The duration of sea area allocation is considered and decided in each specific case based on the request for sea area allocation and investment project.The maximum duration for sea area allocation must not exceed 30 years, which can beextended for many times, but the total extension period must not exceed 20years.
With projects with more-than-30-year investment licences, the duration of seaarea allocation will be considered at over 30 years, but it should notexceed the duration listed in the investment licences.
According to the Decree, when the sea area allocation duration expires whileorganisations or individuals want to continue exploiting marineresources, competent authorities should consider the allocation for them if theyare able to show a valid marine resource exploitation document, and their useof the sea area in accordance with regulated planning.
Organisations and individuals with allocated sea areas have the right to usethe areas for marine resource exploitation; propose the extension of allocation duration, the return of the sea areas, and the amendments and supplements to sea area allocation decisions; use information and data related to the allocated seaareas as provided by the law; receive compensation when competent statemanagement agencies recover the sea areas for defence and security purposes; andcomplain or begin lawsuits when their legitimate interests are violated.
Regarding their obligations, organisations and individuals must use the allocated areas for proper purposes. They are not allowed to encroach the sea, violatethe approved planning, destroy the sea ecosystem, and carry out activities thataffect the nation’s defence, security, sovereignty and benefits. Additionally,they must not hinder basic surveys, inspections and scientific researchactivities.
The decree also defines financial issues related to sea area allocation.Accordingly, organisations and individuals must pay sea area use levies before they use the sea areas./.