Procedures for appraisal and acceptance of results of baseline survey of water resources in Vietnam as of July 1, 2024

Procedures for appraisal and acceptance of results of baseline survey of water resources in Vietnam as of July 1, 2024 (Internet image)

Regarding this matter, LawNet would like to answer as follows:

On May 16, 2024, the Minister of Natural Resources and Environment issued Circular 04/2024/TT-BTNMT on audit of compliance with laws on water resources and appraisal and acceptance of results of baseline survey of water resources in Vietnam.

Subject matters for appraisal and acceptance of results of baseline survey of water resources in Vietnam

Subject matters for appraisal and acceptance of results of baseline survey of water resources as of Circular 04/2024/TT-BTNMT include: 

- Results of baseline survey of water resources specified in Clause 3, Article 9 of the Law on Water Resources 2023 funded by state budget and led by the Ministry of Natural Resources and Environment or the Provincial People's Committee.

- Results of baseline survey of water resources in other related projects funded by state budget and led by the Ministry of Natural Resources and Environment or the Provincial People's Committee.

(Article 20 of Circular 04/2024/TT-BTNMT)

Procedures for appraisal and acceptance of results of baseline survey of water resources in Vietnam

Procedures for appraisal and acceptance of results of baseline survey of water resources in Vietnam are as follows:

(1) Receive and verify appraisal and acceptance applications:

The appraisal and acceptance agency specified in Article 21 of Circular 04/2024/TT-BTNMT shall receive and verify the completeness and validity of appraisal and acceptance applications.. Required documents in an appraisal and acceptance application are specified in Article 25 of Circular 04/2024/TT-BTNMT.

In case the application is incomplete or invalid, the appraisal and acceptance agency shall issue a written request to supplement the application and clearly notify the project executing agency of the reason for supplementation and completion.  In case the application is complete and valid, the appraisal and acceptance agency shall conduct appraisal and acceptance according to (2), (3), (4) and (5).

(2)  Conduct appraisal and acceptance:

- For the form set out in Clause 1, Article 22 of Circular 04/2024/TT-BTNMT, the appraisal and acceptance agency shall decide to establish an appraisal and acceptance council using Form No. 12 issued together with Circular 04/2024/TT-BTNMT.

The composition of the appraisal and acceptance council includes: Chairperson of the council, Vice chairperson of the council, Secretary and a number of members of relevant functional units, experts with appropriate expertise (if necessary).

A meeting of the appraisal and acceptance council shall only be convened if at least it is attended by at least 2/3 (two-thirds) of the council members, including the chairperson or vice chairperson of the council and at least 01 (one) review member. Council members gave their opinions about appraisal and acceptance according to Form No. 13 issued with Circular 04/2024/TT-BTNMT.

The appraisal and acceptance council meetings are convened in the form of face-to-face, online or a combination of face-to-face and online.

At the end of the meeting, a meeting minutes must be made according to Form No. 14 issued with Circular 04/2024/TT-BTNMT. The appraisal and acceptance agency shall send a written request to the project executing agency to supplement and complete the application according to the meeting minutes of the appraisal and acceptance council;

- For the form set out in Clause 2, Article 22 of Circular 04/2024/TT-BTNMT, the appraisal agency shall conduct the appraisal according to the contents specified in Points a and b, Clause 1, Article 24 of Circular 04/2024/TT-BTNMT and send the appraisal result report according to Form No. 15 issued with Circular 04/2024/TT-BTNMT to the appraisal and acceptance agency to review and accept the results of baseline survey of water resources.

The appraisal and acceptance agency shall send a written request to the project executing agency to supplement and complete the application according to the appraisal result report of the appraisal agency;

- For the form set out in Clause 3, Article 22 of Circular 04/2024/TT-BTNMT, the appraisal and acceptance agency shall consolidate appraisal opinions of specialized agencies and relevant experts, and then forward it to the project executing agency to supplement and complete the application;

- During the process of appraisal and acceptance (if necessary), the appraisal and acceptance agency shall consult with the Department of Natural Resources and Environment where the project is located if the project is led by the Ministry of Natural Resources and Environment; consult with the Department of Water Resources Management if the project is led by the Provincial People's Committee.

(3) The project executing agency shall supplement and complete the application as prescribed in Clause 2 of Article 23 of Circular 04/2024/TT-BTNMT and send it to the appraisal and acceptance agency for reviewing and accepting the project.

In case the application has not been supplemented or completed according to appraisal opinions, the appraisal and acceptance agency shall send a written request to the project executing agency to continue supplementing and completing the application.

In case the application meets the conditions for acceptance of the results, the appraisal and acceptance agency shall issue a record according to Form No. 16 issued with Circular 04/2024/TT-BTNMT.

(4) The appraisal and acceptance agency of the project shall send the appraisal and acceptance results to the project executing agency of baseline survey of water resources to direct the appraisal of and approval for the results and finalization of the completed project, and to the project executing agency. Documentation of appraisal and acceptance results includes:

- Decision on establishment of an appraisal and acceptance council or document on assignment of appraisal tasks to affiliated units or contract to hire an appraisal consultant in accordance with law;

- Minutes of the appraisal council meeting or appraisal report of the appraisal agency or summary of appraisal opinions of specialized agencies and experts;

- Minutes of acceptance of project results between the appraisal and acceptance agency and the project executing agency;

- Other relevant documents (if any).

(5) On-site survey and verification

During the appraisal process, if the information and data provided are unclear or contradictory, the appraisal and acceptance agency shall conduct an on-site survey and verification as follows:

- The appraisal and acceptance agency shall issue a decision to establish an on-site survey and verification team.

The team establishment decision includes the following contents: team composition, survey content, time, and location. Team members include: representatives of appraisal and acceptance agency; representative members of the appraisal and acceptance council for the case specified in Clause 1, Article 22, or representative of the appraisal agency for the case specified in Clause 2, Article 22, or representatives of specialized agencies, experts for the case specified in Clause 3, Article 22 of Circular 04/2024/TT-BTNMT; representative of the project executing agency and other members decided by the appraisal and acceptance agency;

- Conduct on-site survey and verification according to the contents specified in Point c, Clause 1, Article 24 of Circular 04/2024/TT-BTNMT;

- At the end of the on-site survey and verification process, make a record according to Form No. 17 issued with Circular 04/2024/TT-BTNMT.

(6) Based on the application for appraisal and acceptance of project results, the appraisal and acceptance agency shall decide the appraisal and acceptance time, which must be consistent with the scope and nature of the project, with the estimated plan and progress of acceptance and finalization of the project according to regulations.

(Article 23 of Circular 04/2024/TT-BTNMT)

More details can be found in Circular 04/2024/TT-BTNMT, which comes into force from July 1, 2024.

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