Thông tư 46/2011/TT-BNNPTNT

CIRCULAR

PROVIDING FOR PROCEDURES FOR GRANTING APPROVAL AND ASSESSMENT OF DIKE-RELATED ACTIVITIES

Pursuant to the Decree No. 01/2008 /ND-CP dated 03/01/2008 of the Government regulating the functions, duties, powers and organizational structure of the Ministry of Agriculture and Rural Development and Decree No. 75/2009/ND-CP dated 10/9/2009 of the Government amending the Article 3 of the Decree No.01/2008 / ND-CP dated 03/01/2008 of the Government;

Pursuant to the Law on Dikes No. 79/2006/QH11 dated 29/11/2006 and the Decree No. 113/2007/ND-CP dated 28/6/2007 of the Government detailing and guiding the implementation of some articles of the Law on Dikes;

Pursuant to the Ordinance on flood and storm prevention and control dated 20/3/1993 and the Ordinance amending and adding some articles of the Ordinance on flood and storm prevention and control dated 24/8/2000; the Decree No. 08/2006/ND-CP dated 16/1/2006 of the Government detailing some articles of the amended and added Ordinance on flood and storm prevention and control dated 24/8/2000;

Pursuant to the Decree No. 12/2009/ND-CP dated 12/02/2009 of the Government on management of works construction investment project;

Pursuant to the Resolution No. 57/NQ-CP dated 15/12/2010 of the Government on simplification of administrative procedures under the management functions of the Ministry of Agriculture and Rural Development;

The Ministry of Agriculture and Rural Development provides for the order of implementation of the procedures for approval and assessment of dike-related activities.

Article 1. Scope of regulation

This Circular provides for the procedures for granting approval as a basis for issuing licenses for dike-related activities and assessing construction projects on river terraces approved by the Prime Minister in accord with the provisions in Article 12 of the Decree No. 12/2009/ND-CP dated 10/02/2009 of the Government on management of construction projects.

1. The activities pertaining to the dikes of special grade, grade I, II and III are subject to approval by the Ministry of Agriculture and Rural Development, including:

a) Cutting dikes for works construction within the perimeter of dike protection;

b) Drilling and digging within the perimeter of dike protection;

c) Building culvert through dikes; building special works within the perimeter of dike protection, river terraces and river beds.

2. The construction and renovation of dike-related traffic works that affect two provinces or more are subject to approval by the Ministry of Agriculture and Rural Development.

3. The construction projects on empty river terraces approved by the Prime Minister must be assessed by the Ministry of Agriculture and Rural Development before submission.

Article 2. Regulated entities

This Circular applies to the domestic bodies, organizations and individuals and foreign organizations and individuals having dike-related activities.

Article 3. Grounds for approval and assessment

1. The Law on Dikes and other relevant regulations of law.

2. The flood prevention and control planning of river routes with dikes; dike planning; land use planning and construction planning that have been approved by the competent state bodies.

3. The technical regulation on dikes and the technical regulation on construction issued by competent authorities.

Article 4. Power to receive, process and grant applications

1. The Water Resource Directorate shall receive applications for approval and assessment of dike-related activities specified in Article 1 of this Circular;

2. The Department of Dyke Management, Flood and Storm Control under the Water Resource Directorate shall process the applications and submits them to the Water Resource Directorate which will consider approving and/or assessing dike-related activities specified in Article 1 of this Circular;

Article 5. Procedures for granting approval

Procedures for granting approval for the activities specified in Paragraph 1 and 2, Article 2 of this Circular:

1. An organization or individual that requests the approval should send 02 sets of application (01 original and 01 copy) directly or by post to the Water Resource Directorate under the Ministry of Agriculture and Rural Development. The application consists of the following documents:

a) The official dispatch of the provincial People’s Committee;

b) The written opinion of the Department of Agriculture and Rural Development submitted to the provincial People’s Committee on the request of the Investor;

c) The technical design dossier of works approved by a competent authority which consists of: Explanatory notes, overall plan drawing, representative section with the contents pertaining to dikes and flood drainage during the construction process;

d) The other documents pertaining to the formulation and execution of the project (if any);

dd) The written opinion of the relevant People’s Committees if the project affects two provinces or more;

e) While processing the application, if the project is believed to affect the safety of dikes and flood drainage, the application-processing body shall request the applicant to provide one or some more documents such as: The written verification of the independent consultant on the effect of works on the safety of dikes and flood drainage of river bed (the reduction of design flood flow, increase of level water of design flood; effect on the flow of surrounding areas, upstream, downstream; stability of channel flow, dike body, dike foundation of the works construction area); the written opinion of the relevant competent bodies; the topographic and geological survey documents to serve the inspection and calculation for review and approval.

2. Within 15 (fifteen) working days from the date of receiving all prescribed documents, the Water Resource Directorate shall review them. If the application is satisfactory, it shall approve in writing and return the result at the Water Resource Directorate or by post. If the application is not satisfactory, the Water Resource Directorate shall issue a notification of the rejection and return the result at the Water Resource Directorate or by post.

3. Where the application is not complete according to regulations or additional documents are needed, within 03 (three) working days from the date of receipt of application, the Water Resource Directorate shall inform request the applicant to complete the application or provide additional documents.

Article 6. Procedures for assessment

Procedures for assessing the activities specified in Paragraph 3, Article 1 of this Circular:

1. The organization or individual that requests the assessment should send 02 sets of application (01 original and 01 copy) directly or by post to the Water Resource Directorate under the Ministry of Agriculture and Rural Development. The application consists of the following documents:

a) The statement of the provincial People’s Committee under the Form specified in the Appendix attached to this Circular;

b) The written opinion of the Department of Agriculture and Rural Development submitted to the provincial People’s Committee on the request of the Investor;

c) The project dossier which consists of: Explanatory notes, basic design, calculation appendix with the contents pertaining to the flood prevention and control planning of river routes with dikes; dike planning; land use planning and construction planning approved and the calculation result to meet the requirements on safety of dikes and flood drainage in accordance with the provisions in Paragraph 3, Article 26 of the Law on Dikes and Article 5 of the Decree No. 113/2007/ND-CP dated 28/6/2007 of the Government detailing and guiding the implementation of some articles of the Law on Dikes;

d) Other documents pertaining to the formulation and execution of the project (if any);

dd) The assessment report prepared by the independent consultant on the effect of works on the safety of dikes and flood drainage of river bed, particularly the reduction of design flood flow, increase of level water of design flood; effect on the flow of surrounding areas, upstream, downstream; stability of channel flow, dike body, dike foundation of the works construction area;

e) Written opinion of the relevant People’s Committees if the project affects two provinces or more;

2. Within 30 (thirty) working days from the date of receiving all prescribed documents, the Water Resource Directorate shall review them. If the application is satisfactory, it shall approve in writing and return the result at the Water Resource Directorate or by post.

3. If the application is not complete according to regulations or additional documents are needed, within 03 (three) working days from the date of receipt of the application, the Water Resource Directorate shall request the applicant in writing to complete the application or provide additional documents.

Article 7. Effect

This Circular takes effect after 45 from the day on which it is signed.

Article 8. Implementation organization

Any problem arising during the implementation should be promptly reported to the Ministry of Agriculture and Rural Development for resolution./.