What documents are required for the application for renewal or modification of the content of the water well drilling business license from September 14, 2023 in Vietnam?

What documents are required for the application for renewal or modification of the content of the water well drilling business license from September 14, 2023 in Vietnam?

On September 14, 2023, the Minister of Natural Resources and Environment issued Circular 09/2023/TT-BTNMT on amending some provisions of the circulars related to the submission, presentation of the Household Registration Book and related documents when implementing administrative procedures, providing public services in the field of water resources.

As prescribed in the Clause 1 Article 14 of Circular 40/2014/TT-BTNMT (amended by Clause 4.c, Article 1 of Circular 11/2022/TT-BTNMT and Clause 2, Article 1 of Circular 09/2023/TT-BTNMT), the following documents are required for the application for renewal or modification of the content of the water well drilling business license:

(1) Application for renewal or modification of the content of the water well drilling business license;

(2) Summary of water well drilling projects implemented by organizations and individuals during the period of use of the issued license;

(3) For the case of applying for a license extension with a change of the technical responsible person, in addition to the above documents, the application for a license extension shall also include:

- A certified copy or a photocopy confirmed by the issuing authority of diplomas, certificates of the technical responsible person in accordance with the law and a labor contract for the case of organizations and individuals applying for a labor contract with the technical responsible person; if only a photocopy is available, it must be accompanied by the original for comparison.

- A declaration of professional experience in water well drilling activities of the technical responsible person;

(4) For the case of applying for a modification of the content of the license, in addition to the documents at (1), (2), the application for a modification of the content of the license shall also include documents proving the conditions of capacity to meet the scope of practice according to regulations (for the case of applying for a modification of the scope of practice).

In what cases is a water well drilling business license in Vietnam reissued?

Pursuant to Article 15 of the Circular 40/2014/TT-BTNMT stipulating reissuance of license as follows:

Reissuance of license

1. The license is reissued in the following cases and conditions:

a) Lost;

b) Tattered, damaged, unusable;

c) At the time of submitting the application for a reissued license, the license that has been issued is still valid for at least forty-five (45) days.

2. The dossier for applying for a reissued water well drilling business license includes:

a) A written request for a reissued water well drilling business license (in accordance with Form 07 attached to this Circular);

b) Documents proving the reason for applying for a reissued license.

3. Submission of dossiers:

The submission of dossiers for applying for a reissued water well drilling business license shall be carried out in accordance with the provisions of Clause 2, Article 13 of this Circular.

...

Therefore, a water well drilling business license is reissued in the following cases:

- Lost;

- Tattered, damaged, unusable;

- At the time of submitting the application for a reissued license, the license that has been issued is still valid for at least forty-five (45) days.

When is a water well drilling business license in Vietnam revoked?

Pursuant to Article 10 of the Circular 40/2014/TT-BTNMT stipulating suspension and revocation of license as follows:

Suspension and revocation of the license

1. Suspension of the license shall be carried out as follows:

a) The license shall be suspended when the license holder violates the provisions of the license causing subsidence, deformation of structures or serious pollution and depletion of water sources.

b) The period of suspension of the license shall not exceed three (3) months.

c) During the period of suspension of the license, the license holder shall not have any rights related to the license and shall take measures to remedy the consequences and compensate for damages (if any) in accordance with the law.

d) When the period of suspension of the license expires and the licensing authority does not make another decision, the license holder shall continue to exercise his/her rights and obligations.

2. Revocation of the license shall be carried out in the following cases:

a) The license holder is found to have forged documents, made false declarations of the contents in the application for the license or tampered with the contents of the license.

b) The organization that is the license holder is dissolved or declared bankrupt by the court.

c) The license holder violates the decision to suspend the validity of the license, repeatedly or repeatedly violates the provisions of the license.

d) The license was issued without proper authority.

d) The license has been issued but the license holder has not fulfilled the financial obligations and has not received the license.

...

Therefore, a water well drilling business license is revoked when:

- The license holder is found to have forged documents, made false declarations of the contents in the application for the license or tampered with the contents of the license.

- The organization that is the license holder is dissolved or declared bankrupt by the court.

- The license holder violates the decision to suspend the validity of the license, repeatedly or repeatedly violates the provisions of the license.

- The license was issued without proper authority.

- The license has been issued but the license holder has not fulfilled the financial obligations and has not received the license.

Best regards!