Is it permissible extend duration of assignment of sea areas for exploitation and use of marine resources in Vietnam more than 20 years?

Is it permissible extend duration of assignment of sea areas for exploitation and use of marine resources in Vietnam more than 20 years?

Pursuant to Article 6 of the Decree 11/2021/NĐ-CP stipulating duration of assignment and recognition of sea areas in Vietnam 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.

As regulations above, you are not allowed to extend duration of assignment of sea areas for exploitation and use of marine resources in Vietnam more than 20 years.

What are rights and obligations of organizations and individuals assigned sea areas for exploitation and use of marine resources in Vietnam?

Pursuant to Article 7 of the Decree 11/2021/NĐ-CP stipulating rights and obligations of organizations and individuals assigned sea areas for exploitation and use of marine resources in Vietnam 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.

Above are rights and obligations of organizations and individuals assigned sea areas for exploitation and use of marine resources in Vietnam.

Best regards!