| THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT --------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No. 11/2007/TT-BTNMT | Hanoi, December 25, 2007 |
CIRCULAR
GUIDING THE GRANT OF OPERATION PERMITS FOR SPECIAL-USE HYDROMETEOROLOGICAL WORKS
Pursuant to the December 2, 1994 Ordinance on Exploitation and Protection of Hydro-meteorological Works;
Pursuant to the Governments Decree No. 24/CP of March 19, 1997, detailing the implementation of the Ordinance on Exploitation and Protection of Hydro-meteorological Works;
Pursuant to the Governments Decree No. 91/2002/ND-CP of November 11, 2002, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;
The Ministry of Natural Resources and Environment guides the grant of operation permits for special-use hydro-meteorological works as follows:
I. GENERAL PROVISIONS
1. Scope of regulation
This Circular guides the grant, extension, modification and withdrawal of operation permits for special-use hydro-meteorological works.
2. Subjects of application
a/ This Circular applies to hydrometeorology state management agencies, and organizations and individuals engaged in the construction, management, exploitation and protection of hydro-meteorological works to meet their work requirements.
b/ Basic hydro-meteorological works under the Ministry of Natural Resources and Environments management and hydro-meteorological works for defense and security purposes are not governed by this Circular.
II. PROVISIONS ON GRANTING OPERATION PERMITS FOR SPECIAL-USE HYDROMETEOROLOGICAL WORKS
1. Permit-free cases
a/ Special-use hydro-meteorological works operating for less than twelve (12) month;
b/ Rainfall-measuring works;
c/ Works measuring one or several hydro-meteorological factors to serve geological investigation and survey, hydroelectric construction, operation of reservoirs, ports and waterway transport.
2. Conditions for obtaining operation permits for special-use hydro-meteorological works
An organization or individual may be granted a permit to operate a special-use hydro-meteorological work when satisfying the following conditions:
a/ Having, a decision on the organizations establishment (or a business registration certificate) issued by a competent state agency which covers hydro-meteorological operation;
b/ The organization head or the chief technician must possess professional skills in response to requirements for each hydro-meteorological work and have at least one (01) year of experience in hydrometeorology;
c/ The works equipment and machinery must match and meet requirements for the works scale and labor safety according to current regulations;
d/ Having a land use right certificate or a notarized land-lease contract.
3. Competence to grant, extend, modify and withdraw operation permits for special-use hydro-meteorological works
a/ The Ministry of Natural Resources and Environment may grant, extend, modify or withdraw operation permits for special-use hydro-meteorological works under the management of ministries and central-level branches, economic organizations and mass organizations;
b/ Provincial/municipal Peoples Committees may grant, extend, modify or withdraw operation permits for special-use hydro-meteorological works under the management of provincial-level Services, divisions and branches, local economic organizations and mass organizations, and individuals;
c/ When necessary, the Ministry of Natural Resources and Environment may authorize provincial/municipal Peoples Committees to grant, extend, modify or withdraw operation permits for special-use hydro-meteorological works under the management of ministries, and central-level branches, economic organizations and mass organizations.
4. Permit application dossier processing agencies
a/ The Ministry of Natural Resources and Environments Hydrometeorology Department shall process permit application dossiers for cases to be licensed by the Ministry of Natural Resources and Environment;
b/ Provincial/municipal Natural Resources and Environment Services shall process permit application dossiers for cases to be licensed by provincial/municipal Peoples Committees.
5. Responsibilities of agencies competent to grant, extend, modify and withdraw operation permits for special-use hydro-meteorological works
a/ To consider the grant, extension, modification or withdrawal of operation permits for special-use hydro-meteorological works;
b/ To explain in writing to organizations and individuals when refusing to grant, extend or modify a permit;
c/ To conduct regular and extraordinary inspection and examination of the operation of special-use hydro-meteorological works.
6. Rights and responsibilities of permit holders
a/ A permit holder has the following rights:
- To carry out activities specified in the permit;
- To enjoy state protection for lawful rights and interests specified in the permit;
- To request the licensing agency to extend, modify, or re-grant the permit according to regulations;
- To petition or sue for violations hurting the holders lawful rights and interests in the course of operation of the special-use hydro-meteorological work according to law;
b/ A permit holder has the following obligations:
- To be responsible for contents of the dossier of application for obtaining, modifying or extending an operation permit for a special-use hydro-meteorological work;
- To ensure lawful operation of the special-use hydro-meteorological work in compliance with the permits provisions and relevant legal provisions on hydrometeorology;
- To manage, file and use hydro-meteorological materials exploited from the special-use hydr-meteorological work in accordance with the Governments Decree No. 24/CP of March 19, 1997, and relevant current regulations;
- To pay dossier appraisal fees and licensing charges; to compensate for the damage caused by the project owner in the course of operation according to law;
- Prior to December 15 every year, to report on the works operation to the licensing agency according to Form No. 9 attached to this Circular (not printed herein).
7. Permit term
The term of an operation permit for a special-use hydro-meteorological work is ten (10) years and may be extended many times for five (5) years each.
8. Permit extension
An operation permit for a hydro-meteorological work may be extended if the conditions prescribed in Clause 2, Section II of this Circular and the following conditions are met:
a/ In the course of operation, the organization or individual having the permit has fulfilled the obligations specified at Point b, Clause 6, Section II of this Circular; and does not violate the permits provisions and legal provisions on hydrometeorology;
b/ At the time of submitting a permit extension application dossier, the permit is still valid for at least thirty (30) days;
c/ Permit extension application dossiers that are submitted after the time prescribed at Point b of this Clause are not accepted. Licensed organizations or individuals shall submit a dossier of application for a new permit.
9. Permit modification
Contents of a permit may be considered for modification when the licensed organization or individual requests to change the works scale, or the licensing agency decides to change the works scale due to the organizations or individuals failure to satisfy conditions for the works operation prescribed in the permit.
10. Suspension of permit validity
a/ The validity of a permit is suspended in the following cases:
- The work owner violates the permits provisions;
- The work owner sells the permit.
b/ The licensing agency may decide on the duration to suspend the permit validity. During the suspension time, the permit holder does not have the rights and obligations related to the permit.
11. Permit withdrawal
A permit is withdrawn in the following cases:
a/ The organization being the work holder is dissolved or declared bankrupt by a court;
b/ The permit is not used for twelve (12) consecutive months without a competent agencys approval;
c/ The work holder violates the decision to suspend the permit validity;
d/ The permit is granted ultra vires.
12. Permit return
a/ When no longer needing a permit, a work owner may return it and shall give the reason in writing to the licensing agency;
b/ A work owner having renamed a permit may only be considered and granted a new permit after one (01) year from the date of permit return.
13. Termination of permit validity
a/ The validity of a permit terminates in the following cases:
- The permit is withdrawn;
- The permit expires without being extended;
- The permit is returned.
b/ When the validity of a permit terminates, all the rights and obligations related to the permit will also terminate.
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