What are regulations on assignment of sea areas in Vietnam?

1. 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.

2. What are implementation of recognition of sea areas in Vietnam? 

According to Article 10 of Decree 11/2021/ND-CP stipulating recognition of sea areas as follows:

1. An organization or individual issued with the decision on land allocation or lease of coastal land with water surface or seawater surface as prescribed by law before the effective date of this Decree is entitled to continue their use thereof and exercise of rights and obligations until the expiry of the allocation or lease term as prescribed by law. In this case, if such organization or individual wishes to apply for sea area recognition, they shall submit a sufficient application for sea area recognition as prescribed in Article 17 hereof. The recognition shall be documented in a decision on sea area assignment and the assignment duration is the remaining effective period of the decision on land allocation or lease of coastal land with water surface or seawater surface.

2. If an organization or individual was granted the written permission for exploitation and use of marine resources by the competent authority as prescribed by law before July 15, 2014 and is using the sea area but has not been issued with the decision on land allocation or lease of coastal land with water surface or seawater surface or sea area assignment as prescribed by law, they shall submit a sufficient application for sea area recognition as prescribed in Article 17 hereof. The recognition shall be documented in a decision on sea area assignment and the assignment duration is the remaining effective period of the written permission for exploitation and use of marine resources.

If an organization or individual was granted the written permission for exploitation and use of marine resources by the competent authority as prescribed by law after July 15, 2014, they shall submit an application for sea area assignment as prescribed in Article 15 hereof.

3. Regarding an organization or individual that is using the sea area in the case specified in Clause 1 of this Article but has not yet applied for sea area recognition, the competent authority specified in Point b Clause 2 Article 25 hereof shall update and verify information including name of the organization or individual using the sea area; location, boundary, size, depth, uses of the sea area and remaining assignment duration, and make a sea area diagram according the Form No. 09 hereof and prepare a dossier for management purpose.

Best Regards!