A number of conditions for investment and business in the field of natural resources and environment
13:46 21/12/2016
This Decree prescribes a number of conditions for investment and business in the field of water resources, minerals and environmental protection, including: Conditions for the grant of underground water drilling practice licenses; Capacity conditions on organizations conducting baseline water resource survey, providing consultancy on water resource planning; capacity conditions on organizations and individuals providing consultancy on formulation of schemes and reports in dossiers of application for water resource licenses; Conditions on mineral exploration practicing organizations;Conditions for trading in bio-products used in waste treatment; Conditions for commercial transportation of dangerous goods being hazardous substances or contagious matters of category 6 prescribed in Clause 1, Article 4 of the Government’s Decree No. 29/2005/ND-CP of March 10, 2005, defining the list of dangerous goods and the transportation thereof on inland waterways (below referred to as Decree No. 29/2005/ND-CP); Clause 1, Article 22 of the Government’s Decree No. 14/2015/ND-CP of February 13, 2015, detailing and guiding the implementation of a number of articles of the Railways Law (below referred to as Decree No. 14/2015/ND-CP) and Clause 1, Article 4 of the Government’s Decree No. 104/2009/ND-CP of November 9, 2006, defining the list of dangerous goods and the transportation thereof by road motor vehicles (below referred to as Decree No. 104/2009/ND-CP); Conditions for grant of hazardous waste treatment permits.
Conditions on professional employees of organizations formulating schemes or reports in dossiers of application for water resource licenses is stipulated as follow
1. Number of professional employees:
a/ For schemes and reports under the licensing competence of the Ministry of Natural Resources and Environment: Having at least 3 employees who have been trained in a major specified in Clause 2 of this Article;
b/ For schemes and reports under the licensing competence of provincial-level People’s Committees: Having at least 2 employees who have been trained in a major specified in Clause 2 of this Article.
2. Majors:
a/ For schemes and reports on surface water or marine water exploitation and use: majors relevant to surface water, marine water (hydrology, marine hydrology, engineering hydrology, environmental hydrology and water resource techniques);
b/ For schemes and reports on underground water exploration, exploitation and use: majors relevant to underground water (geology, hydrogeology, engineering geology, exploration drilling, geophysics and geotechnics);
c/ For schemes and reports on discharge of wastewater into water sources: training majors relevant to environment (environmental science, environmental technology, environmental techniques and environmental management).
3. Working experience:
a/ For schemes and reports under the licensing competence of the Ministry of Natural Resources and Environment: Having at least 3 years’ experience in the field of water resources or environment or having personally participated in the formulation of at least 3 schemes or reports. For persons taking charge of technical matters of schemes or reports, having at least 5 years’ experience or personally participated in the formulation of at least 5 schemes or reports;
b/ For schemes and reports under the licensing competence of provincial-level People’s Committees: Having at least 2 years’ experience in the field of water resources, environment or personally participated in the formulation of at least one scheme or report. For persons taking charge of technical matters of schemes or reports, having at least 3 years’ experience or personally participated in the formulation of at least 3 schemes or reports.
This Decree takes effect on July 1, 2016. The Decree also stipulate the transitional provisions as follow:
a/ Organizations and individuals that are granted underground water drilling practice licenses before this Decree takes effect may continue using them. Dossiers of application for underground water drilling practice licenses received by competent agencies before this Decree takes effect shall be processed according to the regulations effective at the time of receipt.
Organizations and individuals that obtain approval or task assignment decisions or contracts for performance of water resource baseline survey, consultancy on water resource planning, formulation of schemes or reports in dossiers of application for water resource licenses before this Decree takes effect, will continue implementing or performing them.
b/ Organizations and individuals that are granted certificates of sale of bio-products before this Decree takes effect may continue using them, except for withdrawn ones. Dossiers already received by competent state agencies before this Decree takes effect shall be processed under regulations effective at the time of receipt;
c/ Permits for transportation of dangerous goods being hazardous substances or contagious matters which become valid before this Decree takes effect may continue to be used, except for withdrawn or re-grant ones. The receipt and processing of dossiers of application for permits for transportation of dangerous goods being hazardous substances or contagious substances before this Decree takes effect shall be carried out under regulations effective at the time of receipt.
Conditions on professional employees of organizations formulating schemes or reports in dossiers of application for water resource licenses is stipulated as follow
1. Number of professional employees:
a/ For schemes and reports under the licensing competence of the Ministry of Natural Resources and Environment: Having at least 3 employees who have been trained in a major specified in Clause 2 of this Article;
b/ For schemes and reports under the licensing competence of provincial-level People’s Committees: Having at least 2 employees who have been trained in a major specified in Clause 2 of this Article.
2. Majors:
a/ For schemes and reports on surface water or marine water exploitation and use: majors relevant to surface water, marine water (hydrology, marine hydrology, engineering hydrology, environmental hydrology and water resource techniques);
b/ For schemes and reports on underground water exploration, exploitation and use: majors relevant to underground water (geology, hydrogeology, engineering geology, exploration drilling, geophysics and geotechnics);
c/ For schemes and reports on discharge of wastewater into water sources: training majors relevant to environment (environmental science, environmental technology, environmental techniques and environmental management).
3. Working experience:
a/ For schemes and reports under the licensing competence of the Ministry of Natural Resources and Environment: Having at least 3 years’ experience in the field of water resources or environment or having personally participated in the formulation of at least 3 schemes or reports. For persons taking charge of technical matters of schemes or reports, having at least 5 years’ experience or personally participated in the formulation of at least 5 schemes or reports;
b/ For schemes and reports under the licensing competence of provincial-level People’s Committees: Having at least 2 years’ experience in the field of water resources, environment or personally participated in the formulation of at least one scheme or report. For persons taking charge of technical matters of schemes or reports, having at least 3 years’ experience or personally participated in the formulation of at least 3 schemes or reports.
This Decree takes effect on July 1, 2016. The Decree also stipulate the transitional provisions as follow:
a/ Organizations and individuals that are granted underground water drilling practice licenses before this Decree takes effect may continue using them. Dossiers of application for underground water drilling practice licenses received by competent agencies before this Decree takes effect shall be processed according to the regulations effective at the time of receipt.
Organizations and individuals that obtain approval or task assignment decisions or contracts for performance of water resource baseline survey, consultancy on water resource planning, formulation of schemes or reports in dossiers of application for water resource licenses before this Decree takes effect, will continue implementing or performing them.
b/ Organizations and individuals that are granted certificates of sale of bio-products before this Decree takes effect may continue using them, except for withdrawn ones. Dossiers already received by competent state agencies before this Decree takes effect shall be processed under regulations effective at the time of receipt;
c/ Permits for transportation of dangerous goods being hazardous substances or contagious matters which become valid before this Decree takes effect may continue to be used, except for withdrawn or re-grant ones. The receipt and processing of dossiers of application for permits for transportation of dangerous goods being hazardous substances or contagious substances before this Decree takes effect shall be carried out under regulations effective at the time of receipt.