Circular No. 46/2011/TT-BNNPTNT on the procedures for implementing approval and review of activities related to dikes.

CIRCULAR

Regulations on the procedures for approving and reviewing activities related to dikes
review activities related to dyke and flood control

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

Pursuant to the Law on Dikes No. 79/2006/QH11 dated November 29, 2006 and Decree No. 113/2007/ND-CP dated June 28, 2007 of the Government detailing and guiding the implementation of certain provisions of the Law on Dikes;

Pursuant to the Flood and Storm Prevention Ordinance dated March 20, 1993 and the Ordinance Amending and Supplementing Certain Provisions of the Flood and Storm Prevention Ordinance dated August 24, 2000; Decree No. 08/2006/ND-CP dated January 16, 2006 of the Government detailing certain provisions of the Flood and Storm Prevention Ordinance which has been amended and supplemented on August 24, 2000;

Pursuant to Decree No. 12/2009/NĐ-CP dated February 12, 2009 of the Government on investment construction project management;

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 hereby stipulates the dossier and procedures for implementing the approval and review of activities related to dikes as follows:

Article 1. Scope of Regulation

This Circular stipulates the procedures for implementing the approval to serve as the basis for issuing permits for activities related to dikes and the review of investment projects for constructing works on river beaches approved by the Prime Minister according to Article 12 of Decree No. 12/2009/ND-CP dated February 10, 2009 of the Government on project management of construction works.

1. Activities related to dikes for special class, Class I, Class II, and Class III dikes must obtain written approval from the Ministry of Agriculture and Rural Development before proceeding, including:

a) Cutting dikes to construct works within the dike protection zone;

b) Drilling and digging within the dike protection zone;

c) Constructing culverts through dikes; constructing special works within the dike protection zone, river beaches, and riverbeds.

2. Construction and improvement activities of transportation works related to dikes affecting two provinces or more must obtain written approval from the Ministry of Agriculture and Rural Development before proceeding.

3. Activities using river beaches without existing structures to construct works under investment projects approved by the Prime Minister must undergo review by the Ministry of Agriculture and Rural Development before submission.

Article 2. Applicability

This Circular applies to domestic agencies, organizations, individuals, and foreign organizations and individuals with activities related to dikes.

Article 3. Basis for Approval and Review

1. The Law on Dikes and other relevant legal regulations.

2. Flood prevention plans for rivers with dikes; dike systems planning; land use planning; construction planning approved by competent state authorities.

3. Technical standards for dikes, construction technical standards issued by competent state management authorities;

Article 4. Authorities receiving, approving, and examining applications

1. The General Department of Water Resources is the authority receiving applications for approval and examination of activities related to dikes and flood control as stipulated in Article 1 of this Circular;

2. The Dike Management and Flood Control Department under the General Department of Water Resources is the direct authority handling applications submitted to the General Department of Water Resources for approval and examination of activities related to dikes as stipulated in Article 1 of this Circular.

Article 5. Procedures for Approval

For the activities specified in Clause 1 and Clause 2 of Article 1 of this Circular, the procedures for approval shall be as follows:

1. The authority, organization, or individual requesting approval shall submit two sets of application files (one original set and one copy) either directly or through the postal system to the General Department of Water Resources under the Ministry of Agriculture and Rural Development. The application file shall include the following documents:

a) A letter requesting approval from the People's Committee of the province;

b) Written opinions of the Provincial Department of Agriculture and Rural Development on the investor's request, submitted to the People's Committee of the province;

c) Technical design documents of the project approved by the competent authority, including: Description, overall plan view, representative cross-sections, which demonstrate the contents related to dikes and flood discharge during construction;

d) Other documents related to the construction and implementation of the project (if any);

d) For projects affecting two or more provinces, written opinions of the People's Committees of the relevant provinces must be included;

e) During the review process, if it is determined that the project may affect the safety of dikes and flood discharge, the direct authority handling the application shall notify the need to supplement one or more of the following documents: An independent consulting firm's report on the impact of the project on dike safety and river flood discharge (reduction in design flood flow; increase in design flood level; impact on adjacent areas, upstream, and downstream flows; stability of riverbed; stability of dike body and foundation in the construction area); written opinions of relevant functional agencies; topographic and geological survey materials to serve inspection and calculation as a basis for examination and approval.

2. Within fifteen working days from the date of receipt of complete application files as prescribed, the General Department of Water Resources shall examine the application files. If the conditions are met as prescribed, the General Department of Water Resources shall issue a written approval opinion and deliver the result at the General Department of Water Resources or through the postal system; in case the application files do not meet the prescribed conditions, the General Department of Water Resources shall issue a written notification of non-approval of the project and deliver the result at the General Department of Water Resources or through the postal system.

3. In case the application files are incomplete according to the regulations or require additional documents, within three working days from the date of receipt of the application files, the General Department of Water Resources shall issue a written notice regarding the incomplete contents and request the completion of the application files.

Article 6. Procedures for Examination

For the activities specified in Clause 3 of Article 1 of this Circular, the procedures for examination shall be as follows:

1. The authority, organization, or individual requesting examination shall submit two sets of application files (one original set and one copy) either directly or through the postal system to the General Department of Water Resources under the Ministry of Agriculture and Rural Development. The application file shall include the following documents:

a) A report of the provincial People's Committee according to the model attached to this Circular;

b) Written opinions of the Provincial Department of Agriculture and Rural Development on the investor's request, submitted to the People's Committee of the province;

c) Project documentation including: Description, basic design, calculation appendices, which demonstrate the contents related to flood prevention planning along the river with dikes, dike planning, land use planning, construction planning, and calculation results meeting the requirements for dike safety and flood discharge as stipulated in Clause 3, Article 26 of the Law on Dikes and Article 5 of Decree No. 113/2007/NĐ-CP dated June 28, 2007 of the Government detailing and guiding the implementation of certain provisions of the Law on Dikes;

d) Other documents related to the construction and implementation of the project (if any);

d) An independent consulting firm's report on the impact of the project on dike safety and river flood discharge, specifically regarding reduction in design flood flow; increase in design flood level; impact on adjacent areas, upstream, and downstream flows; stability of riverbed; stability of dike body and foundation in the construction area;

e) For projects affecting two or more provinces, written opinions of the People's Committees of the relevant provinces must be included;

2. Within thirty working days from the date of receipt of complete application files as prescribed, the General Department of Water Resources shall examine the application files, issue a written examination opinion, and deliver the result at the General Department of Water Resources or through the postal system.

3. In case the application files are incomplete according to the regulations or require additional documents within three working days from the date of receipt of the application files, the General Department of Water Resources shall issue a written notice regarding the incomplete contents and request the completion of the application files.

Article 7. Effective Date

This Circular shall take effect forty-five days from the date of issuance.

Article 8. Implementation organization

During the implementation process, if there are difficulties or need for supplementation or amendment, authorities and units shall report to the Ministry of Agriculture and Rural Development for research and resolution.