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MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 09/VBHN-BNNPTNT
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Hanoi, October 25, 2023
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DECREE
ELABORATION OF SOME ARTICLES OF LAW ON IRRIGATION
Government's Decree No.
67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on
Irrigation, which comes into force from July 01, 2018 is amended by:
Government’s Decree No.
08/2022/ND-CP dated January 10, 2022 on elaboration of some Articles of the Law
on Environmental Protection, which comes into force from January 10,
2022;
Government's Decree No.
40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of
Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some
Articles of the Law on Irrigation, which comes into force from August 15,
2023.
Pursuant to the Law on
Government Organization dated June 19, 2015;
Pursuant to the Law on
Irrigation dated June 19, 2017;
At the request of the
Minister of Agriculture and Rural Development;
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Chapter
I
GENERAL
PROVISIONS
Article
1. Scope
This Decree provides for categorization
and grading of hydraulic works, irrigation or water resource management
projects; capacity of irrigation and water resource project operators;
authority over, procedures and processes for issuance, re-issuance, renewal,
modification, suspension and revocation of permits or licenses for trade or
business within the protected areas of hydraulic, irrigation or water resource
management projects or structures.
Article
2. Regulated entities
This Decree applies to
Vietnamese entities and persons; foreign entities and persons participating in
hydraulic or irrigation-related activities within the territory of the
Socialist Republic of Vietnam.
Article
3. Definition of terms
In this Decree, the terms
below are construed as follows:
1. “System of irrigation
works” refers to a system composed of irrigation works or projects directly
related to each other in terms of operation and protection thereof in a
particular region.
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3. “Dam” refers to
a structure built to raise water level or connected with other facilities to
create a reservoir.
4. “Embankment”
refers to a construction work used for segmenting and retaining water to
protect a particular area.
5. [2] (Annulled)
Chapter
II
CATEGORIZATION
AND GRADING OF IRRIGATION AND HYDRAULIC PROJECTS
Article
4. Categorization of irrigation projects [3]
Irrigation projects
specified in Clause 2 of Article 16 in the Law on Irrigation are categorized
specifically as follows:
1. Dams and reservoirs
are categorized as prescribed in Article 3 of the Government’s Decree No.
114/2018/ND-CP dated September 04, 2018 on dam and reservoir safety management.
2. Drainage pumping
stations and dual-purpose pumping stations for irrigation and drainage:
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b) A pumping station is
categorized as a medium pumping station when it has total capacity ranging from
3.600 m3/h to under 72.000 m3/h;
c) A pumping station is
categorized as a small pumping station when it has total capacity of less than
3.600 m3/h.
3. Irrigation pumping
stations:
a) A pumping station is
categorized as a large pumping station when it has the minimum total capacity
of 12.000 m3/h or more;
b) A pumping station is
categorized as a medium pumping station when it has total capacity ranging from
2.000 m3/h to less than 12.000 m3/h;
c) A pumping station is
categorized as a small pumping station when it has total capacity of less than
2.000 m3/h.
4. Culverts:
a) A culvert is
categorized as a large one if its floodgate has total width of:
at least 20 m in the
Mekong Delta;
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b) A culvert is categorized
as a medium one if its floodgate has total width ranging:
between 3 m and less than
20 m in the Mekong Delta;
between 1,5 m and less
than 10 m in other regions;
c) A culvert is
categorized as a small one if its floodgate has total width of:
less than 3 m in the
Mekong Delta;
less than 1,5 m in other
regions.
d) Dam culverts are
categorized by type of dam or reservoir.
5. Drainage systems,
irrigation systems, drainage and irrigation systems, including:
a) Any large irrigation
canal, ditch, flume, watercourse, tunnel, siphon or canal bridge that has:
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the minimum carrying
capacity of at least 20 m3/s or the minimum bed width of at least 10
m in other regions.
b) Any medium irrigation
canal, ditch, flume, watercourse, tunnel, siphon or canal bridge that has:
the minimum carrying
capacity ranging from 3 m3/s to less than 50 m3/s or the
minimum bed width ranging from 5 m to less than 20 m in the Mekong Delta;
the minimum carrying
capacity ranging from 1,5 m3/s to less than 20 m3/s or
the minimum bed width ranging from 3 m to less than 10 m in other regions.
c) Any small irrigation canal,
ditch, flume, watercourse, tunnel, siphon or canal bridge that has:
the minimum carrying
capacity of less than 3 m3/s or the minimum bed width of less than 5
m in the Mekong Delta;
the carrying capacity of
less than 1,5 m3/s or the bed width of less than 3 m in other
regions.
6. Water supply and
irrigation systems:
a) Any large irrigation
canal, ditch, flume, watercourse, tunnel, siphon or canal bridge that has:
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the minimum carrying
capacity of at least 10 m3/s or the minimum bed width of at least 5
m in other regions.
b) Any medium irrigation
canal, ditch, flume, watercourse, tunnel, siphon or canal bridge that has:
the minimum carrying capacity
ranging from 1 m3/s to less than 20 m3/s or the minimum
bed width ranging from 1 m to less than 10 m in the Mekong Delta;
the minimum carrying
capacity ranging from 0,5 m3/s to less than 10 m3/s or
the minimum bed width ranging from 0,5 m to less than 5 m in other regions.
c) Any small irrigation
canal, ditch, flume, watercourse, tunnel, siphon or canal bridge that has:
the minimum carrying
capacity of less than 1 m3/s or the minimum bed width of less than 1
m in the Mekong Delta;
the carrying capacity of
less than 0,5 m3/s or the bed width of less than 0,5 m in other
regions.
7. Pipelines:
a) A pipeline is
categorized as a large pipeline when it has the minimum carrying capacity of
1,5 m3/s or the minimum internal diameter of 1.000 mm;
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c) A pipeline is
categorized as a small pipeline when it has the carrying capacity of less than
0,025 m3/s or the internal diameter of less than 100 mm.
8. Irrigation
embankments:
a) An embankment is
categorized as a large one if its flood protected area is at least 10.000 ha;
b) An embankment is
categorized as a medium one if its flood protected area ranges from 500 ha to
less than 10.000 ha;
c) An embankment is
categorized as a small one if its flood protected area is less than 500 ha.
9. Irrigation systems:
a) Large irrigation
system which is a system serving the function of watering arable land or
draining or releasing irrigation water for land covering a minimum geographical
area of at least 20.000 ha;
b) Medium irrigation
system which is a system serving the function of watering arable land or
draining or releasing irrigation water for land covering a minimum geographical
area ranging from 2.000 ha to less than 20.000 ha;
c) Small irrigation
system which is a system serving the function of watering arable land or
draining or releasing irrigation water for land covering a minimum geographical
area of less than 2.000 ha.
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Irrigation project
grading is to serve purposes of producing construction designs and managing
other activities specified in standards and national technical regulations and
other relevant regulatory provisions.
1. Irrigation projects
shall be graded according to the following principles:
a) Irrigation and
hydraulic construction works or projects are graded by their hydraulic
capacity, water retention capacity, technical specifications and geological
conditions of foundations of components of hydraulic headworks. The accepted
grade of an irrigation or hydraulic project is the highest grade amongst those
determined according to each of the aforesaid grading criteria.
b) A headwork shall be
graded according to the grade of the irrigation and hydraulic project. The
grade of a water conveyance system is less than or equal to the grade of the headwork
and descends according to the extent of decrease in water distribution areas.
The inferior water conveyance system is graded one place below the superior
one.
2. Grades of irrigation
and hydraulic projects are specified in Appendix II hereto.
Chapter
III
REGULATORY
PROVISIONS REGARDING COMPETENCE AND QUALIFICATION REQUIREMENTS OF ENTITIES AND
PERSONS OPERATING AND MANAGING IRRIGATION AND HYDRAULIC PROJECTS
Article
6. General requirements for entities or persons operating and managing
irrigation and hydraulic projects
1. As an enterprise, it
must hold the Business Registration Certificate.
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a) Their internal rules
or statutes must be accredited by competent authorities in accordance with the
Law on Cooperatives, the Civil Code and other relevant regulatory provisions;
b) They must keep their
own machinery in place and hire operators meeting professional qualification
requirements prescribed herein, and adaptable to technical specifications or
measurements of the irrigation and hydraulic projects under their mandate.
3. Persons operating and
managing irrigation and hydraulic projects must meet the following
requirements:
a) They must have full
capacity for performing civil acts in accordance with law regulations and be
responsible for their assigned duties;
b) They must hold
academic degrees or certificates of completion of training courses according to
engineering requirements of irrigation and hydraulic projects that they are
authorized to operate or manage.
4. Hiring and placement
of personnel, installation and provision of equipment needed for operation and
management of small irrigation and hydraulic projects shall adhere to the
safety and efficiency principles and conform to regulatory provisions in force.
Article
7. Requirements for specialized divisions of irrigation project operating and
managing enterprises
1. An irrigation project
operating and managing enterprise shall be structured into the following
divisions:
a) Division in charge of
irrigation and hydraulic projects;
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c) Division in charge of
economic issues.
2. In addition to those
prescribed in Clause 1 of this Article, an enterprise conducting other service
business shall keep a division in charge of such business in place.
3. Specialized divisions
referred to in Clause 1 of this Article shall employ 70% of personnel obtaining
at least undergraduate degrees in the relevant majors.
Article
8. Minimum competence and qualification requirements of entities and
persons operating dams and reservoirs
[4]
1. Each dam or reservoir
of critical importance shall be operated and managed by at least 07 engineers
majoring in irrigation, including at least 02 of them gaining at least 05
years' experience in management and operation of dams or reservoirs and
provided with training or refresher courses in dam or reservoir management and
operation.
2. Regarding large dams
and reservoirs:
a) The dam or reservoir
having the water carrying capacity of at least 50.000.000 m3 must be
operated and managed by at least 05 engineers majoring in irrigation, including
at least 02 of them gaining at least 05 years' experience in management and
operation of dams or reservoirs and provided with training or refresher courses
in dam or reservoir management and operation;
b) The dam or reservoir
having the water carrying capacity ranging from 10.000.000 m3 to
under 50.000.000 m3 shall be operated and managed by at least 03
engineers majoring in irrigation, including at least 01 of them gaining at
least 05 years' experience in management and operation of dams or reservoirs
and provided with training or refresher courses in dam or reservoir management
and operation;
c) The remaining large
dams and reservoirs, except for the ones specified in Points a and b of this
Clause shall be operated and managed by 02 engineers majoring in irrigation and
provided with training or refresher courses in dam or reservoir management and
operation.
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a) The dam or reservoir
having the water carrying capacity ranging from 1.000.000 m3 to less
than 3.000.000 m3 shall be operated and managed by at least 01
engineer majoring in irrigation and provided with training or refresher courses
in dam or reservoir management and operation;
b) The remaining medium
dams and reservoirs, except for the ones specified in Point a of this Clause
shall be operated and managed by at least 01 person obtaining a Level 5 of VQF
Advanced Diploma in irrigation and provided with training or refresher courses
in dam or reservoir management and operation.
4. The small dam or
reservoir shall be operated and managed by at least 01 graduate from the high
school education program or 01 worker graduating from certificate II or higher
qualification who has been provided with training or refresher courses in dam
or reservoir management.”
Article
9. Minimum competence and qualification requirements of entities and
persons operating stationary electrical pumping stations [5]
1. Large electrical
dual-purpose pumping stations for irrigation and drainage:
a) Regarding an
electrical pumping station fitted with pump units, each of which has the
capacity of at least 11.000 m3/h, it must be run by at least 01
engineer majoring in irrigation and 01 engineer majoring in mechanical and
electrical engineering who have gained at least 03 years’ experience in pump
management and operation;
b) Regarding an
electrical pumping station fitted with pump units, each of which has the
capacity ranging between 8.000 m3/h and less than 11.000 m3/h,
it must be run by at least 01 engineer majoring in irrigation or mechanical and
electrical engineering who has gained at least 02 years’ experience in pump
management and operation;
c) Regarding an
electrical pumping station fitted with pump units, each of which has the
capacity ranging between 4.000 m3/h and less than 8.000 m3/h,
it must be run by at least 01 engineer majoring in irrigation or mechanical and
electrical engineering who has gained at least 01 year’s experience in pump
management and operation.
2. Medium electrical
dual-purpose pumping stations for irrigation and drainage:
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b) Regarding an
electrical pumping station fitted with pump units, each of which has the
capacity ranging between 8.000 m3/h and less than 11.000 m3/h,
it must be run by at least 02 persons obtaining a Level 4 of VQF Diploma in
irrigation or mechanical and electrical engineering and gaining at least 03
years’ experience in pump management and operation;
c) Regarding an
electrical pumping station fitted with pump units, each of which has the
capacity ranging between 4.000 m3/h and less than 8.000 m3/h,
it must be run by at least 02 persons obtaining a Level 4 of VQF Diploma in
irrigation or mechanical and electrical engineering and gaining at least 03
years’ experience in pump management and operation;
d) Regarding an
electrical pumping station fitted with pump units, each of which has the
capacity ranging between 1.000 m3/h and less than 4.000 m3/h,
it must be run by at least 01 person obtaining a Level 4 of VQF Diploma in
irrigation or mechanical and electrical engineering and gaining at least 03
years’ experience in pump management and operation.
3. Small electrical
dual-purpose pumping stations for irrigation and drainage:
a) Regarding an
electrical pumping station fitted with pump units, each of which has the
capacity ranging between 1.000 m3/h and less than 4.000 m3/h,
it must be run by at least 01 worker majoring in irrigation or mechanical and
electrical engineering and gaining at least 02 years’ experience in pump
management and operation;
b) Regarding an
electrical pumping station fitted with pump units, each of which has the
capacity ranging between 540 m3/h and less than 1.000 m3/h,
it must be run by at least 01 person obtaining a junior high school diploma and
gaining at least 01 year’s experience in pump management and operation.
4. Irrigation pumping
stations:
a) For large irrigation
pumping stations having the minimum total capacity of 72.000 m3/h or
more, Clause 1 of this Article shall apply;
b) For large irrigation
pumping stations having total capacity ranging from 12.000 m3/h to
less than 72.000 m3/h and irrigation pumping stations having total
capacity ranging from 3.600 m3/h to less than 12.000 m3/h,
Clause 2 of this Article shall apply;
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5. In addition to the
mandatory positions specified in Clauses 1 to 4 of this Article, other
positions for each pumping station shall be determined using the
techno-economic norms approved by a competent authority.
Article
10. Minimum competence and qualification requirements of entities and
persons operating and managing culvert headworks and water conveyance systems
1. Regarding
special-grade, grade-I and grade-II dyke culverts [6]; electric large-river
tidal barriers [7]:
a) Each special-grade,
grade-I and grade-II dyke culvert; each electric large-river tidal barrier must
be operated and managed by 01 engineer trained in the irrigation and hydraulics
major, or 01 electromechanics engineer; 01 graduate from the electromechanics
certificate program at the headwork who has gained at least 03 years’
experience in management and operation of culverts and tide surge barriers;
b) Carrying out
regulatory provisions of law on dykes.
2. For other types of
culvert with the minimum floodgate width of 0,5 m; irrigation canals, ditches,
flumes, watercourses, tunnels, canal bridges having the minimum water carrying
capacity of 0,3 m3/s or the minimum bed width of 0,5 m; pipelines
having the minimum water carrying capacity of 0,02 m3/s or the
minimum pipe diameter of 150 mm, personnel shall be engaged according to the
size and goals of each structure to ensure that they are trained in relevant
majors or have appropriate qualification; and are subject to the minimum
requirement concerning graduation from high school[8].
Article
11. Training in management and operation of irrigation works [9]
1. Training institutions
having appropriate functions, duties and expertise are permitted to provide
training, re-training or refresher courses in improvement of knowledge, skills
and competencies for individuals in charge of management and operation of
irrigation works and management of dams.
2. The Ministry of
Agriculture and Rural Development shall formulate and adopt plans and
curriculums that training institutions and local authorities can use in
training courses or programs in management and operation of irrigation works.
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1. Entities and persons
engaged in operating and managing hydraulic and irrigation projects must have
capacity according to the size and technical specifications of projects in
accordance with this Decree; must bear legal liability for consequences and
loss or damage caused by failure to satisfy competence requirements.
2. Every five years,
persons directly performing tasks of managing and operating hydraulic and
irrigation projects, managing dams and reservoirs must attend training courses
on improvement of competencies in managing and operating hydraulic and
irrigation projects, dams or reservoirs.
3[10]. For organizations
authorized to operate various types of headworks, their personnel in charge of
management and operation is permitted to follow part-time working principle
provided that they satisfy regulations on work and rest hours under labor law
and fully comply with competence requirements for operation of assigned works.
4. In addition to
compliance with competence requirements specified herein, entities and persons
operating hydraulic and irrigation structures or projects that are engaged in
other production and business sectors must ensure compliance with competence
requirements to be applied to these sectors in accordance with regulatory
provisions of relevant law.
5. Specialized state
agencies in charge of irrigation and hydraulics shall inspect and supervise
compliance with competence regulations to be applied to operators of hydraulic
and irrigation projects and structures in accordance with this Decree.
Chapter
IV
ISSUANCE OF
PERMITS AND LICENSES FOR ACCESS TO PROTECTED AREAS OF HYDRAULIC AND IRRIGATION
PROJECTS AND STRUCTURES
Article
13. Licenses and permits for activities within the protected areas of hydraulic
and irrigation projects and structures
Each license/permit is
issued to carry out activities within the protected areas of hydraulic and
irrigation projects and structures, including:
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2. Setting up terminals
and yards for gathering and assembling raw materials, fuels, physical inputs,
supplies and equipment;
3. Drilling or digging
for geological survey purposes; exploring, extracting or quarrying minerals,
building materials and groundwater;
4. [11] (Annulled)
5. Growing perennial
crops;
6. Carrying out
activities related to tourism, sports, scientific research, business and
services;
7. Carrying out activities
related to inland watercraft and road vehicles, except for motorcycles and
non-motorized inland watercraft;
8. Aquaculture and fish
farming;
9. Detonation, explosion
and other explosion methods;
10. Underground
construction.
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1. Ensure safety of
irrigation works and licensed works, protect quality of water in irrigation
works; avoid affecting functions of irrigation works, protect state interests,
legitimate rights and benefits of relevant organizations and individuals;
adhere to the principles of using multi-purpose works, using land, managing,
exploiting and protecting water resources under regulations of Law on
Irrigation, Law on Land, Law on Water Resources and other relevant regulations
of law.
2. Issue licenses or
permits intra vires, to appropriate license/permit holders and according to the
legally prescribed procedures and processes.
3. Regarding multiple
activities under the same project invested in by an organization or individual
from the stage of construction of the work to the stage of operation under the
licensing authority of the same authority, issue one license or permit only.
4. Regarding a project on
maintenance, repair, upgrade or modernization of or addition of item to an
existing irrigation work whose investment guidelines are decided by the owner
of such irrigation work, it is not required to apply for the license/permit.
Article
15. Licensing basis [13]
Issuance of licenses or
permits for activities to be carried out within the safety perimeters of
irrigation works shall be based on the following bases:
1. Functions and current
conditions of irrigation projects.
2. Irrigation planning
approved by a competent authority. In the absence of the approved planning, it
is required to rely on designs of irrigation works on condition that safety and
normal operation of irrigation works are guaranteed.
3. Compliance with
regulations in the issued licenses/permits by the applicants for license/permit
renewal.
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1. The Ministry of
Agriculture and Rural Development shall be accorded authority to issue,
reissue, renew, revise, suspend or revoke licenses or permits for the
activities specified in Clauses 1, 3, 9 and 10 of Article 13 herein within the
safety perimeters of works under its management.
2. Provincial People’s
Committees shall be accorded authority to issue, reissue, renew, revise,
suspend or revoke licenses or permits for the activities specified in Article
13 herein within the safety perimeters of works within their provinces, except
for the case mentioned in Clause 1 of this Article.
Article
17. Agencies receiving and managing dossiers, licenses or permits
1. Department of Water
Resources [15] under the Ministry of Agriculture and Rural Development shall be
given custody of dossiers, licenses or permits under the licensing authority
delegated to the Ministry.
2. Departments of
Agriculture and Rural Development shall be given custody of dossiers, licenses
or permits under the licensing authority delegated to provincial People’s
Committees.
Article
18. Validity period of licenses or permits
1. The license or permit
for activities within the protected area of an irrigation and hydraulic project
lasts for 05 years and may be extended repeatedly. Each extension may be 03
months at maximum.
2. [16] The licensing
authority shall decide to change the effective period of the permit/license in
case where safety of a hydraulic structure is threatened; activities conducted
within safety perimeters of works affecting operation of the works.
Article
19. Information shown in licenses or permits
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1. Name and address of
the license/permit holder;
2. Description of
activities to be carried out within the protected area of a project;
3. [17] Scope of
operation to be licensed;
4. [18] Scale, capacity
and primary specifications of the activities to be licensed;
5. Expiry date or
validity period;
6. Requirements
concerning activities to be carried out within the protected area of a project that
are imposed with the aim of protecting safety for a project, assuring water
quality inside a project, and implementing legitimate rights and interests of
an associated entity or person;
7. Rights and obligations
of the license/permit holder.
Article
20. Revision of licenses or permits
1. Required information
in a license or permit listed hereunder can be revised:
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b) Scale, capacity,
primary specifications of proposed activities;
c) [19] (Annulled)
2. Revision procedures:
Within the validity
period of a license or permit, the applicant for revision of the license or
permit for activities within the protected area of a project prepares the set
of documents submitted to the competent authority defined in Article 16 herein
to apply for revision thereof.
Article
21. Procedures for issuance of licenses or permits
1. Within 03 working days
of receipt of the application, the receiving agency is responsible for handling
and verifying the application; where the application is not valid yet, the
receiving agency must notify the applicant to complete the application in
accordance with regulations in force.
2. Licensing time limits:
a) With respect to the
activities specified in Clauses 1, 2, 3 and 10 of Article 13 herein:
Within 25 working days of
receipt of the valid application, the agency having competence in issuing the
license or permit must verify the application and, if all required conditions
are satisfied, must decide to issue the license or permit; in case of refusal
to issue the license or permit, must inform the applicant about reasons for
such refusal.
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c) With respect to the
activities specified in Clause 5 of Article 13 herein:
Within 10 working days of
receipt of the valid application, the agency having competence in issuing the
license or permit must verify the application and, if all required conditions
are satisfied, must decide to issue the license or permit; in case of refusal
to issue the license or permit, must inform the applicant about reasons for
such refusal.
d) With respect to the
activities specified in Clauses 6, 8 and 9 of Article 13 herein:
Within 15 working days of
receipt of the valid application, the agency having competence in issuing the
license or permit must verify the application and, if all required conditions
are satisfied, must decide to issue the license or permit; in case of refusal
to issue the license or permit, must inform the applicant about reasons for
such refusal.
dd) With respect to the
activities specified in Clause 7 of Article 13 herein:
Within 07 working days of
receipt of the valid application, the agency having competence in issuing the
license or permit must verify the application and, if all required conditions
are satisfied, must decide to issue the license or permit; in case of refusal
to issue the license or permit, must inform the applicant about reasons for
such refusal.
Article
22. Applications for licenses or permits for the activities specified in
Clauses 1, 2, 3, 5, 6, 7, 8, 9 and 10 of Article 13 herein [21]
The applicant for a
license or permit submits a set of application in person or by post or online
to the receiving agency as per Article 17 herein. The application package must
include the following documents:
1. Written request form
given in Form No. 01 in the Appendix III hereto.
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3. A report on assessment
of impacts of activities on operation and safety of the irrigation work.
4. Written comments of
the organization or individual operating the work on impacts of activities on
management, operation and safety of the irrigation work by such organization or
individual.
5. A copy of the motor
vehicle or inland waterway vehicle registration certificate for the activity specified
in Clause 7 Article 13 herein.
6. A copy of the license
for blasting services for the activity specified in Clause 9 Article 13 herein.
7. With regard to an
investment project executed within the safety perimeter of the irrigation work,
the application package must also include the following documents:
a) A copy of the
establishment decision or copy of the enterprise registration certificate;
b) Copies of the
decisions on approval for planning, investment guidelines and investment
project;
c) A copy of the
environmental impact assessment report or environmental protection plan
approved by the competent authority under regulations of law on environmental
protection;
d) A copy of the
notification of appraisal of fundamental design and design drawing of the
project;
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Article
23. [22] (Annulled)
Article
24. [23] (Annulled)
Article
25. [24] (Annulled)
Article
26. [25] (Annulled)
Article
27. [26] (Annulled)
Article
28. Applications for approval for renewal and revision of licenses or permits [27]
The applicant for
approval for renewal or revision of a license or permit submits a set of
application in person or by post or online to the receiving agency as per
Article 17 herein. The application package must include the following
documents:
1. Written request form
given in Form No. 02 in the Appendix III hereto.
2. Plan of the location
where the proposed activity will take place.
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4. Written comments of
the organization or individual operating the irrigation work on the use of the
issued license or permit by such organization or individual.
5. With regard to an
investment project executed within the safety perimeter of the irrigation work,
the application package must also include the following documents:
a) A copy of the
establishment decision or copy of the enterprise registration certificate
(newest revision);
b) In the case of change
of scale, capacity or main specifications of the licensed activities: a copy of
the decision on approval for revisions to the planning, investment guidelines
or investment project; a copy of the environmental impact assessment report or
environmental protection plan; a copy of the notification of appraisal of
fundamental design or design drawing of the adjusted project.
Article
29. Procedures for renewal and revision of licenses or permits
1. The applicant for
approval for renewal or revision of a license or permit submits a set of
application in person or by post to the receiving agency as per Article 17
herein. The application for renewal of the license or permit must be submitted
at a minimum of 45 days before the expiry date.
2. Within 03 working days
of receipt of the application, the receiving agency is responsible for handling
and verifying the application; where the application is not valid, the
receiving agency must notify the applicant to complete the application in
accordance with regulations in force.
3. [28] Time limits for
issuance of the renewed or revised license or permit:
a) With respect to the
activities specified in Clauses 1, 2, 3 and 10 Article 13 of this Decree:
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b) With respect to the
activities specified in Clauses 5 and 7 Article 13 of this Decree:
Within 05 working days of
receipt of the valid application, the agency having competence in issuing the
license or permit must verify the application and, if all required conditions
are satisfied, must decide to issue the renewed or revised license or permit;
if all conditions are not fully satisfied, must inform the applicant about
reasons for refusal.
c) With respect to the
activities specified in Clauses 6, 8 and 9 Article 13 of this Decree:
Within 10 working days of
receipt of the valid application, the agency having competence in issuing the
license or permit must verify the application and, if all required conditions
are satisfied, must decide to issue the renewed or revised license or permit;
if all conditions are not fully satisfied, must inform the applicant about
reasons for refusal.
Article
30. Reissuance of licenses or permits
[29]
1. A license or permit
may be re-issued in the following cases:
a) It has gone missing;
is ruined or damaged;
b) Name of the
license/permit holder that is changed due to business transfer, merger,
split-up, split-off or restructuring.
2. Application for
re-issuance:
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b) In the case specified
in Point b Clause 1 of this Article, the applicant shall submit a written
request form given in Form No. 03 in the Appendix III hereto; a copy of the
enterprise registration certificate; copies of the decisions issued by
competent authorities on the change of enterprise’s name due to business
transfer, merger, split-up, split-off or restructuring.
3. Procedures for
re-issuance:
a) Where the situation
specified in Clause 1 of this Article occurs, the applicant for a license or
permit submits a set of application directly or by post or online to the
receiving agency as per Article 17 herein.
b) Within 03 working days
of receipt of the valid application, the agency having competence in issuing
the license or permit must verify the application and, if all required
conditions are satisfied, must decide to issue the license or permit; if all
conditions are not fully satisfied, must inform the applicant about reasons for
refusal.
4. The validity period of
the reissued license or permit is equal to days left to the expiry date of the
preexisting license or permit.
Article
31. Rights of the license/permit holder
The holder of the license
or permit for the activities within the protected area of a project has the
following rights:
1. Carry out the activities
within the protected area of the project according to the location, time and
scale specified in the license or permit.
2. Receive protection for
legitimate rights and interests specified in the license or permit from the
Government.
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4. Request the licensing
agency to approve renewal and revision of the license or permit according to
law regulations.
Article
32. Obligations of the license/permit holder
The holder of the license
or permit for the activities within the protected area of a project has the
following obligations:
1. Comply with regulatory
provisions of the Law on Irrigation and other relevant laws.
2. Comply with the
regulations on location, duration and scale of activities to be carried out
within the protected area of the project that are specified in the existing
license or permit.
3. Fulfill financial
obligations in accordance with law.
4. When carrying out
activities, ensure safety for the project, prompt remedial actions in response
to incidents and payment of compensation for any loss arising from their
activities.
5. Avoid any hindrance or
loss to the general management and operation of the project.
6. Provide full and
authentic data and information about activities to be carried out within the protected
area of the project as requested by competent state agencies.
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1. The license or permit
shall be suspended when the holder of that license or permit commits one of the
following violations:
a) Violate regulations
set out in the license or permit;
b) Use the license or
permit to carry out activities illegally.
2. Duration of suspension
of a license or permit: No more than 03 months.
3. During the duration of
suspension of the license or permit, the license holder shall not be allowed to
exercise the rights associated with the license or permit, and shall need to
take remedial actions as well as pay compensation for any loss or damage in
accordance with law.
Article
34. Revocation of licenses or permits
1. A license or permit
may be revoked in the following cases:
a) It is discovered that
information provided in the application is not correct;
b) The license/permit
holder is dissolved or declared bankrupt by the court; is dead or declared dead
by the court; is incapable of performing civil acts or declared missing;
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d) The revocation is
required to serve national defense and security purposes or protect the
national or public interests.
2. Based on the
regulations laid down in Clause 1 of this Article, competent licensing agencies
referred to in Article 16 herein shall be entitled to issue decisions on
revocation of licenses or permits.
Article
35. Inspection and supervision
1. The Ministry of
Agriculture and Rural Development shall be responsible for inspecting issuance
of and compliance with requirements of licenses or permits for activities
within the protected areas of irrigation and hydraulic projects and structures
nationwide.
2. All-level People’s
Committees shall be responsible for inspecting issuance of and compliance with
requirements of licenses or permits for activities within the protected areas
of local irrigation and hydraulic projects and structures.
Chapter
V
IMPLEMENTATION
PROVISIONS [30]
Article
36. Entry into force
This Decree comes into
force from July 01, 2018.
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1. If any license or
permit binding upon activities that are required to obtain licenses or permits
to be carried out within the protected areas of irrigation and hydraulic
projects and structures is issued before the entry into force of this Decree,
and remains unexpired, it can be used until it is expired.
2. [31] (Annulled)
3. Not later than 03 years
after the entry into force of this Decree, operators of irrigation and
hydraulic projects and structures must ensure that they have capacity required
in this Decree.
Article
38. Implementation responsibilities
1. The Minister of
Agriculture and Rural Development shall be responsible for implementing this
Decree.
2. Ministers, heads of
ministerial agencies, heads of Governmental agencies, chairpersons of
provincial-level People’s Committees, and related organizations and individuals
shall implement this Decree./.
CERTIFIED BY
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[1] The Government’s Decree No. 08/2022/ND-CP dated January
10, 2022 on elaboration of the Law on Environmental Protection is promulgated
pursuant to:
The Law on Government
Organization dated June 19, 2015; the Law on amendments to some Articles of Law
on Government Organization and Law on Local Government Organization dated
November 22, 2019;
The Law on
Environmental Protection dated November 17, 2020;
The Law on Public
Investment dated June 13, 2019;
The Law on Investment dated
June 17, 2020;
The Law on the State
Budget dated June 25, 2015;
At request of Minister
of Natural Resources and Environment;
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The Law on Government
Organization dated June 19, 2015; the Law on amendments to some Articles of Law
on Government Organization and Law on Local Government Organization dated
November 22, 2019;
The Law on Irrigation
dated June 19, 2017;
The Law on
Environmental Protection dated November 17, 2020;
The Law on
Promulgation of Legislative Documents dated June 22, 2015; the Law on
amendments to the Law on Promulgation of Legislative Documents dated June 18,
2020;
At the request of the
Minister of Agriculture and Rural Development;
[2] This Clause is annulled by Point e, Clause 2 Article 167 of
the Government’s Decree No. 08/2022/ND-CP dated January 10, 2022 on elaboration
of some Articles of the Law on Environmental Protection, which comes into force
from January 10, 2022;
[3] This Article is amended by Clause 1 Article 1 of the
Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some
Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on
elaboration of some Articles of the Law on Irrigation, which comes into force
from August 15, 2023.
[4] This Article is amended by Clause 2 Article 1 of the
Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some
Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on
elaboration of some Articles of the Law on Irrigation, which comes into force
from August 15, 2023.
[5] This Article is amended by Clause 3 Article 1 of the
Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some
Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on
elaboration of some Articles of the Law on Irrigation, which comes into force
from August 15, 2023.
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[7] The phrase “cống ngăn sông lớn” is replaced by the phrase
“cống lớn ngăn sông" according to Clause 1 Article 2 of the Government's
Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of
Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some
Articles of the Law on Irrigation, which comes into force from August 15,
2023.
[8] The phrase “và có chứng nhận bồi dưỡng nghiệp vụ về quản
lý, khai thác công trình thủy lợi” (and obtain certificates of completion of
training courses in irrigation work operation and management) is annulled
according to Clause 2 Article 2 of the Government's Decree No. 40/2023/ND-CP
dated June 27, 2023 on amendments to some Articles of Government’s Decree No.
67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on
Irrigation, which comes into force from August 15, 2023.
[9] This Article is amended by Clause 4 Article 1 of the
Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some
Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on
elaboration of some Articles of the Law on Irrigation, which comes into force from
August 15, 2023.
[10] This Clause is amended by Clause 5 Article 1 of the
Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some
Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on
elaboration of some Articles of the Law on Irrigation, which comes into force
from August 15, 2023.
[11] This Clause is annulled by Point e, Clause 2 Article 167
of Government’s Decree No. 08/2022/ND-CP dated January 10, 2022 on elaboration
of some Articles of the Law on Environmental Protection, which comes into force
from January 10, 2022.
[12] This Article is amended by Clause 6 Article 1 of the
Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some
Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on
elaboration of some Articles of the Law on Irrigation, which comes into force
from August 15, 2023.
[13] This Article is amended by Clause 7 Article 1 of the
Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some
Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on
elaboration of some Articles of the Law on Irrigation, which comes into force
from August 15, 2023.
[14] This Article is amended by Clause 8 Article 1 of the
Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some
Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on
elaboration of some Articles of the Law on Irrigation, which comes into force
from August 15, 2023.
[15] The phrase “Tổng cục Thủy lợi” (“Directorate of Water
Resources”) is replaced with “Cục Thủy lợi” (“Department of Water Resources”)
according to Clause 1 Article 2 of the Government's Decree No. 40/2023/ND-CP
dated June 27, 2023 on amendments to some Articles of Government’s Decree No.
67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on
Irrigation, which comes into force from August 15, 2023.
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[17] This Clause is amended by Point c, Clause 2 Article 167 of
Government’s Decree No. 08/2022/ND-CP dated January 10, 2022 on elaboration of
some Articles of the Law on Environmental Protection, which comes into force
from January 10, 2022.
[18] This Clause is amended by Point c, Clause 2 Article 167 of
Government’s Decree No. 08/2022/ND-CP dated January 10, 2022 on elaboration of
some Articles of the Law on Environmental Protection, which comes into force
from January 10, 2022.
[19] This Point is annulled by Point e, Clause 2 Article 167 of
Government’s Decree No. 08/2022/ND-CP dated January 10, 2022 on elaboration of
some Articles of the Law on Environmental Protection, which comes into force
from January 10, 2022.
[20] This Point is annulled by Point e, Clause 2 Article 167 of
Government’s Decree No. 08/2022/ND-CP dated January 10, 2022 on elaboration of
some Articles of the Law on Environmental Protection, which comes into force
from January 10, 2022.
[21] This Article is amended by Clause 9 Article 1 of the
Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some
Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on
elaboration of some Articles of the Law on Irrigation, which comes into force
from August 15, 2023.
[22] Article 23 is annulled by Point e, Clause 2 Article 167 of
Government’s Decree No. 08/2022/ND-CP dated January 10, 2022 on elaboration of
some Articles of the Law on Environmental Protection, which comes into force
from January 10, 2022;
[23] Article 24 is annulled by Clause 3 Article 2 of the
Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some
Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on
elaboration of some Articles of the Law on Irrigation, which comes into force
from August 15, 2023.
[24] Article 25 is annulled by Clause 3 Article 2 of the Government's
Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of
Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some
Articles of the Law on Irrigation, which comes into force from August 15,
2023.
[25] Article 26 is annulled by Clause 3 Article 2 of the
Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some
Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on
elaboration of some Articles of the Law on Irrigation, which comes into force
from August 15, 2023.
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[27] This Article is amended by Clause 10 Article 1 of the
Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some
Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on
elaboration of some Articles of the Law on Irrigation, which comes into force
from August 15, 2023.
[28] This Clause is amended by Clause 11 Article 1 of the
Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some
Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on
elaboration of some Articles of the Law on Irrigation, which comes into force
from August 15, 2023.
[29] This Article is amended by Clause 12 Article 1 of the Government's
Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of
Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some
Articles of the Law on Irrigation, which comes into force from August 15, 2023.
[30] Article 167 of the Government’s Decree No. 08/2022/ND-CP
dated January 10, 2022 on elaboration of some Articles of the Law on
Environmental Protection, which comes into force from January 10, 2022
stipulates that:
“Article 169.
Implementation clause
1. This Decree comes into
force from the date on which it is signed.
2. Ministers, heads of
ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees
of provinces and central-affiliated cities and relevant organizations and
individuals shall be responsible for the implementation of this Decree./.”
Article 4 of the
Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some
Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on
elaboration of some Articles of the Law on Irrigation, which comes into force
from August 15, 2023 stipulates that:
“Article 4.
Implementation clause
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2. Grandfather clause
a) If any application for
issuance, re-issuance, extension or revision of the license or permit binding
upon activities to be carried out within safety perimeters of irrigation works
is submitted before the entry into force of this Decree, it may be considered
and processed as prescribed in the Government’s Decree No. 67/2018/ND-CP dated
May 14, 2018 (amended by the Government’s Decree No. 08/2022/ND-CP dated
January 10, 2022).
b) The Ministry of
Agriculture and Rural Development and provincial People’s Committees shall
arrange and strengthen the entities operating irrigation works in accordance
with regulations of the Law on Irrigation no later than 05 years after the
entry into force of this Decree./.”
[31] This Clause is annulled by Point e, Clause 2 Article 167
of Government’s Decree No. 08/2022/ND-CP dated January 10, 2022 on elaboration
of some Articles of the Law on Environmental Protection, which comes into force
from January 10, 2022.
[32] Form No. 03 Written request for re-issuance of
license/permit to operate within safety perimeter of irrigation work is added
according to Clause 4 Article 2 of the Government's Decree No. 40/2023/ND-CP dated
June 27, 2023 on amendments to some Articles of Government’s Decree No.
67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on
Irrigation, which comes into force from August 15, 2023.