Regulations on allocation of marine aquaculture waters in Vietnam

Regulations on allocation of marine aquaculture waters in Vietnam (Internet image)

1. Regulations on allocation of marine aquaculture waters in Vietnam

Allocation of marine aquaculture waters according to Article 44 of the Law on Fisheries 2017 as follows:

- Marine waters shall be allocated for aquaculture according to the national marine spatial planning, planning of provinces and regulations of law on sea and ensure national defense and security.

- Power to allocate marine waters without levy for aquaculture is specified as follows:

+ The People’s Committee of each district has power to allocate marine waters to Vietnamese individuals who shall modify from inshore commercial fishing to aquaculture according to decisions issued by competent authorities or the individuals permanently reside in the district, have their major incomes earned from aquaculture and are certified by People’s Committees of the communes where they reside.

The People’s Committee of each district has power to allocate marine waters under its management extending 3 nautical miles from the lowest average edge of seawater in multiple years;

+ The People’s Committee of each province has power to allocate marine waters to Vietnamese organizations and individuals that carry out science and technology missions for aquaculture approved by competent authorities.

The People’s Committee of each province has power to allocate marine waters under its management extending 6 nautical miles from the lowest average edge of seawarter in multiple years;

+ The Ministry of Natural Resources and Environment has power to allocate marine waters to Vietnamese organizations and individuals that carry out science and technology missions for aquaculture approved by competent authorities.

The Ministry of Natural Resources and Environment has power to allocate marine waters under its management exceeding 6 nautical miles from the lowest average edge of seawarter in multiple years and border waters of provinces and central-affiliated cities.

- Power to allocate marine waters with levy for aquaculture is specified as follows:

+ The People’s Committee of each province has power to allocate marine waters in the case prescribed in Clause 1 Article 39 of the Law on Fisheries 2017;

+ The Ministry of Natural Resources and Environment has power to allocate marine waters in the cases prescribed in Clauses 2 and 3 Article 39 of the Law on Fisheries 2017;

- Period of allocation of marine aquaculture waters shall not exceed 30 years from the day on which the decision on allocating marine waters comes into force.

When the abovementioned period expires, the State considers extending the allocation of marine waters for organizations or individuals wishing to continue using allocated marine waters.

The allocation period may be extended more than once but total extension period shall not exceed 20 years. Period of allocation of marine waters for science and technology missions shall not exceed the period of these missions approved by competent authorities.

- A decision on allocating marine aquaculture waters will be adjusted if:

+ Information on the organization or individual receiving marine aquaculture waters is changed;

+ Changes in contents of applications, science and technology missions or aquaculture projects cause changes in contents of the decision on allocating marine aquaculture waters.

- The Government shall provide guidelines for allocation, extension, limit of and levies on marine waters and amendment to decisions on allocating marine aquaculture waters.

2. Expropriation and requisition of marine waters that have been allocated for aquaculture in Vietnam

Expropriation and requisition of marine waters that have been allocated for aquaculture according to Article 45 of the Law on Fisheries 2017 as follows:

-  The State will expropriate the entire or partial marine waters that have been allocated for aquaculture if:

+ The organization or individual fails to use the marine waters in accordance with the decision on allocating marine aquaculture waters or violates regulations on protecting common works for aquaculture;

+ The organization or individual fails to use the entire or partial allocated marine aquaculture waters for more than 24 continuous months unless this organization or individual has reasonable purposes approved by the competent authority;

+ The marine waters are expropriated for public, national defense or security purposes;

+ The responsibilities prescribed in Clause 1 Article 47 of this Law are violated;

+ The organization or individual fails to fulfill financial obligations prescribed in Point b Clause 2 Article 42 of this Law and fails to comply with penalties for administrative violations;

+ The decision is not conformable with the national marine spatial planning that has been approved by the competent authority;

+ The organization or individual no longer satisfies the conditions prescribed in Article 38 of this Law and fails to take remedial measures promptly.

- The State decides to requisition marine waters if necessary for performance of national defense or security duties or in case of emergency, environmental incidents or prevention of natural disasters.

Marine waters shall be requisitioned in accordance with regulations on compulsory purchase and requisition of property.

- Authorities allocating marine aquaculture waters have power to expropriate the allocated waters.

- The Government shall prescribe procedures for expropriation and requisition of marine waters that have been allocated for aquaculture.

Quoc Dat

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