What do bases for assigning a sea area in Vietnam comprise?

1. What do bases for assigning a sea area in Vietnam comprise?

Pursuant to Article 5 of Decree 11/2021/ND-CP stipulating bases for assigning a sea area in Vietnam are as follows:

1. The organization or individual’s demand for use of the sea area for exploitation and use of marine resources.

2. Written permission for exploitation and use of marine resources granted by a competent authority to the organization or individual as prescribed by law.

3. The national marine spatial planning; comprehensive planning for sustainable exploitation and use of coastal resources.

If the national marine spatial planning; the comprehensive planning for sustainable exploitation and use of coastal resources is not available or has been approved but fails to show the sea area to be assigned, the assignment of the sea area shall be based on one of the plannings approved by the competent authority in the following order of priority:

a) National sector planning;

b) Regional planning;

c) Provincial planning;

d) Special administrative - economic unit planning;

dd) Technical and specialized planning.

If the abovementioned plannings are not available, the determination of location, boundary and size in service of sea area assignment shall comply with Clause 4 of this Article.

4. The determination of location, boundary and size in service of sea area assignment in the case where the plannings in Clause 3 of this Article are not available shall comply with the following requirements:

a) The sea area to be used for exploitation and use of marine resources shall ensure that the exploitation and use of marine resources do not affect national defense and security-related activities, sovereignty, sovereign rights, jurisdiction and national maritime interests; does not the fulfillment of the obligations specified in relevant international treaties to which the Socialist Republic of Vietnam is a signatory;

b) The sea area to be used shall ensure that the exploitation and use of marine resources do not adversely affect the environment, marine ecosystems, aquatic resources, human health and potential for national economic development as prescribed by law;

c) The sea area to be used shall ensure that the exploitation and use of marine resources do not affect safety upon using seaports, navigational channels, petroleum installations, electrical and optical marine cables, co-management of aquatic resources by community organizations and legal exploitation and use of natural resources by organizations and individuals as prescribed by law.

d) The Ministry of Natural Resources and Environment shall determine the location, boundary and size of the sea area which is assigned by the Prime Minister and the Ministry of Natural Resources and Environment after collecting comments of the Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, other ministries and People's Committees of provinces concerned about the regulations set out in Points a, b and c of this Clause;

dd) The People’s Committee of the coastal province shall determine the location, boundary and size of the sea area which is assigned by the province after collecting comments of the Ministry of Natural Resources and Environment, the Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, provincial army and police authorities and organizations concerned about the regulations set out in Points a, b and c of this Clause;

e) The People’s Committee of the coastal district shall determine the location, boundary and size of the sea area which is assigned by the district after collecting comments of the Department of Natural Resources and Environment, the Department of Agriculture and Rural Development, provincial army and police authorities and organizations concerned about the regulations set out in Points a, b and c of this Clause.

2. What are rights of individuals assigned sea areas in Vietnam? 

According to Clause 1, Article 7 of Decree 11/2021/ND-CP stipulates 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.

Best Regards!