On May 21, 2014, the Government issued the Decree No. 51/2014/ND-CP providing the assignment of given sea areas to organizations and individuals for marine resource exploitation and use with the maximum duration is 30 years.
The maximum sea area assignment duration can be extended for many times, but the total extension duration must not exceed 20 years and must satisfy below conditions to get the consideration such as The investment certificates, marine resource exploitation or use permits or decisions have been extended by competent state management agencies; organizations or individuals use the sea areas for the proper purposes; fully observe regulations on marine environment protection; by the time of proposing the extension, organizations or individuals have fulfilled their financial obligations as provided by law; and the organizations or individuals that demand the sea area assignment duration extension must submit complete dossiers to the dossier-receiving agencies when the sea area assignment decisions remain valid for at least 60 days.
Organizations and individuals that are assigned sea areas for marine resource exploitation and use shall pay the seaarea use levy under law. The sea area use levy is determined on the basis of the sea acreages permitted for use, the sea area use duration and types of marine resource allowed for exploitation or use.
Besides, the Decree also details some prohibited acts as abusing the use of sea areas to affect national defense or security, national interests, legitimate rights and interests of other organizations and individuals; exploiting or using marine resources without being assigned sea areas by competent state management agencies or authorities; using sea areas for improper purposes; encroaching upon, occupying the sea, destroying the marine environment; violating the sea use master plans and plans already approved by competent authorities and obstructing activities of basic surveys, scientific research of marine resources and environment; activities of marine navigation, lawful marine resource exploitation and use permitted by competent state management agencies in the assigned sea areas and other lawful activities on the sea as provided by law….
This Decree takes effect on July 15, 2014.
