Decree No. 22/2023/NĐ-CP (1) Amends and supplements certain Articles of related Decrees concerning business operations in the field of natural resources and the environment.

DECREE

Amending and supplementing certain articles of Decrees related to business activities

in the field of natural resources and the environment

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

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

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

Pursuant to the Law on Biodiversity dated November 13, 2008;

Pursuant to the Investment Law dated June 17, 2020;

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

The Government promulgates this Decree amending and supplementing certain articles of Decrees related to business activities in the field of natural resources and the environment.

Article 1. Amend and supplement Clause 3, Article 12 of Decree No. 43/2015/NĐ-CP dated May 6, 2015 of the Government stipulates the procedures for examining and approving plans for setting boundary markers of water source protection zones for hydropower reservoirs and irrigation reservoirs as follows:

“3. The procedures for examining and approving plans for setting boundary markers of water source protection zones for hydropower reservoirs and irrigation reservoirs are as follows:

a) The organization managing and operating the reservoir shall submit directly or through postal service or via the online public service system one copy of the plan for setting boundary markers of the hydropower or irrigation reservoir protection zone to the One-stop Service Center (or the Registration and Result Delivery Unit of the Department of Natural Resources and Environment).

Within three working days from the date of receipt of the plan for setting boundary markers submitted by the organization managing and operating the reservoir, the Department of Natural Resources and Environment shall be responsible for reviewing and inspecting the plan. In case the requirements set out in Clause 2 of this Article are not met, the Department of Natural Resources and Environment shall notify the organization or individual managing and operating the reservoir to supplement and perfect the plan.

b) Within thirty working days from the date of receipt of the plan meeting the requirements set out in Clause 2 of this Article, the Department of Natural Resources and Environment shall be responsible for soliciting opinions from the Department of Industry and Trade, the Department of Agriculture and Rural Development, the People's Committee of the district where the reservoir is located, and other relevant agencies and units; if necessary, it shall request the provincial People's Committee to establish a committee to examine the plan for setting boundary markers of the reservoir protection zone.

The Department of Natural Resources and Environment shall be responsible for compiling the opinions and sending them to the organization managing and operating the reservoir for perfection. The organization managing and operating the reservoir shall be responsible for adopting and explaining the opinions, perfecting the dossier. If the conditions are met, the Department of Natural Resources and Environment shall submit the plan for approval by the provincial People's Committee; if the conditions are not met, the plan shall be returned to the organization managing and operating the reservoir with a written notification specifying the reasons.

c) Within two working days from the date the provincial People's Committee approves the plan for setting boundary markers, the agency receiving the dossier shall be responsible for notifying and delivering the results to the organization managing and operating the reservoir either directly at the One-stop Service Center (or the Registration and Result Delivery Unit of the Department of Natural Resources and Environment) or through postal service or via the online public service system.”

Article 2. Amending and supplementing certain contents of Decree No. 60/2016/NĐ-CP dated July 1, 2016 of the Government stipulating certain conditions for investment and business operations in the field of natural resources and the environment

1. Amending Clause 3, Article 8 of Decree No. 60/2016/NĐ-CP dated July 1, 2016 of the Government stipulating certain conditions for investment and business operations in the field of natural resources and the environment (amended and supplemented by Clause 7, Article 7 of Decree No. 136/2018/NĐ-CP dated October 5, 2018 of the Government amending certain articles of Decrees related to investment and business conditions in the field of natural resources and the environment) as follows:

“3. Work experience: the person in charge of technical work of the project proposal or report must have at least three years of experience in the field of water resources and the environment, or have directly participated in preparing at least three project proposals or reports.”

2. Replacing the phrase "identity card, citizen identification card" with "Identity Card/Citizen Identification Card/Personal Identification Number" in Point b, Clause 2, Point a, Clause 3, Article 11, and Point d, Clause 1, Article 13.

Article 3. Amending and supplementing some articles of Decree No. 22/2012/NĐ-CP dated March 26, 2012 of the Government stipulating the auction of mineral exploitation rights

"1. At least 12 hours before the person receiving the visa at the border gate is expected to arrive at the land border international gate or at the port gate, the person handling the procedure must declare the Application for Visa Issuance at the Gate according to Form No. 03 stipulated in the Appendix attached hereto and send it through the Electronic Border Procedure Portal to the Land Border Gate Border Guard (in case of requesting a visa at the land border international gate) or send it to the Port Gate Border Guard (in case of requesting a visa at the port gate).

“1. Organizations and individuals wishing to participate in the auction of mineral exploitation rights must prepare a dossier requesting participation in the auction of mineral exploitation rights and submit it directly or through postal service or via the online public service system to the agency receiving the auction dossier as specified in Article 17 of this Decree.”

2. Amending Point b, Clause 2, Article 16 (amended by Clause 4, Article 68 of Decree No. 158/2016/NĐ-CP dated November 29, 2016 of the Government detailing the implementation of certain provisions of the Law on Minerals) as follows:

“b) Original or certified copy or copy accompanied by original for comparison or electronic copy certified from original: documents introducing capacity and experience in exploration, exploitation, and processing of minerals; financial capacity and ability to mobilize funds;”

3. Amending Point c, Clause 2, Article 16 as follows:

“c) For areas where the auction has already had mineral exploration results: organizations and individuals participating in the auction must provide the original or electronic copy signed with digital signature of the preliminary plan for exploitation, deep processing, and product consumption, and a commitment to implement the project if they win the auction;”

4. Amending Point d, Clause 2, Article 16 as follows:

“d) For areas where the auction has not yet conducted mineral exploration: organizations and individuals participating in the auction must provide the original or electronic copy signed with digital signature of the preliminary plan for investment in exploration, exploitation, deep processing, and product consumption, and a commitment to implement if they win the auction.”

5. Replacing the phrase "identity card" with "Identity Card/Citizen Identification Card/Personal Identification Number" in Clause 1, Article 20.

Article 4. Amending, supplementing, and abolishing some articles of Decree No. 158/2016/NĐ-CP dated November 29, 2016, of the Government detailing the implementation of certain provisions of the Law on Minerals

1. Amend Article 32 as follows:

“Article 32. On-site survey and surface sampling for selecting areas to prepare exploration plans for mineral resources

1. Organizations and individuals who need to conduct on-site surveys and surface sampling for selecting areas to prepare exploration plans for mineral resources must submit a document according to the model attached as Appendix III to this Decree and a survey and sampling plan to the People's Committee of the province where the mineral exploration is expected to take place, either directly, through postal service, or via online public services to the One-stop Service Center (or the Registration and Result Delivery Unit of the Department of Natural Resources and Environment).

2. Surface samples include heavy sand, metal, petrographic, mineralogical, and trench samples taken from outcrops, including trench samples from previous exploration works (if any). The quantity of each type of sample shall not exceed 50 samples; the weight of each trench sample shall not exceed 15 kg (except for stone veneer samples, whose volume shall not exceed 0.4 m³). The duration of surface sampling shall not exceed one month.

3. Within no more than ten working days from the date of receipt of the request document from organizations and individuals referred to in Clause 1 of this Article, the People's Committee of the province must issue a notification approving or disapproving the request by delivering results directly, through postal service, or via online public services. In case of disapproval, a written response with specific reasons must be provided.”

2. Abolish Clause 4 of Article 45.

3. Amend Article 47 as follows:

“Article 47. Authorities receiving applications for mineral resource exploitation permits, reserve approval documents, and mine closure documents

The authorities receiving applications for mineral resource exploitation permits, reserve approval documents, and mine closure documents are specified as follows:

1. The Office of Registration and Result Delivery for Administrative Procedures of the Ministry of Natural Resources and Environment is responsible for receiving and delivering results of administrative procedures within the authority to grant permits of the Ministry of Natural Resources and Environment.

2. The One-stop Service Center of the People's Committee of the province (or the Registration and Result Delivery Unit of the Department of Natural Resources and Environment) is the authority receiving applications for mineral resource exploitation permits, registration documents for areas and volumes of ordinary construction material mining within project construction areas, including registration documents for volumes of sand recovered from dredging projects; approval, recognition, and confirmation documents for reserves in exploration reports; mine closure documents within the authority to grant permits of the People's Committee of the province.”

4. Amend Clause 3 of Article 48 as follows:

“3. Delivering the results of application processing shall be carried out as follows:

a) For applications for mineral resource exploitation permits, including registration documents for areas and volumes of ordinary construction material mining within project construction areas, and registration documents for volumes of sand recovered from dredging projects, these shall be delivered directly at the application receiving authority or through postal service or via the online public service system based on the request of organizations and individuals;

b) For approval, recognition, and confirmation documents for reserves in exploration reports; mine closure documents, these shall be delivered directly at the application receiving authority or through postal service or via the online public service system based on the request of organizations and individuals.”

5. Amend Point b of Clause 1 of Article 49 as follows:

“b) A certified copy or a copy with the original for comparison or an electronic copy certified from the original of the Decision establishing a representative office or branch in Vietnam in the case of foreign enterprises; documents proving the capital ownership as stipulated in Article 9 of this Decree.

In the case of requesting radioactive ore exploration, the application must also include a safety assessment document issued by the Radiation and Nuclear Safety Agency under the Ministry of Science and Technology.”

6. Amend Point b of Clause 2 of Article 49 as follows:

“b) The original or a certified copy or a copy with the original for comparison or an electronic copy certified from the original: Documents implementing obligations related to exploration activities up to the time of requesting an extension of the Mineral Exploration Permit.”

7. Amend Point b of Clause 3 of Article 49 as follows:

“b) The original or a certified copy or a copy with the original for comparison or an electronic copy certified from the original: Documents implementing obligations related to exploration activities up to the time of requesting return.”

8. Amend Point b of Clause 4 of Article 49 as follows:

“b) A certified copy or a copy with the original for comparison or an electronic copy certified from the original: The Business Registration Certificate or Enterprise Registration Certificate of the organization or individual receiving the transfer of exploration rights for mineral resources; documents proving that the transferring organization or individual has fulfilled the obligations stipulated in Points b, c, d, and e of Clause 2 of Article 42; Clause 3 of Article 43 of the Law on Minerals.”

9. Abolish Clause 2 of Article 50.

10. Amend Point b of Clause 1 of Article 51 as follows:

“b) A certified copy or a copy with the original for comparison or an electronic copy certified from the original of documents proving the capital ownership as stipulated in Article 9 of this Decree.

In the case of requesting radioactive ore exploitation, the application must also include a safety assessment document issued by the Radiation and Nuclear Safety Agency under the Ministry of Science and Technology.”

11. Amend Point b of Clause 2 of Article 51 as follows:

“b) The original or a certified copy or a copy with the original for comparison or an electronic copy certified from the original: Documents proving the fulfillment of obligations stipulated in Points a, b, c, đ, e, and g of Clause 2 of Article 55 of the Law on Minerals up to the time of requesting an extension.”

12. Amend Point b Clause 3 Article 51 as follows:

"b) Original or certified copy or photocopy with original for comparison or certified electronic copy from original: Documents proving the fulfillment of obligations stipulated in points a, b, c, đ, e, and g Clause 2 Article 55 Law on Minerals up to the time of requesting return."

13. Amend point b Clause 4 Article 51 as follows:

“b) Original or certified copy or photocopy with original for comparison or certified electronic copy from original: Documents proving the fulfillment of obligations stipulated in points a, b, c, đ, and g Clause 2 Article 55 Law on Minerals up to the time of transfer by the transferring organization or individual;"

14. Amend point c Clause 4 Article 51 as follows:

“c) Certified copy or photocopy with original for comparison or certified electronic copy from original of Investment Registration Certificate or Investment Certificate (in case the transferee organization or individual is a foreign-invested enterprise).”

15. Repeal point b Clause 1 Article 52.

16. Amend point b Clause 2 Article 52 as follows:

“b) Original or certified copy or photocopy with original for comparison or certified electronic copy from original: Documents proving the fulfillment of obligations stipulated in Clause 2 Article 69 Law on Minerals up to the time of requesting extension.”

17. Amend point b Clause 3 Article 52 as follows:

“b) Original or certified copy or photocopy with original for comparison or certified electronic copy from original: Documents proving the fulfillment of obligations stipulated in Clause 2 Article 69 Law on Minerals up to the time of requesting return.”

18. Amend Clause 2 Article 54 as follows:

“2. Original or certified copy or photocopy with original for comparison or certified electronic copy from original: Decision approving the construction project of the competent authority; overall planning map of the construction area approved by the competent authority.”

19. Amend Clause 2 Article 55 as follows:

“2. The components and form of documents in the application file for adjusting the Mining License include:

a) Original: Application for adjustment of the Mining License content; Adjusted investment project according to new reserves or adjusted capacity, changed mining method, mining technology accompanied by approval decision; report on mineral exploitation results, obligations fulfilled up to the time of applying for adjustment of the Mining License content and related approval documents, permission documents for adjustment issued by the competent authority;

b) Original or certified copy or photocopy with original for comparison or certified electronic copy from original: Explanation report, accompanying drawings and decision approving the upgraded reserve exploration results by the competent state authority; related documents and materials concerning name change, organizational structure change as prescribed in point c Clause 1 of this Article.”

20. Amend point b Clause 2 Article 56 as follows:

“b) Original or certified copy or photocopy with original for comparison or certified electronic copy from original: Environmental rehabilitation plan, accompanied by approval decision; documents proving the fulfillment of obligations stipulated in points a, b, c, đ, e, and g Clause 2 Article 55 Law on Minerals up to the time of requesting mine closure.”

21. Amend point a Clause 1 Article 58 as follows:

“a) Within no more than 03 working days from the date of receiving the application file of the first organization or individual requesting mineral exploration, the receiving agency shall publicly announce the name of the organization or individual, type of minerals, and location of the proposed exploration area at the agency's headquarters and on the website of the competent licensing authority and the National Public Procurement System, Public Procurement Newspaper.”

The period for receiving and announcing the application files of other organizations or individuals for mineral exploration is 30 working days from the date of receipt of the first organization or individual’s application file for mineral exploration;

22. Amend point b Clause 2 Article 58 as follows:

“b) Within no more than 03 working days from the date of receiving the application file of the first organization or individual requesting mineral exploration, the receiving agency shall check the documents and materials in the file. If the documents and materials comply with the provisions of Clause 1 Article 47 Law on Minerals and Clause 1 Article 49 of this Decree, the receiving agency shall issue a receipt for the application file and publicly announce the name of the organization or individual, type of minerals, and location of the proposed exploration area at the agency's headquarters and on the website of the competent licensing authority and the National Public Procurement System, Public Procurement Newspaper.”

23. Amend Clause 6 Article 58 as follows:

“6. Delivering the result of the Mineral Exploration Permit issuance application file

Within 03 working days from the date of receipt of the Mineral Exploration Permit issuance application file from the competent licensing authority, the receiving agency shall notify the organization or individual requesting the Mineral Exploration Permit issuance to receive the result and fulfill related obligations as prescribed.”

24. Amend point a Clause 2 Article 59 as follows:

“a) Within no more than 38 working days from the date of receipt of the application file receipt, the receiving agency shall send the mineral exploration proposal to seek comments from some experts in specialized fields and organizations to review the content of the mineral exploration proposal. The time to respond to expert opinions shall not exceed 10 working days from the date of receipt of the request from the receiving agency.

In cases where the content of the mineral exploration proposal is complex, the receiving agency shall submit to the People's Committee of the province to establish a Technical Council to review the proposal. The time taken to decide on the establishment and convening of the Technical Council shall be included in the time for reviewing the mineral exploration proposal;”

25. Amend point b Clause 1 Article 60 as follows:

"b) Within no more than three working days, the agency receiving the file shall be responsible for checking the documents and materials in the file. In cases where the documents and materials in the file comply with the provisions of Clause 1, Article 59 of the Law on Minerals and Clause 1, Article 51 of this Decree, the agency receiving the file shall issue a receipt for the file. In cases where the file lacks the required documents and materials or contains sufficient documents and materials but their contents do not comply with the relevant legal provisions, the agency receiving the file shall guide in writing the organization or individual applying for mineral exploitation to supplement and complete the file. The issuance of guidance documents and requests for supplementation and completion of the file by the agency receiving the file shall only be carried out once."

26. Amend Point c, Clause 2, Article 60 as follows:

“c) Within no more than thirty-eight working days, the agency receiving the file must complete the examination of the documents, files, and other related matters concerning mineral exploitation and determine the fee for granting the right to exploit minerals.”

27. Amend Clause 4, Article 60 as follows:

“4. Notification and delivery of results of the application for a Mineral Exploitation Permit

Within no more than three working days from the date of receipt of the file from the competent authority issuing the permit, the agency receiving the file shall notify the organization or individual applying for a Mineral Exploitation Permit to receive the result and perform related obligations as prescribed. The time mentioned above does not include the time taken by the organization or individual exploiting minerals to process the initial payment of the exploitation right fee.”

28. Amend Point b, Clause 1, Article 63 as follows:

“b) Within no more than three working days, the agency receiving the file shall be responsible for checking the documents and materials in the file. In cases where the documents and materials in the file comply with the provisions of Article 54 of this Decree, the agency receiving the file shall issue a receipt for the file. In cases where the file lacks the required documents and materials or contains sufficient documents and materials but their contents do not comply with the relevant legal provisions, the agency receiving the file shall guide in writing the organization or individual applying for mineral exploitation to supplement and complete the file. The issuance of guidance documents and requests for supplementation and completion of the file by the agency receiving the file shall only be carried out once.”

29. Amend Clause 3, Article 63 as follows:

3. The submission of the application for a mineral exploitation permit shall be carried out as follows:

“a) Within no more than three working days from the date of completion of the tasks specified in Clause 2 of this Article, the agency receiving the file shall be responsible for completing and submitting the application for a permit to the competent authority issuing the permit;

b) Within no more than three working days from the date of receipt of the file from the agency receiving the file, the state agency with the authority to issue the permit shall decide whether to grant or deny the Mineral Exploitation Permit. In cases where the permit is not granted, a written response must be provided stating the reasons.”

30. Amend Clause 4, Article 63 as follows:

“4. Notification and delivery of results of the application for a Mineral Exploitation Permit

Within no more than three working days from the date of receipt of the file from the competent authority, the agency receiving the file shall notify the organization or individual applying for a permit to exploit minerals to receive the result and perform related obligations as prescribed. The time mentioned above does not include the time taken by the organization or individual exploiting minerals to process the initial payment of the exploitation right fee.”

31. Amend Point b, Clause 1, Article 65 as follows:

“b) Within no more than three working days, the agency receiving the file shall be responsible for checking the documents and materials in the file. In cases where the documents and materials comply with the regulations, the agency receiving the file shall issue a receipt for the file.”

32. Amend Point b, Clause 2, Article 65 as follows:

“b) Within no more than thirty working days, the agency receiving the file must complete the examination of the documents, files, and other related matters concerning extension, transfer, return of part of the area, return of the Mineral Exploration Permit, Mineral Exploitation Permit; within no more than three working days for cases of extension or return of the Mineral Exploitation Permit for residual minerals.”

33. Amend Article 66 as follows:

“Article 66. Procedure for Implementing the Approval of Mineral Reserves

1. The procedure for receiving the file shall be carried out as follows:

a) The organization or individual permitted to explore minerals shall submit the file requesting approval of the mineral reserves directly, through postal service, or via the online public service system to the agency receiving the file;

b) Within no more than three working days, the agency receiving the file shall be responsible for reviewing and checking the file. In cases where the documents and materials comply with the provisions of Clause 1, Article 50 of the Law on Minerals and Article 50 of this Decree, the agency receiving the file shall notify the organization or individual requesting approval of the reserves to pay the assessment fee for the mineral reserves according to the regulations. The agency receiving the file shall issue a receipt for the file immediately after the organization or individual completes the obligation to pay the assessment fee for the mineral reserves.

In cases where the file lacks the required documents and materials or the contents of the documents and materials in the file do not comply with the relevant legal provisions, the agency receiving the file shall guide in writing the organization or individual to supplement and complete the file. The issuance of guidance documents and requests for supplementation and completion of the file by the agency receiving the file shall only be carried out once.

2. The procedure for inspecting the report on mineral reserves shall be carried out as follows:

a) Within no more than thirty working days from the date of receipt of the receipt, the agency receiving the file shall be responsible for inspecting all documents and materials in the report; inspecting the exploration site, core samples, trenches, and wells if deemed necessary;

b) Within no more than sixty working days from the date of completion of the work specified in Point a of this Clause, the agency receiving the file shall send the inspection report to experts in relevant fields to obtain comments on the related contents in the mineral exploration report. The time for responding by the expert shall not exceed twenty working days from the date of receipt of the request from the agency receiving the file;

c) Within a period not exceeding thirty working days from the date of completion of the work specified in point b of this clause, the agency receiving the dossier shall be responsible for compiling the opinions of experts and preparing the dossier and documents to submit to the National Mineral Reserve Evaluation Council or to the People's Committee of the province for consideration and decision.

In case the report does not meet the requirements to be submitted to the National Mineral Reserve Evaluation Council or the People's Committee of the province for approval, the agency receiving the dossier shall notify in writing, specifying the reasons for the organization or individual requesting mineral reserve approval to supplement and complete the report, accompanied by the written comments of the experts.

The time taken by the organization or individual to complete the mineral reserve report shall not be counted towards the time for reviewing the report.

3. The review of the exploration results report and the approval of the mineral reserves in the exploration report shall be carried out as follows:

a) Within a period not exceeding thirty working days from the date of completion of the work specified in point c of Clause 2 of Article 49 of this Decree, the Chairman of the National Mineral Reserve Evaluation Council shall convene a meeting of the Council; the People's Committee of the province shall decide on the establishment or non-establishment of the technical advisory council as stipulated in Clause 3 of Article 34 of this Decree.

b) Within a period not exceeding ten working days from the date of conclusion of the meeting of the National Mineral Reserve Evaluation Council, the technical advisory council and the agency receiving the dossier must complete the minutes of the Council meeting. In case it is necessary to supplement and amend the exploration report according to the opinion of the National Mineral Reserve Evaluation Council, the technical advisory council, or the People's Committee of the province, the agency receiving the dossier shall send a written notice specifying the contents that need to be supplemented and completed, accompanied by the minutes of the Council meeting.

The time taken by the organization or individual requesting additional approval to supplement and complete the exploration report shall not be counted towards the time for reviewing the report.

c) Within a period not exceeding fifteen working days from the date of receipt of the supplemented and completed exploration results report from the organization or individual requesting approval, the agency receiving the dossier shall submit the dossier to the competent authority for approval of the mineral reserves as prescribed in Clause 1 of Article 49 of the Law on Minerals.

d) Within a period not exceeding three working days from the date of receipt of the dossier for approval of the mineral reserves submitted by the agency receiving the dossier, the competent authority for approval of the mineral reserves shall issue a decision approving the mineral reserves in the exploration results report.

4. Delivering the result of the approval of the mineral reserves

Within a period not exceeding three working days from the date of receipt of the dossier from the competent authority for approval of the mineral reserves, the agency receiving the dossier shall notify the organization or individual requesting approval to receive the result directly or through postal service or through the online public service system and perform other related obligations.”

Article 5. Replace the phrase "Citizen Identification Card" with the phrase "Citizen Identification Number/Citizen Identity Card Number/Individual Identification Number" in Model No. 03 of Decree No. 67/2019/NĐ-CP dated July 31, 2019 of the Government on the method of calculating and the level of payment for the right to exploit minerals.

Article 6. Replace the phrase "Citizen Identification Card Number" with the phrase "Citizen Identification Number/Citizen Identity Card Number/Individual Identification Number" in Model No. 02, Model No. 03, Model No. 05, Model No. 06, Model No. 08, Model No. 09, Model No. 10, Model No. 11, and Model No. 12 of Decree No. 160/2013/NĐ-CP dated November 12, 2013 of the Government on criteria for determining species, management and protection regimes for species prioritized for conservation among endangered, precious, and rare species.

Article 7. Amending and supplementing some articles of Decree No. 59/2017/NĐ-CP dated May 12, 2017 of the Government on management of access to genetic resources and sharing benefits from the utilization of genetic resources.

1. Replacing the phrase "citizen identification card" with the phrase "Citizen Identification Card/Citizen Identity Card/Individual Permanent Identification Number" in point b, Clause 2, Article 9.

2. Replacing the phrase "citizen identification card, citizen identity card" with the phrase "Citizen Identification Card/Citizen Identity Card/Individual Permanent Identification Number" in point c, Clause 2, Article 11, and point b, Clause 1, Article 20.

Article 8. Amending, supplementing, and abolishing some articles of Decree No. 38/2016/NĐ-CP dated May 15, 2016 of the Government detailing some provisions of the Law on Meteorology and Hydrology.

1. Amending point b, Clause 1, Article 15 as follows:

“b) A certified copy or a copy accompanied by the original for verification or an electronically certified copy from the original: Decision on establishment of organization (not applicable to companies, businesses, trading organizations that have been issued Business Registration Certificate on the National Enterprise Registration Database);”

2. Amending point c, Clause 1, Article 15 as follows:

“c) A certified copy or a copy accompanied by the original for verification or an electronically certified copy from the original: Academic certificates, qualification certificates, and labor contracts of staff;”

3. Amending point b, Clause 2, Article 15.

“b) A certified copy or a copy accompanied by the original for verification or an electronically certified copy from the original: Academic certificates, qualification certificates of relevant specialized training corresponding to the content of the application for permission to operate forecasting and warning services;”

4. Abolishing point c, Clause 3, Article 15.

5. Amend and supplement Article 16 as follows:

“Article 16. Procedures for issuing, extending, amending, and supplementing permits for operating forecasting and warning services of meteorology and hydrology.

1. Receiving authority

a) The Office of Receipt and Delivery of Results for Administrative Procedures of the Ministry of Natural Resources and Environment is the agency receiving applications for issuing, extending, amending, and supplementing permits for operating forecasting and warning services of meteorology and hydrology within the authority of the Minister of Natural Resources and Environment;

b) The One-stop Service Center of the People's Committee of provinces and centrally-run cities (or the Receipt and Delivery Department of the Department of Natural Resources and Environment) is the agency receiving applications for issuing, extending, amending, and supplementing permits for operating forecasting and warning services of meteorology and hydrology within the authority of the Chairmen of the People's Committees of provinces and centrally-run cities.

2. Procedures for issuing, extending, amending, and supplementing permits issued by the Minister of Natural Resources and Environment.

Organizations and individuals submit directly or send through postal service or via the Online Public Service Portal 01 set of application documents for issuing, extending, amending, and supplementing permits as stipulated in Article 15 of this Decree to the Office of Receipt and Delivery of Results for Administrative Procedures of the Ministry of Natural Resources and Environment.

3. Procedures for issuing, extending, amending, and supplementing permits issued by the Chairmen of the People's Committees of provinces and centrally-run cities.

Organizations and individuals submit directly or send through postal service or via the Online Public Service Portal 01 set of application documents for issuing, extending, amending, and supplementing permits as stipulated in Article 15 of this Decree to the One-stop Service Center of the People's Committee of provinces and centrally-run cities (or the Receipt and Delivery Department of the Department of Natural Resources and Environment).

6. Amending and supplementing Article 17 as follows:

“Article 17. Procedure and time limit for issuing, extending, amending, and supplementing permits for operating forecasting and warning services of meteorology and hydrology.

1. Within two working days from the date of receipt of the application, the agency responsible for examining the application must examine, inspect, and confirm the validity of the received application; in case the application is invalid, the agency responsible for examining the application shall notify the applicant to complete the application according to regulations.

2. From the date of receipt of a valid application as prescribed, the agency responsible for examining the application must examine, organize examination, audit, survey, evaluate, conclude, and report to the Minister of Natural Resources and Environment or the Chairman of the People's Committees of provinces and centrally-run cities to issue, extend, amend, and supplement permits for operating forecasting and warning services of meteorology and hydrology for organizations and individuals meeting the conditions within a maximum period of fifteen working days.

In case the conditions for issuing, amending, and supplementing the permit are not met, the agency responsible for examining the application will reply in writing to the organization or individual with the reasons.

3. The permit for operating forecasting and warning services of meteorology and hydrology approved by the Minister of Natural Resources and Environment will be handed over directly to the organization or individual at the Office of Receipt and Delivery of Results for Administrative Procedures of the Ministry of Natural Resources and Environment or sent through postal service or via online public service portal after the corresponding deadline stipulated in Article 17 of this Decree.

4. The permit for operating forecasting and warning services of meteorology and hydrology approved by the Chairman of the People's Committee of provinces and centrally-run cities will be handed over directly to the organization or individual at the One-stop Service Center of the People's Committee of provinces and centrally-run cities (or the Receipt and Delivery Department of the Department of Natural Resources and Environment) or sent through postal service or via online public service portal after the corresponding deadline stipulated in Article 17 of this Decree.

7. Amending and supplementing Clause 2 and Clause 3, Article 18 as follows:

“2. Procedures for reissuing permits

a) For permits reissued by the Minister of Natural Resources and Environment, organizations and individuals apply for reissuing permits for operating forecasting and warning services of meteorology and hydrology by submitting directly or sending through postal service or via the Online Public Service Portal application form No. 02 attached to this Decree to the Office of Receipt and Delivery of Results for Administrative Procedures of the Ministry of Natural Resources and Environment following the same procedures as for the first issuance of the permit;

Organizations and individuals requesting to reissue the permit for weather forecasting and warning activities shall submit directly or send through postal service or via the online public service portal the application form according to Model No. 02 attached as an appendix to this Decree to the Provincial People's Committee Service Center for Administrative Procedures (or the Department of Natural Resources and Environment's Receiving and Issuing Results Section) following the procedures similar to those for issuing the permit for the first time.

3. Procedure and time limit for reissuing the permit for weather forecasting and warning activities

a) The Ministry of Natural Resources and Environment and the provincial People's Committee shall be responsible for examining, appraising, auditing, and reissuing the permit for weather forecasting and warning activities to organizations and individuals meeting the conditions within five working days; in cases where the conditions for reissuing the permit are not met, they shall notify the organization or individual in writing of the reasons.

b) The permit for weather forecasting and warning activities approved by the Minister of Natural Resources and Environment shall be handed over directly to the organization or individual at the Office of Receiving and Issuing Results for Administrative Procedures of the Ministry of Natural Resources and Environment or sent through postal service or via the online public service portal after the corresponding period stipulated in point a, Clause 3 of this Article.

c) The permit for weather forecasting and warning activities approved by the Chairman of the provincial People's Committee shall be handed over directly to the organization or individual at the Provincial People's Committee Service Center for Administrative Procedures (or the Department of Natural Resources and Environment's Receiving and Issuing Results Section) or sent through postal service or via the online public service portal after the corresponding period stipulated in point a, Clause 3 of this Article.”

8. Replace the phrase "personal identification" with the phrase "Identity Card/Citizen Identification Card/Personal Identification Number" in Clause 3, Article 31.

9. Amend and supplement Article 34 (which has been amended and supplemented by Decree No. 48/2020/NĐ-CP dated April 15, 2020 of the Government amending and supplementing some articles of Decree No. 38/2016/NĐ-CP dated May 15, 2016 of the Government detailing certain provisions of the Law on Meteorology and Hydrology) as follows:

“Article 34. Procedure, formalities, reporting system, exchange of meteorological and hydrological information and data, monitoring climate change with international organizations, organizations, and individuals from foreign countries

1. Agencies, organizations, and individuals requiring to exchange meteorological and hydrological information and data, and monitor climate change with international organizations, organizations, and individuals from foreign countries must submit one set of online application forms through the Online Public Service Portal or through postal services or directly to the Office of Receiving and Issuing Results for Administrative Procedures of the Ministry of Natural Resources and Environment to request permission, including the following information:

a) Name and address accompanied by a certified copy or an electronically certified copy from the original or a copy with the original for comparison: legal entity qualification documents for agencies and organizations, Identity Card/Citizen Identification Card/Personal Identification Number for individuals requiring to exchange meteorological and hydrological information and data, and monitor climate change with international organizations, organizations, and individuals from foreign countries in accordance with the laws on civil matters;

b) Purpose of exchanging information and data with international organizations, organizations, and foreign individuals;

c) Specific type and quantity of information and data exchanged with international organizations, organizations, and foreign individuals;

d) Name and address of international organizations, organizations, and foreign individuals receiving the exchange of information and data;

đ) Time period for exchanging information and data;

e) Form of exchanging information and data;

g) Duration of exchanging information and data.

2. Within two working days from the date of receiving the application, the agency reviewing the application shall be responsible for examining, checking, and confirming the validity of the received application; if the application is invalid, the agency reviewing the application shall notify the organization or individual requesting permission to complete the application in accordance with the regulations.

3. From the date of receiving valid applications in accordance with the regulations, the agency reviewing the application shall be responsible for examining, organizing the appraisal, audit, survey, evaluation, conclusion, and submitting a written agreement to the Minister of Natural Resources and Environment according to Model No. 07 attached as an appendix to this Decree within a maximum of fifteen working days. The written agreement shall be handed over directly to the organization or individual at the Office of Receiving and Issuing Results for Administrative Procedures of the Ministry of Natural Resources and Environment or sent through postal service or via the online public service system.

In case of disagreement, the Ministry of Natural Resources and Environment shall issue a written response stating the reasons.

4. Within ten days from the end of the activity of exchanging meteorological and hydrological information and data, and monitoring climate change with international organizations, organizations, and individuals from foreign countries, the agency, organization, or individual shall be responsible for submitting a report according to Model No. 08 attached as an appendix to this Decree to the Ministry of Natural Resources and Environment; in cases where the duration of information and data exchange exceeds one year, an annual report must be submitted before January 15 each year regarding the previous year's exchange activities.

5. Meteorological and hydrological information and data exchanged within the scope of state secrets shall be implemented in accordance with the laws on protecting state secrets.”

10. Replace the phrase "Decision on establishment/business operation certificate" with the phrase "Number and code of Decision on establishment/Business registration number of Business operation certificate, date of issuance, place of issuance" in Model No. 02 attached as an appendix to this Decree.

11. Replace the phrase "ID card number, date of issuance, place of issuance (for individuals)" with the phrase "Identity Card number/Citizen Identification Card number/Personal Identification Number, date of issuance, place of issuance (for individuals)" in Model No. 04 attached as an appendix to this Decree.

Article 9. Amend and supplement some articles of Decree No. 27/2019/NĐ-CP dated March 13, 2019 of the Government detailing certain provisions of the Law on Surveying and Mapping (which has been amended and supplemented by Decree No. 136/2021/NĐ-CP dated December 31, 2021 of the Government amending and supplementing some articles of Decree No. 27/2019/NĐ-CP dated March 13, 2019 of the Government detailing certain provisions of the Law on Surveying and Mapping) 1. Replace the phrase "citizen identification card or passport or identity card" with the phrase "identity card/citizen identification card/personal identification number/passport" in Clause 3, Article 21 (amended and supplemented by Point b, Clause 4, Article 1 of Decree No. 136/2021/NĐ-CP); replace the phrase "citizen identification card, passport or identity card" with the phrase "identity card/citizen identification card/personal identification number/passport" in Clause 4, Article 21; replace the phrase "citizen identification card number or identity card number" with the phrase "identity card number/citizen identification card number/personal identification number" in Clause 7, Article 21.

2. Replace the phrase "citizen identification card number or identity card number" with the phrase "identity card number/citizen identification card number/personal identification number" in Point b, Clause 2, Article 43.

3. Replace the phrase "citizen identification number or identity card number" with the phrase "identity card number/citizen identification card number/personal identification number" in Clause 1, Article 52 (amended and supplemented by Clause 23, Article 1 of Decree No. 136/2021/NĐ-CP).

4. Replace the phrase "ID number/citizen identification..." with the phrase "identity card number/citizen identification card number/personal identification number,... date of issue, place of issue" at Model No. 03 and Model No. 19 Appendix I attached to Decree No. 27/2019/NĐ-CP.

5. Replace the phrase "ID number/CCCD :... Date of issue..." with the phrase "identity card number/citizen identification card number/personal identification number,... date of issue, place of issue" at Model No. 02, Model No. 03, Model No. 05, Model No. 11, Model No. 12, and Model No. 13 Appendix IA attached to Decree No. 136/2021/NĐ-CP.

6. Replace the phrase "Business registration certificate/Decision number" with the phrase "business code of Business Registration Certificate/number, sign Decision, date of issue, place of issue" at Model No. 04, Model No. 06, Model No. 07, Model No. 08, and Model No. 10 Appendix IA attached to Decree No. 136/2021/NĐ-CP.⁽³⁾Replace the phrase "ID number/Citizen identification card" with the phrase "identity card number/citizen identification card number/personal identification number" at Model No. 02 Appendix issued together with Decree No. 03/2019/NĐ-CP dated January 4, 2019 of the Government on remote sensing activities.

Replace the phrase "ID number/Citizen identification" with the phrase "identity card number/citizen identification card number/personal identification number" at Model No. 01, Model No. 02, and Model No. 05 Appendix issued together with Decree No. 73/2017/NĐ-CP dated June 14, 2017 of the Government on collecting, managing, exploiting, and using information and data on natural resources and the environment.

Article 10. Investment and business conditions and files that have been fully and properly received before this Decree takes effect shall be handled according to the current regulations at the time of receipt.

Article 11. 3. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central city, and related organizations and individuals are responsible for implementing this Decree./.

Article 12. Implementation Provisions

1. This Decree takes effect from the date of issuance.

2. Transitional Provisions

Investment and business conditions and applications that have been fully and properly received before the date this Decree takes effect shall be processed in accordance with the provisions of current Decrees at the time of receipt.

3. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees, and related organizations and individuals are responsible for implementing this Decree./.