

a) National Marine Space Plan;

b) Comprehensive Plan for Sustainable Exploitation and Utilization of Coastal Resources;

c) National Industry Plan;

d) Regional Plan;

đ) Provincial Plan;

e) Administrative-Economic Special Zone Plan;

g) Technical-Specialized Plan.

In cases where the above plans do not indicate the scope of the marine area proposed for transfer, the determination of location, boundaries, and area for transferring the marine area according to Clause 4 of this Article."

b) Amend and supplement point b of Clause 4 as follows:

"b) The proposed marine area for use must ensure that the implementation of activities exploiting and utilizing marine resources does not adversely affect the environment, marine ecosystems, fishery resources, marine conservation areas, fishery resource protection areas; does not affect cultural heritage preservation and promotion activities; does not have harmful effects on human health as prescribed by law;"

6. Adding Article 5a after Article 5 as follows:

"Article 5a. Cases of refusal to transfer marine areas

1. Activities using marine areas that harm Vietnam's sovereignty, sovereign rights, jurisdiction, and national interests at sea; activities that harm national defense, security, order, and safety at sea; activities prohibited by Vietnamese law.

2. The scope of the marine area proposed for use lies within special protection zones for national defense purposes; Zone I of historical and cultural relics; strictly protected zones and ecological recovery zones of marine conservation areas, world heritage sites, biosphere reserves, national parks; fishery resource protection zones; wetlands with unique ecosystems, high biodiversity, functions of maintaining water sources and ecological balance, of international and national importance; areas with special-purpose forests; areas with seagrass meadows and coral reefs; areas with oil and gas facilities and equipment and surrounding safety zones around these facilities except in cases where organizations are assigned to manage and carry out activities in these marine areas in accordance with the law."

3. Activities using marine areas that significantly affect basic investigation activities, scientific research, exploration, exploitation, and utilization of marine resources being legally conducted in Vietnam's territorial waters; significantly affecting the preservation of historical-cultural relics, scenic spots, and cultural heritage.

4. Activities using marine areas that involve the use of explosives, toxic chemicals, and other means capable of causing harm to people, resources, and marine environmental pollution; except where explosives and toxic chemicals have been permitted by competent state authorities in accordance with the law.

5. Information provided in the application for allocation of marine areas is inaccurate or information about the content of activities does not align with the purpose of the proposed allocation of marine areas.

7. Amend and supplement Point b Clause 1 Article 6 as follows:

“b) For investment projects that have been approved by competent state authorities or decided on investment orientation, granted Investment Registration Certificates, or Investment Certificates with an investment period exceeding thirty years, the term of allocation of marine areas may be considered and decided to exceed thirty years but shall not exceed the investment period recorded in the approval decision, investment orientation decision, Investment Registration Certificate, or Investment Certificate (except for marine aquaculture investment projects).

The term of allocation of marine areas for aquaculture shall not exceed fifty years; the term of allocation of marine areas for organizations and individuals of Vietnam implementing science and technology tasks serving aquaculture shall not exceed the duration of the science and technology tasks approved by the competent authority.

8. Add Article 6a following Article 6 as follows:

“Article 6a. Marine area usage activities that do not require procedures for allocating marine areas

1. The following marine area usage activities do not require procedures for allocating marine areas:

a) Marine fishing activities; activities to protect and restore fishery resources; marine conservation activities according to laws on fisheries, environmental protection, and biodiversity;

b) Activities to address direct consequences caused by natural disasters and environmental incidents at sea; construction activities of facilities for disaster prevention and mitigation funded by the State or by organizations and individuals through non-state budget funds for non-profit purposes in accordance with laws on disaster prevention and mitigation;

c) Scientific research activities conducted in Vietnam’s marine areas by foreign organizations and individuals, which have been permitted by competent state authorities in accordance with Article 19 of the Law on Marine Resources, Environment, and Islands;

d) Oil and gas exploration activities; dredging activities in port waters, fishing port waters, anchorage areas for fishing vessels, and maritime channels (excluding combined dredging and product recovery activities) in accordance with the law;

đ) Scientific research, surveying, monitoring, investigation, and exploration activities on the sea led by state agencies;

e) Scientific research, surveying, monitoring, investigation, and exploration activities on the sea carried out by organizations and individuals based on tasks assigned, commissioned, or entrusted by competent state authorities using state budget funds (excluding tasks serving aquaculture);

g) Maritime activities serving national and public interests and maritime infrastructure constructed using state budget funds for non-profit purposes; construction and installation of facilities serving national and public interests funded by the State or by organizations and individuals through non-state budget funds for non-profit purposes; seabed cable survey, installation, maintenance, repair, and recovery activities;

h) Marine area usage activities serving defense and security purposes, including cases of using marine areas for seabed disposal operations.

2. Before the competent authority approves, commissions, or assigns tasks for activities specified in Points d, đ, e, and g Clause 1 of this Article, opinions must be sought from the authority stipulated in Article 8 of this Decree regarding the purpose, location, coordinates, boundaries, area, depth, and duration of marine area usage activities.

Prior to implementation, organizations and individuals conducting activities specified in Points d, đ, e, and g Clause 1 of this Article must submit information on the purpose, location, coordinates, boundaries, area, depth, and duration of marine area usage activities to the agency stipulated in Clause 2 Article 25 of this Decree.

3. Organizations and individuals exploiting and using marine areas not falling under the circumstances specified in Clause 1 of this Article must be allocated marine areas in accordance with this Decree.

9. Amend and supplement Points c, d, and đ Clause 2 Article 7 as follows:

“c) Protect the marine environment; report annually before December 31 to the competent state authority allocating the marine area on the situation of the allocated marine area according to Model No. 12 issued together with this Decree; do not provide information on marine areas contrary to the provisions of the law;

d) Fulfill the payment of fees for the use of marine areas as prescribed by law; only use the allocated marine area after fully fulfilling all financial obligations as prescribed;

đ) Shall not transfer, mortgage, contribute capital, or lease the right to use the allocated marine area except in the circumstances stipulated in Clause 3 of this Article;"

10. Amend and supplement Article 8 as follows:

"Article 8. Competence to allocate, recognize, permit the return of marine areas; extend, amend, and supplement the Decision on Allocation of Marine Areas; recover marine areas

1. The Ministry of Agriculture and Rural Development decides on the allocation of marine areas in cases where the marine area has a scope outside the six-nautical-mile zone measured from the mean low-water line of the mainland and islands as stipulated in Clause 3 Article 3 of this Decree, except for the circumstances stipulated in Point c Clause 2 of this Decree; inter-regional marine areas; marine areas allocated to foreign investors and economic organizations with foreign investment for aquaculture."

2. The provincial People's Committee shall decide on the allocation of marine areas in the following cases, except for the cases stipulated in Clause 1 and Clause 3 of this Article.

a) Marine areas located within the range of six nautical miles from the mean low-water line of the mainland and islands as prescribed in Clause 3 of Article 3 of this Decree;

b) Marine areas for aquaculture located within the range of six nautical miles from the mean low-water line of the mainland and islands;

c) Marine areas located outside the range of six nautical miles from the mean low-water line of the mainland and islands as prescribed in Clause 3 of Article 3 of this Decree and within the administrative management range at sea of the provincial People's Committee for projects using marine areas decided by the provincial People's Committee to approve investment orientation, consent to investment orientation, and issue mining exploitation permits.

3. The district-level People's Committee shall decide on the allocation of marine areas to Vietnamese individuals for aquaculture as prescribed in Point a, Clause 2 of Article 44 of the Fisheries Law, within the range of three nautical miles from the mean low-water line of the mainland and islands.

The limit of allocating marine areas for aquaculture as prescribed in this clause shall not exceed five hectares.

4. The competent state agency that allocates a marine area has the authority to recognize; extend; amend, supplement the decision on allocating the marine area; permit its return; and recover the marine area.

The provincial People's Committee shall be responsible for sending decisions on allocating, recognizing, permitting the return of marine areas; extending, amending, and supplementing the Decision on Allocating Marine Areas; and recovering marine areas to the Ministry of Agriculture and Rural Development.

11. Supplement Clause 4 of Article 10 as follows:

“4. Organizations and individuals recognized with marine areas must fulfill financial obligations according to the land allocation decision, lease decision with coastal water surface, sea water surface up to the time they are recognized with marine areas. In cases where organizations and individuals recognized with marine areas have already fulfilled financial obligations according to the land allocation decision, lease decision with coastal water surface, sea water surface, then they must pay the cost of using the marine area for the remaining period.

For the case prescribed in Clause 1 of this Article which requires recognition of marine areas, when the competent authority issues a decision on allocating marine areas, the land allocation decision, lease decision with coastal water surface, sea water surface, and land use right certificate with coastal water surface, sea water surface (if any) will be revoked. Organizations and individuals shall perform their rights and obligations as prescribed in this Decree.”

12. Amend and supplement Point c, Point d, and add Point e of Clause 1 of Article 13 as follows:

a) Amend and supplement Point c and Point d of Clause 1 as follows:

“c) Organizations and individuals who have been allocated marine areas transfer investment projects linked to the use of marine areas (only allowed when the marine area has been developed according to the project); change investors with permission, approval, adjustment according to investment laws; split, merge, consolidate enterprises according to enterprise laws;

d) Change depth; height of permitted structures and equipment (if any); change the area of allocated marine areas due to adjustments in the mean low-water line; increase the area of marine area usage if approved or adjusted by the competent authority for exploitation and use of marine resources; change the area of allocated marine areas in cases where part of the marine area is recovered for national defense, security, public interest purposes according to laws;

b) Add Point e of Clause 1 as follows:

“e) Change the purpose of using part of the marine area in cases where environmental impact assessment is not required and the organization or individual allocated the marine area remains unchanged. The change in the purpose of using part of the marine area must be approved or adjusted by the competent authority for exploitation and use of marine resources and must comply with all other conditions and requirements under relevant laws related to marine area usage.”

13. Amend and supplement Clause 1 of Article 14 as follows:

“1. Organizations and individuals meeting the conditions for issuance, extension of Marine Disposal Permit; amendment, supplementation of Marine Disposal Permit in cases of changing boundaries, area of marine areas used for disposal shall simultaneously receive the Marine Disposal Permit and Decision on Allocation of Marine Areas from the competent state agency.

Organizations and individuals do not need to submit applications for allocation of marine areas, extension of the term of allocation of marine areas, amendment, and supplementation of the Decision on Allocation of Marine Areas. The competent state agency issuing, extending, amending, and supplementing the Marine Disposal Permit shall implement the examination and decision-making process for allocating marine areas, extending the term of allocation of marine areas, and amending, supplementing the Decision on Allocation of Marine Areas used for marine disposal within the procedure for examining and deciding on issuance, extension, amendment, and supplementation of the Marine Disposal Permit.”

14. Add Article 14a after Article 14 as follows:

“Article 14a. Allocation of Marine Areas for Scientific Research, Surveying, Monitoring, Investigation, Exploration, and Survey Activities at Sea

1. Scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea, except for those prescribed in Points c, d, đ, and e of Clause 1 of Article 6a of this Decree, must go through the procedure for allocating marine areas.

2. The term for allocating marine areas for scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea shall not exceed three years.”

3. The decision to allocate marine areas for conducting scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea shall not be amended, supplemented, or extended. After the allocated period expires, if organizations or individuals wish to continue such activities, they must follow the procedures stipulated in this Decree to request the allocation of new marine areas.

4. Documents for requesting the allocation of marine areas for conducting scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea include:

a) A request form for allocating marine areas for conducting scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea according to Form No. 01 issued together with this Decree;

b) A detailed description of the scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea according to Form No. 15 issued together with this Decree;

c) Legal documents proving the legal entity status in accordance with the laws of the country where the organization was established, if it is a foreign organization; legal documents proving full civil capacity in accordance with the laws of the country where the individual holds citizenship, if it is a foreign individual;

d) A schematic diagram of the marine area requested for conducting scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea, including the coordinates of corner points, area, depth, and height of the marine area requested for use.

5. The agency responsible for receiving and reviewing the documents; the procedure and process for handling requests to allocate marine areas; the method of accepting and delivering results of document processing; the content of reviewing documents for requesting the allocation of marine areas for conducting scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea shall be carried out in accordance with Articles 16, 25, and 26 of this Decree.

6. Content of reviewing documents for requesting the allocation of marine areas for conducting scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea includes:

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

b) Compatibility between the purpose and content of the scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea;

c) Compatibility of the proposed marine area with the planning specified in Clause 3, Article 5 of this Decree; in cases where there is no planning, it must ensure compatibility with the provisions set forth in Points a, b, and c of Clause 4, Article 5 of this Decree;

d) Conflicts and contradictions between the planned activities and lawful exploitation and utilization of marine resources, as well as scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea conducted by other organizations and individuals that have been granted permission to operate in the marine area by competent state agencies (if applicable);

đ) Environmental impacts and environmental protection measures when operating in the proposed marine area;

e) Impacts of the planned activities on national defense, security, maritime transportation; protection of sovereignty, sovereign rights, jurisdiction, and national interests at sea; access rights of citizens to the sea;

In cases where two or more organizations or individuals submit applications to conduct the same type of scientific research, surveying, monitoring, investigation, exploration, and survey activities in the same marine area, in addition to the review contents stipulated in this clause, the reviewing agency must evaluate and propose selecting organizations or individuals to allocate the marine area based on the factors specified in Clause 7 of this Decree.

7. During the processing time for applications from organizations and individuals to conduct scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea, in cases where two or more organizations or individuals submit applications to conduct the same type of scientific research, surveying, monitoring, investigation, exploration, and survey activities in the same marine area, the reviewing agency must evaluate and propose selecting organizations or individuals to allocate the marine area based on the following factors:

a) Financial capability, human resources, expertise, and experience of organizations and individuals in conducting scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea;

b) Implementation plans for conducting scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea;

c) Financial capability, human resources, expertise, and experience of organizations and individuals in projects and activities expected to be implemented after completing scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea;

d) Economic and social benefits of projects and activities expected to be implemented after completing scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea.

8. The decision to allocate marine areas for scientific research, surveying, monitoring, investigation, and survey activities at sea shall be made according to Form No. 06 issued together with this Decree.

9. Organizations and individuals, upon being granted marine areas by competent state agencies to conduct scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea, shall enjoy the following rights:

a) The rights stipulated in Points a, c, d, đ, and e of Clause 1, Article 7 of this Decree;

b) The right to publish and transfer information and results directly related to scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea to third parties after obtaining written consent from the competent state agency that has allocated the marine area.

10. Organizations and individuals, upon being granted marine areas by competent state agencies to conduct scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea, shall bear the following obligations:

a) The obligations stipulated in Clause 2, Article 7 of this Decree;

b) Within no later than 60 days from the end date of scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea, organizations and individuals must submit a comprehensive report on the results to the competent state agency that has allocated the marine area according to Form No. 13 issued together with this Decree.

Not later than ten days from the date when the competent state agency approves the investment project proposal using the marine area which has utilized the results from scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea, organizations and individuals must submit detailed results of the scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea, including original documents and detailed project reports on the use of the marine area to the Vietnam Marine Administration under the Ministry of Agriculture and Rural Development.

c) Within thirty days from the end date of the scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea, except in cases of force majeure as provided for by civil law, organizations and individuals must complete the dismantling of equipment and facilities that have been installed in the marine area.

11. During the implementation of scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea according to the decision allocating the marine area, organizations and individuals may not change the purpose of using the marine area.

During the implementation of scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea, if organizations and individuals adjust or change the allocated marine area's term, location, boundaries, area, or drilling and excavation coordinates, they must resubmit a new application file for the allocation of the marine area according to this Decree. In case other contents in the allocation decision are changed, organizations and individuals are permitted to implement such changes and must report in writing to the competent state agency that allocated the marine area before implementation.

12. State management agencies may use information, data, and research results from scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea conducted by organizations and individuals funded from non-state budget sources for state management purposes.

13. The recovery of the marine area and the termination of the decision to allocate the marine area for scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea shall be carried out in accordance with the provisions of Chapter III of this Decree.

15. Amend and supplement point c of Clause 1, add point đ of Clause 1 and point d of Clause 2 of Article 15 as follows:

a) Amend and supplement Point c Clause 1 as follows:

“c) A copy of one of the following documents: Decision approving the environmental impact assessment report, environmental permit, environmental registration, or equivalent documents to the decision approving the environmental impact assessment report as stipulated in Clause 2 of Article 171 of the Environmental Protection Law;"

b) Add point đ of Clause 1 as follows:

“đ) Detailed description of the marine area usage activity according to Model No. 14 issued together with this Decree."

c) Add point d of Clause 2 as follows:

"d) Map of the marine area proposed for allocation, showing the coordinates of the points of the marine area according to Model No. 05 issued together with this Decree."

16. Amend and supplement point b of Clause 1 of Article 16, point b of Clause 1 of Article 18, point b of Clause 1 of Article 20, point b of Clause 1 of Article 22, and point b of Clause 1 of Article 24 as follows:

"b) The agency receiving the file is responsible for checking the components and content of the file. If the file complies with regulations, within no more than one working day from the date of receipt of the file, the agency receiving the file will issue a receipt and schedule for handling the file according to Model No. 10 issued together with this Decree. If the file does not comply with regulations, within no more than three working days from the date of receipt of the file, the agency receiving the file is responsible for guiding once in writing to organizations and individuals to supplement and perfect the file. Within one working day from the date of receiving the file in compliance with regulations, the agency receiving the file will issue a receipt and schedule for handling the file according to Model No. 10 issued together with this Decree."

17. Amend and supplement points c, d, and add points đ, e, g, h, and point i of Clause 2 of Article 16 as follows:

"c) The Ministry of Agriculture and Rural Development is responsible for sending documents to seek opinions from the Ministry of National Defense, the Ministry of Public Security, and the People's Committee of the province where the marine area is located. Within no more than twenty days from the date of receipt of the document seeking opinions along with the complete file as prescribed, the agency sought for opinions must respond in writing. If there is no response within the above time limit, the Ministry of Agriculture and Rural Development will consider and decide on the allocation of the marine area; the agency sought for opinions will bear responsibility for related issues within its jurisdiction. The time taken to seek opinions is not included in the time for reviewing the file;

d) The People's Committee of the province is responsible for sending documents to seek opinions from the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Agriculture and Rural Development; the People's Committee of the district is responsible for sending documents to seek opinions from the provincial specialized agencies on agriculture and rural development, military agencies, and public security agencies. Within no more than twenty days from the date of receipt of the document seeking opinions along with the complete file as prescribed, the agency sought for opinions must respond in writing. If there is no response within the above time limit, the People's Committee of the province will consider and decide on the allocation of the marine area; the agency sought for opinions will bear responsibility for related issues within its jurisdiction. The time taken to seek opinions is not included in the time for reviewing the file;

đ) In cases where during the process of issuing permits for exploiting and using marine resources for organizations and individuals, the competent state agency has sought opinions from the agencies specified in points c and d of this clause regarding the location, boundaries, coordinates, and area of the marine area proposed for allocation, and the opinion documents of these agencies are attached to the file requesting the allocation of the marine area, then it is not necessary to carry out the procedure for seeking opinions as stipulated in points c and d of this clause;

In cases where Vietnamese organizations and individuals have already been granted Aquaculture Permits by the competent state agency in accordance with fisheries laws, it is not necessary to carry out the procedure for seeking opinions as stipulated in points c and d of this clause;

e) In case necessary, the authority reviewing the application may organize on-site inspections; the duration of such inspections shall not exceed 10 days, and the time spent on these inspections shall not be counted towards the review period.

g) If the application does not meet the conditions to be granted the marine area, the authority reviewing the application shall send information and clearly state the reasons to the authority receiving the application for issuance of a response document to the organization or individual.

h) If the application lacks sufficient information to make a decision on granting the marine area, the authority reviewing the application shall issue a request for the organization or individual to provide additional information and explain the unclear contents. The time taken by the organization or individual to submit additional information and explanations shall not be counted towards the review period. The organization or individual must submit the additional information and explanations to the authority reviewing the application within no more than 30 days from the date the request was sent; if this deadline is exceeded without receipt of the additional information and explanations, the authority reviewing the application shall send the information to the authority receiving the application for issuance of a response document to the organization or individual regarding the non-granting of the marine area.

i) If the application meets the conditions for consideration and granting of the marine area, the authority reviewing the application shall submit the application to the competent authority for granting the marine area.

18. Amend and supplement Clause 2 and Clause 3 of Article 17 as follows:

“2. The original lease contract for land or the decision on land allocation or lease with coastal water or sea water, or the certificate of land use rights with coastal water or sea water as stipulated in Clause 1 of Article 10 of this Decree; the original or certified copy or electronic copy of the document with certification allowing organizations and individuals to exploit and use marine resources issued by the competent state management agency as stipulated in Clause 2 of Article 10 of this Decree.

3. Report on the situation of using the marine area up to the date of submitting the application for recognition of the marine area according to Model No. 12 promulgated together with this Decree.”

19. Amend and supplement Point c of Clause 2 of Article 18, Point c of Clause 2 of Article 20, Point c of Clause 2 of Article 22, and Point c of Clause 2 of Article 24 as follows:

“c) In case necessary, the authority reviewing the application may organize on-site inspections, the duration of which shall not exceed 10 working days; send a document seeking opinions from relevant agencies. Within no more than 15 working days from the date of receiving the document seeking opinions along with complete files as prescribed, the agency whose opinion is sought shall be responsible for replying in writing. The time taken for seeking opinions and organizing on-site inspections shall not be counted towards the review period.”

20. Amend and supplement Clause 4 of Article 19 as follows:

“4. Report on the situation of using the marine area up to the date of submitting the application for extension according to Model No. 12 promulgated together with this Decree.”

21. Amend and supplement Clause 3 of Article 21 as follows:

“3. Report on the situation of using the marine area up to the date of submitting the application for returning the marine area according to Model No. 12 promulgated together with this Decree.”

22. Supplement Clause 4 of Article 27 as follows:

“4. After the result of the application review is obtained, if the application does not meet the conditions for issuing a decision on granting, recognizing, returning, extending, amending, or supplementing the Decision on granting the marine area as prescribed by this Decree, the competent state authority shall issue a notification of the application processing result to the organization or individual.”

23. Amend and supplement Point c of Clause 1 of Article 27 and Point d of Clause 1 of Article 27 as follows:

a) Amend and supplement Point c of Clause 1 of Article 27 as follows:

“c) The compatibility of the planned exploitation and use of marine resources with ensuring citizens' access to the sea in the proposed marine area;”

b) Amend and supplement Point d of Clause 1 of Article 27 as follows:

“d) The compatibility of the planned exploitation and use of marine resources with ensuring citizens' access to the sea in cases of extending the term of granting the marine area.”

24. Amend and supplement Point d of Clause 1 of Article 28 as follows:

“d) After 24 consecutive months from the effective date of the Decision on granting the marine area, if the organization or individual does not use part or all of the marine area for exploiting and using marine resources except in cases of force majeure as prescribed by civil law; fails to pay or pays insufficiently the amount due for using the marine area as prescribed and has been administratively penalized for this violation; transfers, mortgages, contributes capital, or leases the right to use the granted marine area in contravention of the law.”

25. Amend and supplement Clause 1, Clause 6, and supplement Clause 7a of Article 31 as follows:

a) Amend and supplement Clause 1 as follows:

“1. Maritime activities serving national and public interests and maritime infrastructure invested with state budget funds for national and public interests with a non-profit purpose.”

b) Amend and supplement Clause 6 as follows:

“6. Using the marine area to dispose of dredged materials from waters in front of ports, mooring areas, turning areas, anchorage areas, transshipment areas, storm shelters, pilot reception areas, quarantine areas, shipping channels, and other auxiliary works to serve public interests and other maritime infrastructure invested with state budget funds for public interests with a non-profit purpose.”

c) Supplement Clause 7a as follows:

“7a. Activities that do not require procedures for granting the marine area as prescribed in Clause 1 of Article 6a of this Decree; scientific research, surveying, monitoring, investigation, exploration, and survey activities at sea as prescribed in Article 14a of this Decree.”

26. Supplement Clause 4 of Article 32 as follows:

“4. The collection of fees for using the marine area shall be based on the purpose of using the marine area as stated in the permit for exploiting and using marine resources. If the permit for exploiting and using marine resources allows the use of the marine area for multiple purposes, the collection of fees for using the marine area shall be carried out separately for each corresponding activity purpose and area of the marine area granted.”

27. Amend and supplement Point b of Clause 3 and supplement Clause 7 of Article 35 as follows:

a) Amend and supplement Point b Clause 3 as follows:

"b) The deadline for paying the first time-use fee for the marine area: Not later than 30 days from the date the tax authority issues the Notice to pay the time-use fee for the marine area that must be paid, organizations and individuals responsible for paying the full amount of the time-use fee for the marine area due for the year. From the second year onwards, organizations and individuals may choose to pay the time-use fee for the marine area once or twice a year. In the case where organizations and individuals choose to pay the time-use fee for the marine area once a year, the payment deadline is before May 31 of the year;"

b) Supplement Clause 7 as follows:

"7. Determining the amount of the time-use fee for the marine area for certain other cases when being allocated a marine area"

a) In the case where the period of allocating the marine area does not complete a year, the amount of the time-use fee for the marine area for the incomplete year shall be determined by multiplying the area of the allocated marine area by the specific rate of the time-use fee for the marine area prescribed in Article 34 of this Decree at the time of calculation, divided by 12 (months), and then multiplied by the number of months for the period of allocation of the marine area that does not complete a year;

b) In the case where the period of allocating the marine area does not complete a month, the amount of the time-use fee for the marine area for the incomplete month shall be determined by multiplying the area of the allocated marine area by the specific rate of the time-use fee for the marine area prescribed in Article 34 of this Decree at the time of calculation, divided by 365 (days), and then multiplied by the number of days for the period of allocation of the marine area that does not complete a month;

c) In the case where organizations and individuals are granted an extension of the period of allocation of the marine area, the amount of the time-use fee for the marine area to be paid shall be determined according to the specific rate of the time-use fee for the marine area at the time of allocation of the marine area, multiplied by the area of the marine area, and reflected in the Decision on Allocation of the Marine Area.

In the case where organizations and individuals are granted an extension of the Submarine Disposal Permit and an extension of the period of allocation of the marine area for disposal, the amount of the time-use fee for the marine area for disposal to be paid shall be determined by multiplying the remaining volume of disposed materials, calculated in cubic meters, by the rate of the time-use fee for the marine area prescribed in Article 34 of this Decree at the time of calculation;

d) In the case where organizations and individuals use the marine area but have not been officially allocated the marine area by the competent authority and have been administratively penalized, with facilities and equipment permitted to continue operating in the marine area, and subsequently are officially allocated the marine area by the competent authority, the organizations and individuals must pay the time-use fee for the marine area from the day following the effective date of the administrative penalty decision of the competent state authority until the effective date of the Decision on Allocation of the Marine Area; the rate of the time-use fee for the marine area in this case is 7,500,000 VND/hectare/year, and the area of the marine area subject to the time-use fee for the marine area is the area recorded in the Decision on Allocation of the Marine Area. After being allocated the marine area, organizations and individuals must pay the time-use fee for the marine area in accordance with Article 34 of this Decree;

đ) In the case where organizations and individuals have used the marine area under the circumstances requiring the procedure of allocation of the marine area, recognition of the marine area, and payment of the time-use fee for the marine area as prescribed in Government Decree No. 51/2014/NĐ-CP dated May 21, 2014, concerning the allocation of certain marine areas to organizations and individuals for exploitation and utilization of marine resources, and as prescribed in this Decree, but have not been officially allocated the marine area by the competent authority, and subsequently are officially allocated the marine area by the competent authority, the organizations and individuals must pay the time-use fee for the marine area for the unpaid amount from July 15, 2014 (in the case of using the marine area before July 15, 2014) or from the start date of using the marine area (in the case of using the marine area after July 15, 2014) until the effective date of the Decision on Allocation of the Marine Area, excluding the amount of unpaid fees that were required to be paid according to the administrative penalty decision (if any) and the amount of surface water rental fees paid according to land laws (if any); the rate of the time-use fee for the marine area in this case is 7,500,000 VND/hectare/year, and the area of the marine area subject to the time-use fee for the marine area is the area recorded in the Decision on Allocation of the Marine Area. After being allocated the marine area, organizations and individuals must pay the time-use fee for the marine area in accordance with Article 34 of this Decree;

e) The determination of the amount of the time-use fee for the marine area prescribed in points a, b, c, and d of this clause serves as the basis for calculating the time-use fee for the marine area when the competent state management agency determines it, the time-use fee for the marine area in the case of extending, returning, or recovering the marine area."

28. Amend and supplement Clause 1 of Article 36 as follows:

"1. Notice to pay the time-use fee for the marine area

a) Within no more than 10 days from the date of receiving the Decision on Allocation of the Marine Area from the competent state authority, based on the amount of the time-use fee for the marine area recorded in the Decision on Allocation of the Marine Area, the Tax Department where the activity of using the marine area takes place shall issue the Notice to pay the time-use fee for the marine area to the organization or individual allocated the marine area;

b) In the case where the marine area has a scope covering two or more centrally governed cities with a sea coast, the Tax Department where the activity of using the marine area takes place shall issue the Notice to pay the time-use fee for the marine area corresponding to the portion of the area of the marine area within the scope of each centrally governed city with a sea coast;

c) By no later than April 30 each year, the tax authority shall issue the notice to pay for the following years to organizations and individuals to implement the payment of the time-use fee for the marine area in the case of paying the time-use fee for the marine area annually.

At least 30 days before the payment deadline for the time-use fee for the marine area, the tax authority shall issue the notice to pay for the next payment period to organizations and individuals to implement the payment of the time-use fee for the marine area in the case of paying the time-use fee for the marine area once every five years.

Payment of the time-use fee for the marine area for disposal shall be carried out in accordance with Clause 6 of Article 35 of this Decree."

29. Amend and supplement Clause 4 of Article 39 as follows:

"4. Determine, announce, review, and adjust the lowest average sea level shoreline of mainland areas and large islands belonging to island districts; the outer boundary of the three-nautical-mile maritime zone and the six-nautical-mile maritime zone as prescribed."

30. Amend and supplement Clause 1 of Article 42 as follows:

"1. The competent state agency shall, after issuing a permit for the exploitation and utilization of marine resources to organizations and individuals, be responsible for sending a copy of the permit for the exploitation and utilization of marine resources to the competent state agency managing the specified marine area as provided for in Article 8 of this Decree."

Article 3. Supplement, replace, and abolish certain provisions of Decree No. 40/2016/NĐ-CP dated May 15, 2016 of the Government detailing implementation of certain articles of the Law on Marine Resources, Environment, and Islands and Decree No. 11/2021/NĐ-CP dated February 10, 2021 of the Government on the allocation of certain marine areas for organizations and individuals to exploit and utilize marine resources.

1. Supplement, replace, and abolish certain provisions of Decree No. 40/2016/NĐ-CP dated May 15, 2016 of the Government detailing implementation of certain articles of the Law on Marine Resources, Environment, and Islands

a) Replace the phrase "the agency prescribed in Clause 1 of Article 55 of this Decree" at point a and point c of Clause 2, point a and point c of Clause 3 of Article 58, Clause 2 of Article 59 with the phrase "the agency prescribed in Clause 2 of Article 55 of this Decree"; replace the phrase "Vietnam Marine and Island Administration" with the phrase "Vietnam Marine and Island Bureau", and replace the phrase "Director of Vietnam Marine and Island Administration" with the phrase "Director of Vietnam Marine and Island Bureau" in Model Nos. 12 and 13 attached to Decree No. 40/2016/NĐ-CP dated May 15, 2016 of the Government detailing implementation of certain articles of the Law on Marine Resources, Environment, and Islands;

Replace the phrase "Ministry of Natural Resources and Environment" with the phrase "Ministry of Agriculture and Environment" in Clause 1, Clause 2 of Article 3; Article 4; Clause 3 of Article 5; Clause 1, Clause 3 of Article 6; Clause 1, Clause 3 of Article 7; Clause 1, Clause 2 of Article 14; Clause 4 of Article 15; point a of Clause 3 of Article 16; point b of Clause 2 of Article 17; Clause 1 of Article 23; Article 24; Article 25; Clause 1 of Article 26; Clause 2, point a of Clause 3 of Article 27; Article 28; Clause 2 of Article 29; Clause 1 of Article 30; Clause 1 of Article 31; Clause 3 of Article 34; Article 36; Article 42; Clause 1 of Article 46; Clause 1, Clause 2, point b, point c of Clause 4 and Clause 5 of Article 62; Clause 1, Clause 2, Clause 5, point a, point d of Clause 11 of Article 63; Clause 1, point a, point b, point c and point đ of Clause 2, Clause 9, Clause 10 of Article 64; Clause 1, point a, point b of Clause 2 of Article 65; Clause 1, point b, point d of Clause 2, point a, point b and point d of Clause 13 of Article 66; Clause 1, point a, point b and point c of Clause 2, point a, point c of Clause 3 of Article 67; Clause 1, Clause 2, Clause 4 of Article 68; Clause 1 of Article 71 and in Models Nos. 04, 05, 06, 07, 08, 12, 13 stipulated in the Appendix attached to Decree No. 40/2016/NĐ-CP dated May 15, 2016 of the Government detailing implementation of certain articles of the Law on Marine Resources, Environment, and Islands.

Replace the phrase "Department of Natural Resources and Environment" with the phrase "Department of Agriculture and Environment" in Clause 1 of Article 31; Clause 1, Clause 2 of Article 34; Clause 2 of Article 35; Article 38; Clause 2 of Article 39; point b of Clause 1 of Article 55 and in Models Nos. 12, 13 stipulated in the Appendix attached to Decree No. 40/2016/NĐ-CP dated May 15, 2016 of the Government detailing implementation of certain articles of the Law on Marine Resources, Environment, and Islands.

Replace the phrase "Ministry of Transport" with the phrase "Ministry of Construction" in Clause 4 of Article 63; Clause 6 of Article 64; Clause 4 of Article 66.

Replace the phrase "Ministry of Agriculture and Rural Development" with the phrase "Ministry of Agriculture and Environment" in Clause 3 of Article 63; Clause 3 of Article 64; Clause 3 of Article 66.

Replace the phrase "Ministry of Planning and Investment" with the phrase "Ministry of Finance" in Clause 5 of Article 63; Clause 9 of Article 64; Clause 6 of Article 66.

Abolish the phrase "Ministry of Planning and Investment" in Clause 1 of Article 25; Clause 2 of Article 28;

b) Abolish Article 9, Article 10, Article 11, and Article 12; abolish point d of Clause 1 and point đ of Clause 5 of Article 54;

c) Abolish Model No. 09 Map of the Marine Area Proposed for Submarine Disposal and Model No. 10 Map of the Marine Area Used for Submarine Disposal in the Appendix attached to Decree No. 40/2016/NĐ-CP dated May 15, 2016 of the Government detailing implementation of certain articles of the Law on Marine Resources, Environment, and Islands;

d) Amend and supplement Model No. 11 in the Appendix attached to Decree No. 40/2016/NĐ-CP dated May 15, 2016 of the Government detailing implementation of certain articles of the Law on Marine Resources, Environment, and Islands.

2. Supplement, replace, and abolish certain provisions of Decree No. 11/2021/NĐ-CP dated February 10, 2021 of the Government on the allocation of certain marine areas for organizations and individuals to exploit and utilize marine resources

a) Remove the phrase "Prime Minister" at point d of Clause 4 of Article 5, at the beginning of Clause 2 of Article 16, point a of Clause 1 and point a of Clause 2 of Article 25, Clause 3 of Article 30, point a of Clause 2 of Article 34; remove the phrase "or return part of the marine area" in Model No. 07; remove the phrase "reclaiming the sea," at point c of Clause 1 of Article 34; remove the phrase "installing submarine cables," at point d of Clause 1 of Article 34;

b) Replace the phrase "marine area diagram" with the phrase "marine area map" in Clause 2 of Article 2, point d of Clause 1 of Article 15, point c of Clause 3 of Article 15, Clause 4 of Article 17, Clause 4 of Article 21, Clause 1 of Article 37; replace the phrase "marine area diagram according to Model No. 09" with the phrase "marine area map according to Model No. 05" in Clause 3 of Article 10.

Replace the phrase "original" with the phrase "original or certified copy or electronic copy" in Clause 2 of Article 19, Clause 2 of Article 21, Clause 2 of Article 23.

Replace the phrase "bản sao" with the phrase "bản sao hoặc bản sao điện tử" in Article 15; replace the phrase "Tổng cục Biển và Hải đảo Việt Nam" with the phrase "Cục Biển và Hải đảo Việt Nam" in Point a Clause 2 Article 25; replace the phrase "Tổng cục trưởng Tổng cục Biển và Hải đảo Việt Nam" with the phrase "Cục trưởng Cục Biển và Hải đảo Việt Nam" in Model number 07 and Model number 08 attached to Decree No. 11/2021/NĐ-CP dated February 10, 2021, of the Government stipulating the transfer of certain marine areas to organizations and individuals for exploitation and utilization of marine resources.

Replace the phrase "Bộ Tài nguyên và Môi trường" with the phrase "Bộ Nông nghiệp và Môi trường" in: Clause 1, Clause 3 Article 3; Point d, đ Clause 4 Article 5; Clause 2 Article 16; Point a Clause 1, Point a Clause 2 Article 25; Clause 3 Article 30; Point a, c Clause 2 and Clause 4, Clause 5 Article 34; the title of Article 39; Clause 5 Article 40; Model number 02, Model number 03, Model number 04, Model number 07, Model number 08 issued together with Decree No. 11/2021/NĐ-CP dated February 10, 2021, of the Government stipulating the transfer of certain marine areas to organizations and individuals for exploitation and utilization of marine resources.

Replace the phrase "Sở Tài nguyên và Môi trường" with the phrase "Sở Nông nghiệp và Môi trường" in: Point a Clause 4 Article 5; Point b Clause 1, Point b Clause 2 Article 25 and Model number 07, Model number 08 issued together with Decree No. 11/2021/NĐ-CP dated February 10, 2021, of the Government stipulating the transfer of certain marine areas to organizations and individuals for exploitation and utilization of marine resources.

Replace the phrase "Sở Tài nguyên và Môi trường, Sở Nông nghiệp và Phát triển nông thôn" with the phrase "Sở Nông nghiệp và Môi trường" in Point e Clause 4 Article 5.

Replace the phrase "Phòng Tài nguyên và Môi trường" with the phrase "Phòng Nông nghiệp và Môi trường" in: Point c Clause 1, Point c Clause 2 Article 25; Clause 3 Article 41 and in Models number 07 and Model number 08 issued together with Decree No. 11/2021/NĐ-CP dated February 10, 2021, of the Government stipulating the transfer of certain marine areas to organizations and individuals for exploitation and utilization of marine resources.

c) Add the phrase "in the process of reviewing the application dossier" after the phrase "as specified in points a, b and c of this clause" in Points d, đ and e Clause 4 Article 5;

d) Amend and supplement Model number 01, Model number 05, Model number 06, Model number 10; add Model number 12 (Periodic Report on the Status of Marine Area Usage), Model number 13 (Report on the Results of Scientific Research/Surveying/Monitoring/Exploration/Investigation at Sea), Model number 14 (Explanation of Marine Area Usage Activities), Model number 15 (Explanation of Scientific Research/Surveying/Monitoring/Exploration/Investigation Activities at Sea) to the Appendix of Decree No. 11/2021/NĐ-CP dated February 10, 2021, of the Government stipulating the transfer of certain marine areas to organizations and individuals for exploitation and utilization of marine resources;

đ) Repeal Clause 4 Article 6, Clause 4 Article 9, Clause 8 Article 31, Clause 3 Article 41, Clause 2 Article 42;

e) Repeal Model number 09 (Diagram of Marine Areas Transferred to Organizations and Individuals) and Model number 11 (Notice Regarding Payment of Marine Area Usage Fees);

The Head of the Ministry’s Office, Heads of Departments, Director of the Vietnam Registration Agency, Heads of agencies, units, and individuals related to this Circular shall be responsible for its enforcement.

The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities, and Heads of related agencies shall be responsible for implementing this Decree.

Article 5. Implementation Provisions

1. This Decree takes effect from May 2, 2025.

2. Repeal Clause 2 Article 27a of Decree No. 162/2013/NĐ-CP dated November 12, 2013, of the Government stipulating administrative penalties in marine, island, and continental shelf areas of the Socialist Republic of Vietnam; amended and supplemented by Decree No. 37/2022/NĐ-CP dated June 6, 2022, of the Government amending and supplementing several articles of decrees stipulating administrative penalties in national defense, cryptographic communications, border management and protection; marine, island, and continental shelf areas of the Socialist Republic of Vietnam.

3. Transitional provisions for the regulations stipulated in Decree No. 40/2016/NĐ-CP dated May 15, 2016, of the Government detailing the implementation of certain articles of the Law on Marine Resources, Environment, and Islands and Decree No. 11/2021/NĐ-CP dated February 10, 2021, of the Government stipulating the transfer of certain marine areas to organizations and individuals for exploitation and utilization of marine resources.

In cases where the lowest mean sea level shoreline of islands has not been determined and announced by the competent authority according to the regulations, the lowest mean sea level shoreline at the time of land survey approved by the competent authority according to the law shall be used to determine the scope of marine areas and sea zones.

4. Transitional provisions for the regulations stipulated in Decree No. 11/2021/NĐ-CP dated February 10, 2021, of the Government stipulating the transfer of certain marine areas to organizations and individuals for exploitation and utilization of marine resources.

a) When the lowest mean sea level shoreline over many years, the outer boundary of the three-nautical-mile sea zone, and the six-nautical-mile sea zone are adjusted according to the regulations, organizations and individuals who have been granted marine areas by the competent state authority and wish to return the marine area; extend, amend, or supplement the Decision granting the marine area must determine the competent authority to handle the matter and the amount of marine area usage fees to be paid according to the adjusted and changed outer boundaries of the three-nautical-mile sea zone and the six-nautical-mile sea zone.

b) Provincial People's Committees with coastal areas shall review the lowest mean sea level shoreline over many years that have been published and determined, propose the Ministry of Agriculture and Environment to consider, adjust, supplement, and update the lowest mean sea level shoreline over many years for mainland areas and large islands belonging to island districts.

c) Pending the approval and issuance by competent state authorities of administrative management boundaries at sea, the determination of sea areas under the jurisdiction of provincial-level People's Committees and municipal-level People's Committees, and the determination of inter-provincial sea areas within the scope of two or more provinces with coastal areas shall be based on the minutes of the agreement on administrative management boundaries at sea between counties, provinces, and centrally-administered municipalities that have been implemented according to Decision No. 513/QĐ-TTg dated May 2, 2012 of the Prime Minister approving the project "Improving and Modernizing Territorial Boundary Maps and Databases"; in cases where the boundaries between provinces and centrally-administered municipalities with coastal areas have not yet been agreed upon uniformly, the adjacent sea area within the non-uniformly agreed-upon range shall be determined as an inter-provincial sea area; in cases where an investment project lies outside the six-nautical-mile maritime zone without the determination of the administrative management responsibility of the provincial-level People's Committee, the assignment of the sea area shall be within the authority of the Ministry of Agriculture and Rural Development.

d) Organizations and individuals whose applications for assignment, recognition, return of sea areas; extension, amendment, supplementation of decisions on assigning sea areas were accepted by competent state authorities before this Decree takes effect but have not yet received administrative procedure results shall continue to implement according to the procedures, formalities, and authorities prescribed in Decree No. 11/2021/NĐ-CP dated February 10, 2021 of the Government on the assignment of certain sea areas to organizations and individuals for exploitation and utilization of marine resources; other contents shall be implemented according to the provisions of Decree No. 11/2021/NĐ-CP dated February 10, 2021 of the Government on the assignment of certain sea areas to organizations and individuals for exploitation and utilization of marine resources and the contents amended and supplemented in this Decree.

đ) For activities using sea areas that do not require the implementation of the sea area assignment procedures stipulated in Article 6a of Decree No. 11/2021/NĐ-CP dated February 10, 2021 of the Government on the assignment of certain sea areas to organizations and individuals for exploitation and utilization of marine resources, in cases where organizations and individuals whose applications for assignment, recognition, return of sea areas; extension, amendment, supplementation of decisions on assigning sea areas were accepted by competent state authorities before this Decree takes effect but have not yet received administrative procedure results, the agency accepting the application shall issue a notification to return the dossier.

For activities using sea areas that do not require the implementation of the sea area assignment procedures stipulated in Article 6a of Decree No. 11/2021/NĐ-CP dated February 10, 2021 of the Government on the assignment of certain sea areas to organizations and individuals for exploitation and utilization of marine resources, in cases where organizations and individuals have been issued decisions on assigning sea areas by competent state authorities, they shall not be required to pay for the use of sea areas from the date this Decree takes effect.

e) Applications and proposals for scientific research, surveying, monitoring, investigation, exploration, and survey activities on the sea submitted by organizations and individuals to competent state authorities for approval prior to the effective date of this Decree but have not yet been approved by competent state authorities must be reviewed and completed again to be considered and assigned sea areas according to the provisions of this Decree.

 

ANNEX

AMENDED AND COMPLEMENTARY FORMS

(Attached to Decree No. 65/2025/NĐ-CP dated March 12, 2025 of the Government)

I. AMENDED AND COMPLEMENTARY FORMS ISSUED ACCOMPANYING DECREE NO. 40/2016/NĐ-CP DATED MAY 15, 2016 OF THE GOVERNMENT PROVIDING GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LAW ON MARINE RESOURCES AND ENVIRONMENT

 

Form No. 11

  

 

MARINE DISPOSAL PERMIT

MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT
(PROVINCIAL PEOPLE'S COMMITTEE, CITY PEOPLE'S COMMITTEE...)

On the basis of NOVEMBER 21, 2017; June 25, 2015;

Decree No. DECREE NO. 11/2021/NĐ-CP OF FEBRUARY 10, 2021 ISSUED BY THE GOVERNMENT ON THE ASSIGNMENT OF SPECIFIED MARINE AREAS TO ORGANIZATIONS AND INDIVIDUALS FOR EXPLOITATION AND USE OF MARINE RESOURCES. Law on Marine Resources and Environment;

Pursuant to Decree No. .../.../NĐ-CP dated ..., Month ..., Year ..., of the Government amending and supplementing some articles of Decree No. DECREE NO. 11/2021/NĐ-CP OF FEBRUARY 10, 2021 ISSUED BY THE GOVERNMENT ON THE ASSIGNMENT OF SPECIFIED MARINE AREAS TO ORGANIZATIONS AND INDIVIDUALS FOR EXPLOITATION AND USE OF MARINE RESOURCES. NOVEMBER 21, 2017; and Decree No. ARTICLE 1. AMENDING AND SUPPLEMENTING SOME PROVISIONS OF DECREE NO. 40/2016/NĐ-CP OF MAY 15, 2016 ISSUED BY THE GOVERNMENT GUIDING THE IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LAW ON MARINE RESOURCES, ENVIRONMENT, AND ISLANDS dated February 10, 2021 of the Government providing for the assignment of certain sea areas to organizations and individuals for exploitation and utilization of marine resources;

Pursuant to Decree No. .../.../NĐ-CP dated ..., Month ..., Year ..., of the Government providing for the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development (Pursuant to Law on Organization of People's Councils and People's Committees dated ..., Month ..., Year ...);

Based on…;

Considering the application and dossier for (issuance, extension, amendment, supplementation of Marine Disposal Permit) on ..., Month ..., Year ..., submitted by (name of organization, individual)... filed at...

At the proposal of the Director of the Vietnam Marine and Island Administration (Director of the Department of Agriculture and Rural Development of the province, city...).

DECISION:

Article 1. Permitting (name of organization, individual) to dispose of objects and substances in the sea as follows:

1. Name, volume, size, composition of objects and substances to be disposed of; name, type, volume, composition of objects and substances to be disposed of.

2. Location of disposal area:

3. The sea area used for disposal has an area of: ... (ha/m²), depth used is: ... (m), bounded by corner points ... with coordinates shown on the attached map of the sea area in this Decision.

4. Transport means, method of disposal: ...

5. Time and duration of disposal activity: ...

Article 2. (Name of organization, individual)... shall be responsible for:

1. Paying the fee for issuing the Marine Disposal Permit and related fees as prescribed by law.

2. Before carrying out disposal, the procedures for assigning sea areas as prescribed by law must be carried out.

3. Carrying out disposal in accordance with the types, volumes, sizes, compositions of objects and substances specified in Clause 1 of this Permit.

4. Register specialized means for transporting physical substances and sunken objects that have been equipped with voyage monitoring devices with the competent state management agency responsible for the marine area; record the entire process of sunken operations and maintain maritime logs to serve the inspection and supervision work of the competent state management agency and patrol forces on the sea.

5. Fulfill the obligations stipulated in Clause 2 of Article 61 of the Law on Marine Resources, Environment, and Islands. 5 ||| Law on Marine Resources, Environment, and Islands.

6……………………………………………………………………………………………………

Article 3.

1. This permit becomes effective from the date of issuance.

2. (Vietnam Marine and Island Administration, Environmental Pollution Control Department, Provincial/Municipal Department of Agriculture and Environment,...) shall organize the implementation of measures to monitor, inspect, and supervise the sunken activities of (Name of organization or individual) in accordance with this Permit and relevant laws.

3. (Name of organization or individual)... is only permitted to conduct sunken operations at sea after fully complying with relevant laws and regulations set forth in this Permit.

 

 

II. SAMPLES OF AMENDMENTS AND SUPPLEMENTS ISSUED TOGETHER WITH DECREE NO. 11/2021/NĐ-CP OF FEBRUARY 10, 2021, PROVIDING FOR THE ALLOCATION OF SPECIFIED MARINE AREAS TO ORGANIZATIONS AND INDIVIDUALS FOR EXPLOITATION AND USE OF MARINE RESOURCES

 

Form No. 01

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

APPLICATION FOR ALLOCATION/ACTION OF MARINE AREA

Respectfully submitted to: ...¹

Name of Organization/Individual ...

Address: ...

Telephone: …Fax: …

Establishment Decision No...., dated... month... year... or Business Registration Certificate No.... issued on... month... year... amended for the... time (if amended) on... month... year... or Business Registration No.... dated... month... year... (for organizations).

Date of Birth... ID number or citizen identification number... issued on... month... year... by... (if individual).

Request for allocation/acceptance of marine area usage activities in commune..., district..., province...

Purpose of usage/activity: (purpose/type of exploitation and use of marine resources)...

Area of marine area requested for use:...(ha/m²), depth of use:...m, from...m to…m; bounded by corner points with coordinates…; height of proposed structures/equipment above sea level...m shown on map/diagram of marine area.

Duration of requested marine area usage from…(month/year) to …. (month/year).

Form of payment for marine area usage... (annually/once for 05 years/once for the entire duration of marine area allocation) or request for exemption from payment for marine area usage (if applicable):…

(Name of organization/individual) ... commits to comply with all legal provisions regarding marine area usage and related laws.

 

^{_____________________________}

¹ Competent State Authority Allocating/Accepting/Approving Marine Area Usage Activities.

 

Form number 05

MAP OF MARINE AREA

To implement (purpose/type of exploitation and use of sea)…

 

 

Form number 06

 

Pursuant to …;

On the allocation of marine areas

MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT/
PROVINCE PEOPLE'S COMMITTEE/DISTRICT PEOPLE'S COMMITTEE...

On the basis of LAW ON MARINE RESOURCES, ENVIRONMENT, AND ISLANDS LAW ON AQUATIC RESOURCES

On the basis of Pursuant to the Cultural Heritage Law February 19, 2025;

Decree No. ARTICLE 1. AMENDING AND SUPPLEMENTING SOME PROVISIONS OF DECREE NO. 40/2016/NĐ-CP OF MAY 15, 2016 ISSUED BY THE GOVERNMENT GUIDING THE IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LAW ON MARINE RESOURCES, ENVIRONMENT, AND ISLANDS Pursuant to Decree No. 11/2021/NĐ-CP of February 10, 2021, issued by the Government, providing for the allocation of specific marine areas to organizations and individuals for exploitation and use of marine resources; Decree No. .../.../NĐ-CP of... month…year…issued by the Government amending and supplementing certain articles of Decree No. DECREE NO. 11/2021/NĐ-CP OF FEBRUARY 10, 2021 ISSUED BY THE GOVERNMENT ON THE ASSIGNMENT OF SPECIFIED MARINE AREAS TO ORGANIZATIONS AND INDIVIDUALS FOR EXPLOITATION AND USE OF MARINE RESOURCES. NOVEMBER 21, 2017; and Decree No. ARTICLE 1. AMENDING AND SUPPLEMENTING SOME PROVISIONS OF DECREE NO. 40/2016/NĐ-CP OF MAY 15, 2016 ISSUED BY THE GOVERNMENT GUIDING THE IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LAW ON MARINE RESOURCES, ENVIRONMENT, AND ISLANDS dated February 10, 2021 of the Government providing for the assignment of certain sea areas to organizations and individuals for exploitation and utilization of marine resources;

Based on the document... stipulating the functions, duties, authorities, and organizational structure of the Ministry of Agriculture and Rural Development…¹;

Based on the document granting permission for the exploitation and use of marine resources issued by the competent state management agency No.:. day.. month… year… concerning…; Considering the application and dossier submitted by (name of organization or individual)…on... month... year... to the Single Window for Administrative Procedures/Local Public Service Center (Ministry of Agriculture and Rural Development/Provincial Department of Agriculture and Rural Development/District Department of Agriculture and Rural Development...);

At the proposal of the Director of Vietnam Marine and Island Administration/Provincial Department of Agriculture and Rural Development…/District Department of Agriculture and Rural Development …

1. Allocate the right to use the marine area to: …(name of organization or individual allocated the marine area).

DECISION:

Article 1.

- Purpose of using the marine area: …

- The marine area allowed to be used has an area of:... (ha/m

- The permitted marine area has an area of: ... (ha/m)²), location, coordinates of the marine area, permitted depth:...m from…m to…m limited by…corner points; permitted height of structures and equipment above sea level: ……m (if applicable) shown on the map of the marine area attached hereto.

- Permitted means and equipment (if any); permitted drilling and excavation activities (if any).

- Term for allocation of the marine area from the date this Decision takes effect until the... day of... month of... year...

- Amount of payment for using the marine area: ……form of payment for using the marine area:…

- …(other contents if any)

2. Permitting return... (in case of permitting return part of the marine area).

- Permitting return of the marine area with an area of:... (ha/m²); location, coordinates of the returned marine area specified in the Appendix attached hereto.

- (Name of organization, individual)... is responsible for paying the fee for using the marine area for the area of ... ha/m² permitted to be returned up to the date this Decision takes effect.

Article 2. (Name of organization, individual)…is obligated:

1. To use the allocated marine area for the purpose, boundary, area, depth, height, and term stipulated in the Decision allocating the marine area; not to encroach upon or occupy the sea; not to violate the planning approved by competent state agencies.

2. Not to conduct activities affecting national defense, security, sovereignty, sovereign rights, jurisdiction, and national interests at sea; not to cause pollution or destruction of the marine environment and marine ecosystems; not to affect or obstruct maritime traffic activities; not to obstruct inspection, supervision, basic investigation, scientific research, survey, exploration, exploitation, utilization of marine resources, marine environment, and other lawful activities permitted by competent state agencies in Vietnam's territorial waters.

3. To protect the marine environment; to report annually on the situation of using the allocated marine area to the competent state agency allocating the marine area; not to provide information about the marine area contrary to the provisions of law.

4. To implement payment for using the marine area in accordance with the provisions of law; only allowed to use the marine area after fulfilling all financial obligations as prescribed.

5. Not to transfer, mortgage, contribute capital, or lease the right to use the allocated marine area (except in cases where organizations or individuals are allocated the marine area for aquaculture).

6. Not to exploit or utilize marine resources in the marine area without being allocated the marine area by competent state agencies.

7. To comply with the Decision on recovering the allocated marine area issued by competent state agencies.

8. Other obligations …

Article 3. The Director of the Vietnam Marine and Island Affairs Administration/The Director of the Provincial Department of Agriculture and Environment,.../The Head of the District Department of Agriculture and Environment, is responsible for inspecting, supervising, and monitoring the implementation of this Decision, ensuring the use of the marine area in accordance with Article 1 of this Decision and in accordance with relevant laws.

Responsibilities of related agencies and units...

Article 4.

1. This Decision takes effect from the date of signing.

2. The use of the marine area under this Decision, (name of organization, individual)... is only permitted to proceed after fully complying with relevant legal provisions and the provisions of this Decision.

3. This Decision replaces Decision number... dated... day of... month of... year... (in cases of amendment, supplementation, or permitting return of part of the marine area).

Article 5. The Head of the Ministry's Office, the Director of the Vietnam Marine and Island Affairs Administration/The Head of the Provincial People's Committee Office/The Director of the Provincial Department of Agriculture and Environment,.../The Head of the District Department of Agriculture and Environment, (name of organization, individual), and related agencies, organizations, and individuals are responsible for implementing this Decision.

 

 

____________________

¹ The bases for defining the functions, tasks, powers, and organizational structure of the agency deciding to allocate the marine area shall only record documents directly related to the agency issuing the Decision to allocate the marine area within its authority to allocate the marine area. Additional bases may be added as necessary, which are directly related to the issuance of the decision.

 

 

 

 

RECEIPT AND APPOINTMENT NOTICE FOR RESULTS

File code: …

One-stop Service Center/Public Service Receiving and Result Delivery Unit…..

Received file from: …

Address: …

Phone number: …Email: …

Content of request for resolution: …

Number of files submitted …(set) includes:

1………………………………………………………………………………………….

2…………………………………………………………………………………………

3…………………………………………………………………………………………

4…………………………………………………………………………………………

…………………………………………………………………………………………

Deadline for responding to the validity of the file: day... month ... year...

Deadline for delivering the result of the file resolution: day... month ... year...

(In case of extending the deadline due to professional amendments or supplements to the file or other reasons, the Office will send a notification to the organization or individual concerned).

* Please bring this Form when transacting with the next One-stop Office.

 

Note: In case the Electronic One-stop Information System has not been established, the Receipt and Appointment for Result Delivery will be made in two copies; one copy given to the organization or individual submitting the file in case of direct submission or submission through public postal service according to Decision No. 45/2016/QĐ-TTg; one copy transferred together with the Process Control Sheet and kept at the One-stop Service Center/Public Service Receiving and Result Delivery Unit.

 

Form No. 12

 

REPORT ON THE SITUATION OF USING THE MARINE AREA

Respectfully submitted to: ...

I. General Part

1. Name of organization, individual using the marine area: …

Decision on establishment number..., day ... month ... year ... or Business Registration Certificate, business registration number... issued on day... changed time... (if changed) day... or Business Registration number… day… month ... year (for organizations).

Date of birth..., ID card number or citizen identification number or personal identification number ... issued on... day... month... year ... by... (if individual)

2. Address: …Phone: …Fax: …

3. Legal representative (for organizations):

- Full name…

- Position…

- Year of birth …

- Nationality …

- Personal identification number, citizen identity card (ID card or Passport) number...; issued on...; issuing authority...

- Permanent address...

II. Situation of activities using the marine area from... month... year... to... month... year...

1. Decision on allocation of the marine area (first decision)

A. Information about the Decision on Allocation of the Marine Area (if applicable)

- Authority allocating the marine area...

- Purpose of use...

- Location, coordinates of the marine area used; area of the marine area used: ...(ha/m); height used...; depth used...²); height used...; depth used...

- Duration of allocation of the marine area: ...(months, years), including the period of use of the marine area already used ...(months, years).

- Amount of payment for use of the marine area... Method of payment for use of the marine area.

B. Activities using the sea

- Name of activity: ...

- Purpose of activity: ...

- Scale of activity: ...

- Total investment capital: ...

- Progress of activities up to the reporting date: ...

- Projects, activities using the sea in the allocated marine area (according to the attached appendix model).

- Compensation work and support for livelihood stabilization for individuals and organizations affected by the use of the sea (if applicable).

- Total amount of payment for use of the marine area according to the notification of the tax authority..., including: amount of payment for use of the marine area already paid... amount of payment for use of the marine area still owed... (if applicable).

C. Evaluation of the situation of use of the marine area

- Assessment of the suitability of the exploitation and use of marine resources in the allocated marine area with natural laws and the function of the marine area.

- Assessment of people's access to the sea during the process of using the marine area.

- Assessment of conflicts between the exploitation and use of marine resources in the allocated marine area and other exploitation and use of marine resources in the area. Impact of marine use activities on other activities in the area.

- Environmental monitoring results in the allocated marine area. Implementation of environmental protection measures during the exploitation and use of marine resources and related issues.

- Economic and social effectiveness of the use of the marine area.

2. Decision on allocation of the second marine area (if applicable)

(Content of the report as stated in Section 1 above).

3. Situation of use of the marine area according to permits for exploitation and use of marine resources or coastal land (if applicable)

(Content of the report as stated in Section 1 above).

III. Advantages, difficulties, proposals, recommendations

………………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

 

 

ANNEX

STATISTICAL TABLE OF PROJECTS AND ACTIVITIES USING THE SEA IN THE ALLOCATED MARINE AREA

 

Model Number 13

 

REPORT ON OVERALL RESULTS OF RESEARCH ACTIVITIES
SCIENCE/SURVEY/MONITORING/INVESTIGATION/EXPLORATION/
SURVEY ON THE SEA

Respectfully submitted to: Ministry of Agriculture and Rural Development/Provincial People's Committee...
(authority that allocated the marine area)

1. Name of project/plan/activity of scientific research/survey/monitoring/investigation/exploration/survey on the sea:

- Summary of activity objectives:

- Summary of main contents and tasks of the activity:

2. Decision on allocation of the marine area (number, day, month, year):

3. Results of research activities, scientific research/survey/monitoring/investigation/exploration/survey on the sea:

- Description of activities carried out (Specify sampling location, sampling method, types of samples):

- Raw data:

- Processed data:

- Data analysis:

- Products and results obtained from the scientific research/survey/monitoring/investigation/exploration/survey on the sea activities:

4. Overall assessment of the implementation of scientific research/survey/monitoring/investigation/exploration/survey on the sea activities (specify the percentage of work completed):

5. Project, activities planned to be implemented after completing the scientific research, survey, monitoring, investigation, exploration, survey on the sea.

6. Attached documents and images showing the research schedule, sampling locations...

 

 

Model No. 14

ORGANIZATION/INDIVIDUAL PROPOSING ALLOCATION OF THE MARINE AREA

 

 

 

 

STATEMENT OF ACTIVITIES USING THE ALLOCATED MARINE AREA

(Proposing allocation of the marine area for...)

 

 

 

 

 

Place name, year...

 

A. INTRODUCTION

- Brief introduction of information of the organization/individual proposing allocation of the marine area; including financial capacity, human resources, expertise, experience in implementing activities related to the purpose of using the marine area.

- Legal basis and documents used as grounds for proposing allocation of the marine area.

- Objectives and necessity of proposing allocation of the marine area.

- Overview of projects related to the use of the marine area.

- Summary of the basic content of the proposal to allocate the marine area.

I. Natural conditions, environment, economy, society of the proposed marine area

1. General information about the location of the proposed marine area; information about natural conditions, environment and economic, social factors.

2. Current status of activities exploiting and using marine resources in the surrounding sea areas where the proposed marine area is located and related areas.

II. Plan for using the marine area

1. Administrative geographical location; coordinates, boundaries, area of the proposed marine area. Explanation of the basis and grounds for calculating and determining the scope of the proposed marine area to be used; safety corridors for facilities and equipment (if any) in accordance with the provisions of the law and specialized regulations; height and depth of the proposed marine area to be used.

2. Need to use the marine area to implement activities exploiting and using marine resources by organizations and individuals.

3. Permits for exploiting and using marine resources issued by competent state authorities to organizations and individuals in accordance with the law. Related plans concerning the use of the marine area, the location of the proposed marine area; ensuring requirements in cases where there are no such plans as prescribed.

4. Purpose and duration of proposed use of the marine area.

5. Activities planned to be implemented in the proposed marine area.

- Explanation of activities planned to be implemented in the proposed marine area; impact range of the proposed marine area use activities on surrounding activities;

- Methods, technologies to be implemented; equipment and devices to be used and installed (specify technical specifications) and the height of such equipment and devices (if applicable); explosives and chemicals expected to be used (if applicable); drilling and excavation activities, locations, coordinates, depths, quantities of drilling and excavation (if applicable).

6. Plan and progress schedule for implementing activities using the marine area.

III. Map of the Marine Area

1. Description of the mathematical basis of the map of the marine area.

2. Description of the method of drawing the map of the marine area; technical issues when implementing the drawing; legal basis and documents used for drawing the map.

3. Unit responsible for drawing the map of the marine area, including documents confirming eligibility for surveying and mapping activities.

4. Technical inspection work and other related matters.

IV. Environmental Impact Assessment of Activities Using the Marine Area

1. Evaluation and explanation of the activities using the marine area in ensuring compliance with natural laws and the functional use of the marine area under an integrated marine resource management approach based on an ecosystem approach; meeting requirements for reasonable, economical, and efficient exploitation and utilization of resources, environmental protection, conservation of nature and marine biodiversity, climate change response, and rising sea levels.

2. Evaluation of impacts and effects of using the marine area on ensuring the interests of organizations and individuals legally conducting marine resource exploitation and utilization activities in the relevant sea areas; ensuring public access to the sea.

3. Evaluation of impacts and effects of using the marine area on ongoing legitimate basic surveys, scientific research, exploration, resource exploitation and utilization, marine and island environmental protection activities in the area; impacts and effects on port facilities and shipping lanes, vessel navigation, oil and gas facilities, submarine cables, and power cables in the area; impacts and effects on aquaculture and fishery resource exploitation and protection activities in the area; impacts and effects on marine and island resources and ecosystems in the area; impacts and effects on seabed topography and coastal erosion and accretion.

4. Explanation of adjustments and supplements to the content of activities using the marine area and the environmental impact assessment report to align with the environmental protection content and requirements stated in the decision approving the environmental impact assessment results; implementation of all contents in the decision approving the environmental impact assessment results.

5. Economic and social benefits of activities using the marine area.

B. CONCLUSIONS AND RECOMMENDATIONS

I. Conclusions

II. Recommendations

C. ATTACHED DOCUMENTS

List of relevant documents.

 

Model Number 15

 

STATEMENT OF SCIENTIFIC RESEARCH/
SURVEYING/MONITORING/INVESTIGATION/EXPLORATION/SURVEY ON THE SEA

1. General information about the organization or individual requesting allocation of the marine area; general information about the organization or individual (contractor, consultant, etc.) directly implementing scientific research/surveying/monitoring/investigation/exploration/survey activities on the sea, including financial capacity, human resources, expertise, and experience in related activities.

2. Purpose and duration requested for using the marine area to implement scientific research/surveying/monitoring/investigation/exploration/survey activities on the sea.

3. Location, coordinates, boundaries, area, depth of the marine area proposed for implementing scientific research/surveying/monitoring/investigation/exploration/survey activities on the sea (details for each item). General information on natural, economic, and social conditions; current status of resource exploitation and utilization in the proposed marine area and surrounding areas.

4. Implementation plan for scientific research/surveying/monitoring/investigation/exploration/survey activities on the sea (including duration and detailed schedule for each item).

5. Methods, technologies to be implemented; equipment and devices to be used and installed (specify technical specifications) and the height of such equipment and devices (if applicable); explosives and chemicals expected to be used (if applicable).

6. Detailed description of geophysical and geotechnical survey activities; location, quantity, sampling methods, types of samples taken (if applicable); location, coordinates, depth, quantity of drilling and excavation (if applicable); detailed technical deployment plan for drilling operations, well abandonment plan, environmental impact, and post-drilling environmental recovery.

7. Environmental impacts and environmental protection measures during the implementation of scientific research/surveying/monitoring/investigation/exploration/survey activities on the proposed marine area.

8. Expected information and data collected; methods of collecting, storing, and communicating information and data; use of collected information and data.

9. Proposed projects and activities, area of the marine area to be used; economic and social benefits of the proposed projects and activities after completing scientific research, surveying, monitoring, investigation, exploration, and survey activities on the sea.