What is determination of boundaries of sea areas in Vietnam?

1. What is determination of boundaries of sea areas in Vietnam?

Pursuant to Article 3 of Decree 11/2021/ND-CP stipulating boundaries of sea areas as follows:

1. Boundary of a sea area is determined by a closed line consisting of straight line segments connecting corner closure points with specific coordinates and shown on the bathymetric map published by the Ministry of Natural Resources and Environment with an appropriate scale.

2. Size of the sea area assigned to the organization or individual shall be considered and decided in each specific case on the basis of the following factors:

a) The organization’s or individual’s demand for use of the sea area specified in application form for assignment of the sea area or investment project.

b) Area reserved for exploitation and use of marine resources under the written permission for exploitation and use of natural resources granted by the competent authority;

c) A report on appraisal of the application for assignment of the sea area prepared by the competent authority;

d) Safety corridors of works and equipment (if any) under the special legislation.

3. The Ministry of Natural Resources and Environment shall determine and announce the mean lowest waterfront in multiple years, outer boundaries of 03-nautical mile and 06-nautical mile waters of the mainland and largest islands in island districts.

2. What do rules for assigning a sea area in Vietnam comprise?

According to Article 4 of Decree 11/2021/ND-CP stipulating rules for assigning a sea area in Vietnam as follows:

1. Maintain national defense, security and sovereignty, protect sovereign rights, jurisdiction and maritime interests and conformity with international treaties to which Vietnam is a signatory.

2. Ensure suitability for natural laws and functions of sea areas based on the ecosystem‐based management of marine resources; meet the demand for exploitation, reasonable, economical and efficient use of natural resources, environmental protection, nature conservation and biodiversity of sea and islands, adaptation to climate change and sea level rise.

3. Ensure the conformity with the national marine spatial planning; comprehensive planning for sustainable exploitation and use of coastal resources.

4. Protect interests of organizations and individuals entitled to legally exploit and use marine resources; protect the people’s right of access to sea.

5. Within a territorial waters, a sea area may be assigned to one or more organizations or individuals to use it for one or more intended uses but such uses must not contradict the legal exploitation and use of marine resources by other organizations or individuals.

3. What is time limit for using a sea area in Vietnam?

In Article 6 of Decree 11/2021/ND-CP, duration of assignment and recognition of sea areas is 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.

Best Regards!