Decree No. 40/2023/ND-CP Amending and supplementing some articles of Decree No. 67/2018/ND-CP dated May 14, 2018 of the Government detailing certain provisions of the Water Resources Law

DECREE

Amending and supplementing certain articles of Decree No. 67/2018/NĐ-CP

dated May 14, 2018 of the Government detailing certain provisions of the Law on Water Resources

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;

Pursuant to the Law on Irrigation dated June 19, 2017;

Pursuant to the Environmental Protection Law dated November 17, 2020;

Pursuant to the Law on Legislative Regulatory Documents dated June 22, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Legislative Regulatory Documents dated June 18, 2020;

At the proposal of the Minister of Agriculture and Rural Development;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 67/2018/NĐ-CP dated May 14, 2018 of the Government detailing certain provisions of the Law on Water Resources (which has been amended and supplemented by certain articles in Decree No. 08/2022/NĐ-CP dated January 10, 2022 of the Government detailing certain provisions of the Law on Environmental Protection).

Article 1. Amending and supplementing certain articles of Decree No. 67/2018/NĐ-CP dated May 14, 2018 of the Government detailing certain provisions of the Law on Water Resources (which has been amended and supplemented by certain articles in Decree No. 08/2022/NĐ-CP dated January 10, 2022 of the Government detailing certain provisions of the Law on Environmental Protection).

a) Amending and supplementing Point c Clause 2 as follows:

"Article 4. Classification of water conservancy works

Types of water conservancy works specified in Clause 2, Article 16 of the Law on Water Resources are classified specifically as follows:
1. Dams and reservoirs are classified according to the provisions of Article 3 of Decree No. 114/2018/NĐ-CP dated September 4, 2018 of the Government on management of dam safety and reservoirs.
2. Pump stations for drainage, combined irrigation and drainage pump stations:
a) Large pump station is a pump station with a total flow rate of 72,000 m3/h or more;
b) Medium pump station is a pump station with a total flow rate from 3,600 m3/h to less than 72,000 m3/h;
c) Small pump station is a pump station with a total flow rate of less than 3,600 m3/h.
3. Irrigation pump stations:
a) Large pump station is a pump station with a total flow rate of 12,000 m3/h or more;
b) Medium pump station is a pump station with a total flow rate from 2,000 m3/h to less than 12,000 m3/h;
c) Small pump station is a pump station with a total flow rate of less than 2,000 m3/h.
4. Culverts:
a) Large culvert is a culvert with a total width of water passage:

In the Mekong Delta region, 20 meters or more;

In other regions, 10 meters or more.
b) Medium culvert is a culvert with a total width of water passage:

In the Mekong Delta region, from 3 meters to less than 20 meters;

In other regions, from 1.5 meters to less than 10 meters.
c) Small culvert is a culvert with a total width of water passage:

In the Mekong Delta region, less than 3 meters;

In other regions, less than 1.5 meters.
d) For culverts through dams, they are classified according to the type of dam and reservoir works.
5. Drainage, flood control, combined irrigation and drainage systems:
a) Large canal, ditch, creek, tunnel, sluice, bridge channel is a work with the following parameters:

In the Mekong Delta region, having a flow rate of 50 m3/s or more or a bottom width of the canal of 20 meters or more;

In other regions, having a flow rate of 20 m3/s or more or a bottom width of the canal of 10 meters or more.
b) Medium canal, ditch, creek, tunnel, sluice, bridge channel is a work with the following parameters:

In the Mekong Delta region, having a flow rate from 3 m3/s to less than 50 m3/s or a bottom width of the canal from 5 meters to less than 20 meters;

In other regions, having a flow rate from 1.5 m3/s to less than 20 m3/s or a bottom width of the canal from 3 meters to less than 10 meters.
c) Small canal, ditch, creek, tunnel, sluice, bridge channel is a work with the following parameters:

In the Mekong Delta region, having a flow rate of less than 3 m3/s or a bottom width of the canal of less than 5 meters;

In other regions, having a flow rate of less than 1.5 m3/s or a bottom width of the canal of less than 3 meters.
6. Water supply and irrigation systems:
a) Large canal, ditch, creek, tunnel, sluice, bridge channel is a work with the following parameters:

In the Mekong Delta region, having a flow rate of 20 m3/s or more or a bottom width of the canal of 10 meters or more;

In other regions, having a flow rate of 10 m3/s or more or a bottom width of the canal of 5 meters or more.
b) Medium canal, ditch, creek, tunnel, sluice, bridge channel is a work with the following parameters:

In the Mekong Delta region, having a flow rate from 1 m3/s to less than 20 m3/s or a bottom width of the canal from 1 meter to less than 10 meters;

In other regions, having a flow rate from 0.5 m3/s to less than 10 m3/s or a bottom width of the canal from 0.5 meter to less than 5 meters.
c) Small canal, ditch, creek, tunnel, sluice, bridge channel is a work with the following parameters:

In the Mekong Delta region, having a flow rate of less than 1 m3/s or a bottom width of the canal of less than 1 meter;

In other regions, having a flow rate of less than 0.5 m3/s or a bottom width of the canal of less than 0.5 meter.
7. Pipelines:
a) Large pipeline is a pipeline with a flow rate of 1.5 m3/s or more or an internal diameter of 1,000 mm or more;
b) Medium pipeline is a pipeline with a flow rate from 0.025 m3/s to less than 1.5 m3/s or an internal diameter from 100 mm to less than 1,000 mm;
c) Small pipeline is a pipeline with a flow rate of less than 0.025 m3/s or an internal diameter of less than 100 mm.
8. Water conservancy embankments:
a) Large embankment is an embankment protecting an area of 10,000 hectares or more;
b) Medium embankment is an embankment protecting an area from 500 hectares to less than 10,000 hectares;
c) Small embankment is an embankment protecting an area of less than 500 hectares.
9. Systems of water conservancy works:
a) Large system of water conservancy works is a system with the task of irrigating an agricultural land area or draining natural areas of 20,000 hectares or more;
b) Medium system of water conservancy works is a system with the task of irrigating an agricultural land area or draining natural areas from 2,000 hectares to less than 20,000 hectares;

2. Amend and supplement Article 8 as follows:

c) Small system of water conservancy works is a system with the task of irrigating an agricultural land area or draining natural areas of less than 2,000 hectares."
"Article 8. Minimum capacity requirements for organizations and individuals operating dams and reservoirs
1. Particularly important dams and reservoirs: at least seven hydraulic engineers must be arranged, including at least two people with five years or more experience in managing and operating dams and reservoirs and who have been trained and further educated in the management and operation of dams and reservoirs.
2. Large dams and reservoirs:
a) Dams and reservoirs with a storage capacity of 50,000,000 m3 or more: at least five hydraulic engineers must be arranged, including at least two people with five years or more experience in managing and operating dams and reservoirs and who have been trained and further educated in the management and operation of dams and reservoirs;
b) Dams and reservoirs with a storage capacity from 10,000,000 m3 to less than 50,000,000 m3: at least three hydraulic engineers must be arranged, including at least one person with five years or more experience in managing and operating dams and reservoirs and who have been trained and further educated in the management and operation of dams and reservoirs;
c) Other large dams and reservoirs, except those specified in points a and b of this clause: at least two hydraulic engineers must be arranged and who have been trained and further educated in the management and operation of dams and reservoirs.
a) For dams and reservoirs with a storage capacity from 1,000,000 m3 to less than 3,000,000 m3, organizations and individuals exploiting them must have at least one engineer specializing in hydraulics and must be trained and further educated in management and exploitation of dams and water reservoirs.
b) For the remaining medium-sized dams and reservoirs, excluding those specified in point a of this clause: organizations and individuals exploiting them must have at least one college graduate specializing in hydraulics and must be trained and further educated in management and exploitation of dams and water reservoirs. 4. Small dams and reservoirs: organizations and individuals exploiting them must have at least one person with a high school education or a worker of grade 2 or higher and must be trained and further educated in management and exploitation of dams and water reservoirs."

3. Amend and supplement Article 9 as follows:

Article 9. Minimum requirements for the capacity of organizations and individuals exploiting fixed electric pumping stations
1. Large-scale electric pumping stations for irrigation and drainage:
a) Electric pumping stations with pump capacity of 11,000 m3/h or more: must have at least one engineer specializing in hydraulics and one engineer specializing in electromechanical engineering with at least three years of experience in management and operation;
b) Electric pumping stations with pump capacity from 8,000 m3/h to less than 11,000 m3/h: must have at least one engineer specializing in hydraulics or electromechanical engineering with at least two years of experience in management and operation;
c) Electric pumping stations with pump capacity from 4,000 m3/h to less than 8,000 m3/h: must have at least one engineer specializing in hydraulics or electromechanical engineering with at least one year of experience in management and operation.
2. Medium-sized electric pumping stations for irrigation and drainage:
a) Electric pumping stations with pump capacity of 11,000 m3/h or more: must have at least one officer with a college degree specializing in hydraulics or electromechanical engineering with at least three years of experience in management and operation;
b) Electric pumping stations with pump capacity from 8,000 m3/h to less than 11,000 m3/h: must have at least two junior college graduates specializing in hydraulics or electromechanical engineering with at least three years of experience in management and operation;
c) Electric pumping stations with pump capacity from 4,000 m3/h to less than 8,000 m3/h: must have at least two junior college graduates specializing in hydraulics or electromechanical engineering with at least three years of experience in management and operation;
d) Electric pumping stations with pump capacity from 1,000 m3/h to less than 4,000 m3/h: must have at least one junior college graduate specializing in hydraulics or electromechanical engineering with at least three years of experience in management and operation.
3. Small-sized electric pumping stations for irrigation and drainage:
a) Electric pumping stations with pump capacity from 1,000 m3/h to less than 4,000 m3/h: must have at least one worker specializing in hydraulics or electromechanical engineering with at least two years of experience in management and operation;
b) Electric pumping stations with pump capacity from 540 m3/h to less than 1,000 m3/h: must have at least one operator with a secondary vocational education and at least one year of experience in management and operation.
4. Electric pumping stations for irrigation:
a) Large-scale irrigation pumping stations with a total flow rate of 72,000 m3/h or more shall comply with the provisions of Clause 1 of this Article;
b) Large-scale irrigation pumping stations with a total flow rate from 12,000 m3/h to less than 72,000 m3/h and medium-sized irrigation pumping stations with a total flow rate from 3,600 m3/h to less than 12,000 m3/h shall comply with the provisions of Clause 2 of this Article;
c) Medium-sized irrigation pumping stations with a total flow rate below 3,600 m3/h and small-sized irrigation pumping stations shall comply with the provisions of Clause 3 of this Article.

5. In addition to the number of specialized staff prescribed in Clauses 1, 2, 3, and 4 of this Article, the number of other workers for each pumping station shall be determined based on economic and technical standards approved by the competent authority.

4. Amend and supplement Article 11 as follows:

Article 11. Training in management and exploitation of hydraulic works
1. Educational institutions with appropriate functions, tasks, and capabilities shall organize training courses, refresher courses, and advanced training programs to enhance the capacity and skills of personnel involved in the management and exploitation of hydraulic works and dam management.

2. The Ministry of Agriculture and Rural Development shall develop and promulgate training programs and plans for personnel involved in the management and exploitation of hydraulic works and dam management as a basis for educational institutions and localities to implement.

5. Amending and supplementing Clause 3 of Article 12 as follows:

"3. For organizations entrusted with the exploitation of multiple key works, personnel managing and exploiting these works may be allowed to work concurrently but must ensure compliance with labor laws regarding working hours and rest periods and must have sufficient capacity to operate and exploit the assigned works."

6. Amend and supplement Article 14 as follows:

"Article 14. Principles of Permit Issuance
1. Ensuring the safety of hydraulic works and permitted works, protecting the quality of water in hydraulic works; not affecting the mission of hydraulic works, ensuring the interests of the state, the rights, and legitimate interests of organizations and individuals concerned; consistent with the principle of using multi-purpose works, comprehensive land use, management, exploitation, and protection of water resources as stipulated in the Water Law, Land Law, Water Resources Law, and other relevant laws.
2. Within the scope of authority, for the correct object and procedures as prescribed by law.
3. For multiple activities within the same project carried out by organizations or individuals from the construction phase of the work to the exploitation and use phase, which fall under the permit issuance authority of one agency, issue one permit.

4. For projects involving maintenance, repair, upgrading, modernization, or additional components to existing hydraulic works decided by the owner of the hydraulic works, there is no need to apply for a permit."

7. Amend and supplement Article 15 as follows:

"Article 15. Basis for Permit Issuance

The issuance of permits for activities within the protected area of hydraulic works must be based on:

1. The mission and current status of hydraulic works.

2. Approved water resource planning by the competent authority; in cases where there is no approved water resource plan, it must be based on the design of the hydraulic work and ensure that it does not affect the safety and operation of the hydraulic work.

3. The implementation of regulations in previously issued permits by the organization or individual applying for permit extension."

8. Amend and supplement Article 16 as follows:

"Article 16. Authority to Issue, Reissue, Extend, Adjust, Suspend, and Revoke Permits for Activities Specified in Article 13 of this Decree

1. The Ministry of Agriculture and Rural Development shall issue, reissue, extend, amend, suspend, or revoke permits for activities specified in Clauses 1, 3, 9, and 10 of Article 13 of this Decree within the scope of protecting works under its management.

2. Provincial People's Committees shall issue, reissue, extend, amend, suspend, or revoke permits for activities specified in Article 13 of this Decree within the scope of protecting irrigation works on their territory, except for cases provided for in Clause 1 of this Article.

9. Amend and supplement Article 22 as follows:

"Article 22. Application dossier for issuing permits as specified in Clauses 1, 2, 3, 5, 6, 7, 8, 9, and 10 of Article 13 of this Decree

Organizations and individuals requesting issuance of permits shall submit one set of application dossier directly or send it via postal service or through the online environment to the agency responsible for receiving the dossier as stipulated in Article 17 of this Decree. The dossier includes:

1. A request for issuance of permit according to Form No. 01 prescribed in Appendix III attached to this Decree.

2. Sketch map showing the location of the area where the activity subject to permit issuance will be carried out.

3. Report on the impact of the activity on the management, exploitation, and safety of irrigation works.

4. Opinion letter of organizations and individuals operating irrigation works regarding the impact of the activity on the management, exploitation, and safety of such works.

5. Copy of certificate of registration for road motor vehicles; inland waterway vessels for activities specified in Clause 7 of Article 13 of this Decree.

6. Copy of blasting service permit for activities specified in Clause 9 of Article 13 of this Decree.

7. For investment projects within the protection zone of irrigation works, the application dossier for permit issuance must include additional documents:

a) Copy of decision on establishment or copy of business registration certificate.

b) Copy of decision approving planning, investment orientation, or project investment.

c) Copy of environmental impact assessment report or environmental protection plan approved by competent authorities in accordance with laws on environmental protection.

d) Copy of notification of technical design review, project design drawings.

đ) Approved construction technical design drawings for cases specified in Clauses 1, 2, 3, and 10 of Article 13 of this Decree."

10. Amend and supplement Article 28 as follows:

"Article 28. Application dossier for extending or amending the content of permits

Organizations and individuals requesting extension or amendment of the content of permits shall submit one set of application dossier directly or send it via postal service or through the online environment to the agency responsible for receiving the dossier as stipulated in Article 17 of this Decree. The dossier includes:

1. Request for extension or amendment of the content of permit according to Form No. 02 prescribed in Appendix III attached to this Decree.

2. Sketch map showing the location of the area where the activity subject to extension or amendment of the content of permit will be carried out.

3. Report on the implementation status of the issued permit by the organization or individual.

4. Opinion letter of organizations and individuals operating irrigation works regarding the implementation status of the issued permit by the organization or individual.

5. For investment projects within the protection zone of irrigation works, the application dossier for extension or amendment of the content of permit must include additional documents:

a) Copy of decision on establishment or copy of business registration certificate (updated to the time of requesting extension or amendment of the content of permit).

b) In case there is a change in scale, capacity, or main parameters of the permitted activities, additional documents must be included: copy of decision approving adjustment or supplementation of planning, investment orientation, or project investment; copy of environmental impact assessment report or environmental protection plan; copy of notification of technical design review, project design drawings of the adjusted project."

11. Amend and supplement Clause 3 of Article 29 as follows:

"a) For activities specified in Clauses 1, 2, 3, and 10 of Article 13 of this Decree:

Within fifteen working days from the date of receipt of complete and valid dossier, the competent authority issuing the permit shall organize the examination of the dossier, and if conditions are met, issue the extended or amended permit; if conditions are not met, notify the reasons for not issuing the permit.

b) For activities specified in Clauses 5 and 7 of Article 13 of this Decree:

Within five working days from the date of receipt of complete and valid dossier, the competent authority issuing the permit shall organize the examination of the dossier, and if conditions are met, issue the extended or amended permit; if conditions are not met, notify the reasons for not issuing the permit.

c) For activities specified in Clauses 6, 8, and 9 of Article 13 of this Decree:

Within ten working days from the date of receipt of complete and valid dossier, the competent authority issuing the permit shall organize the examination of the dossier, and if conditions are met, issue the extended or amended permit; if conditions are not met, notify the reasons for not issuing the permit."

12. Amend and supplement Article 30 as follows:

"Article 30. Reissuing permits

1. Permits shall be reissued in one of the following cases:

a) The permit is lost, torn, or damaged.

b) The name of the organization or individual who has been issued the permit has changed due to transfer, merger, division, or restructuring of the organization.

2. Dossier for reissuing permits:

a) In the case provided for in point a of Clause 1 of this Article: Organizations and individuals shall submit a request for reissuance of permit according to Form No. 03 prescribed in Appendix III attached to this Decree.

b) In the case provided for in point b of Clause 1 of this Article: Organizations and individuals shall submit a request for reissuance of permit according to Form No. 03 prescribed in Appendix III attached to this Decree; copy of business registration certificate; copies of decisions issued by competent authorities regarding the change of business name due to transfer, merger, division, or restructuring of the organization.

3. Procedure and formalities for reissuing permits:

a) In the case provided for in Clause 1 of this Article: Organizations and individuals shall submit one set of dossier directly or send it via postal service or through the online environment to the agency responsible for receiving the dossier as stipulated in Article 17 of this Decree.

b) Within three working days from the date of receiving the application file, the competent authority issuing the permit shall reissue the permit if the conditions are met; in case the conditions for issuing the permit are not met, the file shall be returned along with a written notification specifying the reasons for not reissuing the permit.

4. The period recorded on the reissued permit is the remaining period of the previously issued permit."

Article 2. Supplementing, replacing, and abolishing certain provisions of Decree No. 67/2018/NĐ-CP dated May 14, 2018, of the Government detailing the implementation of some articles of the Water Law.

1. Replacing the phrase "under-dike culvert" with "dike-crossing culvert" in Clause 1, Article 10; replacing the phrase "large river-blocking culvert" with "large river-blocking structure" in Clause 1, Article 10; and replacing the phrase "General Department of Water Resources" with "Water Resources Department" in Clause 1, Article 17.

2. Removing the phrase "and having a certificate of vocational training in the management and operation of water works" in Clause 2, Article 10.

3. Abolishing Article 24; Article 25; Article 26; and Article 27.

4. Adding Model No. 03 Application for Reissuance of Permit to Operate within the Protected Area of Water Works to Appendix III of Decree No. 67/2018/NĐ-CP after Model No. 02.

This Circular takes effect from December 25, 2025/.

The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairpersons of People's Committees at all levels, and related agencies, organizations, and individuals are responsible for implementing this Decree.

Article 4. Implementation provisions

1. This Decree shall take effect from August 15, 2023.

2. Transitional Provisions

a) Applications for issuance, reissuance, extension, and amendment of permits for activities within the protected area of water works submitted by organizations and individuals before the effective date of this Decree shall continue to be considered and resolved according to the provisions of Decree No. 67/2018/NĐ-CP dated May 14, 2018, of the Government detailing the implementation of some articles of the Water Law (which has been amended and supplemented by some articles in Decree No. 08/2022/NĐ-CP dated January 10, 2022, of the Government detailing some articles of the Environmental Protection Law).

b) The Ministry of Agriculture and Rural Development and provincial People's Committees shall implement the restructuring and strengthening of the subjects operating water works in accordance with the provisions of the Water Law, completing no later than five years from the effective date of this Decree.