Vietnam: Latest guidance on procedures for exchange of hydrometeorological data for international organizations and foreign organizations and individuals

Recently, the Government of Vietnam issued Decree No. 48/2020/NĐ-CP amending a number of Articles of Decree No. 38/2016/NĐ-CP dated May 15, 2016 of detailing a number of Articles of the Law on Hydrometeorology.

According to Clause 11 Article 1 of Decree No. 48/2020/NĐ-CP of Vietnam’s Government, procedures and reporting regime for exchange of hydrometeorological or climate change monitoring information and data for international organizations and foreign organizations and individuals are specified as follows:

trinh tu trao doi du lieu khi tuong voi quoc te, 48/2020/NĐ-CP

Step 1: Any regulatory body, organization or individual that wishes to exchange hydrometeorological or climate change monitoring information/data with an international organization or a foreign organization or individual must submit an application with the following contents to the Ministry of Natural Resources and Environment directly or by post:

-  Name and address of the applicant and certified true copies or copies enclosed with their authentic copies of proof of legal status (for regulatory bodies and organizations) or proof of identity (for individuals) according to regulations of civil laws;

- Purpose of information/data exchange with the international organization or foreign organization or individual;

- Type and quantity of information/data exchanged with the international organization or foreign organization or individual;

- Name and address of the international organization or foreign organization or individual with which information/data is exchanged;

- Time of information/data exchange;

- Method for information/data exchange;

- Time limit for information/data exchange.

Step 2: Within 15 working days, the Ministry of Natural Resources and Environment shall process the application and give the final decision using Form No. 07 of the Appendix enclosed with Decree No. 38/2016/NĐ-CP. The Ministry of Natural Resources and Environment shall provide a written explanation if it rejects the application.

Step 3: Within 10 days from the date the information/data exchange with the international organization or foreign organization or individual is completed, the regulatory body, organization or individual shall submit a report on the exchange to the Ministry of Natural Resources and Environment; if the exchange lasts for more than 01 year, before January 15 of every year, a report on the previous year’s exchange must be submitted. The reports shall be prepared using Form No. 08 of the Appendix enclosed with Decree No. 38/2016/NĐ-CP.

Note: Hydrometeorological information and data considered state secrets shall be exchanged in accordance with regulations of laws on state secret protection.

View more details at Decree No. 48/2020/NĐ-CP of Vietnam’s Government, effective from June 01, 2020.

Thu Ba

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