Chương II Nghị định 60/2016/NĐ-CP quy định điều kiện đầu tư kinh doanh trong lĩnh vực tài nguyên và môi trường: Điều kiện đầu tư kinh doanh trong lĩnh vực tài nguyên nước

Chapter II

REGULATORY REQUIREMENTS FOR TRADE AND INVESTMENT IN THE ENVIRONMENT AND NATURAL RESOURCE SECTOR

Article 3. Licensed groundwater drilling scale

1. Licensed groundwater drilling scale shall be regulated as follows:

a) Small-scale groundwater drilling means drilling and installation of groundwater wells that have below-110-mm diameter casing or tubular pipes, and belong to the projects that each provide their water flow of less than 200 m³/day-night;

b) Medium-scale groundwater drilling means drilling and installation of groundwater wells that have below-250-mm diameter casing or tubular pipes, and belong to the projects designed to provide the water flow ranging from 200 m3/day-night to under less than 3,000 m³/day-night;

c) Large-scale groundwater drilling includes operations other than those covered by Point a and b Clause 1 of this Article.

2. The projects referred to in Clause 1 of this Article are systems constituted by one or more wells located within the same groundwater exploration and abstraction site, and having the distance between adjacent wells of less than 1,000 m, and owned by one institutional or individual entity; a project’s water flow refers to total water flow produced by wells in that project.

3. Organizations or individuals, to the extent that they are licensed to operate their groundwater drilling on a specified scale, shall be entitled to operate on that scale and smaller one; are licensed to drill and install exploration, abstraction, investigation and survey boreholes or wells with the objectives of abstracting, studying, assessing and monitoring groundwater, which have respective diameters referred to in Clause 1 of this Article.

Article 4. Licensing requirements for groundwater drilling

Institutional or individual entities operating groundwater drilling must fully meet the following requirements:

1. Obtain a decision on establishment of an institutional entity from a competent authority, or one of the following qualifications, such as business registration certificate, business and tax registration certificate, enterprise registration certificate as required of such institutional entity, or business household registration certificate as required of an individual group, a family household granted by a competent regulatory authority.

2. The person appointed as the head of an institutional entity (Director or General Director), or the person assuming prime responsibility for technical issues of an institutional or individual entity (hereinafter referred to as technical responsible person), must meet the following requirements:

a) Accredited small-scale groundwater drilling:

Complete a technical or vocational associate degree in geological disciplines (including exploration geology, hydrogeology, engineering geology and geotechnical engineering), drilling practices, and acquire a minimum of 2 years' experience in practicing his/her trained profession, or graduate from a drilling worker's degree at the level of 3/7 or at least equivalent and acquire a minimum of 4 consecutive years' experience in practicing his/her trained profession; get directly involved in designing, reporting or drilling a minimum of 5 groundwater drilling projects.

Unless the said degrees or certificates are presented, (s)he is required to have acquired a minimum of 5 consecutive years' experience in practicing his/her trained profession, been directly involved in a minimum of 10 groundwater drilling works and obtained the certificate in successfully completing a technical training course on groundwater resource protection for the groundwater drilling practice, held by Water Resource Management Department or provincial-level Department of Natural Resource and Environment;

b) Accredited medium-scale groundwater drilling:

Complete at least a university degree in geological disciplines (including exploration, hydrographic, engineering and technical geology), drilling practices, and acquire a minimum of 3 years' experience in practicing his/her trained profession, or graduate from an associate degree program (including exploration, hydrographic, engineering and geotechnical engineering), drilling practices, and acquire a minimum of 5 years' experience in practicing his/her trained profession; get directly involved in formulating exploration projects or reports, designing a system of abstraction wells, or take charge of a minimum of 5 groundwater drilling works that each have their water flow of at least 200 m³/day-night;

c) Accredited large-scale groundwater drilling:

Complete at least a university degree in geological disciplines (including exploration, hydrographic, engineering and geotechnical engineering), drilling practices, and acquire a minimum of 7 years' experience in practicing his/her trained profession; get directly involved in formulating exploration projects or reports, designing a system of abstraction wells, or take charge of a minimum of 3 groundwater drilling works that each have their water flow of at least 3,000 m³/day-night;

d) Technical responsible person must be a person affiliated, or entering into an employment contract, with an authorized professional organization or individual in accordance with the laws on labor. Where such employment contract takes the form of a fixed-term contract, the remaining validity duration of the contract must be at least 12 months on the date upon which the registration dossier is submitted.

3. Drilling machinery and equipment must ensure conformance with technical specifications referred to in Article 10 hereof.

Article 5. Requirements concerning competency of water resource practicing organizations

1. Water resource practicing organizations must obtain one of the followings:

a) The decision on establishment issued to these organizations by a competent regulatory authority which specifies functions, duties concerning basic water resource investigation, planning and other water resource operations;

b) Business registration certificate, business and tax registration certificate, or enterprise registration certificate issued by a competent regulatory authority.

2. Their professional personnel taking part in execution of programs, projects or preparation of relevant reports must meet the following requirements:

a) With respect to basic water resource investigation or planning programs or projects, their professional personnel is required to meet requirements concerning professional practices and experience referred to in Article 6 and their technical responsible person is required to meet regulations laid down in Article 7 hereof;

b) With respect to the preparation of projects and reports in the application documentation for the water resources license, their professional personnel is required to meet requirements concerning professional practices and experience as referred to in Article 8 hereof.

3. Each individual belonging to their professional personnel referred to in Clause 2 of this Article must meet the following requirements:

a) Be a Vietnamese citizen or an alien licensed to work within the territory of Vietnam in accordance with the laws on labor;

b) Hold a university degree or higher ones in the profession corresponding to his/her assigned duties. These degrees must be issued by domestic or overseas educational establishments in accordance with laws and regulations;

c) Obtain the hiring decision or employment contract with recruiting organizations as provided for by laws. Where such employment contract takes the form of a fixed-term contract, the remaining validity duration of the contract must be at least 06 months on the date upon which the dossier of demonstration of competency in water resource practicing is prepared.

4. Have special-purpose machinery and equipment that ensure conformity with requirements referred to in Article 10 hereof. Where such machinery and equipment are not owned by these organizations, an equipment or machinery leasing agreement with other organizations or individuals must exist.

5. Where program, project or reporting activities are subject to requirements for their implementation, these organizations are required to meet these requirements, or have cooperation or partnership agreements or lease contracts with accredited organizations or individuals for this implementation.

Article 6. Requirements regarding the professional personnel of the said organizations getting involved in implementation of basic water resource investigation or planning programs or projects

1. Organizations licensed to develop basic water resource investigation programs or projects:

a) Professional organization structure: Have a minimum of 5 employees which have been trained in academic disciplines relating to surface and sea water (hydrography, oceanography, engineering hydrology, environmental hydrology and water resource engineering), groundwater (geology, hydrogeology, engineering geology, exploration drilling practice, geophysics and geotechnical engineering), environment (environmental science, environmental technology, environmental engineering and environmental management), water resource management or other academic ones relating to water resource. Professional personnel structure must accord with specific contents of each basic water resource investigation program or project;

b) Working experience: Have a minimum of 3 years’ experience in basic water resource investigation and planning activities, or get directly involved in implementing a minimum of 02 basic water resource investigation or planning projects or programs.

2. Organizations licensed to execute water resource planning projects:

a) Professional organization structure: Have a minimum of 7 employees which have been trained in academic disciplines relating to surface and sea water (hydrography, oceanography, engineering hydrology, environmental hydrology and water resource engineering), groundwater (geology, hydrogeology, engineering geology, exploration drilling practice, geophysics and geotechnical engineering), environment (environmental science, environmental technology, environmental engineering and environmental management), water resource management or other academic ones relating to water resource. Professional personnel structure must accord with specific contents of each water resource planning project;

b) Working experience: Have a minimum of 4 years’ experience in basic water resource investigation and planning activities, or get directly involved in implementing a minimum of 3 basic water resource investigation or planning projects or programs.

Article 7. Eligibility requirements for technical responsible persons of basic water resource investigation or planning programs or projects

1. Basic water resource investigation programs or projects:

a) Academic discipline: hydrography, oceanography, hydrogeology, environmental engineering, water resource engineering;

b) Working experience: Have a minimum of 5 years’ experience in basic water resource investigation and planning activities, or get directly involved in implementing a minimum of 3 basic water resource investigation or planning projects or programs;

c) At the same time, be in charge of technical issues of a minimum of 3 basic water resource investigation programs or projects.

2. Water resource planning projects:

a) Academic discipline: hydrography, hydrogeology, environmental engineering, water resource engineering;

b) Working experience: Have a minimum of 7 years’ experience in basic water resource investigation and planning activities, or get directly involved in implementing a minimum of 5 basic water resource investigation or planning projects or programs;

c) At the same time, be in charge of technical issues of a minimum of 2 water resource planning projects.

Article 8. Eligibility requirements for professional personnel for formulation of projects or reports constituting the application dossier for water resource licenses

1. The number of professional personnel:

a) Projects or programs subject to the Ministry of Natural Resource and Environment's licensing authority: Have a minimum of 3 officers completing training programs in disciplines referred to in Clause 2 of this Article;

b) Projects or programs subject to the provincial-level People’s Committee's licensing authority: Have a minimum of 2 officers completing training programs in disciplines referred to in Clause 2 of this Article.

2. Academic disciplines:

a) Surface and sea water abstraction and utilization programs and reports: Include academic disciplines relating to surface and sea water (hydrography, oceanography, engineering hydrology, environmental hydrology and water resource engineering);

b) Groundwater exploration, abstraction and utilization programs and reports: Include academic disciplines relating to groundwater (geology, hydrogeology, engineering geology, exploration drilling practice, geophysics and geotechnical engineering);

c) Programs for and reports on discharge of wastewater into the receiving water: Include academic disciplines relating to environment (environmental science, environmental technology, environmental engineering and environmental management).

3. Working experience:

a) Projects or programs subject to the Ministry of Natural Resource and Environment's licensing authority: Have a minimum of 3 years’ experience in the water resource and environment sector, or get directly involved in developing a minimum of 3 programs or reports. Technical responsible persons of these projects or reports must have a minimum of 5 years’ experience or get directly involved in developing a minimum of 5 programs or reports;

b) Projects or programs subject to the provincial-level People’s Committee's licensing authority: Acquire a minimum of 3 years’ experience in the water resource and environment sector, or get directly involved in developing at least 1 program or report. Technical responsible persons of these projects or reports must have a minimum of 3 years’ experience or get directly involved in developing a minimum of 3 programs or reports.

4. At the same time, a technical responsible person of such program or report shall only be allowed to be in charge of technical issues of a maximum of 3 programs or reports.

Article 9. Eligibility requirements for individuals as independent consultants on formulation of projects or reports constituting the application dossier for water resource licenses

Individuals providing independent consultancy for formulation of projects or reports constituting the application dossier for water resource licenses must conform to requirements referred to Point a and b Clause 3 Article 5 hereof and the following ones:

1. Graduate from academic disciplines relevant to programs or reports as provided for by Clause 2 Article 8 hereof.

2. Working experience:

a) Formulation of programs or reports constituting the application dossier for water resource licenses that fall within the Ministry of Natural Resource and Environment's jurisdiction: Acquire a minimum of 15 years’ experience and be appointed as technical responsible persons of a minimum of 7 programs or reports;

b) Formulation of programs or reports constituting the application dossier for water resource licenses that fall within the provincial-level People’s Committee's jurisdiction: Acquire a minimum of 8 years’ experience in the water resource sector and be appointed as technical responsible persons of a minimum of 5 programs or reports.

3. At the same time, those individuals as independent consultants shall only be allowed to provide consultancy for formulation of 1 program or report included in the application dossier for water resource license.

Article 10. Requirements with respect to special-purpose machinery or equipment

1. Special-purpose machinery or equipment that are currently owned or leased must ensure that quantity, quality and technical attributes are consistent with specific work activities.

2. When machinery or equipment items are subject to quality control tests in accordance with laws and regulations, the certificate of quality issued by competent regulatory authority is required.

3. Where any program or project includes groundwater drilling activities, drilling machines and equipment used for such activities must meet requirements with respect to the practicing scale and labor safety in accordance with laws and regulations.

Article 11. Requirements concerning competency of organizations or individuals in implementation of programs, projects or reports in the water resource sector

1. Practicing organizations or individuals, when implementing basic investigation programs, projects, or providing consultancy for formulation of planning schemes, programs or reports constituting the application dossier for water resource licenses, must submit dossiers that demonstrate their competency conforming to requirements referred to in this Decree.

2. The required dossier of demonstration of competency applied to water resource practicing organizations:

a) The authenticated copy, or the copy and original copy attached thereto for verification purpose, of papers referred to in Clause 1 Article 5, and papers, materials or contracts submitted to serve the purpose of demonstrating conformance with requirements with respect to work activities subject to implementation requirements (where appropriate) in accordance with Clause 5 Article 5 hereof;

b) The list of professionals and technical responsible persons; the certified copy or the copy and the original copy attached thereto for the purpose of assuring consistency of information with identification cards or passports, academic degrees or practicing certificates (where appropriate), employment contracts or recruitment decisions; materials or papers used for the purpose of demonstrating working experience of each individual as required by Article 6, 7 and 8 hereof;

c) The approved list of special-purpose machinery and equipment used for implementation of programs, projects, and materials demonstrating conformance with requirements referred to in Article 10 hereof.

3. Competency requirements for individuals as independent consultants on formulation of projects or reports constituting the application dossier for water resource licenses:

a) The certified copy, or the copy and the original copy attached thereto for the purpose of assuring consistency of information with identification cards or passports, academic degrees or diplomas;

b) Materials or papers demonstrating working experience of individuals in conformity with requirements referred to in Clause 2 Article 9 hereof.

4. Practicing organizations or individuals must submit competency demonstration dossiers to agencies that have authority over assignment of duties, commissioning and procurement, or organizations or individuals that hire them to develop programs or reports as a basis for selection of organizations or individuals conforming to competency requirements for implementation of programs, projects or reports.