Vietnam: What is the current application form for extension of sea area assignment duration? What does the application for extension of sea area assignment duration include?
What is the current application form for extension of sea area assignment duration in Vietnam?
The current application form for extension of sea area assignment duration in Vietnam Form No. 02 issued together with Decree 11/2021/ND-CP as follows:
Download the current application form for extension of sea area assignment duration in Vietnam: here
What does the application for extension of sea area assignment duration in Vietnam include?
Pursuant to Article 19 of Decree 11/2021/ND-CP, the application for extension of sea area assignment duration in Vietnam includes:
- An application form for extension of assignment duration, which is made using Form No. 02 enclosed with Decree 11/2021/ND-CP.
- An original of the issued decision on sea area assignment.
- A copy of the extended or unexpired written permission for extraction and use of marine resources granted by the competent authority.
- A report on the use of the sea area, environmental protection and fulfillment of financial obligations by the organization or individual by the time of application.
What are the procedures for appraising applications for extension of sea area assignment duration in Vietnam?
Pursuant to Clause 2, Article 20 of Decree 11/2021/ND-CP as follows:
Procedures for processing the application for extension of assignment duration
1. Receipt of the application:
a) The applicant shall submit 01 application as prescribed in Article 19 hereof to the receiving authority prescribed in Article 25 hereof, the receiving authority shall prepare an appointment note according to the Form No. 10 enclosed herewith;
b) Within 03 working days from the receipt of the application, the receiving authority shall inspect it. If the application is not satisfactory, the receiving shall instruct the applicant in writing to complete it;
c) After receiving a satisfactory application, the receiving authority shall transfer it to the appraising authority.
2. Appraisal of the application:
Within 30 working days from the receipt of the sufficient application, the appraising authority shall:
a) complete the appraisal according to Clause 2 Article 27 of this Decree. The appraisal result shall be documented;
b) determine the sea area usage fees and other obligations that must be fulfilled by the applicant;
c) Where necessary, the appraising authority shall request a competent authority to decide to establish an Appraisal Council; send a written request for opinions to relevant authorities; carry out a site inspection (the site inspection shall be conducted within 10 working days). Within 15 working days from the receipt of the written request for opinions, the authority whose opinions are sought shall give a written response. The period of opinion collection and site inspection shall not be included in the appraisal time.
3. Submission and processing of the application:
a) Within 03 working days from the end of the appraisal, the appraising authority shall submit the application to the authority that has the power to extend assignment duration;
b) Within 05 working days from the date on which the appraising authority submits the application, the authority that has the power to extend assignment duration shall consider issuing a decision on sea area assignment. In case of rejection of the application, a written explanation shall be provided.
4. Notification and return of application processing result:
Within 02 working days from the receipt the result, the receiving authority shall:
a) notify the applicant so that such applicant can receive result and fulfill related obligations as prescribed;
b) send the decision on sea area assignment to the Department of Taxation of the province where the sea area is available to issue a notice of payment of sea area usage fees.
Thus, the appraisal of applications for extension of sea area assignment duration in Vietnam shall be carried out as follows:
Within 30 working days from the receipt of the sufficient application, the appraising authority shall:
- complete the appraisal according to Clause 2 Article 27 of Decree 11/2021/ND-CP. The appraisal result shall be documented;
- determine the sea area usage fees and other obligations that must be fulfilled by the applicant;
- Where necessary, the appraising authority shall request a competent authority to decide to establish an Appraisal Council; send a written request for opinions to relevant authorities; carry out a site inspection (the site inspection shall be conducted within 10 working days).
Within 15 working days from the receipt of the written request for opinions, the authority whose opinions are sought shall give a written response. The period of opinion collection and site inspection shall not be included in the appraisal time.
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