Procedures for extending the sea area assignment deadline in Vietnam

Procedures for extending the sea area assignment deadline in Vietnam (Internet image)

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

Procedures for extending the sea area assignment deadline are guided in Decision 4193/QD-BTNMT in 2023 as follows:

1. Application for extension of sea area assignment deadline in Vietnam

Application for extension of the sea area assignment deadline in Vietnam includes:

- Application for extension of sea area assignment deadline according to Form No. 02 issued with Decree 11/2021/ND-CP or Decision 4193/QD-BTNMT in 2023;

- The decision to assign the sea area has been issued (original);

- A copy of the document permitting the exploitation and use of marine resources that has been extended by a competent state agency or is still valid;

- Report on the use of marine areas, environmental protection, and implementation of obligations of organizations and individuals up to the time of submitting the application for extension.

2. Procedures for extending the sea area assignment deadline in Vietnam

- Step 1: Submit application:

Vietnamese individuals requesting to extend the deadline for the assignment of marine areas must submit 01 set of documents to the Receiving and Returning Results of Administrative Procedures Department under the district People's Committee; In cases where there is no Receiving and Returning Results Department to handle administrative procedures, the application must be submitted to the district-level Department of Natural Resources and Environment.

- Step 2: Check documents:

The Receiving and Returning Results Department, which handles administrative procedures, is responsible for checking the composition and content of the dossier. In case the dossier is in accordance with regulations, a receipt note and appointment to handle the dossier will be issued according to Form No. 10 issued with the Appendix to Decree 11/2021/ND-CP. In case the dossier is not in accordance with regulations, the Receiving and Returning Results Department shall handle administrative procedures once and give written instructions to the Vietnamese individual to supplement and complete.

- Step 3: Appraise documents:

The district-level Department of Natural Resources and Environment evaluates the dossier. If necessary, send documents to seek opinions from relevant agencies and organize field inspections.

- Step 4: Submit and issue the results of administrative procedures:

The Department of Natural Resources and Environment submits to the District People's Committee for consideration and a decision to allocate the sea area with Form No. 09 issued with the Appendix of Decree 11/2021/ND-CP. In the event that a decision is not made, a written response must be made clearly stating the reason.

- Step 5 notify and return the application results:

The Receiving and Returning Results Department handles administrative procedures under the District People's Committee to notify Vietnamese individuals to receive results and perform related obligations.

3. Time limit for resolving requests to extend the sea area assignment deadline in Vietnam

- Time limit for checking documents:

Within 03 working days from the date of receiving the dossier, the receiving agency will check the dossier. After receiving complete documents according to regulations, the receiving agency transfers the documents to the application appraisal agency.

- Time limit for conducting appraisal:

Within no more than 30 working days from receipt of complete documents according to regulations, the Department of Natural Resources and Environment will complete the appraisal of the documents; In case of necessity, submit to the district-level People's Committee to decide to establish a dossier appraisal council; send documents to seek opinions from relevant agencies; Organize a field inspection (the duration of the inspection should not exceed 10 working days).

Within no more than 15 working days from the date of receiving the written opinion, the agency receiving opinions must be responsible for responding in writing. The time for collecting opinions and organizing field inspections is not included in the time for appraising documents.

- Time limit for submitting and processing documents

+ Time limit for submitting documents: No more than three (03) working days from the date of completion of the appraisal;

+ Time limit for reviewing and processing documents: No more than five (05) working days from the date the Department of Natural Resources and Environment submits the documents.

- Time limit for notification and return of dossier results: No more than two (02) working days from the date of receiving dossier processing results from the state management agency or authority competent to assign the sea area.

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