Amendments to license bases for activities to be carried out within the safety perimeters of irrigation works in Vietnam

Amendments to license bases for activities to be carried out within the safety perimeters of irrigation works in Vietnam

Granting licenses or permits for activities to be carried out within the safety perimeters of irrigation works shall be based on the followings:

- Functions and current conditions of irrigation projects.

- Irrigation planning approved by a competent authority. In the absence of the approved planning, rely on designs of irrigation works on condition that safety and normal operation of irrigation works are guaranteed.

- Compliance with regulations in the issued licenses/permits by the applicants for license/permit renewal.

(Currently, Decree 67/2018/ND-CP stipulates 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.

Amendments of the authority to issue licenses to carry out activities to be carried out within the safety perimeters of irrigation works in Vietnam

Specifically, Decree 40/2023/ND-CP amends regulations on the authority to issue permits for activities within the protection scope of irrigation works as follows:

- The Ministry of Agriculture and Rural Development shall be accorded authority to issue, reissue, renew, revise, suspend or revoke licenses or permits for the activities specified in clauses 1, 3, 9 and 10 of Article 13 of Decree 67/2018/ND-CP within the safety perimeters of works under its management.

- Provincial People’s Committee shall be accorded authority to issue, reissue, renew, revise, suspend or revoke licenses or permits for the activities specified in Article 13 of Decree 67/2018/ND-CP within the safety perimeters of works within their provinces, except for the case mentioned in clause 1 of Article 16 of Decree 67/2018/ND-CP.”

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

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