Procedures for sea area assignment in Vietnam

Procedures for sea area assignment in Vietnam (Internet image) 

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

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

1. Application for assignment of sea area

- Application includes:

+ Application for assignment of sea area according to Form No. 01 issued with Decree 11/2021/ND-CP or Decision 4193/QD-BTNMT in 2023;

+ Copy of one of the following documents: citizen identification number or Personal identification number;

+ Copy of a document from a competent state agency allowing Vietnamese individuals to convert from inshore fishing to aquaculture in accordance with the law on fisheries or confirmation from the commune-level People's Committee that the Vietnamese individual permanently resides in the area whose livelihood mainly depends on income from aquaculture.

- Vietnamese individuals who are granted written permission by a competent state agency to exploit and use marine resources in accordance with the law after July 15, 2014, but the competent state agency has not yet decided to allocate land, lease land with coastal water surface, sea water surface, or allocate sea area according to the provisions of the law must submit documents requesting the assignment of sea areas according to the provisions of Clause 2, Article 15 of Decree 11/2021/ND-CP or Decision 4193/QD-BTNMT of 2023.

2. Procedures for sea area assignment in Vietnam

- Step 1: Submit application:

A Vietnamese individual requesting the allocation of a sea area for aquaculture shall submit 01 set of documents to the Department of Receiving and Returning Results of 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 the 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 for supplementation and completion.

- Step 3: Appraise the documents:

The Department of Natural Resources and Environment appraises 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 along with a sea area diagram prepared according to Form No. 09 issued together with the Appendix to 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 results receiving and returning department under the district People's Committee (or district-level Department of Natural Resources and Environment) notifies Vietnamese individuals to receive results and perform related obligations.

3. Time limit for resolving requests for sea area assignment 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.

In case of necessity, the dossier appraisal agency sends documents to seek opinions from relevant agencies; Within no more than 15 working days from the date of receiving the written opinion, the agency receiving opinions is responsible for responding in writing. The time for consultation and field inspection is not included in the time for appraising the dossier.

- Appraisal deadline:

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.

- Deadline for submitting and processing documents:

+ Time limit for submitting documents: no more than three (03) working days from the 13th day of completion of the appraisal;

+ Time limit for reviewing and processing dossiers: no more than five (05) working days from the date the district Department of Natural Resources and Environment submits the dossier;

+ Time limit for notification and return of dossier results: no more than two (02) working days from the date of receiving the results of handling the sea area assignment dossier from the district-level People's Committee.

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