Circular No. 56/2014/TT-BTNMT stipulates the conditions regarding the capacity of organizations and individuals practicing in the field of water resources such as requirements for professional qualifications, work experience, machinery and equipment, and necessary capacity files when conducting basic investigation projects, consulting on planning, preparing proposals, and reports in the application for water resource permits.

CIRCULAR

Specifies the conditions regarding capacity of organizations and individuals conducting basic water resources investigation, consulting on water resources planning, preparing proposals, and reports in applications for water resource permits.

 Conducting basic water resources investigations, consulting on water resources planning, preparing proposals, and reports in applications for water resource permits.

Preparing proposals and reports in applications for water resource permits.

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Based on the Law on Water Resources No. 17/2012/QH13 dated June 21, 2012;

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013, promulgated by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 201/2013/NĐ-CP dated November 27, 2013 of the Government detailing implementation of certain provisions of the Law on Water Resources;

At the proposal of the Director of the Water Resources Management Department and the Head of the Legal Department;

The Minister of Natural Resources and Environment shall specify the conditions regarding capacity of organizations and individuals conducting basic water resources investigations, consulting on water resources planning, preparing proposals, and reports in applications for water resource permits.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the conditions regarding capacity of units conducting basic water resources investigations as provided for in Clause 4, Article 13; the conditions regarding capacity of units consulting on water resources planning as provided for in Article 23 of the Water Resources Law; and the conditions regarding capacity of organizations and individuals preparing proposals and reports in applications for water resource permits as provided for in Clause 2, Article 20 of Decree No. 201/2013/NĐ-CP dated November 27, 2013 of the Government detailing a number of articles of the Water Resources Law.

Article 2. Applicability

1. Organizations implementing projects and programs for basic water resources investigations; consulting on water resources planning; and consulting on preparing proposals and reports in applications for water resource permits; independent consultants preparing proposals and reports in applications for water resource permits (hereinafter referred to collectively as organizations and individuals practicing in the field of water resources).

2. Organizations and individuals exploring, exploiting, using water, discharging wastewater into water sources related to activities of preparing proposals and reports in applications for water resource permits.

3. State management agencies related to activities of basic water resources investigations, water resources planning, reviewing, and issuing water resource permits.

Chapter II

SPECIFIC PROVISIONS

Article 3. Conditions regarding capacity for organizations practicing in the field of water resources

1. Organizations practicing in the field of water resources must have legal personality and possess one of the following documents:

a) Decision on establishment of the organization by the competent authority, which includes functions and tasks related to basic investigation activities, planning water resources, and other water resources activities;

b) Business registration certificate; business registration certificate and tax registration certificate; enterprise registration certificate issued by the competent authority (hereinafter collectively referred to as business registration certificate), which includes business operations related to scientific, technological, technical consulting activities, and other water resources activities.

2. Have a team of specialized staff participating in project implementation, proposal preparation, and reporting that meet the following conditions:

a) For projects involving basic investigation and planning water resources: have a professional structure and work experience meeting the provisions of Article 4 of this Circular, and the person assigned to manage technical aspects meets the provisions of Article 5 of this Circular;

b) For preparing proposals and reports in applications for water resource permits: have a professional structure and work experience meeting the provisions of Article 6 of this Circular.

3. Individuals belonging to the team of specialized staff specified in Clause 2 of this Article must meet the following conditions:

a) Be a Vietnamese citizen or a foreigner with a labor permit in Vietnam as prescribed by labor laws;

b) Hold a degree from a bachelor's level or higher, with a major suitable for the assigned tasks. These degrees are issued by educational institutions in Vietnam or abroad as prescribed by law;

c) Have a recruitment decision or a labor contract with the organization as prescribed by law. In cases where the labor contract is a fixed-term contract, at the time of preparing the application for professional capacity certification in the field of water resources, the validity period of the labor contract must be at least six (06) months;

d) Master technical standards and norms concerning water resources.

4. Possess dedicated machinery and equipment meeting the provisions of Article 8 of this Circular. In cases where the machinery and equipment are not owned by the organization, there must be a lease agreement with another organization or individual as prescribed by law.

5. If the project, program, or report has requirements for conditions when being implemented, the organization must meet those conditions or have a joint venture, cooperation agreement, or lease agreement with an organization or individual that meets the conditions to carry out the work.

Article 4. Provisions on the professional staff of organizations participating in implementing basic investigation projects and advisory planning for water resources

1. For organizations implementing basic investigation projects on water resources:

a) Professional structure: must have at least five (05) officers trained in relevant majors such as surface water, marine water (hydrology, oceanography, engineering hydrology, environmental hydrology, water resource technology), groundwater (geology, hydrogeology, engineering geology, drilling exploration, geophysics, geotechnical engineering), environment (environmental science, environmental technology, environmental engineering, environmental management), water resource management, or other related majors. The professional structure must be appropriate to the specific content of each basic investigation project on water resources;

b) Work experience: must have at least three (03) years of experience related to basic investigation activities, water resource planning, or directly participated in at least two (02) basic investigation projects and water resource planning.

2. For organizations implementing water resource planning projects:

a) Professional structure: must have at least seven (07) officers trained in relevant majors such as surface water, marine water (hydrology, oceanography, engineering hydrology, environmental hydrology, water resource technology), groundwater (geology, hydrogeology, engineering geology, drilling exploration, geophysics, geotechnical engineering), environment (environmental science, environmental technology, environmental engineering, environmental management), water resource management, or other related majors. The professional structure must be appropriate to the specific content of each water resource planning project;

b) Work experience: must have at least four (04) years of experience related to basic investigation activities, water resource planning, or directly participated in at least three (03) basic investigation projects and water resource planning.

Article 5. Provisions on the technical supervisor of basic investigation projects and water resource planning projects

1. For basic investigation projects on water resources:

a) Major of training: trained in one of the majors such as hydrology, oceanography, hydrogeology, environmental engineering, water resource technology;

b) Work experience: must have at least five (05) years of experience in basic investigation activities on water resources, water resource planning, or participated in at least three (03) basic investigation projects and water resource planning;

c) At the same time, can only take charge of the technical supervision of a maximum of three (03) basic investigation projects on water resources.

2. For water resource planning projects:

a) Major of training: trained in one of the majors such as hydrology, hydrogeology, environmental engineering, water resource technology;

b) Work experience: must have at least seven (07) years of experience in basic investigation activities on water resources, water resource planning, or participated in at least five (05) basic investigation projects and water resource planning;

c) At the same time, can only take charge of the technical supervision of a maximum of two (02) water resource planning projects.

Article 6. Provisions on the team of specialized staff of organizations preparing projects and reports in the application dossier for water resources permits

1. Number of specialized staff:

a) For projects and reports within the permit-granting authority of the Ministry of Natural Resources and Environment: at least three (03) staff members trained in the fields specified in Clause 2 of this Article;

b) For projects and reports within the permit-granting authority of the Provincial People's Committee: at least two (02) staff members trained in fields suitable as provided in Clause 2 of this Article.

2. Fields of training:

a) For projects and reports on surface water and seawater exploitation and utilization: including fields related to surface water and seawater (hydrology, oceanography, engineering hydrology, environmental hydrology, water resources technology);

b) For projects and reports on groundwater exploration, exploitation, and utilization: including fields related to groundwater (geology, hydrogeology, engineering geology, drilling exploration, geophysics, geotechnical engineering);

c) For projects and reports on discharging wastewater into water sources: including fields related to the environment (environmental science, environmental technology, environmental engineering, environmental management).

3. Work experience:

a) For projects and reports within the permit-granting authority of the Ministry of Natural Resources and Environment: at least three (03) years of experience in the field of water resources and the environment, or having directly participated in preparing at least three (03) projects and reports. Among them, the technical supervisor of the project and report must have at least five (05) years of experience or have directly participated in preparing at least five (05) projects and reports;

b) For projects and reports within the permit-granting authority of the Provincial People's Committee: at least two (02) years of experience in the field of water resources and the environment, or having directly participated in preparing at least one (01) project and report. Among them, the technical supervisor of the project and report must have at least three (03) years of experience or have directly participated in preparing at least three (03) projects and reports.

4. At the same time, the technical supervisor of the project and report may only take charge of the technical supervision of a maximum of three (03) projects and reports.

Article 7. Provisions on independent consultants performing the preparation of projects and reports in the application dossier for water resources permits

Independent consultants performing the preparation of projects and reports in the application dossier for water resources permits must meet the conditions stipulated in Point a, Point b, and Point d of Clause 3 of Article 3 of this Circular and the following conditions:

1. The field of training must be appropriate to the type of project and report as prescribed in Clause 2 of Article 6 of this Circular.

2. Work experience:

a) For the preparation of projects and reports in the application dossier for water resources permits within the permit-granting authority of the Ministry of Natural Resources and Environment, there must be at least twenty (20) years of experience and having been the technical supervisor of at least seven (07) projects and reports;

b) For the preparation of projects and reports in the application dossier for water resources permits within the permit-granting authority of the Provincial People's Committee: at least fifteen (15) years of experience in the field of water resources and having been the technical supervisor of at least five (05) projects and reports.

3. At the same time, an independent consultant can only undertake consultancy for the preparation of one (01) project and report in the application dossier for water resources permits.

Article 8. Provisions on specialized machinery and equipment

1. Existing or rented specialized machinery and equipment must ensure quantity, quality, and technical performance that are appropriate.

2. In cases where machinery and equipment require quality inspection according to regulations, they must have a quality inspection certificate issued by the competent authority.

3. In cases where construction projects for underground water drilling are part of a project proposal or plan, the drilling machines and construction equipment must meet the requirements for scale of operation and labor safety as stipulated.

Article 9. Provisions on the capacity dossier of organizations and individuals participating in implementing project proposals, plans, and reports in the field of water resources

1. Organizations and individuals engaged in business when implementing basic investigation projects, consulting on planning, preparing project proposals, and reporting in the application dossier for water resource permits must have a dossier proving their capacity in accordance with the provisions of this Circular.

2. The capacity dossier for organizations engaged in business in the field of water resources:

a) A certified copy or a copy accompanied by the original for comparison of various types of documents specified in Clause 1, Article 3 and other documents, materials, contracts to prove compliance with the requirements for specific tasks with prescribed conditions during implementation, if any, as stipulated in Clause 5, Article 3 of this Circular;

b) List of professional staff and persons assigned to manage technology; a certified copy or a copy accompanied by the original for comparison of identity cards or passports, educational certificates, professional licenses (if any), employment contracts or recruitment decisions; documents and papers to prove the work experience of each individual meeting the requirements stipulated in Articles 4, 5, and 6 of this Circular;

c) List of specialized machinery and equipment used to implement project proposals and plans and documents proving compliance with the requirements stipulated in Article 8 of this Circular.

3. The capacity dossier for independent consultants who prepare project proposals and reports in the application dossier for water resource permits:

a) A certified copy or a copy accompanied by the original for comparison of identity cards or passports, educational certificates;

b) Documents and papers to prove the work experience of the individual meeting the requirements stipulated in Clause 2, Article 7 of this Circular.

4. Organizations and individuals engaged in business must submit the capacity dossier to the competent authority assigning tasks, placing orders, tendering, or the organization or individual hiring to prepare project proposals and reports as a basis for selecting organizations and individuals with sufficient capacity to implement project proposals, plans, and reports.

Chapter III

RESPONSIBILITIES AND IMPLEMENTATION ORGANIZATION

Article 10. Responsibilities of agencies, organizations, and individuals engaged in the field of water resources

1. Organizations and individuals engaged in the field of water resources shall be responsible for:

a) Notifying the Water Resources Management Agency and the Department of Natural Resources and Environment at the location of their main office about being selected to implement basic investigation projects, consulting on water resource planning, preparing project proposals, and reporting in the application dossier for water resource permits, no later than thirty (30) working days from the date of the decision approving, assigning tasks, or signing the contract to implement the project, proposal, or report. The notification content includes the name and address of the agency or unit issuing the decision approving, assigning tasks, or signing the contract to implement the project, proposal, or report; the name and address of the organization or individual implementing the project, proposal, or report; basic information about the project, proposal, or report (name, objectives, scope, time frame) and attached with a copy of the capacity dossier of the organization or individual participating in implementing the project, proposal, or report. The notification is made via email or postal mail;

b) Arranging and using professional staff suitable for the requirements and content of the project, proposal, or report. During the implementation process, if there are changes or adjustments to the team of professional staff participating in the implementation, a written notification must be sent to the agency or unit that has selected them and the Water Resources Management Agency and the Department of Natural Resources and Environment at the location of their main office, clearly stating the reasons for the change or adjustment and attaching documents proving the capacity and experience of the person replacing them;

c) Ensuring the truthfulness of the contents declared in the capacity dossier for participating in implementing the project, proposal, or report and bearing responsibility for any consequences or losses arising from false declarations.

2. Organizations and individuals applying for exploration, exploitation, and discharge permits for water resources shall be responsible for:

a) Adhering to the conditions regarding capacity when preparing project proposals and reports in the application dossier for water resource permits as stipulated in this Circular. If they hire another organization or individual to prepare the project proposal or report, they must select an organization or individual engaged in business with sufficient capacity as stipulated in this Circular;

b) When submitting the application dossier for a water resource permit, they must attach a copy of the capacity dossier of the organization or individual preparing the project proposal or report.

3. The Water Resources Management Agency and the Departments of Natural Resources and Environment of provinces and centrally-administered cities shall be responsible for:

a) Updating and posting the list of organizations and individuals engaged in business selected to implement project proposals, plans, and reports on their websites after receiving notifications from organizations and individuals as stipulated in Point a, Clause 1 of this Article;

b) Recommending the competent authority to handle or handling within their jurisdiction in cases where organizations and individuals do not meet the capacity conditions as stipulated, and simultaneously publishing on their websites the names of organizations and individuals violating the capacity conditions for business;

c) Organizing training and enhancing knowledge of laws and technical standards on water resources for organizations and individuals engaged in business in the field of water resources.

1. This Circular takes effect from November 10, 2014.

Article 11. Effective Date

2. Basic investigation projects and water resource planning projects assigned for implementation before the effective date of this Circular shall continue to be implemented.

2. Projects and basic investigation schemes, water resource planning projects that have been assigned to be implemented before the effective date of this Circular shall continue to be implemented.

3. Water resource management agencies that have received applications for water resource exploitation permits before this Circular takes effect shall still examine and issue such permits in accordance with the prescribed regulations.

Article 12. Responsibilities for Implementation

1. The People's Committee of the province shall be responsible for directing the implementation of this Circular at the local level.

2. The Department of Natural Resources and Environment shall be responsible for advising and assisting the People's Committee of the province in guiding, inspecting, and supervising activities within the water resources sector on their respective territories; annually compiling and reporting to the People's Committee of the province and the National Water Resources Management Agency on the implementation of the conditions regarding professional capacity in the water resources sector before December 15th.

3. The National Water Resources Management Agency shall be responsible for advising and assisting the Ministry of Natural Resources and Environment in guiding and inspecting activities within the water resources sector; compiling the situation of implementing the conditions regarding professional capacity in the water resources sector nationwide.

4. During the process of implementing this Circular, if there are difficulties or obstacles, organizations and individuals are requested to report them to the Ministry of Natural Resources and Environment for consideration and resolution./.