Chapeter VIII
ISSUANCE, RE-ISSUANCE, EXTENSION, ADJUSTMENT, PERMISSIBLE RETURN AND REVOCATION OF SEA DUMPING PERMITS; THE LIST OF PHYSICAL MATTERS SUBJECT TO SEA DUMPING
Article 49. Issuance of sea dumping permit
1. A sea dumping permit shall be issued if all of the following conditions are satisfied:
a) The physical matters subject to sea dumping must meet all conditions prescribed in Clause 1 Article 58 of the Law on resources and environment of sea and islands;
b) The sea dumping plan must be set up in compliance with regulations in Clause 4 Article 57 of the Law on resources and environment of sea and islands;
c) The sea area which is used for dumping must be in conformity with the sea use planning and/or the master plan for sustainable extraction and use of coastal resources approved by competent authorities.
In cases where the sea use planning or the master plan for sustainable extraction and use of coastal resources is not approved, the sea area which is used for dumping shall be considered on the basis of the environmental impact assessment report approved by a competent authority in accordance with the law on environmental protection.
2. A sea dumping permit includes contents stated in Clause 1 Article 59 of the Law on resources and environment of sea and islands, and complies with Form No. 11 stated in the Annex herein.
3. The dumping in sea areas where marine resources are legally exploited and used, prohibited zones, areas of suspension of innocent passage and restricted areas are not permitted.
Article 50. Extension of sea dumping permit
1. A sea dumping permit is extended if the permitted period is not enough to finish the permitted dumping and the involved entity applies for an extension for dumping.
2. A sea dumping permit shall be extended if all of the following conditions are satisfied:
a) Permit is still effective for at least 60 more days;
b) Dumping activities are carried out consistently with contents specified in the sea dumping permit; all financial obligations are fulfilled in accordance with the laws;
c) Up to the time when the application for extension of sea dumping permit is submitted, the applicant has performed obligations prescribed in Clause 2 Article 61 of the Law on sea and island resources and environment.
3. If the application is approved, an extended sea dumping permit shall be granted.
Article 51. Adjustment of sea dumping permit
1. A sea dumping permit shall be adjusted in the following cases:
a) There is a change in name of the holder of sea dumping permit;
b) There is a change in dumping scale, or boundaries/ area of the sea area for dumping, or the method of sea dumping, or time for conducting sea dumping.
2. The adjustment of a sea dumping permit is approved if all of the following conditions are satisfied:
a) Permit is still effective for at least 45 more days;
b) Dumping activities are carried out consistently with contents specified in the sea dumping permit; all financial obligations are fulfilled in accordance with the laws;
c) Up to the time when the application for adjustment of sea dumping permit is submitted, the applicant has properly performed obligations prescribed in Clause 2 Article 61 of the Law on sea and island resources and environment.
3. If the application is approved, an adjusted sea dumping permit shall be granted. The effect of the adjusted sea dumping permit shall be the remaining effective period of the old permit.
Article 52. Permissible return of sea dumping permit
1. A sea dumping permit may be returned if the permit holder terminates its sea dumping operations.
2. The permissible return of sea dumping permit is approved if all of the following conditions are satisfied:
a) The sea dumping permit is still valid;
b) Dumping activities are carried out consistently with contents specified in the sea dumping permit; all financial obligations are fulfilled in accordance with the laws;
c) Up to the time when the application for permissible return of sea dumping permit is submitted, the applicant has fully performed obligations prescribed in Clause 2 Article 61 of the Law on sea and island resources and environment.
3. If the application is approved, a decision on approval for return of sea dumping permit shall be granted according to Form No. 12 stated in the Annex herein.
Article 53. Re-issuance of sea dumping permit
1. The reissuance of sea dumping permit shall be approved if the issued sea dumping permit is damaged or lost.
2. The sea dumping permit shall be re-issued if all of the following conditions are satisfied:
a) Permit is still effective for least 30 more days;
b) Dumping activities are carried out consistently with contents specified in the sea dumping permit; all financial obligations are fulfilled in accordance with the laws;
c) Up to the time when the application for reissuance of sea dumping permit is submitted, the applicant has fully performed the obligations prescribed in Clause 2 Article 61 of the Law on sea and island resources and environment.
3. If the application for reissuance of sea dumping permit is approved, a copy of the issued sea dumping permit shall be granted.
Article 54. Application for issuance/ reissuance/ extension/ adjustment/return of sea dumping permit
1. The application dossiers for issuance of sea dumping permit consists of:
a) The application form for issuance of sea dumping permit using Form No. 04 stated in the Annex herein;
b) The sea dumping plan using Form No. 03 stated in the Annex herein;
c) The copy accompanied by the original for comparison or the certified copy of the environmental impact assessment report approved by competent authority in accordance with the laws.
d) The copy accompanied by the original for comparison or the certified copy of the business registration certificate (if the applicant is an enterprise);
dd) The map of the sea area for carrying out dumping activities using Form No. 09 stated in the Annex herein.
2. The application dossiers for re-issuance of sea dumping permit consists of:
a) The application form for re-issuance of sea dumping permit in which reasons for re-issuance must be specified using Form No. 05 stated in the Annex herein;
b) The report on situation and result of sea dumping activities, environmental protection and the performance of obligations as referred to by law up to the time when the application for reissuance of sea dumping permit is submitted.
3. The application dossiers for extension of sea dumping permit consist of:
a) The application form for extension of sea dumping permit using Form No. 06 stated in the Annex herein;
b) The issued sea dumping permit;
c) The report on situation and result of sea dumping activities, environmental protection and the performance of obligations as referred to by law up to the time when the application for extension of sea dumping permit is submitted.
4. Application dossiers for return of sea dumping permit include:
a) The application form for return of sea dumping permit using Form No. 07 stated in the Annex herein;
b) The issued sea dumping permit;
c) The report on situation and result of sea dumping activities, environmental protection and the performance of obligations as referred to by law up to the time when the application for return of sea dumping permit is submitted.
5. The application dossiers for adjustments to sea dumping permit consist of:
a) The application form for adjustment of sea dumping permit in which reasons for adjustment must be specified using Form No. 08 stated in the Annex herein;
b) The issued sea dumping permit;
c) The report on situation and result of sea dumping activities, environmental protection and the performance of obligations as referred to by law up to the time when the application for adjustment of sea dumping permit is submitted;
d) The copy accompanied by the original for comparison or the certified copy of the environmental impact assessment report approved by competent authority in accordance with regulations of the law on environmental protection if the reason of the application for adjustment of sea dumping permit is change of dumping scale, or boundaries/area of sea area for dumping, or method of sea dumping;
dd) The copy accompanied by the original for comparison or the certified copy of the document proving the change of name of the sea dumping permit holder if the reason of the application for adjustment of sea dumping permit is change of name of the permit holder;
e) The map of the sea area for dumping using Form No. 09 stated in the Annex herein if there is a change in boundaries or area of sea area for dumping.
Article 55. Receipt and response to the application for issuance/ reissuance/ extension/ adjustment/return of sea dumping permit
1. Application-receiving authorities:
a) General Department of Vietnam’s Sea and Islands shall receive the application for issuance/ reissuance/ extension/ adjustment/return of sea dumping permit within the competence of Ministry of Resources and Environment;
b) Departments of Resources and Environment shall receive applications for issuance/ reissuance/ extension/ adjustment/return of sea dumping permit within the competence of people’s committees of coastal provinces.
2. Forms of receipt and response to the application:
a) Applications for issuance/ reissuance/ extension/ adjustment/return of sea dumping permit shall be submitted by hand or by post to the application-receiving authorities as referred to in Clause 1 of this Article;
b) Applicants shall, by hand or by post, receive application-processing results given by application-receiving authorities in accordance with the law.
Article 56. Contents of application for issuance/ reissuance/ extension/ adjustment/return of sea dumping permit to be appraised
1. The sufficiency in terms of form and contents of application dossiers.
2. The conformity of physical matters subject to the sea dumping with requirements in Clause 1 Article 58 of the Law on resources and environment of sea and islands.
3. c) The conformity of the sea area for dumping with the sea use planning or the master plan for sustainable extraction and use of coastal resources.
4. The conformity of the sea dumping plan with requirements in Clause 4 Article 57 of the Law on resources and environment of sea and islands.
Article 57. Procedures for issuance/ reissuance/ extension/ adjustment/return of sea dumping permit
1. Application receipt:
a) The applicant for issuance/ reissuance/ extension/ adjustment/return of sea dumping permit shall submit 02 sets of application dossiers to the application-receiving authority. If the application is submitted by post, the date of receiving application shall be the date on which it is delivered by the post office to the application-receiving authority;
b) The application-receiving authority shall check the application elements and contents. Within 01 working day from the date on which the valid application is received, the application-receiving authority shall grant an application receipt note giving an appointment to process the application according to Form No. 14 stated in the Annex herein. Within 03 working days from the date on which the application is received, if the application is invalid as referred to by law, the application-receiving authority shall give a written instruction to the application for complete the application.
2. The application shall be appraised according to the following procedures:
From the date on which the application receipt note is granted, within 60 days if the application for issuance of sea dumping permit is submitted, or within 45 days if the application for extension/ return of sea dumping permit is submitted, or within 30 days if the application for adjustment of sea dumping permit is submitted, or within 15 days if the application for re-issuance of sea dumping permit is submitted, the application-receiving authority shall discharge the following responsibilities:
a) Complete the appraisal of the application according to the contents stated in Article 56 of this Decree; the appraisal result must be recorded in writing.
The application-receiving authority may, if necessary, ask for written suggestions of relevant agencies or carry out the field inspection (the period for collecting suggestions or carrying out the field inspection shall be accounted into the appraisal period). Agencies that are asked for suggestions shall, within 20 days from the receipt of the written request for suggestion, give written response to relevant matters;
b) Send written request to the applicant for completing the application according to appraisal results, if the application requires a modification.
3. The application shall be submitted to competent authorities for settlement according to the following procedures:
a) Within 07 working days from the date on which the valid application is submitted, the application-receiving authority shall submit that application to the authority competent to issue sea dumping permit;
b) Within 07 working days from the date on which the valid application is submitted by the application-receiving authority, the authority competent to issue sea dumping permit shall consider and make decision on issuance/re-issuance/extension/adjustment/return of sea dumping permit. If the application is rejected, written reasons shall be given to the applicant.
4. Giving notice and returning results
Within 03 working days from the date on which the authority competent to issue sea dumping permit gives the application processing results, the application-receiving authority shall be responsible for informing the applicant of receiving the application processing results and performing relevant obligations as referred to by law and sending sea dumping permit to relevant regulatory bodies.
Article 58. Revocation of sea dumping permit
1. A sea dumping permit shall be revoked in the following cases:
a) A sea dumping permit holder misuses sea dumping activities for causing adverse influence on national defence, security and national interests, or infringing on the order and safety at sea, or causing serious impact on other entities’ legal extraction and use of marine resources;
b) Dumping activities are carried out inconsistently with contents in the issued sea dumping permit resulting in causing serious damage to the natural resources, pollution and degradation of marine environment and ecosystems; the sea area for dumping activities is used for other purposes;
c) After 03 (three) months from the effective date specified in the sea dumping permit but the sea dumping permit holder fails to carry out dumping activities, except for case of force majeure;
d) The sea area for dumping as permitted in the sea dumping permit is used for the purpose of national defence, security and interests as referred to by laws, or is announced as prohibited zone by a competent authority;
dd) The sea dumping permit holder has dissolution or bankruptcy declared as referred to by laws.
2. The revocation of sea dumping permit in cases mentioned in Points a, b and c Clause 1 of this Article shall comply with the following procedures:
a) Within 07 working days from the date on which a competent authority makes a written conclusion that the sea dumping permit holder commits any of violations mentioned in Points a, b and c Clause 1 of this Article, the authority mentioned in Clause 1 Article 55 of this Decree shall request the competent authority to make decision on the revocation of sea dumping permit;
b) Within 10 working days from the receipt of written request for the revocation of sea dumping permit, the competent authority shall consider and make decision on the revocation of sea dumping permit;
c) Within 03 working days from the issued date of decision on the revocation of sea dumping permit by the competent authority, the authority mentioned in Clause 1 Article 55 of this Decree shall send that decision on the revocation of sea dumping permit to the sea dumping permit holder and relevant agencies.
3. The revocation of sea dumping permit in cases mentioned in Points d and dd Clause 1 of this Article shall comply with the following procedures:
a) Within 07 working days from the date on which a competent authority announces that the sea area for dumping is used to serve national defense, security and national interests as referred to by laws or the sea area for dumping is announced as prohibited zone, or from the date on which the sea dumping permit holder has dissolution or bankruptcy declared, the authority mentioned in Clause 1 Article 55 of this Decree shall request the competent authority to make decision on the revocation of sea dumping permit;
b) Within 10 working days from the receipt of written request for the revocation of sea dumping permit, the competent authority shall consider and make decision on the revocation of sea dumping permit;
c) Within 03 working days from the issued date of decision on the revocation of sea dumping permit by the competent authority, the authority mentioned in Clause 1 Article 55 of this Decree shall send that decision on the revocation of sea dumping permit to the sea dumping permit holder and relevant agencies.
4. Decision on the revocation of sea dumping permit shall follow Form No. 13 stated in the Annex herein.
5. Sea dumping permit holders shall be supported or compensated as regulated by laws if their sea dumping permits are revoked in the case mentioned in Point d Clause 1 of this Article.
Article 59. Termination of effect of sea dumping permit
1. Effect of a sea dumping permit shall come to an end in the following cases:
a) The sea dumping permit is revoked;
b) The sea dumping permit expires;
c) The return of sea dumping permit is approved.
2. When a sea dumping permit is invalidated as referred to in Clause 1 of this Article, the sea dumping permit holder is responsible for settling facilities and equipment serving dumping activities and submitting report to competent authority for verification.
The authority mentioned in Clause 1 Article 55 of this Decree shall inform relevant agencies of termination of effect of a sea dumping permit.
Article 60. List of physical matters subject to sea dumping
The following physical matters are subject to sea dumping:
1. Dredged materials.
2. Sewage sludge.
3. Fish wage or material resulting from industrial fish processing operation.
4. Vessels and platforms or man-made structures at sea.
5. Inert geological materials and inorganic matters.
6. Natural organic matters.
7. Non-poisonous bulky items which are mainly made of iron, steel, concrete and similar materials but there is no disposal method better than dumping in a specific condition or circumstance.
8. Carbon dioxide (CO2) which is captured and stored.
Tìm kiếm
Nghị định 40/2016/NĐ-CP (Bản Word)
Nghị định 40/2016/NĐ-CP (Bản Pdf)