Issuing Circular 04/2024/TT-BTNMT 2024 Regulating the Inspection of Compliance with the Law on Water Resources
Promulgation of Circular 04/2024/TT-BTNMT 2024 regulating the inspection of compliance with water resource laws
On May 16, 2024, the Minister of Natural Resources and Environment issued Circular 04/2024/TT-BTNMT regulating the inspection of compliance with water resource laws and the appraisal, acceptance of the results of basic water resource investigation activities.
Circular 04/2024/TT-BTNMT details the implementation of Clause 1, Article 9 of the Water Resource Law 2023 regarding the appraisal and acceptance of the results of basic water resource investigation activities according to projects, schemes using state budget funds and Clause 5, Article 83 of the Water Resource Law 2023 regarding the inspection of compliance with water resource laws.
The following activities are not within the scope of Circular 04/2024/TT-BTNMT:
- Activities to check prevention, detection, and combating of violations of water resource laws by the People's Police force;
- Appraisal and approval of project outlines; appraisal and acceptance of work items during project implementation; appraisal and approval of project settlements; construction verification, machinery, and measurement, observation equipment related to water resources.
Promulgation of Circular 04/2024/TT-BTNMT 2024 regulating the inspection of compliance with water resource laws (Photo from internet)
What are the principles for inspecting compliance with water resource laws?
Article 5 of Circular 04/2024/TT-BTNMT stipulates the principles for inspecting compliance with water resource laws as follows:
- Compliance with the law; democratic, public, transparent, and objective; correct authority, procedures, promptly, and accurately.
- Implementation according to the inspection plan; as directed by competent authorities or upon detecting signs of violations.
- Focus, avoid overlaps and duplication regarding scope, time, and subjects with inspection activities in the same field; not hinder the normal activities of the inspected subjects.
When will there be sudden inspections for compliance with water resource laws?
Article 6 of Circular 04/2024/TT-BTNMT stipulates the forms and contents of inspections for compliance with water resource laws as follows:
Forms and contents of inspections
- Planned inspections are conducted according to approved inspection plans. The inspection plan includes inspection plans of the Ministries: Natural Resources and Environment, Agriculture and Rural Development, Industry and Trade, Construction, Health, and inspection plans of Provincial People's Committees.
2. Sudden inspections are conducted when there is one of the following grounds:
a) As directed by competent state management agencies;
b) Detecting organizations or individuals with signs of violating water resource laws through information, monitoring, reporting data from organizations or individuals, including: information, monitoring data from the National Water Resource Information, Database System; monitoring and operating systems of reservoirs by the management agencies; periodic reports on the exploitation and use of water resources by organizations or individuals; information and data obtained during the appraisal process of application files for granting, extending, adjusting, re-granting licenses for water resource exploitation, groundwater drilling, groundwater exploration, and files for declaration, adjustment of water resource exploitation fees or during the process of receiving declarations, registration for water resource exploitation and use and other information sources from competent management agencies;
c) Detecting signs of violations causing degradation, depletion, pollution of water sources; land subsidence, sudden and abnormal artificial floods seriously affecting production and living activities of the people;
d) Reflections, recommendations from relevant agencies, organizations, individuals, media, and other information sources.
- Within the scope of their duties and powers, the Ministries, Provincial People's Committees specified in Clause 1 of this Article determine the inspection contents in the annual inspection plan in accordance with the provisions of the Water Resource Law.
Thus, sudden inspections for compliance with water resource laws are conducted when:
- Directed by competent state management agencies;
- Detecting organizations or individuals with signs of violating water resource laws through information, monitoring, reporting data from organizations or individuals, including:
+ Information, monitoring data from the National Water Resource Information, Database System; monitoring and operating systems of reservoirs by the management agencies; periodic reports on the exploitation and use of water resources by organizations or individuals;
+ Information and data obtained during the appraisal process of application files for granting, extending, adjusting, re-granting licenses for water resource exploitation, groundwater drilling, groundwater exploration, and files for declaration, adjustment of water resource exploitation fees or during the process of receiving declarations, registration for water resource exploitation and use and other information sources from competent management agencies;
- Detecting signs of violations causing degradation, depletion, pollution of water sources; land subsidence, sudden and abnormal artificial floods seriously affecting production and living activities of the people;
- Reflections, recommendations from relevant agencies, organizations, individuals, media, and other information sources.
Sincerely!
