Circular No. 21/2011/TT-BNNPTNT Amending and supplementing certain provisions on administrative procedures in the water resources sector pursuant to Resolution No. 57/NQ-CP dated December 15, 2010

CIRCULAR

Amending and supplementing certain provisions on administrative procedures in the field of irrigation

pursuant to Resolution No. 57/NQ-CP dated December 15, 2010

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Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the tasks, functions, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Resolution No. 57/NQ-CP dated December 15, 2010 of the Government on simplifying administrative procedures within the scope of management functions of the Ministry of Agriculture and Rural Development;

The Ministry of Agriculture and Rural Development amends and supplements certain provisions on administrative procedures in the field of irrigation pursuant to Resolution No. 57/NQ-CP dated December 15, 2010 as follows:

Article 1. Amending and supplementing Decision No. 55/2004/QĐ-BNN dated November 1, 2004 of the Ministry of Agriculture and Rural Development promulgating regulations on issuing permits for activities within the protection zone of irrigation works

1. Amending and supplementing Clause 1 of Article 8, as follows:

"Article 8. Authority receiving and examining permit application files.

1. The Irrigation General Department shall be the authority assisting the Ministry of Agriculture and Rural Development in receiving and examining application files for permits for activities within the protection zone of irrigation works as specified in point a of Clause 1 and Clause 2 of Article 7 of these Regulations."

2. Amending and supplementing Article 9, as follows:

"Article 9. Application files for permit issuance.

Organizations and individuals applying for permits for activities within the protection zone of irrigation works shall submit two sets of application files (one original set and one copy set) at the authority receiving the files as stipulated in Article 8. The files shall include:

1. An application form for a permit to conduct activities within the protection zone of irrigation works according to the model (Annex 1 issued together with this Circular).

2. For each specific activity that organizations and individuals apply for, the following documents must be provided:

a) For the activities specified in Clauses 1, 2, 6, 7, 8, and 10 of Article 1 of these Regulations, including:

- Technical documents approved by competent state authorities;

- A sketch showing the location of the area where the proposed activities will take place;

- A report assessing the impact of the activity on the operation and safety of the irrigation work;

- An agreement with the organization or individual directly managing and protecting the irrigation work;

- An agreement on long-term or time-limited land use with the lawful land user;

- Environmental impact assessment report;

b) For the activities specified in Clause 3 of Article 1 of these Regulations, including:

- A sketch showing the location of the area where the proposed activities will take place;

- A report assessing the impact of the activity on the operation and safety of the irrigation work;

- An agreement with the organization or individual directly managing and protecting the irrigation work;

- An agreement on long-term or time-limited land use with the lawful land user;

c) For the activities specified in Clause 4 of Article 1 of these Regulations, including:

- An investment project approved by the competent authority;

- A sketch showing the location of the area where the proposed activities will take place;

- A report assessing the impact of the activity on the operation and safety of the irrigation work;

- An agreement with the organization or individual directly managing and protecting the irrigation work;

- An agreement on long-term or time-limited land use with the lawful land user;

- Environmental impact assessment report;

d) For the activities specified in Clause 5 of Article 1 of these Regulations, including:

- A copy of the vehicle inspection book attached with the original for verification when submitting the file;

- A sketch showing the location of the area where the proposed activities will take place;

- A report assessing the impact of the activity on the operation and safety of the irrigation work;

- An agreement with the organization or individual directly managing and protecting the irrigation work;

e) For the activities specified in Clause 9 of Article 1 of these Regulations, including:

- A notarized copy of the passport of the person conducting blasting activities as specified in Clause 9 of Article 1 of these Regulations;

- A sketch showing the location of the area where the proposed activities will take place;

- An agreement with the organization or individual directly managing and protecting the irrigation work;

- An agreement on long-term or time-limited land use with the lawful land user;

- An environmental impact assessment report."

3. Amending and supplementing Article 10, as follows:

"Article 10. Permit Issuance Procedure.

1. Organizations and individuals applying for permits for activities within the protection zone of irrigation works shall submit their application files at the authority receiving the files as stipulated in Article 8 of these Regulations.

2. Within three working days from the date of receipt of the files, the authority receiving the files shall be responsible for reviewing and checking the files; if the files are incomplete, the authority shall notify the applicant organization or individual to complete the files in accordance with the regulations.

3. Time limit for issuing permits:

a) For the activities specified in Clause 5 of Article 1:

Within seven working days from the date of receipt of complete and valid files, the authority receiving the files shall be responsible for examining the files and inspecting the site when necessary; if the conditions for issuing the permit are met, it shall submit the case to the competent authority for issuing the permit; if the conditions are not met, the authority shall return the files to the applicant organization or individual and notify the reasons for not issuing the permit.

b) For the activities specified in Clause 3 of Article 1:

Within ten working days from the date of receipt of complete and valid files, the authority receiving the files shall be responsible for examining the files and inspecting the site when necessary; if the conditions for issuing the permit are met, it shall submit the case to the competent authority for issuing the permit; if the conditions are not met, the authority shall return the files to the applicant organization or individual and notify the reasons for not issuing the permit.

c) For the activities specified in Clauses 4, 6, 7, 8, and 9 of Article 1:

Within fifteen working days from the date of receipt of complete and valid files, the authority receiving the files shall be responsible for examining the files and inspecting the site when necessary; if the conditions for issuing the permit are met, it shall submit the case to the competent authority for issuing the permit; if the conditions are not met, the authority shall return the files to the applicant organization or individual and notify the reasons for not issuing the permit.

d) For the activities specified in Clauses 1, 2, and 10 of Article 1:

Within twenty-five working days from the date of receipt of complete and valid files, the authority receiving the files shall be responsible for examining the files and inspecting the site when necessary; if the conditions for issuing the permit are met, it shall submit the case to the competent authority for issuing the permit; if the conditions are not met, the authority shall return the files to the applicant organization or individual and notify the reasons for not issuing the permit.”

4. Amending and supplementing Article 11, as follows:

"Article 11. Application Files for Permit Extension and Content Modification.

Organizations and individuals applying for extension or modification of the content of permits for activities within the protection zone of irrigation works shall submit two sets of application files (one original set and one copy set) at the authority receiving the files as stipulated in Article 8. The files shall include:

1. An application form for permit extension or content modification for activities within the protection zone of irrigation works according to the model (Annex 2 issued together with this Circular);

2. A copy of the previously issued permit;

3. Supplementary technical design documents or supplementary investment projects, safety assurance plans for water conservancy works that have been approved by competent authorities (in cases where amendments to the contents of permits are requested).

4. Agreements with organizations or individuals directly managing, operating, and protecting water conservancy works.

5. Amend and supplement Article 12 as follows:

"Article 12. Procedures for requesting extension or amendment of permit contents.

1. Organizations or individuals requesting an extension or amendment of permit contents for activities within the protected area of water conservancy works shall submit two sets of documents (one original set and one copy) at the receiving agency according to the provisions of Article 8 of this Regulation.

2. Within three working days from the date of receipt of the documents, the receiving agency shall be responsible for reviewing and checking the documents; if the documents are not valid, the receiving agency shall notify the organization or individual requesting the permit to complete the documents in accordance with the regulations.

3. Time limit for issuing extended or amended permits:

a) For activities specified in Clause 3 and Clause 5 of Article 1:

Within five working days from the date of receipt of valid documents, the receiving agency shall be responsible for examining the documents, conducting on-site inspections when necessary, and if conditions are met for extending or amending the permit contents, it shall submit to the competent authority for issuance of the extension or amendment; if conditions are not met, the receiving agency shall return the documents to the organization or individual requesting the permit and notify the reasons for not extending or amending the permit contents.

b) For activities specified in Clause 4, Clause 6, Clause 7, Clause 8, and Clause 9 of Article 1:

Within ten working days from the date of receipt of valid documents, the receiving agency shall be responsible for examining the documents, conducting on-site inspections when necessary, and if conditions are met for extending or amending the permit contents, it shall submit to the competent authority for issuance of the extension or amendment; if conditions are not met, the receiving agency shall return the documents to the organization or individual requesting the permit and notify the reasons for not extending or amending the permit contents.

c) For activities specified in Clause 1, Clause 2, and Clause 10 of Article 1:

Within fifteen working days from the date of receipt of valid documents, the receiving agency shall be responsible for examining the documents, conducting on-site inspections when necessary, and if conditions are met for extending or amending the permit contents, it shall submit to the competent authority for issuance of the extension or amendment; if conditions are not met, the receiving agency shall return the documents to the organization or individual requesting the permit and notify the reasons for not extending or amending the permit contents."

Article 2. Amend and supplement Decision No. 56/2004/QĐ-BNN dated November 1, 2004 of the Ministry of Agriculture and Rural Development on the authority and procedures for issuing discharge permits into water conservancy works systems.

1. Amend and supplement Clause 1, Article 9, as follows:

"Article 9. Agency for receiving and examining documents.

1. The General Department of Water Resources is the agency assisting the Ministry of Agriculture and Rural Development in receiving and examining documents for applications for discharge permits into water conservancy works systems, to be submitted to the Minister of Agriculture and Rural Development for consideration and decision-making on issuing discharge permits into water conservancy works systems according to the authority stipulated in Clause 1 of Article 8 of this Regulation."

2. Amend and supplement Article 10, as follows:

"Article 10. Documents for applying for a permit.

Organizations or individuals applying for a discharge permit into water conservancy works systems shall submit two sets of documents (one original set and one copy) at the receiving agency according to the provisions of Article 9 of this Regulation. The documents include:

1. Application form for a discharge permit into water conservancy works systems according to the model (Annex 3 issued together with this Circular);

2. Certified copies of business licenses of enterprises, registration certificates of individual businesses;

3. Map at a scale of 1/5,000 of the wastewater treatment area and the location of discharging wastewater into water conservancy works systems;

4. Design documents and operation procedures of the wastewater treatment system that have been approved by competent state authorities;

5. Environmental impact assessment report (for cases required to conduct environmental impact assessments under the law); report on the analysis of the expected quality of wastewater discharged into water conservancy works systems; in cases where wastewater is currently being discharged into water conservancy works systems, there must be a report on the analysis of the quality of wastewater from a laboratory or a quality control center meeting standards from the Ministry level or higher;

6. Certified copies of land use rights certificates for the area where the wastewater treatment system is located."

3. Amend and supplement Article 11, as follows:

"Article 11. Procedures for issuing permits.

1. Organizations or individuals applying for a discharge permit into water conservancy works systems shall submit documents at the receiving agency according to the provisions of Article 9 of this Regulation.

2. Within three working days from the date of receipt of the documents, the receiving agency shall be responsible for reviewing and checking the documents; if the documents are not valid, the receiving agency shall notify the organization or individual requesting the permit to complete the documents in accordance with the regulations.

3. From the date of receipt of valid documents, within thirty (30) working days, the receiving agency shall be responsible for examining the documents, conducting on-site inspections when necessary, and if sufficient grounds exist for issuing the permit, it shall submit to the competent authority for issuance of the permit; if conditions are not met for issuing the permit, the receiving agency shall return the documents to the organization or individual requesting the permit and notify the reasons for not issuing the permit."

4. Amend and supplement Article 12, as follows:

"Article 12. Documents for requesting an extension of use or amendment of permit contents.

Organizations or individuals requesting an extension or amendment of discharge permit contents into water conservancy works systems shall submit two sets of documents (one original set and one copy) at the receiving agency according to the provisions of Article 9. The documents include:

1. Application form for an extension of use or amendment of discharge permit contents into water conservancy works systems according to the model (Annex 4 issued together with this Circular);

2. A copy of the wastewater discharge permit into the waterworks system that has been issued;

3. Supplementary design documents and operational procedures for the wastewater treatment system that have been approved by the competent state agency (in cases of amending the content of the permit);

4. A report on wastewater quality analysis from a laboratory or a water quality testing center meeting standards at the Ministry level or higher (in cases of requesting to extend the use of the permit). A report on the expected quality of wastewater to be discharged into the waterworks system (in cases of requesting to amend the content of the permit).

5. Amend Article 13 as follows:

"Article 13. Procedures for extending and amending the content of the permit.

1. Organizations and individuals requesting to extend the use or amend the content of the wastewater discharge permit into the waterworks system shall submit the application dossier to the receiving agency in accordance with Article 9 of this Regulation. In cases of requesting an extension, they must submit the dossier three (3) months before the expiration date of the previously issued permit.

2. Within three working days from the date of receipt of the documents, the receiving agency shall be responsible for reviewing and checking the documents; if the documents are not valid, the receiving agency shall notify the organization or individual requesting the permit to complete the documents in accordance with the regulations.

3. From the date of receipt of a complete and valid dossier, within fifteen working days, the receiving agency shall be responsible for reviewing the dossier, conducting on-site inspections if necessary, and if there are sufficient grounds for extension or amendment of the permit content, it shall submit the dossier to the competent authority for approval of the extension or amendment of the permit; in cases where the conditions for extension or amendment of the permit are not met, the receiving agency shall return the dossier to the organization or individual requesting the extension or amendment and notify the reasons for not granting the extension or amendment of the permit content."

Article 3. Implementation Provisions

1. This Circular shall take effect 45 days from the date of signature.

2. The Director General of the Water Resources Administration, the Head of the Ministry's Office, the Director of the Legal Department, the Heads of units under the Ministry, and related organizations and individuals are responsible for implementing this Circular./.