Procedures for returning sea areas in Vietnam

Procedures for returning sea areas in Vietnam (Internet image)

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

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

1. Application for return of sea area in Vietnam

- Application for return of sea area according to Form No. 03 issued with the Appendix of Decree 11/2021/ND/CP;

- Original copy of the decision to assign the sea area that has been issued;

- Report on the use of the sea area, environmental protection, and the implementation of obligations according to the law up to the time of submitting the application to return the sea area;

- Diagram of the remaining sea area after returning a part of the sea area (in case of returning a part of the sea area).

2. Procedure for returning the sea area in Vietnam

- Step 1: submit application:

Vietnamese individuals requesting to return the sea area must submit 01 set of documents to the Receiving and Returning Results Department for handling administrative procedures 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 will be issued, and an appointment to handle the dossier will be made 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 provide written instructions for the Vietnamese individual to supplement and complete.

- Step 3: appraise the documents: Department of Natural Resources and Environment appraises the dossier. In cases of necessity, the Department of Natural Resources and Environment shall submit to the competent authority a decision to establish a Dossier Appraisal Council; send documents to seek opinions from relevant agencies; and organize field inspection.

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

+ The Department of Natural Resources and Environment submits to the District People's Committee a decision to allow the return of the sea area, accompanied by Form No. 09 issued with the Appendix of Decree 11/2021/ND/CP (in case of return of part of the sea area);

+ The competent authority allowing the return of the sea area shall consider and issue a decision allowing the return of the sea area or part of the sea area. If a decision is not made, there must be a written response clearly stating the reason.

- Step 5: Notifying and returning dossier results: The Receiving and Returning Results Department handles administrative procedures under the district People's Committee. After receiving the results of processing the dossier, it is responsible for notifying the Vietnamese individual who submitted the dossier to receive the results and perform relevant obligations according to regulations.

3. Time limit for resolving requests to return sea areas in Vietnam

- Time limit for checking documents:

No more than three (03) working days, the receiving agency is responsible for checking the documents. 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 20 working days for requests to return part of the sea area or within no more than 15 working days for requests to return the entire sea area, from the date of receiving the complete dossier, the district-level Department of Natural Resources and Environment is responsible for evaluating the dossier; In case of necessity, submit to the district-level People's Committee to decide to establish a dossier appraisal council and 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

- Deadline 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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