1. Aquaculture licenses

Aquaculture is the process of caring for and developing carefully selected seafood species, including artificial and natural breeds, that are released into a farming environment such as ponds, cages, or rafts, and are owned throughout the farming process.

An aquaculture license is an important document issued to establishments conducting aquaculture activities. Depending on the farming model and type of aquaculture farming, this license is divided into the following categories:

• Certificate of eligibility for aquaculture at the request of organizations and individuals. This is a type of license issued based on the specific requirements of aquaculture organizations or individuals. This is a measure to ensure product quality and comply with state management, create prestige in the market, especially important for organizations and individuals who want to cultivate aquaculture at sea or in raft cages, key aquaculture objects, and foreign investors or foreign-invested economic organizations.
• Licenses for marine aquaculture for Vietnamese organizations and individuals.
• Licenses for marine aquaculture for foreign investors and foreign-invested economic organizations.

Procedures for registration with competent state agencies for cage aquaculture and key aquaculture objects. This is an important step for aquaculture on equipment such as cages and aquatic products that play a key role in aquaculture activities.

2. Competence to grant licenses for marine aquaculture

Provincial-level state management agencies in charge of fisheries shall have to carry out management activities within the administrative boundaries of the province. Specifically, the licensing is carried out within the sea area from the lowest sea-level line on average for many years to 06 nautical miles under the management of the province.

This scope helps to clearly define the limits at sea and ensures the division of interests among the organizations exercising their rights. At the same time, it also brings efficiency in the management of the province, helping to ensure that the management is carried out in the best way.

The Directorate of Fisheries is competent to grant licenses in sea areas beyond 06 nautical miles, sea areas bordering provinces and centrally-run cities, as well as sea areas located simultaneously within and outside 06 nautical miles. 

This agency is authorized to exercise the authority to grant licenses to areas not under the management of the provinces. This helps ensure efficiency in reflecting the best authority and management in the fisheries sector. In addition, the clear identification of the respective rights and obligations for the subjects is also carried out in a strict manner, ensuring that the activities carried out in the licensed area are carried out.

3. Dossiers of licensing of aquaculture at sea

An application for a farming license must comply with Form No. 29.NT Appendix III accompanying this Decree, including detailed and necessary information. In addition, the application must also provide other information as required by the competent authority.

The description of the aquaculture project is an important document, which must clearly state the ideas and orientations for the implementation of the project. In particular, it is necessary to clearly describe the capacity and orientation goals of the project, thereby reflecting the balance with needs and implementation capabilities. This information will be provided according to Form No. 30.NT Appendix III accompanying the Decree.

Documents related to environmental quality commitments and improvements include aquaculture environmental impact assessment reports, environmental protection commitments, and environmental protection plans that are appraised by competent authorities in accordance with regulations. This helps to bind obligations in ensuring effective environmental quality and implementing measures that have a positive impact on the environment.

The map of the sea area must be clearly defined, accompanied by the coordinates of the corner points of the proposed sea area. This scheme will assist in the quality management and use of marine areas, and ensure that the rights and obligations of stakeholders are properly defined and implemented.

4. Procedures for licensing aquaculture at sea for foreign investors

According to Article 38 of Decree 26/2019/ND-CP amending Clause 16, Article 1 of Decree 37/2024/ND-CP stipulating the issuance of licenses for marine aquaculture for foreign investors and foreign-invested economic organizations as follows:

– The agency competent to grant licenses for marine aquaculture to foreign investors and foreign-invested economic organizations is the Ministry of Agriculture and Rural Development.

– A dossier for licensing aquaculture at sea according to Section 3 above.

– Order of licensing aquaculture at sea:

• Organizations and individuals wishing to grant licenses for aquaculture on the border shall send dossiers to the State management agency in charge of fisheries under the Ministry of Agriculture and Rural Development;
• Within 90 days from the date of receipt of a complete dossier, the State management agency in charge of fisheries under the Ministry of Agriculture and Rural Development shall organize the appraisal of the dossier; organize field surveys in the sea area (in case of necessity); advise the Ministry of Agriculture and Rural Development to collect opinions of localities where the sea area is located, the Ministry of National Defense, the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of Natural Resources and Environment. The agency that is entitled to reply within 30 days from the date of receipt of the written request for comments, after the above time limit does not reply, is considered to agree with the contents of the consultation.

The above is the content of KALF’s consultation on procedures for licensing aquaculture at sea for foreign investors. All of our above advice is based on applicable legal regulations. If you have any questions or requests about legal issues, please contact us for timely answers.

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