Decree No. 44/2026/ND-CP on amendments to Decrees in the field of seas and islands

 

DECREE

ON AMENDMENTS TO CERTAIN ARTICLES OF DECREES IN THE FIELD OF SEAS AND ISLANDS

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Organization of Local Government No. 72/2025/QH15;

Pursuant to the Law on the Sea of Vietnam No. 18/2012/QH13 amended by the Law on Organization of Local Government No. 72/2025/QH15;

Pursuant to the Law on Marine and Island Resources and Environment No. 82/2015/QH13 amended by Law No. 35/2018/QH14, Law No. 18/2023/QH15, Law No. 61/2024/QH15;

Pursuant to the Law on Fisheries No. 18/2017/QH14;

Pursuant to the Law on amendments to 15 Laws in the field of agriculture and environment No. 146/2025/QH15;

At the request of the Minister of Agriculture and Environment;

The Government promulgates the Decree on amendments to certain articles of Decrees in the field of seas and islands, including Decree No. 40/2016/ND-CP dated May 15, 2016 of the Government on elaboration of certain articles of the Law on Marine and Island Resources and Environment amended by Decree No. 65/2025/ND-CP dated March 12, 2025; Decree No. 41/2016/ND-CP dated May 15, 2016 of the Government on licensing foreign organizations and individuals to conduct scientific research in the sea areas of Vietnam; Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on assignment of certain sea areas to organizations and individuals for use of marine resources amended by Decree No. 65/2025/ND-CP dated March 12, 2025.

Chapter I

AMENDMENTS TO CERTAIN ARTICLES OF DECREE NO. 40/2016/ND-CP DATED MAY 15, 2016 OF THE GOVERNMENT ON ELABORATION OF CERTAIN ARTICLES OF THE LAW ON MARINE AND ISLAND RESOURCES AND ENVIRONMENT AMENDED BY DECREE NO. 65/2025/ND-CP DATED MARCH 12, 2025

Article 1. Amendments to point d clause 4 Article 8:

“d) The mean lower low water line (MLLW line) of adjusted coastal shoreline segments following the completion of sea reclamation investment projects or reclamation components within investment projects; shall be reviewed, updated and adjusted to conform with the actual coastal types as prescribed at point a of this clause or when there are changes in shoreline conditions and topography affecting the published MLLW line.

The People’s Committees of province-level coastal administrative divisions shall review, determine, and propose to the Ministry of Agriculture and Environment for consideration and publication of the MLLW line of the mainland and the largest islands of special administrative zones already published; review, determine, update, adjust and publish the MLLW line of islands under their management, excluding the largest islands of such special administrative zones.”.

Article 2. Amendments to clause 2 Article 17

“2. Competence for approval and adjustment of programs:

a) The Minister of Agriculture and Environment shall approve and adjust integrated coastal resource management programs covering two or more province-level coastal administrative divisions. The Ministry of Agriculture and Environment shall send decisions on approval and adjustment of programs to relevant People’s Committees of province-level coastal administrative divisions for coordination in implementation.

b) The People’s Committees of province-level coastal administrative divisions shall approve and adjust integrated coastal resource management programs within their management scope after obtaining written opinions from the Ministry of Agriculture and Environment. The Ministry of Agriculture and Environment shall respond within 20 days from the date of receipt of complete documents and materials; the People’s Committees of province-level coastal administrative divisions shall send decisions approving the programs to the Ministry of Agriculture and Environment for monitoring and inspection.”.

Article 3. Amendments to several clauses of Article 26

1. Amendments to clause 1:

“1. The Director of the Vietnam Administration of Seas and Islands shall submit to the Minister of Agriculture and Environment for approval of the key program on fundamental survey of marine and island resources and environment.”.

2. Amendments to clause 2:

“2. Applications submitted to the Minister of Agriculture and Environment for approval of the Program include:

a) Submission requesting approval of the Program;

b) Draft Program and explanatory report;

c) Consolidated report on comments received and responses to ministries;

d) Draft decision approving the Program.”.

Article 4. Amendments to clause 1 Article 27

“1. Ministries, ministerial agencies, Government-affiliated agencies, and People’s Committees of province-level coastal administrative divisions shall, based on the approved key program on fundamental survey of marine and island resources and environment, organize formulation, approval and execution of projects, schemes and tasks assigned under the Program in accordance with law and this Decree.”.

Article 5. Amendments to point b clause 3 Article 28

“b) Periodically on an annual basis submit reports on the status of execution of assigned projects, schemes and tasks to the Ministry of Agriculture and Environment.”.

Article 6. Amendments to clause 1 Article 39

“1. Within a period not exceeding 15 days from the date of approval of the boundaries of the coastal protection corridor, the People’s Committees of province-level coastal administrative divisions shall announce the coastal protection corridor through mass media. Maps showing the boundaries of the coastal protection corridor shall be prepared in accordance with the law on surveying and mapping and must be publicly posted at the headquarters of commune-level People’s Committees, wards, and special administrative zones with sea areas where the coastal protection corridor exists and at the locations where the coastal protection corridor is established.”.

Article 7. Amendments to clause 3 Article 43

“3. Commune-level coastal People’s Committees shall:

a) Organize implementation of legal documents on management and protection of the coastal protection corridor; conduct propagation and dissemination of legal provisions on management and protection of the coastal protection corridor within their localities;

b) Apply measures to protect resources not yet utilized within the coastal protection corridor in accordance with law;

c) Participate in formulation and coordinate implementation of installation of boundary markers of the coastal protection corridor within their localities;

d) Manage and protect boundary markers of the coastal protection corridor; assume responsibility in cases of encroachment and illegal use of land within the coastal protection corridor; propose adjustments to the list of areas required to establish coastal protection corridors within their management scope;

dd) Inspect compliance with law on management and protection of the coastal protection corridor within their localities.”.

Article 8. Amendments to several clauses of Article 49

1. Amendments to point c clause 1:

“c) Sea areas proposed for use for dumping must conform with the national marine spatial planning and the master plan for sustainable utilization and use of coastal resources approved by competent authorities.

Where the national marine spatial planning and the master plan for sustainable utilization and use of coastal resources have not yet specified the scope of sea areas proposed for dumping and the People’s Committees of province-level coastal administrative divisions have not yet designated dumping areas, the determination of location, boundaries and area of sea areas for dumping shall comply with clause 4 Article 5 of Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on assignment of certain sea areas to organizations and individuals for utilization of marine resources amended by Decree No. 65/2025/ND-CP dated March 12, 2025 and technical regulations issued by the Ministry of Agriculture and Environment.”.

2. Amendments to clause 2:

“2. A permit for dumping at sea shall include the contents prescribed in clause 1 Article 59 of the Law on Marine and Island Resources and Environment No. 82/2015/QH13 amended by Law No. 35/2018/QH14, Law No. 18/2023/QH15, Law No. 61/2024/QH15, Law No. 146/2025/QH15, and shall be prepared in accordance with Form No. 11 or Form No. 11a provided in the Appendix issued together with this Decree.”.

3. Addition of clause 4:

“4. In the course of carrying out activities under the permit for dumping at sea, organizations and individuals shall notify in writing the authority that issued the permit for dumping at sea prior to undertaking such activities in the following cases:

a) Change or addition of transport means;

b) Change in the name of the organization or individual permitted for dumping at sea, or change of the project owner resulting in change of the name of the permitted organization or individual;

c) Changes to dredging and dumping activities not falling under cases requiring environmental impact assessment under the law on environmental protection.”.

Article 9. Amendments to clause 1 Article 51

“1. A permit for dumping at sea shall be considered for amendment in the following cases:

a) Increase in volume of dumped materials;

b) Change in boundaries or area of sea areas used for dumping (the scope shall not be separated from the sea area already assigned for dumping use);

c) Changes falling under cases requiring environmental impact assessment under the law on environmental protection.”.

Article 10. Amendments to Article 54

“Article 54. Applications for grant, extension, amendment and return of permits for dumping at sea

1. Applications for grant of a permit for dumping at sea include:

a) Application for grant of a permit for dumping at sea prepared in accordance with Form No. 04 provided in the Appendix issued together with this Decree;

b) Dumping project prepared in accordance with Form No. 03 or Form No. 03a provided in the Appendix issued together with this Decree;

c) Copy presented together with the original for comparison or certified copy of the decision approving the results of appraisal of the environmental impact assessment report by a competent authority; the environmental impact assessment report has been adjusted and supplemented in conformity with the contents and requirements on environmental protection stated in the decision approving the results of appraisal of the environmental impact assessment report of the competent regulatory agency in accordance with the law on environmental protection.

Where the project only involves dredging and dumping at sea, or where the authority approving the environmental impact assessment appraisal results is also the authority competent to grant the permit for dumping at sea, documents specified at this point are not required;

d) Diagram of the proposed sea area for dumping prepared in accordance with Form No. 05 issued together with Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on assignment of certain sea areas to organizations and individuals for utilization of marine resources amended by Decree No. 65/2025/ND-CP dated March 12, 2025.

2. Applications for extension of a permit for dumping at sea include:

a) Application for extension prepared in accordance with Form No. 06 provided in the Appendix issued together with this Decree;

b) Report on results of dumping activities at sea; marine environmental protection activities prepared in accordance with Form No. 15 provided in the Appendix issued together with this Decree.

3. Applications for return of a permit for dumping at sea include:

a) Application for return of a permit for dumping at sea prepared in accordance with Form No. 07 provided in the Appendix issued together with this Decree;

b) Report on results of dumping activities at sea; marine environmental protection activities prepared in accordance with Form No. 15 provided in the Appendix issued together with this Decree.

4. Applications for amendment to a permit for dumping at sea include:

a) Application for amendment to a permit for dumping at sea, clearly stating the reasons for amendment, prepared in accordance with Form No. 08 provided in the Appendix issued together with this Decree;

b) Report on results of dumping activities at sea; marine environmental protection activities prepared in accordance with Form No. 15 provided in the Appendix issued together with this Decree;

c) Copy presented together with the original for comparison or certified copy of the decision approving the results of appraisal of the environmental impact assessment report by a competent authority; the environmental impact assessment report has been adjusted and supplemented in conformity with the contents and requirements on environmental protection stated in the decision approving the results of appraisal of the environmental impact assessment report of the competent regulatory agency in accordance with the law on environmental protection.

Where the project only involves dredging and dumping at sea, or where the authority approving the results of appraisal of the environmental impact assessment report is also the competent regulatory agency for amendment to the permit for dumping at sea, documents specified at this point are not required;

d) Diagram of the sea area in cases where there is a change in boundaries or area of the sea area proposed for dumping, prepared in accordance with Form No. 05 provided in the Appendix issued together with Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on assignment of certain sea areas to organizations and individuals for utilization of marine resources amended by Decree No. 65/2025/ND-CP dated March 12, 2025.

5. Organizations and individuals are not required to submit any of the documents specified in this Article if such documents have already been integrated and digitized in the national integrated database or national databases.”.

Article 11. Amendments to several clauses of Article 55

1. Amendments to clause 1:

“1. Authorities receiving applications:

a) The Single Window Division of the Ministry of Agriculture and Environment shall receive applications for grant, extension, amendment and return of permits for dumping at sea under the competence of the Minister of Agriculture and Environment;

b) The Public Administration Service Center at the province level shall receive applications for grant, extension, amendment and return of permits for dumping at sea under the competence of the President of the province-level People’s Committee.”.

2. Amendments to clause 3:

“3. Methods for submission of applications, receipt of results of administrative procedure settlement, and application receipt shall comply with Articles 15, 17 and 22 of Decree No. 118/2025/ND-CP dated June 9, 2025 of the Government on implementation of administrative procedures under the single window and interlinked single window mechanism at the Single Window Division and the National Public Service Portal.”.

Article 12. Addition of clause 6 to Article 56

“6. Contents of environmental impact assessment of the project; consideration of contents and requirements on marine environmental protection for projects involving only dredging and dumping at sea.”.

Article 13. Amendments to Article 57

“Article 57. Procedures for grant, extension, amendment and permission for return of permits for dumping at sea

1. Within a period not exceeding 50 days for applications for grant of permits for dumping at sea; and not exceeding 30 days for applications for amendment, extension or return of permits for dumping at sea from the time when applications are fully and validly received as indicated on the application receipt and result appointment slip, the application appraisal authority shall complete appraisal in accordance with Article 56 of this Decree. Appraisal conclusions must be made in writing.

2. Where necessary, the application appraisal authority shall submit to the competent authority for decision on establishment of an appraisal council; send written requests for opinions of relevant agencies; and conduct field inspections. For projects involving only dredging and dumping at sea, establishment of an appraisal council is mandatory. Time for consultation and field inspection shall not be included in the appraisal period.

a) Where an appraisal council is established, the competent authority for grant, extension, amendment and permission for return of permits for dumping at sea shall issue a decision on establishment of the appraisal council. The appraisal council shall consist of 01 Chairperson being a leader of the appraisal authority, 01 Vice Chairperson, 01 Secretary member, 02 reviewing members and other members, of which at least one-third must have expertise related to assessment of the suitability of dumping activities to the marine environment and ecosystem. Members of the appraisal committee shall be responsible for their comments and assessments of applications for the issuance, extension, amendment, or return of permits for dumping at sea. The appraisal council shall operate on the principle of open discussion among its members. A meeting of the appraisal council shall only be conducted when at least two-thirds of its members participate (in person or online), including the Chairperson or authorized Vice Chairperson, the Secretary member and at least 01 reviewing member.

Organizations and individuals applying for grant, extension, amendment or return of permits for dumping at sea shall be invited to attend meetings of the appraisal council;

b) Where written consultation is conducted, within a period not exceeding 15 days from the date of receipt of the consultation request with complete applications, consulted agencies shall respond in writing;

c) Where necessary, the appraisal authority shall conduct field inspections, which shall not exceed 3 working days.

3. Where the application does not meet conditions for grant, extension, amendment or return of permits for dumping at sea, the appraisal authority shall return the application to the Single Window Division together with a written notification on the administrative procedure settlement information system; officials, civil servants and public employees of the Single Window Division shall close the application on the system.

Where the application lacks sufficient information for decision-making, the appraisal authority shall send a written request specifying reasons and required additional information or explanations to the organization or individual. Organizations and individuals shall submit written documents providing supplementary information and explanations to the appraisal authority within a period not exceeding 15 days from the date on which the appraisal authority issues its written request (this period shall not be included in the time limit for processing the application); after 15 days, if the organizations or individuals fail to complete the application, officials, public employees, and staff of the Single Window Division shall close the application on the administrative procedure information system. The processing time shall be recalculated from the beginning upon receipt of complete documents.

Where the application satisfies the conditions for the issuance, extension, amendment, or approval of return of the permit for dumping at sea, the appraisal authority shall submit the application to the competent person for the issuance, extension, amendment, or approval of return of the permit for dumping at sea.

4. Submission and settlement of applications shall be carried out as follows:

a) Within a period not exceeding 01 working day from the date of completion of the appraisal of the application, the appraisal authority shall submit the application to the competent person for the issuance, extension, amendment, or approval of return of the permit for dumping at sea;

b) Within a period not exceeding 03 working days from the date on which the appraisal authority submits the application, the competent person shall consider and decide on the issuance, extension, amendment, or approval of return of the permit for dumping at sea.

Where the competent person decides not to grant, extend, amend, or approve the return of the permit for dumping at sea, the appraisal authority shall return the application to the Single Window Division together with a written notification on the administrative procedure information system; officials, public employees, and staff of the Single Window Division shall close the application on the administrative procedure information system.

5. Permits for dumping at sea that have been granted, extended, amended, or approved for return shall be sent to the tax authority and other relevant state agencies.”.

Article 14. Amendments to point d clause 1 Article 66:

“d) Inspect and supervise the implementation of regulations on waste management and control of marine and island environmental pollution; provide guidance on inspection and supervision of dumping activities at sea;”.

Article 15. Amendments, replacement and annulment of certain provisions of Decree No. 40/2016/ND-CP dated May 15, 2016 of the Government on elaboration of certain articles of the Law on Marine and Island Resources and Environment amended by Decree No. 65/2025/ND-CP dated March 12, 2025

1. Replacement of certain words and phrases:

a) Replace the word “huyện” (“district”) with the word “xã” (“commune”) at point b clause 3 Article 16 and in Form No. 02 and Form No. 04 provided in the Appendix issued together with Decree No. 40/2016/ND-CP dated May 15, 2016 of the Government amended by Decree No. 65/2025/ND-CP dated March 12, 2025;

b) Replace the phrases “của các huyện đảo” (“of island districts”) and “thuộc các huyện đảo” (“under island districts”) with the phrase “thuộc đặc khu” (“under special administrative zones”) at point c clause 4 Article 8;

c) Replace the phrase “cơ quan quản lý nhà nước có thẩm quyền” (“competent state authority”) with the phrase “người có thẩm quyền” (“competent person”) at clause 2 and clause 3 Article 58, and clause 2 Article 59.

2. Amend Form No. 03 and Form No. 11; add Form No. 03a, Form No. 11a, and Form No. 15 to the Appendix promulgated together with Decree No. 40/2016/ND-CP dated May 15, 2016 of the Government on elaboration of the Law on Marine and Island Resources and Environment, as amended by Decree No. 65/2025/ND-CP dated March 12, 2025.

3. Annul a number of clauses, articles, phrases, and forms as follows:

a) Annul clause 3 Article 34; clause 2 Article 43; and Article 53;

b) Annul the phrase “cấp lại,” (“re-issuance,”) in clause 7 Article 1; Article 55; the title of Article 56; the title of Chapter VIII; and the titles in the Appendix promulgated together with Decree No. 40/2016/ND-CP dated May 15, 2016 of the Government on elaboration of the Law on Marine and Island Resources and Environment, as amended by Decree No. 65/2025/ND-CP dated March 12, 2025;

c) Annul Form No. 05 and Form No. 14 specified in the Appendix promulgated together with Decree No. 40/2016/ND-CP dated May 15, 2016 of the Government on elaboration of the Law on Marine and Island Resources and Environment, as amended by Decree No. 65/2025/ND-CP dated March 12, 2025.

Chapter II

AMENDMENTS TO A NUMBER OF ARTICLES OF DECREE NO. 41/2016/ND-CP DATED MAY 15, 2016 OF THE GOVERNMENT DETAILING THE LICENSING OF FOREIGN ORGANIZATIONS AND INDIVIDUALS TO CONDUCT SCIENTIFIC RESEARCH IN VIETNAM’S SEA AREAS

Article 16. Addition of Article 2a after Article 2 as follows:

“Article 2a. Interpretation of terms

1. The licensing authority means the Minister of Agriculture and Environment or the Chairperson of the People’s Committee of a coastal province or centrally affiliated city in accordance with Clauses 2 and 3 Article 19 of the Law on Marine and Island Resources and Environment.

2. The application-processing authority means the Ministry of Agriculture and Environment or the Chairperson of the People’s Committee of a coastal province or centrally affiliated city in accordance with the competence to grant, amend, extend, suspend or revoke decisions on licensing scientific research prescribed in Clauses 2 and 3 Article 19 of the Law on Marine and Island Resources and Environment.”.

Article 17. Amendments to Article 9

“Article 9. Methods and time limits for submission of applications

1. Foreign organizations, individuals and intergovernmental organizations shall submit applications for scientific research licensing through diplomatic channels.

In cases where foreign organizations or individuals come from countries that have not yet established diplomatic relations with Vietnam, or intergovernmental organizations do not have representative offices in Vietnam, applications shall be submitted directly to the receiving authority.

2. Time limits for submission of applications:

a) Applications for scientific research licensing must be submitted to the receiving authority with complete information as prescribed at least 6 months prior to the expected time of conducting scientific research;

b) Applications for amendment or extension of decisions on scientific research licensing must be submitted to the receiving authority at least 60 days prior to the expiry date of the licensing decision.”.

Article 18. Amendments to Article 14

“Article 14. Methods of submission of applications, receipt of applications and receipt of results of administrative procedure settlement

The methods of submission of applications, receipt of applications and receipt of results of administrative procedure settlement shall comply with Articles 15, 17 and 22 of Decree No. 118/2025/ND-CP dated June 9, 2025 of the Government on implementation of administrative procedures under the single-window and interlinked single-window mechanism at the Single Window Division and the National Public Service Portal.”.

Article 19. Amendments to clause 1 Article 18

“1. Based on appraisal results, where the application for scientific research licensing satisfies the requirements and conditions as prescribed, does not fall under any of the cases specified in Clauses 1, 2, 3, 4, 5 and Clause 6 Article 4 of this Decree, and obtains the consensus opinions of the Ministry of National Defense, the Ministry of Foreign Affairs, the Ministry of Public Security, and the Ministry of Science and Technology regarding licensing, the licensing authority shall issue a decision granting permission for foreign organizations and individuals to conduct scientific research in Vietnam’s sea areas.

Where the application for scientific research licensing does not satisfy the requirements and conditions for licensing as prescribed or falls under any of the cases specified in Clauses 1, 2, 3, 4, 5 and Clause 6 Article 4 of this Decree, the licensing authority shall issue a written notice to the foreign organization or individual refusing the license; the application-processing authority shall return the application to the Single Window Division together with such written notice on the administrative procedure information system; officials and employees of the Single Window Division shall close the application on the administrative procedure information system.

Where the application lacks sufficient information for licensing, the application-processing authority shall send a written request clearly stating the reasons, contents and information required for supplementation and explanation to the organization or individual. The organization or individual shall submit a written supplementation and explanation to the application-appraising authority within a period not exceeding 20 days from the date the application-processing authority issues the request (this period shall not be included in the application-processing time limit); after 20 days, if the organization or individual fails to complete the application, officials and employees of the Single Window Division shall close the application on the administrative procedure information system. The processing time shall be recalculated from the beginning upon receipt of complete documents.

Where the application satisfies the conditions for licensing, the licensing authority shall consider and grant the scientific research license.”.

Article 20. Amendments to Article 19

“Article 19. Decision on amendment or extension of decisions on scientific research licensing

1. After receiving a complete application for amendment or extension of a decision on scientific research licensing as prescribed, the application-processing authority shall obtain opinions from relevant authorities and conduct appraisal in accordance with Articles 15 and 17 of this Decree.

2. Within 60 days from the date of receipt of a complete application as prescribed, the licensing authority shall decide whether to approve or disapprove the amendment or extension of the scientific research licensing decision; issue a decision on amendment or extension of the scientific research licensing decision or issue a written notice in case of disapproval.

3. Where the application does not satisfy the requirements and conditions for amendment or extension as prescribed or falls under any of the cases specified in Clauses 1, 2, 3, 4, 5 and Clause 6 Article 4 of this Decree, the licensing authority shall issue a written notice to the foreign organization or individual refusing the amendment or extension; the application-processing authority shall return the application to the Single Window Division together with such written notice on the administrative procedure information system; officials and employees of the Single Window Division shall close the application on the administrative procedure information system.

Where the application lacks sufficient information for amendment or extension, the application-processing authority shall send a written request clearly stating the reasons, contents and information required for supplementation and explanation to the organization or individual. The organization or individual shall submit a written supplementation and explanation to the application-processing authority within a period not exceeding 20 days from the date the application-processing authority issues the request (this period shall not be included in the application-processing time limit); after 20 days, if the organization or individual fails to complete the application, officials and employees of the Single Window Division shall close the application on the administrative procedure information system. The processing time shall be recalculated from the beginning upon receipt of complete documents.

Where the application satisfies the conditions for amendment or extension, the licensing authority shall consider and decide on the amendment or extension of the scientific research licensing decision.

4. The application-processing authority shall send the decision on amendment or extension of the scientific research licensing decision or the written notice of disapproval to the foreign organization or individual, ministries, ministerial-level agencies, government-affiliated agencies, the People’s Committees of coastal provinces or centrally run cities, and relevant authorities.”.

Article 21. Amendments, replacement and annulment of a number of provisions of Decree No. 41/2016/ND-CP dated May 15, 2016 of the Government detailing the licensing of foreign organizations and individuals to conduct scientific research in Vietnam’s sea areas as follows:

1. Replacement of a number of terms and phrases as follows:

a) Replacement of the phrase “Bộ Tài nguyên và Môi trường” (“Ministry of Natural Resources and Environment”) with the phrase “cơ quan giải quyết hồ sơ” (“application-processing authority”) in Clause 2 and Point c Clause 3 Article 5, Clause 1 and Clause 3 Article 15, Clause 2 Article 16, Clause 2 Article 17, Clause 3 Article 18, Clause 3 and Clause 4 Article 20, Point a and Point c Clause 2, Point a and Point b Clause 5 Article 21, Point a and Point c Clause 2 Article 22, Point a and Point c Clause 1 Article 24;

b) Replacement of the phrase “Bộ Tài nguyên và Môi trường” (“Ministry of Natural Resources and Environment”) with the phrase “người có thẩm quyền cấp phép” (“licensing person”) in Clause 4 Article 15, Clause 1 Article 16, Form No. 01, Form No. 02, Form No. 03 and Form No. 09 prescribed in the Appendix promulgated together with this Decree;

c) Replacement of the phrase “Bộ Tài nguyên và Môi trường” (“Minister of Natural Resources and Environment”) with the phrase “người có thẩm quyền cấp phép” (“licensing person”) in Article 16, Clause 2 Article 18, Clause 3 Article 20, Point b Clause 2 and Point c Clause 5 Article 21, Point b Clause 2 Article 22, Form No. 02, Form No. 03 prescribed in the Appendix promulgated together with this Decree;

d) Replacement of the phrase “Bộ Tài nguyên và Môi trường” (“Minister of Natural Resources and Environment”) with the phrase “Bộ Nông nghiệp và Môi trường” (“Ministry of Agriculture and Environment”) in the title of Article 23 and Clause 4 Article 23; Point a and Point c Clause 1 Article 24; Clause 1 Article 26;

dd) Replacement of the phrase “bản đồ) (“map”) with the phrase “sơ đồ” (“diagram”) in Form No. 01 prescribed in the Appendix promulgated together with this Decree;

e) Replacement of the phrase “BTNMT” with the phrase “BTNMT/UBND” in Form No. 01, Form No. 02 and Form No. 03 prescribed in the Appendix promulgated together with this Decree.

2. Amendments to Form No. 05, Form No. 06, Form No. 07 and Form No. 08 prescribed in the Appendix promulgated together with this Decree.

3. Annulment of a number of points, clauses, articles and phrases as follows:

a) Annulment of the phrase “,cấp lại” (“, reissuance”) in the title of Chapter II, the title of Article 8 and Clause 5 Article 8, the title of Article 13; the phrase “cấp lại,” (“reissuance,”) in Article 1, Clause 1 Article 23;

b) Annulment of Clause 4 Article 8; Article 12; Clause 2 Article 13 and Form No. 04 prescribed in the Appendix promulgated together with this Decree.

Chapter III

AMENDMENTS TO A NUMBER OF ARTICLES OF DECREE NO. 11/2021/ND-CP DATED FEBRUARY 10, 2021 OF THE GOVERNMENT ON THE ALLOCATION OF CERTAIN SEA AREAS TO ORGANIZATIONS AND INDIVIDUALS FOR THE EXPLOITATION AND USE OF MARINE RESOURCES, AS AMENDED BY DECREE NO. 65/2025/ND-CP DATED MARCH 12, 2025

Article 22. Amendments to Clauses 2, 3, 4 and 5 Article 2 as follows:

“2. A sea area allocated to an organization or individual is a part of Vietnam’s sea areas with specific location, coordinates, boundaries, area, depth and elevation, determined by one or more components including the sea surface, above the sea surface, the water column, the seabed and the subsoil beneath the seabed.

3. An inter-regional sea area means a sea area covering two or more coastal provinces or centrally run cities, or having a part of its area within the maritime administrative boundaries at the provincial level and another part outside such boundaries.

4. The 03-nautical-mile sea area means the sea area whose inner boundary is the MLLW line of the mainland or islands, and whose outer boundary is a line located at a distance of 03 nautical miles from such MLLW line.

5. The 06-nautical-mile sea area means the sea area whose inner boundary is the MLLW line of the mainland or islands, and whose outer boundary is a line located at a distance of 06 nautical miles from such MLLW line.”.

Article 23. Amendments to clause 1 Article 3

“1. The boundary of a sea area is determined by a closed line consisting of straight segments connecting corner points with specific coordinates or other types of lines that define an area and have boundary points with specific coordinates, as shown on the diagram of the sea area with information and data extracted from seabed topographic maps published by the Ministry of Agriculture and Environment at an appropriate scale.”.

Article 24. Amendments to clause 5 Article 4

“5. Within a sea area, one or more organizations or individuals may be allocated for one or more purposes of use, provided that such uses do not conflict with the lawful exploitation and use of marine resources by other organizations or individuals that have been permitted to operate. Within a specific sea area, only one organization or individual shall be allocated to carry out one or more purposes of exploitation and use of marine resources.

In case of overlap or coincidence in the location and scope of sea areas proposed for allocation, the application of the organization or individual submitted first shall be processed, provided that such application is complete and valid, as indicated in the receipt of application and appointment note for result return.”

Article 25. Amendments to a number of points and clauses of Article 5 as follows:

1. Amendments to Clause 2 as follows:

“2. A document permitting the exploitation and use of marine resources issued by a competent state authority to organizations or individuals in accordance with law, except for aquaculture at sea.”.

2. Amendments to Point e Clause 4 as follows:

“e) The Chairperson of the coastal commune-level People’s Committee shall be responsible for determining the location, boundaries and area of the sea area in cases falling under its allocation competence after obtaining opinions from the Department of Agriculture and Environment, provincial-level military and public security authorities, and relevant agencies and organizations on the contents specified in Points a, b and c of this Clause during the appraisal of applications for allocation of sea areas.”.

Article 26. Amendments to clause 2 Article 5a

“2. The scope of the proposed sea area for use shall fall within the following sea areas, except where agencies, units or organizations assigned to manage such areas, or where the law provides otherwise permitting organizations or individuals to conduct exploitation and use of marine resources in such areas:

a) Areas used for national defense and security purposes;

b) Zone I protection areas of historical-cultural relics and scenic sites classified as national relics, special national relics or UNESCO-recognized world heritage sites;

c) Areas within strictly protected zones and ecological restoration zones of national parks, nature reserves, species and habitat conservation areas, landscape protection areas, important wetlands with distinctive ecosystems, high biodiversity, functions of maintaining water sources and ecological balance of national or international importance; areas with special-use forests announced in accordance with the law on environment, biodiversity and forestry;

d) Areas within marine protected areas and aquatic resource protection areas in accordance with the law on fisheries;

dd) Areas with seagrass ecosystems and coral reefs subject to special protection as identified in the National Marine Spatial Plan;

e) Areas with petroleum facilities, offshore equipment and structures, safety zones surrounding such facilities, and areas already allocated or recognized by competent state authorities.”.

Article 27. Addition of Point i Clause 1 Article 6a as follows:

“i) Agencies, units or organizations assigned to manage areas falling within the scope specified in Points b, c, d and dd Clause 2 Article 5a of this Decree, except where such agencies, units or organizations apply for allocation of sea areas.”.

Article 28. Amendments to Article 8 as follows:

“Article 8. Competence to allocate, recognize, permit return of sea areas; extend, amend decisions on allocation of sea areas; and recover sea areas

1. The Minister of Agriculture and Environment shall decide on the allocation, recognition, permission for return of sea areas; extension and amendment of decisions on allocation of sea areas; and recovery of sea areas in the following cases:

a) Sea areas located outside the provincial-level maritime administrative boundaries;

b) Inter-regional sea areas;

c) Recovery of sea areas under the allocation or recognition competence of the Minister of Agriculture and Environment.

2. The Chairperson of the People’s Committee of a coastal province or centrally affiliated city shall decide on the allocation, recognition, permission for return of sea areas; extension and amendment of decisions on allocation of sea areas; and recovery of sea areas in the following cases:

a) Sea areas located within the provincial-level maritime administrative boundaries;

b) Recovery of sea areas under the allocation or recognition competence of the provincial-level People’s Committee.

3. The Chairperson of the coastal commune-level People’s Committee shall decide on the allocation, recognition, permission for return of sea areas; extension and amendment of decisions on allocation of sea areas; and recovery of sea areas for Vietnamese individuals for aquaculture in accordance with Clause 3 Article 44 of the Law on Fisheries, as amended by Law No. 146/2025/QH15, within a scope located in the 03-nautical-mile sea area measured from the MLLW line of the mainland or islands. The allocation limit of sea areas under this Clause shall not exceed 05 hectares.

4. Where the maritime administrative boundaries at the provincial level have not yet been determined, the competence to allocate, recognize, permit return of sea areas; and to extend and amend decisions on allocation of sea areas shall be implemented as follows:

a) The Minister of Agriculture and Environment shall allocate, recognize, permit return of sea areas; and extend and amend decisions on allocation of sea areas where the scope is wholly or partially located outside the 06-nautical-mile sea area measured from the MLLW line of the mainland, or wholly or partially located outside the 06-nautical-mile sea area measured from the MLLW line of the largest island of special administrative units;

b) The Chairperson of the provincial-level People’s Committee shall allocate, recognize, permit return of sea areas; and extend and amend decisions on allocation of sea areas where the scope is wholly located within the 06-nautical-mile sea area measured from the MLLW line of the mainland, or wholly located within the 06-nautical-mile sea area measured from the MLLW line of the largest island of special administrative units; sea areas for aquaculture wholly located within the 06-nautical-mile sea area measured from the MLLW line of the mainland or wholly located within the 06-nautical-mile sea area measured from the MLLW line of islands.

5. The Chairperson of the People’s Committee of a coastal province or centrally affiliated city shall be responsible for sending decisions on allocation, recognition, permission for return of sea areas; extension and amendment of decisions on allocation of sea areas; and recovery of sea areas to the Ministry of Agriculture and Environment.  The Chairperson of the coastal commune-level People’s Committee shall be responsible for sending such decisions to the Department of Agriculture and Environment and the Vietnam Administration of Seas and Islands.”.

Article 29. Amendments to Point a Clause 1 Article 9 as follows:

“a) The organization or individual has been granted by a competent state authority a document permitting the exploitation and use of marine resources in the sea area proposed for allocation, except in cases where the organization or individual applies for allocation of a sea area for aquaculture.”.

Article 30. Amendments to a number of points and clauses of Article 13 as follows:

1. Amendments to Point d Clause 1 as follows:

“d) Changes in the permitted depth and elevation (if any); changes in the area of use of the sea area in cases where a competent authority has granted or adjusted a document permitting the exploitation and use of marine resources; changes in the area of the allocated sea area due to adjustment of the MLLW line over many years; changes in the area of the allocated sea area where a part of the sea area is recovered for national defense, security, national interests or public interests.

Organizations or individuals allocated sea areas for exploitation of non-renewable resources shall not amend such allocation in a manner that reduces the allocated sea area.”.

2. Amendments to Clause 4 as follows:

“4. The amendment to a Decision on allocation of a sea area shall be made in the form of a Decision amending the Decision on allocation of a sea area in accordance with Form No. 06a prescribed in the Appendix promulgated together with this Decree.”.

Article 31. Amendments to a number of points and clauses of Article 14a as follows:

1. Addition of Point dd Clause 4 as follows:

“dd) Other documents and materials as prescribed by specialized laws.”.

2. Amendments to Clause 5 as follows:

“5. The methods for organizations and individuals to submit applications and receive results of administrative procedure settlement; the receipt of applications; and the procedures for settlement of applications for allocation of sea areas for scientific research, measurement, monitoring, investigation, exploration and survey at sea shall comply with Articles 16, 25 and 26 of this Decree. The contents of appraisal of applications for allocation of sea areas for such activities are prescribed in Clause 6 of this Article.”.

Article 32. Amendments to a number of points and clauses of Article 15 as follows:

1. Amendments to Point b Clause 1 as follows:

“b) A copy or electronic copy of the document permitting the exploitation and use of marine resources issued by a competent state authority, except in cases where an application is made for allocation of a sea area for aquaculture;”.

2. Amendments to Points d and dd Clause 1 as follows:

“d) A diagram of the sea area proposed for allocation, showing coordinates of boundary points of the proposed sea area in accordance with Form No. 05 prescribed in the Appendix promulgated together with this Decree;

dd) An explanatory report on the use of the sea area in accordance with Form No. 14 promulgated together with this Decree; a marine aquaculture project for applications for allocation of sea areas for aquaculture in accordance with Form No. 17 prescribed in the Appendix promulgated together with this Decree.”.

3. Amendments to Clause 2 as follows:

“2. Applications for allocation of sea areas for aquaculture by Vietnamese individuals in accordance with Clause 3 Article 44 of the Law on Fisheries, as amended by Law No. 146/2025/QH15, shall include:

a) An application for allocation of a sea area, indicating coordinates of boundary points of the proposed sea area in accordance with Form No. 01 prescribed in the Appendix promulgated together with this Decree;

b) A copy of a document issued by a competent state authority permitting a Vietnamese individual to convert from nearshore fishing to aquaculture in accordance with the law on fisheries, or a document issued by a competent state authority certifying that the Vietnamese individual permanently resides in the commune and his/her main livelihood depends on income from aquaculture;

c) An aquaculture plan in accordance with Form No. 16 prescribed in the Appendix promulgated together with this Decree.”.

4. Addition of clause 4:

“4. Organizations and individuals are not required to submit any of the documents and materials prescribed in this Article if such documents and materials have been integrated and digitized in the national integrated database or national database.”.

Article 33. Amendments to Article 16 as follows:

“Article 16. Procedures for settlement of applications for allocation of sea areas

1. Within a period not exceeding 40 days for applications under the competence of the Minister of Agriculture and Environment and the Chairperson of the provincial-level People’s Committee; and not exceeding 30 days for applications under the competence of the Chairperson of the commune-level People’s Committee, from the date of receipt of a complete application as prescribed, the appraisal authority shall:

a) Complete the appraisal of the application in accordance with Clause 1 Article 27 of this Decree. The appraisal result must be made in writing;

b) Determine the specific amount of sea area use fees and other obligations to be performed by the organization or individual (if any).

2. The competent authority shall send requests for opinions on applications for allocation of sea areas as follows:

a) The Ministry of Agriculture and Environment shall seek opinions from the Ministry of National Defense, the Ministry of Public Security and the provincial-level People’s Committee where the sea area is located. Within a period not exceeding 15 days from the date of receipt of the request accompanied by complete application, the consulted authority must provide a written response. If no response is received within the above time limit, the Ministry of Agriculture and Environment shall consider and decide on the allocation of the sea area; the consulted authority shall be responsible for issues within its management scope. The time for consultation shall not be included in the application appraisal time;

b) The Chairperson of the provincial-level People’s Committee shall seek opinions from the Ministry of National Defense and the Ministry of Public Security. Within a period not exceeding 15 days from the date of receipt of the request accompanied by complete application, the consulted authority must provide a written response. If no response is received within the above time limit, the Chairperson of the provincial-level People’s Committee shall consider and decide on the allocation of the sea area; the consulted authority shall be responsible for issues within its management scope. The time for consultation shall not be included in the application appraisal time;

c) The Ministry of Agriculture and Environment; the provincial-level People’s Committee or the commune-level People’s Committee shall seek opinions from relevant authorities where required by specialized laws;

d) In cases of allocation of sea areas for aquaculture, the state management authority for fisheries shall provide opinions on the aquaculture plan or project at sea at the request of the appraisal authority or the competent authority for allocation of sea areas;

dd) Where, during the process of granting documents permitting the exploitation and use of marine resources to organizations or individuals, the competent state authority has already sought opinions from the authorities specified in Points a and b of this Clause regarding coordinates, area, purposes and duration of use of the sea area proposed for allocation, and such opinions are included in the application, the competent authority for allocation of sea areas is not required to carry out consultation procedures under Points c and d of this Clause.

3. Where necessary, the appraisal authority shall conduct on-site inspections; the duration of such inspections shall not exceed 03 working days and shall not be included in the application appraisal time.

4. Where the application does not satisfy the conditions for allocation of a sea area or falls under cases of refusal as prescribed in Article 5a of this Decree, the appraisal authority shall return the application to the Single Window Division together with a written notice on the administrative procedure information system; officials and employees of the Single Window Division shall close the application on the system.

Where the application lacks sufficient information for decision-making, the appraisal authority shall send a written request clearly stating the reasons and required supplementation and explanation. Organizations and individuals shall submit written documents providing supplementary information and explanations to the appraisal authority within a period not exceeding 15 days from the date on which the appraisal authority issues its written request (this period shall not be included in the time limit for processing the application); after 15 days, if the organizations or individuals fail to complete the application, officials, public employees, and staff of the Single Window Division shall close the application on the administrative procedure information system. The processing time shall be recalculated from the beginning upon receipt of complete documents.

Where the application satisfies the conditions, the appraisal authority shall submit it to the competent authority for allocation of the sea area.

5. Submission and settlement of applications shall be carried out as follows:

a) Within 01 working day from the completion of appraisal, the appraisal authority shall submit the application to the competent person for allocation of the sea area;

b) Within 03 working days from the date of submission, the competent person shall consider and decide on the allocation of the sea area.

Where the competent person decides not to allocate the sea area, the appraisal authority shall return the application to the Single Window Division together with a written notice on the administrative procedure information system; officials and employees of the Single Window Division shall close the application.

6. The decision on allocation of a sea area must be sent to the tax authority and relevant state authorities.”.

Article 34. Amendments to clause 2 Article 17

“2. The original of the land lease contract or the decision on land allocation or land lease with coastal water surface or sea surface, or the certificate of land use rights with coastal water surface or sea surface for cases prescribed in Clause 1 Article 10 of this Decree; a copy of the document permitting organizations or individuals to exploit and use marine resources issued by a competent state management authority for cases prescribed in Clause 2 Article 10 of this Decree.

Organizations and individuals are not required to submit any of the documents and materials prescribed in this Clause if such documents and materials have been integrated and digitized in the national integrated database or national database.”.

Article 35. Amendments to Article 18 as follows:

“Article 18. Procedures for settlement of applications for recognition of sea areas

1. Within a period not exceeding 12 days from the date of receipt of a complete application, the appraisal authority shall:

a) Complete the appraisal of the application in accordance with Clause 2 Article 27 of this Decree. The appraisal result must be made in writing;

b) Determine the specific amount of sea area use fees and other obligations to be performed by the organization or individual (if any).

2. Where necessary, the appraisal authority shall submit to the competent authority to seek opinions from relevant authorities and conduct on-site inspections. Time for consultation and field inspection shall not be included in the appraisal period.

a) Where opinions are sought, within a period not exceeding 12 days from the date of receipt of the request accompanied by the complete application, the consulted authority must provide a written response. If no response is received within the above time limit, the competent person shall consider and decide on the allocation (recognition) of the sea area; the consulted authority shall be responsible for issues within its management scope;

b) The competent person for recognition of the sea area shall send the application for recognition of the sea area to relevant authorities for their opinions where specialized laws so provide;

c) Where necessary, the appraisal authority shall conduct field inspections, which shall not exceed 3 working days.

3. Where the application does not satisfy the conditions for recognition of a sea area or falls under cases of refusal of allocation of a sea area as prescribed in Article 5a of this Decree, the application appraisal authority shall return the application to the Single Window Division together with a written notice on the administrative procedure settlement information system; officials, civil servants, public employees, and staff of the Single Window Division shall close the application on the administrative procedure settlement information system.

Where the application lacks sufficient information for decision on recognition of a sea area, the application appraisal authority shall send a written request clearly stating the reasons, contents, information required for supplementation, and explanations to the organization or individual. Organizations and individuals shall submit written documents providing supplementary information and explanations to the appraisal authority within a period not exceeding 10 days from the date on which the appraisal authority issues its written request (this period shall not be included in the time limit for processing the application); after 10 days, if the organizations or individuals fail to complete the application, officials, public employees, and staff of the Single Window Division shall close the application on the administrative procedure information system. The processing time shall be recalculated from the beginning upon receipt of complete documents.

Where the application satisfies the conditions for recognition of a sea area, the application appraisal authority shall submit the application to the competent person for recognition of the sea area.

4. Submission and settlement of applications shall be carried out as follows:

a) Within a period not exceeding 1 working day from the date of completion of appraisal of the application, the application appraisal authority shall submit the application to the competent person for recognition of the sea area;

b) Within a period not exceeding 3 working days from the date on which the application appraisal authority submits the application, the competent person for recognition of the sea area shall consider and issue a decision on allocation of the sea area.

Where the competent person decides not to recognize the sea area, the application appraisal authority shall return the application to the Single Window Division together with a written notice on the administrative procedure settlement information system; officials, civil servants, public employees, and staff of the Single Window Division shall close the application on the administrative procedure settlement information system.

5. The decision on allocation of a sea area must be sent to the tax authority and relevant state authorities.”.

Article 36. Amendments to Article 19 as follows:

“Article 19. Applications for extension of the term of allocation of sea areas

1. Application for extension of the term of allocation of a sea area in accordance with Form No. 02 prescribed in the Appendix promulgated together with this Decree.

2. Report on the status of use of the sea area in accordance with Form No. 12 prescribed in the Appendix promulgated together with this Decree in the case where an organization or individual applies for allocation of a sea area for aquaculture.

3. Copy of the document permitting the exploitation and use of marine resources that has been extended by a competent regulatory agency or remains valid, except in the case of application for extension of the term of allocation of a sea area for aquaculture.

4. Marine aquaculture plan or project in accordance with Form No. 16 or Form No. 17 prescribed in the Appendix promulgated together with this Decree in the case where an organization or individual applies for extension of the term of allocation of a sea area for aquaculture.

Organizations and individuals are not required to submit any of the documents and materials prescribed in this Article if such documents and materials have been integrated and digitized in the national integrated database or national database.

5. Organizations and individuals shall submit applications for extension of the term of allocation of a sea area at the latest 3 months before the expiry of the issued decision on allocation of the sea area.”.

Article 37. Amendments to Article 20 as follows:

“Article 20. Procedures for settlement of applications for extension of the term of use of sea areas

1. Within a period not exceeding 25 days for applications under the competence of the Minister of Agriculture and Environment and the President of the province-level People’s Committee, and 20 days for applications under the competence of the President of the commune-level People’s Committee, from the date of receipt of a complete application, the application appraisal authority shall:

a) Complete the appraisal of the application in accordance with Clause 2 Article 27 of this Decree. The appraisal result must be made in writing;

b) Determine the sea area use fee and other obligations to be performed by the organization or individual (if any).

2. Where necessary, the appraisal authority shall submit to the competent authority to seek opinions from relevant authorities and conduct on-site inspections. Time for consultation and field inspection shall not be included in the appraisal period.

a) In the case of sending written requests for opinions of relevant authorities, within a period not exceeding 14 days from the date of receipt of the request together with the complete application as prescribed, the consulted authority shall provide a written response. Where no written response is received after the above time limit, the competent person shall consider and decide on the extension of the term of use of the sea area; the consulted authority shall be responsible for issues within its management scope;

b) The competent person for extension of the term of use of the sea area shall send the application for extension of the term of use of the sea area to relevant authorities for opinions in cases where specialized laws so require;

c) In the case of application for extension of the term of use of a sea area for aquaculture, the state management authority for fisheries shall provide opinions on the marine aquaculture plan or project at the request of the application appraisal authority or the competent person for extension of the term of use of the sea area;

d) Where necessary, the application appraisal authority shall conduct on-site inspections, and the on-site inspection period shall not exceed 3 working days.

3. Where the application does not satisfy the conditions for extension of the term of use of the sea area or falls under cases of refusal of allocation of a sea area as prescribed in Article 5a of this Decree, the application appraisal authority shall return the application to the Single Window Division together with a written notice on the administrative procedure settlement information system; officials, civil servants, public employees, and staff of the Single Window Division shall close the application on the administrative procedure settlement information system.

Where the application lacks sufficient information for decision on extension of the term of use of the sea area, the application appraisal authority shall send a written request clearly stating the reasons, contents, information required for supplementation, and explanations to the organization or individual. Organizations and individuals shall submit written documents providing supplementary information and explanations to the appraisal authority within a period not exceeding 10 days from the date on which the appraisal authority issues its written request (this period shall not be included in the time limit for processing the application); after 10 days, if the organizations or individuals fail to complete the application, officials, public employees, and staff of the Single Window Division shall close the application on the administrative procedure information system. The processing time shall be recalculated from the beginning upon receipt of complete documents.

Where the application satisfies the conditions for extension of the term of use of the sea area, the application appraisal authority shall submit the application to the competent person for extension of the term of use of the sea area.

4. Submission and settlement of applications shall be carried out as follows:

a) Within a period not exceeding 1 working day from the date of completion of appraisal of the application, the application appraisal authority shall submit the application to the competent person for extension of the term of use of the sea area;

b) Within a period not exceeding 3 working days from the date on which the application appraisal authority submits the application, the competent person competent to permit extension of the term of use of the sea area shall consider and decide on the extension.

Where the competent person decides not to extend the term of use of the sea area, the application appraisal authority shall return the application to the Single Window Division together with a written notice on the administrative procedure settlement information system; officials, civil servants, public employees, and staff of the Single Window Division shall close the application on the administrative procedure settlement information system.

5. The decision on allocation of a sea area must be sent to the tax authority and relevant state authorities.”.

Article 38. Amendments to Article 22 as follows:

“Article 22. Procedures for settlement of applications for return of sea areas

1. Within a period not exceeding 20 days from the date of receipt of a complete application, the appraisal authority shall:

a) Complete the appraisal of the application in accordance with Clause 3 Article 27 of this Decree. The appraisal result must be made in writing;

b) Determine the amount of sea area use fee to be refunded (if any); and other financial obligations and obligations to be performed by the organization or individual.

2. Where necessary, the appraisal authority shall submit to the competent authority to seek opinions from relevant authorities and conduct on-site inspections. Time for consultation and field inspection shall not be included in the appraisal period.

a) In the case of sending written requests for opinions of relevant authorities, within a period not exceeding 12 days from the date of receipt of the request together with the complete application as prescribed, the consulted authority shall provide a written response. Where no written response is received after the above time limit, the competent person shall consider and decide on permission for return of the sea area; the consulted authority shall be responsible for issues within its management scope;

b) Where necessary, the application appraisal authority shall conduct on-site inspections, and the on-site inspection period shall not exceed 3 working days.

3. Where the application does not satisfy the conditions for return of the sea area, the application appraisal authority shall return the application to the Single Window Division together with a written notice on the administrative procedure settlement information system; officials, civil servants, public employees, and staff of the Single Window Division shall close the application on the administrative procedure settlement information system.

Where the application lacks sufficient information for decision on return of the sea area, the application appraisal authority shall send a written request clearly stating the reasons, contents, information required for supplementation, and explanations to the organization or individual. Organizations and individuals shall submit written documents providing supplementary information and explanations to the appraisal authority within a period not exceeding 10 days from the date on which the appraisal authority issues its written request (this period shall not be included in the time limit for processing the application); after 10 days, if the organizations or individuals fail to complete the application, officials, public employees, and staff of the Single Window Division shall close the application on the administrative procedure information system. The processing time shall be recalculated from the beginning upon receipt of complete documents.

Where the application satisfies the conditions for return of the sea area, the application appraisal authority shall submit the application to the competent person competent to permit return of the sea area.

4. Submission and settlement of applications shall be carried out as follows:

a) Within a period not exceeding 1 working day from the date of completion of appraisal of the application, the application appraisal authority shall submit the application to the competent person competent to permit return of the sea area;

b) Within a period not exceeding 3 working days from the date on which the application appraisal authority submits the application, the competent person shall decide on permission for return of the sea area.

Where the competent person decides not to permit return of the sea area, the application appraisal authority shall return the application to the Single Window Division together with a written notice on the administrative procedure settlement information system; officials, civil servants, public employees, and staff of the Single Window Division shall close the application on the administrative procedure settlement information system.

5. The decision permitting return of the sea area shall be sent to the tax authority and relevant regulatory agencies.”.

Article 39. Amendments to Article 23 as follows:

“Article 23. Applications for amendment to the Decision on allocation of sea areas

1. Application for amendment to the Decision on allocation of a sea area in accordance with Form No. 04 prescribed in the Appendix promulgated together with this Decree.

2. Marine aquaculture plan or project in accordance with Form No. 16 or Form No. 17 prescribed in the Appendix promulgated together with this Decree in the case where an organization or individual applying for allocation of a sea area for aquaculture has changes in the aquaculture plan or project.

3. Copy of the document issued by a competent regulatory agency in accordance with law showing the contents prescribed in Clause 1 Article 13 of this Decree, except in the case of application for amendment to the Decision on allocation of a sea area for aquaculture.

4. Diagram of the sea area, showing the coordinates of boundary points of the sea area proposed for allocation in accordance with Form No. 05 prescribed in the Appendix promulgated together with this Decree, in the case of change in the area of the allocated sea area.

Organizations and individuals are not required to submit any of the documents specified in this Article if such documents have already been integrated and digitized in the national integrated database or national databases.”.

Article 40. Amendments to Article 24 as follows:

“Article 24. Procedures for settlement of applications for amendment to the Decision on allocation of sea areas

1. Within a period not exceeding 25 days from the date of receipt of a complete application, the appraisal authority shall:

a) Complete the appraisal of the application in accordance with Clause 2 Article 27 of this Decree. The appraisal result must be made in writing;

b) Determine the sea area use fee and other obligations to be performed by the organization or individual (if any).

2. Where necessary, the appraisal authority shall submit to the competent authority to seek opinions from relevant authorities and conduct on-site inspections. Time for consultation and field inspection shall not be included in the appraisal period.

a) In the case of sending written requests for opinions of relevant authorities, within a period not exceeding 12 days from the date of receipt of the request together with the complete application as prescribed, the consulted authority shall provide a written response. Where no written response is received after the above time limit, the competent person shall consider and decide on amendment to the Decision on allocation of the sea area; the consulted authority shall be responsible for issues within its management scope;

b) The authority competent to amend and supplement the Decision on allocation of the sea area shall send the application for amendment to the Decision on allocation of the sea area to relevant authorities for opinions in cases where specialized laws so require;

c) In the case of application for amendment to the Decision on allocation of a sea area for aquaculture where there are changes in the marine aquaculture plan or project, the state management authority for fisheries shall provide opinions on the marine aquaculture plan or project (as amended) at the request of the application appraisal authority or the authority competent to amend and supplement the Decision on allocation of the sea area;

d) Where necessary, the application appraisal authority shall conduct on-site inspections, and the on-site inspection period shall not exceed 3 working days.

3. Where the application does not satisfy the conditions for amendment to the Decision on allocation of the sea area or falls under cases of refusal of allocation of a sea area as prescribed in Article 5a of this Decree, the application appraisal authority shall return the application to the Single Window Division together with a written notice on the administrative procedure settlement information system; officials, civil servants, public employees, and staff of the Single Window Division shall close the application on the administrative procedure settlement information system.

Where the application lacks sufficient information for decision on amendment to the Decision on allocation of the sea area, the application appraisal authority shall send a written request clearly stating the reasons, contents, information required for supplementation, and explanations to the organization or individual. Organizations and individuals shall submit written documents providing supplementary information and explanations to the appraisal authority within a period not exceeding 10 days from the date on which the appraisal authority issues its written request (this period shall not be included in the time limit for processing the application); after 10 days, if the organizations or individuals fail to complete the application, officials, public employees, and staff of the Single Window Division shall close the application on the administrative procedure information system. The processing time shall be recalculated from the beginning upon receipt of complete documents.

Where the application satisfies the conditions for amendment to the Decision on allocation of the sea area, the application appraisal authority shall submit the application to the competent person competent to amend and supplement the Decision on allocation of the sea area.

4. Submission and settlement of applications shall be carried out as follows:

a) Within a period not exceeding 1 working day from the date of completion of appraisal of the application, the application appraisal authority shall submit the application to the authority competent to allocate the sea area;

b) Within a period not exceeding 3 working days from the date on which the application appraisal authority submits the application, the competent person competent to amend and supplement the Decision on allocation of the sea area shall issue a decision amending and supplementing the Decision on allocation of the sea area.

Where the competent person decides not to amend and supplement the Decision on allocation of the sea area, the application appraisal authority shall return the application to the Single Window Division together with a written notice on the administrative procedure settlement information system; officials, civil servants, public employees, and staff of the Single Window Division shall close the application on the administrative procedure settlement information system.

5. The decision on amendments to the decision on allocation of the sea area shall be sent to the tax authority and relevant regulatory agencies.”.

Article 41. Amendments to point c clause 2 Article 25 as follows:

“c) The specialized agency of the coastal commune-level People’s Committee is the application appraisal authority for applications for allocation, recognition and return of sea areas; extension, amendment to the Decision on allocation of sea areas; and recovery of sea areas under the competence of the President of the commune-level People’s Committee.”

Article 42. Amendments to Article 26 as follows:

“Article 26. Methods of submission of applications, receipt of applications and return of results of application settlement

The methods by which organizations and individuals submit applications and receive results of administrative procedure settlement; and the receipt of applications shall comply with Articles 15, 17 and 22 of Decree No. 118/2025/ND-CP dated June 9, 2025 of the Government on implementation of administrative procedures under the single-window and interlinked single-window mechanism at the Single Window Division and the National Public Service Portal.”.

Article 43. Amendments to a number of points and clauses of Article 27 as follows:

1. Amendments to point c clause 1:

“c) Contradictions and conflicts between the proposed activities for use of marine resources and other lawful activities for use of marine resources currently permitted in the proposed sea area for allocation (if any);”.

2. Amendments to Point b Clause 2 as follows:

“b) The conformity of the proposed sea area for allocation with the planning prescribed in clause 3 Article 5 of this Decree; where no planning is available, it must conform with the contents prescribed at points a, b and c clause 4 Article 5 of this Decree.

Where the application for amendment to the Decision on allocation of sea areas falls under the cases prescribed at points a, b and dd clause 1 Article 13 of this Decree, the appraisal content prescribed at this point is not required;”.

3. Amendments to Point d Clause 2 as follows:

“d) The conformity of the proposed activity for use of marine resources with the assurance of the people’s right of access to the sea in the case of extension of the term of allocation of sea areas.”.

Article 44. Amendments to clause 5 Article 28

“5. Where the State recovers an allocated sea area for public purposes, national defense or security as prescribed at point e clause 1 of this Article, the organization or individual whose sea area is recovered shall be compensated in accordance with the following principles:

a) The State shall only provide compensation upon recovery of sea areas that have been allocated by a regulatory agency or a competent person and remain within the use term;

b) The organization or individual shall be compensated with a new sea area or by monetary compensation. Monetary compensation shall only apply where the organization or individual no longer has demand for use of a sea area or there is no remaining sea area available for compensation;

c) The State shall compensate the organization or individual with a new sea area having the same use purpose, an area equal to the recovered sea area, and a sea area use fee rate equal to that applicable to the recovered sea area at the time of recovery. In this case, after issuing the decision on recovery of the sea area, the competent person shall consider and issue a Decision on allocation of a new sea area to the organization or individual in accordance with law. The term of allocation of the new sea area shall be the remaining term of the recovered Decision on allocation of the sea area;

d) The amount of monetary compensation for the right to use the sea area shall be determined by the competent person according to the sea area use fee rate applicable at the time of issuance of the decision on recovery of the sea area;

dd) Assets shall be compensated where such assets cannot be moved to the location of the new sea area or cannot be reused. Where the organization or individual is compensated with a new sea area, the organization or individual shall be paid the cost of moving assets to the new sea area if such assets can be moved to the location of the new sea area;

e) The amount of monetary compensation for assets shall be determined based on the residual value of the assets at the time of issuance of the Decision on recovery of the sea area and shall be determined by the competent regulatory agency;

g) Where the State recovers an allocated sea area for implementation of a sea reclamation project, the recovery, compensation, support and resettlement (if any) in respect of the sea area and property attached to the allocated sea area shall comply with this Decree, the law on land and other relevant laws;

h) Compensation where the State recovers an allocated sea area for public purposes, national defense or security in respect of sea areas allocated for aquaculture shall comply with law.”

Article 45. Amendments to, replacements for, and annulment of a number of provisions of Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on allocation of certain sea areas to organizations and individuals for the use of marine resources amended by Decree No. 65/2025/ND-CP dated March 12, 2025 as follows:

1. Replacement of a number of terms and phrases as follows:

a) Replace the word “huyện” (“district”) with the word “xã” (“commune”) in the title of Article 41;

b) Replace the phrase “huyện đảo” (“island district”) with the phrase “đặc khu” (“special administrative zone”) in clause 3 and clause 4 Article 3; and clause 4 Article 39;

c) Replace the phrase “bản đồ” (“map”) with the phrase “sơ đồ” (“diagram”) in clause 3 Article 10; point d clause 1, point d clause 2 and point c clause 3 Article 15; clause 4 Article 17; clause 4 Article 21; and clause 1 Article 37.

2. Amendments to Form No. 01, Form No. 05, Form No. 06, Form No. 14 and addition of Form No. 06a, Form No. 16 and Form No. 17 in the Appendix promulgated together with Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on allocation of certain sea areas to organizations and individuals for the use of marine resources amended by Decree No. 65/2025/ND-CP dated March 12, 2025.

3. Annulment of the following clauses and phrases:

a) Annulment of clause 3 and clause 6 Article 12; clause 7 Article 14a; clause 2 and clause 4 Article 21;

b) Annulment of the phrase “một phần hoặc” (“a part of”) at clause 1 Article 12;

c) Annulment of the phrase “,trả lại một phần diện tích khu vực biển” (“return of a part of the sea area”) at clause 2 Article 38;

d) Annulment of the paragraph “Where 02 or more organizations or individuals submit applications proposing to conduct the same type of scientific research, measurement, monitoring, investigation, exploration or survey activity within the same sea area, in addition to the appraisal contents prescribed in this clause, the appraisal authority must assess and propose selection of the organization or individual for allocation of the sea area on the basis of the factors prescribed in clause 7 of this Article.” at clause 6 Article 14a.

dd) Annulment of the paragraph “- Or request return of a part of the sea area with an area of … ha out of the total area of … ha allocated under Decision on allocation of sea area No. … dated … month … year … of:  the Prime Minister/Ministry of Agriculture and Environment/province-level People’s Committee/district-level People’s Committee … on allocation of the right to use the sea area in the area … in commune …, district … province ….” in Form No. 03 prescribed in the Appendix promulgated together with Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on allocation of certain sea areas to organizations and individuals for the use of marine resources amended by Decree No. 65/2025/ND-CP dated March 12, 2025.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 46. Effectiveness

1. This Decree shall come into force on the date of signing and promulgation.

2. Annulment of Article 34; Article 35; clause 2 Article 36; and annulment of the phrase “Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on allocation of certain sea areas to organizations and individuals having demand for use of marine resources, amended by Decree No. 65/2025/ND-CP dated March 12, 2025 of the Government and” in clause 3 Article 36; and annulment of Appendix VII of Decree No. 131/2025/ND-CP dated June 12, 2025 of the Government on delineation of powers of two-level local governments in the field of state management of the Ministry of Agriculture and Environment.

3. Annulment of Article 51; Article 52; Article 53; Article 54; and Article 55 of Decree No. 136/2025/ND-CP dated June 12, 2025 of the Government on devolution and delegation in the field of agriculture and environment.

4. Replace the phrase “đảo có diện tích lớn nhất của các huyện đảo/đảo” with the phrase “đảo có diện tích lớn nhất thuộc đặc khu” at point b clause 4 Article 5 of Decree No. 65/2025/ND-CP dated March 12, 2025 of the Government on amendments to Decree No. 40/2016/ND-CP dated May 15, 2016 of the Government on elaboration of certain articles of the Law on Marine and Island Resources and Environment and Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on allocation of certain sea areas to organizations and individuals for the use of marine resources.

5. Replace the word “district” with the word “commune” at point b clause 4 Article 5 of Decree No. 65/2025/ND-CP dated March 12, 2025 of the Government on amendments to Decree No. 40/2016/ND-CP dated May 15, 2016 of the Government on elaboration of certain articles of the Law on Marine and Island Resources and Environment and Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on allocation of certain sea areas to organizations and individuals for the use of marine resources.

Article 47. Transitional provisions

1. Organizations and individuals whose applications for administrative procedure settlement were received by regulatory agencies or competent persons before the effective date of this Decree but for which no results have yet been issued shall continue to be settled in accordance with the law in force at the time of receipt, except where such organizations or individuals request implementation in accordance with this Decree.

2. Organizations and individuals that were granted scientific research licenses, marine dumping permits or Decisions on allocation of sea areas by competent regulatory agencies before this Decree comes into force and that have demand for extension, amendment or return of Decisions on scientific research licensing, marine dumping permits or Decisions on allocation of sea areas after this Decree comes into force shall comply with this Decree in respect of competence and procedures for settlement.

3. For sea areas already allocated to organizations and individuals by the Prime Minister, the Ministry of Agriculture and Environment, and formerly the Ministry of Natural Resources and Environment before this Decree comes into force, where the allocated area scope (in whole or in part) now falls within the allocation competence of the President of the province-level People’s Committee under this Decree, from the next period for payment of sea area use fees, the fee rate applicable to such area scope shall be the specific sea area use fee rate promulgated by the People’s Committee of the province where the sea area is located at the time of determination of the sea area use fee.

4. Organizations and individuals that were granted or had extended marine aquaculture licenses by competent authorities in accordance with the law on fisheries before this Decree comes into force and submit applications for allocation of sea areas for aquaculture after this Decree comes into force are not required to submit a marine aquaculture plan or project, and the application appraisal authority or the authority competent to grant or extend the Decision on allocation of sea areas is not required to seek opinions from the state management authority for fisheries regarding the aquaculture plan or aquaculture project.