Decree 22/2023/ND-CP amend Decrees related to business activities in the field of natural resources and environment

DECREE

Amending and supplementing a number of articles of Decrees related to business activities in the field of natural resources and environment

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Governments dated November 22, 2019;

Pursuant to the Law on Water Resources dated June 21, 2012;

Pursuant to the Mineral Law dated November 17, 2010;

Pursuant to the Law on Hydro-meteorology dated November 23, 2015;

Pursuant to the Law on Biodiversity dated November 13, 2008;

Pursuant to the Law on Investment dated June 17, 2020;

At the proposal of the Minister of Natural Resources and Environment;

The Government hereby promulgates the Decree amending and supplementing a number of articles of Decrees related to business activities in the field of natural resources and environment.

Article 1. Amending and supplementing Clause 3 Article 12 of the Government’s Decree No. 43/2015/ND-CP dated May 22, 2018, providing the establishment and management of water source protection corridors as follows:

“3. The order and procedures for appraisal and approval of a scheme on planting of water source protection corridor markers for hydroelectric and irrigation reservoirs are prescribed as follows:

a) The reservoir-managing or -operating organization shall submit, directly or by post, or through the online public service system, 01 copy of the scheme on planting of water source protection corridor markers for hydroelectric and irrigation reservoirs to the Public Administration Center (or the Division for Receiving and Returning Results of the provincial-level Department of Natural Resources and Environment);

Within 03 working days after the receipt of a scheme for marker planting from the reservoir- managing or -operating organization, the provincial-level Department of Natural Resources and Environment shall consider and examine the scheme. If it fails to satisfy the requirements prescribed in Clause 2 of this Article, the provincial-level Department of Natural Resources and Environment shall notify such to the reservoir- managing or -operating organization for supplementation;

b) Within 30 working days after the receipt of a scheme which satisfies the requirements defined in Clause 2 of this Article, the provincial-level Departments of Natural Resources and Environment shall collect comments from the provincial-level Department of Industry and Trade and Department of Agriculture and Rural Development, the district-level People’s Committee of locality where the reservoir is located, related agencies and units, and propose, if necessary, the provincial-level People’s Committee, setting up a council for appraisal of the scheme.

The provincial-level Department of Natural Resources and Environment shall sum up the comments and send them to the reservoir-managing or -operating organization for completion. The latter shall accept and explain the non-acceptance of the comments and finalize the dossier. If the conditions are fully met, the provincial-level Department of Natural Resources and Environment shall submit the marker planting scheme to the provincial-level People’s Committee for approval. If the conditions for approval are not met, the scheme shall be returned to the reservoir-managing or -operating organization and the reasons shall be clearly stated in a written notification to the reservoir-managing or -operating organization.

c) Within 02 working days from the date of approval of the scheme for marker planting, the receiving agency shall notify and return the results to the reservoir-managing or -operating organization directly at the Public Administration Center (the Division for Receiving and Returning Results of the provincial-level Department of Natural Resources and Environment), or through postal service, or via the online public services.”

Article 2. Amending and supplementing a number of contents of the Government's Decree No. 60/2016/ND-CP dated July 1, 2016, prescribing a number of conditions for investment and business in the field of natural resources and environment

1. To amend and supplement Clause 3 Article 8 of the Government's Decree No. 60/2016/ND-CP dated July 1, 2016, prescribing a number of conditions for investment and business in the field of natural resources and environment (amended and supplemented under the Government's Decree No. 136/2018/ND-CP dated October 5, 2018, on amending certain Decrees providing for regulatory requirements for trade and investment in the field of natural resources and environment) as follows:

“3. Working experience: Persons in charge of technical matters of schemes or reports, must have at least 03 years’ experience in the field of water resources and environment or personally participated in the formulation of at least 03 schemes or reports.”

2. To replace the phrase “people’s identity cards, citizen identify cards” with the phrase “people’s identity cards/citizen identity cards/personal identification numbers” at Point b Clause 2, Point a Clause 3 Article 11 and Point d Clause 1 Article 13.

Article 3. Amending and supplementing a number of articles of the Government’s Decree No. 22/2012/ND-CP dated March 26, 2012, on mineral mining right auction

1. To amend Clause 1 Article 16 as follows:

“1. Organizations and individuals wishing to participate in the auction of mineral mining rights shall make an application for participation in the auction and submit it to the agency receiving applications specified in Article 17 of this Decree, directly or by post or through the online public service system.”

2. To amend Point b Clause 2 Article 16 (amended under Clause 4 Article 68 of the Government’s Decree No. 158/2016/ND-CP dated November 29, 2016, detailing of a number of articles of the Mineral Law) as follows:

“b) Originals or certified copies or copies enclosed with their originals for comparison or certified electronic copies of the originals, of written introduction of capability and experience in mineral exploration, mining and processing; written introduction of financial capacity and fund-raising capacity;”

3. To amend Point c Clause 2 Article 16 as follows:

“c) For areas with mineral exploration results: Organizations and individuals participating in the auction must have the original or an electronic version signed with a digital signature of a preliminary investment program for mineral extraction, intensive processing, product sale and make a written commitment to implementing such program if they win the auction;”

4. To amend Point d Clause 2 Article 16 as follows:

“d) For areas without mineral exploration results: Organizations and individuals participating in the auction must have the original or electronic version signed with a digital signature of a preliminary investment plan on exploration, mineral extraction, intensive processing, product sale and make a written commitment to implementing such plan if they win the auction.”

5. To replace the phrase “people’s identity cards” with the phrase “people’s identity cards/citizen identity cards/personal identification numbers” in Clause 1 Article 20.

Article 4. Amending and supplementing a number of articles of the Government’s Decree No. 158/2016/ND-CP dated November 29, 2016, detailing of a number of articles of the Mineral Law

1. To amend Article 32 as follows:

“Article 32. On-site survey, taking of samples on the ground for selection of areas eligible for formulation of mineral exploration schemes

1. An organization or individual that wishes to carry out on-site survey and take samples on the ground for selection of an area eligible for formulation of a mineral exploration scheme shall send a written request made according to the form in Appendix III to this Decree, enclosed with a survey and sampling program or plan, to the provincial-level People’s Committee of the locality where the mineral exploration is expected to be carried out either directly, by post or through online public services to the Public Administration Center (or the Division for Receiving and Returning Results of the provincial-level Department of Natural Resources and Environment).

2. Samples to be taken on the ground include heavy sand, metal concentration, petrologic and mineralographic samples, trench samples taken at openings, including trench samples at openings and mineral survey and exploration works previously constructed (if any). The number of each kind of sample must not exceed 50; the weight of a trench sample must not exceed 15 kg (particularly, a walling or flooring slab sample must not be larger than 0.4 m³). The time limit for taking samples on the ground is 1 month.

3. Within 10 working days after receiving a written request of an organization or individual mentioned in Clause 1 of this Article, the provincial-level People’s Committee shall notify in writing its approval or disapproval of the survey or sampling either directly, by post or through online public services. In case of disapproval, it shall reply in writing clearly stating the reason.”

2. To repeal Clause 4 Article 45.

3. To amend Article 47 as follows:

“Article 47. Agencies receiving dossiers for licensing mineral activities, dossiers for approval of mineral deposits, and dossiers for mineral mine closure

Agencies receiving dossiers for licensing mineral activities, dossiers for approval of mineral deposits, and dossiers for mineral mine closure are defined as follows:

1. The Office for receiving and returning results of handling administrative procedures of the Ministry of Natural Resources and Environment shall take responsibility for receiving and returning results of administrative procedures under the licensing competence of the Ministry of Natural Resources and Environment.

2. The Public Administration Center of the provincial-level People's Committee (or the Division for Receiving and Returning Results of the provincial-level Department of Natural Resources and Environment) shall receive dossiers for licensing mineral activities; dossiers for registration of areas and volumes of mineral extraction for ordinary construction materials within project construction sites, including dossiers for registration of volumes of sand and gravel recovered from projects of dredging and clearing channels; dossiers of approval, recognition and certification of mineral reserves in the report on mineral exploration results. The Ministry of Natural Resources and Environment shall receive dossiers for mineral mine closure.”

4. To amend Clause 3 Article 48 as follows:

“3. The notification of dossier processing results is prescribed as follows:

a) For dossiers for licensing mineral activities, including dossiers for registration of areas and volumes of minerals to be mined for use as ordinary construction materials within the areas of work construction under projects, and dossiers for registration of volumes of sand recovered from channel dredging projects, the notification shall be sent directly at dossier-receiving agencies or by post or through the online public service system at the request of organizations and individuals;

b) For dossiers for approval, recognition and certification of mineral deposits in mineral exploration reports; and dossiers for mineral mine closure, the notification shall be sent directly at dossier-receiving agencies or by post or through the online public service system at the request of the organization, individual.”

5. To supplement Point b Clause 1 Article 49 as follows:

“b) Certified copies or copies enclosed with their originals for comparison, or certified electronic copies of the original decisions on establishing Vietnam-based representative offices or branches, for foreign enterprises; and equity-evidencing documents specified in Article 9 of this Decree.

In case of request for exploration of radioactive ores, the dossier must also comprise a written safety appraisal issued by the Vietnam Agency for Radiation and Nuclear Safety of the Ministry of Science and Technology.”

6. To supplement Point b Clause 2 Article 49 as follows:

“b) Originals or certified copies or copies enclosed with their originals for comparison or certified electronic copies of the originals of documents proving the requester’s fulfillment of exploration-related obligations by the time of request for extension of mineral exploration permit.”

7. To supplement Point b Clause 3 Article 49 as follows:

“b) Originals or certified copies or copies enclosed with their originals for comparison or a certified electronic copy of the originals of documents proving the requester’s fulfillment of exploration-related obligations by the time of request for return.”

8. To supplement Point b Clause 4 Article 49 as follows:

“b) Certified copies or copies enclosed originals for comparison or certified electronic copies of the originals of the business registration certificate or enterprise registration certificate of the transferee; and documents proving the transferor’s fulfillment of the obligations prescribed at Points b, c, d and e Clause 2 Article 42; Clause 3 Article 43 of the Mineral Law.”

9. To repeal Clause 2 Article 50.

10. To supplement Point b Clause 1 Article 51 as follows:

“b) Certified copies or copies enclosed with their originals for comparison, or certified electronic copies of equity-evidencing documents specified in Article 9 of this Decree.

In case of request for mining of radioactive ores, the dossier must also comprise a written safety and appraisal issued by the Vietnam Agency for Radiation and Nuclear Safety of the Ministry of Science and Technology.”

11. To supplement Point b Clause 2 Article 51 as follows:

“b) Originals or certified copies or copies enclosed with their originals for comparison or certified electronic copies of the originals of documents proving the requester’s fulfillment of the obligations prescribed at Points a, b, c, dd, e and g Clause 2 Article 55 of the Mineral Law, by the time of request for extension.”

12. To supplement Point b Clause 3 Article 51 as follows:

“b) Originals or certified copies or copies enclosed with their originals for comparison or certified electronic copies of the originals of documents proving the requester’s fulfillment of the obligations prescribed at Points a, b, c, dd, e and g Clause 2 Article 55 of the Mineral Law, by the time of request for return;”

13. To supplement Point b Clause 4 Article 51 as follows:

“b) Originals or certified copies or copies enclosed with their originals for comparison or certified electronic copies of the originals of documents proving the requester’s fulfillment of the obligations prescribed at Points a, b, c, dd and g Clause 2 Article 55 of the Mineral Law, by the time of transfer;”

14. To amend Point c Clause 4 Article 51 as follows:

“c) An original or certified copy or copy enclosed with the original for comparison or certified electronic copy of the original of an investment registration paper or investment registration certificate (for the transferee being an enterprise involving foreign elements).”

15. To repeal Point b Clause 1 Article 52.

16. To supplement Point b Clause 2 Article 52 as follows:

“b) Originals or certified copies or copies enclosed with their originals for comparison or certified electronic copies of the originals of the documents proving the requester’s fulfillment of the obligations prescribed in Clause 2 Article 69 of the Mineral Law, by the time of request for extension.”

17. To supplement Point b Clause 3 Article 52 as follows:

“b) Originals or certified copies or copies enclosed with their originals for comparison or certified electronic copies of the originals of the documents proving the requester’s fulfillment of the obligations prescribed in Clause 2 Article 69 of the Mineral Law, by the time of request for return.”

18. To amend Clause 2 Article 54 as follows:

“2. Originals or certified copies or copies enclosed with their originals for comparison or certified electronic copies of the originals of competent agency’s project approval decision; map of the general plan of the project area approved by a competent authority.”

19. To amend Clause 2 Article 55 as follows:

“2. A dossier for modification of a mining license must comprise:

a) The originals of the written request for modification of a mining license; investment project adjusted according to newly approved mineral deposits or adjusted capacity or changed mining method or technology, enclosed with project approval decision; report on mining results and obligations fulfilled by the time of request for modification; and a competent agency’s documents approving the modification;

b) Originals or certified copies or copies enclosed with their originals for comparison or certified electronic copies of the originals of written explanations of reports and enclosed drawings, and competent state agency’s decision approving the results of exploration to upgrade mineral deposits; documents relating to the change of the requester’s name or organizational structure, in the case specified at Point c Clause 1 of this Article.”

20. To supplement Point b Clause 2 Article 56 as follows:

“b) Originals or certified copies or copies enclosed with their originals for comparison or certified electronic copies of the originals of environmental rehabilitation and restoration plan enclosed with plan approval decision; and documents proving the requester’s fulfillment of the obligations prescribed at Points a, b, c, dd, e and g Clause 2 Article 55 of the Mineral Law, by the time of request for mine closure.”

21. To amend Point a Clause 1 Article 58 as follows:

“a) Within 03 working days after the receipt of the dossier from the first organization or individual that wishes to explore minerals, the dossier-receiving agency shall publicize the name of such organization or individual, names of minerals and location of the area where minerals will be explored at its head office, on the website of the licensing agency, in the national bidding network, and on the Bidding newspaper.

For other organizations and individuals, the time limit for notifying the result of processing a dossier for mineral exploration is 30 working days from the date of receipt of a dossier for mineral exploration from the first organization or individual;”

22. To supplement Point b Clause 2 Article 58 as follows:

“a) Within 03 working days from the date of receipt of a dossier for mineral exploration from the first organization or individual that wishes to explore minerals, the dossier-receiving agency shall check the papers and documents in the dossier. If these papers and documents satisfy the requirements prescribed in Clause 1 Article 47 of the Mineral Law and Clause 1 Article 49 of this Decree, the dossier-receiving agency shall issue a dossier receipt and publicize the name of such organization or individual, names of minerals and location of the area where minerals will be explored at its head office, on the website of the licensing agency, in the national bidding network, and on the Bidding newspaper.”

23. To amend Clause 6 Article 58 as follows:

“6. Notification of results of processing a dossier for grant of a mineral exploration license

Within 03 working days after receiving a dossier for grant of a mineral exploration license from the licensing agency, the dossier-receiving agency shall notify the results of dossier processing to the applicant for it/him/her to perform relevant obligations under regulations.”

24. To amend Point a Clause 2 Article 59 as follows:

“a) Within 38 working days after issuing a dossier receipt, the dossier-receiving agency shall send a mineral exploration scheme to experts for their opinions and organize the appraisal of the scheme. The time limit for experts to give their opinions is 10 working days after receiving a request from the dossier-receiving agency.

In case a mineral exploration scheme has complicated contents, the dossier-receiving agency shall propose the provincial-level People’s Committee to form a Technical Council to appraise the scheme. The time for formation and meeting of the Technical Council shall be included in the time limit for scheme appraisal;”

25. To supplement Point b Clause 1 Article 60 as follows:

“b) Within 03 working days, the dossier-receiving agency shall check papers and documents in the dossier. If these papers and documents satisfy the requirements prescribed in Clause 1 Article 59 of the Mineral Law and Clause 1 Article 51 of this Decree, the dossier-receiving agency shall issue a dossier receipt. If the dossier does not comprise all the papers and documents as prescribed or comprises all of them but their contents are incompliant with regulations, the dossier-receiving agency shall provide the requester with a written guidance to complete the dossier. Such guidance shall be provided only once.”

26. To amend Point c Clause 2 Article 60 as follows:

“c) Within 38 working days, the dossier-receiving agency shall complete the appraisal of papers and documents and other issues relating to mining activities and determination of the charge for grant of the mining right.”

27. To amend Clause 4 Article 60 as follows:

“4. Notification of results of processing a dossier for grant of a mining license

Within 03 working days after receiving a dossier from the licensing agency, the dossier-receiving agency shall notify results of dossier processing to the applicant for it/him/her to perform relevant obligations as prescribed. This time limit is exclusive of the time for the mining organization or individual to carry out the procedures for payment of the charge for grant of the mining right for the first time.”

28. To supplement Point b Clause 1 Article 63 as follows:

“b) Within 03 working days, the dossier-receiving agency shall check papers and documents in the dossier. If these papers and documents satisfy the requirements prescribed in Article 54 of this Decree, the dossier-receiving agency shall issue a dossier receipt. If the dossier does not comprise all the papers and documents as prescribed or comprises all of them but their contents are incompliant with regulations, the dossier-receiving agency shall provide the registering organization or individual with a written guidance to complete the dossier. Such guidance shall be provided only once.”

29. To amend Clause 3 Article 63 as follows:

3. The submission of a dossier for grant of a mining license is prescribed as follows:

“a) Within 03 working days after accomplishing the jobs specified in Clause 2 of this Article, the dossier-receiving agency shall complete and submit a dossier for grant of a mining license to the licensing agency;

b) Within 03 working days after receiving a dossier from the dossier-receiving agency, the licensing agency shall decide to grant or not to grant a mining license, and issue a written reply stating the reason for refusal to grant a license, and issue a written reply stating the reason for refusal to grant a license.”

30. To amend Clause 4 Article 63 as follows:

“4. Notification of results of processing a dossier for grant of a mining license

Within 03 working days after receiving a dossier from the competent agency, the dossier-receiving agency shall notify dossier processing results to the applicant for a mining license for it/him/her to perform relevant obligations as prescribed. This time limit is exclusive of the time for the mining organization or individual to carry out the procedures for payment of the charge for grant of the mining right.”

31. To supplement Point b Clause 1 Article 65 as follows:

“b) Within 03 working days, the dossier-receiving agency shall check papers and documents in the dossier. If these papers and documents comply with regulations, the dossier-receiving agency shall issue a dossier receipt.”

32. To supplement Point b Clause 2 Article 65 as follows:

“b) Within 30 working days, the dossier-receiving agency shall complete the appraisal of papers and documents and other contents relating to the extension, transfer, return of part of the mineral exploration area, or return of a mineral exploration license or mining license; this time limit is 03 working days for the case of request for extension or return of a salvage mining license.”

33. To amend Article 66 as follows:

“Article 66. Order of carrying out the procedures for approval of mineral deposits

1. The receipt of dossier shall be carried out as follows:

a) An organization or individual licensed to explore minerals shall submit a dossier of requesting approval of mineral deposits, directly, by post or through online public services, to the dossier-receiving agency;

b) Within 03 working days, the dossier-receiving agency shall check papers and documents in the dossier. If these papers and documents satisfy the requirements specified in Clause 1 Article 50 of the Mineral Law and Article 50 of this Decree, the dossier-receiving agency shall notify such to the requesting organization or individual for it/him/her to pay the appraisal charge for assessment of mineral deposits under regulations. The dossier-receiving agency shall issue a dossier receipt right after the organization or individual fulfills the charge payment obligation.

If the dossier does not comprise all the papers and documents as prescribed or comprises all of them but their contents are incompliant with regulations, the dossier-receiving agency shall provide the requester with a written guidance to complete the dossier. Such guidance shall be provided only once.

2. The checking of a report on mineral deposits shall be carried out as follows:

a) Within 30 working days after issuing a dossier receipt, the dossier-receiving agency shall check all papers and documents in the report; conduct field inspection in the mineral exploration area and when deeming it necessary, inspect drilling core samples, ditches and wells;

b) Within 60 working days after completing the jobs specified at Point a of this Clause, the dossier-receiving agency shall send a report on mineral exploration results to experts to collect their opinions on relevant issues in the report. The time limit for experts to give their replies is 20 working days after receiving a request from the dossier-receiving agency;

c) Within 30 working days after completing the jobs specified at Point b of this Clause, the dossier-receiving agency shall summarize experts’ opinions and prepare papers and documents for submission to the National Council for Assessment of Mineral Reserves or provincial-level People’s Committee for approval.

If the report is unsatisfactory for being submitted to the National Council for Assessment of Mineral Reserves or provincial-level People’s Committee for approval, the dossier-receiving agency shall issue a written notice stating the reason to the organization or individual requesting approval of mineral deposits to complete the report, together with written opinions of experts.

The time for the organization or individual to complete a report on mineral deposits shall not be included in the time limit for report appraisal.

3. The appraisal of a report on mineral exploration results and approval of mineral deposits in the report shall be carried out as follows:

a) Within 30 working days after completing the jobs specified at Point c Clause 2 of this Article, the Chairperson of the National Council for Assessment of Mineral Reserves shall hold a meeting of the Council; the provincial-level People’s Committee shall decide to form or not to form a Technical Advisory Council prescribed in Clause 3 Article 34 of this Decree;

b) Within 10 working days after conclusion of the meeting of the National Council for Assessment of Mineral Reserves or Technical Advisory Council, the dossier-receiving agency shall complete the meeting minutes. If the mineral exploration report needs supplementation or modification as proposed by the National Council for Assessment of Mineral Reserves, Technical Advisory Council or provincial-level People’s Committee, the dossier-receiving agency shall send a written notice stating to-be-modified contents together with the meeting minutes.

The time for the organization or individual requesting approval of mineral deposits to supplement or modify a mineral exploration report shall not be included in the time limit for report appraisal.

c) Within 15 working days after receiving a supplemented or modified report on mineral exploration results from the organization or individual requesting approval of mineral deposits, the dossier-receiving agency shall submit it to the agency competent to approve mineral deposits defined in Clause 1 Article 49 of the Mineral Law.

d) Within 03 working days after receiving a dossier for approval of mineral deposits from the dossier-receiving agency, the agency competent to approve mineral deposits shall issue a decision on approving mineral deposits included in the report on mineral exploration results.

4. Notification of results of approval of mineral deposits

Within 03 working days after receiving a dossier from the agency competent to approve mineral deposits, the dossier-receiving agency shall notify the result to the organization or individual requesting approval of mineral deposits for it/him/her, directly, by post or through online public service system, and perform other relevant obligations.”

Article 5. To replace the phrase “people's identity cards” with the phrase “serial number of people's identity card/citizen identity card/personal identification number” in Form No. 03 of the Government’s Decree No. 67/2019/ND-CP dated July 31, 2019, prescribing the method of calculation and rates of the fee for grant of the mining right.

Article 6. To replace the phrase “serial number of people's identity card” with the phrase “serial number of people's identity card/citizen identity card/personal identification number” in Forms No. 02, 03, 05, 06, 08, 09, 10, 11 and 12 of the Government's Decree No. 160/2013/ND-CP dated November 12, 2013, on criteria to determine species, and the regime of managing and protecting species under lists of endangered, precious and rare species prioritized protection.

Article 7. Amending and supplementing a number of articles of the Government’s Decree No. 59/2017/ND-CP dated May 12, 2017, on management of access to genetic resources and benefit sharing arising from their utilization

1. To replace the phrase “people’s identity cards” with the phrase “people’s identity cards/citizen identity cards/personal identification numbers” at Points b Clause 2 Article 9.

2. To replace the phrase “people’s identity cards, citizen identify cards” with the phrase “people’s identity cards/citizen identity cards/personal identification numbers” at Point c Clause 2 Article 11 and Point b Clause 1 Article 20.

Article 8. Amending, supplementing and repealing a number of articles of the Government’s Decree No. 38/2016/ND-CP dated May 15, 2016, detailing a number of articles of the Law on Hydro-meteorology

1. To amend Point b Clause 1 Article 15 as follows:

“b) A certified copy of the decision on the establishment of the organization (not applicable to companies, enterprises or economic organizations that have been granted with a business activity certificate on the National Database on Business Registration), or a copy enclosed with the original decision for comparison, or a certified e-copy of the original decision;”

2. To amend Point c Clause 1 Article 15 as follows:

“c) Certified copies of the diplomas and certificates and labor contracts of employees or copies enclosed with the original diplomas and certificates for comparison, or certified e-copies of the original diplomas, certificates and labor contracts;”

3. To amend Point b Clause 2 Article 15 as follows:

“b) Certified copies of diplomas and certificates of training in majors relevant to forecast and warning activities to be licensed, or copies enclosed with the original diplomas and certificates for comparison, or certified e-copies of original diplomas and certificates;”

4. To repeal Point c Clause 3 Article 15.

5. To amend and supplement Article 16 as follows:

“Article 16. Procedures for the grant, extension or modification and supplementation of a license for hydro-meteorological forecast and warning activities

1. Dossier-receiving agencies

a) The Office for receiving and returning results of handling administrative procedures of the Ministry of Natural Resources and Environment shall receive dossiers for the grant, extension or modification and supplementation of licenses for hydro-meteorological forecast and warning activities within the competence of the Minister of Natural Resources and Environment;

b) Public Administration Centers of provincial-level People’s Committees (or the Divisions for Receiving and Returning Results of the provincial-level Departments of Natural Resources and Environment) shall receive dossiers for the grant, extension or modification and supplementation of licenses for hydro-meteorological forecast and warning activities within the competence of chairpersons of provincial-level People’s Committees.

2. Procedures for the grant, extension or modification and supplementation of licenses by the Minister of Natural Resources and Environment

An organization or individual shall directly submit or send by post, or submit on the Online Public Service Portal one set of dossiers for the grant, extension or modification and supplementation of a license as prescribed in Article 15 of this Decree to the Office for receiving and returning results of handling administrative procedures of the Ministry of Natural Resources and Environment.

3. Procedures for the grant, extension or modification and supplementation of licenses by chairpersons of provincial-level People’s Committees

An organization or individual shall directly submit or send by post, or submit on the Online Public Service Portal one set of dossiers for the grant, extension or modification and supplementation of a license as prescribed in Article 15 of this Decree to the Public Administration Center of the provincial-level People’s Committee and Environment (or the Division for Receiving and Returning Results of the provincial-level Department of Natural Resources and Environment).”

6. To amend and supplement Article 17 as follows:

“Article 17. Order and time limit for the grant, extension or modification and supplementation of a license for hydro-meteorological forecast and warning activities

1. Within 2 working days after receiving a dossier, the dossier-appraising agency shall review and check the dossier and confirm whether the dossier is valid; if the dossier is invalid, it shall notify the applicant thereof for completing the dossier as prescribed.

2. Within 15 working days after receiving a complete and valid dossier as prescribed, the dossier-appraising agency shall examine the dossier and organize appraisal, verification, survey and assessment and make a conclusion, then propose the Minister of Natural Resources and Environment or provincial-level People’s Committee chairperson to grant, extend or modify and supplement a license for hydro-meteorological forecast and warning activities to a qualified applicant.

If an applicant is unqualified for the grant, extension or modification and supplementation of a license, the dossier-receiving agency shall issue a written reply stating the reason to the applicant.

3. A license for hydro-meteorological forecast and warning activities approved by the Minister of Natural Resources and Environment shall be directly handed over to the applicant at the Office for receiving and returning results of handling administrative procedures of the Ministry of Natural Resources and Environment, or send by postal office or through online public services after the respective time limit specified in Article 17 of this Decree.

4. A license for hydro-meteorological forecast and warning activities approved by the provincial-level People's Committee shall be directly handed over to the applicant at the Public Administration Center of the provincial-level People's Committee (or the Division for Receiving and Returning Results of the provincial-level Department of Natural Resources and Environment), or send by postal office or through online public services after the respective time limit specified in Article 17 of this Decree.”

7. To amend and supplement Clauses 2 and 3 Article 18 as follows:

“2. Procedures for re-grant of licenses

a) For licenses re-granted by the Minister of Natural Resources and Environment.

An applicant for re-grant of a license for hydro-meteorological forecast and warning activities shall directly submit or send by post, or submit through the Online Public Service Portal an application, made according to Form No. 02 in Appendix to this Decree, to the Office for receiving and returning results of handling administrative procedures of the Ministry of Natural Resources and Environment according to the procedures similar to those applicable to the initial license grant;

b) For licenses re-granted by chairpersons of provincial-level People's Committees.

An applicant for re-grant of a license for hydro-meteorological forecast and warning activities shall directly submit or send by post, or submit on the Online Public Service Portal an application, made according to Form No. 02 in Appendix to this Decree, to the Public Administration Center of the provincial-level People’s Committee (or the Division for Receiving and Returning Results of the provincial-level Department of Natural Resources and Environment) according to the procedures similar to those applicable to the initial license grant.

3. Order and time limit for the re-grant of a license for hydro-meteorological forecast and warning activities

a) The Ministry of Natural Resources and Environment or provincial-level People’s Committee shall review, conduct an appraisal and verification, and re-grant a license for hydro-meteorological forecast and warning activities to the eligible applicant within 5 working days. If the applicant is ineligible for re-grant of the license, it shall send a written reply, clearly stating the reason, to the applicant;

b) A license for hydro-meteorological forecast and warning activities approved by the Minister of Natural Resources and Environment shall be directly handed over to the applicant at the Office for receiving and returning results of handling administrative procedures of the Ministry of Natural Resources and Environment, or send by postal office or through online public services after the respective time limit specified at Point a Clause 3 of this Article;

c) A license for hydro-meteorological forecast and warning activities approved by the Chairperson of the provincial-level People's Committee shall be directly handed over to the applicant at the Public Administration Center of the provincial-level People’s Committee (or the Division for Receiving and Returning Results of the provincial-level Department of Natural Resources and Environment), or send by postal office or through online public services after the respective time limit specified at Point a Clause 3 of this Article.”

8. To replace the phrase “personal identity papers” with the phrase “people’s identity cards/citizen’s identity cards/personal identification numbers” in Clause 3 Article 31.

9. To amend and supplement Article 34 (amended and supplemented under the Government’s Decree No. 48/2020/ND-CP dated April 15, 2020, amending and supplementing a number of articles of the Government’s Decree No. 38/2016/ND-CP dated May 15, 2016, detailing a number of articles of the Law on Hydro-meteorology) as follows:

“Article 34. Order and procedures, and reporting regime for exchanging hydro-meteorological and climate change monitoring information and data with international organizations and foreign organizations and individuals

1. An agency, organization or individual that wishes to exchange hydro-meteorological and climate change monitoring information and data with an international organization or a foreign organization or individual shall submit a set of dossiers via the Online Public Service Portal or by postal service or directly to the Office for receiving and returning results of handling administrative procedures of the Ministry of Natural Resources and Environment for permission, including the following information:

a) Name and address evidenced by certified copies or certified e-copies of the originals or copies enclosed with the originals for comparison of papers proving the legal person status, for an agency or organization, or of the people’s identity card/citizen identity card/personal identification number, for an individual that wishes to exchange hydro-meteorological and climate change monitoring information and data with the international organization or foreign organization or individual in accordance with the civil law;

b) Purpose of the exchange of such data and information;

c) Specific types and quantities of information and data to be exchanged;

d) Name and address of the international organization or foreign organization or individual with which or whom information and data will be exchanged;

dd) Time of exchange;

e) Forms of exchange;

g) Period of exchange.

2. Within 2 working days after receiving a dossier, the dossier-appraising agency shall review and check the dossier and confirm whether the dossier is valid; if the dossier is invalid, it shall notify the applicant for completing the dossier as prescribed.

3. Within 15 working days after receiving a complete and valid dossier as prescribed, the dossier-appraising agency shall examine the dossier and organize appraisal, verification, survey and assessment and make a conclusion, then propose the Minister of Natural Resources and Environment for a written approval in writing according to Form No. 07 in Appendix to this Decree. The written approval shall be handed over directly to the organization or individual at the Office for receiving and returning results of handling administrative procedures of the Ministry of Natural Resources and Environment or sent by post or through the online public service system.

In case of disapproval, the Ministry of Natural Resources and Environment shall issue a written reply, clearly stating the reason.

4. Within 10 days after completing the exchange of hydro-meteorological and climate change monitoring information and data with the international organization or foreign organization or individual, an agency, organization or individual shall send a report, made according to Form No. 08 in Appendix to this Decree, to the Ministry of Natural Resources and Environment. In case the information and data exchange lasts for one year or longer, an annual report on the information and data exchange activities of the previous year must be submitted before January 15.

5. Hydro-meteorological information and data exchanged within the scope of state secrets shall comply with the law on protection of state secrets.”

10. To replace the phrase “establishment decision/business operation certificate” with the phrase “serial number of the establishment decision/enterprise code of the Enterprise registration certificate, date of issuance, place of issuance” in Form No. 02 in Appendix to this Decree.

11. To replace the phrase “serial number of the people’s identity card, date of issuance, place of issuance (for individuals)” with the phrase “serial number of the people’s identity card/citizen identity card/personal identification number, date of issuance, place of issuance (for individuals)” in Form No. 04 in Appendix to this Decree.

Article 9. Amending and supplementing a number of the Government's Decree No. 27/2019/ND-CP dated March 13, 2019, detailing a number of articles of the Law on Survey and Mapping (amended and supplemented under the Government's Decree No. 136/2021/ND-CP dated December 31, 2021, amending and supplementing a number of articles of the Government's Decree No. 27/2019/ND-CP dated March 13, 2019, detailing a number of articles of the Law on Survey and Mapping)

1. To replace the phrase “citizen identity cards or passports or people’s identity cards” with the phrase “people’s identity cards/citizen identity cards/personal identification numbers/passports” in Clause 3 Article 21 (amended and supplemented under Point b Clause 4 Article 1 of Decree No. 136/2021/ND-CP); to replace the phrase “citizen identity card, or passport or people’s identity card” with the phrase “people’s identity card/citizen identity card/personal identification number/passport” in Clause 4 Article 21; to replace the phrase “serial number of the citizen identity card or people’s identity card” with the phrase “serial number of the people’s identity card/citizen identity card/personal identification number” in Clause 7 Article 21.

2. To replace the phrase “serial number of the citizen identity card or people’s identity card” with the phrase “serial number of the people’s identity card/citizen identity card/personal identification number” at Point b Clause 3 Article 43.

3. To replace the phrase “serial number of the citizen identity card or people’s identity card” with the phrase “serial number of the people’s identity card/citizen identity card/personal identification number” in Clause 1 Article 52 (amended and supplemented under Clause 23 Article 1 of Decree No. 136/2021/ND-CP).

4. To replace the phrase “serial number of the people’s identity card/citizen identity card .....” with the phrase “serial number of the people’s identity card/citizen identity card/personal identification number, .... date of issuance, place of issuance” in Forms No. 03 and 09 in Appendix I to Decree No. 27/2019/ND-CP.

5. To replace the phrase “serial number of the people’s identity card/citizen identity card⁽³⁾: ..... Date of issuance .....” with the phrase “serial number of the people’s identity card/citizen identity card/personal identification number, .... date of issuance, place of issuance” in Forms No. 02, 03, 05, 11, 12 and 13 in Appendix IA to Decree No. 136/2021/ND-CP.

6. To replace the phrase “Enterprise registration certificate/Establishment decision No.” with the phrase “enterprise code of the Enterprise registration certificate/serial number of the establishment decision, date of issuance, place of issuance” in Forms No. 04, 06, 07, 08 and 10 in Appendix IA to Decree No. 136/2021/ND-CP.

Article 10. To replace the phrase “serial number of the people’s identity card/citizen identity card” with the phrase “serial number of the people’s identity card/citizen identity card/personal identification number” in Form No. 02 in Appendix to the Government’s Decree No. 03/2019/ND-CP dated January 4, 2019, on remote sensing activities.

Article 11. To replace the phrase “serial number of the people’s identity card/citizen identity card” with the phrase “serial number of the people’s identity card/citizen identity card/personal identification number” in Forms No. 01, 02 and 05 in Appendix to the Government’s Decree No. 73/2017/ND-CP dated June 14, 2017, on collection, management and use of data on natural resources and environment.

Article 12. Implementation provision

1. This Decree takes effect on the date of its signing.

2. Transitional provisions

Requirements on business and investment conditions and dossiers, that have been fully and validly received before the effective date of this Decree, shall be processed and handled under provisions of applicable Decrees at the time of receipt.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decree./.

* All Appendices are not translated herein.