SUBJECT MUST APPLY FOR DECISION OF SEA AREA ASSIGNMENT
As Article 2 of Decree 51/2014/ND-CP, the subjects that must apply for approval for the Decision of sea area asignment are agencies, organizations and individuals involved in the assignment of sea areas, marine resource exploitation and use.
TIME FOR APPLICATION OF DECISION OF SEA AREA ASSIGNMENT
The project owner needs to prepare a dossier for the decision of sea area assignment prior to the exploitation and use of marine resources.
SEA AREA ASSIGNMENT DURATION
According to Clause 1, Article 7, Decree 51/2014/ND-CP, the maximum sea area assignment duration must not exceed 30 years, which can be extended for many times, but the total extension duration must nó exceed 20 years.
THE AUTHORITY AGENCY FOR SEA AREA ASSIGNMENT
According to Clause 1, Article 10 of Decree 51/2014/ND-CP, the authority agency for sea area assignment is:
- The Prime Minister decides to assign sea areas to organizations orr individuals for implementation of invesment projeects on marine resource exploitation or use, which fall under the invesment undertaking – approving competence of the National Assembly, the Government or the Prime Minister;
- The Ministry of Natural Resources and Environment decides to assign sea areas lying outside the 3-nautical mile sea regions; the inter-regions, excluding the sea areas under the assignment jurisdiction of the Prime Minister as regulated.
- The People’s Committees of coastal provinces or centrally run cities decide to assign sea areas within the scope of the 3-nautical mile-sea regions, excluding the sea areas under the assignment jurisdiction of the Prime Minister or the Ministry of Natural Resources and Environment as regulated.
DOSSIER OF APPLICATION FOR SEA AREA ASSIGNMENT
According to Clause 1, Article 16, Decree 51/2014/ND-CP, the dossiers for decision of sea area assignment include:
- The written request for assignment of the sea area
- Investment registration certificate, lisence or decision for exploition, use of marine resources in the sea area proposed for assignment of the authority agencies
- EIA report, environmental protection commitment for exploitation, use of marine resources in the sea area proposed for assignment which is approved by the authority agencies
- Map of sea area proposed for assignment (prepared according to the Form 06 as regulated in Appendix of Decree 51/2014/ND-CP)
FEE FOR SEA AREA ASSIGNMENT
The project owner must pay fee for using the marine area before using it according to the provisions of Joint Circular No. 198/2015/TTLT-BTC-BTNMT or in the decision of each province.
The fee framework for payment of sea area exploiting and using the marine resources for each group specified in Article 5 of Joint Circular No. 198/2015/TTLT-BTC-BTNMT is stipulated as follows:
- Group 1: Using the sea areas for exploitation of energy from wind, wave, tide and ocean current: The price framework for use of sea area from 3,000,000 dong/ha/year to 7,500,000 dong/ha/year;
- Group 2: Using the sea areas for building the underground pipeline system, installation of telecommunications cable and electric cable: The price framework for use of sea area from 4,000,000 dong/ha/year to 7,500,000 dong/ha/year;
- Group 3: Using the sea areas for the building of above ground and underground, artificial islands, civil construction works at sea and reclamation activities: The price framework for use of sea area from 5,000,000 dong/ha/year to 7,500,000 dong/ha/year;
- Group 4: Using the sea areas for seaport waters, floating ports, oil and gas ports and other ports and landing stages (including: the waters in front of wharves, ship turn waters, anchorage area, transshipment area, pilot reception area, quarantine area, area used for building of seaport channels and other ancillary works), waters used for operation of ship repair and building facilities, building of fishing port and fishing landing stage; waters used for entertainment, recreation, passenger embarkation and disembarkation, overnight anchorage area of tourist ships; exploration and exploitation of mineral products and sea water to cool the plants; salvage of objects and archeology: The price framework for use of sea area from 6,000,000 dong/ha/year to 7,500,000 dong/ha/year;
- Group 5: Using the sea areas for dumping of dredged mud: The money for use of sea area must be paid for dumping of dredged mud is 7,500,000 dong/ha/year. When the state modify the price framework for money for use of sea area, the unit price to calculate the money for use of sea area for dumping of dredged mud is also modified and is defined at the highest level in the price framework to calculate the money for use of sea area upon modification.
- Group 6: Other sea area using activities: The price framework for use of sea area from 3,000,000 dong/ha/year to 7,500,000 dong/ha/year;
VIECA’S EXPERIENCE
VIECA is a unit with a lot of experience and advantages in sea-related projects such as sinking, seaport construction, sea encroachment … thanks to the following factors:
- Being a member unit of Vinacontrol Group with high reputation and professionalism
- Extensive experience in coordinating and working with central and local government agencies.