Circular No. 11/2007/TT-BTNMT guiding the issuance of permits for the operation of specialized meteorological and hydrological facilities

CIRCULAR

Guidelines for Issuing Licenses for Special-Purpose Meteorological and Hydrological Works

 Meteorological and Hydrological Works

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Pursuant to the Ordinance on Exploitation and Protection of Hydro-Meteorological Works dated December 2, 1994;

Pursuant to Decree No. 24/CP dated March 19, 1997 of the Government detailing the implementation of the Ordinance on Exploitation and Protection of Meteorological and Hydrological Works;

Pursuant to Decree No. 91/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

The Ministry of Natural Resources and Environment hereby provides guidelines for issuing licenses for special-purpose meteorological and hydrological works as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

These Circulars guide the issuance, extension, modification of contents, and revocation of licenses for special-purpose meteorological and hydrological works.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

a) These Circulars apply to state management agencies for meteorology and hydrology, organizations, and individuals engaged in construction, management, exploitation, and protection of meteorological and hydrological works serving specialized needs.

b) Basic meteorological and hydrological works under the management of the Ministry of Natural Resources and Environment and those serving national defense and security are not within the scope of these Circulars.

II. REGULATIONS ON THE ISSUANCE OF LICENSES FOR SPECIAL-PURPOSE METEOROLOGICAL AND HYDROLOGICAL WORKS

1. Cases Not Requiring License Application

a) Special-purpose meteorological and hydrological works with an operational period of less than twelve (12) months;

b) Rainfall measurement works;

c) Works measuring one or several meteorological and hydrological factors for geological surveys, hydropower construction, reservoir operation, port facilities, inland waterway transport.

2. Conditions for Issuing Operation Licenses for Special-Purpose Meteorological and Hydrological Works

Special-purpose meteorological and hydrological works of organizations and individuals shall be issued operation licenses when they meet the following conditions:

a) There is a decision on establishment of the organization (or business registration certificate) issued by the competent state agency, including activities related to the field of meteorology and hydrology;

b) The head of the organization or the person primarily responsible for technical matters must have appropriate professional qualifications corresponding to the requirements of each category of meteorological and hydrological works and at least one (01) year of experience in the field of meteorology and hydrology;

c) Equipment and machinery of the works must be suitable and meet the requirements for the scale of the works and labor safety according to current regulations;

d) There is a land use right certificate or a land lease contract with notarization.

3. Authority to Issue, Extend, Modify Contents, and Revoke Operation Licenses for Special-Purpose Meteorological and Hydrological Works

a) The Ministry of Natural Resources and Environment shall issue, extend, modify contents, and revoke operation licenses for special-purpose meteorological and hydrological works under the management of ministries, sectors, economic organizations, and mass organizations at the central level;

b) Provincial People's Committees and Municipal People's Committees directly under the Central Government shall issue, extend, modify contents, and revoke operation licenses for special-purpose meteorological and hydrological works under the management of provincial departments, sectoral agencies, economic organizations, mass organizations, and individuals at the local level;

c) In cases where necessary, the Ministry of Natural Resources and Environment may delegate authority to Provincial People's Committees and Municipal People's Committees directly under the Central Government to issue, extend, modify contents, and revoke operation licenses for special-purpose meteorological and hydrological works under the management of ministries, sectors, economic organizations, and mass organizations at the central level.

4. Authorities Handling License Applications

a) The Department of Meteorology and Hydrology under the Ministry of Natural Resources and Environment is the authority handling license applications for cases within the licensing authority of the Ministry of Natural Resources and Environment;

b) Departments of Natural Resources and Environment are the authorities handling license applications for cases within the licensing authority of Provincial People's Committees and Municipal People's Committees directly under the Central Government.

5. Responsibilities of Authorities with Licensing Authority to Issue, Extend, Modify Contents, and Revoke Operation Licenses for Special-Purpose Meteorological and Hydrological Works

a) Examine and decide on issuing, extending, modifying contents, and revoking operation licenses for special-purpose meteorological and hydrological works;

b) Notify organizations and individuals in writing of the reasons for refusal to issue, extend, or modify contents of the license;

c) Conduct regular and spot inspections of the operations of special-purpose meteorological and hydrological works.

6. Rights and Obligations of License Holders

a) The license holder has the following rights:

- To operate according to the contents recorded in the license;

- To be protected by the State in accordance with the rights and legitimate interests specified in the license;

- To request the licensing authority to extend, modify contents, and reissue the license in accordance with regulations;

- To lodge complaints and initiate legal actions against violations of their rights and legitimate interests during the operation of special-purpose meteorological and hydrological works in accordance with the law.

b) The license holder has the following obligations:

- To be responsible for the contents of the application for issuance, modification of contents, and extension of the operation license for special-purpose meteorological and hydrological works;

- To be responsible for the activities of special-purpose meteorological and hydrological works in accordance with the contents recorded in the license and relevant laws on meteorology and hydrology;

- To manage, store, and use meteorological and hydrological data extracted from their own works in accordance with Decree No. 24/CP dated March 19, 1997 of the Government and other relevant current regulations;

- To pay fees for reviewing applications and license issuance fees; compensate for damages caused by themselves during the operation process in accordance with the law;

- Before December 15 each year, report to the authority handling the license application about the results of the operation of the works according to Model No. 9 attached to these Circulars.

7. Validity Period of the License

The validity period of the operation license for special-purpose meteorological and hydrological works is ten (10) years and can be extended multiple times, with each extension being five (05) years.

8. Extension of the License

The extension of the operation license for special-purpose meteorological and hydrological works is based on the conditions stipulated in Clause 2 Section II of these Circulars and the following conditions:

a) During the course of operation, the organization or individual granted the permit fulfills all obligations stipulated in point b, Clause 6, Section II of this Circular; does not violate the provisions of the permit and relevant laws on meteorology and hydrology;

b) At the time of submitting the application for extension, the issued permit must still be valid for at least thirty (30) days;

c) Applications for permit extension submitted after the deadline specified in point b of this clause shall not be approved. The organization or individual that has been granted the permit must submit a new application for issuance of a permit.

9. Amendment of Permit Content

The amendment of permit content will be considered in cases where the organization or individual that has been granted the permit requests to change the scale of the project, or the issuing authority decides to change the scale of the project due to the organization or individual no longer meeting the operational conditions of the project as stipulated in the issued permit.

10. Suspension of Permit Effectiveness

a) The permit shall be suspended in the following cases:

- The project owner violates the contents prescribed in the permit;

- The project owner transfers the permit without authorization.

b) The duration of the suspension of the permit's effectiveness shall be determined by the issuing authority. During the period of suspension, the permit holder shall not have any rights or obligations related to the permit.

11. Revocation of Permit

The revocation of the permit shall be carried out in the following cases:

a) The organization, as the project owner, is dissolved or declared bankrupt by the court;

b) The permit was issued but not used continuously for twelve (12) months without permission from the competent authority;

c) The project owner violates the decision suspending the permit's effectiveness;

d) The permit was issued beyond the authority's jurisdiction.

12. Return of Permit

a) In case there is no need to use the permit, the project owner has the right to return the permit and provide a written explanation of the reasons to the issuing authority;

b) A project owner who has returned the permit may only be considered for a new permit after one (01) year from the date of returning the permit.

13. Termination of Permit Effectiveness

a) The permit shall be terminated in the following cases:

- The permit is revoked;

- The permit has expired without renewal;

- The permit has been returned.

b) When the permit is terminated, all rights and obligations related to the permit also cease.

III. PROCEDURES FOR ISSUANCE, EXTENSION, AMENDMENT OF CONTENT, AND REISSUANCE OF PERMITS

1. Organizations or individuals named in the application for permit issuance

a) In cases where there is no dedicated meteorological and hydrological facility, the investor shall name themselves in the application for permit issuance and submit it to the authority handling the application during the investment implementation phase;

b) In cases where a dedicated meteorological and hydrological facility is already in operation but lacks a permit, the organization or individual managing the facility shall name themselves in the application for permit issuance.

2. Documents for applying for a permit

The application for permit issuance includes:

a) An application form for issuance of a permit for the operation of a dedicated meteorological and hydrological facility according to Model No. 1 attached to this Circular;

b) A detailed report on the purpose and requirements of constructing and the scale of the dedicated meteorological and hydrological facility;

c) A certified copy of the professional certificates or qualifications of the technical supervisor or individual;

d) Certificate of land use rights or lease agreement for the facility with certification;

đ) Project documentation.

- For meteorological facilities:

+ Topographic sketch (or detailed description) of the surrounding area within a radius of 500 meters around the facility;

+ Layout plan of the facility (observation garden, office building);

+ Height of atmospheric pressure measuring equipment (if applicable);

+ Description of the impact of obstructions on the facility.

- For hydrological facilities:

+ Sketch of the river section (lake, canal, creek) where the facility is located;

+ Layout plan (measurement facility, office building);

+ Elevation used (national or assumed).

3. Procedures for Issuance of Permits

a) Submission of the application dossier

- For projects under the Ministry of Natural Resources and Environment:

The organization or individual named in the application for permit issuance shall submit two (02) sets of applications to the Department of Meteorology and Hydrology under the Ministry of Natural Resources and Environment and send one (01) set to the Department of Natural Resources and Environment at the location of the project.

- For projects under the People's Committee of provinces and centrally-administered cities:

The organization or individual named in the application for permit issuance shall submit two (02) sets of applications to the Department of Natural Resources and Environment at the location of the project.

b) Receipt of Application

The authority receiving the application is responsible for checking the completeness and validity of the application in accordance with Clause 2, Section III of this Circular within five (5) working days from the date of receipt of the application for permit issuance. If the application is incomplete or invalid, the authority shall notify the organization or individual in writing to complete the application in accordance with the regulations.

c) Review of Application

- Within twenty (20) working days from the date of receipt of a complete and valid application, the authority handling the permit application shall be responsible for reviewing and presenting the application to the competent authority for a decision on permit issuance; if the application does not meet the conditions for issuance, the application shall be returned and the organization or individual notified in writing of the reasons for non-issuance;

- The review of the application includes:

+ Legal basis for the application for issuance of a permit for the operation of a dedicated meteorological and hydrological facility;

+ Detailed report on the purpose and requirements of constructing and the scale of the dedicated meteorological and hydrological facility;

+ Documentation of the dedicated meteorological and hydrological facility;

+ Rationality of the selection of the site and layout of the facility.

- In cases where a field inspection is necessary, the organization or individual applying for the permit shall be responsible for providing information related to the inspection upon request of the authority receiving the application;

- Within ten (10) working days from the date of receipt of a copy of the application for permit issuance, the Department of Natural Resources and Environment shall be responsible for notifying its opinion on the permit issuance application for cases reviewed by the Department of Meteorology and Hydrology.

d) Decision on Permit Issuance

Within no more than three (03) working days from the date of receiving the file for issuing the permit, the competent authority deciding to issue the operation permit for dedicated meteorological and hydrological works (according to Model No. 2 or No. 3 attached to this Circular); in case of refusal to issue the permit, it must notify in writing, stating clearly the reasons to return the file to the organization or individual requesting the issuance of the permit.

4. Procedure for extending and amending the content of the operation permit for dedicated meteorological and hydrological works

a) The file for requesting extension and amendment of the content of the permit includes:

- Request form for extension and amendment of the content of the permit according to Model No. 4 attached to this Circular;

- Report on the operation status of the dedicated meteorological and hydrological works since the issuance of the permit;

- Operation permit of the dedicated meteorological and hydrological works.

b) Submission of the file, procedure for acceptance, examination, submission for approval, and decision on extension and amendment of the content of the permit shall be carried out as stipulated in Clause 3, Section III of this Circular; specifically, the examination period and submission for extension and amendment of the content of the permit shall not exceed ten (10) working days from the date of receipt of the complete and valid file.

5. Reissuing the permit

a) The permit shall be reissued in the following cases:

- Lost;

- Torn or damaged to the extent that it cannot be used.

b) The procedure for reissuing the permit is as follows:

- The organization or individual named in the file sends the request for reissuing the permit (according to Model No. 5 attached to this Circular) and the torn or damaged permit to the agency responsible for handling the permit application;

- Within five (5) working days from the date of receipt of the request for reissuing the permit, the agency receiving the file is responsible for checking and preparing a report to submit to the competent authority for consideration of reissuing the permit. In case there is insufficient reason to reissue the permit, the agency receiving the file will notify in writing to the organization or individual with the reasons;

- In case the lost permit is found, the organization or individual is responsible for returning it to the agency responsible for handling the permit application.

IV. IMPLEMENTATION

1. Responsibilities for Implementation.

a) The People's Committee of the province or centrally governed city is responsible for directing the implementation of this Circular at the local level;

b) The Department of Natural Resources and Environment is responsible for assisting the People's Committee of the province or centrally governed city in managing, compiling, and preparing annual reports on the situation of issuing permits and implementing the operation permits of dedicated meteorological and hydrological works within the administrative management area of the locality and sending the reports to the Ministry of Natural Resources and Environment;

c) The Hydro-Meteorological Department is responsible for assisting the Ministry of Natural Resources and Environment in managing, compiling, and preparing annual reports on the situation of issuing permits and implementing the operation permits of dedicated meteorological and hydrological works nationwide.

2. Effective Date

a) This Circular takes effect fifteen (15) days from the date of publication in the Official Gazette and replaces Circular No. 757/1998/TT-TCKTTV dated August 12, 1998, issued by the Director General of the National Hydro-Meteorological Service guiding the registration of the operation of dedicated meteorological and hydrological works;

b) During the implementation process, if there are difficulties or obstacles, ministries, sectors, and localities should reflect them to the Ministry of Natural Resources and Environment for consideration and resolution./.