Permit for Activities within the Protection Scope of Hydraulic Works

Permit for Activities within the Protection Scope of Hydraulic Structures

According to Decree 76, the permit for activities within the protection scope of hydraulic structures includes:

- Construction of new works;- Establishing piers, material, fuel, equipment, and vehicle gathering areas;- Drilling, geological surveying; exploring, extracting minerals, building materials, and underground water;- Discharging wastewater into hydraulic structures, except for small scale and non-hazardous, non-radioactive wastewater discharge;- Planting perennial trees;- Tourism, sports, scientific research, business, and service activities;- Activities of inland waterway vehicles and motorized vehicles, except motorcycles, mopeds, and basic inland waterway vehicles;- Aquaculture;- Blasting and other explosive activities;- Constructing underground works.

Principles of Permit Issuance

The issuance of permits must comply with the following principles:

- Ensuring the safety of hydraulic structures, protecting water quality; ensuring the state's benefits and the legitimate rights and interests of related organizations and individuals.- In accordance with the authority, correct subjects, and sequences, procedures as prescribed by law.- Conforming to the irrigation planning approved by the competent authority; in the absence of approved irrigation planning, it should be based on the design, tasks of the hydraulic structure, and ensure the safety and operation of the hydraulic structure.

Basis for Permit Issuance

According to the Decree, the issuance of permits for activities within the protection scope of hydraulic structures must be based on:

- The tasks of the hydraulic structure;- The design documents and current condition of the hydraulic structure;- The irrigation planning approved by the competent authority; in the absence of approved irrigation planning, it should be based on the design of the hydraulic structure and ensure no impact on the safety and operation of the hydraulic structure.- For cases of issuing permits for discharging wastewater into hydraulic structures, in addition to the above-mentioned bases, the following regulations must also be considered:- The wastewater receiving capacity of the hydraulic structure system;- National technical standards and regulations on wastewater quality; environmental protection requirements for wastewater discharge activities approved by competent state agencies.

More details can be found in Decree 67/2018/ND-CP, effective from July 01, 2018.

-Thao Uyen-

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