When to suspend decisions on the authorization of foreign organizations and individuals to conduct science research in the marine waters of Vietnam?
- When to suspend decisions on the authorization of foreign organizations and individuals to conduct science research in the marine waters of Vietnam?
- What are the procedures for suspension of decisions on the authorization of foreign organizations and individuals to conduct science research in the marine waters of Vietnam?
- What are the procedures for resumption of science research activities suspended?
When to suspend decisions on the authorization of foreign organizations and individuals to conduct science research in the marine waters of Vietnam?
Pursuant to the provisions of Clause 1, Article 21 of Decree No. 41/2016/ND-CP stipulating cases of suspension of decisions on the authorization of foreign organizations and individuals to conduct science research in the marine waters of Vietnam, including:
- The foreign entity or related entities do not conform to the authorization decision with respect to the contents, location or marine coordinates of the research, research methodology and equipment or research schedule;
- The activities impinge on other ongoing authorized fundamental investigations, scientific studies and activities of surveying and extracting marine resources in the marine waters of Vietnam;
- Science research activities cause severe damage to natural resources or pollute and corrupt the environment and ecosystem of the sea and islands;
- Weapon, explosive materials, toxic chemicals, equipment and instruments potentially hazardous to human being, natural resources and marine environment, except explosive materials and toxic chemicals permitted by competent authorities for use in science research activities, are carried into the marine waters of Vietnam;
- Science research activities are carried out after the expiration of the non-extended authorization decision;
- Essential working conditions, including the pay for scientists assigned by Vietnam's competent governmental authorities to the research, are not maintained;
- Legal regulations on environment protection, maritime and other matters of Vietnam and relevant international regulations are violated.
When to suspend decisions on the authorization of foreign organizations and individuals to conduct science research in the marine waters of Vietnam?
What are the procedures for suspension of decisions on the authorization of foreign organizations and individuals to conduct science research in the marine waters of Vietnam?
Pursuant to Clause 2, Article 21 of Decree No. 41/2016/ND-CP, suspension of decisions on the authorization of foreign organizations and individuals to conduct science research in the marine waters of Vietnam shall be carried out in the following order:
- Maritime patrol and control units, when exposing or being informed of foreign entities’ violations(s) as stated in Clause 1, Article 21 of Decree No. 41/2016/ND-CP, shall make written report(s) and decisions to remedy the affairs intra vires according to the laws on settlement of administrative violations. Moreover, documents on the violation(s) shall be sent to the Ministry of Natural resources and Environment.
Vietnamese scientists participating in the research or other entities, when exposing violation(s) as stated in Clause 1, Article 21 of Decree No. 41/2016/ND-CP, must promptly report to maritime patrol and control units or to the Ministry of Natural resources and Environment;
- In 10 days upon receiving the information on foreign entities’ violations as stated in Clause 1, Article 21 of Decree No. 41/2016/ND-CP, the Minister of Natural resources and Environment shall consider information and decide to or not to suspend the science research permit granted to the foreign entity. A decision on suspension is made as per Form No. 07 attached to this Decree;
- In at most 01 working day upon the issuance of a decision on suspension, the Ministry of Natural resources and Environment shall be responsible for sending such decision to the foreign entity and relevant authorities and organizations.
A decision on suspension shall be delivered by hand to the foreign entity and simultaneously be sent via means of maritime communications.
What are the procedures for resumption of science research activities suspended?
Pursuant to the provisions of Clause 5, Article 21 of Decree No. 41/2016/ND-CP as follows:
Suspension of decisions on authorization of science research activities
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5. The resumption of science research activities suspended shall progress as follows:
a) The foreign entity applies in writing to the Ministry of Natural resources and Environment for resuming science research activities. Its application must specify the result of its actions as per point a and b, section 4 of this Article.
b) Ministry of Natural resources and Environment cooperates with relevant agencies to inspect the actions that the foreign entity has taken as per point a and b, section 4 of this Article;
c) If the foreign entity fulfills the requirements in point a and b, section 4 of this Article, the Minister of Natural resources and Environment, in at most 05 working days, shall issue a written authorization that enables the foreign entity to resume its science research activities in the marine waters of Vietnam;
d) The foreign entity, whose research is suspended as per point dd, section 1 of this Article, shall apply in writing to competent governmental authorities for authorization of science research activities. Therefore, the foreign entity shall only resume its science research activities upon the competent governmental authorities’ issuance of a new authorization decision.
According to the above provisions, the resumption of science research activities suspended shall progress as follows:
- The foreign entity applies in writing to the Ministry of Natural resources and Environment for resuming science research activities. Its application must specify the result of its actions as follows:
(1) It has terminated violations and accomplished all demands as stated in the decision on suspension of the authorization decision;
(2) It has made amends and remediated the environment, if causing damage to other entities or the environment;
- Ministry of Natural resources and Environment cooperates with relevant agencies to inspect the actions that the foreign entity has taken as per (1) (2);
- If the foreign entity fulfills the requirements in (1) (2), the Minister of Natural resources and Environment, in at most 05 working days, shall issue a written authorization that enables the foreign entity to resume its science research activities in the marine waters of Vietnam;
- The foreign entity, whose research is suspended as per point dd, Clause 1, Article 21 of Decree No. 41/2016/ND-CP, shall apply in writing to competent governmental authorities for authorization of science research activities. Therefore, the foreign entity shall only resume its science research activities upon the competent governmental authorities’ issuance of a new authorization decision.
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