Nghị định 40/2026/NĐ-CP hướng dẫn Luật Thủy lợi

DECREE

ELABORATING ON SEVERAL ARTICLES OF THE LAW ON IRRIGATION

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Local Government Organization No. 72/2025/QH15;

Pursuant to the Law on Irrigation No. 08/2017/QH14 amended and supplemented by the Law No. 35/2018/QH14, Law No. 59/2020/QH14, Law No. 72/2020/QH14, Law No. 16/2023/QH15, Law No. 28/2023/QH15, Law No. 54/2024/QH15 and Law No. 146/2025/QH15;

At the request of the Minister of Agriculture and Environment;

The Government hereby promulgates a Decree elaborating on several Articles of the Law on Irrigation.

Chapter I

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Article 1. Scope

This Decree provides for categorization and grading of hydraulic structures; capacity of hydraulic structure operators; hydraulic structure protection plans; authority over, procedures and processes for issuing, re-issuing, renewing, modifying, suspending, revoking or withdrawing licenses to conduct activities within protected areas of hydraulic structures.

Article 2. Regulated entities

This Decree apply to Vietnamese organizations and individuals; foreign organizations and individuals participating in irrigation-related activities within the territory of the Socialist Republic of Vietnam.

Article 3. Definitions

For the purposes of this Decree, terms used herein shall be construed as follows:

1. “system of hydraulic structures” refers to a system composed of hydraulic structures directly related to each other in terms of operation and protection thereof in a particular region.

2. “reservoir” refers to a structure created by a dam and other associated structures for water retention purposes that has the function of regulating water flow, absorbing flood, reducing floods, supplying water for agricultural and industrial production, social welfare, power generation and environmental improvement purposes.

3. “dam” refers to a structure built to raise water level or connected with other structures to create a reservoir.

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Chapter II

CATEGORIZATION AND GRADING OF HYDRAULIC STRUCTURES

Article 4. Categorization of hydraulic structures

Hydraulic structures specified in clause 2 of Article 16 in the Law on Irrigation are categorized specifically as follows:

1. Dams and reservoirs are categorized as per the Government’s regulations on dam and reservoir safety management.

2. Drainage pumping stations and dual-purpose pumping stations for irrigation and drainage:

a) A pumping station is categorized as a large pumping station when it has the minimum total capacity of 72,000 m³/h or more;

b) A pumping station is categorized as a medium pumping station when it has total capacity ranging from 3,600 m³/h to less than 72,000 m³/h;

c) A pumping station is categorized as a small pumping station when it has total capacity of less than 3,600 m³/h.

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a) A pumping station is categorized as a large pumping station when it has the minimum total capacity of 12,000 m³/h or more;

b) A pumping station is categorized as a medium pumping station when it has total capacity ranging from 2,000 m³/h to less than 12,000 m³/h;

c) A pumping station is categorized as a small pumping station when it has total capacity of less than 2,000 m³/h.

4. Culverts:

a) A culvert is categorized as a large one if its floodgate has total width of:

at least 20 m in the Mekong Delta;

at least 10 m in other regions.

b) A culvert is categorized as a medium one if its floodgate has total width ranging:

between 3 m and less than 20 m in the Mekong Delta;

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c) A culvert is categorized as a small one if its floodgate has total width of: less than 3 m in the Mekong Delta; less than 1.5 m in other regions.

d) Dam culverts are categorized by type of dam or reservoir.

5. Drainage systems, irrigation systems, drainage and irrigation systems, including:

a) Any large irrigation canal, ditch, flume, watercourse, tunnel, siphon or canal bridge that has:

the minimum carrying capacity of at least 50 m³/s or the minimum bed width of at least 20 m in the Mekong Delta;

the minimum carrying capacity of at least 20 m³/s or the minimum bed width of at least 10 m in other regions.

b) Any medium irrigation canal, ditch, flume, watercourse, tunnel, siphon or canal bridge that has:

the minimum carrying capacity ranging from 3 m³/s to less than 50 m³/s or the minimum bed width ranging from 5 m to less than 20 m in the Mekong Delta;

the minimum carrying capacity ranging from 1.5 m³/s to less than 20 m³/s or the minimum bed width ranging from 3 m to less than 10 m in other regions.

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the minimum carrying capacity of less than 3 m³/s or the minimum bed width of less than 5 m in the Mekong Delta;

the carrying capacity of less than 1.5 m³/s or the bed width of less than 3 m in other regions.

6. Water supply and irrigation systems:

a) Any large irrigation canal, ditch, flume, watercourse, tunnel, siphon or canal bridge that has:

the minimum carrying capacity of at least 20 m³/s or the minimum bed width of at least 10 m in the Mekong Delta;

the minimum carrying capacity of at least 10 m³/s or the minimum bed width of at least 5 m in other regions.

b) Any medium irrigation canal, ditch, flume, watercourse, tunnel, siphon or canal bridge that has:

the minimum carrying capacity ranging from 1 m³/s to less than 20 m³/s or the minimum bed width ranging from 1 m to less than 10 m in the Mekong Delta;

the minimum carrying capacity ranging from 0.5 m³/s to less than 10 m³/s or the minimum bed width ranging from 0.5 m to less than 5 m in other regions.

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the minimum carrying capacity of less than 1 m³/s or the minimum bed width of less than 1 m in the Mekong Delta;

the carrying capacity of less than 0.5 m³/s or the bed width of less than 0.5 m in other regions.

7. Pipelines:

a) A pipeline is categorized as a large pipeline when it has the minimum carrying capacity of 1.5 m³/s or the minimum internal diameter of 1,000 mm;

b) A pipeline is categorized as a medium pipeline when it has the carrying capacity ranging from 0.025 m³/s to less than 1.5 m³/s or the internal diameter ranging from 100 mm to less than 1,000 mm;

c) A pipeline is categorized as a small pipeline when it has the carrying capacity of less than 0.025 m³/s or the internal diameter of less than 100 mm.

8. Irrigation embankments:

a) An embankment is categorized as a large one if its flood protected area is at least 10,000 ha;

b) An embankment is categorized as a medium one if its flood protected area ranges from 500 ha to less than 10,000 ha;

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9. Hydraulic structure systems:

a) Large hydraulic structure system which is a system serving the function of watering agricultural land or draining or releasing water for land covering a minimum geographical area of at least 20,000 ha;

b) Medium hydraulic structure system which is a system serving the function of watering agricultural land or draining or releasing water for land covering a minimum geographical area ranging from 2,000 ha to less than 20,000 ha;

c) Small hydraulic structure system which is a system serving the function of watering agricultural land or draining or releasing irrigation water for land covering a minimum geographical area of less than 2,000 ha.

Article 5. Grading of hydraulic structures

1. Hydraulic structure grading is to serve the purposes of producing construction designs and managing other activities specified in standards and national technical regulations and other relevant laws.

2. Hydraulic structures shall be graded according to the following principles:

a) Hydraulic structures are graded by their hydraulic capacity, water retention capacity, technical specifications and geological conditions of foundations of components of hydraulic headworks. The accepted grade of a hydraulic structure is the highest grade amongst those determined according to each of the aforesaid grading criteria.

b) A headwork shall be graded according to the grade of the hydraulic structure. The grade of a water conveyance system is less than or equal to the grade of the headwork and descends according to the extent of decrease in water distribution areas. The inferior water conveyance system is graded one place below the superior one.

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Chapter III

PROVISIONS REGARDING COMPETENCE OF ORGANIZATIONS AND INDIVIDUALS OPERATING HYDRAULIC STRUCTURES

Article 6. General requirements to be satisfied by organizations and individuals operating hydraulic structures

1. As an enterprise, it must hold the enterprise registration certificate.

2. Grassroots irrigation organizations must be established and managed in accordance with the Law on Cooperatives and have an organizational structure and operators who satisfy competence requirements specified in this Decree and conform to technical requirements and the scale of the hydraulic structures assigned for operation.

3. Individuals operating hydraulic structures must meet the following requirements:

a) They have full civil legal capacity in accordance with law and are responsible for their assigned duties;

b) They must hold academic degrees or certificates of completion of training courses according to engineering requirements of hydraulic structures which they are authorized to operate.

4. Hiring and placement of personnel, installation and provision of equipment needed for operation of small hydraulic structures must adhere to the safety and efficiency principles and conform to regulatory provisions in force.

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1. A hydraulic structure operating enterprise must be structured into the following divisions:

a) Division in charge of hydraulic structure management;

b) Division in charge of water management;

c) Division in charge of economic management.

2.  In addition to those prescribed in clause 1 of this Article, an enterprise conducting other production, business and service activities must keep a division in charge of such production, business and service activities in place.

3. Specialized divisions referred to in clause 1 of this Article must employ 70% of personnel obtaining at least undergraduate degrees in the relevant majors.

Article 8. Minimum competence requirements of organizations and individuals operating dams and reservoirs

1. Each dam or reservoir of critical importance must be operated and managed by at least 07 engineers majoring in irrigation, including at least 02 of them gaining at least 05 years' experience in management and operation of dams or reservoirs and provided with training or refresher courses in dam or reservoir management and operation.

2. For large dams and reservoirs:

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b) The dam or reservoir having the water carrying capacity ranging from 10,000,000 m³ to less than 50,000,000 m³ must be operated and managed by at least 03 engineers majoring in irrigation, including at least 01 of them gaining at least 05 years' experience in management and operation of dams or reservoirs and provided with training or refresher courses in dam or reservoir management and operation;

c) The remaining large dams and reservoirs, except for the ones specified in points a and b of this clause must be operated and managed by 02 engineers majoring in irrigation and provided with training or refresher courses in dam or reservoir management and operation.

3. For medium dams and reservoirs:

a) The dam or reservoir having the water carrying capacity ranging from 1,000,000 m³ to less than 3,000,000 m³ must be operated and managed by at least 01 engineer majoring in irrigation and provided with training or refresher courses in dam or reservoir management and operation;

b) The remaining medium dams and reservoirs, except for the ones specified in point a of this clause must be operated and managed by at least 01 person obtaining an advanced diploma in irrigation and provided with training or refresher courses in dam or reservoir management and operation.

4. The small dam or reservoir must be operated and managed by at least 01 graduate from the high school education program or 01 worker graduating from certificate II or higher qualification who has been provided with training or refresher courses in dam or reservoir management.

Article 9. Minimum competence requirements of organizations and individuals operating stationary electrical pumping stations

1. Large electrical dual-purpose pumping stations for irrigation and drainage:

a) Regarding an electrical pumping station fitted with pump units, each of which has the capacity of at least 11,000 m³/h, it must be run by at least 01 engineer majoring in irrigation and 01 majoring in mechanical and electrical engineering who have gained at least 03 years’ experience in pump management and operation;

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c) Regarding an electrical pumping station fitted with pump units, each of which has the capacity ranging between 4,000 m³/h and less than 8,000 m³/h, it must be run by at least 01 engineer majoring in irrigation or mechanical and electrical engineering who has gained at least 01 year’s experience in pump management and operation.

2. Medium electrical dual-purpose pumping stations for irrigation and drainage:

a) Regarding an electrical pumping station fitted with pump units, each of which has the capacity of at least 11,000 m³/h, it must be run by at least 01 person obtaining an advanced diploma in irrigation or mechanical and electrical engineering and gaining at least 03 years’ experience in pump management and operation;

b) Regarding an electrical pumping station fitted with pump units, each of which has the capacity ranging between 8,000 m³/h and less than 11,000 m³/h, it must be run by at least 02 persons obtaining a diploma in irrigation or mechanical and electrical engineering who has gained at least 03 years’ experience in pump management and operation;

c) Regarding an electrical pumping station fitted with pump units, each of which has the capacity ranging between 4,000 m³/h and less than 8,000 m³/h, it must be run by at least 02 persons obtaining a diploma in irrigation or mechanical and electrical engineering who has gained at least 03 years’ experience in pump management and operation;

d) Regarding an electrical pumping station fitted with pump units, each of which has the capacity ranging between 1,000 m³/h and less than 4,000 m³/h, it must be run by at least 01 person obtaining a diploma in irrigation or mechanical and electrical engineering who has gained at least 03 years’ experience in pump management and operation.

3. Small electrical dual-purpose pumping stations for irrigation and drainage:

a) Regarding an electrical pumping station fitted with pump units, each of which has the capacity ranging between 1,000 m³/h and less than 4,000 m³/h, it must be run by at least 01 worker majoring in irrigation or mechanical and electrical engineering who has gained at least 02 years’ experience in pump management and operation;

b) Regarding an electrical pumping station fitted with pump units, each of which has the capacity ranging between 540 m³/h and less than 1.000 m³/h, it must be run by at least 01 person obtaining a junior high school diploma and gaining at least 01 year’s experience in pump management and operation.

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a) For large irrigation pumping stations having the minimum total capacity of 72,000 m³/h or more, clause 1 of this Article shall apply;

b) For large irrigation pumping stations having total capacity ranging from 12,000 m³/h to less than 72,000 m³/h and irrigation pumping stations having total capacity ranging from 3,600 m³/h to less than 12,000 m³/h, clause 2 of this Article shall apply;

c) For medium irrigation pumping stations having total capacity of less than 3,600 m³/h and small irrigation pumping stations, clause 3 of this Article shall apply.

5.  In addition to the mandatory positions specified in clauses 1 to 4 of this Article, other positions for each pumping station shall be determined using the techno-economic norms approved by a competent authority.

Article 10. Minimum competence requirements of organizations and individuals operating culvert headworks and water conveyance systems

1. Each special-grade, grade-I and grade-II dyke culvert; each electric large-river tidal barrier must be operated and managed by 01 engineer majoring in irrigation, or 01 engineer majoring in mechanical and electrical engineering; 01 person obtaining a diploma in mechanical and electrical engineering at the headwork who has gained at least 03 years’ experience in management and operation of culverts and tide surge barriers.

2. For other types of culvert with the minimum floodgate width of 0.5 m; irrigation canals, ditches, flumes, watercourses, tunnels, canal bridges having the minimum water carrying capacity of 0.3 m³/s or the minimum bed width of 0.5 m; pipelines having the minimum water carrying capacity of 0.02 m³/s or the minimum pipe diameter of 150 mm, personnel shall be engaged according to the size and goals of each structure to ensure that they have appropriate qualification and at a minimum graduate from high school.

Article 11. Training and refresher courses in management and operation of hydraulic structures

1. Training institutions having appropriate functions, duties and expertise are permitted to provide training, re-training and refresher courses in improvement of knowledge, skills and competencies for entities in charge of management and operation of hydraulic structures and management of dams and reservoirs.

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Article 12. Responsibilities for compliance with competence requirements for operation of hydraulic structures

1. Organizations and individuals engaged in operating hydraulic structures must have competence according to the size and technical specifications of structures in accordance with this Decree; must bear legal liability for consequences and loss or damage caused by failure to satisfy competence requirements.

2. Every 05 years, individuals directly performing the task of managing and operating hydraulic structures, managing and operating dams and reservoirs must attend training and refresher courses on improvement of competencies in managing and operating hydraulic structures, dams or reservoirs.

3. For organizations authorized to operate various types of headwork, their personnel in charge of management and operation is permitted to follow part-time working principle provided that they satisfy regulations on working hours and rest periods under labor law and fully comply with competence requirements for operation of assigned works.

4. In addition to conforming to competence requirements specified herein, organizations and individuals operating hydraulic structures that are engaged in other production and business sectors must ensure compliance with competence requirements to be applied to these sectors in accordance with relevant laws.

5. Specialized agencies exercising the function of state management of irrigation shall inspect and supervise compliance with competence regulations applicable to operators of hydraulic structures in accordance with this Decree.

Chapter IV

HYDRAULIC STRUCTURE PROTECTION PLANS AND GRANT OF LICENSES FOR ACTIVITIES WITHIN PROTECTED AREAS OF HYDRAULIC STRUCTURES

Article 13. Sequence and procedures for approval of hydraulic structure protection plans under authority of Chairpersons of provincial People’s Committees

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a) An application form for approval of hydraulic structure protection plan, which is made using the Form No. 01 in the Appendix II to this Decree;

b) A draft hydraulic structure protection plan, which is made using the Form No. 03 in the Appendix II to this Decree;

c) A drawing (if any) or a preliminary layout sketch of the structure and its items requiring protection;

d) Opinions of related agencies and units (if any);

dd) Other relevant documents attached (if any).

2. Inspection of the adequacy of the application dossier: The authority assigned by the Chairperson of the provincial People’s Committee to receive dossiers on handling of administrative procedures shall immediately confirm the adequacy of the dossier in case of direct submission; respond in writing within 01 working day from the date of receipt of the dossier if the dossier is inadequate, in case of submission via postal service or online submission via the national public service portal. In case the receiving authority receives the application dossier after 16:00, the written response shall be sent on the next working day.

3. Appraisal and submission for approval

a) Within 22 working days from the date of receipt of a complete dossier, the specialized authority assigned by the Chairperson of the provincial People’s Committee to process the dossier shall appraise and submit it to the Chairperson of the provincial People’s Committee for his/her consideration and approval. In case opinions must be collected in accordance with clause 4 of this Article, the relevant provincial People’s Committees shall give a written response within 05 working days from the date of receipt of the written request for opinions;

b) Elements of the appraisal: Examination of the legal basis of the dossier; examination and assessment of the reliability of the documents and data used; commenting and evaluation of the reasonableness and feasibility of the dossier and the draft plan; proposed measures for improvement (if necessary).

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Within 03 working days from the date of receipt of the dossier submitted by the specialized authority assigned to process the dossier, the Chairperson of the provincial People’s Committee shall decide to approve the hydraulic structure protection plan in accordance with Form No. 02 in Appendix II to this Decree; in case of refusal to approve the hydraulic structure protection plan, a written notice stating clearly the reasons for such refusal shall be sent to the organization or individual operating the hydraulic structure.

For irrigation dams and reservoirs of critical importance whose operation and protection involve 01 provincial-level administrative division; hydraulic structures whose operation and protection involve 02 or more provincial-level administrative divisions and which are managed by the Ministry of Agriculture and Environment and the provincial People’s Committees according to the list promulgated by the Minister of Agriculture and Environment, the Chairperson of the provincial People’s Committee shall approve plans for protection of hydraulic structures within their provinces.

For irrigation dams and reservoirs of critical importance whose operation and protection involve 02 or more provincial-level administrative divisions; irrigation dams and reservoirs whose operation and protection involve 02 or more provincial-level administrative divisions and which are not funded by the state budget, the Chairperson of the People’s Committee of the province with the largest total land area of the reservoirs and headworks shall approve the hydraulic structure protection plan after obtaining written opinions from the relevant provincial People’s Committees.

For hydraulic structures whose operation and protection involve 02 provincial-level administrative divisions and which the provincial People’s Committees are assigned to manage according to the list prescribed by the Minister of Agriculture and Environment, the Chairperson of the provincial People’s Committee assigned to manage and operate hydraulic structures shall approve hydraulic structure protection plans after obtaining written opinions from the relevant provincial People’s Committees.

5. Each organization or individual operating a hydraulic structure shall conduct review and formulate adjustments to their hydraulic structure protection plan after 05 years from the date of its approval by the competent authority or at the request of the structure owner.

Article 14. Sequence and procedures for approval of hydraulic structure protection plans the power over which is delegated by Chairperson of provincial People’s Committee to Chairperson of commune-level People’s Committee

1. An organization or individual operating a hydraulic structure shall submit 01 application dossier for approval of their hydraulic structure protection plan and receive results of handling of administrative procedure in person at the single-window section; online via the national public service portal or via postal service to the commune-level People’s Committee. The application dossier comprises:

a) An application form for approval of hydraulic structure protection plan, which is made using the Form No. 01 in the Appendix II to this Decree;

b) A draft hydraulic structure protection plan, which is made using the Form No. 03 in the Appendix II to this Decree;

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d) Opinions of related agencies and units (if any);

dd) Other relevant documents attached (if any).

2. Inspection of the adequacy of the application dossier: The commune-level People's Committee shall immediately confirm the adequacy of the dossier in case of direct submission; respond in writing within 01 working day from the date of receipt of the dossier if the dossier is inadequate, in case of submission via postal service or online submission via the national public service portal. In case the receiving authority receives the application dossier after 16:00, the written response shall be sent on the next working day.

3. Appraisal and submission for approval

a) Within 18 working days from the date of receipt of a complete dossier, the specialized authority assigned by the Chairperson of the commune-level People’s Committee to process the dossier shall appraise and submit it to the Chairperson of the commune-level People’s Committee for his/her consideration and decision;

b) Elements of the appraisal: Examination of the legal basis of the dossier; examination and assessment of the reliability of the documents and data used; commenting and evaluation of the reasonableness and feasibility of the dossier and the draft plan; proposed measures for improvement (if necessary).

4. Approval of the plan

Within 02 working days from the date of receipt of the dossier submitted by the specialized authority assigned to process the dossier, the Chairperson of the commune-level People’s Committee shall decide to approve the hydraulic structure protection plan in accordance with Form No. 02 in Appendix II to this Decree; in case of refusal to approve the hydraulic structure protection plan, a written notice stating clearly the reasons for such refusal shall be sent to the organization or individual operating the hydraulic structure.

5. Each organization or individual operating a hydraulic structure shall conduct review and formulate adjustments to their hydraulic structure protection plan after 05 years from the date of its approval by the competent authority or at the request of the structure owner.

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Each license is granted to carry out activities within protected areas of hydraulic structures, including:

1. Building new hydraulic structures;

2. Setting up terminals and yards for aggregating raw materials, fuels, physical inputs, supplies and equipment;

3. Growing perennial crops.

4. Carrying out activities related to tourism, sports, scientific research, business and services;

5. Carrying out activities related to inland waterway vehicles and road vehicles, except for motorcycles, mopeds and non-motorized inland waterway vehicles;

6. Aquaculture.

7. Blasting and other explosion methods.

8. Building subsurface structures.

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1. Ensure safety of hydraulic structures and structures licensed and protection of quality of water inside hydraulic structures; refrain from affecting functions of hydraulic structures, protect the State’s interests, satisfy requirements for national defense and security, safeguard rights and legitimate interests of related organizations and individuals; adhere to the principles of using multi-purpose works, using land, managing, exploiting and protecting water resources in accordance with the Law on Irrigation, Law on Land, Law on Water Resources and other relevant laws.

2. Grant licenses intra vires, to appropriate holders and according to the legally prescribed sequence and procedures as prescribed by law.

3. For multiple activities under the same project invested in by an organization or individual from the stage of construction of a structure to the stage of its operation under the licensing authority of the same authority, grant one license only.

4. For a newly built structure of a project on maintenance, repair, upgrade or modernization of or addition of item to an existing hydraulic structure approved by a competent state agency, it is not required to apply for the license.

Article 17. Licensing bases

Granting licenses for activities to be carried out within protected areas of hydraulic structures shall be based on the following:

1. Functions and current conditions of hydraulic structures.

2. Planning schemes related to the proposed activities, which are approved by a competent authority.  In the absence of the approved planning schemes, rely on designs of hydraulic structures on condition that safety and normal operation of hydraulic structures are guaranteed.

3. Compliance with regulations in the issued licenses by the applicants for license renewal.

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Chairpersons of provincial People’s Committees shall be accorded authority to issue, reissue, renew, revise, suspend or revoke licenses for the activities within protected areas of hydraulic structures or delegate power to do so to Chairpersons of commune-level People’s Committees.

Article 19. Validity period of licenses

1. Validity period of a license:

a) The maximum validity period of the license for the activities specified in clause 1, clause 2, clause 4, clause 5, clause 6, clause 7 and clause 8 Article 15 of this Decree is 05 years; the maximum validity period for the activities specified in clause 3 Article 15 of this Decree is 10 years;

b) The license may be extended repeatedly. Each extension may be 03 years at a maximum.

2. Licensing agencies may decide any change in the validity period of a license if the safety of a hydraulic structure is endangered; activities carried out within the protected area of a hydraulic structure are likely to pose threat to normal operation of the structure.

Article 20. Information shown in licenses

Each license for activities to be carried out within the protected area of a hydraulic structure must include the following particulars:

1. Name; establishment decision or enterprise registration certificate number or citizen identity card number; address of the holder.

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3. Proposed scope of activities.

4. Scale, capacity, main data of proposed activities.

5. Validity period.

6. Requirements concerning activities to be carried out within the protected area of the hydraulic structure that are imposed with the aim of ensuring safety of the structure, assuring water quality inside the hydraulic structure, and safeguarding rights and legitimate interests of relevant organizations and individuals.

7. Rights and obligations of the licensee.

8. Responsibilities of agencies, organizations and units involved in inspecting and supervising the compliance with requirements of the license.

Article 21. Revision of licenses

Required information in a license listed hereunder may be revised:

1. Scope of activities;

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Article 22. Sequence and procedures for issuance of licenses

1. For a license under the authority of a Chairperson of a provincial People’s Committee

a) The applicant shall submit 01 application dossier and receive the result of the administrative procedure in person at the single-window section; online via the national public service portal or via postal service to the authority assigned by the Chairperson of the provincial People’s Committee to receive dossiers on handling of administrative procedures. The application dossier for issuance of the license is prescribed in Article 23 of this Decree;

b) Inspection of the adequacy of the application dossier: The authority assigned by the Chairperson of the provincial People’s Committee to receive dossiers on handling of administrative procedures shall immediately confirm the adequacy of the dossier in case of direct submission; respond in writing within 01 working day from the date of receipt of the dossier if the dossier is inadequate, in case of submission via postal service or online submission via the national public service portal. In case the receiving authority receives the application dossier after 16:00, the written response shall be sent on the next working day;

c) Licensing time limits

With respect to the activities specified in clause 1, 2 and 8 Article 15 of this Decree: Within 15 working days from the date of receipt of a complete dossier, the specialized authority assigned by the Chairperson of the provincial People’s Committee to process the dossier shall appraise and submit it to the Chairperson of the provincial People’s Committee for his/her consideration and issuance of the license. If all required conditions are not satisfied, the applicant must be informed in writing of the reasons for refusal to grant the license.

With respect to the activities specified in clauses 3 and 5 Article 15 of this Decree: Within 07 working days from the date of receipt of a complete dossier, the specialized authority assigned by the Chairperson of the provincial People’s Committee to process the dossier shall appraise and submit it to the Chairperson of the provincial People’s Committee for his/her consideration and issuance of the license. If all required conditions are not satisfied, the applicant must be informed in writing of the reasons for refusal to grant the license.

With respect to the activities specified in clauses 4, 6 and 7 Article 15 of this Decree: Within 10 working days from the date of receipt of a complete dossier, the specialized authority assigned by the Chairperson of the provincial People’s Committee to process the dossier shall appraise and submit it to the Chairperson of the provincial People’s Committee for his/her consideration and issuance of the license. If all required conditions are not satisfied, the applicant must be informed in writing of the reasons for refusal to grant the license.

2. Regarding issuance of the license the power over which is delegated by a Chairperson of a provincial People’s Committee to a Chairperson of a commune-level People’s Committee

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b) Inspection of the adequacy of the application dossier: The commune-level People's Committee shall immediately confirm the adequacy of the dossier in case of direct submission; respond in writing within 01 working day from the date of receipt of the dossier if the dossier is inadequate, in case of submission via postal service or online submission via the national public service portal. In case the receiving authority receives the application dossier after 16:00, the written response shall be sent on the next working day;

c) Licensing time limits

With respect to the activities specified in clauses 1, 2 and 8 Article 15 of this Decree: Within 13 working days from the date of receipt of a complete dossier, the specialized authority assigned by the commune-level People’s Committee to process the dossier shall appraise and submit it to the Chairperson of the commune-level People’s Committee for his/her consideration and issuance of the license. If all required conditions are not satisfied, the applicant must be informed in writing of the reasons for refusal to grant the license.

With respect to the activities specified in clauses 3 and 5 Article 15 of this Decree: Within 05 working days from the date of receipt of a complete dossier, the specialized authority assigned by the commune-level People’s Committee to process the dossier shall appraise and submit it to the Chairperson of the commune-level People’s Committee for his/her consideration and issuance of the license. If all required conditions are not satisfied, the applicant must be informed in writing of the reasons for refusal to grant the license.

With respect to the activities specified in clauses 4, 6 and 7 Article 15 of this Decree: Within 08 working days from the date of receipt of a complete dossier, the specialized authority assigned by the commune-level People’s Committee to process the dossier shall appraise and submit it to the Chairperson of the commune-level People’s Committee for his/her consideration and issuance of the license. If all required conditions are not satisfied, the applicant must be informed in writing of the reasons for refusal to grant the license.

Article 23. Application dossiers for issuance of licenses

An application dossier for issuance of a license includes:

1. An application form for issuance of the license, which is made using the form No. 01 in Appendix III hereto.

2. A preliminary plan of the location where the proposed activity will take place.

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4. Written opinions of the organization or individual operating the hydraulic structure on impacts of activities on their management, operation and safety of the hydraulic structure.

5. A copy of the motor vehicle or inland waterway vehicle registration certificate for the activity specified in clause 5 Article 15 of this Decree (in case the certificate is yet to be integrated into, connected and shared with the national database).

6. A copy of the license for blasting services for the activity specified in clause 7 Article 15 of this Decree.

7. For an investment project executed within the protected area of the hydraulic structure, the application dossier must also include the following documents:

a) A copy of the establishment decision or copy of the enterprise registration certificate (in case the decision or certificate is yet to be integrated into, connected and shared with the national database);

b) Copies of the decisions on approval of planning scheme, investment policy and investment project (in case the decisions are yet to be integrated into, connected and shared with the national database);

c) A copy of the decision on approval of environmental impact assessment report appraisal results, environmental license or environmental registration promulgated by the competent authority as per the law on environmental protection (in case the decision is yet to be integrated into, connected and shared with the national database);

d) A copy of the notification of appraisal of fundamental design and design drawing of the project;

dd) The approved construction drawing in the cases specified in clauses 1, 2 and 8 Article 15 of this Decree.

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1. For a license under the authority of a Chairperson of a provincial People’s Committee

a) At a minimum of 25 days before the expiry date of the license, the applicant shall submit 01 application dossier and receive the result of the administrative procedure in person at the single-window section; online via the national public service portal or via postal service to the authority assigned by the Chairperson of the provincial People’s Committee to receive dossiers on handling of administrative procedures. The application dossier for issuance of the license is prescribed in Article 25 of this Decree;

b) Inspection of the adequacy of the application dossier: The authority assigned by the Chairperson of the provincial People’s Committee to receive dossiers on handling of administrative procedures shall immediately confirm the adequacy of the dossier in case of direct submission; respond in writing within 01 working day from the date of receipt of the dossier if the dossier is inadequate, in case of submission via postal service or online submission via the national public service portal In case the receiving authority receives the application dossier after 16:00, the written response shall be sent on the next working day;

c) Time limits for grant of the renewed or revised license:

With respect to the activities specified in clauses 1, 2 and 8 Article 15 of this Decree: Within 10 working days from the date of receipt of a complete dossier, the specialized authority assigned by the Chairperson of the provincial People’s Committee to process the dossier shall appraise and submit it to the Chairperson of the provincial People’s Committee for his/her consideration and issuance of the renewed or revised license. If all required conditions are not satisfied, the applicant must be informed in writing of the reasons for refusal to grant the license.

With respect to the activities specified in clauses 3 and 5 Article 15 of this Decree: Within 03 working days from the date of receipt of a complete dossier, the specialized authority assigned by the Chairperson of the provincial People’s Committee to process the dossier shall appraise and submit it to the Chairperson of the provincial People’s Committee for his/her consideration and issuance of the renewed or revised license. If all required conditions are not satisfied, the applicant must be informed in writing of the reasons for refusal to grant the license.

With respect to the activities specified in clauses 4, 6 and 7 Article 15 of this Decree: Within 07 working days from the date of receipt of a complete dossier, the specialized authority assigned by the Chairperson of the provincial People’s Committee to process the dossier shall appraise and submit it to the Chairperson of the provincial People’s Committee for his/her consideration and issuance of the renewed or revised license. If all required conditions are not satisfied, the applicant must be informed in writing of the reasons for refusal to grant the license.

2. Regarding issuance of the renewed or revised license the power over which is delegated by a Chairperson of a provincial People’s Committee to a Chairperson of a commune-level People’s Committee

a) At a minimum of 25 days before the expiry date of the license, the applicant shall submit 01 application dossier and receive the result of the administrative procedure in person at the single-window section; online via the national public service portal or via postal service to the commune-level People’s Committee. The application dossier for issuance of the license is prescribed in Article 25 of this Decree;

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c) Time limits for grant of the renewed or revised license:

With respect to the activities specified in clauses 1, 2 and 8 Article 15 of this Decree: Within 08 working days from the date of receipt of a complete dossier, the specialized authority assigned by the commune-level People’s Committee to process the dossier shall appraise and submit it to the Chairperson of the commune-level People’s Committee for his/her consideration and issuance of the renewed or revised license. If all required conditions are not satisfied, the applicant must be informed in writing of the reasons for refusal to grant the license.

With respect to the activities specified in clauses 3 and 5 Article 15 of this Decree: Within 02 working days from the date of receipt of a complete dossier, the specialized authority assigned by the commune-level People’s Committee to process the dossier shall appraise and submit it to the Chairperson of the commune-level People’s Committee for his/her consideration and issuance of the renewed or revised license. If all required conditions are not satisfied, the applicant must be informed in writing of the reasons for refusal to grant the license.

With respect to the activities specified in clauses 4, 6 and 7 Article 15 of this Decree: Within 05 working days from the date of receipt of a complete dossier, the specialized authority assigned by the commune-level People’s Committee to process the dossier shall appraise and submit it to the Chairperson of the commune-level People’s Committee for his/her consideration and issuance of the renewed or revised license. If all required conditions are not satisfied, the applicant must be informed in writing of the reasons for refusal to grant the license.

Article 25. Application dossiers for renewal and revision of licenses

An application dossier for renewal or revision of a license comprises:

1. An application form for renewal or revision of the license, which is made using the form No. 02 in Appendix III hereto.

2. A preliminary plan of the location where the proposed activity will take place.

3. A report on the compliance with requirements of the issued license by the applicant.

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5. For an investment project executed within the protected area of the hydraulic structure, the application dossier for renewal or revision of the license must also include the following documents:

a) A copy of the establishment decision or copy of the enterprise registration certificate updated to the time of applying for renewal or revision of the license (in case the decision or certificate is yet to be integrated into, connected and shared with the national database);

b) In case of any change in the scale, capacity or key parameters of the licensed activities, copies of documents corresponding to such change must be supplemented in accordance with relevant laws such as decision on approval of adjustments or supplements to planning scheme, investment policy or investment project; decision on approval of results of environmental impact assessment report appraisal, environmental license or environmental registration issued by the competent authority (if subject to the formulation or adjustment thereof); notice of appraisal of fundamental design and design drawing of the adjusted project.

Article 26. Reissuance of licenses

1. A license may be re-issued when name of an organization granted the license is changed due to business transfer, merger, split-up, split-off or restructuring or surname, middle name or given name of an individual granted the license is changed.

2. Sequence and procedures for issuance of a license under the authority of a Chairperson of a provincial People’s Committee:

a) The applicant shall submit 01 application dossier and receive the result of the administrative procedure in person at the single-window section; online via the national public service portal or via postal service to the authority assigned by the Chairperson of the provincial People’s Committee to receive dossiers on handling of administrative procedures. The application dossier for re-issuance of the license is prescribed in clause 4 of this Decree;

b) Inspection of the adequacy of the application dossier: The authority assigned by the Chairperson of the provincial People’s Committee to receive dossiers on handling of administrative procedures shall immediately confirm the adequacy of the dossier in case of direct submission; respond in writing within 01 working day from the date of receipt of the dossier if the dossier is inadequate, in case of submission via postal service or online submission via the national public service portal. In case the receiving authority receives the application dossier after 16:00, the written response shall be sent on the next working day;

c) Time limit for issuance of the license

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3. Sequence and procedures for re-issuance of a license the power over which is delegated by a Chairperson of a provincial People’s Committee to a Chairperson of a commune-level People’s Committee:

a) The applicant shall submit 01 application dossier and receive the result of the administrative procedure in person at the single-window section; online via the national public service portal or via postal service to the commune-level People’s Committee. The application dossier for re-issuance of the license is prescribed in clause 4 of this Decree;

b) Inspection of the adequacy of the application dossier: The commune-level People's Committee shall immediately confirm the adequacy of the dossier in case of direct submission; respond in writing within 01 working day from the date of receipt of the dossier if the dossier is inadequate, in case of submission via postal service or online submission via the national public service portal. In case the receiving authority receives the application dossier after 16:00, the written response shall be sent on the next working day;

c) Time limit for issuance of the license

Within 02 working days from the date of receipt of a complete dossier, the specialized authority assigned by the commune-level People’s Committee to process the dossier shall conduct appraise and submit it to the Chairperson of the commune-level People’s Committee for his/her consideration and re-issuance of the license. If all required conditions are not satisfied, the applicant must be informed in writing of the reasons for refusal to grant the license.

4. An application dossier for re-issuance of the license consists of:

a) An application form for re-issuance of the license, which is made using the form No. 03 in Appendix III hereto;

b) A copy of the establishment decision or copy of the enterprise registration certificate (in case the decision or certificate is yet to be integrated into, connected and shared with the national database);

b) Copies of the decisions issued by competent authorities on the change of organization’s or enterprise’s name due to business transfer, merger, split-up, split-off or restructuring (in case the decisions are yet to be integrated into, connected and shared with the national database) or copies of the documents issued by competent authorities confirming the change of the license holder’s surname or middle name or given name.

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Article 27. Legal validity of electronic licenses

A license may be issued in either physical or electronic form. The electronic license bearing a valid digital signature or electronic signature of the competent authority via the online public service system shall have the same legal validity as that of a physical license and shall be lawfully used in transactions by organizations and individuals in accordance with law for the activities specified in Article 15 of this Decree.

Article 28. Rights of licensees

A holder of the license to carry out the activities within the protected area of a hydraulic structure reserves following rights:

1. Carry out the activities within the protected area of the hydraulic structure according to the location, time and scale specified in the license.

2. Receive protection for their rights and legitimate interests specified in the license from the State.

3. Have access to the Government’s compensation for any loss occurring in case of the license that is subject to revocation or change in the validity period of that license for national defense and security purposes; in national or public interest in accordance with law.

4. Request the licensing agency to approve renewal and revision of the license in question as prescribed.

Article 29. Obligations of licensees

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1. Comply with provisions of the Law on Irrigation and other relevant laws.

2. Comply with the regulations on location, duration and scale of activities to be carried out within the protected area of the hydraulic structure that are specified in the existing license.

3. Fulfill financial obligations in accordance with law.

4. When carrying out activities, ensure safety of the hydraulic structure, prompt remedial actions in response to incidents and payment of compensation for any loss arising from their activities.

5. Avoid any hindrance or loss to the general management and operation of the hydraulic structure.

6. Provide full and authentic data and information on activities to be carried out within the protected area of the hydraulic structure as requested by competent state agencies.

Article 30. Suspension of licenses

1. A license shall be suspended when the holder of that license commits one of the following offences:

a) Violating regulations set out in the license;

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2. Period of suspension of a license: No more than 03 months.

3. During the period of suspension of the license, the licensee is not permitted to exercise the rights associated with the license, and shall need to take remedial actions as well as pay compensation for any loss or damage in accordance with law.

Article 31. Revocation of licenses

1. A license may be revoked in the following cases:

a) It is discovered that information provided in the application dossier is not true;

b) The licensee is dissolved or declared bankrupt by the court; is dead or declared dead by the court, has lost capacity for civil acts or is declared missing;

c) The licensee violates the decision on suspension of the license;

d) The action of revocation is required to serve national defense and security purposes or protect the national or public interests or in a case where any violation affecting national defense and security is detected;

dd) The license holder submits a written request for the return of the license.

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Article 32. Examination and inspection

1. The Ministry of Agriculture and Environment shall examine the issuance of licenses for the activities within protected areas of hydraulic structures nationwide.

2. Provincial People’s Committees shall examine and inspect issuance of and compliance with requirements of licenses for the activities within protected areas of local hydraulic structures.

3. Commune-level People’s Committees shall examine compliance with requirements of licenses for the activities within protected areas of local hydraulic structures.

Chapter V

IMPLEMENTATION CLAUSE

Article 33. Implementation clause

1. This Decree comes into force from January 25, 2026.

2. The Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 elaborating on several Articles of the Law on Irrigation; Government’s Decree No. 40/2023/ND-CP dated June 27, 2023 on amendments to some Articles of the Government’s Decree No. 67/2018/ND-CP dated May 14, 2018 elaborating on several Articles of the Law on Irrigation shall cease to have effect from the effective date of this Decree.

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a) Clause 1, clause 2, clause 5, clause 6 and clause 7 Article 23 of the Government’s Decree No. 114/2018/ND-CP;

b) Clause 1, clause 2, clause 3 and clause 4 Article 16; clause 1 and clause 4 Article 17, section 3 and section 6 in the Appendix IV of the Government’s Decree No. 131/2025/ND-CP;

c) Article 26, Article 27 and Appendix V of the Government’s Decree No. 136/2025/ND-CP.

Article 34. Grandfather clause

1. If any organization or individual has their dossier received by a competent state agency or competent person to handle administrative procedures before the effective date of this Decree and the result is not available, such dossier shall continue to be processed as per the law in force at the time of receipt, unless the organization or individual requests that the dossier be processed as prescribed in this Decree.

2. If any license binding upon activities that are required to obtain licenses to be conducted within protected areas of hydraulic structures is granted before the effective date of this Decree, it may be used until it is expired. If an organization or individual wish to revise any information related to the administrative division stated in their license, they shall submit an application dossier for re-issuance of the license in accordance with this Decree.

3. Any hydraulic structure protection plan approved by a competent state agency or competent person prior to the effective date of this Decree, it shall continue to be implemented until a new hydraulic structure protection plan is promulgated.

Article 35. Responsibility for implementation

1. The Minister of Agriculture and Environment shall organize the implementation of this Decree.

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FOR THE GOVERNMENT
THE PRIME MINISTER
THE DEPUTY PRIME MINISTER




Tran Hong Ha