Can foreign organizations and individuals conduct scientific research activities in Vietnamese waters?
- Can foreign organizations and individuals conduct scientific research activities in Vietnamese waters?
- What are the conditions for issuance of permits for scientific research in Vietnamese waters applicable to foreign organizations and individuals?
- What is included in the application for permits for scientific research in Vietnamese waters applicable to foreign organizations or individuals? How and when to submit the application?
Can foreign organizations and individuals conduct scientific research activities in Vietnamese waters?
Pursuant to the provisions of Article 17 of the 2015 Law on natural resources and environment of sea and islands in Vietnam as follows:
Activities of scientific research on natural resources and environment
1. Activities of scientific research on natural resources and environment shall be carried out through science and technology tasks for natural resources and environment as prescribed hereof and the Law on Science and Technology.
2. The State shall prioritize investment in science and technology tasks for natural resources and environment through national-level science and technology programs for natural resources and environment.
3. Activities of scientific research conducted by foreign organizations and individuals within Vietnamese waters must meet conditions and must be permitted by the Laws of Vietnam.
According to the above provisions, foreign organizations and individuals are allowed to conduct scientific research activities in Vietnamese waters but must meet conditions and must be permitted by the Laws of Vietnam.
Can foreign organizations and individuals conduct scientific research activities in Vietnamese waters?
What are the conditions for issuance of permits for scientific research in Vietnamese waters applicable to foreign organizations and individuals?
Pursuant to the provisions of Clause 1, Article 19 of the 2015 Law on natural resources and environment of sea and islands in Vietnam stipulating the conditions for issuance of permits for scientific research in Vietnamese waters to foreign organizations and individuals as follows:
- Organizations with legal status according to the laws of the country where such organizations are established; international organizations as inter-governmental organizations; individuals fully capable of civil acts according to the laws of the country of which such individuals are nationals;
- Have demands for independent scientific research or cooperation in scientific research with Vietnam; in case scientific research takes place within the territorial waters of Vietnam, cooperation with Vietnam is required at the request of Vietnam;
- Activities of scientific research for peaceful purpose without causing harm to national sovereignty and National defense and security, pollution to sea environment and obstructions to legal activities of organizations and individuals within Vietnam’s territorial waters;
- Have application for permit as prescribed;
What is included in the application for permits for scientific research in Vietnamese waters applicable to foreign organizations or individuals? How and when to submit the application?
Pursuant to the provisions of Clause 1, Article 8 of Decree 41/2016/ND-CP, an application for permits for scientific research in Vietnamese waters applicable to foreign organizations or individuals includes:
- A filled-in form of application for authorization of science research activities.
- Written evidences of the legal personality of the applying organization according to the law of the nation where it is established; or written evidences of the full legal capacity of the applying individual according to regulations of the country where that person holds nationality;
- The written presentation of the science research cooperation between the foreign entity and Vietnamese entity if the former cooperates with the latter in science research activities in the marine water planned;
- The plan or scheme of science research activities to be performed in the marine water planned.
At the same time, according to the provisions of Article 9 of Decree 41/2016/ND-CP stipulating as follows:
Method and time of application
1. Method of application:
a) Foreign entities shall send the application for permits for scientific research to the Ministry of Natural resources and Environment through diplomatic channels. Intergovernmental organizations shall send the application to the Ministry of Natural resources and Environment directly or through diplomatic channels. Foreign entities from nations that have not established a diplomatic relation with Vietnam shall send the application to the Ministry of Natural resources and Environment directly;
b) Foreign entities shall send the application for amendment, extension or re-issuance of the permits for scientific research directly to the Ministry of Natural resources and Environment.
2. Time of application:
a) An application for issuance of permits for scientific research must be delivered, in its entirety as regulated, to the Ministry of Natural resources and Environment at least 6 months prior to the planned date that the science research commences;
b) An application for amendment or extension of permits for scientific research must be delivered to the Ministry of Natural resources and Environment at least 90 days prior to the expiry date of the authorization decision.
Thus, the method and time for sending the application for permits for scientific research in Vietnamese waters by foreign organizations and individuals is as follows:
Method of application:
- Foreign entities shall send the application for permits for scientific research to the Ministry of Natural resources and Environment through diplomatic channels. Intergovernmental organizations shall send the application to the Ministry of Natural resources and Environment directly or through diplomatic channels.
Foreign entities from nations that have not established a diplomatic relation with Vietnam shall send the application to the Ministry of Natural resources and Environment directly;
Time of application:
- An application for issuance of permits for scientific research must be delivered, in its entirety as regulated, to the Ministry of Natural resources and Environment at least 6 months prior to the planned date that the science research commences;
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