What is the time limit for extension of duration of assignment of certain sea areas to households in Vietnam?

What is the time limit for extension of duration of assignment of certain sea areas to households in Vietnam?

Pursuant to Article 11 of the Decree 11/2021/NĐ-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.

As regulations above, the assignment duration may be extended for each specific case but in your case, the total extended period must not exceed 20 years.

In Vietnam: Is it permissible to include the notarized copy of issued decision on sea area assignment in the application for extension of assignment duration?

Pursuant to Article 19 of the Decree 11/2021/NĐ-CP, an application for extension of assignment duration consists of:

1. An application form for extension of assignment duration, which is made using the Form No. 02 enclosed herewith.

2. An original of the issued decision on sea area assignment.

3. A copy of the extended or unexpired written permission for extraction and use of marine resources granted by the competent authority.

4. A report on the use of the sea area, environmental protection and fulfillment of financial obligations by the organization or individual by the time of application.

As regulations above, an application for extension of assignment duration must include an original of the issued decision on sea area assignment. It is not permissible to include the notarized copy of issued decision on sea area assignment in the application.

What are procedures for processing the application for extension of assignment duration in Vietnam?

Pursuant to Article 20 of the Decree 11/2021/NĐ-CP stipulating procedures for processing the application for extension of assignment duration in Vietnam as follows:

1. Receipt of the application:

a) The applicant shall submit 01 application as prescribed in Article 19 hereof to the receiving authority prescribed in Article 25 hereof, the receiving authority shall prepare an appointment note according to the Form No. 10 enclosed herewith;

b) Within 03 working days from the receipt of the application, the receiving authority shall inspect it. If the application is not satisfactory, the receiving shall instruct the applicant in writing to complete it;

c) After receiving a satisfactory application, the receiving authority shall transfer it to the appraising authority.

2. Appraisal of the application:

Within 30 working days from the receipt of the sufficient application, the appraising authority shall:

a) complete the appraisal according to Clause 2 Article 27 of this Decree. The appraisal result shall be documented;

b) determine the sea area usage fees and other obligations that must be fulfilled by the applicant;

c) Where necessary, the appraising authority shall request a competent authority to decide to establish an Appraisal Council; send a written request for opinions to relevant authorities; carry out a site inspection (the site inspection shall be conducted within 10 working days). Within 15 working days from the receipt of the written request for opinions, the authority whose opinions are sought shall give a written response. The period of opinion collection and site inspection shall not be included in the appraisal time.

3. Submission and processing of the application:

a) Within 03 working days from the end of the appraisal, the appraising authority shall submit the application to the authority that has the power to extend assignment duration;

b) Within 05 working days from the date on which the appraising authority submits the application, the authority that has the power to extend assignment duration shall consider issuing a decision on sea area assignment. In case of rejection of the application, a written explanation shall be provided.

4. Notification and return of application processing result:

Within 02 working days from the receipt the result, the receiving authority shall:

a) notify the applicant so that such applicant can receive result and fulfill related obligations as prescribed;

b) send the decision on sea area assignment to the Department of Taxation of the province where the sea area is available to issue a notice of payment of sea area usage fees.

Above are procedures for processing the application for extension of assignment duration in Vietnam.

Best regards!