Chương III 82/2017/NĐ-CP: Tổ chức thực hiện

Chapter III

ORGANIZATION OF IMPLEMENTION

Article 18. Transition provision

1. Applications for water resources license that have been received by competent authorities before the date of entry into force of this Decree shall be processed in accordance with the following regulations:

a) If an applicant for license wants to supplement the application for calculation of charge for granting water right, the authority that receives the application for license shall receive and appraise such application for charge calculation and the application for license at the same time;

b) If an applicant for license does not supplement the application for calculation of charge for granting water right, such application for license shall be processed as cases where license is granted before the date of entry into force of this Decree.

2. Time period to calculate charge for granting water right in cases where the license to exploit water resources is granted before the date of entry into force of this Decree shall be calculated by days in accordance with the following regulations:

a) If the water exploitation work is operating, the time period to calculate charge shall be the period from the effective date of this Decree to the expiry date of the license;

b) If the water exploitation work is not yet put into operation, the time period to calculate charge shall be determined in accordance with regulations in Point b Clause 4 Article 7 herein.

3. Time limit for submitting application for calculation of charge for granting water right in cases where the license to exploit water resources is granted before the date of entry into force of this Decree shall be performed in accordance with the following regulations:

a) Within duration of not exceeding 12 months from the date of entry into force of this Decree, organizations and individuals that are required to pay charges for granting water right must calculate and submit applications for calculation of charge for granting water right in accordance with applicable regulations;

b) Department of Water Resources Management shall request holders of licenses granted by Ministry of Natural Resources and Environment, and Provincial Departments of Natural Resources and Environment shall request holders of licenses granted by Provincial-level People’s Committees to submit applications for calculation of charge for granting water right.

4. Procedures for calculating charges for granting water right in cases where the license to exploit water resources is granted before the date of entry into force of this Decree shall be performed in accordance with the following regulations:

a) The application for calculation of charge for granting water right includes: Declaration on information for calculating charge for granting water right made according to the Appendix III enclosed herewith; the copy of the license to exploit and use water resources;

b) The license holder shall, by post, by hand or electronically, send 02 sets of application to the application-receiving authority; the application-receiving authority shall consider the application. If an application is rejected, within 02 working days, the application-receiving authority shall return such application to the applicant enclosed with a written explanation thereof;

c) Within 30 working days from the receipt of a valid application as prescribed in Point a of this Clause, the application-receiving authority shall organize an appraisal of such application and submit it to the regulatory authority for giving approval for charge for granting water right;

d) Within 05 working days from the receipt of the decision on approval for charge for granting water right made according to the Appendix V enclosed herewith, the application-receiving authority shall send notice enclosed with such approval decision to the license holder and the Department of Taxation of province or city where the water exploitation work is located.

5. The license which is granted before the date of entry into force of this Decree but does not include or includes the purpose of water exploitation inconsistently with regulations herein, the license holder shall, based on the actual exploitation and use of water of the work, make declaration for calculating charge for granting water right in accordance with regulations herein.

Article 19. Entry into force

1. This Decree shall come into force as from September 01, 2017.

2. Article 40, Clause 3 Article 47 of the Government’s Decree No. 201/2013/ND-CP dated November 27, 2013 detailing certain articles of the Law on Water Resources shall be repealed.

Article 20. Implementation responsibility

1. Ministry of Natural Resources and Environment shall instruct and organize the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of the Government’s affiliates, Chairpersons of people’s committees of central-affiliated cities or provinces, and relevant organizations and individuals shall be responsible for implementing this Decree./.