Decree No. 67/2018/ND-CP detailing some provisions of the Law on Waterworks

DECREE
Detailed Provisions on Certain Articles of the Law on Water Resources

Pursuant to the Law on Government Organization dated June 19, 2015;

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

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

The Government promulgates this Decree to provide detailed provisions on certain articles of the Law on Water Resources.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the classification and grading of water resources works; the capacity of organizations and individuals operating water resources works; the authority, procedures, and formalities for issuing, reissuing, extending, amending, suspending, and revoking permits for activities within the scope of protection of water resources works.

Article 2. Applicability

This Decree applies to Vietnamese organizations and individuals; foreign organizations and individuals participating in activities related to water resources on the territory of the Socialist Republic of Vietnam.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. A system of water resources works is a system comprising water resources works that are directly related to each other in terms of operation and protection within a specific area.

2. A reservoir is a work formed by a dam and related works to store water with the mission of regulating flow, reducing floods, supplying water for agricultural production, industry, domestic use, power generation, and improving the environment.

3. A dam is a work constructed to raise water levels or together with related works to form a reservoir.

4. A water resources embankment is a work dividing areas and preventing water to protect a specific region.

Chapter II
CLASSIFICATION AND GRADING OF WATER RESOURCES WORKS

The types of water resources works specified in Clause 2, Article 16 of the Law on Water Resources are classified specifically as follows:

a) Dams with a height of 100 meters or more or dams of reservoirs specified in point c of this clause;

b) Reservoirs with a total volume of 1,000,000,000 cubic meters or more;

c) Reservoirs with a volume of 500,000,000 cubic meters to less than 1,000,000,000 cubic meters where the downstream area affected by the dam is a city or town or has important works related to national security;

d) The list of dams and reservoirs of special importance specified in Appendix I attached hereto.

a) Dams with a height of 15 meters to less than 100 meters or dams of reservoirs specified in point c of this clause;

b) Dams with a height of 10 meters to less than 15 meters and a length of 500 meters or more or dams with a height of 10 meters to less than 15 meters and a designed flood discharge rate over 2,000 cubic meters/second;

c) Reservoirs with a total volume of 3,000,000 cubic meters to less than 1,000,000,000 cubic meters, except for reservoirs specified in point c of Clause 1 of this Article.

a) Dams with a height of 10 meters to less than 15 meters or dams of reservoirs specified in point b of this clause, except for dams specified in point b of Clause 2 of this Article;

b) Reservoirs with a total volume of 500,000 cubic meters to less than 3,000,000 cubic meters.

5. Pump stations:

a) Large pump stations have a total flow rate of 72,000 cubic meters/hour or more;

b) Medium-sized pump stations have a total flow rate of 3,600 cubic meters/hour to less than 72,000 cubic meters/hour or small pump stations but with motor capacity of each unit 150 kilowatts or more;

c) Small pump stations have a total flow rate under 3,600 cubic meters/hour.

6. Culverts:

a) Large culverts have a total width of drainage:

In the Mekong Delta region, 30 meters or more;

In other regions, 20 meters or more.

b) Medium-sized culverts have a total width of drainage:

In the Mekong Delta region, from 10 meters to less than 30 meters;

In other regions, from 5 meters to less than 20 meters.

c) Small culverts have a total width of drainage:

In the Mekong Delta region, under 10 meters;

In other regions, under 5 meters.

7. Water conveyance and transfer systems:

a) Large canals, ditches, creeks, tunnels, pipes, sluices, and bridges are works with the following parameters:

In the Mekong Delta region, a flow rate of 100 cubic meters/second or more or a bottom width of the canal of 50 meters or more;

In other regions, a flow rate of 50 cubic meters/second or more or a bottom width of the canal of 25 meters or more.

b) Medium-sized canals, ditches, creeks, tunnels, pipes, sluices, and bridges are works with the following parameters:

In the Mekong Delta region, a flow rate of 10 cubic meters/second to less than 100 cubic meters/second or a bottom width of the canal of 10 meters to less than 50 meters;

In other regions, a flow rate of 5 cubic meters/second to less than 50 cubic meters/second or a bottom width of the canal of 5 meters to less than 25 meters.

c) Small canals, ditches, creeks, tunnels, pipes, sluices, and bridges are works with the following parameters:

In the Mekong Delta region, a flow rate under 10 cubic meters/second or a bottom width of the canal under 10 meters;

In other regions, a flow rate under 5 cubic meters/second or a bottom width of the canal under 5 meters.

8. Pipelines:

a) Large pipelines transport a flow rate of 3 cubic meters/second or more or have an internal diameter of 1,500 millimeters or more;

b) Medium-sized pipelines transport a flow rate of 0.25 cubic meters/second to less than 3 cubic meters/second or have an internal diameter of 500 millimeters to less than 1,500 millimeters;

c) Small pipelines transport a flow rate under 0.25 cubic meters/second or have an internal diameter under 500 millimeters.

9. Water resources embankments:

a) Large embankments protect areas with a size of 10,000 hectares or more;

b) Medium-sized embankments protect areas with a size of 500 hectares to less than 10,000 hectares;

c) Small embankments protect areas with a size under 500 hectares.

10. Systems of water resources works:

a) Large systems of water resources works have the task of irrigating an area of cultivated land or draining and discharging water from an area of natural land of 20,000 hectares or more;

b) Medium-sized systems of water resources works have the task of irrigating an area of cultivated land or draining and discharging water from an area of natural land of 2,000 hectares to less than 20,000 hectares;

c) Small systems of water resources works have the task of irrigating an area of cultivated land or draining and discharging water from an area of natural land under 2,000 hectares.

Article 5. Classification of Irrigation Works

The classification of irrigation works for design purposes and for managing other contents shall be regulated in national technical standards and relevant laws.

1. The classification of irrigation works shall be determined according to the following principles:

a) The level of the work shall be determined based on its service capacity, water storage capacity of the reservoir, technical characteristics, and geological conditions of the foundation of the main structures. The classification of the irrigation work is the highest level among those determined according to each criterion above;

b) The level of the main structure is the level of the irrigation work. The level of the conveyance and distribution system is lower than or equal to the level of the main structure and decreases gradually with the narrowing scope of service. The level of the lower-level conveyance and distribution system is one level lower than that of the higher-level conveyance and distribution system.

2. The classification of irrigation works is specified in Appendix II issued together with this Decree.

Chapter III
REGULATIONS ON THE CAPACITY OF ORGANIZATIONS AND INDIVIDUALS OPERATING IRRIGATION WORKS
INDIVIDUALS EXPLOITING WATER WORKS CONSTRUCTIONS

Article 6. General Requirements for Organizations and Individuals Operating Irrigation Works

1. Enterprises must have a Business Registration Certificate.

2. Basic irrigation organizations must meet the following requirements:

a) Have internal regulations or charters recognized by competent authorities in accordance with the Law on Cooperatives, Civil Code, and other relevant regulations;

b) Have organizational structures and operators with specialized expertise as stipulated in this Decree, suitable for the technical requirements and scale of the irrigation works they operate.

3. Individuals operating irrigation works must meet the following requirements:

a) Possess full civil capacity as prescribed by law, responsible for their own actions;

b) Hold certificates or diplomas meeting the technical requirements of the irrigation works they operate.

4. The arrangement and use of labor and equipment for managing and operating small-scale irrigation works must ensure safety, efficiency, and comply with current laws.

Article 7. Requirements for Specialized Departments of Enterprises Operating Irrigation Works

1. Enterprises operating irrigation works must have the following departments:

a) A dedicated department for project management;

b) A dedicated department for water management;

c) A dedicated department for economic management.

2. In addition to the provisions of Clause 1 of this Article, enterprises engaged in other production and business services must have a dedicated unit to carry out such activities.

3. The specialized departments specified in Clause 1 of this Article must allocate at least 70% of staff with bachelor's degrees or higher in relevant fields.

1. For particularly important dams and reservoirs, there must be seven engineers specializing in hydraulics, including at least two with five years or more experience in managing and operating dams and reservoirs, holding certificates from training courses on dam management.

2. Large dams and reservoirs:

a) Reservoirs with a storage capacity of 50,000,000 cubic meters or more must have five hydraulic engineering specialists, including at least two with five years or more experience in managing and operating dams and reservoirs, holding certificates from training courses on dam management;

b) Reservoirs with a storage capacity of 10,000,000 to less than 50,000,000 cubic meters must have three hydraulic engineering specialists, including at least one with five years or more experience in managing and operating dams and reservoirs, holding certificates from training courses on dam management;

c) Reservoirs with a storage capacity of 3,000,000 to less than 10,000,000 cubic meters must have two hydraulic engineering specialists, including one with three years or more experience in managing and operating dams and reservoirs, holding certificates from training courses on dam management.

3. Medium-sized dams and reservoirs:

a) Reservoirs with a storage capacity of 1,000,000 to less than 3,000,000 cubic meters must have one hydraulic engineering specialist and one associate degree holder in hydraulics with one year or more experience in managing and operating dams and reservoirs, holding certificates from training courses on dam management;

b) Reservoirs with a storage capacity of 500,000 to less than 1,000,000 cubic meters must have one associate degree holder in hydraulics, holding certificates from training courses on dam management.

4. Small dams and reservoirs:

a) Reservoirs with a storage capacity of 200,000 to less than 500,000 cubic meters must have one staff member with at least a diploma in hydrotechnical engineering, holding certificates from training courses on dam management;

b) Reservoirs with a storage capacity of 50,000 to less than 200,000 cubic meters must have one staff member with at least a high school diploma or a worker with a grade 2 or higher, holding certificates from training courses on dam management.

5. Gate valves, spillways, and workers operating them must hold certificates from training courses on sluice and weir management organized by specialized agencies or training units authorized to conduct such courses.

6. For flood discharge spillways equipped with electrically operated gates, during flood discharge operations, there must be an electrical engineer with a grade 4 qualification managed by the organization operating the irrigation works in the main structure area.

1. Electric pump stations with pumps having a capacity of 11,000 m3/h or more:

a) For pump stations with nine or more pumps, three hydraulic engineers, one electrical engineer, and ten intermediate-level electrical or hydraulic technicians with at least five years of management and operation experience shall be arranged;

b) For pump stations with four to nine pumps, one hydraulic engineer, one electrical engineer, and six intermediate-level electrical or hydraulic technicians with at least three years of management and operation experience shall be arranged;

c) For pump stations with three or fewer pumps, one hydraulic engineer or electrical engineer, and three intermediate-level electrical or hydraulic technicians with at least three years of management and operation experience shall be arranged.

2. Electric pump stations with pumps having a capacity from 8,000 m3/h to less than 11,000 m3/h:

a) For pump stations with nine or more pumps, one hydraulic engineer, one electrical engineer, and seven intermediate-level electrical or hydraulic technicians with at least three years of management and operation experience shall be arranged. For every additional four pumps, one additional intermediate-level technician shall be arranged; for every additional five pumps, one additional hydraulic engineer shall be arranged;

b) For pump stations with four to nine pumps, one hydraulic engineer or electrical engineer, and five intermediate-level electrical or hydraulic technicians with at least three years of management and operation experience shall be arranged;

c) For pump stations with three or fewer pumps, one technician with a college degree in hydraulic engineering or electrical engineering, and three intermediate-level electrical or hydraulic technicians with at least three years of management and operation experience shall be arranged.

3. Electric pump stations with pumps having a capacity from 4,000 m3/h to less than 8,000 m3/h:

a) For pump stations with nine or more pumps, one hydraulic engineer or electrical engineer, two technicians with a college degree or higher, and five intermediate-level electrical or hydraulic technicians with at least three years of management and operation experience shall be arranged. For every additional five pumps, one additional intermediate-level technician shall be arranged; for every additional ten pumps, one additional hydraulic engineer or electrical engineer shall be arranged;

b) For pump stations with four to nine pumps, one technician with a college degree in hydraulic engineering or electrical engineering, and three intermediate-level electrical or hydraulic technicians, including at least one intermediate-level electrical technician with at least three years of management and operation experience, shall be arranged;

c) For pump stations with three or fewer pumps, two intermediate-level technicians in hydraulic engineering or electrical engineering, including at least one intermediate-level electrical technician with at least three years of management and operation experience, shall be arranged.

4. Electric pump stations with pumps having a capacity from 1,000 m3/h to less than 4,000 m3/h:

a) For pump stations with fifteen or more pumps, one hydraulic engineer or electrical engineer, and three intermediate-level electrical or hydraulic technicians, including at least two intermediate-level electrical technicians with at least three years of management and operation experience, shall be arranged. For every additional five pumps, one additional intermediate-level technician shall be arranged; for every additional ten pumps, one additional hydraulic engineer or electrical engineer shall be arranged;

b) For pump stations with ten to fifteen pumps, one technician with a college degree in hydraulic engineering or electrical engineering, and two intermediate-level technicians with at least three years of management and operation experience shall be arranged;

c) For pump stations with four to ten pumps, two intermediate-level electrical or hydraulic technicians, including at least one intermediate-level electrical technician with at least three years of management and operation experience, shall be arranged;

d) For pump stations with three or fewer pumps, one intermediate-level technician in hydraulic engineering or electrical engineering with at least three years of management and operation experience shall be arranged.

5. Electric pump stations with pumps having a capacity from 540 m3/h to less than 1,000 m3/h:

a) For pump stations with two to five pumps, one operator with a secondary school education who has participated in a vocational training course on managing and operating hydraulic works for at least three years of management and operation experience shall be arranged;

b) For pump stations with more than five pumps, one electric pump operator who has undergone technical worker training for three to six months shall be arranged. For pump stations with seven or more pumps, an additional intermediate-level technician in hydraulic engineering or electrical engineering with at least three years of management and operation experience shall be arranged.

Article 10. Minimum capacity requirements for organizations and individuals operating main culverts, water conveyance systems

a) For special-class, class I, and class II river embankment culverts; large river-blocking culverts operated by electricity, there must be 01 hydraulic engineer, 01 electrical engineer, and 01 mid-level electrical technician at the main facility with at least three years of management and operation experience;

b) Comply with the regulations on dike and sluice management.

1. Educational institutions with appropriate functions, tasks, and capabilities shall organize courses to enhance and improve the skills of individuals involved in water works management and operation, and dam management.

2. The Ministry of Agriculture and Rural Development shall develop and issue a framework plan and curriculum materials for water works management and operation training as a basis for schools, educational institutions, and localities to implement.

Article 12. Responsibility for compliance with capacity requirements in water works operation

1. Organizations and individuals participating in water works operation must have the appropriate capacity in accordance with the scale and technical requirements of the works as stipulated in this Decree; they are responsible for legal consequences resulting from failing to meet capacity requirements.

2. Every five years, individuals directly responsible for managing and operating water works, and reservoirs must participate in advanced training courses to enhance their management and operational skills.

4. In addition to meeting the capacity requirements set forth in this Decree, organizations and individuals operating water works that also engage in production and business activities must comply with capacity requirements for those industries as prescribed by relevant laws.

5. Specialized state management agencies for water works shall inspect and supervise the implementation of capacity requirements for organizations and individuals operating water works as stipulated in this Decree.

Chapter IV
LICENSES FOR ACTIVITIES WITHIN THE SCOPE OF
WATER WORKS PROTECTION

Article 13. Licenses for activities within the scope of water works protection

Licenses issued for activities within the scope of water works protection include:

1. Construction of new works.

2. Establishment of material, fuel, and equipment storage areas.

3. Drilling and geological surveying; mineral exploration, construction material extraction, underground water extraction.

5. Planting perennial crops.

6. Tourism, sports, scientific research, business, and service activities.

7. Operations of inland waterway vessels, mechanical vehicles, excluding motorcycles and simple inland waterway vessels.

8. Aquaculture.

9. Blasting and other explosive activities.

10. Construction of underground works.

1. Ensuring the safety of water conservancy works, protecting water quality; ensuring the interests of the State, the rights, and legitimate interests of organizations and individuals concerned.

2. Within the scope of authority, to the correct subjects, and in accordance with the procedures and formalities prescribed by law.

3. In line with the approved water conservancy plan by the competent authority; in cases where there is no approved water conservancy plan, it shall be based on the design and tasks of the water conservancy work and ensure the safety and operation of the water conservancy work.

1. The issuance of permits for activities within the protected area of water conservancy works must be based on:

a) The tasks of the water conservancy work;

b) The design documents and current status of the water conservancy work;

c) The approved water conservancy plan by the competent authority; in cases where there is no approved water conservancy plan, it shall be based on the design of the water conservancy work and ensure that it does not affect the safety and operation of the water conservancy work.

a) The capacity of the wastewater reception system of the water conservancy works;

b) National technical standards and regulations on wastewater quality; environmental protection requirements for wastewater discharge activities already approved by competent state agencies.

1. For particularly important water conservancy works and water conservancy works where exploitation and protection involve two or more provinces:

b) Provincial People's Committees issue, reissue, extend, amend, suspend, and revoke permits for activities specified in Article 13 of this Decree, except for the cases specified in point a of this clause.

2. For other water conservancy works: Provincial People's Committees issue, reissue, extend, amend, suspend, and revoke permits for activities specified in Article 13 of this Decree.

Article 17. Agencies Receiving and Managing Applications and Permits

2. Departments of Agriculture and Rural Development receive and manage applications and permits within the scope of permit issuance by Provincial People's Committees.

Article 18. Validity Period of Permits

1. Permits for activities within the protected area of water conservancy works have a maximum validity period of five years and may be extended multiple times, with each extension having a maximum duration of three years.

Article 19. Contents of the Permit

The permit for activities within the scope of protecting waterworks infrastructure includes the following contents:

1. Name and address of the organization or individual granted the permit.

2. Name of the activity within the scope of protecting waterworks infrastructure.

5. Duration of the permit.

6. Requirements for activities within the scope of protecting waterworks infrastructure to ensure safety of the infrastructure, protect water quality in the waterworks infrastructure, and safeguard the legitimate rights and interests of related organizations and individuals.

7. Rights and obligations of the organization or individual granted the permit.

Article 20. Adjustment of the Contents of the Permit

1. The contents specified in the permit may be adjusted, including:

a) Scope of the activity;

b) Scale, capacity, key parameters of the requested activities;

2. Procedure for adjustment: Within the validity period of the permit, the organization or individual requesting the adjustment of the permit's contents for activities within the scope of protecting waterworks infrastructure shall prepare an adjustment dossier and submit it to the competent state agency as stipulated in Article 16 of this Decree.

Article 21. Procedures and Formalities for Issuing the Permit

1. Within three working days from the date of receipt of the dossier, the agency receiving the dossier shall be responsible for examining and checking the dossier; if the dossier is not complete, the agency receiving the dossier shall notify the organization or individual requesting the permit to complete the dossier in accordance with the regulations.

2. Time limit for issuing the permit:

a) For activities prescribed in Clause 1, Clause 2, Clause 3, and Clause 10, Article 13 of this Decree: Within twenty-five working days from the date of receipt of a complete and valid dossier, the competent authority issuing the permit shall organize the examination of the dossier; if the conditions are met, the permit shall be issued; if the conditions are not met, the reasons for not issuing the permit shall be notified.

c) For activities prescribed in Clause 5, Article 13 of this Decree: Within ten working days from the date of receipt of a complete and valid dossier, the competent authority issuing the permit shall organize the examination of the dossier; if the conditions are met, the permit shall be issued; if the conditions are not met, the reasons for not issuing the permit shall be notified.

d) For activities prescribed in Clause 6, Clause 8, and Clause 9, Article 13 of this Decree: Within fifteen working days from the date of receipt of a complete and valid dossier, the competent authority issuing the permit shall organize the examination of the dossier; if the conditions are met, the permit shall be issued; if the conditions are not met, the reasons for not issuing the permit shall be notified.

đ) For activities prescribed in Clause 7, Article 13 of this Decree: Within seven working days from the date of receipt of a complete and valid dossier, the competent authority issuing the permit shall organize the examination of the dossier; if the conditions are met, the permit shall be issued; if the conditions are not met, the reasons for not issuing the permit shall be notified.

Organizations and individuals applying for a permit shall submit one set of the application dossier directly or send it through the post or via the internet to the agency responsible for receiving dossiers as stipulated in Article 17 of this Decree. The dossier includes:

1. An application form for issuing a permit according to the model prescribed in Appendix III attached to this Decree.

2. Construction design drawings for cases prescribed in Clauses 1, 2, 3, and 10 of Article 13 of this Decree.

3. A sketch of the location of the area where the activities for which a permit is requested will be carried out.

4. An assessment of the impact of the activity on the operation and safety of waterworks.

5. A consent document from organizations and individuals operating the waterworks.

6. A consent document regarding the long-term or time-limited use of land with the lawful land user.

Organizations and individuals applying for a permit shall submit one set of the application dossier directly or send it through the post to the agency responsible for receiving dossiers as stipulated in Article 17 of this Decree. The dossier includes:

1. An application form for issuing a permit according to the model prescribed in Appendix III attached to this Decree.

2. A map at a scale of 1/5,000 of the wastewater treatment area and the location of wastewater discharge into the waterworks system.

3. A consent document from organizations and individuals operating the waterworks.

4. Construction design drawings and operational procedures for the wastewater treatment system.

5. Results of water quality analysis at the discharge point of the waterworks; results of pre-treatment and post-treatment wastewater quality analysis for cases where wastewater is currently being discharged into the waterworks.

6. A wastewater discharge plan for cases where wastewater has not yet been discharged; a report on current wastewater discharge for cases where wastewater is currently being discharged into the waterworks.

7. A copy of the land use rights certificate for the area where the wastewater treatment system is located.

Organizations and individuals applying for a permit shall submit one set of the application dossier directly or send it through the post to the agency responsible for receiving dossiers as stipulated in Article 17 of this Decree. The dossier includes:

1. An application form for issuing a permit according to the model prescribed in Appendix III attached to this Decree.

2. A sketch of the location of the area where the activities for which a permit is requested will be carried out.

3. An assessment of the impact of the activity on the operation and safety of the waterworks.

4. A consent document from organizations and individuals operating the waterworks.

Organizations and individuals applying for a permit shall submit one set of the application dossier directly or send it through the post to the agency responsible for receiving dossiers as stipulated in Article 17 of this Decree. The dossier includes:

1. An application form for issuing a permit according to the model prescribed in Appendix III attached to this Decree.

2. An approved investment project.

3. A sketch of the location of the area where the activities for which a permit is requested will be carried out.

4. An assessment of the impact of the activity on the operation and safety of waterworks.

5. A consent document from organizations and individuals operating the waterworks.

Organizations and individuals applying for a permit shall submit one set of the application dossier directly or send it through the post to the agency responsible for receiving dossiers as stipulated in Article 17 of this Decree. The dossier includes:

1. An application form for issuing a permit according to the model prescribed in Appendix III attached to this Decree.

2. A copy of the registration certificate for road motor vehicles; inland waterway vessels.

3. A sketch of the location of the area where the activities for which a permit is requested will be carried out.

4. An assessment of the impact of the activity on the operation and safety of waterworks.

5. A consent document from organizations and individuals operating the waterworks.

Organizations and individuals applying for a permit shall submit one set of the application dossier directly or send it through the post to the agency responsible for receiving dossiers as stipulated in Article 17 of this Decree. The dossier includes:

1. An application form for issuing a permit according to the model prescribed in Appendix III attached to this Decree.

2. A copy of the blasting permit.

3. A sketch of the location of the area where the activities for which a permit is requested will be carried out.

4. An assessment of the impact of the activity on the operation and safety of waterworks.

5. A consent document from organizations and individuals operating the waterworks.

Organizations and individuals applying for an extension or amendment of the content of a permit shall submit one set of the application dossier directly or send it through the post or via the internet to the agency responsible for receiving dossiers as stipulated in Article 17 of this Decree. The dossier includes:

1. An application form for extending or amending the content of a permit according to the model prescribed in Appendix III attached to this Decree.

3. A report on the implementation of the issued permit.

4. A consent document from organizations and individuals operating the waterworks.

Article 29. Procedures and formalities for issuing extensions and amendments to the content of permits

1. Organizations and individuals requesting an extension or amendment to the content of a permit shall submit one set of documents directly or send them via postal service to the agency responsible for receiving documents as stipulated in Article 17 of this Decree. In cases where an extension of the permit is requested, the application must be submitted at least 45 days before the expiration date of the permit.

2. Within three working days from the date of receipt of the documents, the agency responsible for receiving documents shall examine and check the documents; if the documents are not valid, the agency shall notify the organization or individual requesting the permit to complete the documents in accordance with the regulations.

a) For activities specified in Clause 1, Clause 2, Clause 3, Clause 4, and Clause 10 of Article 13 of this Decree:

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

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

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

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

Within ten working days from the date of receipt of all valid documents, the competent authority issuing the permit shall organize the review of the documents; if the conditions are met, issue the extended or amended permit; if the conditions are not met, notify the reasons for not issuing the permit.

1. A permit may be reissued in one of the following cases:

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

b) The name of the permit holder has changed due to transfer, merger, division, or restructuring of the organization.

2. Procedures and formalities for reissuing permits:

a) In the case specified in point a of Clause 1 of this Article: The organization or individual shall submit an application for reissuing the permit directly or send it via postal service to the agency responsible for receiving documents as stipulated in Article 17 of this Decree;

b) In the case specified in point b of Clause 1 of this Article: The organization or individual shall submit an application and supporting documents proving the change in the name of the permit holder directly or send them via postal service to the agency responsible for receiving documents as stipulated in Article 17 of this Decree;

c) Within three working days from the date of receipt of the application, the competent authority issuing the permit shall organize the review of the documents; if the conditions are met, reissue the permit; if the conditions are not met to issue the permit, notify the reasons for not reissuing the permit.

3. The validity period recorded on the reissued permit is the remaining period of the previously issued permit.

Article 31. Rights of organizations and individuals granted permits

Organizations and individuals granted permits for activities within the scope of protecting water conservancy works have the following rights:

1. To carry out activities within the scope of protecting water conservancy works at the location, time, and scale specified in the permit.

2. To have their lawful rights and interests guaranteed by the State as stipulated in the permit.

3. To be compensated by the State for losses in cases where the permit is revoked or the duration changed due to national defense, security reasons, or for the benefit of the nation or public interest, as provided by law.

4. To request the issuing authority to extend or amend the content of the permit in accordance with the regulations.

Article 32. Obligations of organizations and individuals granted permits

Organizations and individuals granted permits for activities within the scope of protecting water conservancy works shall have the following obligations:

1. Comply with the provisions of the Water Law and other relevant laws.

2. Comply with the provisions on location, duration, and scale of activities within the scope of protecting water conservancy works as recorded in the permit issued.

3. Fulfill financial obligations as prescribed by law.

4. Ensure safety for water conservancy works when conducting activities, promptly rectify any incidents, and compensate for damages caused by their own activities.

5. Not obstruct or cause damage to the comprehensive exploitation of water conservancy works.

6. Provide complete and truthful data and information about activities within the scope of protecting water conservancy works when requested by competent state authorities.

Article 33. Suspension of Permit Effectiveness

1. The permit's effectiveness is suspended when the organization or individual granted the permit commits any of the following violations:

a) Violating the contents stipulated in the permit;

b) Exploiting the permit to organize activities contrary to the provisions of the law.

2. Duration of suspension of the permit: Not exceeding three months.

3. During the period the permit's effectiveness is suspended, the organization or individual granted the permit may not exercise rights related to the permit and must take measures to rectify consequences and compensate for damages according to the law.

Article 34. Revocation of Permit

1. The permit is revoked in any of the following cases:

a) Information declared in the application dossier for the permit is found to be untrue;

b) The organization or individual granted the permit is dissolved or declared bankrupt by a court; dies, is declared dead by a court, loses civil capacity, or is declared missing;

c) The organization or individual granted the permit violates the decision suspending the permit's effectiveness;

d) In cases ensuring national defense, security, or public interest.

2. Based on the provisions of Clause 1 of this Article, the authority issuing the permit as stipulated in Article 16 of this Decree has the right to decide to revoke the permit.

Article 35. Inspection and Audit

1. The Ministry of Agriculture and Rural Development is responsible for inspecting and auditing the issuance and implementation of permits for activities within the scope of protecting water conservancy works nationwide.

2. People's Committees at all levels are responsible for inspecting and auditing the issuance and implementation of permits for activities within the scope of protecting water conservancy works locally.

Chapter V
IMPLEMENTING PROVISIONS

Article 36. Effective Date

This Decree takes effect from July 1, 2018.

Article 37. Transitional Provisions

1. Permits for activities that require permission within the scope of protecting water conservancy works issued before the effective date of this Decree and which have not yet expired shall remain valid until their expiration date.

3. No later than three years from the effective date of this Decree, organizations and individuals exploiting water conservancy works must ensure compliance with the capacity requirements set forth in this Decree.

Article 38. Responsibility for Implementation

1. The Minister of Agriculture and Rural Development is responsible for organizing the implementation of this Decree.

2. The Ministers, Heads of Ministries equivalent to ministries, Heads of agencies under the Government, Chairpersons of provincial and centrally-administered city People's Committees, and related agencies, organizations, and individuals are responsible for implementing this Decree./ .