Information specified in a permit for sea dumping in Vietnam

Information specified in a permit for sea dumping in Vietnam (Internet image) 

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

1. Information specified in a permit for sea dumping in Vietnam

Permit for sea dumping (hereinafter referred to as the permit) includes the following information:

- Name of organizations and individuals granted the permit;

- Name, weight, size, components of physical matters subject to sea dumping; name, type, weight and components of physical matters subject to sea dumping;

- Position, borderline, coordinates, areas of sea areas used for sea dumping;

- Transport vehicles, manner of dumping;

- Time and time limit for dumping;

- Obligations of organizations and individuals granted the permit;

- Effect

(Clause 1, Article 59 of the Law on natural resources and environment of sea and island 2015)

2.  Validity period of the permit for sea dumping in Vietnam

According to Clause 1, Article 59 of the Law on natural resources and environment of sea and island 2015, Validity period of the permit shall be considered on the basis of physical matters subject to sea dumping, scale and nature of dumping, and areas used for dumping and last no more than two years. Extension is allowed once but no more than one (01) year.

3. Rights and obligations of organizations and individuals granted permit for sea dumping in Vietnam

- Organizations and individuals granted the permit shall have the following rights:

+ Carry out dumping at sea as prescribed in the permit;

+ Enjoy protection of lawful rights and interests by the State;

+ Request organizations and individuals that cause damage to their lawful rights and interests in dumping to compensate for damage caused according to law provisions;

+ Make request to competent state management agencies that grant the permit for re-issuance, extension, amendments, supplements and returning the permit according to law provisions;

+ Make complaints, and take legal proceedings against violations of their own lawful rights and interests in sea dumping according to law provisions;

+ Other rights according to law provisions;

- Organizations and individuals granted the permit shall have the following obligations:

+ Comply with regulations of the law on management of natural resources and environment of sea and islands and the permit;

+ Pay fees, charges for issuance of the permit and for use of sea areas for dumping according to law provisions;

+ Comply with technical regulations concerning activities of dumping during the dumping period;

+ Do not obstruct or cause damage to lawful exploitation and use of natural resources at sea by other organizations and individuals;

+ Provide adequate and authentic data and information on activities of dumping at the request of competent state agencies;

+ Take measures to ensure safety, prevent and cope with environmental emergencies caused by their own dumping activities according to law provisions;

+ Conduct monitoring and supervision of sea environment, communication and reporting regime on sea dumping activities according to law provisions;

+ Compensate for losses to organizations or individuals suffering the damage caused by irregular dumping activities;

+ Other obligations according to law provisions;

(Article 61 of the Law on natural resources and environment of sea and island 2015)

4. Authority to issue permit for sea dumping in Vietnam

- The Minister of Natural Resources and Environment shall grant the permit for sea areas (used for dumping) that have part or whole of the area lying outside littoral zones or areas bordering two central-affiliated coastal cities and provinces.

- People’s committees of central-affiliated coastal cities and provinces shall grant the permit for littoral zones within their own management except cases within the management of the Minister of Natural Resources and Environment.

(Article 60 of the Law on natural resources and environment of sea and island 2015)

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