What are regulations on reissuance and revocation of mariculture licenses in Vietnam?

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Question date: 01/12/2023

What are regulations on reissuance and revocation of mariculture licenses in Vietnam? What is zoning for fishing activities in Vietnam? What are procedures for issuing a mariculture license in Vietnam to foreign investors?

    • What are regulations on reissuance and revocation of mariculture licenses in Vietnam?

      Hello, I am researching the regulations on mariculture licenses. Could you please tell me according to current regulations, What are regulations on reissuance and revocation of mariculture licenses in Vietnam? Please help me answer.

      Answer: According to the provisions of Clause 3 and Clause 4, Article 37 of Decree 26/2019/ND-CP:

      3. Procedures for issuing a mariculture license:

      a) The applicant shall submit an application to the competent authority specified in Clause 1 of this Article;

      b) Within 45 days from the receipt of the satisfactory application, the competent authority shall appraise the application, consult the environment authority and relevant unit and consider issuing the mariculture license according to the Form No. 31.NT in the Appendix III hereof if all regulations are complied with. In case of rejection of the application, a response and explanation shall be provided in writing.

      4. The mariculture license shall be re-issued in case it is lost or damaged or its contents are revised:

      a) The applicant shall submit an application form for re-issuance of the license according to the Form No. 29.NT in the Appendix III hereof to the competent authority specified in Clause 1 of this Article;

      b) Within 15 days from the receipt of the application, the competent authority shall consider re-issuing the license. In case of rejection of the application form, a response and explanation shall be provided in writing;

      Above are regulations on dossiers and procedures for issuing mariculture licenses in Vietnam.

      What are regulations on reissuance and revocation of mariculture licenses in Vietnam? (Image from the Internet)

      What is zoning for fishing activities in Vietnam?

      Hello, I am researching the regulations on fisheries law. Could you please tell me what are regulations on zoning for fishing activities in Vietnam? Please help me answer.

      Answer : According to the provisions of Article 42 of Decree 26/2019/ND-CP, zoning for fishing activities is as follows:

      Clause 1 Article 48 of the Law on Fisheries shall be elaborated as follows:

      1. Vietnam’s waters shall be divided into 3 fishing zones as follows:

      a) Coastal zone, which is delimited by the waterline along the coast and coastal route. Regarding an island, coast zone is the waters extending up to 06 nautical miles from the average line of tide in multiple years around the coast of the island;

      b) Inshore zone, which is delimited by the coastal route and inshore route;

      c) Offshore zone, which is delimited by the inshore route and outer boundary of the exclusive economic zone of Vietnam's waters.

      2. People’s Committees of the two adjacent coastal provinces shall, according to geographical characteristics of the coastal waters, reach an agreement on delimitation and announcement of boundary of coastal fishing zone between the two provinces.

      Above are the regulations on zoning for fishing activities in Vietnam.

      What are procedures for issuing a mariculture license in Vietnam to foreign investors?

      I am learning about the regulations on mariculture licenses. Could you please tell me according to current regulations, what is the procedure for licensing marine aquaculture for foreign investors? Please help me answer.

      Answer: According to the provisions of Clause 3, Article 38 of Decree 26/2019/ND-CP, the procedures for issuing a mariculture license in Vietnam to foreign investors:

      3. Procedures for issuing a mariculture license:

      a) The applicant shall submit an application for issuance of mariculture license to the Directorate of Fisheries;

      b) Within 90 days from the receipt of the satisfactory application, the Directorate of Fisheries shall appraise the application and consult the Ministry of Agriculture and Rural Development about seeking opinions from the local authority of the area where the waters exists, Vietnam Fisheries Society, Vietnam Seaculture Association, Ministry of National Defense, Ministry of Foreign Affairs, Ministry of Public Security, Ministry of Planning and Investment, Ministry of Natural Resources and Environment, Ministry of Industry and Trade, Ministry of Culture, Sports and Tourism and Ministry of Transport. Where necessary, the Directorate of Fisheries shall carry out site inspection or survey of the marine aquaculture site specified in the mariculture license applied for;

      c) After collection of opinions from ministries, local authorities and relevant units: if those are concurring opinions, within 05 working days, the Directorate of Fisheries shall consult the Minister of Agriculture and Rural Development about issuing the mariculture license according to the Form No. 31.NT in the Appendix III hereof. If there is at least 01 dissenting opinion, the Ministry of Agriculture and Rural Development shall notify the Prime Ministry for instructions. After receiving instructions from the Prime Minister, the Directorate of Fisheries shall consult the Minister of Agriculture and Rural Development about issuing the mariculture license according to the Form No. 31.NT in the Appendix III hereof. In case of rejection of the application, a response and explanation shall be provided in writing.

      Above are the regulations on procedures for issuing a mariculture license in Vietnam to foreign investors.

      Best regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

    LEGAL BASIS OF THIS SITUATION
    • Decree 26/2019/ND-CP Download
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