The Decree 51/2014/nd-Cp: Regulating The Delivery Of Certain Sea Areas For The Organization, The Individual Exploit, Use Of Sea Resources

Original Language Title: Nghị định 51/2014/NĐ-CP: Quy định việc giao các khu vực biển nhất định cho tổ chức, cá nhân khai thác, sử dụng tài nguyên biển

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The DECREE stipulates the delivery of certain sea areas for the Organization, the individual exploit, use of sea resources _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law of the sea on 21 June 2012, Vietnam;
According to the recommendation of the Minister of natural resources and the environment, the Government issued the decree regulating the delivery of certain sea areas for the Organization, the individual exploit, use of sea resources.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the delivery of certain sea areas on the waters of Vietnam for the organization or individual to exploit marine resources use, according to the investment certificates, licenses or decided to allow mining, use of sea resources management bodies of State authority; the responsibility of the State bodies, organizations, individuals related to the delivery of sea area.
2. The delivery of sea areas to exploration, oil and gas extraction made according to the provisions of the law of oil and gas; the exploitation of fisheries, sea rental to aquaculture products made under the provisions of the law on fisheries; the delivery of the marine area to use for defense purposes, security follow the Government's own rules.
Article 2. The object of this Decree apply apply to agencies, organizations, individuals related to the delivery of sea areas, mining, use of sea resources.
Article 3. Explanation of terms In this Decree, the terms below are understood as follows;
1. certain sea area is a part of the waters of Vietnam including the water cube, the sea and the ground under the sea, there are definite boundaries, are planning to exploit the use of sea resources, in accordance with the law.
2. The Sea 3 nautical miles is the sea boundaries beyond the edge of the sea way way low for average in several years according to a parallel distance of 3 nautical miles.
3. contact the sea area is the area between two or more provinces and cities under central coast; or between the 3 knots and the region beyond 12 nautical miles.
4. Extraction, use of sea resources is the activity or use of sea resources grab resources to serve the development of the economy, social sector, ensuring the defence and security.
5. investment certificates, licenses or decided to allow mining, use of sea resources is due to the text State administration authority issued under the provisions of legal specialization allows organizations and individuals to exploit, use of sea resources in the sea areas proposals.
Article 4. Boundaries, an area of the sea areas 1. Boundaries, an area of the sea areas are identified for each specific case on the basis of the investment projects, investment certificates, licenses or the decision of the State Agency has the authority to allow exploitation of sea resources and the use of planning, planning to use the sea.
2. sea area is defined by the line segment connecting the closed point has specific coordinates and angles are shown on the chart with the appropriate rate by the Vietnam people's Navy.
Article 5. Sea area delivery principle 1. Ensuring the integrated management, interdisciplinary, unity, Union of the region; closely match between socio-economic development with the protection of the marine environment; exploiting and using effective, saving resources, protecting the marine environment and sustainable development.
2. Secure the national interests, the interests of the Organization, the individual activity of extraction, use of marine resources in the sea area to be delivered; ensuring the security, safety and protection of national sovereignty on the sea.
3. Ensure the conformity with natural law and functional use of sea area.
4. A sea area assigned to an organization, individual.
Article 6. 1 sea traffic base. The use of sea areas needs to dig, using the resources of the Organization, individual.
2. Planning, planning to use the sea has been approved by the authority. Case planning, planning to use the Sea Sea area deliveries are based on planning, local branches had been approved by the authority.
3. Natural Law, functional use of sea areas and require the protection of resources, the marine environment.
Article 7. The time limit for delivery of the marine area 1. The time limit for delivery of sea area for the organization or individual to exploit, use of sea resources are reviewed, decisions for each specific case on the basis of the recommended single handed seas area, project or scheme of extraction, use of sea resources, ensuring consistent with planning , plans to use the sea, the time limit is allowed to exploit marine resources use, according to the investment certificates, licenses or the decision of the governing body of the competent State. The time limit for delivery of sea area must not exceed 30 years, can be renewed several times, but the total extension period not exceeding 20 years.
2. where the time limit for delivery of the sea areas defined in Paragraph 1 of this article has expired, the Organization, individuals are assigned areas of the Sea still need further exploitation, use of sea resources, the State Agency has the authority to allow the continued implementation and the use of sea areas have guaranteed delivery consistent with the master plan , plans to use the Sea Sea area decisions be reviewed a new level under the provisions of this Decree.
Article 8. Finance related to the delivery of the marine area 1. The Organization, individuals are assigned to sea exploitation, use of sea resources to pay money to use the sea area under the provisions of the law.
2. Use of sea area was determined based on an area of the sea areas are allowed to use, the time limit for the use of sea areas, the type of sea resources exploitation is permitted, use.
3. The Ministry of finance, in collaboration with the Ministry of natural resources and the environment regulation methods, the method of collection, management mode and use that money to use sea area.
Article 9. The prohibited acts 1. Taking advantage of the use of sea areas affect the defense, security, national interests; the legitimate rights and interests of organizations and individuals.
2. Perform the extraction, use of sea resources, when not yet state management bodies or competent delivery of sea area.
3. Use improper purpose sea area; reclaimed, amounting to the sea; degrade the marine environment.
4. violations of planning, planning to use the sea has been approved by the authority.
5. Obstructing the activity of basic investigations, scientific research on resources, the marine environment; the operation of sea transport, mining, legal use of sea resources were State administration authorities for permission to perform in the area of the sea and other legitimate activities on the sea.
6. Provide information on illegal sea area.
7. Obstructing inspection activities, testing, supervision of the competent State organs in the process of use of sea area.
8. other prohibited acts under the provisions of the law.
Chapter II delivery, RENEW, MODIFY, complement DELIVERY of the SEA AREA, the DECISION to RETURN the article 10. The authority delegated to the sea area 1. The authority delegated to the sea area a) Prime sea-area decisions for organizations and individuals to carry out investment projects in mining, use of marine resources authority approved investment policy of the National Assembly, the Government, the Prime Minister;
b) Ministry of natural resources and environmental decision handed seas area located outside the Sea 3 nautical miles; contact the sea area, except the sea areas under the jurisdiction of the Prime Minister specified in point a of this Paragraph;
c provincial people Committee), city in coastal central decisions within the sea waters to 3 nautical miles, except the sea areas under the jurisdiction of the Prime Minister, the Ministry of natural resources and the environment are defined in Points a and b of this Paragraph.
2. State agency or authority decisions allocated sea area would then have the right to extend, modify, complement delivery of the sea area, the decision to withdraw, allowing the return of sea area.
Article 11. Delivery of sea areas 1. The delivery of sea area must meet the following conditions: a) individual organizations have been State administration authorities of investment certificates, licenses or decided to allow mining, use of sea resources in the sea areas proposals;
b) suggest sea Affairs consistent with the master plan, or sea-use planning planning, local branches had been approved by the authority in accordance with item 2 article 6 of this Decree.
2. The delivery of sea area for the Organization, the individual exploitation of sea resources used must be shown by decisions of sea area (set according to the number of Samples specified in Appendix 7 of this Decree).
3. Decisions of sea area includes the following content: a) name of organization or individual be assigned area;
b) purpose of use of sea areas;
c) location, boundaries, an area of the sea area; use depth;
d) time limit assigned area;
DD) Organization's obligations, assigned individual sea areas;
e) effect.
Article 12. Rights and obligations of the Organization, individuals are assigned areas of the Sea 1. The Organization, individuals are assigned areas of the sea have the following rights: a) is used for sea areas assigned to exploit marine resources use, according to the investment certificates, licenses or decided to allow mining, use of sea resources management bodies of State authority;
b) recommend renewal, return of sea area, an area of the Sea region sections, modify, complement delivery of the decision;
c) used the data, information relating to the marine sector is allocated according to the provisions of the law;
d) compensation, assistance when State regulators have the authority to revoke the order to use sea area serves the purpose of security, defense, national interests as defined by law;
DD) appeal, petitioner decided to communicate sea area, decided to extend, amend, complement delivery of the decision; the decision revoking the region;
e) other rights prescribed by law.
2. organizations and individuals was delivered to the sea area has the following obligations: a) sea area use to be delivered properly the purpose prescribed in decisions of sea area; non-transferable right to use sea areas are assigned to the Organization, the other individual;

b) Only conducted operations, use of marine resources within the marine area assigned;
c) make payment of fees prescribed by the law and the financial obligations related to the use of sea areas under the provisions of this Decree and the provisions of other relevant laws;
d) marine environment protection; report, provide information on the situation of use of sea areas, mining, use of marine resources in the sea area to be allocated to the State Agency has the authority under the provisions of the law;
DD) subject to inspection, supervision of the competent State organs in the process of use of sea areas to exploit, use of marine resources;
e) not hinder fundamental investigation activities, scientific research on resources, the marine environment; the operation of sea transport, mining, legal use of sea resources were State administration authorities for permission to perform in the area of the sea and other legitimate activities on the sea as prescribed;
g) Not be conducting activities affecting security, national sovereignty on the sea in the sea area to be delivered;
h) other obligations prescribed by law.
Article 13. Extension of the time limit for delivery of the marine area 1. The extension of the time limit for delivery of the sea areas are consideration when it meets the following conditions: a) investment certificates, licenses or decided to allow mining, use of sea resources has been the State Agency has the authority to extend;
b) Organization, personal use of sea area for your purposes; the full implementation of the provisions on the protection of the marine environment in accordance with the law;
c) to recommend renewal, individual organizations have made adequate financial obligations prescribed by law;
d) organizations, individuals wishing to extend the time limit for delivery of sea area must submit the application prescribed in clause 2 article 16 of this Decree to the agency receiving records when decisions of sea area is valid for at least 60 days.
2. The deadline extension decisions are reviewed sea areas for each specific case, of sure fit with planning, planning to use the sea, the time limit is allowed to continue to exploit marine resources use, according to the investment certificate, license or permit mining decision the use of sea resources, the agency authorized State management. The approved extension is shown by the new level of sea area allocation decisions.
Article 14. Modification, additional decisions of sea areas 1. The decision handed the sea area is modified and supplemented in the following cases: a) to change the Organization, individuals are allowed to exploit, use the resources of the sea;
b) change the name of the organization or individual is allowed to exploit, use the resources of the sea;
c) changing the scale, the area of extraction, use of sea resources lead to changing an area of sea area.
2. The amendments and supplements of decision delivered the only sea areas are consideration when meets the following requirements: a) individual organizations suggested modifying and supplementing decisions of sea area had already filed application prescribed in clause 4 Article 16 of this Decree to the agency receiving the record;
b) to propose amendments, additional decisions of sea area, organization, individual sea areas have been allocated to fulfill the obligations prescribed in points a, b, c and d, item 2 article 12 of this Decree;
c) decisions of sea area.
3. The approved amendments, additional decisions already sea level is represented by the new grant decisions of sea area. The time limit for delivery of the rest of the period is the decision delivered earlier.
Article 15. The return of sea areas 1. The Organization, individuals are returned to a part or the entire sea area are delivered when there is no need to continue using.
2. The return of sea areas are State agency or authority approved sea traffic according to the following rules: a) the case of organizations, individuals offered the entire sea area, the approved return was shown by the decision to allow the return of sea area (set according to the Model specified in annex 10 of this Decree);
b) where individual organizations offered a section of sea area, the approved return represented by the new grant decisions of sea area for the remaining sea areas.
Article 16. The records suggest, renew, return, modification, additional decisions of sea areas 1. Records suggest that the sea areas including delivery: a) petition delivered to the sea area (set according to the model No. 1 in Appendix provisions of this Decree);
b) investment certificates, licenses or decided to allow mining, use of sea resources in the sea area suggest the Agency's traffic management of the competent State;
c) assessment report on the environmental impact, a committed environmental protection operations, use of marine resources in the sea area suggest delivery is the State governing body approved by the authority;
d) map of sea area suggest the intersection (set under model number specified in Appendix 6 of this Decree).
2. suggested renewal records include: a) renewal application decisions sea area (set under model number specified in Appendix 2 of this Decree);
b) sea area allocation decisions have been issued;
c) investment certificates, licenses or decided to allow mining, use of sea resources has been the State Agency has the authority to extend;
d) situation report, results of operations, the use of marine resources; environmental protection and the implementation of the obligations prescribed in item 2 article 12 of this Decree as of the time of the proposed extension.
3. return records include: sea area a) petition to return the area to the Sea (set under model number specified in Appendix 3 of this Decree);
b) sea area allocation decisions have been issued;
c) map areas of sea demonstrated use of sea areas in case of returning the part of sea area (set under model number specified in Appendix 6 of this Decree);
d) situation report, results of operations, the use of marine resources; environmental protection and the implementation of the obligations prescribed in item 2 article 12 of this Decree as of the time of return.
4. The records suggested, additional decisions including: sea area a) petition to modify, complement delivery of sea area decision (set under model number specified in annex 4 of this Decree);
b) sea area allocation decisions have been issued;
c) The content of the provisions in clause 1 of this Decree, article 14 was the State Agency has the authority to approve and express in investment certificates, licenses or decided to allow mining, use of sea resources;
d) map of sea areas in the event of a change in the boundary of sea area (set under model number specified in Appendix 6 of this Decree);
DD) situation report, results of operations, the use of marine resources; environmental protection and the implementation of the obligations prescribed in item 2 article 12 of this Decree as of the time of submission of the revised proposal, added.
Article 17. Receiver records suggest, renewals, modifications, additional decisions, return the Sea Sea area 1. The General Department of Sea and Islands Vietnam is the agency receiving records suggest, renew, modify, complement delivery of the sea area, the decision to pay back the authority of the Prime Minister, the Ministry of natural resources and the environment.
2. The Department of environment and natural resources is the agency receiving records suggest, renew, modify, complement delivery of the sea area, the decision to return the area to the sea under the jurisdiction of provincial people's committees, the central cities.
Article 18. Form of reception, charged the results resolve records suggest, renew, modify, complement delivery of the sea area, the decision to return the area to the Sea 1. Recommended records, renewals, modifications, additional decisions sea area, sea area returns be filed directly or sent by post to the agency receiving the records specified in article 17 of this Decree.
2. The results resolve the profile are made directly at the agency receiving records.
Article 19. Profile assessment content proposal delivered, renewals, modifications, additional decisions, return the Sea Sea area 1. The adequacy of the form and the content of the profile.
2. Conformity of the proposed sea area with the planning, the planned use of the sea; the compatibility of mining operations, using the expected sea resources made with natural law and functional use of sea area.
3. The contradictions, conflicts between mining activities, the use of sea resources is expected to perform with the mining activity, the use of sea resources are allowed to proceed in the area suggested sea transport (if available).
4. the suitability of the solution to environmental protection in the exploitation of marine resources, the use of sea areas in the proposal.
Article 20. The order and delivery procedures implementation, extension, modification, additional decisions, return the Sea Sea area 1. The reception profile as follows: a) individual organizations recommendations delivered sea area, renewal of decisions of sea area, suggest modifications, additional decisions sea area, return the part or the entire sea area filed 2 sets of records to the agency receiving records. The case resumes sent by post, the date the profile was on the post office moved to the agency receiving the record;
b) within a period not exceeding 10 working days from the date of the application, the agency receiving records is responsible for checking components, the content of the profile. The case resumes in accordance with regulations, the receiver records issued the text reception and appointment to resolve (set according to the Model specified in annex No. 12 of this Decree). Case records are not yet properly defined, the Agency receives the record guide once written for individual organizations to complement, perfection.
2. The evaluation of records as follows:

Within a period not exceeding 45 days for the recommended delivery records of sea area; not more than 30 days for the record suggest the extension of sea area delivery decision, return the part or the entire sea area; no more than 20 days for profile modification proposal, additional decisions of sea area since the date of receiving the written record, the agency receiving records is responsible for: a) completed the evaluation of records according to the content of the provisions of article 19 of this Decree. The evaluation results must be established in writing.
b) where necessary, the agency receiving records sent the text of the opinions of relevant authorities, testing organization (time, testing is not included in the evaluation period). Within a period of not more than 20 days from the date of the writing of the opinion the agency receiving records, the Agency is taking comments are responsible to answer in writing on the issues involved;
b) determine the financial obligation that the Organization, the individual must make.
3. The process, resolve the profile as follows: a) within a period not exceeding 10 working days from the date of completion of the evaluation, the agency receiving records is responsible for the records for the State agency or authority assigned area;
b) within a period not exceeding 7 working days from the date the Agency receives the record profile, State agency or authority assigned area, decision review sea Affairs, renewed, allowed to return a portion or the entire sea area, modification, additional decisions of sea area. In the absence of a decision must then respond in writing and stating the reason.
4. Notice and pay the profile results in the time not exceeding 5 working days from the date of receiving the results solve of records from State authorities or competent delivery of sea area, the agency receiving the notification profile for the Organization, individuals have to apply to get results and perform the relevant obligations under the regulations.
Chapter III RECOVERY of SEA AREA, TERMINATED EFFECTIVE DECISIONS article 21 SEA AREA. Recovered sea areas 1. The sea area is revoked in the following cases: a) Organization, the individual was given the advantage of the use of sea areas affect the defense, security, national interests;
b) sea area has delivered is used to serve the purpose of Defense, security, national interests as defined by law;
c) Organization, personal use of sea area left the planning, planning to use the sea has been approved by the authority;
d) investment certificates, licenses or decided to allow mining, use of marine resources is revoked or after 12 months from the date assigned to the sea area in which the Organization, individuals are assigned no sea deployment operations, use of sea resources, except in cases of force majeure as defined by the law.
2. The recovery of sea area as defined in points a, c and d of Paragraph 1 of this article is made according to the following sequence: a) within a period not exceeding 30 days from the date of the conclusion of the competent State organs of the Organization, the individual was given sea area in violation of the provisions of the point a c and d, Paragraph 1 of this article, the agency receiving records is responsible for assessment, address verification when necessary and the State management agency or authority decided the recovery of sea area;
b) within a period of not more than 10 days from the date of the receiver's sheet records, State agency or authority assigned the review, revocation decisions;
c) within a period not exceeding 10 working days from the date of the State agency or authority decision to revoke, the agency receiving records is responsible for sending the decision withdrawing the sea area for organizations, individuals and announced the recovery of the sea area to the relevant agencies.
3. The recovery of sea area as defined in point b of Paragraph 1 of this article shall be as follows: a) within a period of no more than 20 days from the date the competent State Agency decided to use sea area was assigned to serve the purpose of Defense, security, national interests the receiving Agency, responsible for setting profile sheets the process state management bodies or competent delivery of sea area a decision revoking the region;
b) within a period of not more than 10 days from the date of the receiver's sheet records, State agency or authority assigned the decision revoking the region;
c) within a period not exceeding 10 working days from the date of the State agency or authority the decision withdrawing the sea area, the agency receiving records is responsible for sending the revocation decision for the Organization, personal and announce the withdrawal to the relevant agencies.
4. The recovery of sea area was shown by the decision (set according to the Model defined in annex 11 of this Decree).
5. The case of recovered sea area as defined in point b of Paragraph 1 of this article, the Organization, the individual is deliveries supported sea area, compensation prescribed by the law.
Article 22. Cessation of effect decisions of sea areas 1. Decisions to terminate the sea effect in the event of one of the following cases: a) sea area is revoked;
b) decisions of sea area expires;
c) sea area is allowed to return;
d) organizations, individuals are assigned areas of the sea is dissolved or bankrupt under the provisions of the law.
2. When decisions of sea area was terminated in force according to the provisions in clause 1 of this article, the Organization, the individual was given the responsible sea areas handle works, mining equipment, use of marine resources and environmental recovery, improvement in the area of the sea is delivered according to the provisions of legal specialization and report the results to the governing body State or delegated authority for sea area to check the results.
Chapter IV LIABILITY of the AGENCY in the DELIVERY, RENEWED, REVOKED, ALLOW RETURN, modification, additional DECISIONS Article 23 SEA AREA. The responsibility of the Ministry of natural resources and the environment 1. To help the Government implement the integrated management system, for the delivery of the marine sector to exploit the use of sea resources.
2. Perform the delivery, renewed, revoked, allow the return of a part or the entire sea area, modified, additional decisions of sea area in accordance with the provisions of this Decree; works closely with the State Agency has the authority to allow the extraction, use of resources of the sea and other bodies involved in the implementation process.
3. construction, management of information systems; data about traffic, the use of sea areas on nationwide.
4. Inspection, checking for compliance with the provisions of the law on the use of sea areas, delivered on nationwide; resolve the dispute about the use of sea areas under the jurisdiction assigned under the provisions of the law.
5. General, reviews the situation of affairs, use of sea areas during nationwide Prime report six months and annually.
Article 24. The responsibility of the provincial people's Committee, city in coastal Central 1. Make the delivery, renewed, revoked, allow the return of a part or the entire sea area, modified, additional decisions of sea area in accordance with the provisions of this Decree; works closely with the State Agency has the authority to allow the extraction, use of resources of the sea and other bodies involved in the implementation process: 2. Managing the use of sea areas to exploit marine resources use; building, management information systems, data transport, use of sea areas in the locality.
3. General, reviews the situation of affairs, use of sea areas under the jurisdiction of environment and natural resources Ministry sent six months and annually.
4. Inspection, checking for compliance with the provisions of the law on the use of sea areas in the locality; resolve the dispute about the use of sea areas under the jurisdiction of local local delivery in accordance with the law.
Article 25. The responsibility of the relevant agencies 1. The State Agency has the authority to allow investment, exploitation, use of sea resources when investment certificates, licenses or decided to allow mining, use of sea resources responsibly and consistent with State administration competent delivery of sea area coordinates , boundaries, an area of the sea area where the expected exploitation, use of sea resources.
2. The Department of Defense is responsible for providing naval map specified in Clause 2 4 of this Decree for State administration competent delivery of sea area to serve the sea area management and delivery the use of sea areas of the organizations and individuals.
Chapter V PROVISIONS Enacted 26. Handle forward 1. The sea area is being held, personal use to exploit marine resources use, according to the investment certificates, licenses or decided to allow mining, use of sea resources are the State administration authorities before the Decree has effect, if consistent with the master plan , plans to use the sea using sea areas which up to expiry of the licence or the decision to allow mining, use of sea resources.
2. organizations and individuals, exploitation, use of sea resources specified in paragraph 1 of this article to send reports using the enclosed sea area map of sea areas that are used for State agency or authority assigned the review, acknowledged. The recognition expressed in decisions of sea area.
Article 27 effect 1. The Decree has effect from the date of July 15, 2014.
2. The Minister of natural resources and environment is responsible for checking the implementation of this Decree.
3. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, and city in coastal Central is responsible for enforcing this./Facilities.