Can Vietnamese individuals using marine waters allocated by the State for aquaculture be mortgaged their property on allocated sea water?

Can Vietnamese individuals using marine waters allocated by the State for aquaculture be mortgaged their right to use allocated marine waters?

Pursuant to Clause 4, Article 46 of the Law on Fisheries 2017 stipulates rights of users of marine waters allocated by the State for aquaculture as follows:

4. Vietnamese users of marine waters allocated with levy by the State for aquaculture that have paid lump sum levies for the entire allocation period have the rights prescribed in Clause 1 of this Article and are entitled to:

a) Mortgage the right to use allocated marine waters and their property on these waters in Vietnamese credit institutions within the period of allocation in accordance with regulations of law;

b) Transfer the right to use marine waters and their property on these waters. Individuals may leave the right to use the allocated marine waters to their heirs in accordance with regulations of law. Transferees and heirs of the right to use allocated sea water for aquaculture have the rights prescribed in this Clause;

c) Use the right to use allocated marine waters and their property on these waters as stakes in accordance with regulations of law;

d) Lease the right to use marine waters and their property on these waters within the term of allocation. The marine waters shall only be leased if they have been invested in under the projects and are used for proper purposes by lessees.

Thus, in case your marine waters allocated with levy by the State for aquaculture but only partially paid in advance, you may not mortgage right to use allocated marine waters in Vietnam. 

What are cases of expropriation and requisition of marine waters that have been allocated for aquaculture in Vietnam? 

In Article 45 of the Law on Fisheries 2017 on expropriation and requisition of marine waters that have been allocated for aquaculture as follows:

1. The State will expropriate the entire or partial marine waters that have been allocated for aquaculture if:

a) The organization or individual fails to use the marine waters in accordance with the decision on allocating marine aquaculture waters or violates regulations on protecting common works for aquaculture;

b) The organization or individual fails to use the entire or partial allocated marine aquaculture waters for more than 24 continuous months unless this organization or individual has reasonable purposes approved by the competent authority;

c) The marine waters are expropriated for public, national defense or security purposes;

d) The responsibilities prescribed in Clause 1 Article 47 of this Law are violated;

dd) The organization or individual fails to fulfill financial obligations prescribed in Point b Clause 2 Article 42 of this Law and fails to comply with penalties for administrative violations;

e) The decision is not conformable with the national marine spatial planning that has been approved by the competent authority;

g) The organization or individual no longer satisfies the conditions prescribed in Article 38 of this Law and fails to take remedial measures promptly.

2. The State decides to requisition marine waters if necessary for performance of national defense or security duties or in case of emergency, environmental incidents or prevention of natural disasters. Marine waters shall be requisitioned in accordance with regulations on compulsory purchase and requisition of property.

3. Authorities allocating marine aquaculture waters have power to expropriate the allocated waters.

4. The Government shall prescribe procedures for expropriation and requisition of marine waters that have been allocated for aquaculture.

Best Regards!