Decree No. 136/2018/ND-CP Amending Certain Articles of Related Decrees Pertaining to Investment Business Conditions in the Natural Resources and Environment Sector

DECREE

Amending certain articles related to conditions for investment and business activities in the field of natural resources and environment

Article 1. Amending and abolishing certain points and clauses of Articles of Decree No. 43/2014/NĐ-CP dated May 15, 2014 of the Government detailing implementation of certain provisions of the Land Law

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

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

Pursuant to the Environmental Protection Law on June 23, 2014;

The Government issues this Decree on management and development of industrial clusters.

On the basis of the Law on Water Resources dated June 21, 2012;

Pursuant to the Law on Minerals dated November 17, 2010;

On the basis of the Investment Law dated November 26, 2014;

At the proposal of the Minister of Natural Resources and Environment;

The Government promulgates a Decree amending certain provisions of Decrees related to investment conditions in the natural resources and environment sector.

"1. Organizations of public service and enterprises may conduct land surveys and assessments when meeting the following conditions:

a) Having the function of conducting land surveys and assessments for state-owned public service organizations;

b) Having at least two individuals meeting the conditions stipulated in Clause 2 of this Article.

2. Individuals conducting land surveys and assessments in organizations with the function of conducting land surveys and assessments shall meet the following conditions:

a) Having a university degree or higher in land management, cadastral science, soil science, pedology, environmental science, or other relevant fields related to land surveys and assessments;

b) Having at least thirty months of work experience in land resource management or land surveys and assessments.

3. Organizations conducting soil sample analysis must have a soil analysis laboratory or lease a soil analysis laboratory certified by competent state authorities."

2. Amending Clause 1 and Clause 2 of Article 5b as follows:

2. Public service organizations and enterprises may engage in construction of land databases when meeting the following conditions:

a) Having the function of constructing land databases for state-owned public service organizations;

b) Having at least five individuals for county-level land database construction activities, having at least ten individuals for provincial-level land database construction activities and central-level land database construction activities, all meeting the conditions stipulated in Clause 3 of this Article."

3. Amending Point b Clause 1 of Article 10 as follows:

"b) Having at least two individuals meeting the conditions stipulated in Clause 2 of this Article."

4. Abolishing Point a Clause 3 of Article 5b, deleting the third bullet point under Point a Clause 5 of Article 5b, Point a Clause 2 of Article 10.

Article 2. Amending certain clauses of Article 20 of Decree No. 44/2014/NĐ-CP dated May 15, 2014 of the Government on land valuation

1. Amend Clause 2 as follows:

b) Holding a Valuation Expert Card or Real Estate Valuation Certificate and a Certificate of Completion of Land Valuation Training Course according to the land valuation training program issued by the Ministry of Natural Resources and Environment."

a) Having a Land Valuation Certificate issued in accordance with the laws on land;

"3. Individuals eligible for issuance of a Land Valuation Certificate must meet the following conditions:

2. Amend Clause 3 as follows:

a) Having a university degree or higher in land management, cadastral science, real estate, price appraisal, valuation, economics, finance, accounting, auditing, banking, economic-engineering, engineering, law;

b) Having at least thirty-six months of practical work experience in the field of study after graduation as specified in Point a of this Clause up to the date of submission of the application for issuance of the Land Valuation Certificate;

c) Holding a Certificate of Completion of Land Valuation Training Course according to the land valuation training program issued by the Ministry of Natural Resources and Environment."

c) Hold a Certificate of Completion for a course on land valuation in accordance with the land valuation training program issued by the Ministry of Natural Resources and Environment.

Article 3. Amend and abolish certain points and clauses of Articles of Decree No. 127/2014/ND-CP dated December 31, 2014 of the Government stipulating conditions for organizations operating environmental monitoring services.

1. Amend Clause 1 of Article 8 as follows:

"1. Having a Decision on Establishment or a Certificate of Scientific and Technological Activities or a Business Registration Certificate issued by a competent state management agency."

2. Amend Point d of Clause 3 of Article 8 as follows:

"d) Having a workplace with sufficient special area to ensure the quality of field environmental monitoring work."

3. Amending Clause 1 of Article 9 as follows:

"1. Having a Decision on Establishment or a Certificate of Scientific and Technological Activities or a Business Registration Certificate issued by a competent state management agency."

4. Amend Point c of Clause 2 of Article 9 as follows:

"c) The laboratory manager must have a university degree or higher in one of the following fields: chemistry, environment, biology, soil science, nuclear physics, radiation, geography, geology, and must have at least four years of experience for those with a bachelor's degree, three years for those with a master's degree, and one year for those with a doctoral degree in the field of environmental analysis;"

5. Amend Points e and g of Clause 3 of Article 9 as follows:

"e) Having a workplace and working area to carry out environmental analysis activities and ensuring good maintenance of laboratory environmental conditions (lighting, power supply, humidity, temperature, sterilization, ventilation) according to the requirements of the analytical method prescribed by a competent state agency or the manufacturer;

g) Having measures to protect the environment and strictly comply with regulations on the management, collection, and disposal of laboratory waste as prescribed by law."

6. Abolish Point a of Clause 2 of Article 8; Point d of Clause 3 of Article 8; Point a of Clause 2 of Article 9; Point d of Clause 3 of Article 9.

Article 4. Abolish Article 9 and Article 13 of Decree No. 18/2015/ND-CP dated February 14, 2015 of the Government detailing certain provisions and implementing measures for regulations on environmental protection planning, strategic environmental assessment, environmental impact assessment, and environmental protection plans.

Article 5. Abolish Point d of Clause 5 of Article 22 of Decree No. 19/2015/ND-CP dated February 14, 2015 of the Government detailing certain provisions for implementation of some articles of the Law on Environmental Protection.

Article 6. Amend and abolish certain points of Articles of Decree No. 38/2015/ND-CP dated April 24, 2015 of the Government on waste and scrap management.

1. Amend Point a of Clause 5 of Article 9 as follows:

"a) A hazardous waste treatment facility must have at least one person responsible for management and operation; and at least one person providing technical guidance with expertise in a relevant field such as environment or chemistry;"

2. Abolish Point c of Clause 5 of Article 9, the fourth bullet point under Point a, and Points a and d of Clause 1 of Article 56.

Article 7. Amend and abolish certain articles of Decree No. 60/2016/ND-CP dated July 1, 2016 of the Government stipulating certain conditions for investment and business operations in natural resources and environmental sectors.

"Article 4. Conditions for obtaining a permit to operate underground water drilling.

Organizations and individuals engaged in underground water drilling must meet the following conditions:

1. Having a decision on establishment from a competent authority or one of the types of business registration certificates, combined business registration and tax registration certificates, or business registration certificates for organizations or business registration certificates for individual households issued by a competent authority.

2. The head of the organization (Director or General Director) or the person primarily responsible for technical matters of the organization or individual engaged in drilling (hereinafter referred to as the primary technical responsibility holder) must meet the following conditions:

a) For small-scale underground water drilling operations:

Having a diploma or higher in geological sciences (geological exploration, hydrogeology, engineering geology, geotechnology), drilling, or being a skilled driller with a level 3/7 or higher; having directly participated in designing, preparing reports, or conducting drilling on at least three underground water drilling projects.

In cases where none of the aforementioned diplomas are available, having directly conducted at least five underground water drilling projects.

b) For medium-scale underground water drilling operations:

Having a diploma or higher in geological sciences (geological exploration, hydrogeology, engineering geology, geotechnology), drilling; having directly participated in preparing feasibility studies, exploration reports, designing extraction systems, or directing drilling on at least three underground water drilling projects with a flow rate of 200 cubic meters/day-night or more.

c) For large-scale underground water drilling operations:

Having a bachelor's degree or higher in geological sciences (geological exploration, hydrogeology, engineering geology, geotechnology), drilling; having directly participated in preparing feasibility studies, exploration reports, designing extraction systems, or directing drilling on at least three underground water drilling projects with a flow rate of 3,000 cubic meters/day-night or more."

"2. Having a team of professionals participating in project feasibility studies, reports that meet the following conditions:

a) For basic investigation project feasibility studies and resource planning: having a professional structure meeting the provisions of Article 6 of this Decree, and the technical supervisor meeting the provisions of Article 7 of this Decree;

b) For feasibility studies and reports in the application for a resource exploitation permit: having a professional structure meeting the provisions of Article 8 of this Decree".

"Article 6. Conditions for the professional staff of organizations participating in implementing basic investigation projects and water resource planning advisory projects

There must be staff trained in relevant majors related to surface water, seawater (hydrology, oceanography, engineering hydrology, environmental hydrology, water resources technology), groundwater (geology, hydrogeology, engineering geology, drilling exploration, geophysics, geotechnical engineering), environment (environmental science, environmental technology, environmental engineering, environmental management), water resources management, or other majors related to water resources. The structure of professional staff must be appropriate to the specific content of each basic investigation project on water resources; planning project for water resources.

"b) Work experience: At least three (3) years of experience in basic investigation activities of water resources, planning water resources, or participation in at least two (2) basic investigation projects and planning water resources projects."

"b) Work experience: At least five (5) years of experience in basic investigation activities of water resources, planning water resources, or participation in at least three (3) basic investigation projects and planning water resources projects."

"1. Professional staff: there must be staff trained in majors specified in Clause 2 of this Article."

"3. Work experience: the technical person in charge of the project, report must have directly participated in establishing at least three (3) projects, reports;"

"2. Work experience: has been the technical person in charge of at least five (5) projects, reports"

9. Amend Point d Clause 1 Article 14 as follows:

"d) For hazardous mineral exploration projects, there must be at least one (1) year of participation in construction as geological technical staff in hazardous mineral exploration projects or having served as the head of one (1) hazardous mineral exploration project from project establishment to final report approval."

10. Amend Clause 3 Article 14 as follows:

"3. In the same period, the head of a hazardous mineral exploration project can only undertake responsibility for a maximum of two (2) hazardous mineral exploration projects."

11. Amend Article 31 as follows:

"Article 31. Conditions for issuing permits for hazardous waste treatment

Organizations and individuals applying for hazardous waste treatment permits must meet the conditions stipulated in Article 9 of Decree No. 38/2015/NĐ-CP dated April 24, 2015 of the Government on waste and scrap management, and technical requirements and management procedures related to hazardous waste treatment permit conditions including:

1. Means and equipment for storing, transporting, and treating hazardous waste (including preliminary processing, recycling, co-processing, energy recovery from hazardous waste) must comply with technical requirements and management procedures specified in Appendix V issued together with this Decree.

2. Hazardous waste transport means must have a satellite positioning system (GPS) connected to an online information network to determine location and record the transportation route of hazardous waste.

3. One means or equipment may only be registered for one hazardous waste treatment permit, except for sea, rail, and air transport means.

4. Environmental protection facilities at hazardous waste treatment sites and hazardous waste transfer stations (if any) must comply with technical requirements and management procedures specified in Appendix V issued together with this Decree.

5. Organizations and individuals applying for hazardous waste treatment permits must establish simplified or diagrammatic guidance charts regarding safe operation procedures stipulated in Clauses 6, 7, and 8 of Article 9 of Decree No. 38/2015/NĐ-CP dated April 24, 2015 of the Government on waste and scrap management, with suitable sizes and installed in convenient locations for observation on transport means, within treatment facilities, and hazardous waste transfer stations (if any).

12. Repeal Clause 4 and Clause 5 of Articles 5, 10, 15, 16, 26, 27, 28, 29, and 30.

Article 8. Amending and Repealing Certain Points and Clauses of Articles of Decree No. 104/2009/NĐ-CP dated November 9, 2009 of the Government on the List of Hazardous Goods and the Transport of Hazardous Goods by Road Motor Vehicles

1. Amend Point c Clause 2 Article 10 as follows:

"The Ministry of Industry and Trade shall establish and supplement regulations on types of gasoline, diesel fuel, natural gas; hazardous chemicals and dangerous chemicals;"

2. Repeal Point d Clause 2 Article 10 and Clause 5 Article 18.

Article 9. Amending Certain Clauses of Articles of Decree No. 201/2012/NĐ-CP dated November 27, 2012 of the Government detailing the implementation of certain provisions of the Law on Water Resources

1. Amend Clause 2 Article 14 as follows:

"2. Organizations and individuals constructing groundwater exploration works must meet all conditions for groundwater drilling operations and must be granted a drilling operation permit by the competent state authority."

2. Amend Clause 2 Article 20 as follows:

"2. There must be a project or report that is consistent with the approved water resources plan or consistent with the water source's capacity and wastewater reception capacity if there is no water resources plan. The project or report must be prepared by organizations or individuals who have sufficient qualifications according to the regulations; information and data used to prepare the project or report must be complete, clear, accurate, and truthful."

1. Amend Clause 1 as follows:

"1. It shall be a business or public service unit with functions and tasks related to surveying and mapping activities."

2. Amend Point a Clause 2 as follows:

"a) The technical person in charge of surveying and mapping must have a bachelor's degree or higher in surveying and mapping, with at least 05 (five) years of practical experience relevant to at least one activity of surveying and mapping of the organization applying for the permit, and cannot simultaneously be the technical person in charge of surveying and mapping of another organization;"

Article 11. Amending Clause 3 Article 9 of Decree No. 38/2016/NĐ-CP dated May 15, 2016 of the Government detailing certain provisions of the Law on Meteorology and Hydrology

"3. There must be a minimum workforce of 01 (one) person with a bachelor's degree or higher in meteorology and hydrology and at least 03 (three) years of experience in meteorological and hydrological forecasting and warning activities."

Article 12. Transitional Provisions

1. State management agencies do not require conditions, accept, or process files for investment and business conditions and administrative procedures that have been reduced under this Decree.

2. Investment and business conditions and files accepted before this Decree takes effect shall be processed according to the current regulations of the relevant Decrees at the time of acceptance.

Article 13. Effective Date

This Decree shall take effect from the date of signature.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government, and related organizations and individuals are responsible for implementing this Decree./.