(GLO)- The Government has just issued Decree 40/2023/ND-CP dated June 27, 2023 amending and supplementing a number of articles of Decree 67/2018/ND-CP dated May 14, 2018 of the Government detailing a number of articles of the Law on Irrigation.
Specifically, Decree 40/2023/ND-CP amends and supplements the principles of licensing activities within the scope of protection of irrigation works: Ensuring the safety of irrigation works and licensed works, protecting water quality in irrigation works; not affecting the tasks of irrigation works, ensuring the interests of the State, the rights and legitimate interests of relevant organizations and individuals; in accordance with the principles of using multi-purpose works, comprehensive use of land, management, exploitation and protection of water resources according to the provisions of the Law on Irrigation, the Law on Land, the Law on Water Resources and other relevant legal provisions.
Correct authority, correct subjects and procedures as prescribed by law. For many activities of the same project invested by organizations and individuals from the construction phase to the exploitation and use phase under the licensing authority of an agency, one license shall be issued. For projects of maintenance, repair, upgrading, modernization or addition of items to existing irrigation works for which the owner of the irrigation works decides on the investment policy, a license is not required.
Plei Tho Ga Reservoir (Chu Puh District) provides irrigation water for crops. Photo: Nguyen Diep |
The Decree also amends Article 15 on the basis for granting licenses. Accordingly, the granting of licenses for activities within the protection area of irrigation works must be based on the tasks and current status of the irrigation works; irrigation planning approved by competent authorities; in cases where there is no approved irrigation planning, it must be based on the design of the irrigation works and ensure that it does not affect the safety and operation of the irrigation works; and the implementation of the provisions in the granted license by the organization or individual requesting the license extension.
In addition, the Decree amends and supplements Article 11 - Training on management and exploitation of irrigation works. Accordingly, training institutions with appropriate functions, tasks and capacities are allowed to organize training courses, retraining, and capacity improvement courses for those working in management and exploitation of irrigation works and dam management.
Also according to Decree 40/2023/ND-CP, the Ministry of Agriculture and Rural Development develops and promulgates training and development programs and plans for those working in the management and exploitation of irrigation works and dam management as a basis for training institutions and localities to organize and implement.
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