Decree No. 11/2021/ND-CP issued by the Government on 10 February 2021 takes effect from 30 March 2021 (“Decree 11”) and replaces Decree No. 51/2014/ND-CP dated 21 May 2014 taking effect from 15 July 2014 (“Decree 51”) on the allocation of sea areas to organizations and individuals on the exploitation and use of marine resources.
According to Article 9.4 of Decree 11, the authority to consider and approve the measurement, monitoring, investigation, survey and assessment of marine resources at sea (without allocation of sea areas) is prescribed as follows:
- Approval authority of the Ministry of Natural Resources and Environment. The Ministry of Natural Resources and Environment considers and approves the measurement, monitoring, investigation, survey and assessment of marine resources in (i) the inter-regional sea; (ii) the sea area beyond 06 nautical miles from the lowest mean sea level for many years of the mainland and islands as prescribed in Article 3.3 of Decree 11.
- Approval authority of the People’s Committee of the province. The People’s Committees of the province considers and approves the measurement, monitoring, investigation, survey and assessment of marine resources within the sea area of 06 nautical miles from the lowest mean sea level for many years of the mainland and islands as prescribed in Article 3.3 of Decree 11, except for cases under the authority to approve and consider of the Ministry of Natural Resources and Environment.
According to the draft Decree amending and supplementing a number of articles of Decree No. 40/2016/ND-CP dated 15 May 2016 detailing the implementation of a number of articles of the Law on natural resources and environment of sea and islands and Decree No. 11/2021/ND-CP dated 10 February 2021 stipulating the allocation of sea areas to organizations and individuals for the exploitation and use of marine resources proposed by the Ministry of Natural Resources and Environment (“Draft Decree”), the authority to approve the monitoring, investigation, survey and assessment of marine resources at sea is prescribed as follows:
- Ministry of Natural Resources and Environment. To approve the monitoring, investigation, survey and assessment of marine resources in (i) the sea area beyond 06 nautical miles; (ii) inter-regional sea area; (iii) sea area requested by foreign investors or foreign-invested entities for the monitoring, investigation, survey and assessment of marine resources.
- People’s Committee of the province. To approve the monitoring, investigation, survey and assessment of marine resources, except for cases under the authority of the Ministry of Natural Resources and Environment. Afterwards, the People’s Committee of the coastal province is responsible for sending a written approval of the monitoring, investigation, survey and assessment of marine resources to the Ministry of Natural Resources and Environment.
Reported by Pham Tran Bao Khanh/Nguyen Tuan Phat (Legal Department of PECC3)
