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 for the exploitation and use of marine resources.
According to Article 9.4 of Decree 11, the state authority as prescribed in Article 8 of Decree 11 considers and approves the sea area for the measurement, monitoring, investigation, survey and assessment of marine resources (without allocation of sea areas). However, Decree 11 does not have any provisions on the order and procedures for considering and approving the use of the sea area to carry out the above activities.
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 order and procedures for approving the monitoring, investigation, survey and assessment of marine resources at sea are specified as follows:
- Submitting and receiving documents. Organizations or individuals requesting monitoring, investigation, survey and assessment of marine resources submit a set of applications to the application-receiving agency (“receiving agency”) specified in Article 25.1 of Decree 11. The receiving agency examines the application within 03 working days from the day it is received. If (i) the application is complete and in accordance with the regulations, the receiving agency transfers the application to the application-appraising agency (“appraising agency”) specified in Article 25.2 of Decree 11; (ii) the application is not in accordance with the regulations, the receiving agency provides one-time written instructions for the organizations or individuals to supplement and complete.
- Collecting opinions. Within 10 working days from the date of receiving a complete application as prescribed, the competent authority is responsible for collecting opinions for the sea area under its approval authority. The consulting agency has to reply in writing within 15 working days from the date of receiving the written request for opinions and the complete application from the competent authority. If there is no written reply within the above time limit, the consulting agency is deemed to have agreed and must take responsibility for relevant issues under its management.
- Completing the application appraisal. The appraising agency is responsible for completing the application appraisal within 30 working days from the expiry date for collecting opinions. If (i) the application does not meet the requirements for consideration and approval, the appraising agency sends information to the receiving agency for a written reply stating the reasons to the organizations or individuals; (ii) the application lacks information for approval, the appraising agency sends a written request for additional information and explanation necessary to be clarified. The time for providing additional information and explanations is excluded from the time of appraisal.
- Signing the approval. Within 05 working days from the date the appraising agency submits the application, the competent authority considers and signs the written approval of monitoring, investigation, survey and assessment of marine resources at sea. In case the application is not approved by the competent authority, the appraising agency sends information to the receiving agency for a written reply to the organizations or individuals clearly stating the reason.
- Notification of approval result. Within 02 working days from the date of receiving the result of the application, the receiving agency is responsible for notifying the organizations or individuals who have submitted the application to receive the result.
- Term of approval. Not exceed 03 years.
Reported by Pham Tran Bao Khanh/Nguyen Tuan Phat (Legal Department of PECC3)
Procedures for the approval of the monitoring, investigation, survey and assessment of marine resources for offshore wind power projects
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 for the exploitation and use of marine resources.
According to Article 9.4 of Decree 11, the state authority as prescribed in Article 8 of Decree 11 considers and approves the sea area for the measurement, monitoring, investigation, survey and assessment of marine resources (without allocation of sea areas). However, Decree 11 does not have any provisions on the order and procedures for considering and approving the use of the sea area to carry out the above activities.
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 order and procedures for approving the monitoring, investigation, survey and assessment of marine resources at sea are specified as follows:
- Submitting and receiving documents. Organizations or individuals requesting monitoring, investigation, survey and assessment of marine resources submit a set of applications to the application-receiving agency (“receiving agency”) specified in Article 25.1 of Decree 11. The receiving agency examines the application within 03 working days from the day it is received. If (i) the application is complete and in accordance with the regulations, the receiving agency transfers the application to the application-appraising agency (“appraising agency”) specified in Article 25.2 of Decree 11; (ii) the application is not in accordance with the regulations, the receiving agency provides one-time written instructions for the organizations or individuals to supplement and complete.
- Collecting opinions. Within 10 working days from the date of receiving a complete application as prescribed, the competent authority is responsible for collecting opinions for the sea area under its approval authority. The consulting agency has to reply in writing within 15 working days from the date of receiving the written request for opinions and the complete application from the competent authority. If there is no written reply within the above time limit, the consulting agency is deemed to have agreed and must take responsibility for relevant issues under its management.
- Completing the application appraisal. The appraising agency is responsible for completing the application appraisal within 30 working days from the expiry date for collecting opinions. If (i) the application does not meet the requirements for consideration and approval, the appraising agency sends information to the receiving agency for a written reply stating the reasons to the organizations or individuals; (ii) the application lacks information for approval, the appraising agency sends a written request for additional information and explanation necessary to be clarified. The time for providing additional information and explanations is excluded from the time of appraisal.
- Signing the approval. Within 05 working days from the date the appraising agency submits the application, the competent authority considers and signs the written approval of monitoring, investigation, survey and assessment of marine resources at sea. In case the application is not approved by the competent authority, the appraising agency sends information to the receiving agency for a written reply to the organizations or individuals clearly stating the reason.
- Notification of approval result. Within 02 working days from the date of receiving the result of the application, the receiving agency is responsible for notifying the organizations or individuals who have submitted the application to receive the result.
- Term of approval. Not exceed 03 years.
Reported by Pham Tran Bao Khanh/Nguyen Tuan Phat (Legal Department of PECC3)
