Amendments to bases for granting licenses for activities to be carried out within the protected areas of hydraulic or irrigation projects in Vietnam

14:23, 28/06/2023

Amendments to bases for granting licenses for activities to be carried out within the protected areas of hydraulic or irrigation projects in Vietnam are notable points specified in Decree 40/2023/ND-CP.

Amendments to bases for granting licenses for activities to be carried out within the protected areas of hydraulic or irrigation projects in Vietnam (Internet image)

On June 27, 2023, the Government of Vietnam issued Decree 40/2023/ND-CP amending a number of articles of Decree 67/2018/ND-CP that elaborates on several Articles of the Law on Irrigation.

1. Amendments to bases for granting licenses or permits for activities to be carried out within the protected areas of hydraulic or irrigation projects in Vietnam

The basis for granting licenses or permits for activities to be carried out within the protected areas of hydraulic or irrigation projects according to Article 15 of Decree 67/2018/ND-CP as amended in Decree 40/2023/ND-CP is as follows:

- Tasks and current status of irrigation works.

- Irrigation planning approved by competent authorities; in case there is no approved irrigation plan, it shall be based on the design of the irrigation work and ensure that it does not affect the safety and operation of the irrigation works.

- The implementation of the provisions in the granted license by the organization or individual requesting the extension of the license.

Currently, according to Article 15 of Decree 67/2018/ND-CP (amended in Decree 08/2022/ND-CP), granting licenses or permits for activities to be carried out within the protected areas of hydraulic or irrigation projects shall be based on the followings:

- Functions of each project;

- Design documentation and current status of each project;

- Irrigation and hydraulic planning schemes approved by competent authorities. In the absence of the approved plans, licenses or permits shall be granted according to designs of irrigation and hydraulic projects on condition that safety and normal operation of irrigation and hydraulic projects are guaranteed.

2. Amendments to the authority to issue, reissue, renew, revise, suspend, terminate or revoke permits or licenses to carry out activities within the protected areas of hydraulic and irrigation projects and structures in Vietnam

Authority to issue, reissue, renew, revise, suspend, terminate or revoke permits or licenses to carry out activities within the protected areas of hydraulic and irrigation projects and structures in Vietnam according to Article 16 of Decree 67/2018/ND-CP as amended in Decree 40/2023/ND-CP as follows:

- The Ministry of Agriculture and Rural Development shall grant, re-grant, extend, adjust, suspend and revoke permits for the activities specified in Clauses 1, 3, 9, 9, 10, Article 13 of Decree 08/2022/ND-CP within the scope of protection of works managed by the ministry.

- Provincial People's Committees grant, re-grant, extend, adjust, suspend, and revoke permits for activities specified in Article 13 of Decree 08/2022/ND-CP within the scope of protection of irrigation works in the locality, except for the case specified in Clause 1, Article 16 of Decree 08/2022/ND-CP.

The authority to issue, reissue, renew, revise, suspend, terminate or revoke permits or licenses to carry out activities within the protected areas of hydraulic and irrigation projects and structures in Vietnam is specified in Article 16 of Decree 67/2018/ND-CP (amended in Decree 08/2022/ND-CP) as follows:

- For irrigation and hydraulic projects of critical importance or irrigation and hydraulic projects, operation and protection thereof involve at least two provinces:

+ MONRE shall issue, re-issue, extend, adjust, suspend and revoke licenses for the activities specified in clause 1, clause 2, clause 3, clause 6, clause 9, clause 10 of Article 13 of Decree 67/2018/ND-CP within the safety perimeters of works under its management;

+ Provincial People's Committees shall be accorded authority to issue, reissue, renew, Article 16 of Decree 67/2018/ND-CP. Authority to issue, reissue, renew, revise, suspend, terminate or revoke permits or licenses to carry out activities referred to in Article 13 of Decree 67/2018/ND-CP, except the cases specified in point a of this clause.

- For other irrigation and hydraulic projects:

Provincial People's Committees shall be accorded authority to issue, reissue, renew, revise, suspend, terminate or revoke permits or licenses to carry out activities referred to in Article 13 of Decree 67/2018/ND-CP.

More details can be found in Decree 40/2023/ND-CP effective from 15/8/2023.

Ho Quoc Tuan

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