Chương IV Nghị định 67/2018/NĐ-CP: Cấp giấy phép cho các hoạt động trong phạm vi bảo vệ công trình thủy lợi

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;

6. Carrying out activities related to tourism, sports, scientific research, business and services;

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

1. Granting licenses or permits for activities to be carried out within the protected areas of hydraulic or irrigation projects shall be based on the followings:

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;

b) Provincial People's Committees shall be accorded authority to issue, reissue, renew, 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, except the cases specified in point a of this clause.

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

Each license or permit for activities to be carried out within the protected areas of a hydraulic or irrigation project must include the following particulars:

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:

a) Scope of operation;

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.

b) With respect to the activities specified in clause 4 of Article 13 herein:

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:

1. Written request form given in Appendix III hereto;

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;

3. Written agreement entered into by the operator of the project;

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;

4. Written agreement entered into by the operator of the project.

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:

1. Written request form given in Appendix III hereto;

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;

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 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.

2. Within 03 working days of receipt of the submitted 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.

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:

a) It has gone missing; is ruined or damaged;

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.

2. Receive protection for legitimate rights and interests specified in the license or permit from the Government.

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.

6. Provide full and authentic data and information about activities to be carried out within the protected area of the project as requested by competent state agencies.

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;

b) The licensee is dissolved or declared bankrupt by the court; is dead or declared dead by the court; is incapable of performing civil acts or declared missing;

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.

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