THE GOVERNMENT | | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness |
No. 02/2023/ND-CP | | Hanoi, February 1, 2023 |
DECREE
Detailing the implementation of a number of articles of the Law on Water Resources[1]
Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;
Pursuant to the June 21, 2012 Law on Water Resources;
Pursuant to the November 17, 2020 Law on Environmental Protection;
At the proposal of the Minister of Natural Resources and Environment;
The Government promulgates the Decree detailing the implementation of a number of articles of the Law on Water Resources.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application
1. This Decree details Clause 4, Article 6; Clause 5, Article 13; Clause 5, Article 29; Clause 4, Article 43; Clause 4, Article 44; Clause 6, Article 52; Point e, Clause 1, Article 72; Clause 3, Article 72; and Clause 2, Article 73, of the Law on Water Resources regarding consultation with representatives of residential communities and publicization of information about the exploitation and use of water resources; baseline survey of water resources; the planting of new forests to make up for lost ones and the contribution of funds for forest protection and development; transfer of the right to exploit water resources; registration and licensing of water resource exploitation and use; exploration and exploitation of groundwater; organization of river basins and coordination and supervision of the exploitation, use and protection of water resources and the prevention, control and remediation of water-caused harms on river basins.
2. This Decree applies to agencies, organizations, residential communities, households and individuals carrying out activities related to the contents mentioned in Clause 1 of this Article in the territory of the Socialist Republic of Vietnam.
Article 2. Consultation with representatives of residential communities and related organizations and individuals in the exploitation and use of water resources
Representatives of residential communities and related organizations and individuals in the exploitation and use of water resources as specified in Article 6 of the Law on Water Resources include representatives of commune-level People’s Committees, commune-level Vietnam Fatherland Front Committees, district-level People’s Committees, and units managing and operating water exploitation and use facilities that are impacted by projects’ water exploitation and use, and other related organizations and individuals.
The consultation with representatives of residential communities and related organizations and individuals in the exploitation and use of water resources which exert great impacts on production and daily life of local people shall be carried out as follows:
1. Projects involving the construction of water resource exploitation and use facilities subject to consultation include:
a/ Reservoirs and spillways constructed on rivers and streams and subject to permission;
b/ Surface water exploitation and use facilities other than those specified at Point a of this Clause, with a flow of 10 m3/second or more;
c/ Facilities for water conveyance between water sources;
d/ Groundwater exploitation and use facilities (each consisting of one or more than one drilled well, dug well, dug hole, corridor, spring or cave for groundwater exploitation under the ownership of an organization or individual, with a distance between two adjacent facilities not exceeding 1,000 m), with a flow of 12,000 m3/day or more.
2. Time of consultation:
a/ In the course of formulation of investment projects, for the facilities specified at Points a, b and c, Clause 1 of this Article;
b/ In the course of exploration, for the groundwater exploitation and use facilities specified at Point d, Clause 1 of this Article.
3. Information to be provided for consultation includes:
a/ Commentaries about and basic designs of investment projects on work construction (feasibility study reports) enclosed with reports to agencies competent to appraise projects;
b/ Work construction plans;
c/ Work construction progress;
d/ Projected impacts of the water exploitation and use and work operation on water sources, the environment and other water exploiters/users that are likely to be impacted in the course of work construction and operation and during the time of non-operation of works;
dd/ Measures to protect water resources and supply water for other water exploiters/users that are likely to be impacted in the course of work construction and operation and during the time of non-operation of works;
e/ The information specified in Clause 1, Article 3 of this Decree;
g/ Other data and documents related to the water resource exploitation and use.
4. Agencies responsible for organizing consultation:
a/ District-level People’s Committees of localities through which intra-provincial water sources run shall organize consultation for the intra-provincial water source exploitation and use facilities specified at Points a and b, Clause 1 of this Article;
b/ Provincial-level People’s Committees of localities through which inter-provincial water sources run shall organize consultation for the inter-provincial water source exploitation and use facilities specified at Points a and b, Clause 1 of this Article;
c/ District-level People’s Committees of localities from which intra-provincial water sources are conveyed shall organize consultation for facilities for water conveyance from intra-provincial water sources;
d/ Provincial-level People’s Committees of localities through which the inter-provincial water sources from which water is conveyed run shall organize consultation for facilities for water conveyance from inter-provincial water sources;
dd/ District-level People’s Committees of localities where groundwater exploitation facilities are projected to be located shall organize consultation for the groundwater exploitation and use facilities specified at Point d, Clause 1 of this Article.
5. Procedures for consultation:
a/ Project owners shall send the documents and information specified in Clause 3 of this Article to district-level People’s Committees and Divisions of Natural Resources and Environment, in case agencies responsible for organizing consultation are district-level People’s Committees, or to provincial-level People’s Committees and Departments of Natural Resources and Environment, in case agencies responsible for organizing consultation are provincial-level People’s Committees;
b/ In case agencies responsible for organizing consultation are district-level People’s Committees, within 30 working days after receiving project owners’ requests for opinions, district-level Divisions of Natural Resources and Environment shall assist district-level People’s Committees in organizing working sessions and meetings with related agencies, organizations and individuals to give opinions on to-be-constructed works or hold direct dialogues with project owners; and sum up and submit opinions to district-level People’s Committees for sending to project owners;
c/ In case agencies responsible for organizing consultation are provincial-level People’s Committees, within 40 working days after receiving project owners’ requests for opinions, provincial-level Departments of Natural Resources and Environment shall assist provincial-level People’s Committees in organizing working sessions and meetings or hold direct dialogues with related agencies, organizations and individuals to give opinions on to-be-constructed works; and sum up and submit opinions to provincial-level People’s Committees for sending to project owners;
d/ In addition to the information specified in Clause 3 of this Article, project owners shall also provide data, reports and information on their projects if the agencies specified in Clause 4 of this Article so request and directly present reports, commentaries and explanations at consultation meetings in order to clarify matters related to such projects.
6. Project owners shall sum up, make replies and explain the replies to the received opinions. Documents on received opinions and summing up, making of replies and explanation about replies are components of project dossiers to be submitted to competent authorities for appraisal and approval and shall be enclosed with dossiers of application for water resource licenses.
7. The collection of opinions or notification of opinions prior to the project formulation, for the investment projects specified in Clauses 2 and 3, Article 6 of the Law on Water Resources, shall be carried out as follows:
a/ For projects involving water conveyance from intra-provincial water sources: Project owners shall send written requests for opinions enclosed with documents showing water conveyance scale and plans and relevant information, data and documents to commune-level and district-level People’s Committees of localities from which intra-provincial water sources are conveyed and to provincial-level Departments of Natural Resources and Environment;
Within 40 working days after receiving project owners’ written requests for opinions, provincial-level Departments of Natural Resources and Environment shall guide and support commune-level and district-level People’s Committees in organizing working sessions and meetings with related agencies and organizations for collection of opinions on proposed water conveyance scale and plans or hold direct dialogues with project owners; and sum up and send such opinions to project owners.
b/ For projects involving water conveyance from inter-provincial water sources and investment projects on construction of reservoirs and dams on main streams in inter-provincial river basins: Project owners shall send written requests for opinions enclosed with documents showing water conveyance scale and plans, work construction plans, and relevant information, data and documents to provincial-level People’s Committees of localities from which inter-provincial water sources are conveyed or provincial-level People’s Committees of localities through which main streams run, river basin organizations (if any), and related provincial-level Departments of Natural Resources and Environment;
Within 7 working days after receiving project owners’ written requests for opinions, provincial-level Departments of Natural Resources and Environment shall send documents to related provincial-level departments and sectors.
Within 60 working days after receiving project owners’ written requests for opinions, river basin organizations (if any) shall reply in writing to project owners; provincial-level Departments of Natural Resources and Environment shall organize working sessions and meetings with related provincial-level departments and sectors and related organizations and individuals to collect opinions on to-be-constructed works or hold direct dialogues with project owners; and sum up and submit such opinions to provincial-level People’s Committees for sending to project owners.
c/ For investment projects on construction of reservoirs and dams on tributaries in inter-provincial river basins:
Before organizing the formulation of investment projects, project owners shall notify proposed work construction scale and plans to river basin organizations and provincial-level People’s Committees of localities in river basins.
d/ Based on received opinions, project owners shall complete and send work construction plans to agencies competent to grant water resource licenses for consideration and approval of work construction scale and plans before formulating investment projects.
8. Expenses for consultation shall be paid by project owners.
Article 3. Publicization of information
The publicization of information on activities related to the water resource exploitation and use specified at Point b, Clause 1, Article 6 of the Law on Water Resources shall be carried out as follows:
1. Owners of the projects specified in Clause 1, Article 2 of this Decree shall publicize the following information:
a/ For the surface water exploitation and use facilities specified at Points a, b and c, Clause 1, Article 2 of this Decree: information about water exploitation and use purposes; water sources to be exploited and used; locations of water exploitation and use facilities; water exploitation and use methods; water volume to be exploited and used; water exploitation and use duration; and basic characteristics of reservoirs and dams in case of reservoir and dam construction;
b/ For the groundwater exploitation and use facilities specified at Point d, Clause 1, Article 2 of this Decree: information about water exploitation and use purposes; locations of water exploitation and use facilities; aquifers to be exploited and exploitation depth; total number of exploitation wells; total water volume to be exploited and used; exploitation regime; and exploitation and use duration.
2. The publicization of information shall be carried out in the following forms:
a/ Publicizing information in the mass media of district-level People’s Committees and on websites of provincial-level People’s Committees as specified in Clause 3, Article 2 of this Decree;
b/ Thirty working days before the construction commencement and throughout the course of work construction, project owners shall publicly post the information specified in Clause 1 of this Article at district-level and commune-level People’s Committees and work construction sites.
Article 4. The National Water Resource Council
1. The National Water Resource Council shall be established to advise the Government and Prime Minister on making important decisions on water resources within the ambit of tasks and powers of the Government and Prime Minister.
2. The National Water Resource Council shall be composed of a Deputy Prime Minister as its Chairperson; the Minister of Natural Resources and Environment as its Vice Chairperson; and representatives of leaderships of related ministries, sectors, agencies and organizations as its members, who shall be approved by the Council Chairperson. The Ministry of Natural Resources and Environment shall act as the standing body of the Council.
3. The National Water Resource Council shall be assisted by its Office situated at the Ministry of Natural Resources and Environment. The organization and operation of the Office of the National Water Resource Council shall be provided by the Council Chairperson.
4. The Prime Minister shall define the tasks and powers of the National Water Resource Council.
Article 5. River basin organizations
1. River basin organizations shall be organized and operate under regulations of interdisciplinary coordination organizations.
River basin organizations shall propose or recommend to competent state agencies the regulation and distribution of water sources, supervision of the exploitation, use and protection of water resources, the prevention, control and remediation of water-caused harms on one or more than one inter-provincial river basin.
2. The Prime Minister shall decide on the establishment of river basin organizations for the Red-Thai Binh river and Mekong River at the request of the Minister of Natural Resources and Environment.
3. The Minister of Natural Resources and Environment shall establish river basin organizations for inter-provincial river basins other than those specified in Clause 2 of this Article at the request of heads of specialized state management agencies in charge of water resources.
Chapter II
BASELINE SURVEYS OF WATER RESOURCES
Article 6. Responsibility to carry out survey and assessment of water resources
The responsibility to carry out activities of survey and assessment of water resources specified in Clause 2, Article 12 of the Law on Water Resources is provided as follows:
1. The Ministry of Natural Resources and Environment shall carry out survey and assessment of water resources for transnational and inter-provincial water sources; sum up results of the survey and assessment of water resources in inter-provincial river basins and nationwide.
2. Provincial-level People’s Committees shall organize the survey and assessment of water resources for intra-provincial water sources and inter-provincial water sources in localities where the the survey and assessment of water resources have not yet been carried out; sum up and send results of the survey and assessment of water resources in intra-provincial river basins in localities to the Ministry of Natural Resources and Environment for summarization.
Article 7. Inventory of water resources
1. The inventory of water resources shall be uniformly carried out nationwide once every 5 years in conformity with national socio-economic development plans.
2. Responsibility to carry out inventory of water resources:
a/ The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with related ministries and ministerial-level agencies in, formulating schemes and plans on national inventory of water resources, then submit them to the Prime Minister for approval; organize inventory of water resources for transnational and inter-provincial water sources; and sum up and announce results of the inventory of water resources in inter-provincial river basins and nationwide;
b/ Provincial-level People’s Committees shall organize the inventory of water resources for intra-provincial water sources; sum up and send results of the inventory of water resources in intra-provincial river basins and local water sources to the Ministry of Natural Resources and Environment for summarization;
c/ Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Natural Resources and Environment and provincial-level People’s Committees in carrying out the inventory of water resources.
3. The Ministry of Natural Resources and Environment shall guide contents and issue forms of inventory and reports on results of the inventory of water resources.
Article 8. Surveys of status of the exploitation and use of water resources and discharge of wastewater into water sources
1. The responsibility to carry out surveys of status of the exploitation and use of water resources and discharge of wastewater into water sources
a/ The Ministries of Industry and Trade; Agriculture and Rural Development; Construction; Transport; and Culture, Sports and Tourism, and other related ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, carry out surveys and make reports on status of water use in their sectors or fields, then send them to the Ministry of Natural Resources and Environment for summarization;
b/ The Ministry of Natural Resources and Environment shall organize surveys of status of the exploitation of water resources and discharge of wastewater into water sources for inter-provincial water sources and transnational water sources; sum up results of surveys of status of the exploitation and use of water resources and discharge of wastewater into water sources in inter-provincial river basins and nationwide;
c/ Provincial-level People’s Committees shall, within the ambit of their tasks and powers, survey the status of the exploitation and use of water resources and discharge of wastewater into intra-provincial water sources and local water sources; sum up results of surveys of status of the exploitation and use of water resources and discharge of wastewater into water sources in intra-provincial river basins and their localities, then send them to the Ministry of Natural Resources and Environment for summarization.
2. The Ministry of Natural Resources and Environment shall specify contents and issue forms of surveys, specify contents of reports, and provide procedures for carrying out surveys of status of the exploitation and use of water resources and discharge of wastewater into water sources.
Article 9. Water resource monitoring
1. Water resource monitoring station networks include:
a/ The central water-resource monitoring station network which consists of rainfall monitoring stations; water flow, level and quality monitoring stations for important transnational and inter-provincial surface water sources and intra-provincial water sources, and coastal seawater; and water level and quality monitoring stations for inter-provincial aquifers or aquifers of great potential;
b/ Local water-resource monitoring station networks which consist of rainfall monitoring stations; water flow, level and quality monitoring stations for local surface water and groundwater sources and shall be connected to the central monitoring station network.
2. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with provincial-level People’s Committees in, formulating and submitting the national master plan on water resource monitoring station networks to the Prime Minister for approval.
3. Based on the master plan on water resource monitoring station networks, the Ministry of Natural Resources and Environment shall build and manage the central water-resource monitoring station network and carry out the water resource monitoring in this network; provincial-level Departments of Natural Resources and Environment shall build and manage local water-resource monitoring station networks and carry out the water resource monitoring in these networks.
4. The Ministry of Natural Resources and Environment shall specify water resource monitoring contents and regime mentioned in this Article.
Article 10. Building and maintenance of flood, waterlogging, drought, saltwater intrusion, sea level rise and water-caused harm warning and forecast systems
1. Flood, waterlogging, drought, saltwater intrusion, sea level rise and water-caused harm warning and forecast systems shall be built on every river basin and integrated into a uniform system in water resource information systems and databases.
2. The Ministry of Natural Resources and Environment shall:
a/ Build and maintain flood, waterlogging, drought, saltwater intrusion, sea level rise and water-caused harm warning and forecast systems nationwide;
b/ Make warnings and forecasts about, provide and ensure information and data to serve the prevention and control of, flood, waterlogging, drought, saltwater intrusion, sea level rise and water-caused harms in accordance with the law on water resources and the law on flood and storm prevention and control and disaster prevention and mitigation.
3. Ministries, ministerial-level agencies and provincial-level People’s Committees shall base themselves on requirements of the prevention and control of flood, waterlogging, drought, saltwater intrusion, sea level rise and water-caused harms to build warning and forecast systems to serve operations of their ministries, sectors and localities.
Article 11. Water resource information systems and databases
1. Water resource information systems and databases include:
a/ The national water resource information system and database;
b/ Local water resource information systems and databases.
2. Responsibilities of ministries, ministerial-level agencies and provincial-level People’s Committees:
a/ The Ministry of Natural Resources and Environment shall provide data sets and standards; and organize the building and management of the national water resource information system and database and the exploitation and sharing of water resource information and data;
b/ The Ministry of Agriculture and Rural Development, Ministry of Industry and Trade, Ministry of Construction, and related ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, organize the building, management and exploitation of their water use databases and integrate them into the national water resource information system and database;
c/ Provincial-level People’s Committees shall organize the building, management and exploitation of local water resource information systems and databases and integrate them into the national water resource information system and database.
Article 12. Reports on water resource use
1. Every year, the Ministries of Industry and Trade; Agriculture and Rural Development; and Construction, other related ministries and ministerial-level agencies, and provincial-level People’s Committees shall, within the ambit of their tasks and powers, make and send reports on water use of their ministries, sectors and localities to the Ministry of Natural Resources and Environment before January 30 of the next year for summing up and monitoring.
2. The Ministry of Natural Resources and Environment shall specify contents and issue forms of reports on water resource use.
Chapter III
PROTECTION, EXPLOITATION AND USE OF WATER RESOURCES
Article 13. Planting of new forests to make up for lost ones and contribution of funds for forest protection and development activities
1. The Ministry of Agriculture and Rural Development shall provide for the planting of new forests to make up for lost ones.
2. Levels of fund contribution for the protection of forests in reservoir basins and participation in watershed forest protection and development activities must comply with the law on forestry.
Article 14. Groundwater exploration
1. Before constructing groundwater exploitation facilities or increasing exploited water flows by over 25% of the flows stated in granted water exploitation and use licenses which requires additional drilling of exploitation wells, project owners shall carry out groundwater exploration to evaluate groundwater reserves, quality and exploitability and obtain exploration licenses, except cases in which groundwater exploitation and use are not subject to licensing.
2. Organizations and individuals that construct groundwater exploration facilities shall fully satisfy the law-specified conditions for practicing groundwater drilling and obtain groundwater drilling practice licenses from competent state agencies.
3. In the course of exploration, organizations and individuals that construct groundwater exploration facilities are obliged to:
a/ Take measures to ensure safety for people and exploration works;
b/ Prevent and control land subsidence, saltwater intrusion, and aquifer pollution;
c/ Fill damaged or unused wells after the exploration is completed;
d/ Take other measures to protect groundwater and the environment.
4. Exploration project owners are obliged to:
a/ Coordinate with organizations and individuals that construct groundwater exploration facilities in examining and supervising the implementation of Clause 3 of this Article, and immediately stop the exploration if detecting any violation;
b/ In case of an incident, promptly remedy it and pay compensation for any damage caused by such incident in accordance with law;
c/ Submit reports on exploration results to the agencies that receive and appraise dossiers specified in Article 29 of this Decree.
Article 15. Water resource licenses
1. Water resource licenses include groundwater exploration license; surface water exploitation and use license; groundwater exploitation and use license; and seawater exploitation and use license.
2. A water resource license must have the following principal contents:
a/ Name and address of the license holder;
b/ Name and location of the water exploration or exploitation facility;
c/ Water source to be explored or exploited;
d/ Scale, capacity, flow output and main parameters of the water exploration or exploitation facility; and use purpose(s), for water exploitation and use license;
dd/ Water exploitation and use regime and method;
e/ Validity duration of the license;
g/ The licensing agency’s specific requirements and conditions for each case of water resource exploration, exploitation and use in order to protect water sources and guarantee lawful rights and interests of related organizations and individuals;
h/ Rights and obligations of the license holder.
Article 16. Cases of water resource exploitation and use not subject to registration or licensing
1. Cases of water resource exploitation and use specified at Points a, c, d and dd, Clause 1, Article 44 of the Law on Water Resources other than those specified in Clause 2, Article 44 of the Law on Water Resources.
2. Small-scale water resource exploitation and use facilities for production, business and service provision activities specified at Point b, Clause 1, Article 44 of the Law on Water Resources, including:
a/ Exploitation of groundwater for production, business and service provision activities with an output not exceeding 10 m3/day and not falling into the cases specified in Clause 2, Article 44 of the Law on Water Resources;
b/ Exploitation of surface water for business, service provision and non-agricultural production activities with an output not exceeding 100 m3/day;
c/ Hydraulic reservoirs and spillways, each with the total capacity of under 0.01 million m3, or other surface water exploitation facilities for agricultural production and aquaculture with an output not exceeding 0.1 m3/second;
For hydraulic reservoirs and spillways, each with the total capacity of under 0.01 million m3 and an output for agricultural production and aquaculture exceeding 0.1 m3/second or for other water exploitation and use purposes with an exploitation output exceeding that specified at Point b or dd of this Clause, registration or licensing is required under Article 17 of this Decree.
d/ Surface water exploitation and use for power generation with an installation output not exceeding 50 kW;
dd/ Seawater exploitation and use for terrestrial production, business and service provision activities with an output not exceeding 10,000 m3/day; and seawater exploitation and use for activities on the sea and islands.
Article 17. Water resource exploitation and use facilities subject to registration or licensing
1. Water resource exploitation and use facilities subject to registration include:
a/ Hydraulic reservoirs and spillways, each with the total capacity of between 0.01 million m3 and 0.2 million m3 or other surface water exploitation and use facilities for agricultural production and aquaculture (excluding facilities for other purposes with a scale subject to licensing), with an exploitation output of between over 0.1 m3/second and 0.5 m3/second;
For hydraulic reservoirs and spillways, each with the total capacity of between 0.01 million m3 and 0.2 million m3, for water exploitation and use purposes and with an exploitation output subject to licensing, their owners shall apply for licenses under this Decree.
b/ Seawater exploitation and use facilities for terrestrial production activities, including also aquaculture, business and service provision activities with an output of between over 10,000 m3/day and 100,000 m3/day;
c/ Groundwater exploitation and use facilities falling into the case specified at Point a, Clause 2, Article 16 of this Decree and the cases specified at Points a and d, Clause 1, Article 44 of the Law on Water Resources that are on lists of areas where groundwater exploitation is restricted as announced by provincial-level People’s Committees;
d/ Facilities for use of groundwater from mining moats for ore sorting without lowering the groundwater level or facilities for water suction-pumping for draining water from mining moats.
2. Cases of water resource exploitation and use subject to licensing include:
a/ Water resource exploitation and use not falling into the cases specified in Article 16 and Clause 1 of this Article;
b/ The cases specified at Point a of this Clause in which surface water is exploited and used directly from hydraulic or hydropower reservoirs, spillways and canals for business, service provision and non-agricultural production activities (including also water exploitation for machinery and equipment cooling, steaming or heating) and in which managers and operators of such reservoirs, spillways and canals have not yet been licensed to exploit and use surface water for the above purposes.
Article 18. Licensing principles
1. Ensuring intra vires licensing for eligible subjects according to the law-specified order and procedures.
2. Guaranteeing interests of the State, and lawful rights and interests of related organizations and individuals; protecting water resources and the environment in accordance with law.
3. Prioritizing licensing of water resource exploration, exploitation and use for supply of water for daily-life activities.
4. Not causing water source depletion and pollution in the course of water resource exploration, exploitation and use.
5. Ensuring conformity with approved relevant water resource master plans, provincial master plans and specialized master plans and regulations on areas where groundwater exploitation is restricted.
Article 19. Licensing grounds
1. Water resource licenses shall be granted on the following grounds:
a/ National, sectoral, regional and local strategies and socio-economic development master plans;
b/ Water resource master plans and provincial master plans, regulations on areas where groundwater exploitation is restricted and relevant specialized master plans approved by competent authorities; in case such master plans and regulations are not available, the licensing shall be based on water source capacity and must not cause water source depletion and pollution;
c/ Status of water exploitation and use;
d/ Competent state agencies’ reports on appraisal of dossiers of application for water resource exploration, exploitation and use licenses;
dd/ Water exploitation and use demand stated in license applications.
2. In addition to the grounds specified in Clause 1 of this Article, groundwater exploration, exploitation and use licenses shall be granted on the grounds specified in Clauses 4 and 5, Article 52 of the Law on Water Resources.
Article 20. Licensing conditions
1. To be granted a water resource license, an organization or individual must satisfy the following conditions:
a/ Having completed the notification to, and consultation with, representatives of residential communities and related organizations and individuals under this Decree.
b/ Having a scheme or report in conformity with the water resource master plan, provincial master plan, regulations on areas where groundwater exploitation is restricted, and approved relevant specialized master plans, or with water source capacity in case such master plans and regulations are not available. Such scheme or report shall be made by a qualified organization or individual under regulations; information and data used for making such scheme or report must be adequate, clear, accurate and truthful.
A water resource exploitation facility design plan or a water resource exploitation facility must conform with the exploitation scale and object and satisfy water resource and environmental protection requirements.
c/ Surface water exploitation and use involving the construction of a reservoir or dam on a river or stream must satisfy requirements specified at Point b, Clause 2, Article 53 of the Law on Water Resources, the conditions specified at Points a and b of this Clause and the following conditions:
- Having a plan on arrangement of equipment and human resource for operation of the reservoir, monitoring and supervision of water exploitation and use activities; a plan on hydrometeorological monitoring, and forecasting of reservoir water inflow to serve the reservoir operation under regulations in case no facility
is available;
- Having a reservoir operation process; having equipment and human resource or a contract on hiring of a capable organization or individual to carry out the reservoir operation, water exploitation and use monitoring and supervision, hydrometeorological monitoring, and forecasting of reservoir water inflow to serve the reservoir operation under regulations in case facilities are available.
2. In case of water exploration, exploitation and use without a water resource license, a competent agency shall consider and decide to grant a water exploitation and use license when the licensing conditions specified in Clause 1 of this Article are satisfied.
The handling of violations due to unlicensed water exploration, exploitation and use must comply with regulations on handling of administrative violations in the field of water resources.
Article 21. Validity duration of water resource licenses
1. The validity duration of water resource licenses is provided as follows:
a/ A surface or seawater exploitation and use license is valid for between 5 years and 15 years and may be considered for multiple extensions of between 3 years and 10 years each;
b/ A groundwater exploration license is valid for 2 years and may be considered for a single extension of up to 1 year;
c/ A groundwater exploitation and use license is valid for between 3 years and 10 years and may be considered for multiple extensions of between 2 years and 5 years each.
In case an organization or individual applies for a license or requests extension of a license for a duration shorter than the minimum duration specified in this Clause, such a license shall be granted or extended for the requested duration.
2. Based on conditions of water sources, details of water resource survey and assessment information and data, and dossiers of application for licenses or dossiers of request for license extension, licensing agencies shall decide on specific validity durations of licenses.
3. In case the dossier of application for a license is submitted by an organization or individual before the date of expiration of its/his/her previously granted license, the validity duration stated in the to-be-granted license shall be counted from the date of expiration of the previously granted license.
Article 22. License extension
1. The extension of a water resource exploration, exploitation and use license must comply with Articles 18, 19 and 20 of this Decree and satisfy the following conditions:
a/ The license remains valid and the dossier of request for license extension is submitted at least 90 days before the license expires;
b/ By the time of request for license extension, the license holder has fulfilled its/his/her obligations related to the granted license in accordance with law and is not involved in any dispute;
c/ At the time of request for license extension, the license holder’s water resource exploitation and use plan conforms to the water resource master plan and provincial-level master plan and supply capacity of every water source.
2. For cases other than those specified at Point a, Clause 1 of this Article, organizations and individuals exploring, exploiting and using water resources shall make dossiers of application for new licenses.
Article 23. Modification of water resource licenses
1. Cases requiring modification of a groundwater exploration license:
a/ The ground conditions do not permit the construction of a number of approved exploration work items;
b/ The to-be-explored water flow is increased by no more than 25% compared to that stated in the granted license or a change occurs in the explored aquifer;
c/ The volume of exploration drilling items is increased by over 10% compared to the approved one.
2. Cases requiring modification of a groundwater exploitation and use license:
a/ The water source is no longer sufficient for normal water supply;
b/ The water exploitation and use demand increases without any measure to supplement the water source;
c/ An emergency circumstance occurs that requires restriction of water exploitation and use;
d/ A new well is added or the exploitation flow is adjusted between existing wells, leading to an increase in the to-be-exploited water flow by no more than 25% of the flow stated in the granted license.
In case the modification of a groundwater exploitation and use license leads to the addition of a new well, there must be a well design and construction plan and projected impacts of the water exploitation and use on the water source and other water exploiters/users which are approved in writing by the appraising agency specified in Article 29 of this Decree before the construction is commenced. Within 30 days after the well construction is completed, the work owner shall submit a dossier of request for license modification under regulations;
In case of drilling a similar new well to replace the damaged, depleted or cleared existing well with unchanged exploitation parameters, it is not required to carry out procedures for requesting the license modification but the replacement well drilling plan shall be considered and approved by the appraising agency specified in Article 29 of this Decree, which shall give a written certification of the completion of the replacement well drilling. Such written certification is an integral component of the granted groundwater exploitation and use license. The number of replacement wells must not exceed 50% of the number of wells stated in the granted license. The distance between a replacement well and an existing well must not exceed 1.5 times the thickness of the exploited aquifer at the latter well; otherwise, it is required to carry out procedures for license modification.
dd/ A change occurs in the water exploitation and use purpose(s) stated in the previously granted license;
e/ A change occurs in the work’s exploitation regime;
g/ The license holder requests the modification of the license contents at variance with Clause 3 of this Article.
3. Contents of a license that may not be modified:
a/ Water source and aquifer to be exploited and used;
b/ Any exploited and used water volume is increased by more than 25% of that stated in the license.
In case of necessity to modify the contents specified in this Clause, the license holder shall make a dossier of application for a new license.
4. In case license holders request the license modification, they shall make dossiers for license modification under this Decree. In case the licensing agency modifies a license, it shall notify such to the license holder at least 90 days in advance. The validity duration of a modified license is the remaining validity duration of the previously granted license.
In case a water exploitation and use license holder, in addition to the license modification, wishes to have the license re-granted for water exploitation and use at a work, such shall be clearly stated in the dossier of request for license modification. The license re-grant shall be considered simultaneously with the process of license modification under this Decree.
Article 24. License validity suspension
1. The validity of a license shall be suspended if its holder commits one of the following violations:
a/ Violation of contents of the license that causes serious water source pollution or depletion;
b/ Groundwater exploitation that causes land subsidence or depression, deformation of facilities, saltwater intrusion, or serious water source depletion or pollution;
c/ Operation of reservoirs or spillways that causes flood or inundation, seriously impacting production and daily-life activities of residents in upstream and downstream areas;
d/ Transfer of the right to exploit water resources without the licensing agency’s approval;
dd/ Failure to fulfill financial obligations under regulations;
e/ Taking advantage of licenses to organize activities in contravention of law.
2. Period of license validity suspension:
a/ Up to 3 months, for groundwater exploration licenses;
b/ Up to 12 months, for water resource exploitation and use licenses.
3. During the period of license validity suspension, license holders may not retain rights related to their licenses and shall apply measures to remedy consequences and compensate for damage (if any) in accordance with law.
4. Upon the expiration of the period of license validity suspension, license holders may continue exercising their rights and performing their obligations if licensing agencies issue no other decisions.
Article 25. Revocation of licenses
1. Cases in which a license may be revoked:
a/ Its holder is detected to have forged documents, untruthfully declared contents of the dossier of application for the license or have falsely modified contents of the license;
b/ Its institutional holder is dissolved or declared bankrupt by the court; its individual holder is dead or declared dead by the court, has lost his/her civil act capacity or is declared missing;
c/ Its holder violates the decision on license validity suspension or commits recidivism or repeatedly commits a violation of the license;
d/ The license has been granted ultra vires;
dd/ A competent state agency decides to revoke the license for the national defense or security reason or for national or public interests.
2. In case a license is revoked under Point a or c, Clause 1 of this Article, its holder may be considered for grant of a new license 3 years after the license revocation provided that he/she/it has fulfilled all obligations relating to the revoked license.
3. In case a license is revoked under Point d, Clause 1 of this Article, a licensing agency shall consider granting a new license.
4. In case a license is revoked under Point dd, Clause 1 of this Article, its holder shall be compensated for damage by the State and refunded the charge for grant of the water resource exploitation right in accordance with law.
Article 26. Return of licenses, invalidation of licenses
1. Holders of granted water resource licenses that fail to use or no longer wish to use such licenses may return them to licensing agencies and notify the latter of reasons for the return.
2. In case water resource licenses have been granted but the scale of facilities changes leading to a change in the competence to grant such licenses, the license holders shall return their licenses to competent agencies after they are granted new ones.
3. A license shall be invalidated in the following cases:
a/ It is revoked;
b/ It has expired;
c/ It is returned.
4. After a license is invalidated, rights relating to such license shall also be terminated.
Article 27. Re-grant of licenses
1. A license may be re-granted in the following cases:
a/ It is lost, torn or damaged;
b/ Its holder’s name changes due to the renaming, receipt of transfer, handover, merger, division or restructuring of the institution without causing any change in other contents of the license.
2. The validity duration stated in a re-granted license is the remaining validity duration of the previously granted license.
Article 28. Competence to grant, extend, modify, suspend, revoke or re-grant water resource licenses
1. The Ministry of Natural Resources and Environment shall grant, extend, modify, suspend, revoke or re-grant water resource licenses in the following cases:
a/ Water source exploitation and use for national important projects falling under the approving competence of the Prime Minister;
b/ Groundwater exploration for facilities with a flow of 3,000 m3/day or more each;
c/ Groundwater exploration, for facilities with a flow of 3,000 m3/day or more each;
d/ Hydraulic reservoirs and spillways for surface water exploitation and use for agricultural production or aquaculture with a flow of 2 m3/s or more and total capacity of 3 million m3 or more; other water exploitation and use facilities for agricultural production and aquaculture with a flow of 5 m3/s or more each;
dd/ Hydraulic reservoirs, and spillways other than those specified at Point d of this Clause with a total capacity of 20 million m3 or more;
e/ Surface water exploitation and use for power generation with an installed capacity of 2,000 kW or more;
g/ Surface water exploitation and use for other purposes with a flow of 50,000 m3/day or more;
h/ Seawater exploitation and use for production purposes, including also terrestrial aquaculture, business and service provision activities with a flow of 1,000,000 m3/day or more.
2. Provincial-level People’s Committees shall grant, extend, modify, suspend, revoke or re-grant licenses for cases other than those specified at Points a, c, d, dd, e and g, Clause 1 of this Article.
3. Provincial-level Departments of Natural Resources and Environment shall grant, extend, modify, suspend, revoke or re-grant licenses for cases other than those specified at Points b and h, Clause 1 of this Article.
Article 29. Agencies responsible for receiving and managing dossiers and licenses
Agencies responsible for receiving and managing dossiers and licenses (below referred to as dossier-receiving agencies):
1. The Office for receipt of dossiers and notification of results of the settlement of administrative procedures of the Ministry of Natural Resources and Environment shall receive dossiers and notify results of the settlement of administrative procedures falling under the licensing competence of the Ministry of Natural Resources and Environment; the Department of Water Resources Management under the Ministry of Natural Resources and Environment shall appraise and manage dossiers and licenses falling under the licensing competence of the Ministry of Natural Resources and Environment.
2. Provincial-level Departments of Natural Resources and Environment shall receive, appraise and manage dossiers and licenses falling under the licensing competence of provincial-level People’s Committees and their licensing competence. In case a locality already has the Single-Window Division or Public Administrative Service Center, the receipt of dossiers and notification of results of the settlement of administrative procedures shall be carried out via such Single-Window Division or Public Administrative Service Center under the provincial-level People’s Committee’s decision.
Article 30. Dossiers for grant, extension or modification of contents of groundwater exploration licenses
1. A dossier of application for a groundwater exploration license must comprise:
a/ An application for a groundwater exploration license;
b/ A groundwater exploration scheme, for facilities with a scale of 200 m3/day or more; an exploration well design, for facilities with a scale of under 200 m3/day.
2. A dossier of request for extension or modification of contents of a groundwater exploration license must comprise:
a/ A written request for extension or modification of contents of the groundwater exploration license;
b/ A report on implementation of contents of the license;
3. Applications, requests and contents of schemes and reports shall be made according to Forms No. 1, 2, 21, 22 and 23 provided in the Appendix to this Decree.
Article 31. Dossiers for grant, extension or modification of contents of groundwater exploitation and use licenses
1. A dossier of application for a groundwater exploitation and use license must comprise:
a/ An application for a groundwater exploitation and use license;
b/ A diagram of the area and location of the groundwater exploitation facility;
c/ A report on groundwater deposit exploration and assessment results together with an exploitation plan, for facilities with a scale of 200 m3/day or more, or a report on results of the construction of exploitation wells, for facilities with a scale of under 200 m3/day in case no exploitation facilities are available; a report on the current status of exploitation, for operating groundwater exploitation facilities;
d/ Results of the water source quality analysis within 6 months up to the date of dossier submission.
2. A dossier of request for extension or modification of contents of a groundwater exploitation and use license must comprise:
a/ A written request for extension or modification of contents of the license;
b/ A report on current status of the water exploitation and use and results of the implementation of the license. In case of license modification related to the scale of the facility, number of exploitation wells, and the exploited water level, a water exploitation plan must be clearly stated.
c/ Results of the water quality analysis within 6 months up to the date of dossier submission;
d/ A diagram of the groundwater exploitation facility location, for modified licenses.
3. Applications and requests and reporting contents shall be made according to Forms No. 3, 4, 24, 25, 26 and 27 provided in the Appendix to this Decree.
Article 32. Dossiers for grant, extension or modification of contents of surface water and seawater exploitation and use licenses
1. A dossier of application for a surface water or seawater exploitation and use license must comprise:
a/ An application for a license;
b/ A water exploitation and use scheme, for cases in which no exploitation facility is available; a report on current status of the water exploitation and use enclosed with the operating process, for cases where exists an exploitation facility (if falling in cases the operating process is required);
c/ Results of the water source quality analysis within 3 months up to the date of dossier submission (except for the purpose of water exploitation and use for hydropower generation);
d/ A diagram of the water exploitation facility location.
In case no surface water or seawater exploitation facility is available, a dossier of application for a license must be submitted during the investment preparation period.
2. A dossier of request for extension or modification of contents of a surface water or seawater exploitation and use license must comprise:
a/ A written request for extension or modification of the surface water or seawater exploitation and use license;
b/ A report on current status of the water exploitation and use, and results of the implementation of the license. In case the scale of the facility, water use and exploitation method or regime or operating process of the facility is adjusted, a water exploitation scheme is required;
c/ Results of the water source quality analysis within 3 months up to the date of dossier submission (except for the purpose of water exploitation and use for hydropower generation).
3. Applications and requests and contents of schemes and reports shall be made according to Forms No. 5, 6, 7, 8, 28, 29, 30, 31, 32, 33 and 34 provided in the Appendix to this Decree.
Article 33. Dossier of for re-grant of a water resource license
1. An application for re-grant of the license.
2. Documents proving the reason(s) for application for re-grant of the license (in case of renaming, receipt of transfer, handover, merger, division or restructuring of the institution).
In case of re-grant of a license due to the transfer of the facility, the dossier must also include documents proving the transfer of the facility and the fulfillment of financial obligations related to water exploitation and use activities and other relevant documents.
3. Applications for re-grant of water resource licenses shall be made according to Form No. 9 provided in the Appendix to this Decree.
Article 34. Dossier of request for return of a water resource license
1. A written request for return of the license.
2. Documents proving the fulfillment of financial obligations and payment of the levy for the grant of the water resource exploitation right (if any).
3. Written requests for return of water resource licenses shall be made according to Form No. 10 provided in the Appendix to this Decree.
Article 35. Order and procedures for grant of water resource exploration, exploitation and use licenses
1. Receipt and examination of dossiers:
a/ An organization or individual applying for a license (below referred to the applicant) shall submit by hand or send by post or electronic means via the public service portal system 1 dossier and pay the dossier appraisal charge to the dossier-receiving agency;
b/ Within 3 working days after receiving a dossier, the dossier-receiving agency shall consider and examine the dossier. If the dossier is invalid, the dossier-receiving agency shall notify such to the applicant for dossier supplementation and completion under regulations.
If the supplemented dossier still fails to satisfy the set requirements, the dossier-receiving agency shall return the dossier to the applicant and notify the latter of reasons for refusal to receive the dossier.
2. Appraisal of schemes and reports on water resource exploration, exploitation and use in dossiers of application for licenses (below referred to as schemes and reports):
a/ Within 30 working days after receiving a complete and valid dossier as specified in Clause 1 of this Article, the dossier-receiving agency shall appraise the scheme and report; and in case of necessity, carry out the site inspection and form a scheme and report appraisal council. The dossier-receiving agency shall submit the dossier to the licensing agency if the conditions are fully satisfied; or return the dossier to the applicant and notify the latter of the reasons for dossier return if the conditions are not fully satisfied;
b/ In case supplementation or modification is required to complete a scheme or report, the dossier-receiving agency shall send a notice to the applicant, clearly stating contents of the scheme or report that need to be supplemented and completed. The period for the applicant to supplement and complete the scheme or report shall not be counted into the period of scheme or report appraisal. The period of scheme or report appraisal after it is supplemented and completed is 18 working days.
c/ In case a scheme or report is required to be modified, the dossier-receiving agency shall send a notice to the applicant, clearly stating contents of the scheme or report that do not satisfy requirements and need to be modified and return the dossier to the applicant.
3. Notification of dossier processing results
Within 3 working days after receiving the license from the licensing agency, the dossier-receiving agency shall notify such to the applicant for receiving it.
Article 36. Order and procedures for extension, modification and re-grant of water resource exploration, exploitation and use licenses
1. Receipt and examination of dossiers:
a/ An organization or individual requesting extension, modification or re-grant of its/his/her water resource exploration, exploitation and use license (below referred to as organization or individual) shall hand-deliver or send by post or electronic means via the public service portal system 1 dossier and pay a charge for dossier appraisal to the dossier-receiving agency;
b/ Within 3 working days after receiving a dossier, the dossier-receiving agency shall consider and examine the dossier. If the dossier is invalid, the dossier-receiving agency shall notify such to the organization or individual for completion of the dossier under regulations.
If the supplemented dossier still fails to satisfy the set requirements, the dossier-receiving agency shall return the dossier to the organization or individual and notify the latter of reasons for refusal to receive it.
2. Appraisal of schemes and reports for cases of extension or modification of water resource exploration, exploitation and use licenses
a/ Within 25 working days after receiving a complete and valid dossier as specified in Clause 1 of this Article, the dossier-receiving agency shall appraise the scheme or report; and in case of necessity, carry out site inspection and form a scheme or report appraisal council. The dossier-receiving agency shall submit the dossier to the licensing agency if the conditions are fully satisfied; and shall return the dossier to the organization or individual and notify the latter of the reasons for refusal to receive it if the conditions are not fully satisfied;
b/ In case supplementation or modification is required to complete a scheme or report, the dossier-receiving agency shall send a notice to the organization or individual, clearly stating contents of the scheme or report that need to be supplemented and completed. The period for the organization or individual to supplement and complete the scheme or report shall not be counted into the period of scheme or report appraisal. The period of appraisal of a scheme or report after it is completed is 18 working days.
c/ In case a scheme or report is required to be re-made, the dossier-receiving agency shall send a notice to the organization or individual, clearly stating contents of the scheme or report that fail to satisfy set requirements and need to be modified and return the dossier to the organization or individual.
3. Appraisal of dossiers in case of re-grant of licenses
Within 10 working days after receiving a complete and valid dossier as specified in Clause 1 of this Article, the dossier-receiving agency shall appraise and submit the dossier to the licensing agency if the conditions are fully satisfied. It shall return the dossier to the organization or individual and notify the latter of the reasons for refusal to receive it if the conditions are not fully satisfied.
4. Notification of dossier processing results
Within 3 working days after receiving the license from the licensing agency, the dossier-receiving agency shall notify such to the organization or individual of the license for receiving it.
Article 37. Order and procedures for return of water resource licenses
A license holder shall hand-deliver or send by post or electronic means via the public service portal system 1 dossier of request for return of a water resource license to the licensing agency. Within 10 working days after receiving a complete and valid dossier as specified in Article 34 of this Decree, the dossier-receiving agency shall consider, examine and submit it to a competent agency for signing of a decision on approval of the request for return of the water resource license.
Article 38. Order and procedures for groundwater exploitation registration
1. Agencies competent to certify groundwater exploitation registration are district-level People’s Committees, for the cases specified at Point c, Clause 1, Article 17; provincial-level Departments of Natural Resources and Environment, for the cases specified at Point d, Clause 1, Article 17 of this Decree.
2. Order and procedures for registration for the cases specified at Point c, Clause 1, Article 17 of this Decree are as follows:
a/ Based on the provincial-level People’s Committee-approved list of areas where groundwater exploitation is restricted, the commune-level People’s Committee shall review and make a list of organizations and individuals having groundwater exploitation facilities subject to registration in the locality; notify and issue 2 declaration forms for registration, made according to Form No. 35 provided in the Appendix to this Decree, to the organization or individual for declaration;
In case no groundwater exploitation facility has been constructed, the organization or individual shall register the groundwater exploitation before commencing the facility construction.
b/ Within 10 working days after receiving 2 declaration forms, the organization or individual shall fill in such declaration forms and submit them to the agency competent to certify groundwater exploitation registration or the commune-level People’s Committee. The commune-level People’s Committee shall submit the declarations to the agency competent to certify groundwater exploitation registration;
c/ Within 10 working days after receiving the declarations of the organization or individual, the agency competent to certify groundwater exploitation registration shall check declared contents, give a certification in the declarations, and send 1 declaration to the organization or individual.
3. Order and procedures for registration for the cases specified at Point d, Clause 1, Article 17 of this Decree are as follows:
a/ An organization or individual that uses groundwater flowing naturally in a mineral mining moat to sort ores without lowering the groundwater level or pump water to drain the water volume naturally flowing into the mining moat shall fill in 2 registration declaration forms, made according to Form No. 36 provided in the Appendix to this Decree, and send them to the provincial-level Department of Natural Resources and Environment of the locality where the facility is located;
b/ Within 15 working days after receiving the declarations of the organization or individual, the agency competent to certify groundwater exploitation registration shall examine the declared contents, give a certification in the declarations and send 1 declaration to the organization or individual.
4. In case the organization or individual has registered the groundwater exploitation, if no longer wishing to continue exploiting and using groundwater, it/he/she shall notify such and return the certified declarations to the agency competent to certify groundwater exploitation registration or the commune-level People’s Committee for the latter to notify such to the agency competent to certify groundwater exploitation registration, and fill the unused wells under regulations.
5. The agency competent to certify groundwater exploitation registration shall keep a book to monitor and update data on the registration of groundwater exploitation in the locality; and summarize and report registration results to the provincial-level Department of Natural Resources and Environment (in case an agency competent to certify groundwater exploitation registration is a district-level People’s Committee) before December 15 every year.
Article 39. Order and procedures for surface water and seawater exploitation and use registration
1. Agencies competent to certify surface water and seawater exploitation and use registration are provincial-level Departments of Natural Resources and Environment of localities where facilities are constructed, for the cases specified at Points a and b, Clause 1, Article 17 of this Decree.
2. Order and procedures for surface water and seawater exploitation and use registration
a/ Annually, a commune-level People’s Committee shall review and make a list of organizations and individuals having surface water and seawater exploitation and use facilities subject to registration in its locality; notify and distribute 2 declarations made according to Forms 37 and 38 provided in the Appendix to this Decree to each organization or individual for declaration.
In case no surface water and seawater exploitation and use facility has been constructed, an organization or individual shall make exploitation registration before commencing the facility construction.
b/ Within 10 working days after receiving 2 declarations, the organization or individual shall fill in the declarations and submit them to the provincial-level Department of Natural Resources and Environment or the commune-level People’s Committee. The commune-level People’s Committee shall submit the declarations to the provincial-level Department of Natural Resources and Environment;
c/ Within 10 working days after receiving the declarations of the organization or individual, the agency competent to certify surface water and seawater exploitation and use registration shall examine the declared contents, certify the registration and send 1 declaration to the organization or individual.
3. In case an organization or individual has registered to exploit and use surface water or seawater but no longer wishes to exploit and use surface water or seawater, it/he/she shall notify such and return the certification to the agency competent to certify surface water and seawater exploitation and use registration.
4. The agency competent to certify surface water and seawater exploitation and use registration shall keep a book to monitor and update data on surface water or seawater exploitation and use registration in the locality.
Article 40. Order and procedures for suspension of water resource licenses
1. When detecting that a license holder commits a violation as specified in Clause 1, Article 24 of this Decree, a competent licensing agency shall consider and suspend the validity of the license.
2. Based on the seriousness of the violation committed by the license holder and impacts of the license suspension on production activities and people’s lives in the locality, the licensing agency shall decide on the period of license suspension.
3. The licensing agency may consider shortening the period of license suspension if the license holder has remedied consequences related to reasons for the license suspension and fulfilled all obligations in accordance with law.
Article 41. Order and procedures for revocation of water resource licenses
1.When carrying out regular or irregular examination or inspection of the license implementation, if detecting the cases specified at Points a and b, Clause 1, Article 25 of this Decree, agencies competent to inspect and examine shall report them in writing to licensing agencies; if detecting the cases specified at Points c and d, Clause 1, Article 25 of this Decree, agencies competent to inspect and examine shall handle them according to their competence and concurrently report them in writing to licensing agencies.
Within 30 working days after receiving reports, licensing agencies shall consider license revocation.
2. If competent state agencies decide to revoke licenses as specified at Point dd, Clause 1, Article 25 of this Decree, they shall notify such to license holders at least 90 days before the revocation.
Article 42. Transfer of the water resource exploitation right
1. By the time of transfer, organizations or individuals that transfer the water resource exploitation right shall fulfill all financial obligations in the water resource exploitation and use and fully pay the levy for the grant of the water resource exploitation right under regulations, provided they are not involved in disputes over rights and obligations related to the water resource exploitation.
2. Conditions for organizations and individuals to receive the transfer of the water resource exploitation right:
a/ To fully meet the conditions specified in Article 20 of this Decree and comply with the investment law;
b/ To ensure that water exploitation and use purposes remain unchanged.
3. The transfer must not disrupt the performance of obligations in the water resource exploitation and use.
4. Organizations and individuals that transfer or receive the transfer of the water resource exploitation right shall fulfill their tax, charge and fee obligations related to the transfer in accordance with the law on taxes, charges and fees.
Article 43. Funds for baseline survey, planning and protection of water resources
1. Funds for baseline survey, planning, management and protection of water resources must comply with Clause 1, Article 10; Clause 4, Article 21; and Clause 5, Article 27 of the Law on Water Resources.
2. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Finance and Ministry of Planning and Investment in, guiding the management and use of funds for baseline survey, planning, management and protection of water resources.
Chapter IV
COORDINATION AND MONITORING OF THE EXPLOITATION, USE AND PROTECTION OF WATER RESOURCES, PREVENTION, CONTROL AND REMEDIATION OF WATER-CAUSED HARMS IN RIVER BASINS
Section 1
ACTIVITIES THAT REQUIRE COORDINATION AND MONITORING
Article 44. Activities in river basins that require coordination and monitoring
1. Activities specified at Points a, b, c and d, Clause 1, Article 72 of the Law on Water Resources.
2. Other activities in river basins that require coordination and monitoring under Point e, Clause 1, Article 72 of the Law on Water Resources are specified as follows:
a/ River improvement and restoration activities, including restoring and conserving ecosystems, improving water quality; developing wetlands and riverside ecological belts, removing obstructions to river flows; replenishing water for depleted water sources, constructing and upgrading wastewater treatment infrastructure facilities; reducing pollution sources dispersed in urban and rural areas; intensifying the water source pollution incident prevention and control; constructing water retention infrastructure facilities to increase water flow in rivers, reinforcing riverbanks, dredging and sedimenting river beds.
b/ Improvement of landscapes and development of riverside and lakeside land areas, including developing riverside entertainment, festival, physical training and sports areas; restoring and developing historical and cultural values and riverside tourism.
Article 45. Contents of and requirements for coordination and monitoring activities in river basins
1. Coordination activities include directing and urging the coordination among ministries, sectors, localities and related agencies and organizations in the implementation of Article 44 of this Decree.
2. Monitoring activities include monitoring and inspecting the exploitation and use of water resources, discharging wastewater into water sources and organizing the implementation of measures to protect water resources, preventing, controlling and remedying water-caused harms in river basins
3. Requirements for coordination activities:
a/ Ensuring the integrated, economical and efficient exploitation and use of water sources, meeting requirements of water supply for people’s daily life and socio-economic development; to protect water resources, prevent, control and remedy water-caused harms;
b/ Ensuring synchronous and unified coordination among agencies participating in the coordination in river basins; to ensure rational and efficient use of resources, avoiding overlapping and wastefulness;
c/ Complying with master plans and plans on river basins;
d/ Clearly identifying in-charge agencies, coordinating agencies and specific responsibilities of participating agencies.
4. Requirements for monitoring activities:
a/ Detecting abnormal phenomena in terms of flow, water level and quality of water sources; warning and forecasting risks of pollution, degradation and depletion of water resources in river basins;
b/ Detecting violations of the law on water resources committed by organizations and individuals in the operation of reservoirs and inter-reservoirs and in the discharge of wastewater into water sources in river basins;
c/ Providing information and data to serve the coordination of the exploitation, use and protection of water resources, prevention, control and remediation of water-caused harms specified in Article 44 of this Decree in river basins;
d/ Other requirements on the management, protection, exploitation and use of water resources and the prevention, control and remediation of water-caused harms in river basins.
Section 2
RESPONSIBILITIES FOR COORDINATION AND MONITORING IN RIVER BASINS
Article 46. Responsibilities of the Ministry of Natural Resources and Environment
1. To assume the prime responsibility for, and coordinate with related ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees in, formulating plans, programs and schemes on implementation of activities that require coordination and supervision as specified in Article 44 of this Decree for inter-provincial river basins and submitting them to the Prime Minister for decision.
2. To assume the prime responsibility for coordinating the response to and remediation of transnational and inter-provincial water source pollution incidents.
3. To appraise and announce the minimum flow of rivers or river sections for inter-provincial water sources, and provide the minimum flow in downstream areas of reservoirs falling under its licensing competence.
4. To build and maintain systems for monitoring of water resource exploitation and use, for inter-provincial river basins.
5. To solve according to its competence or submit to the Prime Minister for solution of problems arising in the course of implementation coordination among agencies engaged in the coordination and monitoring, for inter-provincial river basins.
Article 47. Responsibilities of provincial-level People’s Committees
1. To formulate, approve and organize the implementation of, plans on regulation and distribution of water resources; programs and plans on revamping of rivers, restoration of polluted and depleted water sources, for intra-provincial river basins.
2. To direct the response to and remediation of water source pollution incidents in their localities and coordinate with localities sharing water sources in responding to and remedying water source pollution incidents.
3. To appraise and announce the minimum flow of rivers or river sections for intra-provincial water sources, and provide the minimum flow in downstream areas of reservoirs falling under their licensing competence.
4. To develop and maintain systems for monitoring of the water resource exploitation and use, for intra-provincial river basins.
5. To assume the prime responsibility for solving problems arising in the course of implementation coordination among agencies engaged in the coordination and monitoring, for intra-provincial river basins.
6. To coordinate with the Ministry of Natural Resources and Environment in implementing Article 46 of this Decree.
Article 48. Responsibilities of ministries and ministerial-level agencies
1. To coordinate with the Ministry of Natural Resources and Environment and provincial-level People’s Committees in coordinating and monitoring the exploitation, use and protection of water resources, prevention, control and remediation of water-caused harms in river basins.
2. To notify their plans on water use demand for each water source in river basins to the Ministry of Natural Resources and Environment and related provincial-level People’s Committee.
3. To direct the formulation, adjustment and supplementation of specialized plans, programs and projects related to the exploitation, use and protection of water resources, prevention, control and remediation of water-caused harms in line with plans on regulation and distribution of water resources, programs and plans on revamping of rivers, restoration of polluted and depleted water sources in river basins, and to ensure the maintenance of the minimum flow as announced.
4. To direct the formulation and implementation of reservoir water regulation plans, water exploitation and use plans of water exploitation facilities on rivers in accordance with the reservoir and inter-reservoir operation process approved by authorities and plans on regulation and distribution of water resources in river basins.
5. To coordinate with one another in solving problems arising in the course of coordination and monitoring in river basins.
Chapter V
IMPLEMENTATION PROVISIONS
Article 49. To amend and supplement a number of regulations on water resources, and annul provisions of relevant legal documents
1. To amend and supplement the Government’s Decree No. 41/2021/ND-CP of March 30, 2021, amending and supplementing a number of articles of the Government’s Decree No. 82/2017/ND-CP of July 17, 2017, providing calculation methods and levels of the levy for grant of the water resource exploitation right:
a/ To add Clause 3 below Clause 2, Article 3 of Decree No. 82/2017/ND-CP which was amended and supplemented in Clause 1, Article 1 of Decree No. 41/2021/ND-CP as follows:
“3. Time of payment of the levy for grant of the water resource exploitation right
The levy for grant of the water resource exploitation right shall be paid after facilities are put into operation and competent agencies issue decisions to approve such levy.
b/ To amend and supplement Clause 2, Article 2 as follows:
“By the time this Decree takes effect, facilities that have been approved by competent agencies for grant of the water resource exploitation right under Decree No. 82/2017/ND-CP but not yet been put into operation, only after being put into operation, will be subject to procedures for adjustment due to change of operation commencement time and application of the levy calculation price specified in the previous decision on approval of levy for grant of the water resource exploitation right”.”
2. To annul Clause 1, Article 167 of the Government’s Decree No. 08/2022/ND-CP of January 10, 2022, detailing a number of articles of the Law on Environmental Protection.
Article 50. Transition provisions
1. Water exploiters and users that are subject to registration under this Decree and have been licensed to exploit and use surface water or seawater under Decree No. 201/2013/ND-CP may continue to exploit and use water until the expiration of their licenses. If wishing to continue to exploit and use water after their licenses expire, they shall make registration under this Decree.
2. Water exploiters and users that have been licensed to exploit and use water resources under Decree No. 201/2013/ND-CP may continue to exploit and use water until the expiration of their licenses regardless of whether the licensing competence is changed or not. Before their licenses expire, they shall submit dossiers of application for new licenses to competent licensing agencies in accordance with this Decree.
3. Complete and valid dossiers of application for water resource licenses that are received by competent agencies before the effective date of this Decree may still be appraised and considered for licensing under Decree No. 201/2013/ND-CP. If water exploiters and users subject to registration under Points a and b, Clause 1, Article 17 of this Decree wish to carry out the registration by themselves under this Decree, they may request competent agencies to consider returning dossiers of application for licenses.
4. For projects for which the consultation of representatives of residential communities and related organizations and individuals regarding the water resource exploitation and use is carried out under Decree No. 201/2013/ND-CP before the effective date of this Decree, the consultation under this Decree are not compulsory.
5. For provinces and cities in which areas subject to groundwater exploitation registration are approved under the Ministry of Natural Resources and Environment’s Circular No. 27/2014/TT-BTNMT of May 30, 2014, the registration may continue to be carried out under approval decisions until they are reviewed and adjusted under this Decree.
Article 51. Implementation provisions
1. This Decree takes effect on March 20, 2023.
2. To annul the Government’s Decree No. 201/2013/ND-CP of November 27, 2013, detailing the implementation of a number of articles of the Law on Water Resources.
3. Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, chairpersons of provincial-level People’s Committees and related organizations and individuals shall implement this Decree.-
On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN HONG HA
[1] Công Báo Nos 479-480 (18/02/2023)
Vietnamese
Decree 02/2023/NĐ-CP DOC (Word)
Decree 02/2023/NĐ-CP PDF (Original)
