Thông tư 11/2022/TT-BTNMT sửa đổi một số Thông tư liên quan đến hoạt động kinh doanh

• Số hiệu: 11/2022/TT-BTNMT
• Loại văn bản: Thông tư
• Nơi ban hành: Bộ Tài nguyên và Môi trường
• Người ký: Nguyễn Thị Phương Hoa
• Ngày ban hành: 20/10/2022

THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT OF VIETNAM -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No.: 11/2022/TT-BTNMT	Hanoi, October 20, 2022

CIRCULAR

AMENDING CIRCULARS ON BUSINESS OPERATIONS UNDER MANAGEMENT OF MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT OF VIETNAM

Pursuant to the Law on Water Resources dated June 21, 2012;

Pursuant to the Law on Land dated November 29, 2013;

Pursuant to the Law on Meteorology and Hydrology dated November 23, 2015;

Pursuant to the Law on Promulgation of Legislative Documents dated June 22, 2015 and the Law on amendments to the Law on Promulgation of Legislative Documents dated June 18, 2020;

Pursuant to the Government’s Decree No. 201/2013/ND-CP dated November 27, 2013 providing guidelines for implementation of the Law on Water Resources;

Pursuant to the Government's Decree No. 43/2014/ND-CP dated May 15, 2014 providing guidelines for implementation of the Law on Land;

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Pursuant to the Government’s Decree No. 34/2016/ND-CP dated May 14, 2016 providing guidelines for implementation of the Law on Promulgation of Legislative Documents; the Government’s Decree No. 154/2020/ND-CP dated December 31, 2020 providing amendments to the Government’s Decree No. 34/2016/ND-CP dated May 14, 2016 providing guidelines for implementation of the Law on Promulgation of Legislative Documents;

Pursuant to the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017 providing amendments to the Decrees and Circulars providing guidelines for implementation of the Law on Land;

Pursuant to the Government’s Decree No. 36/2017/ND-CP dated April 04, 2017 defining functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment of Vietnam;

At the request of the Director General of the General Department of Land Administration, Director General of Vietnam Meteorological and Hydrological Administration, Director of Department of Water Resources Management, Director of Department of Climate Change, and Director of Legislation Department;

The Minister of Natural Resources and Environment of Vietnam promulgates a Circular providing amendments to Circulars on business operations under management of the Ministry of Natural Resources and Environment of Vietnam.

Article 1. Amendments to Circulars on business operations

1. Amendments to the Circular No. 30/2014/TT-BTNMT dated June 02, 2014 of the Minister of Natural Resources and Environment of Vietnam:

a) Point a Clause 2 Article 3 is amended as follows:

“a) The documents specified in Point a Clause 1 of this Article;”

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 “1. The applicant shall submit an application including the documents specified in Point a Clause 1 Article 3 of this Circular.”

c) Point c and Point d Clause 1 Article 3 are abrogated;

d) Form No. 01 (Application for land allocation/land lease/land repurposing), Form No. 04 (Land lease agreement) and Form No. 07 (Notice of land appropriation) are amended according to Appendix I enclosed with this Circular.

2. Amendments to Clause 1 Article 7 of the Circular No. 07/2015/TT-BTNMT dated February 26, 2015 of the Minister of Natural Resources and Environment of Vietnam:

 “1. 01 set of application for approval of land use plan of the agricultural or forestry company shall be prepared and sent directly or by post to the relevant provincial Department of Natural Resources and Environment or through the online public service system for appraisal. Such application includes:

a) Description of the land use plan and accompanied tables made using the forms in Appendix 01 enclosed herewith;

b) The written application for approval of the land use plan made according to Appendix 12 enclosed herewith;

c) Map of the land use plan of the agricultural or forestry company.”

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a) Point c Clause 1 Article 3 (as amended in Clause 1 Article 6 of the Circular No. 09/2021/TT-BTNMT dated June 30, 2021 of the Minister of Natural Resources and Environment of Vietnam) is amended as follows:

 “c) On page 3, the following information is printed in black ink: the official name of Vietnam; "CHỨNG CHỈ ĐỊNH GIÁ ĐẤT" (“LAND VALUER CERTIFICATE”); "TỔNG CỤC TRƯỞNG TỔNG CỤC QUẢN LÝ ĐẤT ĐAI" (“DIRECTOR GENERAL OF GENERAL DEPARTMENT OF LAND ADMINISTRATION”); "Cấp cho ông/bà:" (“Granted to:”); "Ngày sinh:" (“Date of birth:”); "Quốc tịch:" (“Nationality:”); "Số CMND/CCCD/Hộ chiếu/Định danh cá nhân" (“ID card/Citizen identity card/Passport/Personal identification number”); "Ngày cấp" (“Issue date”); "Nơi cấp" (“Issuing authority”); "Được hành nghề tư vấn xác định giá đất trong phạm vi cả nước" (“Permitted to provide land valuation consulting services throughout the country”); date on which the land valuer certificate is signed; signatory;”

b) Point a Clause 2 Article 5 is amended as follows:

 “a) Submission of application for land valuer certificate: The applicant shall submit an application directly or by post to the Office in charge of receiving administrative procedure applications and returning processing results of the Ministry of Natural Resources and Environment or through the online public service system.

If an application is submitted online, the application shall includes certified electronic copies of the documents;”

c) Article 4; Points b, d Clause 1 Article 5 are abrogated;

d) Appendix 01 (Template of land valuer certificate) (as replaced in Clause 9 Article 11 of the Circular No. 09/2021/TT-BTNMT), Appendix 02 (Application for land valuer certificate), Appendix 03 (Certificate of actual working period in training major), Appendix 04 (Application for replacement or re-issuance of land valuer certificate) are amended according to Appendix III enclosed herewith.

4. Amendments to the Circular No. 40/2014/TT-BTNMT dated July 11, 2014 of the Minister of Natural Resources and Environment of Vietnam:

a) Clause 2 Article 11 is amended as follows:

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b) Article 12 and Article 13 are amended as follows:

“Article 12. Authority receiving, appraising and managing applications for license

1. The Office in charge of receiving administrative procedure applications and returning processing results of the Ministry of Natural Resources and Environment shall receive and return processing results of administrative procedure applications under the licensing authority of the Ministry of Natural Resources and Environment of Vietnam. The Department of Water Resources Management affiliated to the Ministry of Natural Resources and Environment of Vietnam shall appraise and manage received applications and licenses granted under the licensing authority of the Ministry of Natural Resources and Environment of Vietnam.

2. Water resources authorities affiliated to Provincial Departments of Natural Resources and Environment (hereinafter referred to as “water resources authorities”) shall receive, appraise and manage applications and licenses granted under the licensing authority of Provincial Departments of Natural Resources and Environment. If the single-window services section or public administration services center of a province or city is available, applications and processing results shall be received and returned through this single-window services section or public administration services center.

Article 13. Licensing procedures

1. An application for groundwater drilling license includes:

a) The application for groundwater drilling license (using Form No. 01 enclosed herewith);

b) Certified true copies or copies bearing certification of issuing authorities of diplomas/certificates of the person in charge of technical issues (hereinafter referred to as “technical officer”) as prescribed by law and the employment contract if the applicant has concluded an employment contract with the technical officer; if only copies are submitted, they must be accompanied with their originals for verification purposes;

c) Description of working experience in groundwater drilling of the technical officer of the applicant (using Form No. 02 enclosed herewith).

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a) The applicant shall submit an application directly or by post or through the online public service system to the receiving authority;

b) If an application is submitted online, the application shall includes certified electronic copies of the required documents.

3. Receipt of application:

Within 03 working days from the receipt of the application, the receiving authority shall consider and examine the adequacy and validity of the received application. If the application is inadequate or invalid, the receiving authority shall return the application and request the applicant in writing to complete the application as prescribed.

4. Application appraisal:

a) Within a maximum period of 15 days from the receipt of adequate and valid application, the receiving authority shall carry out appraisal and submit appraisal report to the competent licensing authority; if an application is unsatisfactory and refused, it shall be returned to the applicant that shall also be provided in writing with reasons for such refusal;

b) Contents of appraisal:

Legal grounds for applying for the license; satisfaction of licensing requirements;

5. Licensing decision:

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b) The issued license shall be delivered directly at the office of the receiving authority or by post to the applicant that has fully pay charges and fees as prescribed."

c) Clause 1 Article 14 is amended as follows:

“1. An application for renewal or modification of a license for groundwater drilling includes:

a) The application for renewal or modification of the groundwater drilling license (using Form No. 04 enclosed herewith);

b) The statement of groundwater drilling works executed by the applicant during the validity period of the issued license (using Form No. 05 enclosed herewith);

c) In case of renewal of the license where there is the replacement of the technical officer, in addition to the required documents in Point a and Point b of this Clause, the application shall also include:

Certified true copies or copies bearing certification of issuing authorities of diplomas/certificates of the person in charge of technical issues (hereinafter referred to as “technical operations officer”) as prescribed by law and the employment contract if the applicant has concluded an employment contract with the technical operations officer; if only copies are submitted, they must be accompanied with their originals for verification purposes.

Description of working experience in groundwater drilling of the technical officer (using Form No. 02 enclosed herewith);

d) Clause 2 Article 17 is amended as follows:

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dd) Form No. 01, Form No. 02, Form No. 03, Form No. 04, Form No. 06 and Form No. 07 are amended according to Appendix IV enclosed herewith.

5. Amendments to the Circular No. 09/2016/TT-BTNMT dated May 16, 2016 of the Minister of Natural Resources and Environment of Vietnam:

a) Article 5 is amended as follows:

“Article 5. Receipt and return of processing results of applications for appraisal of weather modification plans

1. An application for appraisal of weather modification plan includes:

a) The application form made according to Appendix 02 enclosed herewith;

b) The weather modification plan prescribed in Article 3 of this Circular, accompanied with written opinions given by residential communities directly impacted by the plan;

c) If an application is submitted online, the application shall includes certified electronic copies of the documents.

2. The applicant shall submit an application directly or by post to the Office in charge of receiving administrative procedure applications and returning processing results of the Ministry of Natural Resources and Environment or through the online public service system. Within 02 working days from the receipt of the application, the receiving authority shall examine the received application. If the application is invalid, the receiving authority shall give written instructions to the applicant for modifying the application. If the application is valid, the receiving authority shall give a receipt note indicating the application processing deadline to the applicant, and transfer the application to the appraisal agency.

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b) Article 9 is amended as follows:

“Article 9. Receipt and return of processing results of applications for revision of weather modification plans

1. If the entire weather modification plan is revised, the application and procedures for receiving and returning processing results shall comply with the provisions of Article 5 of this Circular.

2. If the weather modification plan is partially revised:

a) The application includes the application form for partial revision of the weather modification plan and description of revised contents. If an application is submitted online, the application shall includes certified electronic copies of the documents;

b) Receipt and return of processing results of an application for partial revision of the weather modification plan shall comply with Clause 2 and Clause 3 Article 5 of this Circular."

c) The phrase "Cục Khí tượng Thủy văn và Biến đổi khí hậu” (“Department of Meteorology and Hydrology and Climate Change”) is replaced with the phrase “Tổng cục Khí tượng Thủy văn” (“General Department of Meteorology and Hydrology”) in the part of legal grounds, Article 6, Article 7 and Article 11.

6. Amendments to the Circular No. 15/2014/TT-BTNMT dated March 24, 2014 of the Minister of Natural Resources and Environment of Vietnam:

a) Clause 4 Article 13 is amended as follows:

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a) The project formulating party (applicant) shall submit an application directly or by post to the Office in charge of receiving administrative procedure applications and returning processing results of the Ministry of Natural Resources and Environment or through the online public service system;

b) Within 01 working day, the Department of Climate Change shall check the adequacy and validity of the received application. In case of an inadequate application, the Department of Climate Change shall request the applicant to submit additional documents;

c) Within a maximum period of 08 days from the receipt of the application as prescribed, the Department of Climate Change shall conduct an appraisal of the project dossier and consider revising the Letter of Approval; If an application is refused, the applicant shall be provided with reasons for such refusal in writing;

d) The Office in charge of receiving administrative procedure applications and returning processing results of the Ministry of Natural Resources and Environment shall give application processing results to the applicant within 01 working day from the issue date of the decision to revise the Letter of Approval.”

b) The phrase "Cục Khí tượng Thủy văn và Biến đổi khí hậu” (“Department of Meteorology and Hydrology and Climate Change”) is replaced with the phrase “Cục Biến đổi khí hậu” (“Department of Climate Change”) in the part of legal grounds, and Articles 3, 6, 8, 9, 10, 12, 13, 15, 18 and Appendixes 01, 02, 05 and 06.

Article 2. Effect and implementation

1. This Circular comes into force from December 10, 2022.

2. Transition

Business conditions and adequate and valid applications received before the effective date of this Circular shall be processed in accordance with provisions of Circulars applicable at the time of application receipt.

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4. Ministries, ministerial agencies, People’s Committees at all levels, provincial Departments of Natural Resources and Environment, and relevant organizations and individuals are responsible for the implementation of this Circular./.

PP. MINISTER
DEPUTY MINISTER
 



Nguyen Thi Phuong Hoa