Do individuals that assigned a sea area have to pay sea area usage fees in Vietnam?

Do individuals that assigned a sea area have to pay sea area usage fees in Vietnam?

Pursuant to Clause 2, Article 7 of Decree No. 11/2021/ND-CP stipulating 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.

Thus, when being assigned a sea area, the individual must paysea area usage fees in accordance with the law in Vietnam and can only use the sea area after fulfilling all financial obligations as prescribed. 

What are regulations on assignment of sea areas in Vietnam?

Pursuant to Article 9 of Decree 11/2021/ND-CP stipulating assignment of sea areas as follows:

1. The assignment of a sea area may be considered if the following conditions are met:

a) The organization or individual has been granted the written permission for exploitation and use of marine resources in the sea area to be assigned;

b) The sea area to be assigned conforms to the planning as prescribed in Article 5 of this Decree;

c) The organization or individual has submitted a sufficient application for sea area assignment specified in Article 15 of this Decree to the receiving authority.

2. The assignment of the sea area to the organization or individual for exploitation and use of marine resources must be documented in the decision on sea area assignment according to the Form No. 06 enclosed herewith.

3. The decision on sea area assignment contains the following main contents:

a) Name and address of the organization or individual assigned the sea area;

b) Uses of the sea area;

c) Location, boundary and size of the sea area;

d) Depth; height of the work or equipment permitted for use (if any);

dd) Assignment duration;

e) Method of payment of sea area usage fees; sea area usage fees payable;

g) Obligations of the organization or individual assigned the sea area;

h) Entry into force.

i) Other relevant contents.

4. Scientific research activities by Vietnamese organizations and individuals (except for the scientific research activities requiring the use of fixed sea areas and scientific research activities conducted by foreign organizations and individuals within Vietnam’s territorial waters); measurement, monitoring, investigation, survey and assessment of marine resources; fishing and remedying of consequences caused by natural disasters and environmental emergencies at sea are not subject to assignment of sea areas. Within its power to assign sea areas, the competent authority specified in Article 8 of this Decree shall consider granting written approval for locations, boundaries, size, coordinates, depth and duration of sea areas in order for Vietnamese organizations and individuals to carry out scientific research activities; measurement, monitoring, investigation, survey and assessment of marine resources.

Best Regards!