Circular No. 11/2007/TT-BTNMT dated December 25, 2007 of the Ministry of Natural Resources and Environemnt guiding the grant of operation permits for special-use hydrometeorological works

CIRCULAR

GUIDING THE GRANT OF OPERATION PERMITS FOR SPECIAL-USE HYDROMETEOROLOGICAL WORKS

Pursuant to the December 2, 1994 Ordinance on Exploitation and Protection of Hydro-meteorological Works;

Pursuant to the Governments Decree No. 24/CP of March 19, 1997, detailing the implementation of the Ordinance on Exploitation and Protection of Hydro-meteorological Works;

Pursuant to the Governments Decree No. 91/2002/ND-CP of November 11, 2002, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

The Ministry of Natural Resources and Environment guides the grant of operation permits for special-use hydro-meteorological works as follows:

I. GENERAL PROVISIONS

1. Scope of regulation

This Circular guides the grant, extension, modification and withdrawal of operation permits for special-use hydro-meteorological works.

2. Subjects of application

a/ This Circular applies to hydrometeorology state management agencies, and organizations and individuals engaged in the construction, management, exploitation and protection of hydro-meteorological works to meet their work requirements.

b/ Basic hydro-meteorological works under the Ministry of Natural Resources and Environments management and hydro-meteorological works for defense and security purposes are not governed by this Circular.

II. PROVISIONS ON GRANTING OPERATION PERMITS FOR SPECIAL-USE HYDROMETEOROLOGICAL WORKS

1. Permit-free cases

a/ Special-use hydro-meteorological works operating for less than twelve (12) month;

b/ Rainfall-measuring works;

c/ Works measuring one or several hydro-meteorological factors to serve geological investigation and survey, hydroelectric construction, operation of reservoirs, ports and waterway transport.

2. Conditions for obtaining operation permits for special-use hydro-meteorological works

An organization or individual may be granted a permit to operate a special-use hydro-meteorological work when satisfying the following conditions:

a/ Having, a decision on the organizations establishment (or a business registration certificate) issued by a competent state agency which covers hydro-meteorological operation;

b/ The organization head or the chief technician must possess professional skills in response to requirements for each hydro-meteorological work and have at least one (01) year of experience in hydrometeorology;

c/ The works equipment and machinery must match and meet requirements for the works scale and labor safety according to current regulations;

d/ Having a land use right certificate or a notarized land-lease contract.

3. Competence to grant, extend, modify and withdraw operation permits for special-use hydro-meteorological works

a/ The Ministry of Natural Resources and Environment may grant, extend, modify or withdraw operation permits for special-use hydro-meteorological works under the management of ministries and central-level branches, economic organizations and mass organizations;

b/ Provincial/municipal Peoples Committees may grant, extend, modify or withdraw operation permits for special-use hydro-meteorological works under the management of provincial-level Services, divisions and branches, local economic organizations and mass organizations, and individuals;

c/ When necessary, the Ministry of Natural Resources and Environment may authorize provincial/municipal Peoples Committees to grant, extend, modify or withdraw operation permits for special-use hydro-meteorological works under the management of ministries, and central-level branches, economic organizations and mass organizations.

4. Permit application dossier processing agencies

a/ The Ministry of Natural Resources and Environments Hydrometeorology Department shall process permit application dossiers for cases to be licensed by the Ministry of Natural Resources and Environment;

b/ Provincial/municipal Natural Resources and Environment Services shall process permit application dossiers for cases to be licensed by provincial/municipal Peoples Committees.

5. Responsibilities of agencies competent to grant, extend, modify and withdraw operation permits for special-use hydro-meteorological works

a/ To consider the grant, extension, modification or withdrawal of operation permits for special-use hydro-meteorological works;

b/ To explain in writing to organizations and individuals when refusing to grant, extend or modify a permit;

c/ To conduct regular and extraordinary inspection and examination of the operation of special-use hydro-meteorological works.

6. Rights and responsibilities of permit holders

a/ A permit holder has the following rights:

- To carry out activities specified in the permit;

- To enjoy state protection for lawful rights and interests specified in the permit;

- To request the licensing agency to extend, modify, or re-grant the permit according to regulations;

- To petition or sue for violations hurting the holders lawful rights and interests in the course of operation of the special-use hydro-meteorological work according to law;

b/ A permit holder has the following obligations:

- To be responsible for contents of the dossier of application for obtaining, modifying or extending an operation permit for a special-use hydro-meteorological work;

- To ensure lawful operation of the special-use hydro-meteorological work in compliance with the permits provisions and relevant legal provisions on hydrometeorology;

- To manage, file and use hydro-meteorological materials exploited from the special-use hydr-meteorological work in accordance with the Governments Decree No. 24/CP of March 19, 1997, and relevant current regulations;

- To pay dossier appraisal fees and licensing charges; to compensate for the damage caused by the project owner in the course of operation according to law;

- Prior to December 15 every year, to report on the works operation to the licensing agency according to Form No. 9 attached to this Circular (not printed herein).

7. Permit term

The term of an operation permit for a special-use hydro-meteorological work is ten (10) years and may be extended many times for five (5) years each.

8. Permit extension

An operation permit for a hydro-meteorological work may be extended if the conditions prescribed in Clause 2, Section II of this Circular and the following conditions are met:

a/ In the course of operation, the organization or individual having the permit has fulfilled the obligations specified at Point b, Clause 6, Section II of this Circular; and does not violate the permits provisions and legal provisions on hydrometeorology;

b/ At the time of submitting a permit extension application dossier, the permit is still valid for at least thirty (30) days;

c/ Permit extension application dossiers that are submitted after the time prescribed at Point b of this Clause are not accepted. Licensed organizations or individuals shall submit a dossier of application for a new permit.

9. Permit modification

Contents of a permit may be considered for modification when the licensed organization or individual requests to change the works scale, or the licensing agency decides to change the works scale due to the organizations or individuals failure to satisfy conditions for the works operation prescribed in the permit.

10. Suspension of permit validity

a/ The validity of a permit is suspended in the following cases:

- The work owner violates the permits provisions;

- The work owner sells the permit.

b/ The licensing agency may decide on the duration to suspend the permit validity. During the suspension time, the permit holder does not have the rights and obligations related to the permit.

11. Permit withdrawal

A permit is withdrawn in the following cases:

a/ The organization being the work holder is dissolved or declared bankrupt by a court;

b/ The permit is not used for twelve (12) consecutive months without a competent agencys approval;

c/ The work holder violates the decision to suspend the permit validity;

d/ The permit is granted ultra vires.

12. Permit return

a/ When no longer needing a permit, a work owner may return it and shall give the reason in writing to the licensing agency;

b/ A work owner having renamed a permit may only be considered and granted a new permit after one (01) year from the date of permit return.

13. Termination of permit validity

a/ The validity of a permit terminates in the following cases:

- The permit is withdrawn;

- The permit expires without being extended;

- The permit is returned.

b/ When the validity of a permit terminates, all the rights and obligations related to the permit will also terminate.

III. ORDER OF AND PROCEDURES FOR GRANTING, EXTENDING, MODIFYING AND RE-GRANTING PERMITS

1. Organizations, individuals undersigning permit application dossiers

a/ Investors of new special-use hydro-meteorological works shall undersign permit application dossiers and submit them to the dossier handling agency in the investment implementation phase;

b/ Organizations or individuals that manage operating special-use hydro-meteorological works which have not been licensed shall undersign permit application dossiers.

2. Permit application dossiers

A permit application dossier comprises:

a/ An application for a permit to operate a special-use hydro-meteorological work, made according to Form No. 1 attached to this Circular (not printed herein);

b/ A detailed report on the purpose and necessity for the construction, and the special-use hydro-meteorological works scale;

c/ Notarized copies of professional diplomas and certificates of the technician or individual;

d/ The land use right certificate or a notarized contract on land lease for the work construction;

e/ Dossiers on the work

- For meteorological works:

+ The sketch (or detailed description) of the area adjacent to the work within a radius of 500 meters;

+ The works ground plan (observation garden, working office);

+ The height of atmospheric pressure measuring devices (if any);

+ Description of impacts of objects blocking the work.

- For hydrographical works:

+ The sketch of the section of the river (lake, canal or ditch) where the work is installed;

+ The works ground plan (measuring work, working office);

+ Use level (national or supposed).

3. Permit-granting order

a/ Dossier submission

- For works to be licensed by the Ministry of Natural Resources and Environment:

The organization or individual undersigning the permit application dossier shall send two (2) sets of dossier to the Ministry of Natural Resources and Environments Hydro-meteorological Department and send a copy set to the Natural Resources and Environment Service of the province/city where the work is installed.

- For works to be licensed by provincial/municipal Peoples Committees:

The organization or individual undersigning the permit application dossier shall send two (2) sets of dossiers to the Natural Resources and Environment Service of the province/city where the work is installed.

b/ Dossier receipt

The dossier receiving agency shall check the completeness and validity of the permit application dossier under Clause 2, Section III of this Circular within five (5) working days from the date of receiving it. When the dossier is incomplete or invalid, the dossier receiving agency shall notify in writing for the organization or individual to complete the dossier accordingly.

c/ Dossier appraisal

- Within twenty (20) working days from the date of receiving a complete and valid dossier, the permit application dossier handling agency shall appraise it and submit it to the agency competent to grant a permit; when the dossier fails to meet licensing requirements, the agency shall return it and notify the organization or individual of the reason for refusal in writing;

- The following contents of a dossier shall be appraised:

+ The legal basis for applying for an operation permit for the hydro-meteorological work;

+ The detailed report on the purpose and necessity for the construction, and the special-use hydro-meteorological works scale;

+ Dossiers on the hydro-meteorological work;

+ The rationality of the selection of the work location and the plan on the work arrangement.

- When necessary, the dossier receiving agency may check the works site and the organization or individual applying for the permit shall supply information relating to the examination at the dossier receiving agencys request;

- Within ten (10) working days from the date of receiving a copy of the permit application dossier, provincial/municipal Natural Resources and Environment Services shall give their opinion on the permit application for cases to be appraised by the Hydrometeorology Department.

d/ Licensing decision

Within three (3) days from the date of receiving a permit grant proposal, the competent agency shall issue a decision to grant an operation permit to a special-use hydro-meteorological work (made according to Form No. 2 or No. 3 attached to this Circular, not printed herein); in case of refusal, it shall issue a written notice, clearly stating the reason, for the dossier handling agency to return the dossier to the organization or individual applicant.

4. Order of extending and modifying operation permits for special-use hydro-meteorological works

a/ A dossier of application for extension or modification of a permit comprises:

- An application for extension or modification of the permit, made according to Form No. 4 attached to this Circular (not printed herein);

- A report on the special-use hydro-meteorological works operation since it was licensed;

- The operation permit for the special-use hydro-meteorological work.

b/ The dossier submission, order of receiving, appraising, submitting for approval and deciding to extend or modify a permit shall be carried out as the case of applying for a permit prescribed in Clause 3, Section III of this Circular; the time limit for appraising and submitting for approval, a dossier of application for permit extension or modification is ten (10) working days from the date of receiving a valid dossier.

5. Permit re-grant

a/ A permit may be re-granted when:

- It is lost;

- It is torn or ruined and can no longer be used.

b/ Order of and procedures for re-granting a permit:

- The organization or individual undersigning the dossier of application for permit re-grant (made according to Form No. 5 attached to this Circular, not printed herein) shall submit the dossier and the torn or ruined permit to the permit application dossier handling agency;

- Within five (5) working days from the date of receiving an application for permit re-grant, the dossier receiving agency shall check and make a report and submit it to the competent agency for consideration to re-grant the permit. In case of refusal, the dossier receiving agency shall issue a written notice stating the reason to the organization or individual;

- When finding the lost permit, the organization or individual shall return it to the permit application dossier handling agency.

IV. ORGANIZATION OF IMPLEMENTATION

1. Implementation responsibilities

a/ Provincial/municipal Peoples Committees shall direct the implementation of this Circular in their localities;

b/ Provincial/municipal Natural Resources and Environment Services shall assist provincial/ municipal Peoples Committees in managing, reviewing and making annual reports on the grant and implementation of operation permits for special-use hydro-meteorological works within the scope of administrative management of the localities and send these reports to the Ministry of Natural Resources and Environment;

c/ The Hydrometeorology Department shall assist the Ministry of Natural Resources and Environment in managing, reviewing and making annual reports on the grant and implementation of operation permits for special-use hydro-meteorological works nationwide.

2. Implementation effect

a/ This Circular takes effect 15 days after its publication in CONG BAO and replaces the General Director of Hydro-meteorologys Circular No. 757/1998/TT-TCKTTV of August 12, 1998, guiding the registration for operation of special-use hydro-meteorological works;

b/ In the course of implementation, ministries, branches and localities should report arising problems to the Ministry of Natural Resources and Environment for consideration and settlement.