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Regulations to licensing scientific research in Vietnam’s waters

The Government has issued a decree stipulating the granting of licences to foreign organisations and individuals to conduct scientific research in the sea areas of Vietnam as well as its exclusive economic zone and continental shelf. 

Decree No.41/2016/ND-CP stipulates eight situations that would be rejected to grant licences. 

Firstly, the scientific research activities are not for peaceful purposes, affecting the country’s sovereignty, sovereign rights and jurisdiction as well as its national defence, security, maritime interests, and order and safety at sea. 

Secondly, the activities seriously affect baseline surveys, scientific research and mineral resource exploration and exploitation which are being carried out lawfully in Vietnam’s waters. 

Thirdly, the activities involve the use of explosive material, toxic chemicals, or any means and equipment that could cause harm to humans, natural resources and the marine environment. 

Fourthly, the activities include the construction of artificial islands and offshore facilities. 

Fifthly, the information provided by foreign organisations and individuals to get scientific research licences is inaccurate or not suitable with evident truths. 

Sixthly, foreign organisations and individuals that were formerly granted licenses to conduct scientific research in Vietnam’s sea but failed to fully implement fully the country’s law and the 1982 UN Convention on the Law of the Sea (UNCLOS). 

Seventhly, the activities encompass drilling on the seabed or under the seabed, excluding those allowed by competent agencies. 

Lastly, foreign organisations and individuals that conduct scientific research in Vietnam’s internal and territorial waters refuse to cooperate with Vietnam when they are requested. 

The decree also clearly stipulates the granting, revising, supplementing, extending and re-granting of scientific research licences as well as clarifying cases that have licences suspended or reclaimed
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