📋 Tender Overview
The Government has issued Decree No. 44/2026/ND-CP amending and supplementing a number of articles of Decrees in the field of sea and islands. Download the new Regulations on cases of refusal to assign sea areas. Decree 44/2026/ND-CP includes 4 Chapters 47 Articles, which amend and supplement a number of articles of 3 Decrees: Decree No. 40/2016/ND-CP detailing the implementation of a number of articles of the Law on Natural Resources and Environment of Sea and Islands; Decree No. 41/2016/ND-CP details the licensing of foreign organizations and individuals to conduct scientific research in Vietnamese waters and Decree No. 11/2021/ND-CP regulates the allocation of certain sea areas to organizations and individuals to exploit and use marine resources. Notably, Decree 44/2026/ND-CP amends and supplements a number of articles in Decree No. 11/2021/ND-CP on principles of sea area allocation; cases of refusal to assign sea areas; authority to assign, recognize, and allow the return of marine areas; extend, amend and supplement the Decision on sea area assignment; reclaiming marine areas; Order and procedures for handling dossiers requesting assignment of sea areas. In one sea area, only one organization or individual shall be assigned to exploit and use marine resources. In particular, Decree 44/2026/ND-CP amends and supplements Clause 5, Article 4 to add principles for exploitation in one sea area and principles for resolving overlaps in proposed sea locations. Accordingly, a sea area can be assigned to one or more organizations and individuals to carry out one or more uses but must not conflict with the legal exploitation and use of marine resources that other organizations and individuals are currently allowed to conduct. On a sea area, only one organization or individual will be assigned to carry out one or more purposes of exploiting and using marine resources. In case there is an overlap or overlap in the location and scope of the sea area proposed for allocation, the dossier submitted by the organization or individual who submits first shall be resolved for a complete and valid dossier, shown on the application receipt and appointment to return the results. Clearly and strictly regulate cases of refusal to hand over sea areas. At the same time, the Decree 44/2026/ND-CP amending and supplementing Clause 2, Article 5a to ensure specificity, clarity, and strictness in the provisions of law for cases of refusal to assign sea areas. Decree 44/2026/ND-CP stipulates refusal to assign sea areas in cases where the scope of sea areas proposed for use is within the sea areas below, except in cases where agencies, units, and organizations are assigned to manage or the law allows organizations and individuals to carry out activities to exploit and use marine resources in these areas: - Areas used for defense and security purposes; - Protection area I of historical-cultural relics and scenic spots ranked as national relics, special national relics, and relics recognized by UNESCO as world heritage sites; - Areas within strict protection zones and ecological restoration zones of national parks, nature reserves, species-habitat conservation zones, landscape protection zones, important wetlands with specific ecosystems, high biodiversity, and the function of maintaining water sources and ecological balance of national and international importance; Areas with special-use forests have been announced according to the provisions of law on environment, biodiversity, and forestry; - Areas belonging to marine conservation zones and aquatic resources protection zones according to the provisions of law on fisheries; - Areas with seagrass ecosystems and coral reefs in areas needing special protection identified in the National Marine Spatial Plan; - Areas with oil and gas projects, equipment and structures at sea, safety zones around these projects and areas that have been assigned and recognized as marine areas by competent state agencies. Change in authority to extend, amend and supplement the Decision on assignment of marine areas In order to simplify administrative procedures, be consistent and consistent with the provisions of the Fisheries Law and strengthen decentralization and decentralization of power to localities, Decree 44/2026/ND-CP has amended Change and supplement Article 8 on the authority to assign, recognize and allow the return of sea areas; extend, amend and supplement the Decision on sea area assignment; recovery of marine areas. According to new regulations, the Minister of Agriculture and Environment decides to assign, recognize, and allow the return of marine areas; extend, amend and supplement the Decision on assignment of sea areas and recovery of sea areas in the following cases: - The sea area has a scope outside the boundary of provincial-level administrative management of the sea; - Inter-regional sea areas; - Recovery of sea areas under the authority of assignment and recognition of the Minister of Agriculture and Environment. Chairman of the Peoples Committee of the province or centrally run city with the sea decides to assign, recognize, and allow the return of sea areas; extend, amend and supplement the Decision on assignment of sea areas and recovery of sea areas in the following cases: - Sea areas within the maritime administrative management boundaries of provinces and centrally run cities; - Revocation of sea areas under the assignment and recognition authority of the Chairman of the Provincial Peoples Committee. ChairmanThe Chairman of the Peoples Committee of the commune where the sea is located decides to assign, recognize and allow the return of the sea area; extend, amend and supplement the Decision on sea area assignment; recover sea areas for Vietnamese individuals for aquaculture according to the provisions of Clause 3, Article 44 of the Law on Fisheries amended and supplemented by Law No. 146/2025/QH15 with a scope within the sea area of 03 nautical miles from the
