The type of irrigation / irrigation system specified in Clause 2, Article 16 of the Law on Irrigation is classified as follows:
1. Important dams and reservoirs are particularly one of the following:
a) Dams with a height of 100 m or more or dams of reservoirs specified at Point b, Point c of this Clause;
b) Water reservoirs with a total capacity of 1,000,000,000 m3 or more;
c) Reservoirs with a capacity of 500,000,000 m3 to under 1,000,000,000 m3 but the affected areas of the dams are cities or towns or have important works related to national security;
d) List of particularly important dams and reservoirs in Appendix I issued together with this Decree.
2. Large dams and reservoirs belong to one of the following cases:
a) Dams with a height of between 15 m and under 100 m or dams of reservoirs specified at Point c of this Clause;
b) Dams with a height of between 10 m and under 15 m and a dam length of 500 m or more or a dam with a height of between 10 m and under 15 m and a designed flood discharge flow of over 2,000 m3 / s;
c) Reservoirs with a total capacity of 3,000,000 m3 to under 1,000,000,000 m3, except for reservoirs specified at Point c, Clause 1 of this Article.
3. Dams and reservoirs are in one of the following cases:
a) Dams with a height of between 10 m and under 15 m or dams of reservoirs specified at Point b of this Clause, except for dams specified at Point b, Clause 2 of this Article;
b) Reservoirs with a total capacity of 500,000 m3 to under 3,000,000 m3.
4. Small dams and reservoirs are dams of less than 10 m height or reservoirs with a total capacity of less than 500,000 m3.
5. Pump station:
a) Large pumping stations are pumping stations with a total flow of 72,000 m3 / h or more;
b) Pump station is both a pump station with a total flow of 3,600 m3 / h to less than 72,000 m3 / h or a small pump station but has engine capacity of 150 KW or more per unit;
c) Small pumping station is a pump station with a total flow of less than 3,600 m3 / h.
6. Culvert:
a) Large culvert is a culvert with total drainage width:
For the Mekong River Delta region of 30 m or more;
For the remaining area of 20 m or more.
b) Culvert is both a culvert with a total drainage width:
For the Mekong River delta from 10 m to under 30 m;
For the remaining areas from 5 m to less than 20 m.
c) Small culvert is a culvert with a total drainage width:
For the Mekong River Delta region of under 10 m;
For the remaining areas below 5 m.
7. Water transmission and transmission system:
a) Channels, ditches, canals, tunnels, big sumps and bridges are works with the following parameters:
For the Mekong River delta with a flow of 100 m3 / s or more or a channel bottom width of 50 m or more;
For other areas with a flow of 50 m3 / s or more or a channel bottom width of 25 m or more.
b) Channels, ditches, canals, tunnels, troughs and bridges are both works with parameters:
For the Mekong River Delta region with a flow of 10 m3 / s to less than 100 m3 / s or a channel bottom width of 10 m to less than 50 m;
For other areas with a flow of 5 m3 / s to less than 50 m3 / s or a channel bottom width of 5 m to less than 25 m.
c) Channels, ditches, canals, tunnels, small troughs are works with the following parameters:
For the Mekong River Delta region with a flow of under 10 m3 / s or a channel bottom width of under 10 m;
For other areas with a flow of less than 5 m3 / s or a channel bottom width of less than 5 m.
8. Pipeline:
a) Large pipelines are pipelines with a flow of 3 m3 / s or more or an inner diameter of 1500 mm or more;
b) Medium pipelines are pipelines for flow from 0.25 m3 / s to less than 3 m3 / s or have an internal diameter of between 500 mm and under 1500 mm;
c) Small pipelines are pipelines with a flow of less than 0.25 m3 / s or have an internal diameter of less than 500 mm.
9. Irrigation embankment:
a) Large shores are protection dikes for areas of 10,000 ha or more;
b) The medium bank is both a protection embankment for an area of 500 ha to under 10,000 ha;
c) Small shoreline is a protective shoreline for areas of less than 500 ha.
10. System of irrigation works:
a) Large irrigation works system is a system tasked to irrigate cultivated or drained land areas for natural areas of 20,000 ha or more;
b) The system of irrigation works is both a system of irrigation for the area of arable land or drainage and drainage for a natural area of 2,000 ha to under 20,000 ha;
c) The system of small irrigation works is the system that is responsible for irrigating the area of cultivated land or drainage and drainage for a natural area of less than 2,000 ha.
11. Based on the scale, tasks, importance and level of risk in the downstream area, the Minister of Agriculture and Rural Development shall assume the prime responsibility and coordinate with the provincial-level People's Committees with dams and reservoirs. In the area, submit to the Prime Minister for decision to supplement the list of special important dams and reservoirs.
Licensing activities within construction, protection and exploitation of irrigation works:
Article 13. Permits for activities within the irrigation work protection scope
Licenses for activities within the scope of irrigation work protection, including:
1. Construction of new projects;
2. Setting up yards and yards for gathering raw materials, fuels, materials, supplies and means;
3. Drilling and digging geological surveys; mineral exploration, exploitation, construction materials, underground water exploitation;
4. Discharge of wastewater into irrigation works, except for discharge of wastewater with small-scale and containing no hazardous substances or radioactive substances;
5. Planting perennial trees;
6. Tourism, sports, scientific research, business and service activities;
7. Activities of inland waterway means and motorized means, except motorbikes, motorcycles and rudimentary inland waterway means;
8. Aquaculture;
9. Mine explosion and other explosive activities;
10. Construction of underground works.
Article 14. Licensing principles
1. Ensuring safety of irrigation works and protection of water quality; ensure the interests of the state, the rights and legitimate interests of concerned organizations and individuals.
2. Correct authority, right subjects and order and procedures as prescribed by law.
3. Compliance with irrigation planning approved by competent authorities; If no approved irrigation planning is available, it shall be based on the design and tasks of the irrigation work and the safety and operation of the irrigation work.
Article 15. Grounds for licensing
1. The granting of permits for activities within the irrigation work protection areas must be based on:
a) Tasks of irrigation works;
b) Design documents and current status of irrigation works;
c) Irrigation planning approved by competent authorities; If no approved irrigation planning is available, it is based on the design of the irrigation work and ensuring that it does not affect the safety and operation of the irrigation work.
2. In case of granting permits for discharge of wastewater into irrigation works, apart from the grounds prescribed in Clause 1 of this Article, the following provisions must also be based:
a) Ability to receive waste water from irrigation system;
b) National standards and technical regulations on waste water quality; environmental protection requirements for waste water discharge activities already approved by competent state agencies.
Article 16.- Competence to grant, re-grant, extend, adjust, suspend and withdraw permits for activities specified in Article 13 of this Decree
1. For particularly important irrigation works, irrigation works with exploitation and protection related from two or more provinces:
a) The Ministry of Agriculture and Rural Development shall grant, re-grant, extend, adjust, suspend and withdraw permits for waste water discharge activities; licenses for activities specified in Clause 1, Clause 2, Clause 3, Clause 6, Clause 9, Clause 10, Article 13 of this Decree within the scope of work protection under the Ministry's management;
b) Provincial-level People's Committees shall grant, re-grant, extend, adjust, suspend and withdraw permits for activities specified in Article 13 of this Decree, except for cases specified at Point a of this Clause. .
2. For other irrigation works:
Provincial-level People's Committees shall grant, re-grant, extend, adjust, suspend and withdraw permits for activities specified in Article 13 of this Decree.
Article 17.- Agencies receiving and managing dossiers and permits
1. The General Department of Water Resources under the Ministry of Agriculture and Rural Development receives and manages dossiers and permits under the licensing authority of the Ministry of Agriculture and Rural Development.
2. Department of Agriculture and Rural Development receives and manages dossiers and permits under the jurisdiction of provincial People's Committees.
Article 18. Term of license
1. Permits for activities within the irrigation work protection scope shall be valid for a maximum of 5 years and shall be considered for extension for many times, with each extension being 3 years at most.
2. Licensing agencies shall decide on the change of permit term in case of danger of unsafety in irrigation works; operating within the scope of work protection affecting the operation of the project; Irrigation works are no longer capable of receiving wastewater.
Article 19. Contents of permits
Permits for activities within the irrigation work protection scope include the following contents:
1. Names and addresses of organizations and individuals licensed;
2. Name of operation within the scope of irrigation work protection;
3. Scope of license application for operation; location of discharging waste water into irrigation works;
4. Scale, capacity, key parameters of licensing applications; flow, mode and regime of discharging waste water into irrigation works;
5. Term of license;
6. Requirements for activities within the protection area of irrigation works to ensure safety of works, protection of water quality in irrigation works, assurance of legitimate rights and interests of organizations, related individuals;
7. Rights and obligations of organizations and individuals licensed.
Article 20. Adjustment of license contents
1. The contents specified in the license are adjusted, including:
a) Scope of activities;
b) Scale, capacity, key parameters of the license application activities;
c) Location, flow, mode and regime of discharging waste water into irrigation works.
2. Procedures for adjustment:
Within the time of using the permit, organizations and individuals requesting adjustment of permit contents for operation within the irrigation work protection scope shall compile a dossier of adjustment and submit it to the competent state agency for regulation at Article 16 of this Decree.
Article 21. Procedures for granting licenses
1. Within 03 working days after receiving the dossier, the dossier-receiving agency shall have to consider and examine the dossier; In case the dossier is not valid, the dossier-receiving agency notifies the organization or individual requesting the completion of the dossier according to regulations.
2. Duration of licensing:
a) For activities specified in Clause 1, Clause 2, Clause 3, Clause 10 Article 13 of this Decree:
Within 25 working days after receiving a complete and valid dossier, the agency competent to grant a permit shall organize the evaluation of the dossier; In case of ineligibility, the reason for not granting the license is notified.
b) For activities specified in Clause 4, Article 13 of this Decree:
Within 30 working days after receiving a complete and valid dossier, the agency competent to grant a permit shall organize the evaluation of the dossier; In case of ineligibility, the reason for not granting the license is notified.
c) For activities specified in Clause 5, Article 13 of this Decree:
Within 10 working days after receiving a complete and valid dossier, the agency competent to grant a permit shall organize the evaluation of the dossier; In case of ineligibility, the reason for not granting the license is notified.
d) For activities specified in Clause 6, Clause 8, Clause 9 Article 13 of this Decree:
Within 15 working days after receiving a complete and valid dossier, the agency competent to grant a permit shall organize the evaluation of the dossier; In case of ineligibility, the reason for not granting the license is notified.
d) For activities specified in Clause 7, Article 13 of this Decree:
Within 7 working days after receiving a complete and valid dossier, the agency competent to grant a permit shall organize the evaluation of the dossier; In case of ineligibility, the reason for not granting the license is notified.
Article 22. Dossiers of application for licenses specified in Clauses 1, 2 and 3, Clause 8 and Clause 10, Article 13 of this Decree
Organizations and individuals applying for permits shall submit one set of dossiers directly or send them by post to the dossier-receiving agencies according to the provisions of Article 17 of this Decree. Records include:
1. An application for a permit according to the form prescribed in Appendix III enclosed with this Decree;
2. Construction design drawings for cases specified in Clause 1, Clause 2, Clause 3, Clause 10, Article 13 of this Decree;
3. Outline the location of the area where activities are proposed for licensing;
4. Evaluate the impact of activities on the operation and safety of irrigation works;
5. Written agreement of the organization or individual exploiting the irrigation work;
6. Written agreement on long-term or permanent land use with legal land users.
Article 23.- Dossiers of application for permits prescribed in Clause 4, Article 13 of this Decree
Organizations and individuals applying for permits shall submit one set of dossiers directly or send them by post to the dossier-receiving agencies according to the provisions of Article 17 of this Decree. Records include:
1. An application for a permit according to the form prescribed in Appendix III enclosed with this Decree;
2. Map of 1 / 5,000 scale of waste water treatment area, location of discharging waste water into irrigation system;
3. Written agreement of organizations and individuals exploiting irrigation works;
4. Construction design drawings, operation procedures of wastewater treatment systems;
5. Results of analysis of water quality of irrigation works at places of waste water discharge; results of waste water quality analysis before and after treatment for cases where wastewater is being discharged into irrigation works;
6. Scheme on discharge of waste water into irrigation works, for cases where waste water is not yet discharged; report on the current status of wastewater discharge in case of discharging waste water into irrigation works;
7. Copy of land use right certificate for the area where the wastewater treatment system is located.
Article 24.- Dossiers of application for permits prescribed in Clause 5, Article 13 of this Decree
Organizations and individuals applying for permits shall submit one set of dossiers directly or send them by post to the dossier-receiving agencies according to the provisions of Article 17 of this Decree. Records include:
1. An application for a permit according to the form prescribed in Appendix III enclosed with this Decree;
2. Outline of the location of the area where activities are proposed for licensing;
3. Assessing the impact of activities on the operation and safety of irrigation works;
4. Written agreement of organizations and individuals exploiting irrigation works.
Article 25.- Dossiers of application for permits prescribed in Clause 6, Article 13 of this Decree
Organizations and individuals applying for permits shall submit one set of dossiers directly or send them by post to the dossier-receiving agencies according to the provisions of Article 17 of this Decree. Records include:
1. An application for a permit according to the form prescribed in Appendix III enclosed with this Decree;
2. Approved investment projects;
3. Outline the location of the area where activities are proposed for licensing;
4. Evaluate the impact of activities on the operation and safety of irrigation works;
5. Written agreement of organizations and individuals exploiting irrigation works.
Article 26.- Dossiers of application for permits prescribed in Clause 7, Article 13 of this Decree
Organizations and individuals applying for permits shall submit one set of dossiers directly or send them by post to the dossier-receiving agencies according to the provisions of Article 17 of this Decree. Records include:
1. An application for a permit according to the form prescribed in Appendix III enclosed with this Decree;
2. Copy of road motor vehicle registration certificate; inland waterway means;
3. Outline the location of the area where activities are proposed for licensing;
4. Evaluate the impact of activities on the operation and safety of irrigation works;
5. Written agreement of organizations and individuals exploiting irrigation works.
Article 27.- Dossiers of application for permits prescribed in Clause 9, Article 13 of this Decree
Organizations and individuals applying for permits shall submit one set of dossiers directly or send them by post to the dossier-receiving agencies according to the provisions of Article 17 of this Decree. Records include:
1. An application for a permit according to the form prescribed in Appendix III enclosed with this Decree;
2. Copy of blasting passport;
3. Outline the location of the area where activities are proposed for licensing;
4. Evaluate the impact of activities on the operation and safety of irrigation works;
5. Written agreement of organizations and individuals exploiting irrigation works.
Article 28. Dossiers of application for extension and adjustment of permit contents
Organizations and individuals applying for extension or adjustment of permit contents shall submit one set of dossiers directly or send them by post to the dossier-receiving agencies according to the provisions of Article 17 of this Decree. Records include:
1. An application for extension and adjustment of permit contents according to the form prescribed in Appendix III enclosed with this Decree;
2. Additional construction design drawings or additional investment projects in case of requesting adjustment of permit contents specified in Clause 1, Clause 2, Clause 3, Clause 4, Clause 6 and Clause 10 of Article 13 This Decree; reports on waste water quality analysis, for cases of request for adjustment of permit contents prescribed in Clause 4, Article 13 of this Decree;
3. Report on the implementation of the granted license;
4. Written agreement of organizations and individuals exploiting irrigation works.
Article 29. Order and procedures for grant of extension and adjustment of permit contents
1. Organizations and individuals applying for extension or adjustment of permit contents shall submit one set of dossiers directly or send them by post to the dossier-receiving agencies according to the provisions of Article 17 of this Decree. In case of a license extension, the application must be submitted before the license expires at least 45 days.
2. Within 03 working days from the date of receipt of the dossier, the dossier-receiving agency shall have to consider and examine the dossier; In case the dossier is invalid, the dossier-receiving agency notifies the organization or individual requesting the completion of the dossier according to regulations.
3. Time limit for granting extension permits, adjusting contents:
a) For activities specified in Clause 1, Clause 2, Clause 3, Clause 4, Clause 10 Article 13 of this Decree:
Within 15 working days from the date of receipt of a complete and valid dossier, the agency competent to grant a permit shall organize the evaluation of the dossier; if it satisfies all conditions, it shall grant an extension permit and adjust the contents; In case of ineligibility, the reason for not granting the license is notified.
b) For activities specified in Clause 5, Clause 7, Article 13 of this Decree:
Within 5 working days from the date of receipt of a complete and valid dossier, the agency competent to grant a permit shall organize the evaluation of the dossier; if it is eligible, grant an extension permit and adjust the contents; In case of ineligibility, the reason for not granting the license is notified.
c) For activities specified in Clause 6, Clause 8, Clause 9 Article 13 of this Decree:
Within 10 working days from the date of receipt of a complete and valid dossier, the agency competent to grant a permit shall organize the evaluation of the dossier; if it is eligible, grant an extension permit and adjust the contents; In case of ineligibility, the reason for not granting the license is notified.
Article 30. Re-grant of permits
1. Re-granted permits fall into one of the following cases:
a) The license is lost, torn, damaged;
b) The name of the granted permit holder has been changed due to transfer, merger, division or restructuring.
2. Order and procedures for re-granting permits:
a) In the case specified at Point a, Clause 1 of this Article: Organizations and individuals shall file applications for re-grant of permits directly or send them by post to agencies receiving dossiers according to the provisions of Article 17 of the Decree. this.
b) In the case specified at Point b, Clause 1 of this Article: Organizations and individuals shall submit applications and documents evidencing the change of the name of the direct permit holder or by post to the dossier-receiving agency. as stipulated in Article 17 of this Decree.
c) Within 03 working days from the date of receipt of the application, the agency competent to issue a permit shall organize the evaluation of the dossier; In case of ineligibility to issue a license, the reason for not re-granting the license is notified.
3. The time limit stated in the re-grant permit is the remaining term of the granted permit.
Article 31. Rights of organizations and individuals licensed
Organizations and individuals granted permits for activities within the irrigation work protection scope have the following rights:
1. To carry out activities within the irrigation work protection scope at the position, duration and scale according to the permit's regulations.
2. To be guaranteed by the State with lawful rights and interests prescribed in their permits.
3. To be compensated by the State in case the license is withdrawn or the time limit is changed for defense or security reasons or for national or public interests according to law provisions.
4. Proposing agencies to grant permits for extension and adjustment of contents of permits according to regulations.
Article 32. Obligations of organizations and individuals licensed
Organizations and individuals granted permits for activities within the irrigation work protection scope have the following obligations:
1. Abide by the provisions of the Water Resources Law and other relevant laws.
2. Abide by the regulations on position, duration and scale of activities within the irrigation work protection scope stated in the granted permits.
3. Performing financial obligations in accordance with law.
4. When conducting activities, it is necessary to ensure safety for irrigation works, immediately overcome incidents and compensate for damage caused by their activities.
5. Not to impede or cause damage to the integrated exploitation of irrigation works.
6. To supply fully and truthfully data and information on activities within the irrigation work protection area when so requested by competent state agencies.
Article 33. Suspension of validity of permits
1. The license is suspended when the licensed organization or individual has one of the following violations:
a) Violating the contents prescribed in the license;
b) Abusing licenses to organize activities contrary to law provisions.
2. Duration of license suspension: Not exceeding 03 months.
3. During the time when the license is suspended, the organization or individual granted the license must not exercise the rights related to the license and must take remedial measures and compensate for damage according to regulations. under the law.
Article 34. Revocation of licenses
1. Revoked licenses fall into one of the following cases:
a) The content declared in the application file for a license is found to be untrue;
b) Organizations and individuals granted licenses are dissolved or declared bankrupt by courts; died, was declared by the court to have died, lost civil act capacity or was declared missing;
c) Licensed organizations and individuals violate decisions to suspend the validity of permits;
d) In case of ensuring national defense, security or national interests, public interests.
2. Based on the provisions of Clause 1 of this Article, the agencies competent to grant permits prescribed in Article 16 of this Decree may decide to withdraw permits.
Article 35. Inspection and inspection
1. The Ministry of Agriculture and Rural Development shall have to inspect and inspect the grant and implementation of permits for activities within the irrigation work protection areas nationwide.
2. People's Committees at all levels shall have to inspect and inspect the grant and execution of permits for activities within the irrigation work protection areas in their respective localities.