Decision No. 62/2007/QD-BNN amends and supplements certain provisions of the regulations on issuing permits for activities within the scope of water conservancy works protection, issued together with Decision No. 55/2004/QD-BNN dated November 1, 2004, by the Minister of Agriculture and Rural Development.

Pursuant to …;

Amending and supplementing certain provisions on issuing permits for activities within the scope of protecting water conservancy works, issued together with Decision No.

trong phạm vi bảo vệ công trình thủy lợi, ban hành kèm theo Quyết định số năm 2004 của Bộ trưởng Bộ Nông nghiệp và Phát triển nông thôn

55/2004/QĐ-BNN dated November 1, 2004 of the Minister of Agriculture and Rural Developmentnăm 2004 của Bộ trưởng Bộ Nông nghiệp và Phát triển nông thôn

phát triển nông thôn

____________________________

 THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Ordinance No. 32/2001/PL-UBTVQH on the exploitation and protection of water conservancy works adopted by the Standing Committee of the National Assembly on April 4, 2001;

Pursuant to Decree No. 86/2003/NĐ-CP dated July 18, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 143/2003/NĐ-CP dated November 28, 2003 of the Government detailing the implementation of certain provisions of the Ordinance on the exploitation and protection of water conservancy works;

Pursuant to Decree No. 72/2007/NĐ-CP dated May 7, 2007 of the Government on dam safety management;

Pursuant to Decision No. 55/2004/QĐ-BNN-TL dated November 1, 2004 of the Minister of Agriculture and Rural Development promulgating regulations on issuing permits for activities within the scope of protecting water conservancy works;

Based on the proposal of the Director of the Water Resources Department and the Head of the Legal Department,

DECISION:

Article 1. Amending and supplementing Article 7 and Article 8 of the Regulations on issuing permits for activities within the scope of protecting water conservancy works issued together with Decision No. 55/2004/QĐ-BNN dated November 1, 2004 of the Minister of Agriculture and Rural Development as follows:

1. Article 7. Competence to issue, extend, amend the content, suspend, restore, and revoke permits.

a) For dams of reservoirs:

- The Ministry of Industry, upon assignment by the Government, has the authority to issue, extend, amend the content, suspend, restore, and revoke permits or delegate the Chairman of the People's Committee of the province to issue, extend, amend the content, suspend, restore, and revoke permits for activities that require permits within the scope of protecting hydropower dams managed by the Ministry.

- The People's Committee of the province shall issue, extend, amend the content, suspend, restore, and revoke permits for activities that require permits within the scope of protecting dams (excluding hydropower dams managed by the Ministry of Industry) and within the adjacent protection area of the lake basin within the province.

Within fifteen days, the aforementioned permit issuance decisions must be sent to the Ministry of Agriculture and Rural Development for information and monitoring of implementation.

b) For other works: The competent state agency as stipulated in Clause 2, Article 22 of the Ordinance on the exploitation and protection of water conservancy works in 2001 shall organize the implementation of the protection plan for the water conservancy work and issue or authorize the issuance, extension, amendment of the content, suspension, restoration, and revocation of permits for activities within the scope of protecting such water conservancy work.

2. Article 8. Agency receiving and examining permit application files

a) The Water Resources Department assists the Ministry of Agriculture and Rural Development in receiving and examining permit application files for activities within the scope of protecting water conservancy works as specified in point b, clause 1, Article 1 of this Decision.

b) Specialized agencies under the Ministry of Industry and the People's Committees of the provinces shall receive and examine permit application files for activities within the scope of protecting water conservancy works as specified in items 1 and 2 of point a and point b, clause 1, Article 1 of this Decision.

Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette. Other contents not amended or supplemented in this Decision shall continue to be implemented as prescribed in the Regulations on issuing permits for activities within the scope of protecting water conservancy works issued together with Decision No. 55/2004/QĐ-BNN dated November 1, 2004 of the Minister of Agriculture and Rural Development.

Article 3. The Chief of the Ministry's Office, the Director of the Water Resources Department, the Heads of units under the Ministry, and related organizations and individuals are responsible for implementing this Decision./.