Chapter IV
PROCEDURES TO ISSUE PERMITS FOR WATER RESOURCE EXPLORATION, EXPLOITATION AND USE, OR DISCHARGE OF WASTEWATER INTO WATER SOURCES
Article 19 - Order and procedures for issuance of underground water -
1. Organizations and individuals applying for underground water - exploration permits shall submit two (2) dossier sets at the dossier-receiving agencies defined in Article 14 of this Decree. Such a dossier includes:
a. The application for permit.
b. The underground water - exploration scheme, for projects with the flow of 200
c. The notarized copies of the certificate or valid papers on the right to use land at the exploration sites according to the Land Law's provisions, or the document issued by the competent - level People's Committee, permitting the use of land for exploration.
2. The permit - issuing order is provided for as follows:
a. Within five (5) working days after receiving dossiers, the dossier - receiving
b. As from the date of receiving complete and valid dossiers as prescribed in Clause 1 of this Article, within fifteen (15) working days for exploration projects with the flow of under 3,000 m3/day and night, and thirty (30) working days for exploration projects with the flow of 3,000 m3/day and night or more, the dossier - receiving agencies shall have to evaluate the dossiers, conduct field inspection when necessary and, if obtaining enough permit - issuance grounds, submit the dossiers to the competent agencies for issuance of permits; in cases where the permit - issuance conditions are not fully met, the dossier - receiving agencies shall return the dossiers to the applying organizations or individual and notify thelatter of the reasons for non-issuance of permits.
Article 20 - Order and procedures for issuance of underground water 0 exploitation and - use permits.
1. Organizations and individuals applying for underground water - exploitation and use permits shall submit two (2) dossier sets at the dossier - receiving agencies defined in Article 14 of this Decree. Such a dossier includes.
a. The application for permit.
b. The underground water - exploitation scheme.
c. The map of the area and position of the underground water - exploitation project, of 1/50,000 - 1/25
d. The report on the results of exploration and evaluation of underground water deposit, for projects with the flow of 200 m3/day and night; the report on the results of construction of exploitation wells, for projects with the flow of under 200 m3/day and night; the report on the current exploitation situation of operating underground water - exploitation projects.
e. The results of analysis of the quality of water sources of use purposes according to the State's regulations at the time of application for the permit.
f. The notarized copies of the certificate or valid papers on the right to use land where exploitation well (s) is (are) located, according to the Land Law's provisions. In cases where the exploitation well land falls beyond the land use right of the applying organizations or individual, there must be a written land - use agreement between the exploiting organization or individual and the organization or individual having the land use right, which must be certified by the competent People's Committee.
2. The permit - issuing order is provided for as follows:
a. Within five (5) working days after receiving dossiers, the dossier - receiving
b. In cases where exploitation wells are already available, within fifteen (15) working days after receiving complete and valid dossiers as prescribed in Clause 1 of this Article, the dossier - receiving agencies shall have to evaluate the dossiers, conduct field inspection when necessary and, if obtaining enough permit - issuance grounds, submit the dossiers to competent agencies for issuance of permits; in cases where the permit - issuance conditions are not fully met, the dossier - receiving agencies shall return the dossiers to the applying organizations or individuals and notify the latter of the reasons for non-issuance of permits.
c. In cases where exploitation wells are not yet available, within ten (10) working days after receiving complete and valid dossiers as prescribed in Clause 1 of this Article, the dossier - receiving agencies shall have to evaluate the dossiers and submit them to competent agencies for issuance of documents permitting the construction of exploitation wells. Within fifteen (15) working days after receiving complete documents on exploitation - well construction, the dossier - receiving agencies shall have to evaluate the dossiers, conduct field inspection when necessary and, if obtaining enough permit - issuance grounds, submit the dossiers to competent agencies of issuance of permits; in cases where the permit - issuance conditions are not fully met, the dossier - receiving agencies shall return the dossiers to the applying organizations or individuals and notify the latter of the reasons for non - issuance of permits.
Order and procedures for issuance of surface water exploitation - and use - permits.
1. Organizations and individuals applying for surface water - exploitation and – use permits shall submit two (2) dossier sets at the dossier - receiving agencies defined in Article 14 of this Decree. Such a dossier includes:
a. The application for permit.
b. The water - exploitation and - use scheme enclosed with the operation process, for cases where exploitation works are unavailable; the report on the current water - exploitation and - use situation, for cases where exploitation works already exist.
c. The results of analysis of the quality of water sources for use purposes according to the State's regulations at the time of application for the permit.
d. The map of the area and position of the exploitation project, of 1/50,000 - 1/25,000 scale.
e. The notarized copies of the certificate of, or valid papers on, the right to use land where the exploitation work is to be located, according to the Land Law's provisions.
In cases where the exploitation work land falls beyond the land use right of the
2. The permit - issuing order is
a. Within five (5) working days after receiving dossiers, the dossier - receiving
Article 22 - Order and procedures for issuance of permits for discharge of wastewater into water sources
1. Organizations and individuals applying for permits for discharge of wastewater into water sources shall submit two (2) dossier sets at the dossier - receiving agencies defined in Article14 of this Decree. Such a dossier includes:
a. The application for permit.
b. The results of analysis of the quality of water sources that receive wastewater,
c. The regulations on sanitation - protection zone (if any), issued by the competent
d. The scheme on discharge of wastewater into water sources, enclosed with the
d. The map of the area where wastewater is discharged into water sources, of 1/50,000 - 1/25,000
e. The report on assessment of environmental impacts already approved by competent agency, for cases subject to assessment of environmental impactsunder law provisions.
f. The notarized copies of the certificate of, or valid papers on, the right to use land
2. The permit - issuing order is provided for as follows:
a. Within five (5) working days after receiving dossiers, the dossier - receiving
Article 23 - Order and procedures for
1. Organizations and individuals applying for
a. The application for extension or change of term, adjustment of contents of the permitclearly stating the reasons therefor).
b. The issued permit.
c. The results of analysis of the quality of water sources according to the State's
d. The report on the implementation of the provision in the permit.
e. The scheme on water resource exploration, exploitation and use or discharge of
2.
extension, change of terms or adjustment of contents of permits are fully met, submit the dossiers to competent agencies for the implementation thereof; in cases where the dossiers fail to fully meet the conditions for extension, change of terms or adjustment of contents of the permits, the dossier - receiving agencies shall return the dossiers to the applying organizations or individuals and notify the latter of the reasons therefor.
Tìm kiếm
Nghị định 149/2004/NĐ-CP (Bản Word)