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Decree No. 22/2023/ND-CP amendments to decrees on business operations in environment and natural resources sector

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Water Resources dated June 21, 2012;

Pursuant to the Law on Mineral Resources dated November 17, 2010;

Pursuant to the Law on Meteorology and Hydrology dated November 23, 2015;

Pursuant to the Law on Biodiversity dated November 13, 2008;

Pursuant to the Law on Investment dated June 17, 2020;

At the request of the Minister of Natural Resources and Environment of Vietnam;

The Government promulgates a Decree providing amendments to decrees on business operations in environment and natural resources sector.

22/2023/NĐ-CP

Article 1. Amendments to Clause 3 Article 12 of Government’s Decree No. 43/2015/ND-CP dated May 06, 2015 on establishment and management of water source protection corridors

“3. Procedures for appraisal and approval of plans for planting of boundary markers for water source protection corridors of hydroelectric reservoirs and hydraulic reservoirs:

  1. a) The organization in charge of managing and operating the reservoir (hereinafter referred to as “applicant”) shall submit a copy of the plan for planting of boundary markers for the protection corridor of the hydroelectric or hydraulic reservoir directly or by post or via the online public service portal to the public administration services center (or the office in charge of receiving applications and returning processing results of the relevant Provincial Department of Natural Resources and Environment);

Within 03 working days from the receipt of the plan for planting of boundary markers submitted by the applicant, the Provincial Department of Natural Resources and Environment shall consider and inspect the plan. If the plan fails to meet the requirements laid down in Clause 2 of this Article, the Provincial Department of Natural Resources and Environment shall notify the applicant to modify its plan;

  1. b) Within 30 working days from the receipt of a plan which meets the requirements laid down in Clause 2 of this Article, the Provincial Department of Natural Resources and Environment shall get opinions from the Provincial Department of Industry and Trade, the Provincial Department of Agriculture and Rural Development, and the People’s Committee of district where the reservoir is located, and relevant authorities and units; the provincial People’s Committee may be requested to establish a council in charge of appraising the plan, where necessary.

The Provincial Department of Natural Resources and Environment shall consolidate received opinions and send them to the applicant. The applicant shall receive and respond to received opinions, and complete the plan. If the plan is satisfactory, the Provincial Department of Natural Resources and Environment shall request the Provincial People’s Committee to give approval for the plan. If the plan is unsatisfactory, the plan shall be returned to the applicant that shall also receive a written notice indicating reasons for such return;

  1. c) Within 02 working days from the day on which the plan is approved by the Provincial People’s Committee, the plan-receiving authority shall notify processing result to the applicant directly at the public administration services center (or the office in charge of receiving applications and returning processing results of the relevant Provincial Department of Natural Resources and Environment) or by post or via the online public service portal.”

Article 2. Amendments to Government’s Decree No. 60/2016/ND-CP dated July 01, 2016 providing for certain regulatory requirements for trade and investment in environment and natural resources sector

  1. Clause 3 Article 8 of the Government’s Decree No. 60/2016/ND-CP dated July 01, 2016 (as amended by Clause 7 Article 7 of the Government’s Decree No. 136/2018/ND-CP dated October 05, 2018 providing amendments to certain Decrees prescribing regulatory requirements for trade and investment in environment and natural resources sector) is amended as follows:

“3. Working experience: technical responsible persons of projects or reports must have at least 03 years of experience in the environment and water resource sector, or have directly engaged in developing a minimum of 03 projects or reports.”

  1. The phrase “giấy chứng minh nhân dân, căn cước công dân”, “chứng minh nhân dân, căn cước công dân” (“ID card, citizen identity card”) is replaced with the phrase “Chứng minh nhân dân/thẻ Căn cước công dân/số định danh cá nhân” (“ID card/ citizen identity card/ personal identification number”) in Point b Clause 2, Point a Clause 3 Article 11, Point d Clause 1 Article 13.

Article 3. Amendments to Government’s Decree No. 22/2012/ND-CP dated March 26, 2012 prescribing auction of mining rights

  1. Clause 1 Article 16 is amended as follows:

“1. The entity that wishes to participate in an auction of mining rights shall prepare and submit an application for participation in the auction of mining rights directly or by post or via the online public service portal to the authority in charge of receiving applications as prescribed in Article 17 of this Decree.”

  1. Point b Clause 2 Article 16 (as amended by Clause 4 Article 68 of the Government’s Decree No. 158/2016/ND-CP dated November 29, 2016 elaborating the Law on Mineral Resources) is amended as follows:

“b) The originals or certified true copies or copies presented together with their originals for verification purpose or certified electronic copies of documents on capacity and experience in mineral exploration, extraction and processing, and financial capacity and ability to raise funds;”

  1. Point c Clause 2 Article 16 is amended as follows:

“c) Regarding an area for which mineral exploration results are available: the bidder shall be required to provide the original or digitally signed electronic copy of the preliminary program on extraction, deep processing and consumption of mineral products, and written commitment to execute the project after winning the auction;”

  1. Point d Clause 2 Article 16 is amended as follows:

“d) Regarding an area for which mineral exploration results are not available: the bidder shall be required to provide the original or digitally signed electronic copy of the preliminary plan on exploration, extraction, deep processing and consumption of mineral products, and written commitment to execute the project after winning the auction.”

  1. The phrase “giấy chứng minh nhân dân” (“ID card”) is replaced with the phrase “Chứng minh nhân dân/thẻ Căn cước công dân/số định danh cá nhân” (“ID card/ citizen identity card/ personal identification number”) in Clause 1 Article 20.

Article 4. Amendments to and abrogation of some Articles of the Government’s Decree No. 158/2016/ND-CP dated November 29, 2016 elaborating the Law on Mineral Resources

  1. Article 32 is amended as follows:

“Article 32. Field surveys and surface sampling for formulation of mineral exploration project

  1. An entity that wishes to conduct field survey/surface sampling for formulation of mineral exploration scheme shall submit an application made using the form in Appendix III enclosed herewith and the field survey/surface sampling plan to the People’s Committee of province where the minerals will be explored directly or by post or via the online public service portal to the public administration services center (or the office in charge of receiving applications and returning processing results of the relevant Provincial Department of Natural Resources and Environment).
  2. Surface samples taken include pan-concentrate samples, metallic samples, lithological samples, mineralographic samples, channel samples taken at veins, including those taken at veins, mineral survey and exploration works which have been previously executed (if any). Maximum number of samples to be taken of each type is 50 samples; the weight of a channel sample shall not exceed 15 kg (the volume of stone slab sample shall not exceed 0,4 m3). Surface sampling tasks must be completed within 01 month.
  3. Within 10 working days from the receipt of the application as prescribed in Clause 1 of this Article, the relevant provincial People’s Committee shall give a written notice indicating its approval or refusal to approve the application directly or by post or via the online public service portal to the applicant. If an application is refused, the written notice sent to the applicant shall also indicate reasons for such refusal.”
  4. Clause 4 Article 45 is abrogated.
  5. Article 47 is amended as follows:

“Article 47. Authorities receiving applications for license to conduct mineral activities, applications for approval of mineral reserves, and applications for approval of mine closure

The following authorities shall take charge of receiving applications for license to conduct mineral activities, applications for approval of mineral reserves, and applications for approval of mine closure:

  1. The office in charge of receiving administrative procedure applications and returning processing results of the Ministry of Natural Resources and Environment of Vietnam shall receive and return processing results of administrative procedure applications under the licensing authority of the Ministry of Natural Resources and Environment of Vietnam.
  2. Public administration services centers affiliated to provincial People’s Committees (or offices in charge of receiving applications and returning processing results of Provincial Departments of Natural Resources and Environment) shall take charge of receiving applications for license to conduct mineral activities; applications for registration of mining areas and volumes of minerals extracted as common building materials of construction works, including applications for registration of volumes of sand and gravels obtained during the implementation of channel dredging and expansion projects; applications for approval, recognition and certification of mineral reserves under mineral exploration reports; applications for approval for closure of mines under the licensing authority of provincial People’s Committees.”
  3. Clause 3 Article 48 is amended as follows:

“3. Return of application processing results:

  1. a) Processing results of applications for license to conduct mineral activities, including applications for registration of mining areas and volumes of minerals extracted as common building materials of construction works, and applications for registration of volumes of sand and gravels obtained during the implementation of channel dredging and expansion projects, shall be returned to applicants directly at the offices of the receiving authorities or by post or via the online public service portal as requested by the applicants;
  2. b) Processing results of applications for approval, recognition and certification of mineral reserves under mineral exploration reports, and applications for approval for mine closure shall be returned to applicants directly at the offices of the receiving authorities or by post or via the online public service portal as requested by the applicants.”
  3. Point b Clause 1 Article 49 is amended as follows:

“b) Certified true copies or copies presented together with their originals for verification purpose or certified electronic copies of the decision on establishment of representative office or branch in Vietnam, if the applicant is a foreign enterprise, and documents proving the owner’s equity as prescribed in Article 9 of this Decree.

The application for license to explore radioactive ores shall also include the safety appraisal report given by the Vietnam Agency for Radiation and Nuclear Safety affiliated to the Ministry of Science and Technology of Vietnam.”

  1. Point b Clause 2 Article 49 is amended as follows:

“b) The originals or certified true copies or copies presented together with their originals for verification purpose or certified electronic copies of the documents on fulfillment of obligations arising from exploration activities by the time of submission of application for renewal of the mineral exploration license.”

  1. Point b Clause 3 Article 49 is amended as follows:

“b) The originals or certified true copies or copies presented together with their originals for verification purpose or certified electronic copies of the documents on fulfillment of obligations arising from exploration activities by the time of submission of application for return of the license.”

  1. Point b Clause 4 Article 49 is amended as follows:

“b) Certified true copies or copies presented together with their originals for verification purpose or certified electronic copies of the business registration certificate or enterprise registration certificate of the applicant for transfer of mineral exploration right, and the documents proving that the applicant has fulfilled its obligations as prescribed in Points b, c, d and e Clause 2 Article 42, Clause 3 Article 43 of the Law on Mineral Resources.”

  1. Clause 2 Article 50 is abrogated.
  2. Point b Clause 1 Article 51 is amended as follows:

“b) Certified true copies or copies presented together with their originals for verification purpose or certified electronic copies of documents proving the owner’s equity as prescribed in Article 9 of this Decree.

The application for license to extract radioactive ores shall also include the safety appraisal report given by the Vietnam Agency for Radiation and Nuclear Safety affiliated to the Ministry of Science and Technology of Vietnam.”

  1. Point b Clause 2 Article 51 is amended as follows:

“b) The originals or certified true copies or copies presented together with their originals for verification purpose or certified electronic copies of the documents proving the applicant’s fulfillment of obligations prescribed in Points a, b, c, dd, e and g Clause 2 Article 55 of the Law on Mineral Resources by the time of submission of application for renewal.”

  1. Point b Clause 3 Article 51 is amended as follows:

“b) The originals or certified true copies or copies presented together with their originals for verification purpose or certified electronic copies of the documents proving the applicant’s fulfillment of obligations prescribed in Points a, b, c, dd, e and g Clause 2 Article 55 of the Law on Mineral Resources by the time of submission of application for return of the license.”

  1. Point b Clause 4 Article 51 is amended as follows:

“b) The originals or certified true copies or copies presented together with their originals for verification purpose or certified electronic copies of the documents proving the applicant’s fulfillment of obligations prescribed in Points a, b, c, dd and g Clause 2 Article 55 of the Law on Mineral Resources by the time of submission of application for transfer of mining rights;”

  1. Point c Clause 4 Article 51 is amended as follows:

“c) Certified true copy or copy presented together with its original for verification purpose or certified true electronic copy of the original of the investment certificate or investment registration certificate (if the transferee is an enterprise involving foreign elements).”

  1. Point b Clause 1 Article 52 is abrogated.
  2. Point b Clause 2 Article 52 is amended as follows:

“b) The originals or certified true copies or copies presented together with their originals for verification purpose or certified electronic copies of the documents proving the applicant’s fulfillment of obligations prescribed in Clause 2 Article 69 of the Law on Mineral Resources by the time of submission of application for renewal.”

  1. Point b Clause 3 Article 52 is amended as follows:

“b) The originals or certified true copies or copies presented together with their originals for verification purpose or certified electronic copies of the documents proving the applicant’s fulfillment of obligations prescribed in Clause 2 Article 69 of the Law on Mineral Resources by the time of submission of application for return of the license.”

  1. Clause 2 Article 54 is amended as follows:

“2. The originals or certified true copies or copies presented together with their originals for verification purpose or certified electronic copies of the decision on approval of the construction project given by a competent authority, and the master plan map of the construction site of the project approved by a competent authority.”

  1. Clause 2 Article 55 is amended as follows:

“2. Composition and format of documents included in the application for modification of the mining license:

  1. a) The originals of the application for modification of the mining license; the investment project which has been modified according to the new approved mineral reserves or the modified capacity, mining methods or technologies, and is accompanied with the approval decision; the report on mining results and fulfilled obligations by the time of submission of the application, and documents on approval of modification of the mining license given by competent authorities;
  2. b) The originals or certified true copies or copies presented together with their originals for verification purpose or certified electronic copies of notes to reports, attached drawings and decision on approval of results of exploration for upgrading of mineral reserves given by a competent authority; documents on the renaming or changes in organizational structure in the case specified in Point c Clause 1 of this Article.”
  3. Point b Clause 2 Article 56 is amended as follows:

“b) The originals or certified true copies or copies presented together with their originals for verification purpose or certified electronic copies of the environmental remediation and restoration plan, accompanied with the approval decision, and documents proving the applicant’s fulfillment of obligations prescribed in Points a, b, c, dd, e and g Clause 2 Article 55 of the Law on Mineral Resources by the time of submission of application for mine closure.”

  1. Point a Clause 1 Article 58 is amended as follows:

“a) Within 03 working days from the receipt of the first application for mineral exploration license, the receiving authority shall publicly publish information concerning the applicant’s name, name of the mineral to be explored and location of exploration activities at the head office and on the website of the licensing authority, and on the national e-procurement system and/or Vietnam Public Procurement Review Journal.

The time limit for receiving and publishing information on other applications for mineral exploration license shall be 30 working days from the receipt of the first application;”

  1. Point b Clause 2 Article 58 is amended as follows:

“b) Within 03 working days from the receipt of the first application for mineral exploration license, the receiving authority shall examine the documents included in the received application. If such documents meet the requirements laid down in Clause 1 Article 47 of the Law on Mineral Resources and Clause 1 Article 49 of this Decree, the receiving authority shall issue an application receipt note and publish information on the applicant’s name, name of the mineral to be explored and location of exploration activities at the head office and on the website of the licensing authority, and on the national e-procurement system and/or Vietnam Public Procurement Review Journal.”

  1. Clause 6 Article 58 is amended as follows:

“6. Return of processing results of application for mineral exploration license

Within 03 working days from the receipt of the application for mineral exploration license returned by the licensing authority, the receiving authority shall request the applicant to receive their application processing results and fulfill relevant obligations as prescribed.”

  1. Point a Clause 2 Article 59 is amended as follows:

“a) Within 38 working days from the issue date of the application receipt note, the receiving authority shall send the mineral exploration scheme to some experts in specialized areas for their opinions, and organize the appraisal of the mineral exploration scheme. Requested experts shall give their opinions within 10 working days from the receipt of request for opinions from the receiving authority.

In case of a complicated mineral exploration scheme, the receiving authority shall request the provincial People’s Committee to establish a technical council in charge of appraising the scheme. The period of time for issuing establishment decision and holding meetings of the technical council shall be included in the prescribed time limit for appraising the mineral exploration scheme;”

  1. Point b Clause 1 Article 60 is amended as follows:

“b) Within 03 working days from the receipt of the application, the receiving authority shall examine the documents included in the application. If the documents included in the application meet the requirements laid down in Clause 1 Article 59 of the Law on Mineral Resources and Clause 1 Article 51 of this Decree, the receiving authority shall issue an application receipt note. If the documents included in the application are inadequate or do not comply with regulations of law, the receiving authority shall instruct the applicant in writing to modify its application. Issuance of written instructions and request for modification of the application shall be only made once by the receiving authority.”

  1. Point c Clause 2 Article 60 is amended as follows:

“c) Within 38 working days, the receiving authority shall complete its appraisal of documents and other contents relevant to mining activities and determination of charges for granting mining rights.”

  1. Clause 4 Article 60 is amended as follows:

“4. Notification and return of processing results of application for mining license

Within 03 working days from the receipt of the application for mining license returned by the licensing authority, the receiving authority shall request the applicant to receive their application processing results and fulfill relevant obligations as prescribed. The period of time for completing procedures for first payment of the charges for granting mining rights shall not be included in this time limit.”

  1. Point b Clause 1 Article 63 is amended as follows:

“b) Within 03 working days from the receipt of the application, the receiving authority shall examine the documents included in the application. If the documents included in the application meet the requirements laid down in Article 54 of this Decree, the receiving authority shall issue an application receipt note. If the documents included in the application are inadequate or do not comply with regulations of law, the receiving authority shall instruct the applicant in writing to modify its application. Issuance of written instructions and request for modification of the application shall be only made once by the receiving authority.”

  1. Clause 3 Article 63 is amended as follows:
  2. Submission of application for mining license:

“a) Within 03 working days from the completion of the tasks in Clause 2 of this Article, the receiving authority shall complete and submit the application to the licensing authority;

  1. b) Within 03 working days from the receipt of the application submitted by the receiving authority, the licensing authority shall decide to issue or refuse to issue the mining license. In case of refusal to issue the mining license, a written response indicating reasons for such refusal shall be given.”
  2. Clause 4 Article 63 is amended as follows:

“4. Notification and return of processing results of application for mining license

Within 03 working days from the receipt of the application for mining license returned by the licensing authority, the receiving authority shall request the applicant to receive their application processing results and fulfill relevant obligations as prescribed. The period of time for completing procedures for payment of the charges for granting mining rights shall not be included in this time limit.”

  1. Point b Clause 1 Article 65 is amended as follows:

“b) Within 03 working days from the receipt of the application, the receiving authority shall examine the documents included in the application. If the documents included in the application are satisfactory as prescribed, the receiving authority shall issue an application receipt note.”

  1. Point b Clause 2 Article 65 is amended as follows:

“b) Within 30 working days, the receiving authority shall complete the appraisal of documents and other contents relevant to the renewal, transfer, return of part of exploring or mining area, return of mineral exploration license or mining license; the appraisal of documents and other contents relevant to the renewal or return of the salvage mining license shall be completed within 03 working days.”

  1. Article 66 is amended as follows:

“Article 66. Procedures for approval of mineral reserves

  1. Receipt of application:
  2. a) The holder of the mineral exploration license shall submit an application for approval of mineral reserves directly or by post or via the online public service portal to the receiving authority;
  3. b) Within 03 working days from the receipt of the application, the receiving authority shall examine the received application. If the documents included in the application meet the requirements laid down in Clause 1 Article 50 of the Law on Mineral Resources and Article 50 of this Decree, the receiving authority shall request the applicant to pay fee for appraisal and assessment of mineral reserves as prescribed. The receiving authority shall issue an application receipt note immediately after the applicant has fully paid the fee.

If the documents included in the application are inadequate or do not comply with regulations of law, the receiving authority shall instruct the applicant in writing to modify its application. Issuance of written instructions and request for modification of the application shall be only made once by the receiving authority.

  1. Inspection of report on mineral reserves:
  2. a) Within 30 working days from the issuance of the application receipt note, the receiving authority shall examine and inspect all documents constituting the report, and conduct field survey of exploring area, drill core samples, ditches and wells, where necessary;
  3. b) Within 60 working days from the completion of the tasks in Point a of this Clause, the receiving authority shall send the report on exploration results to experts in specialized areas for getting their opinions about the report. Requested experts shall give their opinions within 20 working days from the receipt of request for opinions from the receiving authority;
  4. c) Within 30 working days from the completion of the tasks in Point b of this Clause, the receiving authority shall consolidate opinions given by experts and prepare documents for submission to the national mineral reserves assessment council or the provincial People’s Committee for consideration.

If the report does not meet the requirements for submission to the national mineral reserves assessment council or the provincial People’s Committee for approval, the receiving authority shall send a written request for modification which indicates unsatisfactory contents and is accompanied by written opinions of experts to the applicant.

The period of time for modification of the report by the applicant shall not be included in the prescribed time limit for appraisal of the report.

  1. Appraisal of report on exploration results and approval of reported mineral reserves:
  2. a) Within 30 working days from the completion of the tasks in Point c Clause 2 of this Article, the Chairperson of the national mineral reserves assessment council shall convene the council’s meeting; the provincial People’s Committee shall decide whether or not to establish a technical counseling council as prescribed in Clause 3 Article 34 of this Decree.
  3. b) Within 10 working days from the end of the meeting of the national mineral reserves assessment council or the technical counseling council, the receiving authority shall complete the meeting minutes. If the report on exploration results needs to be modified according to opinions given by the national mineral reserves assessment council, technical counseling council or provincial People’s Committee, the receiving authority shall send a written request for modification which is accompanied by the meeting minutes to the applicant.

The period of time for modification of the report by the applicant shall not be included in the prescribed time limit for appraisal of the report.

  1. c) Within 15 working days from the receipt of the modified report on exploration results, the receiving authority shall submit all documents to the authority competent to approve mineral reserves as prescribed in Clause 1 Article 49 of the Law on Mineral Resources.
  2. d) Within 03 working days from the receipt of documents submitted by the receiving authority, the authority competent to approve mineral reserves shall issue a decision to approve the mineral reserves specified in the report on exploration results.
  3. Return of application processing results

Within 03 working days from the receipt of the response given by the authority competent to approve mineral reserves, the receiving authority shall request the applicant to receiving their application processing results directly or by post or via the online public service portal and fulfill other relevant obligations.”

Article 5. The phrase “Chứng minh thư nhân dân” (“ID card”) is replaced with the phrase “số Chứng minh nhân dân/số thẻ Căn cước công dân/số định danh cá nhân” (“ID card/ citizen identity card/ personal identification number”) in Form No. 03 enclosed with the Government’s Decree No. 67/2019/ND-CP dated July 31, 2019 prescribing charges for granting mining rights and calculation methods thereof.

Article 6. The phrase “số giấy chứng minh thư nhân dân” (“ID card”) is replaced with the phrase “số Chứng minh nhân dân/số thẻ Căn cước công dân/số định danh cá nhân” (“ID card/ citizen identity card/ personal identification number”) in Form No. 02, Form No. 03, Form No. 05, Form No. 06, Form No. 08, Form No. 09, Form No. 10, Form No. 11, and Form No. 12 of the Government’s Decree No. 160/2013/ND-CP dated November 12, 2013 introducing criteria for determination, and regulations on management and protection of endangered, precious and rare species.

Article 7. Amendments to Government’s Decree No. 59/2017/ND-CP dated May 12, 2017 prescribing management of access to genetic resources and sharing of benefits from use of genetic resources

  1. The phrase “chứng minh nhân dân” (“ID card”) is replaced with the phrase “Chứng minh nhân dân/thẻ Căn cước công dân/số định danh cá nhân” (“ID card/ citizen identity card/ personal identification number”) in Point b Clause 2 Article 9.
  2. The phrase “chứng minh nhân dân, thẻ căn cước công dân” (“ID card, citizen identity card”) is replaced with the phrase “Chứng minh nhân dân/thẻ Căn cước công dân/số định danh cá nhân” (“ID card/ citizen identity card/ personal identification number”) in Point c Clause 2 Article 11 and Point b Clause 1 Article 20.

Article 8. Amendments to and abrogation of some Articles of the Government’s Decree No. 38/2016/ND-CP dated May 15, 2016 elaborating the Law on Meteorology and Hydrology

  1. Point b Clause 1 Article 15 is amended as follows:

“b) A certified true copy or copy presented together with its original for verification purpose or certified true electronic copy of the original of the establishment decision of the organization (except company, enterprise o business entity that has been issued with business registration certificate on the national registration database);”

  1. Point c Clause 1 Article 15 is amended as follows:

“c) Certified true copies or copies presented together with their originals for verification purpose or certified electronic copies of diplomas, degrees, certificates and employment contracts of employees;”

  1. Point b Clause 2 Article 15 is amended as follows:

“c) Certified true copies or copies presented together with their originals for verification purpose or certified electronic copies of diplomas, degrees, certificates of training in majors relevant to forecast and warning activities to be licensed;”

  1. Point c Clause 3 Article 15 is abrogated.
  2. Article 16 is amended as follows:

“Article 16. Procedures for issuance, renewal or modification of license for hydro-meteorological forecast and warning activities

  1. Receiving authorities
  2. a) The office in charge of receiving administrative procedure applications and returning processing results of the Ministry of Natural Resources and Environment of Vietnam shall receive applications for issuance, renewal or modification of license for hydro-meteorological forecast and warning activities under the jurisdiction of the Ministry of Natural Resources and Environment of Vietnam;
  3. b) Public administration services centers affiliated to provincial People’s Committees (or offices in charge of receiving applications and returning processing results of Provincial Departments of Natural Resources and Environment) shall receive applications for issuance, renewal or modification of license for hydro-meteorological forecast and warning activities under the jurisdiction of Chairpersons of provincial People’s Committees.
  4. Procedures for issuance, renewal or modification of licenses by the Minister of Natural Resources and Environment of Vietnam

The applicant shall submit an application for issuance, renewal or modification of license which is made as prescribed in Article 15 of this Decree directly or by post or via the online public service portal to the office in charge of receiving administrative procedure applications and returning processing results of the Ministry of Natural Resources and Environment of Vietnam.

  1. Procedures for issuance, renewal or modification of licenses by a Chairperson of provincial People’s Committee

The applicant shall submit an application for issuance, renewal or modification of license which is made as prescribed in Article 15 of this Decree directly or by post or via the online public service portal to the public administration services center affiliated to the provincial People’s Committee (or the office in charge of receiving applications and returning processing results of Provincial Department of Natural Resources and Environment).”

  1. Article 17 is amended as follows:

“Article 17. Sequence and time limit for issuance, renewal or modification of license for hydro-meteorological forecast and warning activities

  1. Within 02 working days from the receipt of the application, the appraising authority shall consider, examine and determine whether the received application is valid. If the application is invalid, the appraising authority shall request the applicant to modify its application as prescribed.
  2. Upon receipt of an adequate and valid application as prescribed, the appraising authority shall organize appraisal, verification, surveys and assessment, reach conclusions, and, if the application is satisfactory, request the Minister of Natural Resources and Environment of Vietnam or Chairperson of the provincial People’s Committee to issue, renew or modify the license for hydro-meteorological forecast and warning activities within 15 working days.

If the application is unsatisfactory and refused, the appraising authority shall give a written response indicating reasons for such refusal to the applicant.

  1. A license for hydro-meteorological forecast and warning activities issued by the Minister of Natural Resources and Environment of Vietnam shall be delivered to the applicant directly at the office in charge of receiving administrative procedure applications and returning processing results of the Ministry of Natural Resources and Environment of Vietnam or by post or via the online public service portal after the corresponding time limit prescribed in Article 17 of this Decree.
  2. A license for hydro-meteorological forecast and warning activities issued by the Chairperson of a provincial People’s Committee shall be delivered to the applicant directly at the public administration services center affiliated to the provincial People’s Committee (or the office in charge of receiving applications and returning processing results of Provincial Department of Natural Resources and Environment) or by post or via the online public service portal after the corresponding time limit prescribed in Article 17 of this Decree.”
  3. Clause 2 and Clause 3 Article 18 are amended as follows:

“2. Re-issuance of license

  1. a) Re-issuance of a license by the Minister of Natural Resources and Environment of Vietnam

The applicant shall submit an application form made using Form No. 02 in the Appendix enclosed herewith directly or by post or via the online public service portal to the office in charge of receiving administrative procedure applications and returning processing results of the Ministry of Natural Resources and Environment of Vietnam according to the same procedures as those for issuance of a new license.

  1. b) Re-issuance of a license by a Chairperson of provincial People’s Committee

The applicant shall submit an application form made using Form No. 02 in the Appendix enclosed herewith directly or by post or via the online public service portal to the public administration services center affiliated to the provincial People’s Committee (or the office in charge of receiving applications and returning processing results of Provincial Department of Natural Resources and Environment) according to the same procedures as those for issuance of a new license.

  1. Sequence and time limit for re-issuance of a license for hydro-meteorological forecast and warning activities
  2. a) The Ministry of Natural Resources and Environment of Vietnam or provincial People’s Committee shall consider, appraise, verify, and, if the application is satisfactory, re-issue the license for hydro-meteorological forecast and warning activities within 05 working days. If the application is unsatisfactory and refused, a written response indicating reasons for such refusal shall be given;
  3. b) A license for hydro-meteorological forecast and warning activities re-issued by the Minister of Natural Resources and Environment of Vietnam shall be delivered to the applicant directly at the office in charge of receiving administrative procedure applications and returning processing results of the Ministry of Natural Resources and Environment of Vietnam or by post or via the online public service portal after the corresponding time limit prescribed in Point a Article 3 of this Decree;
  4. c) A license for hydro-meteorological forecast and warning activities re-issued by the Chairperson of a provincial People’s Committee shall be delivered to the applicant directly at the public administration services center affiliated to the provincial People’s Committee (or the office in charge of receiving applications and returning processing results of Provincial Department of Natural Resources and Environment) or by post or via the online public service portal after the corresponding time limit prescribed in Point a Article 3 of this Decree.”
  5. The phrase “chứng minh nhân dân” (“ID card”) is replaced with the phrase “Chứng minh nhân dân/thẻ Căn cước công dân/số định danh cá nhân” (“ID card/ citizen identity card/ personal identification number”) in Clause 3 Article 31.
  6. Article 34 (as amended by the Government’s Decree No. 48/2020/ND-CP dated April 15, 2020 providing amendments to the Government’s Decree No. 38/2016/ND-CP dated May 15, 2016 elaborating the Law on Meteorology and Hydrology) is amended as follows:

“Article 34. Procedures and reporting regime for exchange of hydro-meteorological or climate change monitoring information and data with international organizations, foreign organizations and individuals

  1. Any regulatory authority, organization or individual that wishes to exchange hydro-meteorological or climate change monitoring information/data with an international organization or a foreign organization or individual shall submit an application for permission via the online public service portal or by post or directly to the office in charge of receiving administrative procedure applications and returning processing results of the Ministry of Natural Resources and Environment of Vietnam. Such application includes:
  2. a) Name and address of the applicant, and certified true copies or certified electronic copies or copies presented together with their originals for verification purpose of documents proving the legal status (for regulatory authorities and organizations), or ID card/ citizen identity card/ personal identification number (for individuals) according to regulations of civil code;
  3. b) Purpose of information/data exchanged with the international organization or foreign organization or individual;
  4. c) Type and quantity of information/data exchanged with the international organization or foreign organization or individual;
  5. d) Name and address of the international organization or foreign organization or individual with which information/data is exchanged;
  6. dd) Time of information/data exchange;
  7. e) Method of information/data exchange;
  8. g) Time limit for information/data exchange.
  9. Within 02 working days from the receipt of the application, the appraising authority shall consider, examine and determine whether the received application is valid. If the application is invalid, the appraising authority shall request the applicant to modify its application as prescribed.
  10. Upon receipt of an adequate and valid application as prescribed, the appraising authority shall consider and organize appraisal, verification, survey and assessment, reach conclusions, and request the Minister of Natural Resources and Environment of Vietnam to give a written approval using Form No. 07 in the Appendix enclosed herewith within 15 working days. Such written approval shall be delivered to the applicant directly at office in charge of receiving administrative procedure applications and returning processing results of the Ministry of Natural Resources and Environment of Vietnam, or by post or via the online public service portal.

If the application is refused, the Ministry of Natural Resources and Environment of Vietnam shall give a written response indicating reasons for such refusal.

  1. Within 10 days after the information/date exchange with the international organization or foreign organization or individual has been completed, the regulatory authority, organization or individual shall submit a report on the exchange using Form No. 08 in the Appendix enclosed herewith to the Ministry of Natural Resources and Environment; If the exchange lasts for more than 01 year, a report on the previous year’s exchange must be submitted by January 15 every year.
  2. The exchange of hydrometeorological information and data considered as state secrets shall comply with regulations of laws on state secret protection.”
  3. The phrase “Quyết định thành lập/giấy chứng nhận hoạt động kinh doanh” (“establishment decision/business registration certificate”) is replaced with the phrase “Số, ký hiệu của Quyết định thành lập/Mã số doanh nghiệp của Giấy chứng nhận hoạt động kinh doanh, ngày cấp, nơi cấp” (“number and sign of the establishment decision/enterprise ID number, issue date and issuing authority of business registration certificate”) in Form No. 02 in the Appendix enclosed herewith.
  4. The phrase “Số CMTND, ngày cấp, nơi cấp (đối với cá nhân)” (“number, issue date and issuing authority of ID card (for individuals)”) is replaced with the phrase “số Chứng minh nhân dân/số thẻ Căn cước công dân/số định danh cá nhân, ngày cấp, nơi cấp (đối với cá nhân)” (“number, issue date and issuing authority of ID card/ citizen identity card/ personal identification number (for individuals)”) in Form No. 04 in the Appendix enclosed herewith.

Article 9. Amendments to Government’s Decree No. 27/2019/ND-CP dated March 13, 2019 elaborating the Law on Topography and Cartography (as amended by Government’s Decree No. 136/2021/ND-CP dated December 31, 2021 providing amendments to Decree No. 27/2019/ND-CP)

  1. The phrase “thẻ Căn cước công dân hoặc hộ chiếu hoặc Chứng minh nhân dân” (“citizen identity card or passport or ID card”) is replaced with the phrase “Chứng minh nhân dân/thẻ Căn cước công dân/số định danh cá nhân/hộ chiếu” (“ID card/ citizen identity card/ personal identification number/passport”) in Clause 3 Article 21 (as amended by Point b Clause 4 Article 1 of Decree No. 136/2021/ND-CP); the phrase “thẻ Căn cước công dân, hoặc hộ chiếu hoặc Chứng minh nhân dân” (“citizen identity card or passport or ID card”) is replaced with the phrase “Chứng minh nhân dân/thẻ Căn cước công dân/số định danh cá nhân/hộ chiếu” (“ID card/ citizen identity card/ personal identification number/passport”) in Clause 4 Article 21; the phrase “số thẻ Căn cước công dân hoặc Chứng minh nhân dân” (“number of citizen identity card or ID card”) is replaced with the phrase “số Chứng minh nhân dân/số thẻ Căn cước công dân/số định danh cá nhân” (“number of ID card/ citizen identity card/ personal identification number”) in Clause 7 Article 21.
  2. The phrase “số thẻ Căn cước công dân hoặc Chứng minh nhân dân” (“number of citizen identity card or ID card”) is replaced with the phrase “số Chứng minh nhân dân/số thẻ Căn cước công dân/số định danh cá nhân” (“number of ID card/ citizen identity card/ personal identification number”) in Point b Clause 2 Article 43.
  3. The phrase “số căn cước công dân hoặc số chứng minh thư nhân dân” (“number of citizen identity card of ID card”) is replaced with the phrase “số Chứng minh nhân dân/số thẻ Căn cước công dân/số định danh cá nhân” (“number of ID card/ citizen identity card/ personal identification number”) in Clause 1 Article 52 (as amended by Clause 23 Article 1 of the Decree No. 136/2021/ND-CP).
  4. The phrase “Số CMND/căn cước công dân….” (“number of ID card/ citizen identity card…”) is replaced with the phrase “số Chứng minh nhân dân/số thẻ Căn cước công dân/số định danh cá nhân, … ngày cấp, nơi cấp” (“number, issue date and issuing authority of ID card/ citizen identity card/ personal identification number, ….”) in Form No. 03, Form No. 19 in Appendix I enclosed with the Decree No. 27/2019/ND-CP.
  5. The phrase “Số CMND/CCCD(3) :… Ngày cấp …” (“number of ID card/ citizen identity card(3):… Issue date …”) is replaced with the phrase “số Chứng minh nhân dân/số thẻ Căn cước công dân/số định danh cá nhân, … ngày cấp, nơi cấp” (“number, issue date and issuing authority of ID card/ citizen identity card/ personal identification number, ….”) in Form No. 02, Form No. 03, Form No. 05, Form No. 11, Form No. 12 and Form No. 13 in Appendix IA enclosed with the Decree No. 136/2021/ND-CP.
  6. The phrase “Giấy chứng nhận đăng ký doanh nghiệp/Quyết định thành lập số” (“number of enterprise registration certificate/ establishment decision”) is replaced with the phrase “Mã số doanh nghiệp của Giấy chứng nhận đăng ký doanh nghiệp/số, ký hiệu Quyết định thành lập, ngày cấp, nơi cấp” (“enterprise ID number of enterprise registration certificate/number, sign, issue date and issuing authority of establishment decision”) in Form No. 04, Form No. 06, Form No. 07, Form No. 08, Form No. 10 in Appendix IA enclosed with the Decree No. 136/2021/ND-CP.

Article 10. The phrase “Số CMTND/Thẻ căn cước” (“number of ID card/ citizen identity card”) is replaced with the phrase “số Chứng minh nhân dân/số thẻ Căn cước công dân/số định danh cá nhân” (“number of ID card/ citizen identity card/ personal identification number”) in Form No. 02 in the Appendix enclosed with the Government’s Decree No. 03/2019/ND-CP dated January 04, 2019 on remote sensing activities.

Article 11. The phrase “Số CMTND/Căn cước công dân” (“number of ID card/ citizen identity card”) is replaced with the phrase “số Chứng minh nhân dân/số thẻ Căn cước công dân/số định danh cá nhân” (“number of ID card/ citizen identity card/ personal identification number”) in Form No. 01, Form No. 02, Form No. 05 in the Appendix enclosed with the Government’s Decree No. 73/2017/ND-CP dated June 14, 2017 on collection, management and use of natural resources and environment-related information and data.

Article 12. Implementation

  1. This Decree comes into force from the date on which it is signed.
  2. Transition

Business conditions, adequate and valid applications received before the effective date of this Decree shall be processed in accordance with provisions of Decrees in force at the time of application receipt.

  1. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of provincial People’s Committees and relevant organizations and individuals shall implement this Decree.

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