Fees for issuance of sea dumping permits in Vietnam as of March 21, 2024

Fees for issuance of sea dumping permits in Vietnam as of March 21, 2024 (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

On February 5, 2024, the Minister of Finance issued Circular 08/2024/TT-BTC on prescribing fees for processing of applications for sea dumping permit, collection and transfer thereof

Fees for issuance of sea dumping permits in Vietnam as of March 21, 2024

Specifically, from March 21, 2024, fees for processing of applications for issuance, re-issuance, renewal and modification of sea dumping permits are prescribed in the following fee schedule:

In there:

- Payers include organizations and individuals that have sea dumping permits issued, re-issued, renewed or modified by competent authorities defined in Article 60 of the Law on resources and environment of sea and islands.

- Collectors are the authorities competent to issue, re-issue, renew or modify sea dumping permits as prescribed in the Law on resources and environment of sea and islands.

(Article 2, 3, and 4 of Circular 08/2024/TT-BTC)

More details can be found in Circular 08/2024/TT-BTC, taking effect on March 21, 2024 and replacing Circular 105/2018/TT-BTC.

Conditions for issuance of sea dumping permits in Vietnam 2024

Sea dumping permits shall be issued if all of the following conditions are satisfied:

- The physical matters subject to sea dumping must meet all conditions prescribed in Clause 1 Article 58 of the Law on resources and environment of sea and islands 2015;

- The sea dumping plan must be set up in compliance with regulations in Clause 4 Article 57 of the Law on resources and environment of sea and islands 2015;

Article 57. Requirements for sea dumping

... 

4. Activities of sea dumping shall not be allowed to adversely affect human health and the country’s potentiality of economic development; minimize adverse effects on the environment and ecosystem.

- The sea area which is used for dumping must be in conformity with the sea use planning and/or the master plan for sustainable extraction and use of coastal resources approved by competent authorities.

In cases where the sea use planning or the master plan for sustainable extraction and use of coastal resources is not approved, the sea area which is used for dumping shall be considered on the basis of the environmental impact assessment report approved by a competent authority in accordance with the law on environmental protection.

(Clause 1 of Article 49 of Decree 40/2016/ND-CP)

Cases of revocation of sea dumping permits in Vietnam

Sea dumping permits shall be revoked in the following cases:

- A sea dumping permit holder misuses sea dumping activities for causing adverse influence on national defence, security and national interests, or infringing on the order and safety at sea, or causing serious impact on other entities’ legal extraction and use of marine resources;

- Dumping activities are carried out inconsistently with contents in the issued sea dumping permit resulting in causing serious damage to the natural resources, pollution and degradation of marine environment and ecosystems; the sea area for dumping activities is used for other purposes;

- After 03 (three) months from the effective date specified in the sea dumping permit but the sea dumping permit holder fails to carry out dumping activities, except for case of force majeure;

- The sea area for dumping as permitted in the sea dumping permit is used for the purpose of national defence, security and interests as referred to by laws, or is announced as prohibited zone by a competent authority;

- The sea dumping permit holder has dissolution or bankruptcy declared as referred to by laws.

(Clause 1 of Article 58 of Decree 40/2016/ND-CP)

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