Procedures for processing the application for sea area return in Vietnam

Procedures for processing the application for sea area return in Vietnam (Internet image)

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

1. Procedures for processing the application for sea area return in Vietnam

Procedures for processing the application for sea area return in Vietnam according to Article 22 of Decree 11/2021/ND-CP are as follows:

- Receipt of the application:

+ The applicant shall submit 01 application as prescribed in Article 21 of Decree 11/2021/ND-CP to the receiving authority prescribed in Article 25 of Decree 11/2021/ND-CP, the receiving authority shall prepare an appointment note according to the Form No. 10 enclosed with Decree 11/2021/ND-CP;

+ Within 03 working days from the receipt of the application, the receiving authority shall inspect it. If the application is not satisfactory, the receiving shall instruct the applicant in writing to complete it;

+ After receiving a satisfactory application, the receiving authority shall transfer it to the appraising authority.

- Appraisal of the application:

Within 20 working days in the case of request for partial return of the sea area or within 15 working days in the case of request for total return of the sea area from the receipt of the sufficient application, the appraising authority shall:

+ complete the appraisal according to Clause 3 Article 27 of Decree 11/2021/ND-CP. The appraisal result shall be documented;

+ determine the fees for use of the returned sea area (if any); financial obligations and other obligations that must be fulfilled by the applicant;

+ Where necessary, the appraising authority shall request a competent authority to decide to establish an Appraisal Council; send a written request for opinions to relevant authorities; carry out a site inspection (the site inspection shall be conducted within 10 working days). Within 15 working days from the receipt of the written request for opinions, the authority whose opinions are sought shall give a written response. The period of opinion collection and site inspection shall not be included in the appraisal time.

- Submission and processing of the application:

+ Within 03 working days from the end of the appraisal, the appraising authority shall submit the application to the authority that has the power to permit the return of the sea area;

+ Within 05 working days from the date on which the appraising authority submits the application, the authority that has the power to permit the return of the sea area shall consider issuing a decision on permission for sea area return. In case of rejection of the application, a written explanation shall be provided.

- Notification and return of application processing result:

Within 02 working days from the receipt the result, the receiving authority shall:

+ notify the applicant so that such applicant can receive result and fulfill related obligations as prescribed;

+ send the decision on permission for sea area return to the Department of Taxation of the province where the returned sea area is available and issue a notice of payment of fees for use of the returned sea area (if any) and financial obligations that must be fulfilled by the applicant.

2. Regulations on use of sea areas for sea dumping in Vietnam

Regulations on use of sea areas for sea dumping according to Article 14 of Decree 11/2021/ND-CP are as follows:

- If an organization or individual is eligible to be issued with or extend the sea dumping permit; amend the sea dumping permit in the case of change of the boundary or size of the sea area used for dumping, the competent authority that has the power to issue, extend and amend the sea dumping permit shall issue both sea dumping permit and decision on sea area assignment to the organization or individual.

The organization or individual is not required to submit an application for sea area assignment or extension of assignment duration or amendment to the decision on sea area assignment; the competent authority shall consider deciding to assign a sea area, extend assignment duration or amend the decision on assignment of a sea area for sea dumping in the process of considering deciding to issue, extend or amend the sea dumping permit.

- The organization or individual assigned the sea area for sea dumping has the responsibility to pay sea area usage fees in a lump sum.

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