Extension and Adjustment of Water Resources Construction Permit

Decree 67/2018/ND-CP was promulgated by the Government of Vietnam on May 14, 2018, stipulating details of certain provisions of the Law on Irrigation.

Permit issuance for activities within the protective scope of water works contains some important notes as follows:

Dossier for requesting extension, adjustment of permit contents

Organizations or individuals requesting an extension or adjustment of permit contents shall submit 01 set of dossiers directly or send via postal mail to the dossier reception agency. The dossier includes:

- Application for extension, adjustment of permit contents- Supplementary construction design drawing or Supplementary investment project in cases where the law stipulates that it is necessary; Wastewater quality analysis report in case of requesting an adjustment of permit contents- Report on the implementation status of the granted permit;- Agreement document of the organization or individual exploiting the water works.

Order and procedures for granting extension, adjustment of permit contents

- Organizations or individuals requesting an extension or adjustment of permit contents shall submit 01 set of dossiers directly or send via postal mail to the agency receiving dossiers. In case of requesting a permit extension, the dossier must be submitted at least 45 days before the permit expires.- Within 03 working days from the date of receiving the dossier, the dossier reception agency is responsible for reviewing and inspecting the dossier; in case the dossier is invalid, the agency shall notify the organization or individual applying for the permit to complete the dossier according to regulations.

Depending on each case, the period for granting a permit extension or adjusting the contents differs. Specifically:

Within 15 working days from the date of receiving a complete and valid dossier, the competent authority issuing the permit shall organize the appraisal of the dossier; if eligible, grant the extension, adjustment of permit contents; in case of not eligible, notify the reason for not issuing the permit for the following activities:

- Construction of new works;- Setting up wharves, and yards for gathering raw materials, fuel, materials, supplies, and vehicles;- Drilling, digging for geological exploration; exploring, extracting minerals, building materials, and groundwater;- Construction of underground works;- Discharging wastewater into water works, except for discharging small-scale wastewater that does not contain toxic substances or radioactive substances;

Within 05 working days from the date of receiving a complete and valid dossier, the competent authority issuing the permit shall organize the appraisal of the dossier; if eligible, grant the extension, adjustment of permit contents; in case of not eligible, notify the reason for not issuing the permit for the following activities:

- Planting perennial trees;- Activities of inland waterway vehicles, motor vehicles, except motorcycles, mopeds, and primitive inland waterway vehicles;

Within 10 working days from the date of receiving a complete and valid dossier, the competent authority issuing the permit shall organize the appraisal of the dossier; if eligible, grant the extension, adjustment of permit contents; in case of not eligible, notify the reason for not issuing the permit for the following activities:

- Tourism, sports, scientific research, business, services activities;- Aquaculture;- Blasting and other explosive activities;

Reissuance of permits

The permit shall be reissued in one of the following cases:

- The permit is lost, torn, or damaged;- The name of the permit holder has changed due to transfer, merger, splitting, or organizational restructuring.

Order and procedures for reissuing permits:

- For cases where the permit is lost, torn, or damaged: Organizations or individuals shall submit an application for reissuing the permit directly or send via postal mail to the dossier reception agency as stipulated in Article 17 of Decree 67.- For cases where the name of the permit holder has changed due to transfer, merger, splitting, or organizational restructuring: Organizations or individuals shall submit an application form and documents proving the change in the name of the permit holder directly or send via postal mail to the dossier reception agency as stipulated in Article 17 of Decree 67.- Within 03 working days from the date of receiving the application, the competent authority issuing the permit shall organize the appraisal of the dossier; if eligible, reissue the permit; in case of not eligible, notify the reason for not reissuing the permit.- The time limit recorded in the reissued permit is the remaining time limit of the previously issued permit.

Decree 67/2018/ND-CP takes effect from July 01, 2018.

- Thao Uyen -

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