Circular No. 11/2022/TT-BTNMT Amending and supplementing certain articles of several circulars related to business activities within the scope of the Ministry of Natural Resources and Environment's state management functions.

CIRCULAR

Amending and supplementing certain Articles of several Circulars related to

business activities within the scope of the State management functions of

the Ministry of Natural Resources and Environment

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Pursuant to the Law on Water Resources dated June 21, 2012;

Pursuant to the Land Law dated November 29, 2013;

Pursuant to the Law on Meteorology and Hydrology dated November 23, 2015;

Pursuant to the Law on Issuance of Legal Normative Documents dated June 22, 2015; the Law Amending and Supplementing Certain Articles of the Law on Issuance of Legal Normative Documents dated June 18, 2020;

Pursuant to Decree No. 201/2013/NĐ-CP dated November 27, 2013 of the Government detailing a number of provisions of the Law on Water Resources;

Pursuant to Decree No. 43/2014/NĐ-CP dated May 15, 2014 of the Government detailing a number of provisions of the Land Law;

Pursuant to Decree No. 44/2014/NĐ-CP dated May 15, 2014 of the Government stipulating land prices;

Pursuant to Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing some provisions and measures for implementing the Law on Legislative Regulatory Documents; Decree No. 154/2020/NĐ-CP dated December 31, 2020 of the Government amending and supplementing some provisions of Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing some provisions and measures for implementing the Law on Legislative Regulatory Documents;

Pursuant to Decree No. 01/2017/NĐ-CP dated January 6, 2017 of the Government amending and supplementing some decrees detailing the implementation of the Land Law and amending and supplementing some provisions of guiding circulars for the implementation of the Land Law;

Pursuant to Decree No. 36/2017/NĐ-CP dated April 4, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Based on the proposal of the Directors of the General Departments: Land Management, Meteorology and Hydrology; the Heads of the Departments: Water Resource Management, Climate Change; and the Director of the Legal Department;

The Minister of Natural Resources and Environment promulgates this Circular amending and supplementing certain Articles of several Circulars related to business activities within the scope of the State management functions of the Ministry of Natural Resources and Environment.

Article 1. Amending and supplementing certain Articles of several Circulars related to business activities

1. Amending certain Articles of Circular No. 30/2014/TT-BTNMT dated June 2, 2014 of the Minister of Natural Resources and Environment stipulating the dossier for land allocation, land lease, change of land use purpose, and land recovery as follows:

a) Amending point a Clause 2 Article 3 as follows:

“a) Documents specified in point a Clause 1 of this Article;”

b) Amending Clause 1 Article 4 as follows:

“1. The person requesting land allocation or lease shall submit one set of documents as specified in point a Clause 1 of Article 3 of this Circular.”

c) Abolishing points c and d Clause 1 Article 3;

d) Amending Model No. 01 (Application for land allocation/land lease/permission to change land use purpose), Model No. 04 (Land Lease Contract), and Model No. 07 (Notice of Land Recovery) stipulated in Appendix I attached to this Circular.

2. Amending and supplementing Clause 1 Article 7 of Circular No. 07/2015/TT-BTNMT dated February 26, 2015 of the Minister of Natural Resources and Environment stipulating the preparation of land use plans; the dossier for land boundary demarcation; land surveying and mapping; determination of land rental prices; land allocation, lease, and issuance of land use right certificates for agricultural and forestry companies as follows:

“1. The land use plan dossier of agricultural and forestry companies shall be prepared in

one set submitted directly or via postal service to the Department of Natural Resources and Environment or through the online public service system for review. The dossier includes:

a) A comprehensive report on the land use plan and the accompanying table, prepared according to the model specified in Appendix 01 attached to this Circular;

b) A request for approval of the land use plan as specified in Appendix 12 attached to this Circular;

c) The land use plan map of the agricultural and forestry company.”

3. Amending certain Articles of Circular No. 61/2015/TT-BTNMT dated December 15, 2015 of the Minister of Natural Resources and Environment stipulating the issuance and management of land valuation certificates as follows:

a) Amending point c Clause 1 Article 3 (amended and supplemented by Clause 1 Article 6 of Circular No. 09/2021/TT-BTNMT dated June 30, 2021 of the Minister of Natural Resources and Environment amending and supplementing certain Articles of Circulars detailing and guiding the implementation of the Land Law) as follows:

“c) Page 3 printed in black ink including: the national emblem; “LAND VALUATION CERTIFICATE”; “DIRECTOR OF THE GENERAL DEPARTMENT OF LAND MANAGEMENT”; “Issued to Mr./Ms.:”; "Date of Birth:”; “Nationality:”; “ID No./Citizen Card No./Passport No./Personal Identification No.”; “Date of Issue”; “Place of Issue”; “Authorized to practice land valuation nationwide”; date, month, year of signing the Land Valuation Certificate; signatory of the Land Valuation Certificate;”

b) Amending point a Clause 2 Article 5 as follows:

“a) Submitting the application for issuance of a Land Valuation Certificate: The applicant for the Land Valuation Certificate shall submit one set of documents directly or send it via postal service to the Office of Receipt and Delivery of Administrative Procedures Results of the Ministry of Natural Resources and Environment or through the online public service system.

For electronic submission, the documents are certified electronic copies;”

c) Abolishing Article 4; point b, d Clause 1 Article 5;

d) Amending Appendix 01 (Model of Land Valuation Certificate) (replaced by Clause 9 Article 11 of Circular No. 09/2021/TT-BTNMT), Appendix 02 (Application for Issuance of Land Valuation Certificate), Appendix 03 (Certificate of Actual Working Time in Profession/Specialty), and Appendix 04 (Application for Replacement or Reissue of Land Valuation Certificate) stipulated in Appendix III issued together with this Circular.

4. Amending certain Articles of Circular No. 40/2014/TT-BTNMT dated July 11, 2014 of the Minister of Natural Resources and Environment stipulating the practice of groundwater drilling as follows:

a) Amending Clause 2 Article 11 as follows:

"2. The Department of Natural Resources and Environment under the People's Committee of the province or centrally governed city (hereinafter referred to collectively as the Department of Natural Resources and Environment) shall issue, extend, amend the content, reissue, suspend the effect, and revoke the permit for drilling underground water on a small and medium scale in accordance with point a and point b of Clause 1, Article 5 of this Circular for organizations and individuals whose place of permanent residence is within its jurisdiction."

b) Amend Article 12 and Article 13 as follows:

“Article 12. Agency for receiving, examining, and managing application files

1. The Office for Receiving and Delivering Results of Administrative Procedures of the Ministry of Natural Resources and Environment shall be responsible for receiving and delivering results of administrative procedures within the licensing authority of the Ministry of Natural Resources and Environment. The Water Resources Management Department under the Ministry of Natural Resources and Environment shall be responsible for examining and managing application files and permits within the licensing authority of the Ministry of Natural Resources and Environment.

2. The specialized agency in the field of water resources under the Department of Natural Resources and Environment (hereinafter referred to as the specialized agency in the field of water resources) shall be responsible for receiving, examining, and managing application files and permits within the licensing authority of the Department of Natural Resources and Environment. In cases where localities have established a One-Stop Service Center or a Public Service Center, the application files and delivery of results shall be conducted through the One-Stop Service Center or the Public Service Center.

Article 13. Licensing Procedure and Formalities

1. The application file for obtaining a permit for drilling underground water includes:

a) An application form for obtaining a permit for drilling underground water (in accordance with Form No. 01 issued together with this Circular);

b) A certified copy or a photocopied copy with confirmation from the issuing authority of the qualification certificate of the person primarily responsible for technical matters in accordance with the law and labor contract for organizations and individuals applying for a permit who enter into a labor contract with the person primarily responsible for technical matters; if only a photocopied copy is available, it must be accompanied by the original for verification;

c) A declaration of professional experience in underground water drilling activities of the person primarily responsible for technical matters of the organization or individual applying for a permit (in accordance with Form No. 02 issued together with this Circular).

2. Submission of Application File:

a) Organizations and individuals applying for a permit shall submit one set of application files directly or send them via postal service or submit electronic copies through the online public service system to the agency handling the application files;

b) For applications submitted electronically, the application file components to be submitted are certified electronic copies.

3. Receipt of application files:

Within three working days from the date of receipt of the application file, the agency handling the application files shall be responsible for reviewing and checking the completeness and validity of the application file. If the application file for obtaining a permit is incomplete or invalid, the agency handling the application files shall return the file and notify in writing the organization or individual applying for a permit to supplement and complete the application file in accordance with regulations.

4. Examination of Application Files:

a) Within fifteen days from the date of receipt of a complete and valid application file, the agency handling the application files shall be responsible for examining the application file and submitting it to the competent authority for decision-making on granting a permit; if the application file does not meet the conditions for granting a permit, the agency shall return the file and notify in writing the reasons for not granting the permit to the organization or individual applying for a permit;

b) The examination of application files includes:

Legal basis for requesting a permit for drilling operations; compliance with the conditions for conducting drilling operations as prescribed;

In case of necessity, the agency handling the application files may request the organization or individual applying for a permit to provide explanations and supplements to clarify the contents of the application file; organize on-site inspections of the conditions for conducting drilling operations and the professional technical capabilities of the organization or individual applying for a permit, or request the specialized agency in the field of water resources at the place of permanent residence of the organization or individual applying for a permit to conduct on-site inspections. The agency requested to inspect shall be responsible for inspecting and replying in writing to the agency handling the application files within seven working days from the date of receipt of the inspection request.

5. Decision on Granting a Permit:

a) Within three working days from the date of receipt of the application file for submission for a permit, the competent authority for granting a permit shall decide to issue a permit for drilling operations (in accordance with Form No. 03 issued together with this Circular). If the permit is not granted, within two working days, the agency handling the application files shall notify in writing the organization or individual applying for a permit, specifying the reasons for not granting the permit;

b) The issued permit shall be handed over directly to the organization or individual applying for a permit at the agency handling the application files or sent via postal service after the permit holder has paid all fees and charges as prescribed.”

"1. Documents for requesting extension and adjustment of the content of the groundwater drilling operation permit include:

a) An application form for extending or amending the content of a permit for drilling underground water (in accordance with Form No. 04 issued together with this Circular);

b) A summary table of underground water drilling projects carried out by the organization or individual during the period of using the issued permit (in accordance with Form No. 05 issued together with this Circular);

c) In cases where an extension of the permit is requested and there is a change in the person primarily responsible for technical matters, in addition to the documents specified in points a and b of this clause, the application file for extending the permit shall also include:

A certified copy or a photocopied copy with confirmation from the issuing authority of the qualification certificate of the person primarily responsible for technical matters in accordance with the law and labor contract for organizations and individuals applying for a permit who enter into a labor contract with the person primarily responsible for technical matters; if only a photocopied copy is available, it must be accompanied by the original for verification.

A declaration of professional experience in underground water drilling activities of the person primarily responsible for technical matters (in accordance with Form No. 02 issued together with this Circular);

d) In the case of requesting to adjust the content of the permit, in addition to the documents specified in points a and b of this clause, the application for adjusting the content of the permit shall also include documents proving the change of place of permanent residence (in the case of changing the main office address of the organization or the place of permanent residence of the individual household practicing the profession) or documents proving the conditions meeting the scale of practice according to the regulations (in the case of requesting to adjust the scale of practice).

d) Amend Clause 2 of Article 17 as follows:

“2. The Department of Natural Resources and Environment shall be responsible for managing the issuance of permits for small and medium-scale underground water drilling operations within its jurisdiction; annually, it shall compile and report to the provincial People's Committee and the National Water Resources Management Agency on the situation of issuing permits for organizations and individuals practicing within its jurisdiction (according to Form No. 09 issued together with this Circular) before December 15 each year.”

e) Amend Form No. 01, Form No. 02, Form No. 03, Form No. 04, Form No. 06, and Form No. 07 prescribed in Appendix IV issued together with this Circular.

5. Amend some articles of Circular No. 09/2016/TT-BTNMT dated May 16, 2016, of the Minister of Natural Resources and Environment regarding the preparation and review of weather modification plans as follows:

a) Amend Article 5 as follows:

“Article 5. Receiving and delivering results of the application for reviewing weather modification plans

1. The application for reviewing weather modification plans includes:

a) A request for approval of the weather modification plan prepared according to Appendix No. 02 of this Circular;

b) The weather modification plan as stipulated in Article 3 of this Circular, accompanied by the opinions of the local community directly affected;

c) For applications submitted electronically, the application consists of certified electronic copies.

2. The agency or organization applying for the review of the plan shall submit one set of the application directly or send it via postal service to the Office of Receipt and Delivery of Results of Administrative Procedures of the Ministry of Natural Resources and Environment or through the online public service system. Within two working days from the date of receipt of the application, the receiving agency shall check the application. If the application does not comply with the regulations, the receiving agency shall guide the agency or organization once in writing to supplement and complete the application; if the application complies with the regulations, the receiving agency shall issue a receipt and schedule for processing the application, and transfer the application to the agency responsible for reviewing the application.

3. Within no more than two working days from the date of receipt of the result of the application, the receiving agency shall notify the agency or organization that submitted the application to collect the result.”

b) Amend Article 9 as follows:

“Article 9. Receiving and delivering results of the application for adjusting weather modification plans

1. If the entire weather modification plan is adjusted, the application, procedures for receiving and delivering results shall be carried out in accordance with the provisions of Article 5 of this Circular.

2. If only part of the weather modification plan is adjusted:

a) The adjustment application includes a request to adjust part of the plan and a detailed report on the adjustment. For applications submitted electronically, the application consists of certified electronic copies;

b) The procedures for receiving and delivering results of the application for adjusting part of the weather modification plan shall be carried out in accordance with Clauses 2 and 3 of Article 5 of this Circular.”

c) Replace the phrase "Meteorological Hydrology and Climate Change Department" with the phrase "General Meteorological Hydrology Department" in the legal basis, Article 6, Article 7, and Article 11.

6. Amend some articles of Circular No. 15/2014/TT-BTNMT dated March 24, 2014, of the Minister of Natural Resources and Environment regarding the preparation and issuance of confirmation letters and approval letters for projects under the Clean Development Mechanism framework of the Kyoto Protocol as follows:

a) Amend Clause 4 of Article 13 as follows:

“4. Procedure for adjusting the content of the approval letter:

a) The project developer submits one set of the application directly or sends it via postal service to the Office of Receipt and Delivery of Results of Administrative Procedures of the Ministry of Natural Resources and Environment or through the online public service system;

b) Within no more than one working day, the Climate Change Department checks the completeness and validity of the application. If the application is incomplete, the Climate Change Department requests the project developer to supplement the application;

c) Within no more than eight days from the date of receipt of the application, the Climate Change Department reviews the project application and adjusts the content of the approval letter; if the adjustment is not approved, the project developer will be notified in writing of the reasons;

d) Within a maximum of one working day from the date of decision on the adjustment of the content of the approval letter, the Office of Receipt and Delivery of Results of Administrative Procedures of the Ministry of Natural Resources and Environment delivers the result to the project developer.”

b) Replace the phrase "Meteorological Hydrology and Climate Change Department" with the phrase "Climate Change Department" in the legal basis; Articles: Article 3, Article 6, Article 8, Article 9, Article 10, Article 12, Article 13, Article 15, Article 18, and Appendices: Appendix 01, Appendix 02, Appendix 05, and Appendix 06.

Article 2. Effectiveness and responsibility for implementation

1. This Circular takes effect from December 10, 2022.

2. Transitional Provisions

Investment and business conditions, and files that have been fully and properly received before this Circular takes effect shall be processed according to the provisions of the current Circulars at the time of receipt.

3. The General Department of Land Management; the General Department of Hydrology and Meteorology; the Department of Water Resources Management; the Department of Climate Change; and the Legal Affairs Department are responsible for guiding and organizing the implementation of this Circular.

4. Ministries, ministerial-level agencies, People's Committees at all levels, Departments of Natural Resources and Environment of provinces and centrally-administered cities, and related organizations and individuals are responsible for implementing this Circular./.