Procedures for issuance of mariculture licenses to foreign investors in Vietnam as of May 19, 2024

Procedures for issuance of mariculture licenses to foreign investors in Vietnam as of May 19, 2024 (Internet image)

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

On April 4, 2024, the Government also issued Decree 37/2024/ND-CP on amendments to Decree 26/2019/ND-CP don guidelines for implementation of the Law on Fisheries 2017, which comes into force from May 19, 2024.

Procedures for issuance of mariculture licenses to foreign investors in Vietnam as of May 19, 2024

According to Article 38 of Decree 26/2019/ND-CP (amended in Decree 37/2024/ND-CP) on Issuance of mariculture licenses to foreign investors and foreign-invested business entities in Vietnam as follows:

- The applicant shall submit an application for issuance of mariculture license to the fishery authority affiliated to the Ministry of Agriculture and Rural Development;

- Within 90 days from the receipt of the satisfactory application, the fishery authority affiliated to the Ministry of Agriculture and Rural Development shall appraise the application; organize site survey at the sea areas (if necessary); and consult the Ministry of Agriculture and Rural Development about seeking opinions from the local authority of the area where the sea areas exist, Ministry of National Defense, Ministry of Foreign Affairs, Ministry of Public Security, and Ministry of Natural Resources and Environment. The enquired authorities shall reply within 30 days from the date of receipt of documents that seek opinions. By the aforementioned deadline, if these authorities fail to reply in writing, it deems that they have agreed.

If those are concurring with opinions, within 05 working days, the fishery authority affiliated to the Ministry of Agriculture and Rural Development shall consult the Minister of Agriculture and Rural Development about issuing the mariculture license according to the Form No. 31.NT in the Appendix III of Decree 26/2019/ND-CP.

If there is at least 01 dissenting opinion, the fishery authority affiliated to the Ministry of Agriculture and Rural Development shall consult the Ministry of Agriculture and Rural Development to notify the Prime Ministry for instructions. After receiving instructions from the Prime Minister, within 07 working days, the Minister of Agriculture and Rural Development shall issue the mariculture license according to the Form No. 31.NT in the Appendix III of Decree 26/2019/ND-CP. In case of rejection of the application, a response and explanation shall be provided in writing.

Application for issuance of the mariculture license for foreign investors in Vietnam

An application for issuance of the mariculture license includes:

- An application form (Form No. 29.NT in the Appendix III of Decree 26/2019/ND-CP);

- A description of the aquaculture project (Form No. 30.NT in the Appendix III of Decree 26/2019/ND-CP);

- An aquaculture environmental impact assessment report or a commitment to environmental protection and environmental protection plan appraised by a competent authority as prescribed;

- A map of marine aquaculture site enclosed with coordinates of the corner points of the marine aquaculture site to be transferred.

(Clause 2, Article 38 of Decree 26/2019/ND-CP (amended in Decree 37/2024/ND-CP))

Who has the power to issue mariculture licenses to foreign investors in Vietnam?

The authority that has the power to issue mariculture licenses to foreign investors and foreign-invested business entities is the Ministry of Agriculture and Rural Development.

(Clause 1, Article 38 of Decree 26/2019/ND-CP (amended in Decree 37/2024/ND-CP))

Nguyen Ngoc Que Anh

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