Circular No. 04/2024/TT-BTNMT stipulates the inspection of compliance with laws on water resources and the review and acceptance of results from basic investigation projects on water resources.

CIRCULAR

Regulations on inspection of compliance with laws on water resources and assessment, acceptance of results of basic investigation activities on water resources

Pursuant to the Water Resources Law

July dated 2023; The Minister of Natural Resources and Environment issues this Circular detailing the implementation of Clause 1, Article 9 of the Water Resources Law regarding the assessment and acceptance of results of basic investigation activities on water resources according to projects funded by the state budget and Clause 5, Article 83 of the Water Resources Law concerning inspection of compliance with laws on water resources.

Pursuant to Decree No. 68/2022/NĐ-CP dated September 22, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the Director of the National Water Resources Management Agency;

1. This Circular specifies detailed implementation of Clause 1, Article 9 of the Water Resources Law on the assessment and acceptance of results of basic investigation activities on water resources according to projects funded by the state budget and Clause 5, Article 83 of the Water Resources Law on inspection of compliance with laws on water resources.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

2. The following activities are not within the scope of regulation of this Circular:

a) Activities of preventive inspection, detection, and struggle against violations of laws on water resources by the People's Public Security forces;

b) Assessment and approval of project proposals; assessment and acceptance of works during project implementation; assessment and approval of final accounts of projects; construction testing, machine and equipment measurement and monitoring related to water resources.

This Circular applies to organizations and individuals involved in the provisions stipulated in Article 1 of this Circular within the territory of the Socialist Republic of Vietnam.

Article 2. Applicability

Inspection plan

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. is a document determining the inspection tasks for one year issued by competent state agencies to serve management requirements. Plan for conducting inspections

2. is a plan for conducting an inspection established by the head of the inspection team and approved by the person issuing the inspection decision. Inspected entity

3. is the organization or individual subject to inspection as determined in the inspection decision. Inspection period

4. is the time frame for implementing laws on water resources; duties and authorities assigned, technical regulations in the field of water resources of the inspected entity are reviewed and evaluated in an inspection. Inspection duration

5. is the time period from the date of announcing the inspection decision to the end of direct inspection. Assessment and acceptance of results of basic investigation projects on water resources

6. is the professional assessment and acceptance of basic investigation projects on water resources based on the assessment and acceptance proposal file submitted by the project's main implementing agency. Agency organizing the implementation of basic investigation projects on water resources

7. is the Ministry of Natural Resources and Environment for basic investigation projects on water resources organized by the Ministry of Natural Resources and Environment, or the provincial People's Committee for basic investigation projects on water resources organized by the province. Main implementing agency of the project

8. is the agency or unit entrusted by the agency organizing the basic investigation project on water resources to organize the implementation of the project. 1. Inspection costs for compliance with laws on water resources: Ministries and provincial People's Committees shall balance and allocate funds for implementation in the state budget estimate in accordance with the State Budget Law and relevant guiding documents.

Article 4. Implementation funds

2. Costs for assessment and acceptance of results of basic investigation activities on water resources are determined in the total project budget approved by the competent authority.

INSPECTION OF COMPLIANCE WITH LAWS ON WATER RESOURCES

Chapter II

PRINCIPLES, FORMS OF INSPECTION

Section 1

PRINCIPLES, FORMS OF INSPECTION

Article 5. Principles of inspection

1. Compliance with laws; democracy, transparency, objectivity; within authority, procedures, and formalities; timely and accurate.

2. Implementation according to the inspection plan; upon directive from competent authorities or when signs of violation are discovered.

3. Focus on key areas, avoid overlapping and duplication in scope, time, and subjects with concurrent inspection activities in the same field; do not hinder the normal operations of inspected entities.

Article 6. Forms and contents of inspection

1. Planned inspections are conducted according to approved inspection plans. The inspection plan includes plans of the Ministries of Natural Resources and Environment, Agriculture and Rural Development, Industry and Trade, Construction, Health, and the People's Committees of provinces.

2. Unscheduled inspections are carried out when any of the following grounds exist:

a) Directive from competent state management agencies;

b) When organizations or individuals exhibit signs of violating water resource laws through information, data from monitoring, supervision reports provided by organizations or individuals, including: information and data from the National Water Resources Information System and database; operation monitoring systems of management agencies; periodic reports on water resource exploitation and utilization activities of organizations and individuals; information obtained during the review of applications for issuance, extension, adjustment, reissue of water resource exploitation permits, groundwater drilling, underground water exploration, and declarations of water resource exploitation rights fees or during the registration process for water resource exploitation and utilization and other relevant management agency sources;

c) When signs of violations causing degradation, depletion, pollution of water sources; subsidence, land collapse; sudden, abnormal floods severely impacting production and daily life;

d) Reports, recommendations from related agencies, organizations, individuals, media, and other information sources.

3. Within their respective duties and powers as stipulated in Clause 1 of this Article, Ministries and Provincial People's Committees shall determine the content of annual inspection plans in accordance with the Water Resources Law.

Section 2

BUILDING AND IMPLEMENTATION OF INSPECTION PLANS

Article 7. Building and implementation of inspection plans

1. The Ministry of Natural Resources and Environment Inspectorate (hereinafter referred to as the Inspectorate) shall take the lead and coordinate with the Water Resource Management Department to build inspection plans in the field of water resources, consolidate them into the annual inspection plan of the Ministry of Natural Resources and Environment, and submit it to the Minister of Natural Resources and Environment for approval.

Based on the approved inspection plan as stipulated in Clause 1 of this Article, the Inspectorate and the Water Resource Management Department shall conduct inspections on compliance with water resource laws; recommend competent authorities to handle inspection results. In cases where grounds exist as stipulated in Clause 2 of Article 6 of this Circular, unscheduled inspections shall be conducted as follows:

a) For cases specified in points a and c of Clause 2 of Article 6 of this Circular, based on their functions, tasks, powers, and division of labor by the Minister of Natural Resources and Environment, the Inspectorate or the Water Resource Management Department shall report to the Ministry of Natural Resources and Environment for consideration and decision on the establishment of unscheduled inspection teams;

b) For cases specified in points b and d of Clause 2 of Article 6 of this Circular, the Water Resource Management Department shall consider and decide on the establishment of unscheduled inspection teams and report to the Ministry of Natural Resources and Environment. Depending on the severity of the violation signs, to ensure timely prevention and minimize harm caused by the violation, the Water Resource Management Department shall send a document requesting the provincial Department of Natural Resources and Environment to organize unscheduled inspections and report the results back to the Water Resource Management Department.

2. The Ministries of Agriculture and Rural Development, Industry and Trade, Construction, and Health, within their respective duties and powers, shall be responsible for:

a) Based on actual needs and management requirements, decide to develop water resource inspection content in the annual inspection plan of the Ministry and submit it to the Ministry of Natural Resources and Environment for consolidation;

b) Direct subordinate units to conduct inspections on compliance with water resource laws based on approved inspection plans; cooperate with the Ministry of Natural Resources and Environment to inspect compliance with water resource laws within their management scope.

3. Provincial People's Committees shall organize the development and issuance of inspection plans at the provincial level or delegate subordinate units to issue inspection plans in accordance with the Law on Organization of Local Administration; direct the implementation of inspections based on approved inspection plans and conduct unscheduled inspections.

4. Departments of Natural Resources and Environment shall carry out inspections according to issued plans or unscheduled inspections; conduct unscheduled inspections upon request from the Water Resource Management Department and report results to the Water Resource Management Department.

Article 8. Review and handle overlaps and duplications in the implementation of inspections

Annually, when conducting inspection activities as prescribed in this Circular, if overlap or duplication is discovered, the agencies assigned to conduct inspections shall coordinate to handle it according to regulations, ensuring that the activities of organizations and individuals are only the subject of one supervisory agency or inspection agency. Overlaps and duplications shall be handled according to the following principles:

1. Overlap or duplication between inspection activities and supervision activities shall be handled by the supervisory agency conducting the supervision.

2. Overlap or duplication between the inspection activities of the Ministry of Natural Resources and Environment and the inspection activities of the Ministries of Agriculture and Rural Development, Industry and Trade, Construction, Health, and provincial People's Committees shall be handled by the Ministry of Natural Resources and Environment organizing the inspection.

3. Overlap or duplication between the inspection activities of the Ministries of Agriculture and Rural Development, Industry and Trade, Construction, Health and local inspection activities shall be handled by the ministries organizing the inspection.

Section 3

IMPLEMENTATION OF AN INSPECTION AND HANDLING OF INSPECTION RESULTS

Article 9. Procedure for conducting an inspection

The procedure for conducting an inspection corresponding to an inspection decision is stipulated as follows:

1. Preparation for inspection.

2. Conducting direct inspection.

3. Concluding the inspection.

Article 10. Preparation for Inspection

1. Collecting, reviewing, and clarifying information about the inspected entity regarding its operational situation, location, compliance with laws on water resources, inspection situations by competent authorities, and implementation of inspection conclusions (if any).

2. Issuing an inspection decision:

a) Based on the inspection plan or based on the provisions of Clause 2, Article 6 of this Circular, the authorized person issues an inspection decision to examine and issue an inspection decision on compliance with laws on water resources for one or more agencies, organizations, or individuals;

b) The inspection decision includes the following main contents: inspected entity, inspection content; inspection form; inspection deadline; inspection team composition; tasks of the inspection team. The inspection decision is issued according to Model No. 01 attached to this Circular;

c) The inspection period for one inspection is determined in the inspection decision but does not exceed 10 days from the date of publication of the inspection decision.

3. Drafting a plan to conduct the inspection:

a) Based on the inspection decision, the head of the inspection team drafts a plan to conduct the inspection, submitting it to the person issuing the inspection decision for approval within no more than five working days from the date of issuance of the decision for planned inspections, and no more than three working days from the date of issuance of the decision for surprise inspections;

b) The plan to conduct the inspection according to Model No. 03 attached to this Circular includes the following contents: purpose, requirements, inspected entity, inspection content, inspection period, inspection deadline, location, inspection method, organization of the inspection.

4. The head of the inspection team issues a document requesting the inspected entity to prepare a report on the inspection content according to the outline sent to the inspection team before the publication of the inspection decision. The outline requesting the inspected entity to report includes the following main contents: general information about the inspected entity; overview of information on water resource exploitation works; information on compliance with laws on water resources; difficulties, obstacles, and suggestions and recommendations of the inspected entity; list of files and documents for inspection purposes.

5. The head of the inspection team issues a notification of the publication of the inspection decision to the inspected entity.

Article 11. Conducting on-site inspections

1. Announcing the inspection decision:

a) Within fifteen days from the date of issuance of the inspection decision, the head of the inspection team shall announce the inspection decision to the inspected entity. In cases where necessary, the head of the inspection team may authorize the deputy head or members of the team to announce the inspection decision.

For surprise inspections, if violations are discovered that require immediate inspection, the announcement of the inspection decision may be carried out after the violation record has been established for the inspected entity;

b) The participants in the announcement session include: the inspection team; the inspected entity; representatives of local authorities (if necessary). If the inspected entity is absent, the head of the inspection team or the authorized person shall record the absence with the confirmation of the representative of the local authority where the inspection takes place and continue the inspection;

c) The content of the announcement session includes: the head of the inspection team or the authorized person announcing the inspection decision; the legal representative of the inspected entity reports on the inspection contents as required by the inspection team's outline;

d) The announcement of the inspection decision must be recorded in a minutes document, signed by the representative of the inspection team and the legal representative of the inspected entity. The minutes follow Model No. 04 issued together with this Circular;

đ) The location for announcing the inspection decision: at the site of the water resource exploitation project; at the headquarters of the inspected entity; at the headquarters of the agency issuing the inspection decision; other locations decided by the head of the inspection team;

2. Inspection location and working time:

a) The inspection team works at the location specified in point đ Clause 1 of this Article;

b) The inspection team works with the inspected entity, relevant agencies, organizations, and individuals during regular office hours. In cases where work must be conducted outside regular office hours, the head of the inspection team decides on specific times after consultation and agreement with the inspected entity and bears responsibility for their decision;

c) The inspection team's working location and changes to the working location and time must be notified in advance to the inspected entity and relevant agencies, organizations, and individuals;

3. On-site inspection:

a) On-site inspection to survey the scene at the location of the water resource exploitation project, at places showing signs of violation, at the headquarters of the inspected entity; collecting files, documents, samples (if any) related to the inspection content;

b) The on-site inspection is recorded in a field inspection minutes document according to Model No. 05 issued together with this Circular;

4. Verification inspection, clarifying information, documents, data through reviewing and comparing regulations, assessing compliance with laws on water resources; providing direct explanations and supplementary documents; explaining in writing and providing supplementary documents;

In cases requiring verification of events or clarification of issues related to events, the head of the inspection team may invite representatives of the People's Committee of the commune where the event occurred or other witnesses;

5. Handling existing violations found during inspection:

a) During the inspection, if violations of laws on water resources are discovered, the head of the inspection team and members of the inspection team must request the inspected entity and related entities to immediately cease the violations. Violations must be noted in the working minutes as evidence for handling violations and recorded according to Model No. 06 issued together with this Circular;

b) When administrative violations are discovered, the authorized person shall establish an administrative violation record according to the provisions of the law on handling administrative violations. If the administrative violation does not fall within the authority to establish an administrative violation record, the head of the inspection team must record the working minutes to document the incident; immediately transfer the minutes to the authorized person to handle administrative violations and relevant state management agencies (if any);

c) For complex cases involving multiple organizations, individuals, fields with potential serious consequences or exceeding the authority and scope of the inspection team, the head of the inspection team shall report to the decision-making authority for timely measures; if necessary, request or propose the competent authority to conduct an audit; if there are criminal indications, recommend transferring the case file and related documents to the investigation agency for consideration and decision according to the law;

d) The results of the inspection of compliance with laws on water resources must be updated by the inspecting agency into the National Water Resources Information System and database according to regulations;

6. Upon completion of the on-site inspection period, the head of the inspection team shall notify the inspected entity about the completion of the on-site inspection according to Model No. 07 issued together with this Circular.

Article 12. Extension of Inspection Period

1. The inspection period may be extended if any of the following situations occur:

a) It is necessary to supplement, expand the scope of objects, contents, and range of inspection;

b) The inspection content is complex, requiring additional time for verification and clarification of information;

c) Additional time is needed for appraisal of samples related to the inspection content (if any);

d) Unforeseeable reasons arise.

2. The extension of the inspection period can only be implemented once, and the extended period shall not exceed 10 days. The decision on extending the inspection period shall be made according to Model No. 02 issued together with this Circular.

Article 13. Suspension of Inspection

1. Inspection shall be suspended if any of the following situations occur:

a) There is a change in the team leader or a change in two members of the inspection team;

b) The inspected entity changes its legal status or legal representative, and the inspected entity requests a suspension of the inspection through a written document; in this case, the suspension period shall not exceed 10 days from the date the notice of suspension of the inspection is issued.

2. After reporting to the person who issued the inspection decision, the team leader shall notify the inspected entity about the suspension of the inspection. Upon expiration of the suspension period, the inspection activities will continue.

The notice of suspension of inspection shall be made according to Model No. 08 issued together with this Circular and must be sent to the inspected entity and relevant agencies, organizations, and individuals. The suspension period shall not be counted towards the inspection period.

Article 14. Termination of Inspection

During the inspection process, the person who issued the inspection decision decides to terminate the inspection according to Model No. 09 issued together with this Circular when any of the following situations arise:

1. The inspected entity no longer exists.

2. The inspection content has been concluded by a competent authority to overlap with a period of audit or inspection.

3. The inspected entity is under criminal investigation or prosecution.

4. The head of the superior agency issues a written request to terminate the inspection.

Article 15. Completion of Inspection

1. Within the latest 10 days from the end of direct inspection, the inspection team member is responsible for reporting to the team leader on the results of the assigned tasks.

2. Within the latest 15 days from receiving the report of the inspection team member, the team leader builds a report on the inspection results to submit to the person who issued the inspection decision. The report on the inspection results shall be made according to Model No. 10 issued together with this Circular.

3. Within the latest 10 days from receiving the report of the team leader, the person who issued the inspection decision directs the drafting of a draft notification of the inspection results. The time for drafting the draft notification of the inspection results is 20 days from the date the person who issued the inspection decision assigns the drafting of the draft notification of the inspection results. The notification of the inspection results must clearly state the strengths and weaknesses in compliance with relevant laws and regulations concerning the inspection content; the results of handling weaknesses and violations (if any); requirements and recommendations for the inspected entity. The notification of the inspection results shall be made according to Model No. 11 issued together with this Circular.

4. If necessary, the person who issued the inspection decision organizes written comments on the draft notification of the inspection results. The time for soliciting comments shall not be counted towards the inspection period.

5. Within the latest 15 days from receiving the draft notification of the inspection results, the person who issued the inspection decision signs and issues the notification of the inspection results.

Article 16. Supervision and Urging the Implementation of Inspection Result Notifications

Clause 1. The agency issuing the inspection result notification shall be responsible for supervising, urging, and inspecting the implementation of the inspection result notification.

Clause 2. The Department of Natural Resources and Environment where the inspected entity is located shall be responsible for supervising, urging, and inspecting the implementation of the inspection result notification upon request from the agency issuing the inspection result notification.

Section 4

RESPONSIBILITIES IN INSPECTING THE IMPLEMENTATION OF WATER RESOURCES LAWS

Article 17. Responsibilities of Agencies, Organizations, and Individuals

Clause 1. Responsibilities of Ministries: Natural Resources and Environment, Agriculture and Rural Development, Industry and Trade, Construction, Health, and Provincial People's Committees within their respective mandates shall direct and organize the inspection of the implementation of water resources laws to ensure compliance with the Water Resources Law and related legal provisions.

Clause 2. Responsibilities of agencies, organizations, and individuals conducting inspections:

Point a) Based on approved inspection plans, the head of the agency assigned to conduct inspections must thoroughly examine all legal grounds when issuing inspection decisions; they are responsible for their decisions before the law and superiors. The person issuing the inspection decision is responsible for organizing and directing the inspection team to carry out inspections in accordance with the principles stipulated in Clause 1, Article 6 of this Circular, ensuring that the inspection is conducted in accordance with the law;

Point b) The head of the inspection team, deputy heads, and members of the inspection team must fulfill their assigned responsibilities and duties as well as the contents of the inspection decision; comply with information and reporting systems, not providing information or documents related to inspection activities to unauthorized persons; actively assess the situation and promptly report recommendations for issues arising during implementation; refrain from using inspections for personal gain, affecting normal operations or infringing upon the rights and legitimate interests of the inspected entities; explain to the inspected entities so they understand and comply with relevant legal provisions concerning inspections when requested.

Article 18. Responsibilities of Inspected Entities and Relevant Agencies, Organizations, and Individuals

Clause 1. Inspected entities shall be responsible for timely and fully providing information and documents related to the inspection content; reporting and explaining according to legal regulations; implementing requests and recommendations of the inspection team and authorized decision-makers as stipulated by law.

Clause 2. Agencies, organizations, units, and individuals related to the inspection content shall be responsible for timely and fully providing information and documents as required by the inspection team and authorized decision-makers and shall have rights as prescribed by relevant laws.

Chapter III

REVIEW AND ACCEPTANCE OF RESULTS OF BASIC INVESTIGATIONS ON WATER RESOURCES

Article 19. Principles for Reviewing and Accepting Results of Basic Investigations on Water Resources

Clause 1. The results of reviewing and accepting the implementation of basic investigation projects on water resources serve as the basis for reviewing, approving, and finalizing project results and settlements.

Clause 2. After review and acceptance, the results of basic investigations on water resources must be updated into the National Water Resources Information System and database, and stored according to regulations.

Clause 3. The review and acceptance of the implementation results of basic investigation projects on water resources should be based on the project outline approved by competent authorities, adjusted approvals, and according to procedures, standards, technical norms, economic and technical quotas, technical requirements of the project, plans, and schedules; ensuring objectivity, truthfulness, and compliance with state secrets protection regulations for confidential documents and data, and related laws.

Clause 4. The time for review and acceptance must align with the budget plan and the schedule for finalizing and settling the project as stipulated.

Clause 5. For basic investigation projects on water resources that do not use state budget funds, it is encouraged to apply the review and acceptance procedures as prescribed in this Circular.

Article 20. Objects for review and acceptance of basic investigation results on water resources

1. The results of implementing projects on basic investigations of water resources as stipulated in Clause 3, Article 9 of the Water Resources Law using state budget funds shall be organized and implemented by the Ministry of Natural Resources and Environment or the People's Committee of the province.

2. The results of conducting basic investigations of water resources within other related projects using state budget funds shall be organized and implemented by the Ministry of Natural Resources and Environment or the People's Committee of the province.

Article 21. Authorities and responsibilities of agencies, organizations, and individuals involved in reviewing and accepting the results of basic investigation activities on water resources

1. The Ministry of Natural Resources and Environment shall assign the National Water Resources Management Agency to organize and implement the review and acceptance of the results of projects as stipulated in Article 20 of this Circular which are organized and implemented by the Ministry of Natural Resources and Environment.

2. The People's Committee of the province shall assign the Department of Natural Resources and Environment to organize and implement the review and acceptance of the results of projects as stipulated in Article 20 of this Circular which are organized and implemented by the People's Committee of the province.

3. The agency assigned to organize the review and acceptance as stipulated in Clauses 1 and 2 of this Article (hereinafter referred to as the organizing agency for review and acceptance) shall have the responsibility to review and accept the results of basic investigation projects on water resources in accordance with the principles prescribed in Clause 3, Article 19 of this Circular and the following responsibilities:

a) Decide on the form of review and acceptance according to Article 22 of this Circular;

b) Receive the review and acceptance files;

c) Organize the implementation of review and acceptance according to the contents prescribed in Article 24 of this Circular;

d) Monitor the project implementation process and organize field surveys and verifications (if necessary) to serve the review and acceptance of results;

đ) Send the report on the review and acceptance results to the approving authority and the final settlement agency of the completed project and the main implementing agency of the project;

e) Fulfill other responsibilities as prescribed.

4. Responsibilities of the main implementing agency of the project:

a) Submit the file requesting review and acceptance to the agency assigned to organize the review and acceptance;

b) Provide information about the project implementation plan to the organizing agency for review and acceptance to monitor during the project implementation process to serve the review and acceptance of the project results; supplement information and documents when requested by the organizing agency for review and acceptance;

c) Be responsible for the information, data, and project implementation results;

d) Accept and explain according to the requirements of the organizing agency for review and acceptance;

đ) Coordinate with the organizing agency for review and acceptance and the assigned reviewing unit during the review and acceptance process;

e) Archive and update the project implementation results into the national water resources information system and database;

g) Fulfill other responsibilities as prescribed.

Article 22. Forms of review and acceptance of basic investigation activity results on water resources

The organizing agency for review and acceptance decides to choose one of the following forms of review and acceptance:

1. Review and acceptance board.

2. Assigning the review task to subordinate agencies or hiring consulting units for review in accordance with the law (hereinafter referred to as the assigned reviewing unit) and accepting the results of implementation.

3. Soliciting opinions from specialized agencies, relevant units, and experts on review and accepting the results of implementation.

Article 23. Procedures and Time for Review and Acceptance

1. Receiving and Examining the Review and Acceptance File:

The agency responsible for review and acceptance as stipulated in Article 21 of this Circular shall receive and examine the completeness and validity of the components of the file submitted for review and acceptance. The components of the file for review and acceptance are specified in Article 25 of this Circular.

In cases where the file is incomplete or invalid, the agency responsible for review and acceptance shall issue a document requesting supplementary information and notify the competent authority implementing the project of the reasons for supplementation and completion. If the file is complete and valid, the agency responsible for review and acceptance shall proceed with the review and acceptance according to Clauses 2, 3, 4, and 5 of this Article.

2. Conducting the Review and Acceptance:

a) For the form of establishing a review and acceptance committee as provided for in Clause 1, Article 22 of this Circular, the agency responsible for review and acceptance shall issue a decision to establish the review and acceptance committee according to Model No. 12 issued together with this Circular.

The composition of the review and acceptance committee includes: Chairperson, Vice-Chairperson, Secretary, and some members from relevant functional units, and experts with appropriate expertise (if necessary).

Holding a meeting of the review and acceptance committee: Only takes place when at least two-thirds (two-thirds) of the committee members are present, including the Chairperson or Vice-Chairperson and at least one opposing member. Committee members provide their opinions on the review and acceptance according to Model No. 13 issued together with this Circular.

The organization of the meeting of the review and acceptance committee is conducted in person, online, or a combination of both.

At the conclusion of the review and acceptance committee, a record must be established according to Model No. 14 issued together with this Circular. The agency responsible for review and acceptance shall issue a document requesting the competent authority implementing the project to supplement and complete the file according to the committee's record.

b) For the form of review and acceptance as provided for in Clause 2, Article 22 of this Circular, the unit assigned to conduct the review shall perform the review according to the contents specified in Point a and Point b, Clause 1, Article 24 of this Circular and submit the report on the review results according to Model No. 15 issued together with this Circular to the agency responsible for review and acceptance for consideration of acceptance of the project implementation results.

The agency responsible for review and acceptance shall issue a document requesting the competent authority implementing the project to supplement and complete the file according to the review result report of the assigned unit.

c) For the form of review and acceptance as provided for in Clause 3, Article 22 of this Circular, the agency responsible for review and acceptance shall compile the opinions of the reviewing agencies, units, and related experts, and send them to the competent authority implementing the project for supplementation and completion of the file.

During the process of conducting the review and acceptance (if necessary), the agency responsible for review and acceptance shall seek the opinions of the Department of Natural Resources and Environment where the project is located for projects organized by the Ministry of Natural Resources and Environment; and seek the opinions of the Water Resources Management Agency for projects organized by provincial People's Committees.

3. The project implementing agency shall supplement and complete the file according to Clause 2 of this Article and submit it to the agency responsible for review and acceptance for re-examination and acceptance of the project.

If the file has not been supplemented and completed to meet the review requirements, the agency responsible for review and acceptance shall issue a document requesting the competent authority implementing the project to continue to supplement and complete the file.

If the file meets the conditions for acceptance of the results, the agency responsible for review and acceptance shall issue a record according to Model No. 16 issued together with this Circular.

4. The agency responsible for review and acceptance of the project shall send the file of the review and acceptance results to the agency organizing the basic investigation project of water resources for directing the review, approval of the results, and settlement of the completed project, and to the competent authority implementing the project. The file of the review and acceptance results includes:

a) Decision to establish the review and acceptance committee or document assigning the review task to subordinate units or contract for consulting units to conduct the review according to the provisions of the law;

b) Minutes of the review committee meeting or the review report of the assigned review unit or summary table of the opinions of the reviewing agencies, units, and experts;

c) Minutes of the acceptance of the project results between the agency responsible for review and acceptance and the competent authority implementing the project;

d) Other related documents (if any).

5. On-site Survey and Verification

During the review process, if there are unclear or conflicting information and data, the agency responsible for review and acceptance shall organize an on-site survey and verification of the information and data and shall be carried out as follows:

a) The agency responsible for review and acceptance issues a decision to establish a survey and verification team.

The decision to establish the team includes: team composition, content, time, and location of the survey. The team composition includes: representatives of the agency responsible for review and acceptance; representatives of the review committee members for the case stipulated in Clause 1, Article 22 or representatives of the assigned review unit for the case stipulated in Clause 2, Article 22 or representatives of specialized units and experts for the case stipulated in Clause 3, Article 22 of this Circular; representatives of the competent authority implementing the project and other members decided by the agency responsible for review and acceptance;

b) Conducting the on-site survey and verification according to the contents specified in Point c, Clause 1, Article 24 of this Circular;

c) At the conclusion of the on-site survey and verification, a record must be established according to Model No. 17 issued together with this Circular.

6. Based on the file submitted for review and acceptance of the project results, the agency responsible for review and acceptance shall determine the time for review and acceptance to ensure it is consistent with the scale and nature of the project, the budget plan, and the acceptance and settlement schedule of the project as prescribed.

Article 24. Content and methods of review and acceptance

1. Content of review and acceptance:

a) In accordance with the project outline approved by the competent authority;

b) The completeness and reliability of information, data, and documents collected, investigated, and surveyed; the implementation of project results and products in compliance with technical regulations, standards, norms, and other relevant legal documents;

c) On-site survey and verification content: comparing, checking, verifying information, quantities, methods, and results recorded in books, construction reports, and on-site reviews with the project approved by the competent authority.

2. Methods of review and acceptance:

a) The work of reviewing basic investigation results of water resources can be conducted internally, externally, or both depending on specific items. In some cases, it may be necessary to re-perform parts of the work for comparison, verification, and evaluation of product quality against technical standards, norms, and the approved project content;

b) During the review process, equipment and technology; mathematical models and simulations; field photographs, videos, tracking records, and other related materials may be used;

c) Depending on the technological process, type of product, and software used in construction, the review can be conducted through automatic, semi-automatic, or manual methods to ensure an objective, comprehensive, and accurate assessment of product quality;

d) On-site surveys and verifications are carried out when information and data are unclear or contradictory.

Article 25. Documents for Requesting Review and Acceptance

The documents for requesting review and acceptance are submitted to the organizations authorized to conduct such reviews according to Article 21 of this Circular. The documents include:

1. A request for review and acceptance;

2. An integrated report detailing the project's results and a summary report;

3. Other products as per the approved outline;

4. Additional documents: the project outline; legal documents related to directing, approving, adjusting, and supplementing the project; documents and decisions regarding orders, contracts (if applicable); annual budget approval documents; construction files, on-site review minutes, inspection minutes (if applicable); annual acceptance files, multi-level acceptance files (if applicable); field photograph materials, videos, tracking records, and other related materials.

Article 26. Archiving and Updating Information and Project Results into the National Water Resources Information System and Database

1. After being reviewed and accepted, the leading agency of the project completes updating the information and results of the basic investigation project into the National Water Resources Information System and Database according to regulations and archives before submitting for final approval and settlement of the project according to relevant regulations.

For projects under the management of the Ministry of Natural Resources and Environment, the results must be archived at the National Water Resources Management Department according to Model No. 18 issued together with this Circular before being updated into the National Water Resources Information System and Database according to regulations.

For projects under the management of provincial People's Committees, information and basic investigation results should be updated into the National Water Resources Information System and Database according to regulations, and local archiving procedures should be followed (if applicable).

2. The update of results into the National Water Resources Information System and Database as stipulated in Clause 1 of this Article applies to projects that have completed review and acceptance after the system and database officially commence operations.

Chapter IV

IMPLEMENTING PROVISIONS

Article 27. Transitional Provisions

1. Inspection plans for compliance with water resources laws, inspection plans containing compliance inspections, and inspection teams established before the effective date of this Circular continue to implement inspections and handle inspection results until completion.

2. Projects, works, and activities of basic investigations of water resources whose project outlines were approved before the effective date of this Circular continue to be implemented according to the regulations in effect at the time of approval.

3. Where other documents issued by the Minister of Natural Resources and Environment or provincial People's Committees contain provisions different from those in this Circular, the provisions of this Circular shall apply.

Article 28. Effective Date

1. This Circular takes effect from July 1, 2024.

2. Ministries, agencies equivalent to ministries, government agencies, provincial People's Committees, units under the Ministry of Natural Resources and Environment, provincial Departments of Natural Resources and Environment, and related organizations and individuals are responsible for implementing this Circular.

3. Any difficulties encountered during implementation should be promptly reported to the Ministry of Natural Resources and Environment for study and amendment.