The Government issued Decree No. 65/2025/ND-CP amending and supplementing a number of articles of Decree No. 40/2016/ND-CP dated May 15, 2016 detailing the implementation of a number of articles of the Law on Marine and Island Resources and Environment and Decree No. 11/2021/ND-CP dated February 10, 2021 regulating the assignment of certain sea areas to organizations and individuals for exploitation and use of marine resources.
Supplementing regulations on adjusting the List of areas where coastal protection corridors must be established
The Government issued Decree No. 65/2025/ND-CP amending and supplementing a number of articles of Decree No. 40/2016/ND-CP dated May 15, 2016 detailing the implementation of a number of articles of the Law on Marine and Island Resources and Environment and Decree No. 11/2021/ND-CP dated February 10, 2021 regulating the assignment of certain sea areas to organizations and individuals for exploitation and use of marine resources.
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| The coastal protection corridor boundary is adjusted to comply with the Master Plan for exploitation and sustainable use of coastal resources. |
In particular, Decree No. 65/2025/ND-CP adds Article 35a after Article 35 of Decree No. 40/2016/ND-CP regulating the adjustment of the List of areas where coastal protection corridors must be established.
According to the new regulations, the List of areas where coastal protection corridors must be established will be considered and adjusted in the following cases:
- Due to requirements of national defense, security; disaster prevention and control;
- Due to the impact of natural disasters or force majeure cases as prescribed by civil law, the coastal protection corridor area no longer meets the objectives and requirements specified in Clause 1, Article 23 of the Law on Marine and Island Resources and Environment;
- Adjust to comply with the Master Plan for exploitation and sustainable use of coastal resources and the Provincial Plan approved by competent authorities;
- Changing land use purposes for socio-economic development, for national and public interests in cases of land recovery according to the provisions of the Land Law;
- Add areas where coastal protection corridors need to be established when meeting the objectives and requirements specified in Clause 1, Article 23 of the Law on Marine and Island Resources and Environment.
Decree No. 65/2025/ND-CP clearly states that the adjustment, consultation with relevant agencies, organizations, individuals and communities; approval of the adjustment of the List of areas requiring the establishment of coastal protection corridors is carried out in the same way as the establishment of the List of areas requiring the establishment of coastal protection corridors as prescribed in Articles 31, 32, 33, 34 and 35 of this Decree.
Cases where coastal protection corridor boundaries are adjusted
At the same time, Decree No. 65/2025/ND-CP also amends and supplements Clause 1, Article 40 of Decree No. 40/2016/ND-CP on adjusting the boundaries of coastal protection corridors.
According to the new regulations, the coastal protection corridor boundary is considered and adjusted in the following cases:
- Due to requirements of national defense, security; disaster prevention and control;
- There are large fluctuations in the average high tide level over many years in the area where the coastal protection corridor is established;
- Due to the impact of natural disasters or force majeure cases as prescribed by civil law, a part of the coastal protection corridor area no longer meets the objectives and requirements specified in Clause 1, Article 23 of the Law on Marine and Island Resources and Environment;
- Adjust to comply with the Master Plan for exploitation and sustainable use of coastal resources and the Provincial Plan approved by competent authorities;
- Changing land use purposes for socio-economic development, for national and public interests in cases of land recovery according to the provisions of the Land Law.
Authority to appraise application for sea dumping permit
Regarding the agency receiving and appraising dossiers; the form of receiving and returning results of handling dossiers requesting the issuance, re-issuance, extension, amendment, supplementation, and return of Sea Dumping Permits, Decree No. 65/2025/ND-CP stipulates:
The agency receiving applications for granting, re-granting, extending, amending, supplementing, and returning Sea Dumping Permits is the competent agency receiving applications for handing over, returning sea areas; extending, amending, and supplementing the Decision on handing over sea areas according to the provisions of Clause 1, Article 25 of Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government regulating the handover of certain sea areas to organizations and individuals for exploitation and use of marine resources.
Document appraisal agency:
The Vietnam Administration of Seas and Islands is the agency that appraises applications for granting, re-granting, extending, amending, supplementing, and returning Sea Dumping Permits under the authority of the Ministry of Agriculture and Environment.
The Department of Agriculture and Environment is the agency that appraises applications for granting, re-granting, extending, amending, supplementing, and returning Sea Dumping Permits under the authority of the Provincial People's Committee.
The form of receiving and returning the results of handling dossiers is prescribed in Article 26 of Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government regulating the assignment of certain sea areas to organizations and individuals for exploitation and use of marine resources.
The above regulation takes effect from May 2, 2025.
Source: https://baodautu.vn/bo-sung-quy-dinh-ve-dieu-chinh-danh-muc-cac-khu-vuc-phai-thiet-lap-hanh-lang-bao-ve-bo-bien-d253938.html
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