Decree No. 67/2018/ND-CP dated May 14, 2018 of the Government on detailing a number of articles of the Law on Hydraulic Work

DECREE

Detailing a number of articles of the Law on Hydraulic Work^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 19, 2017 Law on Hydraulic Work;

At the proposal of the Minister of Agriculture and Rural Development;

The Government promulgates the Decree detailing a number of articles of the Law on Hydraulic Work.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree prescribes the classification and grading of hydraulic structures; the capacity of hydraulic structure-exploiting organizations and individuals; the competence, order and procedures for grant, re-grant, extension, modification, suspension and revocation of licenses for activities within the protection corridor of hydraulic structures.

Article 2.Subjects of application

This Decree applies to Vietnamese organizations and individuals; foreign organizations and individuals involved in activities related to hydraulic work in the territory of the Socialist Republic of Vietnam.

Article 3.Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Hydraulic structure system means a system of hydraulic structures which are directly related to each other in terms of exploitation and protection in an area.

2. Reservoir means a structure consisting of dams and related structures to store water for regulating water flow, controlling flood and supplying water for agricultural production, industrial and daily-life activities, generating electricity and improving the environment.

3. Dam means a structure built to raise the level of water or together with related structures to create a reservoir

4. Hydraulic embankment means a structure with the function of dividing and preventing water to protect an area.

5. Discharge of wastewater in small volumes containing no hazardous or radioactive substances means discharge of wastewater from daily-life activities of individuals and households; discharge of water from production, business and service establishments with a volume not exceeding 5 m³/day containing no hazardous or radioactive substances

Chapter II

CLASSIFICATION AND GRADING OF HYDRAULIC STRUCTURES

Article 4.Classification of hydraulic structures

Hydraulic structures prescribed in Clause 2, Article 16 of the Law on Hydraulic Work are classified as follows:

1. Particularly important dams and reservoirs:

a/ Dams with a height of 100 m or more, or dams of reservoirs specified at Points b and c of this Clause;

b/ Reservoirs with a gross storage capacity of 1,000,000,000m³or more;

c/ Reservoirs with a storage capacity of between 500,000,000m³and under 1,000,000,000m³, with the affected downstream area being cities, towns or important national security-related works;

d/ A list of particularly important dams and reservoirs is provided in Appendix I to this Decree.

2. Major dams and reservoirs:

a/ Dams with a height of between 15m and under 100m, or dams of reservoirs specified at Point c of this Clause;

b/ Dams with a height of between 10m and under 15m and a length of 500m or more, or dams with a height of between 10m and under 15m and a designed flood water discharge flow of over 2,000m³/second;

c/ Reservoirs with a storage capacity of between 3,000,000m³and under 1,000,000,000m³, except reservoirs prescribed at Point c, Clause 1 of this Article.

3. Medium-sized dams and reservoirs:

a/ Dams with a height of between 10m and under 15m, or dams of reservoirs specified at Point b of this Clause, except the dams specified at Point b, Clause 2 of this Article;

b/ Reservoirs with a storage capacity of between 500,000m³and under 3,000,000m³.

4. Small dams and reservoirs are dams with a height of under 10m or reservoirs with a storage capacity of under 500,000m³.

5. Pumping stations:

a/ Large pumping stations with a capacity of 72,000m³/hour or more;

b/ Medium-sized pumping stations with a capacity of between 3,600m³/hour and under 72,000m³/hour, or small pumping stations with the motor capacity of each pump unit of 150 kW or more;

c/ Small pumping stations with a capacity of under 3,600m³/hour.

6. Sluices:

a/ Large sluices with a total water discharge width of:

30m or more, for the Mekong River delta;

20m or more, for other regions.

b/ Medium-sized sluices with a total water discharge width of:

Between 10m and under 30m, for the Mekong River delta;

Between 5m and under 20m, for other regions.

c/ Small sluices with a total water discharge width of:

Under 10m, for the Mekong River delta;

Under 5m, for other regions.

7. Water delivery and transfer systems:

a/ Large canals at different levels, tunnels, siphons and gutters with the following specifications:

For the Mekong River delta, a capacity of 100m³/second or more or a canal bottom width of 50m or more;

For other regions, a capacity of 50m³/second or more or a canal bottom width of 25m or more.

b/ Medium-sized canals at different levels, tunnels, siphons and gutters with the following specifications:

For the Mekong River delta, a capacity of  between 10m³/second and under 100m³/second or a canal bottom width of between 10m and under 50m;

For other regions, a capacity of between 5m³/second and under 50m³/second or a canal bottom width of between 5m and under 25m.

c/ Small canals at different levels, tunnels, siphons and gutters with the following specifications:

For the Mekong River delta, a capacity of under 10m³/second or a canal bottom width of under 10m;

For other regions, a capacity of under 5m³/second or a canal bottom width of under 5m.

8. Pipelines:

a/ Large pipelines with a capacity of 3m³/second or more or an inner diameter of 1,500mm or larger;

b/ Medium-sized pipelines with a capacity of between 0.25m³/second and under 3m³/second or an inner diameter of between 500mm and under 1,500mm;

c/ Small pipelines with a capacity of under 0.25m³/second or an inner diameter of under 500mm.

9. Embankments:

a/ Large embankments protecting areas of​​10,000ha or more;

b/ Medium-sized embankments protecting areas of between 500ha and under​​10,000ha;

c/ Small embankments protecting areas of​​under 500ha.

10. Hydraulic structure systems:

a/ Large hydraulic structure systems supplying water for farmland lots, or draining water for natural areas of 20,000ha or more;

b/ Medium-sized hydraulic structure systems supplying water for farmland lots, or draining water for natural areas of between 2,000ha and under 20,000ha;

c/ Small hydraulic structure systems supplying water for farmland lots, or draining water for natural areas of under 2,000ha.

11. Based on the sizes, tasks, importance and levels of risk in downstream areas, the Minister of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with provincial-level People’s Committees of localities where dams and reservoirs are located in, submitting to the Prime Minister for adjustment the list of particularly important dams and reservoirs.

Article 5.Grading of hydraulic structures

Grading of hydraulic structures aims to serve their design and management of other contents prescribed in national standards and technical regulations and relevant regulations.

1. Hydraulic structures shall be graded on the following principles:

a/ Hydraulic structures shall be graded by service capacity, storage capacity of reservoirs, technical characteristics and geological conditions of grounds of structures of a head group. The grade of a hydraulic structure shall be the highest grade among the grades determined according to each of the above criteria;

b/ The grade of a head structure shall be determined as the grade of a hydraulic structure. The grade of a water delivery and transfer system must be equivalent to or lower than the grade of the head structure, and incrementally lower according to the reduction in the scope of service. There is a one-grade gap between the grades of a lower-grade water delivery and transfer system and a higher-grade one.

2. The grades of hydraulic structures are provided in Appendix II to this Decree.

Chapter III

PROVISIONS ON CAPACITY OF HYDRAULIC STRUCTURE-EXPLOITING ORGANIZATIONS AND INDIVIDUALS

Article 6.General requirements for hydraulic structure-exploiting organizations and individuals

1. An enterprise has an enterprise registration certificate.

2. An on-farm irrigation unit must satisfy the following requirements:

a/ Having an internal regulation recognized by a competent agency in accordance with the Law on Cooperatives, the Civil Code and other relevant regulations;

b/ Having an apparatus and operators possessing professional qualifications as prescribed by this Decree, suitable to technical requirements and the size of the hydraulic structure assigned to be exploited.

3. A hydraulic structure-exploiting individual must satisfy the following requirements:

a/ Having full civil act capacity in accordance with law, and taking responsibility for the jobs he/she performs;

b/ Possessing training degrees or certificates meeting the technical requirements of the hydraulic structure to be exploited by him/her.

4. The arrangement and use of labor and equipment in service of the management and operation of small hydraulic structures must assure safety and effectiveness in accordance with the current law.

Article 7.Requirements for professional sections of hydraulic structure-exploiting enterprises

1. A hydraulic structure-exploiting enterprise must have the following sections:

a/ A section in charge of structure management;

b/ A section in charge of water management;

c/ A section in charge of economic management.

2. In addition to the provisions in Clause 1 of this Article, enterprises engaged in other production, business and service activities must have specialized sections in charge of such production, business and service activities.

3. The sections specified in Clause 1 of this Article must ensure that 70% of the number of its staffs possess a relevant university or higher degree.

Article 8.Requirements on minimum capacity of dam and reservoir-exploiting organizations and individuals

1. For a particularly important dam or reservoir, to have 7 hydraulic engineers, of whom at least 2 have at least 5 years’ practical experience in dam or reservoir management and operation and a certificate of training in dam management.

2. For large dams and reservoirs:

a/ For a reservoir with a storage capacity of 50,000,000m³or more, to have 5 hydraulic engineers, of whom at least 2 have at least 5 years’ practical experience in dam or reservoir management and operation and a certificate of training in dam management.

b/ For a reservoir with a storage capacity of between 10,000,000m³and under 50,000,000m³, to have 3 hydraulic engineers, of whom at least 1 has at least 5 years’ practical experience in dam or reservoir management and operation and a certificate of training in dam management.

c/ For a reservoir with a storage capacity of between 3,000,000m³and under 10,000,000m³, to have 2 hydrological engineers, of whom at least 1 has at least 3 years’ practical experience in dam or revervoir management and operation and a certificate of training in dam management.

3. For medium-sized dams and reservoirs:

a/ For a reservoir with a storage capacity of between 1,000,000m³and under 3,000,000m³, to have a hydraulic engineer and a staff possessing a college degree in hydraulic work and having at least one year’s practical experience in dam or reservoir management and operation and a certificate of training in dam management.

b/ For a reservoir with a storage capacity of between 500,000m³and under 1,000,000m³, to have a staff possessing a college degree in hydraulic work and a certificate of training in dam management.

4. For small dams and reservoirs:

a/ For a reservoir with a storage capacity of between 200,000m³and under 500,000m³, to have a staff possessing an intermediate- or higher level professional qualification in hydraulic work and a certificate of training in dam management;

b/ For a reservoir with a storage capacity of between 50,000m³and under 200,000m³, to have a staff who has completed at least high school education or is a grade-2 or higher-grade worker having a certificate of training in dam management.

5. For a gate-controlled or uncontrolled spillway, operation workers must have a certificate of completing training courses on sluice and spillway management organized by specialized agencies or training establishments.

6. For a gate-controlled spillway of a reservoir with electrical gate valves, to have a class-4 electrical workers managed by a hydraulic structure-exploiting organizations in the head structure during the discharge of flood water.

Article 9.Requirements on minimum capacity of fixed electric pumping station-exploiting organizations and individuals

1. For electric pumping stations with pumps with a capacity of 11,000m³/hour or more:

a/ For a pumping station with 9 or more pumps, to have 3 hydraulic engineers, an electromechanical engineer, 10 staffs with intermediate-level professional qualifications in electromechanics or hydraulic work and at least 5 years’ practical experience in management and operation of pumping stations;

b/ For a pumping station with 4 to 9 pumps, to have a hydraulic engineer, an electromechanical engineer, 6 staffs with intermediate-level professional qualifications in electromechanics or hydraulic work and at least 3 years’ practical experience in management and operation of pumping stations;

c/ For a pumping station with 3 or fewer pumps, to have a hydrological engineer or an electromechanical engineer, 3 staffs with intermediate-level professional qualifications in electromechanics or hydraulic work and at least 3 years’ practical experience in management and operation of pumping stations.

2. For electric pump stations with pumps with a capacity of between  8,000m³/hour and under 11,000m³/hour:

a/ For a pumping station with 9 or more pumps, to have a hydrological engineer, an electromechanical engineer, 7 staffs with intermediate-level professional qualifications in electromechanics or hydraulic work and at least 3 years’ practical experience in management and operation of pumping stations.

For every 4 pumps added, a staff with an intermediate-level professional qualification shall be added. For every 5 pumps added, a hydrological engineer shall be added;

b/ For a pumping station with 4 to 9 pumps, to have a hydrological engineer or an electromechanical engineer, 5 staffs with intermediate-level professional qualifications in electromechanics or hydraulic work and at least 3 years’ practical experience in management and operation of pumping stations;

c/ For a pumping station with 3 or fewer pumps, to have a staff with a college degree in hydraulic work or electromechanics, 3 staffs with intermediate-level professional qualifications in electromechanics or hydraulic work and at least 3 years’ practical experience in management and operation of pumping stations;

3.  For electric pumping stations with pumps with a capacity of between  4,000m³/hour and under 8,000m³/hour:

a/ For a pumping station with 9 or more pumps, to have a hydraulic engineer or an electromechanical engineer, 2 staffs with a college or higher degree, 5 staffs with intermediate-level professional qualifications in electromechanics or hydraulic work and at least 3 years’ practical experience in management and operation of pumping stations.

For every 5 pumps added, a staff with an intermediate-level professional qualification in electromechanics shall be added. For every 10 pumps added, a hydrological engineer or an electromechanical engineer shall be added;

b/ For a pumping station with 4 to 9 pumps, to have a staff with a college or higher degree in hydraulic work or electromechanics, 3 staffs with intermediate-level professional qualifications in electromechanics or hydraulic work, of whom at least one must possess an intermediate-level professional qualification in electromechanics and at least 3 years’ practical experience in management and operation of pumping stations;

c/ For a pumping station with 3 or fewer pumps, to have 2 staffs with intermediate-level professional qualification in electromechanics or hydraulic work, of whom at least one must possess an intermediate-level professional qualification in electromechanics and at least 3 years’ practical experience in management and operation of pumping stations.

4. For electric pumping stations with pumps with a capacity of between  1,000m³/hour and under 4,000m³/hour:

a/ For a pumping station with 15 or more pumps, to have a hydraulic engineer or an electromechanical engineer, 3 staffs with intermediate-level professional qualifications in electromechanics or hydraulic work, of whom at least 2 must possess intermediate-level professional qualifications in  electromechanics and at least 3 years’ practical experience in management and operation of pumping stations.

For every 5 pumps added, a staff with an intermediate-level professional qualification in electromechanics shall be added. For every 10 pumps added, a hydraulic engineer or an electromechanical engineer shall be added;

b/ For a pumping station with 10 to 15 pumps, to have a staff with a college or higher degree in hydraulic work or electromechanics, 2 staffs with intermediate- or higher-level professional qualification and at least 3 years’ practical experience in management and operation of pumping stations;

c/ For a pumping station with 4 to 10 pumps, to have 3 staffs with intermediate-level professional qualifications in electromechanics or hydraulic work, of whom at least one must possess an intermediate-level professional qualification in electromechanics and at least 3 years’ practical experience in management and operation of pumping stations;

d/ For a pumping station with 3 or fewer pumps, to have a staff with professional qualification at intermediate level of hydraulic work or electromechanics and practical experience in management and operation of pumping stations for 3 years or more.

5. For electric pump stations with pumps with a capacity of between  540m³/hour and under 1,000m³/hour:

a/ For a pumping station with 2 to 5 pumps, to have an operation worker who has completed high school education and must attend a training course in management and exploitation of hydraulic structures and have at least 3 years’ practical experience in management and operation of pumping stations;

b/ For a pumping station with over 5 pumps, to have an electric pump-operating worker who has attended a technical training course for 3 months to 6 months. For a pumping station with 7 or more pumps, a staff possessing an intermediate-level professional qualification in hydraulic work or electromechanics and at least 3 years’ practical experience in management and operation of pumping stations shall be added.

Article 10.Requirements on minimum capacity of organizations and individuals exploiting head sluices and water delivery and transfer systems

1. For special-grade, grade-I and grade-II sluices under river dykes; large electrically operated river-blocking sluices:

a/ For special-grade, grade-I and grade-II sluices under river dykes; large electrically operated river-blocking sluices, to have a hydraulic engineer, an electromechanical engineer, a staff with an intermediate-level professional qualification in electromechanics and at least 3 years’ practical experience in management and operation in head structures.

b/ To comply with the law on dykes.

2. For other sluices with an water discharge width of 0.5m or more; canals at different levels, tunnels and gutters with a capacity of 0.3m³/second or more or a canal bottom width of 0.5m or more; pipelines with a capacity of under 0.02m³/second or an inner diameter of under 150mm, to arrange workers based on the scale and objectives of operation of the structures, but they must have completed at least high school education and possess a certificate of professional training in the management and exploitation of hydraulic structures.

Article 11.Training in management and exploitation of hydraulic structures

1. Training institutions with appropriate functions, tasks and capabilities may organize training and re-training courses to raise capacity and skills for those performing hydraulic structure management and exploitation and dam management.

2. The Ministry of Agriculture and Rural Development shall develop and promulgate a framework plan and a framework curriculum as well as materials for training in hydraulic structure management and exploitation, which serve as a basis for schools, training institutions and localities to organize the implementation.

Article 12.Responsibility to strictly satisfy capacity requirements in the exploitation of hydraulic structures

1. Organizations and individuals engaged in the exploitation of hydraulic structures must have a capacity suitable to the sizes and technical requirements of the structures as prescribed in this Decree; and shall take responsibility before law for the consequences and damage caused by the failure to meet the capacity requirements.

2. Once every 5 years, persons directly performing the management and operation of hydraulic structures, management and operation of dams and reservoirs shall attend training courses to improve their capacity of management and operation of hydraulic structures and management and operation of dams and reservoirs.

3. For organizations assigned to exploit different types of head structures, the number of their staffs and workers engaged in the exploitation of hydraulic structures must be increased correspondingly to the capacity requirements.

4. In addition to meeting the capacity requirements prescribed in this Decree, hydraulic structure-exploiting organizations and individuals that are engaged in other production and business activities must satisfy the capacity requirements for such activities as prescribed by relevant laws.

5. The specialized state management agencies in charge of hydraulic work shall inspect and supervise the observance of this Decree’s provisions on capacity by hydraulic structure-exploiting organizations and individuals.

Chapter IV

LICENSING OF ACTIVITIES WITHIN PROTECTION CORRIDORS OF HYDRAULIC STRUCTURES

 Article 13.Licenses for activities within protection corridors of​​hydraulic structures

Licenses shall be granted for activities within the protection corridors of hydraulic structures, including:

1. Building new structures.

2. Establishing a wharf, station or yard for gathering raw materials, fuel, materials, supplies and vehicles.

3. Drilling and digging for geological survey; exploring and exploiting minerals and construction materials, exploiting groundwater.

4. Discharging wastewater into hydraulic structures, except for small volumes of wastewater containing no hazardous or radioactive substances.

5. Planting perennial trees.

6. Tourism, sports, scientific research, business and service activities.

7. Operations of inland waterway craft and motor vehicles other than motorcycles, motorbikes and rudimentary inland waterway craft.

8. Aquaculture.

9. Blasting and other activities causing explosion.

10. Building underground structures.

Article 14.Principles of licensing

1. To ensure safety of hydraulic structures and protect water quality; to ensure the State’s interests and lawful rights and interests of related organizations and individuals.

2. To ensure proper licensing competence, eligible objects and the order and procedures as prescribed by law.

3. To conform with approved master plans on hydraulic work. In case a master plan on hydraulic work has not been approved yet, the licensing shall be based on the designs and tasks of hydraulic structures concerned to ensure their safety and operation.

Article 15.Grounds for licensing

1. The licensing of activities within the protection corridors of hydraulic structures shall be based on:

a/ Tasks of hydraulic structures;

b/ Design dossiers and the current state of hydraulic structures;

c/ Approved master plan on hydraulic work; in case such master plan has not been approved yet, the licensing shall be based on designs of hydraulic structures to ensure their safety and operation.

2. In case of licensing the discharge of wastewater into hydraulic structures, in addition to the grounds specified in Clause 1 of this Article, the following provisions shall be complied with:

a/ The wastewater-receiving capacity of the hydraulic structure system;

b/ National standards and technical regulations on wastewater quality; requirements for environmental protection for the discharge of wastewater already approved by competent state agencies.

Article 16.Competence to grant, re-grant, extend, modify, suspend and revoke licenses for the activities specified in Article 13 of this Decree

1. For particularly important hydraulic structures, and hydraulic structures of which the exploitation and protection involve two or more provinces:

a/ The Ministry of Agriculture and Rural Development may grant, re-grant, extend, modify, suspend and revoke licenses for wastewater discharge; and licenses for the activities specified in Clauses 1, 2, 3, 6, 9 and 10, Article 13 of this Decree within the protection corridors of​​hydraulic structures managed by the Ministry;

b/ Provincial-level People’s Committees may grant, re-grant, extend, modify, suspend and revoke licenses for the activities specified in Article 13 of this Decree, except for cases specified at Point a of this Clause.

2. For other hydraulic structures:

Provincial-level People’s Committees may grant, re-grant, extend, modify, suspend and revoke licenses for the activities specified in Article 13 of this Decree

Article 17.Agencies receiving and managing dossiers and licenses

1. The Directorate of Water Resources under the Ministry of Agriculture and Rural Development shall receive and manage dossiers and licenses granted by the Ministry of Agriculture and Rural Development.

2. Provincial-level Agriculture and Rural Development Departments shall receive and manage dossiers and licenses granted by provincial-level People’s Committees.

Article 18.Validity periods of licenses

1. A license for activities within the protection corridors of​​hydraulic structures has a validity period of up to 5 years and may be extended for multiple times, with each extension not exceeding three years.

2. The license-granting agency shall decide on the change of the validity period of a license in case the hydraulic structure faces safety risks; activities within the protection corridors of hydraulic structures affect the operation of the structures; the hydraulic structure is no longer capable of receiving wastewater.

Article 19.Contents of licenses

A license for activities within the protection corridors of​​hydraulic structures must have the following details:

1. Name and address of the licensee.

2. Names of activities within the protection corridors of hydraulic structures.

3. Licensed scope of operation; locations where wastewater is discharged into the hydraulic structures.

4. Scale, capacity and main specifications of licensed activities; flow, mode and mechanism of discharge of wastewater into the hydraulic structures.

5. Validity period of the license.

6. Requirements for activities within the protection corridors of​​hydraulic structures in order to ensure safety of the structures, protection of water quality in the hydraulic structures, and lawful rights and interests of related organizations and individuals;

7. Rights and obligations of the licensee.

Article 20.Modification of licenses

1. The following details of a license may be modified:

a/ Scope of operation;

b/ Scale, capacity and main specifications of licensed activities.

c/ Locations, flow, mode and mechanism of discharge of wastewater into the hydraulic structures.

2. Procedures for modification:

During the validity period of a license for activities within the protection corridors of hydraulic structures, if wishing to have it modified, its holder shall make a dossier of request for modification and submit it to the competent state agency specified in Article 16 of this Decree.

Article 21.Order and procedures for licensing

1. Within 3 working days after receiving a dossier, the dossier-receiving agency shall check the dossier. If finding that the dossier is invalid, it shall notify such to the applicant for completing the dossier under regulations.

2. Time limit for licensing:

a/ For the activities specified in Clauses 1, 2, 3 and 10, Article 13 of this Decree:

Within 25 working days after receiving a valid dossier, the competent licensing agency shall appraise the dossier; if all the required conditions are satisfied, it shall grant a license. In case of refusing to grant a license, it shall notify the reason for refusal.

b/ For the activities specified in Clause 4, Article 13 of this Decree:

Within 30 working days after receiving a complete and valid dossier, the competent licensing agency shall appraise the dossier; if all the required conditions are satisfied, it shall grant a license. In case of refusing to grant a license, it shall notify the reason for refusal.

c/ For the activities specified in Clause 5, Article 13 of this Decree:

Within 10 working days after receiving a complete and valid dossier, the competent licensing agency shall appraise the dossier; if all the required conditions are satisfied, it shall grant a license. In case of refusing to grant a license, it shall notify the reason for refusal.

d/ For the activities specified in Clauses 6, 8 and 9, Article 13 of this Decree:

Within 15 working days after receiving a complete and valid dossier, the competent licensing agency shall appraise the dossier; if all the required conditions are satisfied, it shall grant a license. In case of refusing to grant a license, it shall notify the reason for refusal.

dd/ For the activities specified in Clause 7, Article 13 of this Decree:

Within 7 working days after receiving a complete and valid dossier, the competent licensing agency shall appraise the dossier; if all the required conditions are satisfied, it shall grant a license. In case of refusing to grant a license, it shall notify the reason for refusal.

Article 22.Dossiers of application for licenses prescribed in Clauses 1, 2, 3, 8 and 10, Article 13 of this Decree.

A license application shall submit one dossier set directly or by post to the dossier-receiving agency specified in Article 17 of this Decree. A dossier must comprise:

1. An application for a license, made according to the form provided in Appendix III to this Decree;

2. Construction and design drawings, for cases specified in Clauses 1, 2, 3 and 10, Article 13 of this Decree;

3. Plan on the location of the area where the activities subject to licensing will be carried out;

4. A written assessment of the impact of activities on the operation and safety of the hydraulic structure;

5. A written agreement between hydraulic structure-exploiting organizations and individuals;

6. A written agreement on the use of land for a long term or a definite term with the lawful land user.

Article 23.Dossiers of application for licenses prescribed in Clause 4, Article 13 of this Decree

A license applicant shall submit one dossier set directly or by post to the dossier-receiving agency specified in Article 17 of this Decree. A dossier must comprise:

1. An application for a license, made according to the form provided in Appendix III to this Decree;

2. A 1:5,000 scale map of the wastewater treatment area and the location of wastewater discharge into the hydraulic structure system;

3. A written agreement between hydraulic structure-exploiting organizations and individuals;

4. Construction and design drawings, the operation process of the wastewater treatment system;

5. Results of analysis of water quality of the hydraulic structure at the location of wastewater discharge; results of analysis of wastewater quality before and after treatment in case of discharging wastewater into the hydraulic structure;

6. A project on wastewater discharge into the hydraulic structure, for cases in which wastewater has not been discharged yet; a report on the current state of wastewater discharge, for cases of discharging wastewater into hydraulic structures;

7. A copy of the land use rights certificate for the area where the wastewater treatment system is located.

Article 24.Dossiers of application for licenses prescribed in Clause 5, Article 13 of this Decree

A license applicant shall submit one dossier set directly or by post to the dossier-receiving agency specified in Article 17 of this Decree. A dossier must comprise:

1. An application for a license, made according to the form provided in Appendix III to this Decree;

2. Plan on the location of the area where the activities subject to licensing will be carried out;

3. A written assessment of the impact of activities on the operation and safety of the hydraulic structure;

4. A written agreement between hydraulic structure-exploiting organizations and individuals.

Article 25.Dossiers of application for licenses prescribed in Clause 6, Article 13 of this Decree

A license applicant shall submit one dossier set directly or by post to the dossier-receiving agency specified in Article 17 of this Decree. A dossier must comprise:

1. An application for a license, made according to the form provided in Appendix III to this Decree;

2. The approved investment project;

3. A plan on the location of the area where the activities subject to licensing will be carried out;

4. A written assessment of the impact of activities on the operation and safety of the hydraulic structure;

5. A written agreement between hydraulic structure-exploiting organizations and individuals.

Article 26.Dossiers of application for licenses prescribed in Clause 7, Article 13 of this Decree

A license applicant shall submit one dossier set directly or by post to the dossier-receiving agency specified in Article 17 of this Decree. A dossier must comprise:

1. An application for a license, made according to the form provided in Appendix III to this Decree;

2. Copies of registration certificates of motor vehicles and inland waterway craft;

3. A plan on the location of the area where the activities subject to licensing will be carried out;

4. A written assessment of the impact of activities on the operation and safety of the hydraulic structure;

5. A written agreement between hydraulic structure-exploiting organizations and individuals.

Article 27.Dossiers of application for licenses prescribed in Clause 9, Article 13 of this Decree

A license applicant shall submit one dossier set directly or by post to the dossier-receiving agency specified in Article 17 of this Decree. A dossier must comprise:

1. An application for a license, made according to the form provided in Appendix III to this Decree;

2. A copy of the blasting certificate;

3. A plan on the location of the area where the activities subject to licensing will be carried out;

4. A written assessment of the impact of activities on the operation and safety of the hydraulic structure;

5. A written agreement between hydraulic structure-exploiting organizations and individuals.

Article 28.Dossiers of request for extension or modification of licenses

A license extension- or modification-requesting organization or individual shall submit one set of dossier directly or by post to the dossier-receiving agency specified in Article 17 of this Decree. A dossier must comprise:

1. A written request for extension or modification of the license, made according to the form provided in Appendix III to this Decree;

2. Additional construction and design drawings or additional investment project, for the cases of request for modification of licenses specified in Clauses 1, 2, 3, 4, 6 and 10, Article 13 of this Decree; a report on the analysis of wastewater quality, for the cases of request for modification of the license prescribed in Clause 4, Article 13 of this Decree;

3. A report on the implementation of the granted license;

4. A written agreement between hydraulic structure-exploiting organizations and individuals.

Article 29.Order and procedures for license extension or modification

1. A license extension- or modification-requesting organization or individual shall submit one dossier set directly or by post to the dossier-receiving agency specified in Article 17 of this Decree. In case of request for extension of a license, the dossier shall be submitted at least 45 days before the license expires.

2. Within 3 working days after receiving a dossier, the dossier-receiving agency shall check the dossier. If finding that the dossier is invalid, it shall notify such to the requesting organization or individual for completing the dossier under regulations.

3. Time limit for license extension or modification:

a/ For the activities specified in Clauses 1, 2, 3, 4 and 10, Article 13 of this Decree:

Within 15 working days after receiving a complete and valid dossier, the competent licensing agency shall appraise the dossier; if all the required conditions are satisfied, it shall grant a license for extension or modification. In case of refusing to grant, it shall notify the reason for refusal.

b/ For the activities specified in Clauses 5 and 7, Article 13 of this Decree:

Within 5 working days after receiving a complete and valid dossier, the competent licensing agency shall appraise the dossier; if all the required conditions are satisfied, it shall grant a license for extension or modification. In case of refusing to grant, it shall notify the reason for refusal.

c/ For the activities specified in Clauses 6, 8 and 9, Article 13 of this Decree:

Within 10 working days after receiving a complete and valid dossier, the competent licensing agency shall appraise the dossier; if all the required conditions are satisfied, it shall grant a license for extension or modification. In case of refusing to grant a license, it shall notify the reason for refusal.

Article 30.Re-grant of licenses

1. A license shall be re-granted in the following cases:

a/ It is lost, torn or damaged;

b/ The name of the licensee is changed due to assignment, merger, splitting or restructuring of the organization.

2. Order and procedures for re-granting licenses:

a/ For the cases specified at Point a, Clause 1 of this Article: A written request for re-grant of a license shall be submitted directly or by post to the dossier-receiving agency specified in Article 17 of this Decree;

b/ For the cases specified at Point b, Clause 1 of this Article: A written request and documents proving the change of the name of the licensee shall be submitted directly or by post to the dossier-receiving agency specified in Article 17 of this Decree.

c/ Within 3 working days after receiving a dossier, the competent licensing agency shall appraise the dossier; if all the required conditions are satisfied, it shall re-grant a license. In case of refusing to re-grant a license, it shall notify the reason for refusal.

3. The validity period stated in the re-granted license is the remaining validity period of the granted license.

Article 31.Rights of licensees

Organizations and individuals licensed to carry out activities within the protection corridors of​​hydraulic structures have the following rights:

1. To carry out activities within the protection corridors of​​hydraulic structures at the locations, within the time limits and on the scale specified in the licenses.

2. To be assured by the State their lawful rights and interests specified in the licenses.

3. To be compensated by the State in cases the licenses are revoked or have their validity periods changed for national defense or security reasons or for national or public interests in accordance with law.

4. To request the license-granting agency to extend or modify the licenses under regulations.

Article 32.Obligations of licensees

Organizations and individuals licensed to carry out activities within the protection corridors of​​hydraulic structures have the following obligations:

1. To comply with the Law on Hydraulic Work and other relevant laws.

2. To comply with regulations on the locations of, time limits for and scale of activities within the protection corridors of​​hydraulic structures specified in their licenses.

3. To perform financial obligations in accordance with law.

4. When carry out activities, to ensure safety of hydraulic structures, immediately deal with incidents and pay compensations for damage caused by their operation.

5. Not to obstruct or cause damage to the integrated exploitation of hydraulic structures.

6. To fully and honestly provide data and information on activities within the protection corridors of hydraulic structures upon request by competent state agencies.

Article 33.Invalidation of licenses

1. A license shall be invalidated when the licensee commits one of the following violations:

a/ Violating the contents of the license;

b/ Taking advantage of the license to carry out activities in contravention of law.

2. Invalidation duration of a license: No more than 3 months.

3. While its license is invalidated, the licensee may not exercise the rights related to the license and shall take remedial measures and pay compensation for damage in accordance with law.

Article 34.Revocation of licenses

1. A license shall be revoked in the following cases:

a/ The dossier of application for the license is detected to contain untrue contents;

b/ The licensee is dissolved or declared bankrupt by the court; dies, is declared by the court as being dead or having its/his/her civil act capacity lost, or being missing;

c/ The licensee fails to comply with the decision on invalidation of the license;

d/ For the purpose of ensuring national defense or security, or national or public interests.

2. Pursuant to the provisions of Clause 1 of this Article, the competent licensing agency specified in Article 16 of this Decree may decide on the revocation of licenses.

Article 35.Examination and inspection

1. The Ministry of Agriculture and Rural Development shall examine and inspect the grant of and compliance with licenses for activities within the protection corridors of hydraulic structures nationwide.

2. Provincial-level People’s Committees shall examine and inspect the grant of and compliance with licenses for activities within the protection corridors of hydraulic structures in their localities.

Chapter V

IMPLEMENTATION PROVISIONS

Article 36.Effect

This Decree takes effect on July 1, 2018.

Article 37.Transitional provisions

1. Valid licenses for activities within the protection corridors of hydraulic structures granted before the effective date of this Decree may be used until their expiry dates.

2. For valid dossiers of application for licenses for discharge of wastewater into hydraulic structures submitted to the state management agencies in charge of water resources before the effective date of this Decree, the grant of licenses will comply with the law on water resources.

Article 38.Implementation responsibility

1. The Minister of Agriculture and Rural Development shall organize the implementation of this Decree.

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

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The appendices to this Decree are not translated.