What are conditions to be considered for extension of assignment duration in Vietnam?

1. What are conditions to be considered for extension of assignment duration in Vietnam?

Pursuant to Article 11 of Decree 11/2021/ND-CP stipulating extension of assignment duration as follows:

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

a) The written permission for extraction and use of marine resources remains effective or is extended by a competent authority;

b) The organization or individual uses the sea area for its intended uses; fully complies with regulations of law on environmental protection as prescribed by law;

c) The organization or individual has fully fulfilled financial obligations and other obligations as prescribed by law by the time of applying for extension;

d) The organization or individual has submitted a sufficient application for extension of sea area assignment specified in Article 19 of this Decree to the receiving authority when the decision on sea area assignment remains effective.

2. The assignment duration may be extended for each specific case but the total extended period must not exceed 20 years. The extension shall be documented in a new decision on sea area assignment.

2. What are regulations on return of sea areas in Vietnam?

According to Article 12 of Decree 11/2021/ND-CP, regulations on return of sea areas are as follows:

1. Any organization or individual that obviates the need for the assigned sea area is entitled to return it in part or in whole.

2. If an organization or individual makes a request for total return of a sea area, the return shall be documented in a decision on permission for sea area return according to the Form No. 07 enclosed herewith.

3. If an organization or individual makes a request for partial return of a sea area, the return shall be documented in a new decision on assignment of the remaining part of the sea area.

4. The organization or individual that makes a request for sea area return shall submit a sufficient application as specified in Article 21 of this Decree to the receiving authority when the decision on sea area assignment remains effective.

5. The organization or individual returning the sea area shall take measures for environmental remediation in the assigned sea area to be return; shall fulfill all financial obligations and other obligations as prescribed by law.

6. The organization or individual assigned a sea area for exploitation of non-renewable resources is not permitted to return it in part.

3. What are cases of amendment to the decision on sea area assignment in Vetnam?

In Article 13 of Decree 11/2021/ND-CP, amendment to the decision on sea area assignment as follows:

1. A decision on sea area assignment may be amended in the following cases:

a) Information about the organization or individual assigned the sea area is changed without changing its/his/her ownership, except for the cases in Points b and c of this Clause;

b) The ownership of the organization or individual assigned the sea area is changed if the individual or owner of the sole proprietorship or owner of the single-member limited liability company is dead and has an heir;

c) The organization or individual assigned the sea area makes a transfer of the investment project associated with the sea area use right or a change of the investor which is permitted or approved by a competent authority in accordance with regulations of law on investment; fully divides, partially divides, consolidates or merges an enterprises in accordance with regulations of law on enterprises;

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

dd) Contents of the science and technology task serving aquaculture and other science and technology tasks that require the use of the fixed sea area are changed resulting in the change of contents of the decision on sea area assignment.

2. The organization or individual shall submit a sufficient application for amendment to the decision on sea area assignment specified in Article 23 of this Decree to the receiving authority.

3. By the time of applying for amendment to the decision on sea area assignment, the organization or individual assigned the sea area has fully fulfilled the obligations under the law and the decision on sea area assignment remains effective.

4. The amendment to the decision on sea area assignment shall be documented in a new decision on sea area assignment. The assignment duration is the remaining effective period of the previous decision on sea area assignment.

5. In the case specified in Point c Clause 1 of this Article, before following the procedures for transfer of the investment project associated with the sea area use right or change of the investor, full division, partial division, consolidation or merger of an enterprise, the organization or individual assigned the sea area shall send a written request for opinions to the assigning authority specified in Article 8 of this Decree.

Best Regards!