Integrated document No. 09/VBHN-BNNPTNT dated October 25, 2023 Decree on elaboration of some Articles of Law on Irrigation

DECREE

ELABORATION OF SOME ARTICLES OF LAW ON IRRIGATION

Government's Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on Irrigation, which comes into force from July 01, 2018 is amended by:

Government’s Decree No. 08/2022/ND-CP dated January 10, 2022 on elaboration of some Articles of the Law on Environmental Protection, which comes into force from January 10, 2022; 

Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on Irrigation, which comes into force from August 15, 2023. 

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Irrigation dated June 19, 2017;

At the request of the Minister of Agriculture and Rural Development;

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Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for categorization and grading of hydraulic works, irrigation or water resource management projects; capacity of irrigation and water resource project operators; authority over, procedures and processes for issuance, re-issuance, renewal, modification, suspension and revocation of permits or licenses for trade or business within the protected areas of hydraulic, irrigation or water resource management projects or structures.

Article 2. Regulated entities

This Decree applies to Vietnamese entities and persons; foreign entities and persons participating in hydraulic or irrigation-related activities within the territory of the Socialist Republic of Vietnam.

Article 3. Definition of terms

In this Decree, the terms below are construed as follows:

1. “System of irrigation works” refers to a system composed of irrigation works or projects directly related to each other in terms of operation and protection thereof in a particular region.

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3. “Dam” refers to a structure built to raise water level or connected with other facilities to create a reservoir.

4. “Embankment” refers to a construction work used for segmenting and retaining water to protect a particular area.

5.[2] (Annulled)

Chapter II

CATEGORIZATION AND GRADING OF IRRIGATION AND HYDRAULIC PROJECTS

Article 4. Categorization of irrigation projects [3]

Irrigation projects specified in Clause 2 of Article 16 in the Law on Irrigation are categorized specifically as follows:

1. Dams and reservoirs are categorized as prescribed in Article 3 of the Government’s Decree No. 114/2018/ND-CP dated September 04, 2018 on dam and reservoir safety management.

2. Drainage pumping stations and dual-purpose pumping stations for irrigation and drainage:

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b) A pumping station is categorized as a medium pumping station when it has total capacity ranging from 3.600 m3/h to under 72.000 m3/h;

c) A pumping station is categorized as a small pumping station when it has total capacity of less than 3.600 m3/h.

3. Irrigation pumping stations:

a) A pumping station is categorized as a large pumping station when it has the minimum total capacity of 12.000 m3/h or more;

b) A pumping station is categorized as a medium pumping station when it has total capacity ranging from 2.000 m3/h to less than 12.000 m3/h;

c) A pumping station is categorized as a small pumping station when it has total capacity of less than 2.000 m3/h.

4. Culverts:

a) A culvert is categorized as a large one if its floodgate has total width of:

at least 20 m in the Mekong Delta;

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b) A culvert is categorized as a medium one if its floodgate has total width ranging:

between 3 m and less than 20 m in the Mekong Delta;

between 1,5 m and less than 10 m in other regions;

c) A culvert is categorized as a small one if its floodgate has total width of:

less than 3 m in the Mekong Delta;

less than 1,5 m in other regions.

d) Dam culverts are categorized by type of dam or reservoir.

5. Drainage systems, irrigation systems, drainage and irrigation systems, including:

a) Any large irrigation canal, ditch, flume, watercourse, tunnel, siphon or canal bridge that has:

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the minimum carrying capacity of at least 20 m3/s or the minimum bed width of at least 10 m in other regions.

b) Any medium irrigation canal, ditch, flume, watercourse, tunnel, siphon or canal bridge that has:

the minimum carrying capacity ranging from 3 m3/s to less than 50 m3/s or the minimum bed width ranging from 5 m to less than 20 m in the Mekong Delta;

the minimum carrying capacity ranging from 1,5 m3/s to less than 20 m3/s or the minimum bed width ranging from 3 m to less than 10 m in other regions.

c) Any small irrigation canal, ditch, flume, watercourse, tunnel, siphon or canal bridge that has:

the minimum carrying capacity of less than 3 m3/s or the minimum bed width of less than 5 m in the Mekong Delta;

the carrying capacity of less than 1,5 m3/s or the bed width of less than 3 m in other regions.

6. Water supply and irrigation systems:

a) Any large irrigation canal, ditch, flume, watercourse, tunnel, siphon or canal bridge that has:

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the minimum carrying capacity of at least 10 m3/s or the minimum bed width of at least 5 m in other regions.

b) Any medium irrigation canal, ditch, flume, watercourse, tunnel, siphon or canal bridge that has:

the minimum carrying capacity ranging from 1 m3/s to less than 20 m3/s or the minimum bed width ranging from 1 m to less than 10 m in the Mekong Delta;

the minimum carrying capacity ranging from 0,5 m3/s to less than 10 m3/s or the minimum bed width ranging from 0,5 m to less than 5 m in other regions.

c) Any small irrigation canal, ditch, flume, watercourse, tunnel, siphon or canal bridge that has:

the minimum carrying capacity of less than 1 m3/s or the minimum bed width of less than 1 m in the Mekong Delta;

the carrying capacity of less than 0,5 m3/s or the bed width of less than 0,5 m in other regions.

7. Pipelines:

a) A pipeline is categorized as a large pipeline when it has the minimum carrying capacity of 1,5 m3/s or the minimum internal diameter of 1.000 mm;

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c) A pipeline is categorized as a small pipeline when it has the carrying capacity of less than 0,025 m3/s or the internal diameter of less than 100 mm.

8. Irrigation embankments:

a) An embankment is categorized as a large one if its flood protected area is at least 10.000 ha;

b) An embankment is categorized as a medium one if its flood protected area ranges from 500 ha to less than 10.000 ha;

c) An embankment is categorized as a small one if its flood protected area is less than 500 ha.

9. Irrigation systems:

a) Large irrigation system which is a system serving the function of watering arable land or draining or releasing irrigation water for land covering a minimum geographical area of at least 20.000 ha;

b) Medium irrigation system which is a system serving the function of watering arable land or draining or releasing irrigation water for land covering a minimum geographical area ranging from 2.000 ha to less than 20.000 ha;

c) Small irrigation system which is a system serving the function of watering arable land or draining or releasing irrigation water for land covering a minimum geographical area of less than 2.000 ha.

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Irrigation project grading is to serve purposes of producing construction designs and managing other activities specified in standards and national technical regulations and other relevant regulatory provisions.

1. Irrigation projects shall be graded according to the following principles:

a) Irrigation and hydraulic construction works or projects are graded by their hydraulic capacity, water retention capacity, technical specifications and geological conditions of foundations of components of hydraulic headworks. The accepted grade of an irrigation or hydraulic project is the highest grade amongst those determined according to each of the aforesaid grading criteria.

b) A headwork shall be graded according to the grade of the irrigation and hydraulic project. The grade of a water conveyance system is less than or equal to the grade of the headwork and descends according to the extent of decrease in water distribution areas. The inferior water conveyance system is graded one place below the superior one.

2. Grades of irrigation and hydraulic projects are specified in Appendix II hereto.

Chapter III

REGULATORY PROVISIONS REGARDING COMPETENCE AND QUALIFICATION REQUIREMENTS OF ENTITIES AND PERSONS OPERATING AND MANAGING IRRIGATION AND HYDRAULIC PROJECTS

Article 6. General requirements for entities or persons operating and managing irrigation and hydraulic projects

1. As an enterprise, it must hold the Business Registration Certificate.

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a) Their internal rules or statutes must be accredited by competent authorities in accordance with the Law on Cooperatives, the Civil Code and other relevant regulatory provisions;

b) They must keep their own machinery in place and hire operators meeting professional qualification requirements prescribed herein, and adaptable to technical specifications or measurements of the irrigation and hydraulic projects under their mandate.

3. Persons operating and managing irrigation and hydraulic projects must meet the following requirements:

a) They must have full capacity for performing civil acts in accordance with law regulations and be responsible for their assigned duties;

b) They must hold academic degrees or certificates of completion of training courses according to engineering requirements of irrigation and hydraulic projects that they are authorized to operate or manage.

4. Hiring and placement of personnel, installation and provision of equipment needed for operation and management of small irrigation and hydraulic projects shall adhere to the safety and efficiency principles and conform to regulatory provisions in force.

Article 7. Requirements for specialized divisions of irrigation project operating and managing enterprises

1. An irrigation project operating and managing enterprise shall be structured into the following divisions:

a) Division in charge of irrigation and hydraulic projects;

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c) Division in charge of economic issues.

2. In addition to those prescribed in Clause 1 of this Article, an enterprise conducting other service business shall keep a division in charge of such business in place.

3. Specialized divisions referred to in Clause 1 of this Article shall employ 70% of personnel obtaining at least undergraduate degrees in the relevant majors.

Article 8.  Minimum competence and qualification requirements of entities and persons operating dams and reservoirs [4]

1. Each dam or reservoir of critical importance shall be operated and managed by at least 07 engineers majoring in irrigation, including at least 02 of them gaining at least 05 years' experience in management and operation of dams or reservoirs and provided with training or refresher courses in dam or reservoir management and operation.

2. Regarding large dams and reservoirs:

a) The dam or reservoir having the water carrying capacity of at least 50.000.000 m3must be operated and managed by at least 05 engineers majoring in irrigation, including at least 02 of them gaining at least 05 years' experience in management and operation of dams or reservoirs and provided with training or refresher courses in dam or reservoir management and operation;

b) The dam or reservoir having the water carrying capacity ranging from 10.000.000 m3to under 50.000.000 m3shall be operated and managed by at least 03 engineers majoring in irrigation, including at least 01 of them gaining at least 05 years' experience in management and operation of dams or reservoirs and provided with training or refresher courses in dam or reservoir management and operation;

c) The remaining large dams and reservoirs, except for the ones specified in Points a and b of this Clause shall be operated and managed by 02 engineers majoring in irrigation and provided with training or refresher courses in dam or reservoir management and operation.

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a) The dam or reservoir having the water carrying capacity ranging from 1.000.000 m3to less than 3.000.000 m3shall be operated and managed by at least 01 engineer majoring in irrigation and provided with training or refresher courses in dam or reservoir management and operation;

b) The remaining medium dams and reservoirs, except for the ones specified in Point a of this Clause shall be operated and managed by at least 01 person obtaining a Level 5 of VQF Advanced Diploma in irrigation and provided with training or refresher courses in dam or reservoir management and operation.

4. The small dam or reservoir shall be operated and managed by at least 01 graduate from the high school education program or 01 worker graduating from certificate II or higher qualification who has been provided with training or refresher courses in dam or reservoir management.”

Article 9.  Minimum competence and qualification requirements of entities and persons operating stationary electrical pumping stations [5]

1. Large electrical dual-purpose pumping stations for irrigation and drainage:

a) Regarding an electrical pumping station fitted with pump units, each of which has the capacity of at least 11.000 m3/h, it must be run by at least 01 engineer majoring in irrigation and 01 engineer majoring in mechanical and electrical engineering who have gained at least 03 years’ experience in pump management and operation;

b) Regarding an electrical pumping station fitted with pump units, each of which has the capacity ranging between 8.000 m3/h and less than 11.000 m3/h, it must be run by at least 01 engineer majoring in irrigation or mechanical and electrical engineering who has gained at least 02 years’ experience in pump management and operation;

c) Regarding an electrical pumping station fitted with pump units, each of which has the capacity ranging between 4.000 m3/h and less than 8.000 m3/h, it must be run by at least 01 engineer majoring in irrigation or mechanical and electrical engineering who has gained at least 01 year’s experience in pump management and operation.

2. Medium electrical dual-purpose pumping stations for irrigation and drainage:

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b) Regarding an electrical pumping station fitted with pump units, each of which has the capacity ranging between 8.000 m3/h and less than 11.000 m3/h, it must be run by at least 02 persons obtaining a Level 4 of VQF Diploma in irrigation or mechanical and electrical engineering and gaining at least 03 years’ experience in pump management and operation;

c) Regarding an electrical pumping station fitted with pump units, each of which has the capacity ranging between 4.000 m3/h and less than 8.000 m3/h, it must be run by at least 02 persons obtaining a Level 4 of VQF Diploma in irrigation or mechanical and electrical engineering and gaining at least 03 years’ experience in pump management and operation;

d) Regarding an electrical pumping station fitted with pump units, each of which has the capacity ranging between 1.000 m3/h and less than 4.000 m3/h, it must be run by at least 01 person obtaining a Level 4 of VQF Diploma in irrigation or mechanical and electrical engineering and gaining at least 03 years’ experience in pump management and operation.

3. Small electrical dual-purpose pumping stations for irrigation and drainage:

a) Regarding an electrical pumping station fitted with pump units, each of which has the capacity ranging between 1.000 m3/h and less than 4.000 m3/h, it must be run by at least 01 worker majoring in irrigation or mechanical and electrical engineering and gaining at least 02 years’ experience in pump management and operation;

b) Regarding an electrical pumping station fitted with pump units, each of which has the capacity ranging between 540 m3/h and less than 1.000 m3/h, it must be run by at least 01 person obtaining a junior high school diploma and gaining at least 01 year’s experience in pump management and operation.

4. Irrigation pumping stations:

a) For large irrigation pumping stations having the minimum total capacity of 72.000 m3/h or more, Clause 1 of this Article shall apply;

b) For large irrigation pumping stations having total capacity ranging from 12.000 m3/h to less than 72.000 m3/h and irrigation pumping stations having total capacity ranging from 3.600 m3/h to less than 12.000 m3/h, Clause 2 of this Article shall apply;

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5. In addition to the mandatory positions specified in Clauses 1 to 4 of this Article, other positions for each pumping station shall be determined using the techno-economic norms approved by a competent authority.

Article 10.  Minimum competence and qualification requirements of entities and persons operating and managing culvert headworks and water conveyance systems

1. Regarding special-grade, grade-I and grade-II dyke culverts [6]; electric large-river tidal barriers [7]:

a) Each special-grade, grade-I and grade-II dyke culvert; each electric large-river tidal barrier must be operated and managed by 01 engineer trained in the irrigation and hydraulics major, or 01 electromechanics engineer; 01 graduate from the electromechanics certificate program at the headwork who has gained at least 03 years’ experience in management and operation of culverts and tide surge barriers;

b) Carrying out regulatory provisions of law on dykes.

2. For other types of culvert with the minimum floodgate width of 0,5 m; irrigation canals, ditches, flumes, watercourses, tunnels, canal bridges having the minimum water carrying capacity of 0,3 m3/s or the minimum bed width of 0,5 m; pipelines having the minimum water carrying capacity of 0,02 m3/s or the minimum pipe diameter of 150 mm, personnel shall be engaged according to the size and goals of each structure to ensure that they are trained in relevant majors or have appropriate qualification; and are subject to the minimum requirement concerning graduation from high school[8].

Article 11. Training in management and operation of irrigation works [9]

1. Training institutions having appropriate functions, duties and expertise are permitted to provide training, re-training or refresher courses in improvement of knowledge, skills and competencies for individuals in charge of management and operation of irrigation works and management of dams.

2. The Ministry of Agriculture and Rural Development shall formulate and adopt plans and curriculums that training institutions and local authorities can use in training courses or programs in management and operation of irrigation works.

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1. Entities and persons engaged in operating and managing hydraulic and irrigation projects must have capacity according to the size and technical specifications of projects in accordance with this Decree; must bear legal liability for consequences and loss or damage caused by failure to satisfy competence requirements.

2. Every five years, persons directly performing tasks of managing and operating hydraulic and irrigation projects, managing dams and reservoirs must attend training courses on improvement of competencies in managing and operating hydraulic and irrigation projects, dams or reservoirs.

3[10]. For organizations authorized to operate various types of headworks, their personnel in charge of management and operation is permitted to follow part-time working principle provided that they satisfy regulations on work and rest hours under labor law and fully comply with competence requirements for operation of assigned works.

4. In addition to compliance with competence requirements specified herein, entities and persons operating hydraulic and irrigation structures or projects that are engaged in other production and business sectors must ensure compliance with competence requirements to be applied to these sectors in accordance with regulatory provisions of relevant law.

5. Specialized state agencies in charge of irrigation and hydraulics shall inspect and supervise compliance with competence regulations to be applied to operators of hydraulic and irrigation projects and structures in accordance with this Decree.

Chapter IV

ISSUANCE OF PERMITS AND LICENSES FOR ACCESS TO PROTECTED AREAS OF HYDRAULIC AND IRRIGATION PROJECTS AND STRUCTURES

Article 13. Licenses and permits for activities within the protected areas of hydraulic and irrigation projects and structures

Each license/permit is issued to carry out activities within the protected areas of hydraulic and irrigation projects and structures, including:

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2. Setting up terminals and yards for gathering and assembling raw materials, fuels, physical inputs, supplies and equipment;

3. Drilling or digging for geological survey purposes; exploring, extracting or quarrying minerals, building materials and groundwater;

4. [11] (Annulled)

5. Growing perennial crops;

6. Carrying out activities related to tourism, sports, scientific research, business and services;

7. Carrying out activities related to inland watercraft and road vehicles, except for motorcycles and non-motorized inland watercraft;

8. Aquaculture and fish farming;

9. Detonation, explosion and other explosion methods;

10. Underground construction.

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1. Ensure safety of irrigation works and licensed works, protect quality of water in irrigation works; avoid affecting functions of irrigation works, protect state interests, legitimate rights and benefits of relevant organizations and individuals; adhere to the principles of using multi-purpose works, using land, managing, exploiting and protecting water resources under regulations of Law on Irrigation, Law on Land, Law on Water Resources and other relevant regulations of law.

2. Issue licenses or permits intra vires, to appropriate license/permit holders and according to the legally prescribed procedures and processes.

3. Regarding multiple activities under the same project invested in by an organization or individual from the stage of construction of the work to the stage of operation under the licensing authority of the same authority, issue one license or permit only.

4. Regarding a project on maintenance, repair, upgrade or modernization of or addition of item to an existing irrigation work whose investment guidelines are decided by the owner of such irrigation work, it is not required to apply for the license/permit.

Article 15. Licensing basis [13]

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

1. Functions and current conditions of irrigation projects.

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

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

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1. 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 herein within the safety perimeters of works under its management.

2. Provincial People’s Committees shall be accorded authority to issue, reissue, renew, revise, suspend or revoke licenses or permits for the activities specified in Article 13 herein within the safety perimeters of works within their provinces, except for the case mentioned in Clause 1 of this Article.

Article 17. Agencies receiving and managing dossiers, licenses or permits

1. Department of Water Resources [15] under the Ministry of Agriculture and Rural Development shall be given custody of dossiers, licenses or permits under the licensing authority delegated to the Ministry.

2. Departments of Agriculture and Rural Development shall be given custody of dossiers, licenses or permits under the licensing authority delegated to provincial People’s Committees.

Article 18. Validity period of licenses or permits

1. The license or permit for activities within the protected area of an irrigation and hydraulic project lasts for 05 years and may be extended repeatedly. Each extension may be 03 months at maximum.

2. [16] The licensing authority shall decide to change the effective period of the permit/license in case where safety of a hydraulic structure is threatened; activities conducted within safety perimeters of works affecting operation of the works.

Article 19. Information shown in licenses or permits

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1. Name and address of the license/permit holder;

2. Description of activities to be carried out within the protected area of a project;

3. [17] Scope of operation to be licensed;

4. [18] Scale, capacity and primary specifications of the activities to be licensed;

5. Expiry date or validity period;

6. Requirements concerning activities to be carried out within the protected area of a project that are imposed with the aim of protecting safety for a project, assuring water quality inside a project, and implementing legitimate rights and interests of an associated entity or person;

7. Rights and obligations of the license/permit holder.

Article 20. Revision of licenses or permits

1. Required information in a license or permit listed hereunder can be revised:

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b) Scale, capacity, primary specifications of proposed activities;

c) [19] (Annulled)

2. Revision procedures:

Within the validity period of a license or permit, the applicant for revision of the license or permit for activities within the protected area of a project prepares the set of documents submitted to the competent authority defined in Article 16 herein to apply for revision thereof.

Article 21. Procedures for issuance of licenses or permits

1. Within 03 working days of receipt of the application, the receiving agency is responsible for handling and verifying the application; where the application is not valid yet, the receiving agency must notify the applicant to complete the application in accordance with regulations in force.

2. Licensing time limits:

a) With respect to the activities specified in Clauses 1, 2, 3 and 10 of Article 13 herein:

Within 25 working days of receipt of the valid application, the agency having competence in issuing the license or permit must verify the application and, if all required conditions are satisfied, must decide to issue the license or permit; in case of refusal to issue the license or permit, must inform the applicant about reasons for such refusal.

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c) With respect to the activities specified in Clause 5 of Article 13 herein:

Within 10 working days of receipt of the valid application, the agency having competence in issuing the license or permit must verify the application and, if all required conditions are satisfied, must decide to issue the license or permit; in case of refusal to issue the license or permit, must inform the applicant about reasons for such refusal.

d) With respect to the activities specified in Clauses 6, 8 and 9 of Article 13 herein:

Within 15 working days of receipt of the valid application, the agency having competence in issuing the license or permit must verify the application and, if all required conditions are satisfied, must decide to issue the license or permit; in case of refusal to issue the license or permit, must inform the applicant about reasons for such refusal.

dd) With respect to the activities specified in Clause 7 of Article 13 herein:

Within 07 working days of receipt of the valid application, the agency having competence in issuing the license or permit must verify the application and, if all required conditions are satisfied, must decide to issue the license or permit; in case of refusal to issue the license or permit, must inform the applicant about reasons for such refusal.

Article 22. Applications for licenses or permits for the activities specified in Clauses 1, 2, 3, 5, 6, 7, 8, 9 and 10 of Article 13 herein [21]

The applicant for a license or permit submits a set of application in person or by post or online to the receiving agency as per Article 17 herein. The application package must include the following documents:

1. Written request form given in Form No. 01 in the Appendix III hereto.

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3. A report on assessment of impacts of activities on operation and safety of the irrigation work.

4. Written comments of the organization or individual operating the work on impacts of activities on management, operation and safety of the irrigation work by such organization or individual.

5. A copy of the motor vehicle or inland waterway vehicle registration certificate for the activity specified in Clause 7 Article 13 herein.

6. A copy of the license for blasting services for the activity specified in Clause 9 Article 13 herein.

7. With regard to an investment project executed within the safety perimeter of the irrigation work, the application package must also include the following documents:

a) A copy of the establishment decision or copy of the enterprise registration certificate;

b) Copies of the decisions on approval for planning, investment guidelines and investment project;

c) A copy of the environmental impact assessment report or environmental protection plan approved by the competent authority under regulations of law on environmental protection;

d) A copy of the notification of appraisal of fundamental design and design drawing of the project;

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Article 23. [22](Annulled)

Article 24. [23](Annulled)

Article 25. [24](Annulled)

Article 26. [25](Annulled)

Article 27. [26](Annulled)

Article 28. Applications for approval for renewal and revision of licenses or permits [27]

The applicant for approval for renewal or revision of a license or permit submits a set of application in person or by post or online to the receiving agency as per Article 17 herein. The application package must include the following documents:

1. Written request form given in Form No. 02 in the Appendix III hereto.

2. Plan of the location where the proposed activity will take place.

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4. Written comments of the organization or individual operating the irrigation work on the use of the issued license or permit by such organization or individual.

5. With regard to an investment project executed within the safety perimeter of the irrigation work, the application package must also include the following documents:

a) A copy of the establishment decision or copy of the enterprise registration certificate (newest revision);

b) In the case of change of scale, capacity or main specifications of the licensed activities: a copy of the decision on approval for revisions to the planning, investment guidelines or investment project; a copy of the environmental impact assessment report or environmental protection plan; a copy of the notification of appraisal of fundamental design or design drawing of the adjusted project.

Article 29. Procedures for renewal and revision of licenses or permits

1. The applicant for approval for renewal or revision of a license or permit submits a set of application in person or by post to the receiving agency as per Article 17 herein. The application for renewal of the license or permit must be submitted at a minimum of 45 days before the expiry date.

2. Within 03 working days of receipt of the application, the receiving agency is responsible for handling and verifying the application; where the application is not valid, the receiving agency must notify the applicant to complete the application in accordance with regulations in force.

3. [28] Time limits for issuance of the renewed or revised license or permit:

a) With respect to the activities specified in Clauses 1, 2, 3 and 10 Article 13 of this Decree:

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b) With respect to the activities specified in Clauses 5 and 7 Article 13 of this Decree:

Within 05 working days of receipt of the valid application, the agency having competence in issuing the license or permit must verify the application and, if all required conditions are satisfied, must decide to issue the renewed or revised license or permit; if all conditions are not fully satisfied, must inform the applicant about reasons for refusal.

c) With respect to the activities specified in Clauses 6, 8 and 9 Article 13 of this Decree:

Within 10 working days of receipt of the valid application, the agency having competence in issuing the license or permit must verify the application and, if all required conditions are satisfied, must decide to issue the renewed or revised license or permit; if all conditions are not fully satisfied, must inform the applicant about reasons for refusal.

Article 30. Reissuance of licenses or permits [29]

1. A license or permit may be re-issued in the following cases:

a) It has gone missing; is ruined or damaged;

b) Name of the license/permit holder that is changed due to business transfer, merger, split-up, split-off or restructuring.

2. Application for re-issuance:

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b) In the case specified in Point b Clause 1 of this Article, the applicant shall submit a written request form given in Form No. 03 in the Appendix III hereto; a copy of the enterprise registration certificate; copies of the decisions issued by competent authorities on the change of enterprise’s name due to business transfer, merger, split-up, split-off or restructuring.

3. Procedures for re-issuance:

a) Where the situation specified in Clause 1 of this Article occurs, the applicant for a license or permit submits a set of application directly or by post or online to the receiving agency as per Article 17 herein.

b) Within 03 working days of receipt of the valid application, the agency having competence in issuing the license or permit must verify the application and, if all required conditions are satisfied, must decide to issue the license or permit; if all conditions are not fully satisfied, must inform the applicant about reasons for refusal.

4. The validity period of the reissued license or permit is equal to days left to the expiry date of the preexisting license or permit.

Article 31. Rights of the license/permit holder

The holder of the license or permit for the activities within the protected area of a project has the following rights:

1. Carry out the activities within the protected area of the project according to the location, time and scale specified in the license or permit.

2. Receive protection for legitimate rights and interests specified in the license or permit from the Government.

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4. Request the licensing agency to approve renewal and revision of the license or permit according to law regulations.

Article 32. Obligations of the license/permit holder

The holder of the license or permit for the activities within the protected area of a project has the following obligations:

1. Comply with regulatory provisions of the Law on Irrigation and other relevant laws.

2. Comply with the regulations on location, duration and scale of activities to be carried out within the protected area of the project that are specified in the existing license or permit.

3. Fulfill financial obligations in accordance with law.

4. When carrying out activities, ensure safety for the project, prompt remedial actions in response to incidents and payment of compensation for any loss arising from their activities.

5. Avoid any hindrance or loss to the general management and operation of the project.

6. Provide full and authentic data and information about activities to be carried out within the protected area of the project as requested by competent state agencies.

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1. The license or permit shall be suspended when the holder of that license or permit commits one of the following violations:

a) Violate regulations set out in the license or permit;

b) Use the license or permit to carry out activities illegally.

2. Duration of suspension of a license or permit: No more than 03 months.

3. During the duration of suspension of the license or permit, the license holder shall not be allowed to exercise the rights associated with the license or permit, and shall need to take remedial actions as well as pay compensation for any loss or damage in accordance with law.

Article 34. Revocation of licenses or permits

1. A license or permit may be revoked in the following cases:

a) It is discovered that information provided in the application is not correct;

b) The license/permit holder is dissolved or declared bankrupt by the court; is dead or declared dead by the court; is incapable of performing civil acts or declared missing;

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d) The revocation is required to serve national defense and security purposes or protect the national or public interests.

2. Based on the regulations laid down in Clause 1 of this Article, competent licensing agencies referred to in Article 16 herein shall be entitled to issue decisions on revocation of licenses or permits.

Article 35. Inspection and supervision

1. The Ministry of Agriculture and Rural Development shall be responsible for inspecting issuance of and compliance with requirements of licenses or permits for activities within the protected areas of irrigation and hydraulic projects and structures nationwide.

2. All-level People’s Committees shall be responsible for inspecting issuance of and compliance with requirements of licenses or permits for activities within the protected areas of local irrigation and hydraulic projects and structures.

Chapter V

IMPLEMENTATION PROVISIONS [30]

Article 36. Entry into force

This Decree comes into force from July 01, 2018.

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1. If any license or permit binding upon activities that are required to obtain licenses or permits to be carried out within the protected areas of irrigation and hydraulic projects and structures is issued before the entry into force of this Decree, and remains unexpired, it can be used until it is expired.

2. [31] (Annulled)

3. Not later than 03 years after the entry into force of this Decree, operators of irrigation and hydraulic projects and structures must ensure that they have capacity required in this Decree.

Article 38. Implementation responsibilities

1. The Minister of Agriculture and Rural Development shall be responsible for implementing this Decree.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decree./.

CERTIFIED BY

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[1] The Government’s Decree No. 08/2022/ND-CP dated January 10, 2022 on elaboration of the Law on Environmental Protection is promulgated pursuant to:

The Law on Government Organization dated June 19, 2015; the Law on amendments to some Articles of Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

The Law on Environmental Protection dated November 17, 2020;

The Law on Public Investment dated June 13, 2019;

The Law on Investment dated June 17, 2020;

The Law on the State Budget dated June 25, 2015;

At request of Minister of Natural Resources and Environment;

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The Law on Government Organization dated June 19, 2015; the Law on amendments to some Articles of Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

The Law on Irrigation dated June 19, 2017;

The Law on Environmental Protection dated November 17, 2020;

The Law on Promulgation of Legislative Documents dated June 22, 2015; the Law on amendments to the Law on Promulgation of Legislative Documents dated June 18, 2020;

At the request of the Minister of Agriculture and Rural Development;

 [2]This Clause is annulled by Point e, Clause 2 Article 167 of the Government’s Decree No. 08/2022/ND-CP dated January 10, 2022 on elaboration of some Articles of the Law on Environmental Protection, which comes into force from January 10, 2022; 

[3] This Article is amended by Clause 1 Article 1 of the Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on Irrigation, which comes into force from August 15, 2023. 

[4] This Article is amended by Clause 2 Article 1 of the Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on Irrigation, which comes into force from August 15, 2023. 

[5] This Article is amended by Clause 3 Article 1 of the Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on Irrigation, which comes into force from August 15, 2023. 

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[7] The phrase “cống ngăn sông lớn” is replaced by the phrase “cống lớn ngăn sông" according to Clause 1 Article 2 of the Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on Irrigation, which comes into force from August 15, 2023. 

[8] The phrase “và có chứng nhận bồi dưỡng nghiệp vụ về quản lý, khai thác công trình thủy lợi” (and obtain certificates of completion of training courses in irrigation work operation and management) is annulled according to Clause 2 Article 2 of the Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on Irrigation, which comes into force from August 15, 2023.

[9] This Article is amended by Clause 4 Article 1 of the Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on Irrigation, which comes into force from August 15, 2023. 

[10] This Clause is amended by Clause 5 Article 1 of the Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on Irrigation, which comes into force from August 15, 2023. 

[11] This Clause is annulled by Point e, Clause 2 Article 167 of Government’s Decree No. 08/2022/ND-CP dated January 10, 2022 on elaboration of some Articles of the Law on Environmental Protection, which comes into force from January 10, 2022.

[12] This Article is amended by Clause 6 Article 1 of the Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on Irrigation, which comes into force from August 15, 2023. 

[13] This Article is amended by Clause 7 Article 1 of the Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on Irrigation, which comes into force from August 15, 2023. 

[14] This Article is amended by Clause 8 Article 1 of the Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on Irrigation, which comes into force from August 15, 2023. 

[15] The phrase “Tổng cục Thủy lợi” (“Directorate of Water Resources”) is replaced with “Cục Thủy lợi” (“Department of Water Resources”) according to Clause 1 Article 2 of the Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on Irrigation, which comes into force from August 15, 2023.

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[17] This Clause is amended by Point c, Clause 2 Article 167 of Government’s Decree No. 08/2022/ND-CP dated January 10, 2022 on elaboration of some Articles of the Law on Environmental Protection, which comes into force from January 10, 2022.

[18] This Clause is amended by Point c, Clause 2 Article 167 of Government’s Decree No. 08/2022/ND-CP dated January 10, 2022 on elaboration of some Articles of the Law on Environmental Protection, which comes into force from January 10, 2022.

[19] This Point is annulled by Point e, Clause 2 Article 167 of Government’s Decree No. 08/2022/ND-CP dated January 10, 2022 on elaboration of some Articles of the Law on Environmental Protection, which comes into force from January 10, 2022.

[20] This Point is annulled by Point e, Clause 2 Article 167 of Government’s Decree No. 08/2022/ND-CP dated January 10, 2022 on elaboration of some Articles of the Law on Environmental Protection, which comes into force from January 10, 2022.

[21] This Article is amended by Clause 9 Article 1 of the Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on Irrigation, which comes into force from August 15, 2023. 

[22] Article 23 is annulled by Point e, Clause 2 Article 167 of Government’s Decree No. 08/2022/ND-CP dated January 10, 2022 on elaboration of some Articles of the Law on Environmental Protection, which comes into force from January 10, 2022; 

[23] Article 24 is annulled by Clause 3 Article 2 of the Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on Irrigation, which comes into force from August 15, 2023. 

[24] Article 25 is annulled by Clause 3 Article 2 of the Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on Irrigation, which comes into force from August 15, 2023. 

[25] Article 26 is annulled by Clause 3 Article 2 of the Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on Irrigation, which comes into force from August 15, 2023. 

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[27] This Article is amended by Clause 10 Article 1 of the Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on Irrigation, which comes into force from August 15, 2023. 

[28] This Clause is amended by Clause 11 Article 1 of the Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on Irrigation, which comes into force from August 15, 2023. 

[29] This Article is amended by Clause 12 Article 1 of the Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on Irrigation, which comes into force from August 15, 2023. 

[30] Article 167 of the Government’s Decree No. 08/2022/ND-CP dated January 10, 2022 on elaboration of some Articles of the Law on Environmental Protection, which comes into force from January 10, 2022 stipulates that:

 “Article 169. Implementation clause

1. This Decree comes into force from the date on which it is signed.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities and relevant organizations and individuals shall be responsible for the implementation of this Decree./.”

Article 4 of the Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on Irrigation, which comes into force from August 15, 2023 stipulates that:

 “Article 4. Implementation clause

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2. Grandfather clause

a) If any application for issuance, re-issuance, extension or revision of the license or permit binding upon activities to be carried out within safety perimeters of irrigation works is submitted before the entry into force of this Decree, it may be considered and processed as prescribed in the Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 (amended by the Government’s Decree No. 08/2022/ND-CP dated January 10, 2022).

b) The Ministry of Agriculture and Rural Development and provincial People’s Committees shall arrange and strengthen the entities operating irrigation works in accordance with regulations of the Law on Irrigation no later than 05 years after the entry into force of this Decree./.”

[31] This Clause is annulled by Point e, Clause 2 Article 167 of Government’s Decree No. 08/2022/ND-CP dated January 10, 2022 on elaboration of some Articles of the Law on Environmental Protection, which comes into force from January 10, 2022.

[32] Form No. 03 Written request for re-issuance of license/permit to operate within safety perimeter of irrigation work is added according to Clause 4 Article 2 of the Government's Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 on elaboration of some Articles of the Law on Irrigation, which comes into force from August 15, 2023.