Decree 40/2023/ND-CP amend Decree 67/2018/ND-CP detailing the Law on Hydraulic Work

DECREE

Amending and supplementing a number of articles of the Government’s Decree No.  67/2018/ND-CP of May 14, 2018, detailing a number of articles of the Law on Hydraulic Work^[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 to the June 19, 2017 Law on Hydraulic Work;

Pursuant to the November 17, 2020 Law on Environmental Protection;

Pursuant to the June 22, 2015 Law on Promulgation of Legal Documents; and the June 18, 2020 Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents;

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

The Government promulgates the Decree amending and supplementing a number of articles the Government’s Decree No. 67/2018/ND-CP of May 14, 2018, detailing a number of articles of the Law on Hydraulic Work.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 67/2018/ND-CP of May 14, 2018, detailing a number of articles of the Law on Hydraulic Work (which has a number of articles amended and supplemented under the Government’s Decree No. 08/2022/ND-CP of January 10, 2022, detailing a number of articles of the Law on Environmental Protection), below referred to as Decree No. 67/2018/ND-CP

1. To amend and supplement Article 4 as follows:

“Article 4. Classification of hydraulic structures

The hydraulic structures mentioned in Clause 2, Article 16 of the Law on Hydraulic Work shall be specifically classified as follows:

1. Dams and reservoirs shall be classified under Article 3 of the Government’s Decree No. 114/2018/ND-CP of September 4, 2018, on management of safety of dams and reservoirs.

2. Pump stations for drainage and pump stations for irrigation-cum-drainage:

a/ Big pump station is a pump station having the total water flow of 72,000m³/h or more;

b/ Medium pump station is a pump station having the total water flow of between 3,600m³/h and under 72.000m³/h;

c/ Small pump station is a pump station having the total water flow of under 3,600m3/h.

3. Pump stations for irrigation:

a/ Big pump station is a pump station having the total water flow of 12,000m³/h or more;

b/ Medium pump station is a pump station having the total water flow of between 2,000m³/h and under 12,000m³/h;

c/ Small pump station is a pump station having the total water flow of under 2.000m³/h.

4. Sluices:

a/ Big sluice is a sluice having the total clearance width of 20m or more, for the Mekong River delta; or 10m or more, for other regions.

b/ Medium sluice is a sluice having the total clearance width of between 3m and under 20m, for the Mekong River delta; or between 1.5m and under 10m, for other regions.

c/ Small sluice is a sluice having the total clearance width of under 3m, for the Mekong River delta; or under 1.5m, for other regions;

d/ Dam-crossing sluices shall be classified based on types of dams or reservoirs.

5. Systems for water drainage and irrigation-cum-drainage:

a/ Large canal, ditch, tunnel, siphon or gutter is a facility having:

The water flow of 50m³/s or more or the bottom width of 20m or more, for the Mekong River delta;

The water flow of 20m³/s or more or the bottom width of 10m or more, for other regions.

b/ Medium canal, ditch, tunnel, siphon or gutter is a facility having:

The water flow of between 3m³/s and under 50m³/s or the bottom width of between 5m and under 20m, for the Mekong River delta;

The water flow of between 1.5 m³/s and under 20m³/s or the bottom width of between 3m and under 10m, for other regions.

c/ Small canal, ditch, tunnel, siphon or gutter is a facility having:

The water flow of under 3m³/s or the bottom width of under 5m, for the Mekong River delta;

The water flow of under 1.5 m³/s or the bottom width of under 3m, for other regions.

6. Water supply and irrigation systems:

a/ Large canal, ditch, tunnel, siphon or gutter is a facility having:

The water flow of 20m³/s or more or the bottom width of 10m or more, for the Mekong River delta;

The water flow of 10m³/s or more or the bottom width of 5m or more, for other regions.

b/ Medium canal, ditch, tunnel, siphon or gutter is a facility having:

The water flow of between 1m³/s and under 20m³/s or the bottom width of between 1m and under 10m, for the Mekong River delta;

The water flow of between 0.5m³/s and under 10m³/s or the bottom width of between 0.5m and under 5m, for other regions.

c/ Small canal, ditch, tunnel, siphon or gutter is a facility having:

The water flow of under 1m³/s or the bottom width of under 1m, for the Mekong River delta;

The water flow of under 0.5m³/s of the bottom width of under 0.5m, for other regions.

7. Pipelines:

a/ Large pipeline is a pipeline having the capacity of 1.5m³/s or more or the inner diameter of 1,000mm or more;

b/ Medium pipeline is a pipeline having the capacity of between 0.025m³/s and under 1.5m³/s or with the inner diameter of between 100mm and under 1,000mm.

c/ Small pipeline is a pipeline having the capacity of under 0.025m³/s or the inner diameter of under 100mm.

8. Embankments:

a/ Large embankment is an embankment for protecting an area of 10,000ha or more;

b/ Medium embankment is an embankment for protecting an area of between 500ha and under 10,000ha;

c/ Small embankment is an embankment for protecting an area of under 500ha.

9. Hydraulic-structure systems:

a/ Large hydraulic-structure system is a system for irrigating a farmland area or draining water for a natural land area of 20,000 ha or more;

b/ Medium hydraulic-structure system is a system for irrigating a farmland area or draining water for a natural land area of between 2,000ha and under 20,000ha;

c/ Small hydraulic-structure system is a system for irrigating a farmland area or draining water for a natural land area of under 2,000ha.”

2. To amend and supplement Article 8 as follows:

“Article 8. Minimum requirements on capacity of organizations or individuals operating dams and reservoirs

1. For a particularly important dam or reservoir: There must be at least 7 engineers specialized in hydraulic work, at least 2 of whom have at least 5 years’ experience in dam and reservoir management and operation, and who have been trained in dam and reservoir management and operation.

2. For large dams and reservoirs:

a/ For a dam or reservoir having the storage capacity of 50,000,000m³ or more: There must be at least 5 engineers specialized in hydraulic work, at least 2 of whom have at least 5 years’ experience in dam and reservoir management and operation, and who have been trained in dam and reservoir management and operation;

b/ For a dam or reservoir having the storage capacity of between 10,000,000m³ and under 50,000,000m³: There must be at least 3 engineers specialized in hydraulic work, at least 1 of whom has at least 5 years’ experience in dam and reservoir management and operation, and who have been trained in dam and reservoir management and operation;

c/ For each of other big dams and reservoirs, except those specified at Points a and b of this Clause: There must be at least 2 engineers specialized in hydraulic work who have been trained in dam and reservoir management and operation.

3. For medium dams and reservoirs:

a/ For a dam or reservoir having the storage capacity of between 1,000,000m³ and under 3,000,000m³: There must be at least 1 engineer specialized in hydraulic work who has been trained in dam and reservoir management and operation;

b/ For each of other medium dams and reservoirs, except those specified at Point a of this Clause: There must be at least 1 person possessing college degree in hydraulic work who has having been trained in dam and reservoir management and operation.

4. For a small dam or reservoir: There must be at least 1 person possessing upper secondary degree or 1 grade-2 worker who has been trained in dam and reservoir management and operation.”

3. To amend and supplement Article 9 as follows:

“Article 9. Minimum requirements on capacity of organizations and individuals operating fixed electric pump stations

1. For big electric pump stations for drainage and irrigation-cum-drainage:

a/ For an electric pump station with pumps each having the capacity of 11,000m³/h or more: There must be at least 1 engineer specialized in hydraulic work and 1 engineer specialized in electrical engineering who have at least 3 years’ experience in pump station management and operation;

b/ For an electric pump station with pumps each having the capacity of between 8,000m³/h and under 11,000m³/h: There must be at least 1 engineer specialized in hydraulic work or electrical engineering who has at least 2 years’ experience in pump station management and operation;

c/ For an electric pump station with pumps each having the capacity of between 4,000m³/h and under 8,000m³/h: There must be at least 1 engineer specialized in hydraulic work or electrical engineering who has at least 1 year’s experience in pump station management and operation.

2. For medium electric pump stations for drainage and irrigation-cum-drainage:

a/ For an electric pump station with pumps each having the capacity of 11,000m³/h or more: There must be at least 1 person possessing college degree in hydraulic work or electrical engineering who has at least 3 years’ experience in pump station management and operation;

b/ For an electric pump station with pumps each having the capacity of between 8,000m³/h and under 11,000m³/h: There must be at least 2 persons possessing intermediate degree in hydraulic work or electrical engineering who have at least 3 years’ experience in pump station management and operation;

c/ For an electric pump station with pumps each having the capacity of between 4,000m³/h and under 8,000m³/h: There must be at least 2 persons possessing intermediate degree in hydraulic work or electrical engineering who have at least 3 years’ experience in pump station management and operation;

d/ For an electric pump station with pumps each having the capacity of between 1,000m³/h and under 4,000m³/h: There must be at least 1 person possessing intermediate degree in hydraulic work or electrical engineering who has at least 3 years’ experience in pump station management and operation.

3. For small electric pump stations for drainage and irrigation-cum-drainage:

a/ For a pump station with pumps each having the capacity of between 1,000m³/h and under 4,000m³/h: There must be at least 1 worker specialized in hydraulic work or electrical engineering who has at least 2 years’ experience in pump station management and operation;

b/ For a pump station with pumps each having the capacity of between 540m³/h and under 1,000m³/h: There must be at least 1 operator possessing lower secondary degree who has at least 1 year’s experience in pump station management and operation.

4. For electric pump stations for irrigation:

a/ For big pump stations for irrigation each having the total water flow of 72,000m³/h or more, Clause 1 of this Article shall apply;

b/ For big pump stations for irrigation each having the total water flow of between 12,000m³/h and under 72,000m³/h and medium pump stations for irrigation each having the total water flow of between 3,600m³/h and under 12,000m³/h, Clause 2 of this Article shall apply;

c/ For medium pump stations for irrigation each having the total water flow of under 3,600m³/h and small pump stations for irrigation, Clause 3 of this Article shall apply.

5. In addition to the required number of personnel specified in Clauses 1, 2, 3 and 4 of this Article, the required number of other workers for each pump station shall be determined based on the techno-economic norms approved by competent authorities.”

4. To amend and supplement Article 11 as follows:

“Article 11. Training in management and operation of hydraulic structures

1. Training institutions with appropriate functions, tasks and capacity may organize training, retraining and further training courses to raise professional capacity and skills for persons engaged in management and operation of hydraulic structures and dam management.

2. The Ministry of Agriculture and Rural Development shall formulate and issue training and further training programs and plans for persons engaged in management and operation of hydraulic structures and dam management for use as a basis for training institutions and localities to organize the implementation thereof.”

5. To amend and supplement Clause 3, Article 12 as follows:

“3. For organizations assigned to operate different key facilities, persons engaged in management and operation may work as part-timers but shall comply with the labor law’s provisions on working time and rest time and must be fully capable of operating facilities assigned to them.”

6. To amend and supplement Article 14 as follows:

“Article 14. Licensing principles

1. To ensure safety for hydraulic structures and licensed facilities, and protect quality of water in hydraulic structures; to ensure that no impacts will be exerted on hydraulic structures, and guarantee the interests of the State and lawful rights and interests of related organizations and individuals; to ensure adherence to the principles of multi-purpose use of hydraulic structures/facilities, integrated land use, and management, exploitation and protection of water resources in accordance with the Law on Hydraulic Work, Land Law, Law on Water Resources and other relevant laws.

2. To comply with the law-specified competence, subjects and order and procedures.

3. For various activities under the same project invested by an organization/individual from the stage of construction to the stage of operation and use, which are to be licensed by one agency, one license shall be granted.

4. Licenses are not required for projects on maintenance, repair, upgrading, modernization of, or addition of items to, existing hydraulic structures with investment policy decided by owners of hydraulic structures.”

7. To amend and supplement Article 15 as follows:

“Article 15. Grounds for licensing

The licensing of activities within the scope of protection of a hydraulic structure shall be based on:

1. Tasks and current status of the hydraulic structure.

2. The master plan on hydraulic work approved by a competent authority; in the absence of such master plan, the licensing shall be based on the design of the hydraulic structure, which must not affect the safety and operation of the hydraulic structure.

3. The applicant’s compliance with the granted license.”

8. To amend and supplement Article 16 as follows:

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

1. The Ministry of Agriculture and Rural Development may grant, re-grant, extend, modify, suspend and revoke licenses for activities specified in Clauses 1, 3, 9 and 10, Article 13 of this Decree within the scope of protection of the hydraulic structures under its management.

2. 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 within the scope of protection of the hydraulic structures in localities, except the cases specified in Clause 1 of this Article.”

9. To amend and supplement Article 22 as follows:

“Article 22. Dossiers of application for licenses mentioned in Clauses 1, 2, 3, 5, 6, 7, 8, 9 and 10, Article 13 of this Decree

An applicant for a license shall submit one dossier by hand-delivery or by post or via the cyber environment to a dossier-receiving agency specified in Article 17 of this Decree. Such a dossier must comprise:

1. An application for a license, made according to Form No. 01 provided in Appendix III to this Decree.

2. A sketch of the location of the area where the to-be-licensed activities will be carried out.

3. A report on assessment of impacts of activities on the management, operation and safety of the hydraulic structure.

4. Papers stating opinions of the organizations/individuals exploiting the hydraulic structure on impacts of the activities on their management, operation and safety of the hydraulic structure.

5. Copies of registration certificates of road motor vehicles and inland waterway vehicles for the activities specified in Clause 7, Article 13 of this Decree.

6. A copy of the blasting license, for the activities specified in Clause 9, Article 13 of this Decree.

7. For an investment project to be implemented within the scope of protection of a hydraulic structure, a dossier of application for a license must additionally comprise:

a/ A copy of the establishment decision or enterprise registration certificate;

b/ Copies of decisions approving the relevant master plan, investment policy and investment project;

c/ A copy of the report on environmental impact assessment or environmental protection plan approved by a competent agency in accordance with the law on environmental protection;

d/ A copy of the notice of appraisal of the base design and design drawing of the project;

dd/ A working drawing of the approved technical design, for the cases specified in Clauses 1, 2, 3 and 10, Article 13 of this Decree.”

10. To amend and supplement Article 28 as follows:

“Article 28. Dossiers of request for extension and modification of licenses

An organization/individual requesting extension or modification of its/his/her license shall submit 1 dossier by hand-delivery, by post or via the cyber environment to a dossier-receiving agency specified in Article 17 of this Decree. Such a dossier must comprise:

1. A request for extension or modification of a license, made according to Form No. 02 provided in Appendix III to this Decree.

2. A sketch of the location of the area where activities under the extended or modified license will be carried out.

3. A report on the requester’s compliance with the granted license.

4. Papers stating opinions of the organization/individual exploiting the hydraulic structure on its/his/her compliance with the granted license.

5. For an investment project to be implemented within the scope of protection of a hydraulic structure, a dossier for extension or modification of a license must additionally comprise:

a/ A copy of the establishment decision or enterprise registration certificate (updated to the time of request for license extension or modification);

b/ In case of any change in scale, capacity or major specifications of licensed activities, the dossier must additionally comprise copies of decisions approving the adjustment and supplementation of the relevant master plan, investment policy and investment project; a copy of the report on environmental impact assessment or environmental protection plan; and a copy of the notice of appraisal of the base design, and design drawings of the adjusted project.”

11. To amend and supplement Clause 3, Article 29 as follows:

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

Within 15 working days after receiving a complete and valid dossier, an agency competent to grant licenses shall appraise the dossier and grant an extended or modified license if the dossier is qualified, or notify the reason for its refusal to grant such a license if the dossier is unqualified.

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, an agency competent to grant licenses shall appraise the dossier and grant an extended or modified license if the dossier is qualified, or notify the reason for its refusal to grant such a license if the dossier is unqualified.

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, an agency competent to grant licenses shall appraise the dossier and grant an extended or modified license if the dossier is qualified, or notify the reason for its refusal to grant such a license if the dossier is unqualified.”

12. To amend and supplement Article 30 as follows:

“Article 30. Re-grant of licenses

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

a/ It is lost, torn or damaged;

b/ The licensee’s name is changed due to transfer, merger, splitting or reorganization.

2. A dossier for re-grant of a license must comprise:

a/ A request for re-grant of a license, made according to Form No. 03 provided in Appendix III to this Decree, for the case specified at Point a, Clause 1 of this Article;

b/ A request for re-grant of a license, made according to Form No. 03 provided in Appendix III to this Decree; a copy of the enterprise registration certificate; and copies of decisions issued by competent agencies on change of the enterprise’s name as a result of transfer, merger, splitting or reorganization. for the case specified at Point b, Clause 1 of this Article.

3. Oder and procedures for re-grant of a license:

a/ For the case specified in Clause 1 of this Article: Organizations/individuals shall submit 1 dossier by hand-delivery, by post or via the cyber environment to a dossier-receiving agency specified in Article 17 of this Decree.

b/ Within 3 working days after receiving the dossier, an agency competent to grant licenses shall appraise the dossier and re-grant a license if the dossier is qualified, or return the dossier and issue a notice stating the reason for its refusal to re-grant a license if the dossier is unqualified.

4. The validity period stated in a re-granted license is the remaining validity period of the granted license.”

Article 2. To supplement, replace or annul a number of provisions of the Government’s Decree No.  67/2018/ND-CP of May 14, 2018, detailing a number of articles of the Law on Hydraulic Work

1. To replace the phrase “sluices under dikes” in Clause 1, Article 10 with the phrase “dike-crossing sluices”; to replace the phrase “sluices for preventing seawater intrusion for big rivers” in Clause 1, Article 10 with the phrases “big sluices for preventing seawater intrusion for rivers”; to replace the phrase “General Department of Hydraulic Work” in Clause 1, Article 17 with the phrase “Department of Hydraulic Work”.

2. To annul the phrase “and possess a certificate of training in management and operation of hydraulic structures” in Clause 2, Article 10.

3. To annul Articles 24, 25, 26 and 27.

4. To add Form No. 03 “Request for re-grant of a license for carrying out activities within the scope of protection of hydraulic structures” provided in the Appendix to this Decree to below Form No. 02 provided in Appendix III to Decree No. 67/2018/ND-CP.

Article 3. Responsibility for organization of implementation

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

Article 4. Implementation provisions

1. This Decree takes effect on August 15, 2023.

2. Transitional provisions

a/ Dossiers for grant, re-grant, extension or modification of licenses for the activities within the scope of protection of hydraulic structures which are submitted by organizations/individuals before the effective date of this Decree will continue to be considered and processed under Decree No.  67/2018/ND-CP.

b/ The Ministry of Agriculture and Rural Development and provincial-level People’s Committees shall completely arrange and consolidate entities exploiting hydraulic structures in accordance with the Law on Hydraulic Work within 5 years after this Decree takes effect.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN LUU QUANG

* The Appendix to this Decree is not translated.