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 the Decrees concerning business activities in the field of natural resources and environment^[1]

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

Pursuant the June 21, 2012 Law on Water Resources;

Pursuant to the November 17, 2010 Law on Minerals;

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

Pursuant to the November 13, 2008 Law on Biodiversity;

Pursuant to the June 17, 2020 Law on Investment;

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

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

Article 1. To amend and supplement Clause 3, Article 12 of the Government’s Decree No. 43/2015/ND-CP of May 6, 2015, 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 hydropower and hydraulic reservoirs are specified as follows:

a/ The reservoir managing and operating organization shall hand-deliver or send by post or via the online public service system a plan on planting of water source protection corridor markers for hydropower and hydraulic reservoirs to the Public Administration Service Center (or the section in charge of receiving dossiers and notifying results of the settlement of administrative procedures of the provincial-level Department of Natural Resources and Environment);

Within 3 working days after receiving a marker planting plan from the reservoir managing and operating organization, the provincial-level Department of Natural Resources and Environment shall consider and examine such plan. If such plan fails to satisfy the requirements specified in Clause 2 of this Article, the provincial-level Department of Natural Resources and Environment shall notify such to the reservoir managing and operating organization for dossier supplementation and completion;

b/ Within 30 working days after receiving a plan that satisfies the requirements specified in Clause 2 of this Article, the provincial-level Department of Natural Resources and Environment shall collect opinions of the provincial-level Department of Industry and Trade and Department of Agriculture and Rural Development, the district-level People’s Committee of the locality where the reservoir is located and related agencies and units, and propose, when necessary, the provincial-level People’s Committee to establish a council for appraisal of the plan.

The provincial-level Department of Natural Resources and Environment shall sum up opinions and send them to the reservoir managing and operating organization for dossier completion. The latter shall accept such opinions and complete the dossier. If the conditions are fully satisfied, the provincial-level Department of Natural Resources and Environment shall submit the marker planting plan to the provincial-level People’s Committee for approval. If the conditions are not fully satisfied, the provincial-level Department of Natural Resources and Environment shall return the marker planting plan to the reservoir managing  and operating organization, clearly stating the reason for refusal to approve the plan;

c/ Within 2 working days after the provincial-level People’s Committee approves the marker planting plan, the dossier-receiving agency shall notify and hand-deliver dossier processing results to the reservoir managing  and operating organization at the Public Administration Service Center (or the section in charge of receiving dossiers for and notifying results of the settlement of administrative procedures of the provincial-level Department of Natural Resources and Environment) or send such processing results by post or via the online public service system to the reservoir managing and operating organization.”

Article 2. To amend and supplement a number of provisions of the Government’s Decree No. 60/2016/ND-CP of July 1, 2016, specifying a number of conditions for investment and business in the field of natural resources and environment

1. To amend Clause 3, Article 8 of the Government’s Decree No. 60/2016/ND-CP of July 1, 2016, specifying a number of conditions for business investment in the field of natural resources and environment (which was amended and supplemented under Clause 7, Article 7 of the Government’s Decree No. 136/2018/ND-CP of October 5, 2018, amending a number of articles of the Decrees concerning conditions for business investment in the field of natural resources and environment) as follows:

“3. Working experience: a person in charge of techniques of a scheme or report must have at least 3 years’ experience in the field of water resources and environment or have directly participated in formulating at least 3 schemes and reports.”

2. To replace the phrase “people’s identity paper or citizen identity paper”, “people’s identification or citizen identification” at Point b, Clause 2; Point a, Clause 3, Article 11; and Point b, Clause 1, Article 13 with the phrase “people’s identity card/citizen identity card/personal identification number”.

Article 3. To amend and supplement a number of articles of the Government’s Decree No. 22/2012/ND-CP of March 26, 2012 on auction of the mining right

1. To amend Clause 1, Article 16 as follows:

“1. A bidder shall make a mining right bid dossier and hand-deliver or send it by post or via the online public service system to an agency receiving mining right bid dossiers mentioned in Article 17 of this Decree.”

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

“b/ Originals or certified copies or copies enclosed with originals for collation or certified e-copies, of the letter of capacity and experience in mineral exploration, mining and processing; and letter of financial capability and capital mobilization capability.”

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

“c/ For an area for which mineral exploration results are available, the original or a digitally signed e-copy of the preliminary program on investment in mining and deep processing and product sale and a letter of commitment to implementing such program in case of auction winning are required;”

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

“d/ For an area for which mineral exploration results are not available, the original or a digitally signed e-copy of the preliminary plan on investment in mineral exploration, mining, deep processing and product sale and a letter of commitment to implementing such plan in case of auction winning are required.”

5. To replace the phrase “people’s identity paper” in Clause 1, Article 20 with the phrase “people’s identity card/citizen identity card/personal identification number”.

Article 4. To amend, supplement, and annul a number of articles of the Government’s Decree No. 158/2016/ND-CP of November 29, 2016 detailing 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 hand-deliver a request, made according to Appendix III to this Decree, enclosed with a survey and sampling plan, to the provincial-level People’s Committee of the locality where the mineral exploration is expected to be carried out or send it by post or via the online public service system to the Public Administration Service Center (or the section in charge of receiving dossiers for and notifying results of the settlement of administrative procedures 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 also trench samples at openings and mineral survey and exploration works previously carried out (if any). The number of samples of each type 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 period for taking samples on the ground is 1 month.

3. Within 10 working days after receiving a request of an organization or individual mentioned in Clause 1 of this Article, the provincial-level People’s Committee shall hand-deliver or send by post or via the online public service system a notice of approval or disapproval of the survey or sampling. In case of disapproval, it shall issue a written reply, clearly stating the reason.”

2. To annul 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 specified as follows:

1. The Ministry of Natural Resources and Environment’s office in charge of receiving dossiers for and notifying results of the settlement of administrative procedures shall receive dossiers for and notify results of the settlement of administrative procedures under the Ministry’s licensing competence.

2. Public administration service centers of provincial-level People’s Committees (or sections in charge of receiving dossiers for and notifying results of the settlement of administrative procedures of provincial-level Departments of Natural Resources and Environment) shall receive dossiers for licensing mineral activities; dossiers for registration of areas and volumes of minerals to be mined for use as ordinary construction materials within areas of work construction under projects, including also dossiers for registration of volumes of sand and gravel recovered from channel dredging projects; dossiers for approval, recognition and certification of mineral deposits in reports on mineral exploration results; and dossiers for mineral mine closure within the licensing competence of provincial-level People’s Committees.”

4. To amend Clause 3, Article 48 as follows:

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

a/ For dossiers for licensing mineral activities, including also 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 conducted at dossier-receiving agencies or sent by post or via the online public service system upon 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 conducted at dossier-receiving agencies or sent by post or via the online public service system at the request of organizations and individuals.”

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

“b/ Certified copies or copies enclosed with their originals for collation, or certified e-copies of decisions 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, a dossier must be enclosed with a written safety appraisal issued by the Vietnam Agency for Radiation and Nuclear Safety of the Ministry of Science and Technology.”

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

“b/ Originals or certified copies or copies enclosed with their originals for collation, or certified e-copies of documents proving the requester’s fulfillment of exploration-related obligations by the time of requesting the extension of the mineral exploration license.”

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

“b/ Originals or certified copies or copies enclosed with their originals for collation, or certified e-copies of documents proving the requester’s fulfillment of exploration-related obligations by the time of request.”

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

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

9. To annul Clause 2, Article 50.

10. To amend Point b, Clause 2, Article 51 as follows:

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

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

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

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

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

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

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

“b/ Originals or certified copies or copies enclosed with their originals for collation, or certified e-copies of the documents proving the transferor’s fulfillment of the obligations specified 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/ Certified copies or copies enclosed with their originals for collation, or certified e-copies of the investment registration paper or investment registration certificate (for transferees being enterprises involving foreign elements).”

15. To annul Point b, Clause 1, Article 52.

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

“b/ Originals or certified copies or copies enclosed with their originals for collation, or certified e-copies of the documents proving the requester’s fulfillment of the obligations specified in Clause 2, Article 69 of the Mineral Law, by the time of request for extension.”

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

“b/ Originals or certified copies or copies enclosed with their originals for collation, or certified e-copies of the documents proving the requester’s fulfillment of the obligations specified 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 collation, or certified e-copies of the competent authority’s work construction project approval decision; map of the general plan of the project construction area approved by a competent authority.”

19. To amend Clause 2, Article 55 as follows:

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

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

b/ Originals or certified copies or copies enclosed with their originals for collation, or certified e-copies of written explanations of reports and enclosed drawings, and competent state agency’s decision approving results of the 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 amend Point b, Clause 2, Article 56 as follows:

b/ Originals or certified copies or copies enclosed with their originals for collation, or certified e-copies of the environmental rehabilitation and restoration plan enclosed with the plan approval decision; and documents proving the requester’s fulfillment of the obligations specified 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 3 working days after receiving a dossier of the first organization or individual that wishes to explore minerals, the dossier-receiving agency shall make a public announcement of 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 Vietnam National E-Procurement System, and on the Bidding Newspaper.

For other organizations and individuals, the time for receiving and making a public announcement of their dossiers of request for mineral exploration is 30 working days from the date of receipt of a dossier of request for mineral exploration from the first organization or individual;”

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

“b/ Within 3 working days after receiving a dossier from the first organization or individual that wishes to explore minerals, the dossier-receiving agency shall check papers and documents in the dossier. If such papers and documents satisfy the requirements specified 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 Vietnam National E-Procurement System, and on the Bidding newspaper.”

23. To amend Clause 6, Article 58 as follows:

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

Within 3 working days after receiving a dossier of application for a mineral exploration license from the competent licensing agency, the dossier-receiving agency shall notify dossier processing results 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 in relevant specialized fields for their opinions and organize the appraisal of such scheme. The time limit for experts to give their opinions is 10 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 set up a Technical Council to appraise the scheme. The time for setting up and meeting of the Technical Council shall be included in the time limit for scheme appraisal;”

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

“b/ Within 3 working days, the dossier-receiving agency shall check papers and documents in the dossier and, if these papers and documents satisfy the requirements specified in Clause 1, Article 59 of the Mineral Law and Clause 1, Article 51 of this Decree, issue a dossier receipt. If the dossier does not comprise all required papers and documents or comprises all of them but their contents are incompliant with regulations, the dossier-receiving agency shall provide the applicant with a written guidance on dossier completion. 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 in the dossier and examine other matters 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 the processing of a dossier of application for a mining license

Within 3 working days after receiving a dossier from the licensing agency, the dossier-receiving agency shall notify dossier processing results to the applicant for it/him/her to perform related obligations as specified. 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 amend Point b, Clause 1, Article 63 as follows:

“b/ Within 3 working days, the dossier-receiving agency shall check papers and documents in the dossier and, if these papers and documents satisfy the requirements specified in Article 54 of this Decree, issue a dossier receipt. If the dossier does not comprise all required papers and documents or comprises all of them but their contents are incompliant with regulations, the dossier-receiving agency shall provide the applicant with a written guidance on dossier completion. Such guidance shall be provided only once.”

29. To amend Clause 3, Article 63 as follows:

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

“a/ Within 3 working days after accomplishing the jobs specified in Clause 2 of this Article, the dossier-receiving agency shall complete and submit a dossier of application for a mining license to the licensing agency;

b/ Within 3 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.”

30. To amend Clause 4, Article 63 as follows:

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

Within 3 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 related obligations. This time limit is exclusive of the time for the mining organization or individual to carry out procedures for payment of the charge for grant of the mining right.”

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

“b/ Within 3 working days, the dossier-receiving agency shall check papers and documents in the dossier and, if these papers and documents comply with regulations, issue a dossier receipt.”

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

“b/ Within 30 working days, the dossier-receiving agency shall complete the appraisal of documents, dossiers and other contents related to extension, transfer, return of part of a mineral exploration area, and return of a mineral exploration license or mining license; this time limit is 3 working days in case of extension or return of a salvage mining license.”

33. To amend Article 66 as follows:

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

1. Dossier receipt

a/ An organization or individual licensed to explore minerals shall submit a dossier of request for approval of mineral deposits to the dossier-receiving agency by hand-delivery, post or via the online public service system;

b/ Within 3 working days, the dossier-receiving agency shall check papers and documents in the dossier and, if these papers and documents satisfy the requirements specified in Clause 1, Article 50 of the Mineral Law and Article 50 of this Decree, notify such to the requester for it/him/her to pay the appraisal charge for evaluation 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 under regulations or comprises all of them but their contents are incompliant with regulations, the dossier-receiving agency shall provide a written guidance for the requester to supplement or complete the dossier. The guidance and requirement for dossier supplementation or completion shall be provided only once.

2. Examination of a report on mineral deposits:

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 Evaluation of Mineral Deposits or provincial-level People’s Committee for consideration and approval.

If the report is unsatisfactory for being submitted to the National Council for Evaluation of Mineral Deposits or provincial-level People’s Committee for approval, the dossier-receiving agency shall notify such in writing, clearly stating the reason to the requester to supplement or complete the report, enclosed with written opinions of experts.

The time for the requester 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 Evaluation of Mineral Deposits shall hold a meeting of the Council; the provincial-level People’s Committee shall decide to set up or not to set up a Technical Advisory Council specified in Clause 3, Article 34 of this Decree.

b/ Within 10 working days after conclusion of the meeting of the National Council for Evaluation of Mineral Deposits 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 Evaluation of Mineral Deposits, Technical Advisory Council or provincial-level People’s Committee, the dossier-receiving agency shall send a notice stating to-be-modified contents, enclosed with the meeting minutes.

The time for the requester 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 requester, the dossier-receiving agency shall submit it to the agency competent to approve mineral deposits specified in Clause 1, Article 49 of the Mineral Law.

d/ Within 3 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 approving mineral deposits stated in the report on mineral exploration results.

4. Notification of results of approval of mineral deposits

Within 3 working days after receiving a dossier from the agency competent to approve mineral deposits, the dossier-receiving agency shall notify approval results to the requester for receiving results by hand-delivery, post or via the online public service system, and perform other related obligations.”

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

Article 6. To replace the phrase “people’s identity paper number” in Forms No. 02, 03, 05, 06, 08, 09, 10, 11 and 12 promulgated together with the Government’s Decree No. 160/2013/ND-CP of November 12, 2013, providing criteria for identifying, and regime of management and protection applicable to, species on the List of endangered, precious and rare species prioritized for protection, with the phrase “people’s identity card number/citizen identity card number/personal identification number”.

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

1. To replace the phrase “people’s identity card” at Point b, Clause 2, Article 9 with the phrase “people’s identity card/citizen identity card/personal identification number”.

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

Article 8. To amend, supplement or annul a number of articles of the Government’s Decree No. 38/2016/ND-CP of 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 or a copy enclosed with the original for collation or a certified e-copy of the decision on the establishment of the organization (not applicable to companies, enterprises, and business organizations that have business operation certificates granted on the National Business Registration Database);”

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

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

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

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

4. To annul Point c, Clause 3, Article 15.

5. To amend and supplement Article 16 as follows:

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

1. Dossier-receiving agencies

a/ The Ministry of Natural Resources and Environment’s Office in charge of receiving dossiers for and notifying results of the settlement of administrative procedures shall receive dossiers for grant, extension, modification and supplementation of licenses for hydro-meteorological forecast and warning activities under the competence of the Minister of Natural Resources and Environment;

b/ Public administration service centers of provincial-level People’s Committees (or sections in charge of receiving dossiers for and notifying results of the settlement of administrative procedures of provincial-level Departments of Natural Resources and Environment) shall receive dossiers for grant, extension, modification and supplementation of licenses for hydro-meteorological forecast and warning activities under the competence of chairpersons of provincial-level People’s Committees.

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

An organization or individual shall submit by hand-delivery or post or via online public service portals 1 set of a dossier for grant, extension or modification and supplementation of a license as specified in Article 15 of this Decree to the Ministry of Natural Resources and Environment’s Office in charge of receiving dossiers for and notifying results of the settlement of administrative procedures.

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

An organization or individual shall submit by hand-delivery or post or via online public service portals 1 set of a dossier for grant, extension or modification and supplementation of a license as specified in Article 15 of this Decree to public administration service centers of provincial-level People’s Committees (or sections in charge of receiving dossiers for and notifying results of the settlement of administrative procedures of provincial-level Departments of Natural Resources and Environment).”

6. To amend and supplement Article 17 as follows:

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

1. Within 2 working days after receiving a dossier, the dossier-appraising agency shall examine the dossier and confirm whether or not the dossier is valid; if the dossier is invalid, it shall notify the applicant thereof for dossier completion under regulations.

2. After receiving a complete and valid dossier under regulations, the dossier-appraising agency shall examine the dossier and organize the appraisal, verification, survey and evaluation and make a conclusion, then propose the Minister of Natural Resources and Environment or chairpersons of provincial-level People’s Committees to grant, extend or modify and supplement a license for hydro-meteorological forecast and warning activities for a qualified applicant within 15 working days.

If the applicant is unqualified for grant, extension or modification and supplementation of the license, the dossier-appraising agency shall reply in writing, clearly stating the reason.

3. Licenses for hydro-meteorological forecast and warning activities approved by the Minister of Natural Resources and Environment shall be hand-delivered to organizations and individuals at the Ministry of Natural Resources and Environment’s Office in charge of receiving dossiers for and notifying results of the settlement of administrative procedures or sent by post or via online public services after the time limit respectively specified in Article 17 of this Decree.

4. Licenses for hydro-meteorological forecast and warning activities approved by chairpersons of provincial-level People’s Committees shall be hand-delivered to organizations and individuals at public administration service centers of provincial-level People’s Committees (or sections in charge of receiving dossiers for and notifying results of the settlement of administrative procedures of provincial-level Departments of Natural Resources and Environment) or sent by post or via online public services after the time limit respectively 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 for hydro-meteorological forecast and warning activities

a/ For licenses to be re-granted by the Minister of Natural Resources and Environment, an organization or individual requesting the re-grant of a license for hydro-meteorological forecast and warning activities shall hand-deliver or send by post or via online public service portals a request, made according to Form No. 02 provided in the Appendix to this Decree, to the Ministry of Natural Resources and Environment’s Office in charge of receiving dossiers for and notifying results of the settlement of administrative procedures according to the procedures similar to those for grant of such license.

b/ For licenses to be re-granted by chairpersons of provincial-level People’s Committees

An organization or individual requesting the re-grant of a license for hydro-meteorological forecast and warning activities shall hand-deliver, send by post or via online public service portals a request, made according to Form No. 02 provided in the Appendix to this Decree, to the public administration service center of the provincial-level People’s Committee (or section in charge of receiving dossiers for and notifying results of the settlement of administrative procedures of the provincial-level Department of Natural Resources and Environment) according to the procedures similar to those for grant of such license.

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

a/ The Ministry of Natural Resources and Environment or the provincial-level People’s Committee shall organize the consideration, appraisal and verification for re-grant of a license for hydro-meteorological forecast and warning activities to a qualified requester within 5 working days; if the requester is unqualified, it shall reply in writing, clearly stating the reason;

b/ Licenses for hydro-meteorological forecast and warning activities approved by the Minister of Natural Resources and Environment shall be hand-delivered to requesters at the Ministry of Natural Resources and Environment’s Office in charge of receiving dossiers for and notifying results of the settlement of administrative procedures, sent by post or via online publics services after the time limit respectively specified at Point a, Article 3 of this Decree.

c/ Licenses for hydro-meteorological forecast and warning activities approved by chairpersons of provincial-level People’s Committees shall be hand-delivered to requesters at public administration service centers of provincial-level People’s Committees (or sections in charge of receiving dossiers for and notifying results of the settlement of administrative procedures of provincial-level Departments of Natural Resources and Environment), sent by post or via online public services after the time limit respectively specified at Point a, Article 3 of this Decree.”

8. To replace the phrase “people’s identity card” in Clause 3, Article 31 with the phrase “people’s identity card/citizen identity card/personal identification number”.

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

“Article 34. Order, procedures and regime of reporting on and 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 international organizations and foreign organizations and individuals shall submit 1 set of dossier of request for permission for exchange via an online public service portal or by post or hand-delivery to the Ministry of Natural Resources and Environment’s Office in charge of receiving dossiers for and notifying results of the settlement of administrative procedures, which must state:

a/ Name and address enclosed with a certified copy or certified e-copy, a copy enclosed with the original (for collation) of the paper proving the legal person status, for agencies and organizations, or the people’s identity card/citizen identity card/personal identification number, for individuals, wishing to exchange hydro-meteorological and climate change monitoring information and data with international organizations and foreign organizations and individuals in accordance with the civil law;

b/ Purposes of the exchange of information and data with international organizations and foreign organizations and individuals;

c/ Types and quantity of specific information and data to be exchanged with international organizations and foreign organizations and individuals;

d/ Names and addresses of international organizations and foreign organizations and individuals with which/whom information and data will be exchanged;

dd/ Time for information and data exchange;

e/ Form of information and data exchange;

g/ Time limit for information and data exchange.

2. Within 2 working days after receiving a dossier, the dossier-appraising agency shall consider, check and confirm whether or not the dossier is valid; in case the dossier is invalid, the dossier-appraising agency shall notify the organization or individual asking for permission to complete the dossier under regulations.

3. Within 15 working days after receiving a complete and valid dossier under regulations, the dossier-appraising agency shall consider, organize the appraisal, verification, survey and evaluation and make a conclusion, then propose the Minister of Natural Resources and Environment to give a written agreement, made according to Form No. 07 provided in the Appendix to this Decree. Such an agreement shall be hand-delivered to the requesting organization or individual at the Ministry of Natural Resources and Environment’s Office in charge of receiving dossiers for and notifying results of the settlement of administrative procedures or send by post or via the online public service system.

In case of disagreement, the Ministry of Natural Resources and Environment shall reply in writing, clearly stating the reason.

4. Within 10 days after completing the exchange of hydro-meteorological and climate change monitoring information and data with international organizations and foreign organizations and individuals, the agency, organization or individual shall make a report according to Form No. 08 provided in the Appendix to this Decree and send it to the Ministry of Natural Resources and Environment; in case the time for information and data exchange is longer than 1 year, annually before January 15, it/he/she shall send the report on information and data exchange of the previous year.

5. Exchanged hydro-meteorological information and data classified as state secrets must comply with the law on protection of state secrets.”

10. To replace the phrase “establishment decision/business operation certification” in Form No. 02 provided in the Appendix to this Decree with the phrase “number and code of the establishment decision/enterprise code of the business operation certificate, date and place of grant.

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

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

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

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

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

4. To replace the phrase “people’s identity card number/citizen identity card number….” in Forms No. 03 and No. 19 provided in Appendix I to Decree No. 27/2019/ND-CP with the phrase “people’s identity card number/citizen identity card number/personal identification number, ….date of grant, place of grant”.

5. To replace the phrase “people’s identity card number/citizen identity card number⁽³⁾: …date of grant...” in Forms No. 02, 03, 05, 11, 12 and 13 provided in Appendix 1A to Decree No. 136/2021/ND-CP with the phrase “people’s identity card number/citizen identity card number/personal identification number, …..date of grant, place of grant”.

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

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

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

Article 12. Implementation provisions

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

2. Transitional provisions

Required business investment conditions and complete and valid dossiers received before the effective date of this Decree must comply with the decrees effective 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.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN HONG HA

* The Appendix to this Decree is not translated.-