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GOVERNMENT OF
VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 67/2018/ND-CP
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Hanoi, May 14,
2018
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DECREE
ELABORATING ON
SEVERAL ARTICLES OF LAW ON IRRIGATION
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;
The Government hereby promulgates the Decree
that elaborates on several Articles of the Law on Irrigation.
Chapter I
GENERAL PROVISIONS
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This Decree provides for classification 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 issuing, re-issuing, renewing, modifying, suspending,
revoking or withdrawing permits or licenses to conduct trade or business within
the protected areas of hydraulic, irrigation or water resource management
projects or structures.
Article 2. Subjects of application
This Decree shall apply to Vietnamese entities and
person; foreign entities and persons participating in hydraulic or
irrigation-related activities within the territory of the Socialist Republic of
Vietnam.
Article 3. Interpretation
For the purposes of this Decree, terms used herein
shall be 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.
2. Reservoir refers to a structure created
by a dam and other associated facilities for water retention purposes that has
the function of regulating water flow, absorbing flood, reducing floods,
supplying water for agricultural, industrial production, social welfare, power
generation and environmental remediation purposes.
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.
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Chapter II
CATEGORIZATION AND GRADING OF IRRIGATION AND HYDRAULIC
PROJECTS
Article 4. Categorization of irrigation projects
Irrigation projects specified in clause 2 of
Article 16 in the Law on Irrigation are categorized specifically as follows:
1. Dams and reservoirs of
critical importance, including:
a) Any dam that is 100m in height or any dam
associated with a reservoir that is prescribed in point b and c of this clause;
b) Any reservoir that has the minimum total storage
capacity of 1,000,000,000 m3;
c) Any reservoir with its water storage capacity
ranging from 500.000.000 m3 to under 1,000,000,000 m3
that can pose potential threat to its floodplain areas where cities, townships
or significant construction works related to national security are located;
d) Dams and reservoirs of critical importance on
the list referred to in Appendix I hereto.
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a) Any dam that is between 15m and below 100m in
height or any reservoir-connected dam prescribed in point c of this clause;
b) Any dam that is between 10m and below 15m in
height and is at least 500m in length; or any dam that is between 10m and under
15m in height and has the designed floodwater release capacity of greater than
2,000 m3/s;
c) Any reservoir with gross storage capacity
between 3,000,000 m3 and under 1,000,000,000 m3, except
the reservoir category prescribed in point c of clause 1 of this Article.
3. Medium dams and
reservoirs, including:
a) Any dam that is between 10m and under 15m in
height or any reservoir-associated dam specified in point b of this clause,
except the dam category specified in point b of clause 2 of this Article;
b) Any reservoir with its gross storage capacity
ranging from 500,000 m3 to under 3,000,000 m3.
4. A dam or reservoir
classified as a small dam or reservoir when that dam is less than 10m in height
or that reservoir has the gross storage capacity of less than 500,000 m3.
5. Pumping stations:
a) A pumping station is classified as a large
pumping station when it has the minimum total capacity of 72,000 m3/h;
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c) A pumping station is classified as a small
pumping station when it has total capacity of less than 3,600 m3/h.
6. Culverts:
a) A culvert is categorized as a large one if its
floodgate has total width of:
at least 30 m in the Mekong Delta;
at least 20 m in other regions.
b) A culvert is categorized as a medium one if its
floodgate has total width ranging:
between 10 m and less than 30 m in the Mekong Delta;
between 5 m and less than 20 m in other regions.
c) A culvert is categorized as a small one if its
floodgate has total width of:
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less than 5 m in other regions.
7. Water conveyance systems, including:
a) Any large irrigation canal, ditch, flume,
watercourse, tunnel, siphon or canal bridge that has:
the minimum carrying capacity of 100 m3/s
or the minimum bed width of 50 m in the Mekong Delta;
the minimum carrying capacity of 50 m3/s
or the minimum bed width of 25 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 10 m3/s
to below 100 m3/s or the minimum bed width ranging from 10 m to
under 50 m in the Mekong Delta;
the minimum carrying capacity ranging from 5 m3/s
to below 50 m3/s or the minimum bed width ranging from 5 m to under
25 m in other regions.
c) Any small irrigation canal, ditch, flume,
watercourse, tunnel, siphon or canal bridge that has:
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the carrying capacity of less than 5 m3/s
or the bed width of less than 5 m in other regions.
8. Pipelines:
a) A pipeline is classified as a large pipeline
when it has the minimum carrying capacity of 3 m3/s or the minimum
internal diameter of 1,500 mm;
b) A pipeline is classified as a medium pipeline
when it has the carrying capacity ranging from 0.25 m3/s to below 3
m3/s or the internal diameter ranging from 500 mm to below 1,500 mm;
c) A pipeline is classified as a small pipeline
when it has the carrying capacity of less than 0.25 m3/s or the
internal diameter of less than 500 mm.
9. Irrigation embankments:
a) An embankment is classified as a large one if
its flood protected area is at least 10,000 ha;
b) An embankment is classified as a medium one if
its flood protected area ranges from 500 ha to less than 10,000 ha;
c) An embankment is classified as a small one if
its flood protected area is less than 500 ha.
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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 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.
11. Based on the
measurements, roles, functions, influences, risk levels of floodplains, the
Minister of Agriculture and Rural Development shall take charge of and
cooperate with People’s Committees of provinces where dams or reservoirs are
located on soliciting the Prime Minister to issue the decision on the updated
list of dams and reservoirs of critical importance.
Article 5. Grading of irrigation projects
Irrigation project grading is to serve the 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.
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Chapter III
REGULATORY PROVISIONS REGARDING COMPETENCE AND
QUALIFICATION REQUIREMENTS OF ENTITIES AND PERSONS OPERATING AND MANAGING
IRRIGATION AND HYDRAULIC PROJECTS
Article 6. General requirements of entities or
persons operating and managing irrigation and hydraulic projects
1. As an enterprise, it must hold the Business
Registration Certificate.
2. Local irrigation entities must conform to the
following requirements:
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 and be responsible for their assigned duties;
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4. Hiring and placement of personnel, installation
and provision of equipment needed for operation and management of small
irrigation and hydraulic projects must adhere to the safety and efficiency
principles and conform to regulatory provisions in force.
Article 7. Requirements of specialized divisions
of irrigation project operating and managing enterprises
1. An irrigation project operating and managing
enterprise must be structured into the following divisions:
a) Division in charge of irrigation and hydraulic
projects;
b) Division in charge of water resources;
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 must keep a
division in charge of such business in place.
3. Specialized divisions referred to in clause 1 of
this Article must 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 and managing dams and reservoirs
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2. For large dams and reservoirs:
a) The reservoir having the water carrying capacity
of at least 50,000,000 m3 must be operated and managed by 05
engineers trained in the irrigation and hydraulics major, including at least 02
of them gaining at least 05 years' experience in management and operation of
dams or reservoirs; obtaining certificates of completion of training courses in
dam management.
b) The reservoir having the water carrying capacity
ranging from 10,000,000 m3 to under 50,000,000 m3 must be
operated and managed by 03 engineers trained in the irrigation and hydraulics
major, including at least one of them gaining at least 05 years' experience in
management and operation of dams or reservoirs; graduating from certificates of
completion of training courses in dam management;
c) The reservoir having the water carrying capacity
ranging from 3,000,000 m3 to under 10,000,000 m3 must be
operated and managed by 02 engineers trained in the irrigation and hydraulics
major, including at least one of them gaining at least 03 years' experience in
management and operation of dams or reservoirs; graduating from certificates of
completion of training courses in dam management.
3. For medium dams and reservoirs:
a) The reservoir having the water carrying capacity
ranging from 1,000,000 m3 to under 3,000,000 m3 must be
operated and managed by 01 engineer trained in the irrigation and hydraulics
major and/or 01 graduate from the college diploma in that major who has gained
at least one-year experience in management and operation of dams or reservoirs;
graduating from the certificate of completion of training course in dam
management;
b) The reservoir having the water carrying capacity
ranging from 500,000 m3 to under 1,000,000 m3 must be
operated and managed by 01 graduate from the college diploma in the irrigation
and hydraulics major who has obtained the certificate of completion of training
course in dam management.
4. For small dams and reservoirs:
a) The reservoir having the water carrying capacity
ranging from 200,000 m3 to under 500,000 m3 must be
operated and managed by 01 graduate from the irrigation and hydraulics
certificate program who has obtained the certificate of completion of training
course in dam management;
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5. Penstocks and flood overflow must be run by
workers graduating from certificates of completion of training courses in
culvert and overflow management organized by accredited agencies and training
establishments having relevant competence.
6. During the flood discharge period, flood
overflow at reservoirs with electric sluice gates must be operated and managed
by workers graduating from electricity certificates IV that are employed by
irrigation and hydraulic project management bodies at headworks.
Article 9. Minimum competence and qualification
requirements of entities and persons operating and managing stationary
electrical pumping stations
1. Electrical pumping stations fitted with pumps,
each of which has the minimum capacity of 11,000 m3/h:
a) The pumping station fitted with at least 09 pump
units must be run by 03 engineers trained in the irrigation and hydraulics
major; 01 electromechanics engineer; 10 graduates from electromechanics or
hydraulics certificate programs who have gained at least 05 years’ experience
in pump management and operation;
b) The pumping station fitted with the number of
pump units ranging between 04 and 09 pump units must be run by 01 engineer
trained in the irrigation and hydraulics major; 01 electromechanics engineer;
06 graduates from electromechanics or hydraulics certificate programs who have
gained at least 03 years’ experience in pump management and operation;
c) The pumping station fitted with 03 pump units at
maximum must be run by 01 engineer trained in the irrigation and hydraulics or
electromechanics major; 03 graduates from electromechanics or hydraulics
certificate programs who have gained at least 03 years’ experience in pump
management and operation.
2. Electrical pumping stations fitted with pumps,
each of which has the capacity ranging between 9,000 m3/h and below
11,000 m3/h:
a) The pumping station fitted with at least 09 pump
units must be run by 01 engineer trained in the irrigation and hydraulics
major; 01 engineer trained in the electromechanics major; 07 graduates from
electromechanics or hydraulics certificate programs who have gained at least 03
years’ experience in pump management and operation.
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b) The pumping station fitted with the number of
pump units ranging between 04 and 09 must be run by 01 engineer trained in the
irrigation and hydraulics or electromechanics major; 05 graduates from
electromechanics or hydraulics certificate programs who have gained at least 03
years’ experience in pump management and operation;
c) The pumping station fitted with 3 pump units at
maximum must be run by 01 graduate from the college diploma in the hydraulics
or electromechanics major; 03 graduates from electromechanics or hydraulics
certificate programs who have gained at least 03 years’ experience in pump
management and operation.
3. Electrical pumping stations fitted with pumps,
each of which has the capacity ranging between 4,000 m3/h and below
8,000 m3/h:
a) The pumping station fitted with 09 pump units at
minimum must be run by 01 engineer trained in the irrigation and hydraulics
major; 02 graduates from the college diploma or higher qualification and 05
graduates from the electromechanics or irrigation and hydraulics certificate
program who have gained at least 03 years’ experience in pump management and
operation.
In case of increase by 05 pump units, one more
certificate program graduate must be employed to run them; in case of increase
by 10 pump units, one more engineer graduated from the irrigation and
hydraulics or electromechanics major must be employed to run them;
b) The pumping station fitted with the number of
pump units ranging between 04 and 09 must be run by 01 graduate from the
college diploma or higher qualification in the irrigation and hydraulics or
electromechanics major; 03 graduates from electromechanics or hydraulics
certificate programs, including at least 01 graduate from the electromechanics
certificate program who has gained at least 03 years’ experience in pump
management and operation;
c) The pumping station fitted with 03 pump units at
maximum must be run by 02 graduates from the irrigation and hydraulics or
electromechanics certificate program, including at least 01 graduate from the
electromechanics certificate program who has gained at least 03 years’
experience in pump management and operation.
4. Electrical pumping stations fitted with pumps,
each of which has the capacity ranging between 1,000 m3/h and below
4,000 m3/h:
a) The pumping station fitted with a minimum of 15
pump units must be run by 01 engineer trained in the irrigation and hydraulics
major or 01 engineer in the electromechanics major; 03 graduates from the
electromechanics or hydraulics certificate program, including at least 02
graduates from the electromechanics certificate program who have gained at
least 03 years’ experience in pump management and operation.
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b) The pumping station fitted with the number of
pump units ranging between 10 and 15 must be run by 01 graduate from the
college diploma in the irrigation and hydraulics or electromechanics major; 02
graduates from the certificate or higher qualification program who have gained
at least 03 years’ experience in pump management and operation;
c) The pumping station fitted with the number of
pump units ranging between 04 and 10 must be run by 02 graduates from the
irrigation and hydraulics or electromechanics certificate program, including at
least 01 graduate from the electromechanics certificate program who has gained
at least 03 years’ experience in pump management and operation;
d) The pumping station fitted with a maximum of 03
pump units must be run by 01 graduate from the irrigation and hydraulics or
electromechanics certificate program who has gained at least 03 years’
experience in pump management and operation.
5. Electrical pumping stations fitted with pumps,
each of which has the capacity ranging between 540 m3/h and below
1,000 m3/h:
a) The pumping station fitted with the number of
pump units ranging between 02 and 05 must be run by 01 high school graduate who
is required to participate in 01 training course in operation and management of
irrigation and hydraulic projects and has gained at least 03 years' experience
in pump operation and management;
b) The pumping station fitted with more than 05
pump units must be run by 01 worker operating the electrical pump who has
graduated from technician training courses lasting from 03 to 06 months. The
pumping station fitted with a minimum of 07 pump units must be run by 01
graduate from the irrigation and hydraulics or electromechanics certificate
program who has gained at least 03 years’ experience in pump management and
operation.
Article 10. Minimum competence and qualification
requirements of entities and persons operating and managing culvert headworks
and water conveyance systems
1. For special-grade, grade-I and grade-II dyke
culverts; electric large-river tidal barriers:
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;
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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; are subject to the minimum requirement concerning graduation
from high school and obtain certificates of completion of training courses in
hydraulic and irrigation project operation and management.
Article 11. Training in management and operation
of hydraulic and irrigation projects
1. Training establishments having appropriate
functions, duties and expertise are permitted to provide training or
re-training courses in improvement of knowledge, skills and competencies for
operators of hydraulic projects and dams.
2. The Ministry of Agriculture and Rural
Development shall formulate and adopt framework plans, curriculums and
syllabuses that educational institutions, training establishments and local
authorities can use in training courses or programs in management and operation
of hydraulic structures or projects.
Article 12. Responsibilities for compliance with
competency requirements for operation and management of hydraulic or irrigation
structures or projects
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
the task 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. For entities authorized to operate various types
of headwork, the number of executives and staff members designated to operate
hydraulic and irrigation projects or structures subject to regulatory
competence requirements must be increased accordingly.
4. In addition to conforming to 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.
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Chapter IV
GRANT OF LICENSES AND PERMITS TO ACCESS THE PROTECTED
AREAS OF HYDRAULIC AND IRRIGATION PROJECTS AND STRUCTURES
Article 13. Licenses and permits to carry out
activities within the protected areas of hydraulic and irrigation projects and
structures
Each license and permit is granted to carry out
activities within the protected areas of hydraulic and irrigation projects and
structures, including:
1. Building new hydraulic projects or structures;
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. Discharging wastewater
into water bodies of hydraulic and irrigation projects or structures, except
small-scale discharge of non-toxic or non-radioactive wastewater;
5. Growing perennial crops;
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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.
Article 14. Licensing principles
1. Ensuring safety for hydraulic and irrigation
structures and protection for water quality; state interests, legitimate rights
and benefits of related entities and persons.
2. Licenses or permits are granted intra vires, to
appropriate holders and according to the legally prescribed procedures and
processes.
3. Ensuring consistency with the hydraulic and
irrigation plans approved by competent authorities. In the absence of the
approved plans, licenses or permits shall be granted according to designs and
functions of irrigation and hydraulic projects on condition that safety and
normal operation of irrigation and hydraulic projects are guaranteed.
Article 15. Licensing basis
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a) Functions of each project;
b) Design documentation and current status of each
project;
c) Irrigation and hydraulic planning schemes
approved by competent authorities. In the absence of the approved plans,
licenses or permits shall be granted according to designs of irrigation and
hydraulic projects on condition that safety and normal operation of irrigation
and hydraulic projects are guaranteed.
2. With respect to grant
of licenses and permits for discharge of wastewater into water bodies of
irrigation and hydraulic projects, in addition to the basis specified in clause
1 of this Article, the following basis includes:
a) Capacity to receive wastewater of the irrigation
and hydraulic system;
b) Standards and national technical regulations on
wastewater quality; environmental protection requirements of wastewater discharge
approved by competent state authorities.
Article 16. Authority to issue, reissue, renew,
revise, suspend, terminate or revoke permits or licenses to carry out
activities referred to in Article 13 herein
1. For irrigation and hydraulic projects of
critical importance or irrigation and hydraulic projects, operation and
protection thereof involve at least two provinces:
a) Ministry of Agriculture and Rural Development
shall be accorded authority to issue, reissue, renew, revise, suspend,
terminate or revoke licenses or permits for wastewater discharge activities;
licenses or permits for the activities specified in clause 1, 2, 3, 6, 9 and 10
of Article 13 herein within the protected areas of projects under its control;
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2. For other irrigation and hydraulic projects:
Provincial People's Committees shall be accorded
authority to issue, reissue, renew, revise, suspend, terminate or revoke
permits or licenses to carry out activities referred to in Article 13 herein.
Article 17. Agencies receiving and managing
dossiers, licenses or permits
1. Directorate of Water Resources 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 to carry out 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. Licensing agencies can
decide any change in the validity period of a license or permit if the safety
of irrigation and hydraulic project is endangered; activities carried out
within the protected area of an irrigation and hydraulic project are likely to
pose threat to normal operation of the project; the irrigation and hydraulic
project is no longer able to receive wastewater.
Article 19. Information shown in licenses or
permits
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1. Name and address of the holder;
2. Description of activities to be carried out
within the protected area of a project;
3. Requested activities;
location where wastewater is discharged into a project;
4. Scale, capacity, main
data of proposed activities; volume, method and approach of discharge of
wastewater into water body of a project;
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 licensee.
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, main data of proposed activities;
c) Location, volume, method and approach of
discharge of wastewater into water body of a project.
2. Revision procedures:
Within the validity period of a license or permit,
the applicant for revision of the license or permit to carry out 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. Processes and 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
clause 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 grant the license or permit; in case of refusal to grant the license
or permit, must inform the applicant about reasons for such refusal.
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Within 30 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 grant the license or permit; in case of refusal to grant the license or
permit, must inform the applicant about reasons for such refusal.
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 grant the license or permit; in case of refusal to grant the license
or permit, must inform the applicant about reasons for such refusal.
d) With respect to the activities specified in
clause 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 grant the license or permit; in case of refusal to grant 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 grant the license or permit; in case of refusal to grant the license
or permit, must inform the applicant about reasons for such refusal.
Article 22. Application for licenses or permits
to carry out the activities specified in clause 1, 2, 3, 8 and 10 of Article 13
herein
The applicant for a license or permit submits a set
of application directly or by post to the receiving agency as per Article 17
herein. The application package must include the following documents:
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2. Construction drawing required with respect to
clause 1, 2, 3 and 10 of Article 13 herein;
3. Plan of the location where the proposed activity
will take place;
4. Assessment of impacts of activities on operation
and safety of the project;
5. Written agreement entered into by the operator
of the project;
6. Written agreement on long-term or definite-term
use of land with the legal landlord.
Article 23. Application for licenses or permits
to carry out the activities specified in clause 4 of Article 13 herein
The applicant for a license or permit submits a set
of application directly or by post to the receiving agency as per Article 17
herein. The application package must include the following documents:
1. Written request form given in Appendix III
hereto;
2. Map scale 1:5,000 of the wastewater treatment
site or the location where wastewater is discharged into water body of the
project;
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4. Construction design plan and diagram of
procedures for operation of the wastewater treatment system;
5. Data and information obtained from the analysis
of water quality of the project at the wastewater discharge location; data and
information obtained from the analysis of wastewater quality before and after
treatment that are required in case of discharge of wastewater into water body
of the project that is underway;
6. Proposal for discharge of wastewater into the
project that is required if wastewater discharge is pending; assessment report
on actual condition of wastewater discharge that is required if wastewater
discharge into water body of the project is underway;
7. Copies of documents evidencing land use rights
over the installation site of the wastewater treatment system.
Article 24. Application for licenses or permits
to carry out the activities specified in clause 5 of Article 13 herein
The applicant for a license or permit submits a set
of application directly or by post to the receiving agency as per Article 17
herein. The application package must include the following documents:
1. Written request form given in Appendix III
hereto;
2. Plan of the location where the proposed activity
will take place;
3. Assessment of impacts of activities on operation
and safety of the project;
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Article 25. Application for licenses or permits
to carry out the activities specified in clause 6 of Article 13 herein
The applicant for a license or permit submits a set
of application directly or by post to the receiving agency as per Article 17
herein. The application package must include the following documents:
1. Written request form given in Appendix III
hereto;
2. Approved investment project;
3. Plan of the location where the proposed activity
will take place;
4. Assessment of impacts of activities on operation
and safety of the project;
5. Written agreement entered into by the operator
of the project.
Article 26. Application for licenses or permits
to carry out the activities specified in clause 7 of Article 13 herein
The applicant for a license or permit submits a set
of application directly or by post to the receiving agency as per Article 17
herein. The application package must include the following documents:
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2. Copy of the motor vehicle or inland watercraft
registration certificate;
3. Plan of the location where the proposed activity
will take place;
4. Assessment of impacts of activities on operation
and safety of the project;
5. Written agreement entered into by the operator
of the project.
Article 27. Application for licenses or permits
to carry out the activities specified in clause 9 of Article 13 herein
The applicant for a license or permit submits a set
of application directly or by post to the receiving agency as per Article 17
herein. The application package must include the following documents:
1. Written request form given in Appendix III hereto;
2. Copy of explosive license or permit;
3. Plan of the location where the proposed activity
will take place;
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5. Written agreement entered into by the operator
of the project.
Article 28. Application for approval for renewal
and revision of licenses or permits
The applicant for approval for renewal or revision
of a license or permit submits a set of application directly or by post to the
receiving agency as per Article 17 herein. The application package must include
the following documents:
1. Written application form given in Appendix III
hereto;
2. Supplementary
construction drawing or investment project that is required in case of seeking
consent to modifying the activities specified in clause 1, 2, 3, 4, 6 and 10 of
Article 13 herein that are shown in the license or permit in question; analysis
report on wastewater quality that is required in case of application for
modification of the activities specified in clause 4 of Article 13 herein that
are shown in the license or permit in question;
3. Progress report on use of the license or permit
in question;
4. Written agreement entered into by the operator
of the project.
Article 29. Procedures and documentation
requirements for approval 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 directly 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.
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3. Time limits for grant
of the renewed or revised license or permit:
a) With respect to the activities specified in
clause 1, 2, 3, 4 and 10 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 grant the renewed or revised license or permit; if all conditions are
not fully satisfied, must inform the applicant about reasons for refusal.
b) With respect to the activities specified in
clause 5 and 7 of Article 13 herein:
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 grant 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
clause 6, 8 and 9 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 grant 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
1. A license or permit may be re-issued in the
following cases:
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b) Name of the holder of the license that is
changed due to business transfer, merger, split-up, split-off or restructuring.
2. Procedures and documentation requirements for
reissuance of licenses or permits:
a) Where the situation specified in point a of
clause 1 of this Article occurs: The applicant for reissuance of the license or
permit submits a set of application directly or by post to the receiving agency
as per Article 17 herein.
b) Where the situation specified in point b of
clause 1 of this Article occurs: The applicant for reissuance of the license or
permit submits a set of application and documents evidencing any change in the
holder’s name directly or by post to the receiving agency as per Article 17
herein.
c) 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 grant the license or permit; if not, must inform the applicant about
reasons for refusal to grant such license or permit.
3. 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. Licensee’s rights
The holder of the license or permit to carry out
the activities within the protected area of a project shall assume 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.
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3. Have access to the Government’s compensation for
any loss occurring in case of the license or permit that is subject to
revocation or change in the validity period of that license or permit for
national defence and security purposes; in national or public interest in
accordance with law.
4. Request the licensing agency to approve renewal
and revision of the license or permit in question.
Article 32. Obligations of licensees
The holder of the license or permit to carry out
the activities within the protected area of a project shall take on the
following obligations:
1. Comply with regulatory provisions of the Law on
Irrigation and other relevant law.
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.
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Article 33. Suspension of licenses or permits
1. The license or permit shall be suspended when
the holder of that license or permit commits one of the following offences:
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 licensee 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;
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c) The licensee violates the decision on suspension
of the license or permit;
d) The action of revocation is required to serve
national defence 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
1. The Ministry of Agriculture and Rural
Development shall be responsible for inspecting issuance and compliance with
requirements of licenses or permits to carry out 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 to carry out activities within the protected areas of local
irrigation and hydraulic projects and structures.
Chapter V
IMPLEMENTATION PROVISIONS
Article 36. Entry into force
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Article 37. Grandfather clause
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 granted
before the entry into force of this Decree, and remains unexpired, it can be
used until it is expired.
2. If any applicant has
already submitted all required application for a license or permit to discharge
wastewater into water body of an irrigation and hydraulic project or structure
to the state agency in charge of water resources before the entry into force of
this Decree, granting the license or permit shall be subject to law on water
resources.
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 Ministry-level agencies,
Heads of Governmental bodies, Presidents of People’s Committees of provinces
and centrally-affiliated cities, and other entities or persons involved, shall
be responsible for enforcing this Decree./.
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