Can households extend the sea area assignment duration in Vietnam?

Can households extend the sea area assignment duration in Vietnam?

Pursuant to Article 6 of Decree 11/2021/ND-CP stipulating duration of assignment and recognition of sea areas is as follows:

1. Time limit for using a sea area:

a) Except for the case in Point b of this Clause, the duration of assignment of a sea area (hereinafter referred to as "the assignment duration" shall be considered and decided for each specific case on the basis of the application for sea area assignment, investment project and time limit specified in the written permission for exploitation and use of marine resources granted by the competent authority but must not exceed 30 years;

b) Regarding the investment project whose investment guidelines have been approved or decided by a competent authority and which has been issued with the investment registration certificate or investment certificate with an investment duration of over 30 years, the assignment duration may be over 30 years but must not exceed the investment duration specified in the written approval for investment guidelines, decision on investment guidelines, investment registration certificate or investment certificate (except for marine aquaculture projects”)

c) The assignment duration may be extended for multiple times but the total extended period must not exceed 20 years.

2. In the cases where the assignment duration specified in Clause 1 of this Article expires and the organization or individual wishes to continue using the sea area, such organization or individual may be assigned the sea area as prescribed in this Decree if the following conditions are met:

a) The written permission for exploitation and use of marine resources remains effective;

b) The use of the sea area still conforms to the planning as prescribed in Clause 3 Article 5 of this Decree.

3. The effective period of the sea area recognition equals to the remaining effective period of the decision on land allocation or agreement on lease of coastal land with water surface or seawater surface previously issued by the competent authority.

4. The duration of assignment of a sea area for land reclamation shall be considered on the basis of the land reclamation plan of the approved investment project. The organization or individual assigned the sea area for land reclamation in service of project execution is entitled to use the area of land formed after the land reclamation in accordance with regulations of law on land.

Thus, when the time limit for the allocation of sea areas expires, a competent state agency may consider extending the duration of assignment of a sea area by the State. May be renewed many times but the total time of the renewals shall not exceed 20 years in Vietnam. 

Therefore, when your household nears the end of the duration of assignment of a sea area, you can go to the competent state agency to apply for an extension of the time limit as prescribed in Vietnam.

Will households whose sea areas have been expropriated have any compensation in Vietnam?

According to Article 7 of Decree 11/2021/ND-CP stipulating rights and obligations of organizations and individuals assigned sea areas as follows:

1. An organization or individual assigned a sea area has the right to:

a) Use the sea area for exploitation and use of marine resources according to the decision on sea area assignment;

b) Extend assignment duration or amend the decision on sea area assignment or decision on sea area return;

c) Use information and data related to the assigned sea area as prescribed by law;

d) Receive compensation when a competent authority expropriates the sea area to serve national defense and security purposes and national and public interests as prescribed by law;

dd) File a complaint or lawsuit when legitimate rights and interests of the organization or individual are infringed upon;

e) Exercise other rights as prescribed by law.

2. An organization or individual assigned a sea area has the following obligations:

a) Use the assigned sea area for its intended uses and with the boundary, size, depth, height and duration specified in the decision on sea area assignment; do not infringe the sea; do not violate the planning approved by the competent authority;

b) Do not carry out activities that affect national defense, security, sovereignty, sovereign rights, jurisdiction and national maritime interests; do not cause environmental pollution and destroy marine environment and marine ecosystems; do not affect or obstruct maritime traffic; do not obstruct inspection, examination, baseline survey, scientific research, survey, exploration, exploitation and use of marine resources and environment and other legal activities permitted by competent authorities to be carried out within Vietnam’s territorial waters;

c) Protect marine environment; annually report the use of assigned sea areas to the competent that has the power to assign the sea area (hereinafter referred to as “the assigning authority”); do not provide information about the sea area in contravention of the law;

d) Pay sea area usage fees in accordance with the law; only use the sea area after fulfilling all financial obligations as prescribed; prior to using the sea area, notify the assigning authority for on-site assignment of the sea area;

dd) Do not transfer the right to use the assigned sea area, except for the case in Clause 3 of this Article;

e) Do not exploit and use marine resources in the sea area when the competent authority has yet to assign the sea area;

g) Comply with the decision on expropriation of the assigned sea area issued by the competent authority;

h) Fulfill other obligations as prescribed by law.

3. Organizations and individuals assigned a sea area for aquaculture have the rights and obligations mentioned in Clauses 1 and 2 of this Article and in Articles 46 and 47 of the Law on Fisheries.

According to this Article, your household when the sea area is expropriated by the State to serve the purposes of national defense and security purposes and national and public interests will be considered for compensation in accordance with the law in Vietnam. 

What is maximum size of a sea area assigned for aquaculture purpose decided by the District People's Committee in Vietnam? 

In Article 8 of Decree 11/2021/ND-CP stipulating the power to assign, recognize and permit return of sea areas; extend assignment duration and amend decisions on sea area assignment; expropriate sea areas as follows:

1. The Prime Minister shall decide to assign sea areas to organizations and individuals to execute projects on investment in exploitation and use of marine resources subject to approval for or decision on their investment guidelines by the National Assembly and Government, except for assignment of sea areas for sea dumping and aquaculture.

2. The Ministry of Natural Resources and Environment shall decide to assign sea areas in the following cases except for the case in Clause 1 of this Article:

a) The sea areas assigned to organizations and individuals to execute projects on investment in exploitation and use of marine resources subject to approval for or decision on their investment guidelines by the Prime Minister;

b) Inter-regional sea areas; sea areas lying outside 06-nautical mile waters from the mean lowest waterfront in multiple years of the mainland and islands as specified in Clause 3 Article 3 of this Decree;

c) Sea areas of which the assignment is requested by foreign investors and foreign-invested business entities for execution of projects on investment in exploitation and use of marine resources.

3. People’s Committees of coastal provinces shall decide to assign sea areas lying within 06-nautical mile waters from the mean lowest waterfront in multiple years of the mainland and islands as specified in Clause 3 Article 3 of this Decree, except for the cases in Clauses 1, 2 and 4 of this Article.

4. People’s Committees of coastal districts shall decide to assign Vietnamese individuals sea areas for aquaculture purpose as specified in Point a Clause 2 Article 44 of the Law on Fisheries which lie within 03-nautical mile waters from the mean lowest waterfront in multiple years of the mainland and islands as specified in Clause 3 Article 3 of this Decree.

The maximum size of a sea area assigned for aquaculture purpose as specified in this Clause is 01 ha.

5. The authority that has the power to assign a sea area also has the power to recognize, extend/amend the decision on assignment of, permit return of and expropriate such sea area.

According to this Article, the People’s Committees of coastal districts shall decide to assign sea areas to Vietnamese individuals for aquaculture with an allocation limit of no more than 01 ha.

Best Regards!