Decree 54/2024/ND-CP groundwater drilling practice, water resource declaration, registration, licensing, and servicing, and levy on grant of the water extraction right

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Decree No. 54/2024/ND-CP dated May 16, 2024 of the Government prescribing groundwater drilling practice, water resource declaration, registration, licensing, and servicing, and levy on grant of the water extraction right
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Official number:54/2024/ND-CPSigner:Tran Hong Ha
Type:DecreeExpiry date:Updating
Issuing date:16/05/2024Effect status:
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Fields:Natural Resources - Environment
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LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency
Effect status: Known

THE GOVERNMENT
 _______

No. 54/2024/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

________________

Hanoi, May 16, 2024

DECREE

Prescribing groundwater drilling practice, water resource declaration, registration, licensing, and servicing, and levy on grant of the water extraction right

 ________________

 

Pursuant to the Law on Government Organization dated June 19, 2015; Law dated November 22, 2019 Amending and Supplementing a Number of Articles of the Law on Government Organization and the Law on Organization of Local Government;

Pursuant to the Law on Water Resources dated November 27, 2023;

At the request of the Minister of Natural Resources and Environment;

The Government hereby promulgates the Decree prescribing groundwater drilling practice, water resource declaration, registration, licensing, and servicing, and levy on grant of the water extraction right.

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

This Decree details Clause 3, Article 31, Article 52; Clause 5, Article 53, Clause 6, Article 69 and Article 70 of the Law on Water Resources regarding grant of groundwater drilling practice licenses; declaration, registration and licensing of exploration, extraction and use of water resources; competence, process and procedures for declaration of groundwater extraction by households, and registration of water extraction and use, grant, renewal, modification, re-grant, approval of return of, temporary invalidation, suspension, or revocation of water extraction licenses and groundwater exploration licenses; the payment of, exemption from, and reduction of, the levy on grant of the water extraction right; and calculation methods and rates of the levy on grant of the water extraction right; services related to water resources.

Article 2. Subjects of application

This Decree applies to authorities, organizations, residential communities, households and individuals carrying out activities related to the issues mentioned in Article 1 of this Decree in the territory of the Socialist Republic of Vietnam.

 

Chapter II

DECLARATION, REGISTRATION AND LICENSING OF WATER RESOURCE EXPLORATION, EXTRACTION AND USE

 

Section 1

INVITATION OF COMMENTS FROM REPRESENTATIVES OF COMMUNITIES, RELATED ORGANIZATIONS AND INDIVIDUALS, AND INFORMATION DISCLOSURE

 

Article 3. Invitation of comments from representatives of residential communities and relevant organizations and individuals on impacts of water extraction facilities

Representatives of residential communities and relevant organizations and individuals involved in water extraction as prescribed in Clause 8, Article 52 of the Law on Water Resources include: chiefs of villages, hamlets, ethnic villages, heads of residential quarters or similar residential settlements, or persons authorized by the communities under agreements, commune-level People’s Committees, commune-level Vietnam Fatherland Front Committees, district-level People’s Committees, and units managing and operating water extraction and use facilities that are impacted by projects’ water extraction. The comments shall be invited as follows:

1. Water extraction facilities that significantly affect socio-economic development and people’s livelihoods must be commented by community representatives as prescribed at Point a, Clause 8, Article 52 of the Law on Water Resources, for which water extraction licenses are required, including:

a) Reservoirs and spillways constructed on rivers, streams, canals and ditches;

b) Other facilities for impounding rivers, streams, canals and ditches as prescribed at Point a of this Clause for the purpose of generating water sources, preventing salinization, controlling inundation or creating landscapes;

c) Surface water extraction facilities not prescribed at Point a of this clause, with an extraction rate of 10 m³/second or more for agricultural production and aquaculture; 300,000 m³/24 hours or more for domestic use, business, services, production (including extraction for cooling machinery and equipment, or generating steam, heating), and construction;

d) Groundwater extraction facilities with an extraction rate of 12,000 m³/24 hours or more.

2. Time frames within which the comments shall be invited:

a) Before construction and no later than 12 months before submitting the dossier of application for a surface water extraction license in the cases prescribed at Points a, b, and c, Clause 1 of this Article;

b) In the course of exploration, for the facilities prescribed at Point d, Clause 1 of this Article;

c) Organizations and individuals investing in projects can combine the invitation of comments from community representatives and relevant organizations and individuals about the impact of the water extraction facilities with the invitation of comments on the environmental impact assessments in accordance with the law regulations on environmental protection, but the time frames and issues for which the comments are invited must comply with this Article.

3. Information to be provided for comments includes:

a) Overview of the project; project implementation plan and schedule, enclosed with legal documents related to investment, construction, and time of expected commencement of water extraction;

b) Explanations of the project’s water extraction plan, which include all information prescribed in Clause 1, Article 4 of this Decree;

c) Anticipated impacts and mitigation measures of the project's operation on water resources, the environment, water extractors/users, and other potentially affected entities during the construction and operation of the facility;

d) Other data and documents related to the water extraction.

4. Authorities responsible for inviting comments:

a) Provincial-level People’s Committees of localities where inter-provincial and transnational surface water extraction facilities are projected to be constructed shall invite comments on such facilities prescribed at Points a, b, and c, Clause 1 of this Article;

b) District-level People’s Committees of localities where intra-provincial surface water extraction facilities are projected to be constructed shall invite comments on such facilities prescribed at Points a, b, and c, Clause 1 of this Article;

c) District-level People’s Committees of localities where groundwater extraction facilities are projected to be constructed shall invite comments on such facilities prescribed at Point d, Clause 1 of this Article.

5. The process of inviting comments:

a) Organizations and individuals investing in projects shall send the documents and information prescribed in Clause 3 of this Article to district-level People’s Committees and Divisions of Natural Resources and Environment, in case authorities responsible for inviting comments are district-level People’s Committees, or to provincial-level People’s Committees and Departments of Natural Resources and Environment, in case authorities responsible for inviting comments are provincial-level People’s Committees;

b) In cases where authorities responsible for inviting comments are district-level People’s Committees, within 42 days after receiving the requests of the organizations and individuals investing in projects for inviting comments, district-level Divisions of Natural Resources and Environment shall assist provincial-level People’s Committees in organizing working sessions and meetings or hold direct dialogues with, or invite written comments from, relevant authorities, organizations and individuals on the issues mentioned in Clause 3 of this Article; then sum up and submit comments to district-level People’s Committees for sending to organizations and individuals investing in projects;

c) In cases where authorities responsible for inviting comments are provincial-level People’s Committees, within 56 days after receiving the requests of organizations and individuals investing in projects for inviting comments, 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, or invite written comments from, relevant authorities, organizations and individuals on the issues mentioned in Clause 3 of this Article; then sum up and submit comments to provincial-level People’s Committees for sending to organizations and individuals investing in projects;

d) In addition to the information that must be provided as prescribed in Clause 3 of this Article, organizations and individuals investing in projects shall also provide data, reports and information on their projects if the authorities prescribed 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. The authorities responsible for inviting comments prescribed in Clause 4 of this Article shall, based on impact level of each project, consider deciding on the appropriate entities to invite comments from.

7. Organizations and individuals investing in projects shall sum up, make replies and explain the replies to the received comments. The dossier of invitation of comments and a summary report of comments and explanations for them shall be submitted together with the dossier of application for a water extraction license.

8. The cost of invitation of comments shall be borne by the organizations and individuals investing in projects in accordance with Point c, Clause 8, Article 52 of the Law on Water Resources.

Article 4. Disclosure of information

The disclosure of information on activities related to the water extraction and use prescribed at Point b, Clause 8, Article 52 of the Law on Water Resources shall be carried out as follows:

1. Organizations and individuals investing in projects prescribed in Clause 1, Article 3 of this Decree shall disclose the following information:

a) For the surface water extraction facilities prescribed at Points a, b and c, Clause 1, Article 3 of this Decree: water extraction purposes; water sources to be extracted; locations of water extraction facilities; water extraction mechanisms and methods; water volume to be extracted; basic specifications of the facilities; plans and expected water extraction duration;

b) For the groundwater extraction facilities prescribed at Point d, Clause 1, Article 3 of this Decree: water extraction purposes; locations of water extraction facilities; aquifers and extraction depth; total number of extraction wells; total water volume to be extracted; extraction frequency; plans and expected water extraction duration.

2. The disclosure of information shall be carried out in the following forms:

a) Information prescribed in Clause 1 of this Article shall be disclosed on mass media and the websites of the district-level People's Committees, as for groundwater extraction facilities and intra-provincial surface water extraction facilities, or of the provincial-level People's Committees, as for inter-provincial and transnational surface water extraction facilities;

b) No later than 60 days before the construction commencement and throughout the course of construction, organizations and individuals investing in projects shall disclose the information prescribed in Clause 1 of this Article at district-level and commune-level People’s Committees and construction sites.

 

Section 2

WATER RESOURCE DECLARATION, REGISTRATION AND LICENSING

 

Article 5. Groundwater exploration

1. Before constructing groundwater extraction facilities or increasing extracted water flows of the facilities by over 25% of the flows stated in granted water extraction license which requires additional drilling of extraction wells, project owners shall carry out groundwater exploration to evaluate groundwater reserves, quality and extraction capacity and obtain groundwater exploration licenses, unless their groundwater extraction is not subject to licensing.

2. Organizations or individuals constructing groundwater exploration facilities must be granted groundwater drilling practice licenses by competent State authorities in accordance with this Decree.

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 facilities;

b) Avoid land subsidence, saltwater intrusion, and aquifer pollution;

c) Take other measures to protect groundwater and the environment.

4. Groundwater exploration project owners shall:

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 regulations;

c) Submit reports on exploration results to the authorities that receive and examine dossiers prescribed in Article 16 of this Decree;

d) Within 30 days after the exploration is completed, groundwater exploration project owners must update information and data on the exploration results to the national information system and database on natural resources in accordance with the regulations.

Article 6. Details of a groundwater exploration license or water extraction license

1. A groundwater exploration license must contain the following main details:

a) Name and address of the organization or individual to be granted the license;

b) Purposes of groundwater exploration;

c) Scale of groundwater exploration;

d) Location of the groundwater exploration facility;

dd) Number of wells, well depth, and explored aquifer;

e) Validity period of the license;

g) Requirements and obligations in groundwater exploration.

2. A groundwater extraction license must contain the following main details:

a) Name and address of the organization or individual to be granted the license;

b) Name and location of the water extraction facility;

c) Purpose of water extraction;

d) Water source to be extracted;

dd) Scale, capacity, and flow rate of extraction;

e) Water extraction frequency and method (hours and days of extraction per year in commensurate with each extraction rate, capacity, and flow for which licenses are applied);

g) Validity period of the license;

h) Specific requirements and conditions for each case of water extraction, as determined by the licensing authority, aimed at regulating and distributing water resources, protecting water sources, and ensuring the legitimate rights and interests of other relevant organizations and individuals, which must clearly state the maximum amount of water allowed to be extracted under the water extraction license under normal conditions. The compliance with water extraction reductions according to the water extraction quota and the water resource regulation and distribution plans issued by competent State authorities in case of drought or water shortage;

i) Rights and obligations of the license holder.

Article 7. Cases where declaration of water resources, water extraction licenses and registration of water extraction and use are not required

1. Cases of water extraction and use as prescribed at Points a, d, dd, e, and k of Clause 3, Article 52 of the Law on Water Resources.

2. Cases of small-scale water extraction as prescribed at Points b, c, and g, and cases prescribed at Point l of Clause 3, Article 52 of the Law on Water Resources include:

a) Surface water extraction for business, services, and non-agricultural production (including extraction of water for machinery and equipment cooling, steaming or heating), and construction with an extraction rate not exceeding 100 m³/24 hours;

b) Surface water extraction for domestic use with an extraction rate not exceeding 100 m³/24 hours; surface water extraction for domestic use with an extraction rate not exceeding 200 m³/24 hours in border areas, islands, and areas with difficult or extremely difficult socio-economic conditions;

c) Irrigation reservoirs and spillways, each with the total capacity of under 0.01 million m³; other surface water extraction facilities for agricultural production and aquaculture with an extraction rate not exceeding 0.1 m³/second.

For irrigation reservoirs and spillways, each with the total capacity of under 0.01 million m³ and an extraction rate for agricultural production and aquaculture exceeding 0.1 m³/second or for other water extraction purposes with an extraction rate exceeding that prescribed at Points a, b and d of this Clause, registration and licensing as prescribed in this Decree are required;

d) Surface water extraction for power generation with an installation output not exceeding 50 kW;

dd) Seawater extraction for production, business, services, and aquaculture on islands and mainland with an extraction rate not exceeding 10,000 m³/24 hours.

3. Using the surface water of rivers, streams, canals, ditches, and reservoirs for aquaculture, business, and services as prescribed at Point h, Clause 3, Article 52 of the Law on Water Resources, with a water surface area not exceeding 100 m² (excluding the use of water surface in tourist areas).

4. Digging small-scale lakes, ponds, canals and ditches to create spaces for water harvesting, storage and conveyance, and create landscapes, as prescribed at Point i, Clause 3, Article 52 of the Law on Water Resources, including:

a) Digging lakes or ponds with a water surface area not exceeding 500 m²;

b) Digging canals, ditches, or streams with a water flow not exceeding 0.1 m³/second or a bottom width not exceeding 0.5 m;

c) Organizations or individuals conducting activities prescribed at Points a and b of this Clause, and Points i, k, and l of Clause 2, Article 8 of this Decree, must comply with regulations on land, construction, transportation, irrigation, minerals, and other relevant law regulations. In cases prescribed at Points a and b of this Clause, if water is extracted for other purposes requiring registration or licensing, such registration and licensing must be made in accordance with this Decree.

5. Facilities for impounding rivers, streams, canals and ditches for the purpose of preventing salinization, generating water sources, controlling inundation or creating landscapes (other than irrigation reservoirs and spillways, and hydroelectric power dams) are temporary or seasonal facilities with a continuous usage time of no more than 3 months.

6. Organizations and individuals extract water for domestic use in areas during periods of drought, water shortage, saltwater intrusion, pollution incidents or epidemics as prescribed at Point d, Clause 3, Article 52 of the Law on Water Resources. For facilities with an extraction rate that requires registration or licensing for water extraction, water extraction at such facilities must be stopped immediately after the above-mentioned period and a report must be submitted to the provincial-level Department of Natural Resources and Environment of the locality where the project is located within 30 days.

In cases where the organization or individual wishes to continue extraction and the water extraction rate falls into the cases where declaration, registration, or licensing of water extraction is required, he/she/it must make a declaration, register, or apply for a license in accordance with this Decree.

In cases where the organization or individual does not plan to continue extraction, he/she/it must fill the well or dismantle the facility in accordance with regulations.

Article 8. Cases where declaration of water resources, water extraction licenses and registration of water extraction and use are required

1. Groundwater extraction facilities of households, as prescribed in Clause 4, Article 52 of the Law on Water Resources, must be declared. The declaration aims to provide information for competent State authorities to advise households on groundwater quality, areas at risk of groundwater level decline or depletion, areas prone to land subsidence, areas with groundwater near the fresh-saline groundwater boundary, and to facilitate groundwater protection management.

2. Water extraction and use facilities that must be registered include:

a) Irrigation reservoirs and spillways, each with the total capacity of between 0.01 million m³ and 0.2 million m³; other surface water extraction facilities for agricultural production and aquaculture with an extraction rate of between more than 0.1 m³/second and 0.5 m³/second.

For irrigation reservoirs and spillways, each with the total capacity of between 0.01 million m³ and 0.2 million m³ and an extraction rate for agricultural production and aquaculture exceeding 0.5 m³/second or for other water extraction purposes with an extraction rate subject for which licenses are mandatory, the licensing as prescribed in this Decree is required;

b) Seawater extraction for production, business, services, and aquaculture on islands and mainland with an extraction rate of between more than 10,000 m³/24 hours and 100,000 m³/24 hours;

c) Groundwater extraction for purposes other than those prescribed at Point a, Clause 3, Article 52 of the Law on Water Resources and Clause 1 of this Article, with an extraction rate not exceeding 10 m³/24 hours;

d) Those using naturally flowing groundwater in mining pits for ore sorting at such pits or suction pumps for dewatering in such pits as prescribed at Point c, Clause 5, Article 52 of the Law on Water Resource;

dd) Other facilities for impounding rivers, streams, canals and ditches for the purpose of preventing salinization, generating water sources, controlling inundation or creating landscapes (other than irrigation reservoirs and spillways, and hydroelectric power dams) prescribed in Clause 5, Article 7 of this Decree, with the total length of river, stream, canal, ditch, or stream impoundment of no more than 30 meters. For other sluice gates impounding rivers, streams, canals and ditches for the purpose of preventing salinization, generating water sources, controlling inundation or creating landscapes prescribed in Clause 5, Article 7 of this Decree, with a total water flow width of no more than 5 meters.

In cases where the project involves other purposes of water extraction with an extraction rate requiring a license, licensing must be carried out in accordance with this Decree;

e) Those using the surface water of reservoirs for solar power generation as prescribed at Point e, Clause 5, Article 52 of the Law on Water Resources;

g) Those using use water surface of rivers, streams, canals, ditches and reservoirs for small-scale aquaculture, business and service provision with the water surface used of more than 100 m²;

h) Tourist areas and attractions with activities on water surface;

i) Those digging rivers and streams as prescribed at Point g, Clause 5, Article 52 of the Law on Water Resources;

k) Those digging lakes and ponds to create spaces for water harvesting and storage and create landscapes with a scale other than that prescribed at Point a, Clause 4, Article 7 of this Decree;

l) Those digging canals and ditches to create spaces for water harvesting, storage, and conveyance, and create landscapes with a scale other than that prescribed at Point b, Clause 4, Article 7 of this Decree.

3. Cases where licenses are quired for water extraction:

a) Water extraction not falling into the cases prescribed in Article 7 of this Decree and Clauses 1 and 2 of this Article;

b) In the cases prescribed at Point a of this Clause, where surface water is extracted directly from irrigation reservoirs and spillways, hydroelectric power dams, or irrigation and hydroelectric power canal systems, licenses must be obtained in accordance with this Decree.

4. Water extraction facilities for which water extraction licenses are required must be licensed by competent State authorities as prescribed in Article 15 of this Decree before the construction thereof.

In cases where the water extraction facility is already constructed but a water extraction license as prescribed is not granted, a competent State authority shall consider and decide to grant a water extraction license when the licensing conditions prescribed in Article 57 of the Law on Water Resource are satisfied. The handling of violations due to unlicensed water resource exploration or water extraction must comply with regulations on handling of administrative violations in the field of water resources.

Article 9. License renewal

1. A groundwater exploration license or a water extraction license shall be renewed pursuant to Articles 55, 56 and 57 of the Law on Water Resource when the following conditions are satisfied:

a) The license remains valid and the dossier of application for license renewal is submitted at least 45 days before the license expires;

b) By the time of submitting the dossier of application for renewal of the license, the license holder has fulfilled its/his/her obligations related to the granted license in accordance with law regulations and is not involved in any dispute;

c) At the time of submitting the dossier of application for renewal of the license, the license holder’s water extraction plan conforms to the water resource master plan and provincial-level master plan, the areas where groundwater extraction is prohibited or limited, and the supply capacity of every water source.

2. If the water extraction license expires or is still valid but the dossier of application for license renewal is not submitted on time in accordance with Point a, Clause 1 of this Article, the water extraction organization or individual must submit a dossier of application for a new license.

In cases where the dossier of application for a water extraction license is submitted by an organization or individual before the date of expiration of its/his/her former license, the validity period stated in the to-be-granted license shall be counted from the date of expiration of the former license.

Article 10. Modification of water resource licenses

1. Cases where the modification of a groundwater exploration license is required:

a) The ground conditions do not permit the construction of a number of exploration 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 license holder requests to modify other details of the license.

2. Cases where the modification of a groundwater extraction license is required:

a) The water source is no longer sufficient for normal water supply;

b) The water extraction demand increases without any measure to supplement the water source;

c) The installed capacity or flow rate of a hydroelectric power plant is adjusted, but the adjustment does not exceed 25% thereof as prescribed in the granted license;

d) The flow rate of the facilities other than those prescribed at Point c of this Clause is adjusted, but the adjustment does not exceed 25% thereof as prescribed in the granted license;

dd) The water extraction purpose(s) stated in the former license is changed;

e) The facility’s extraction frequency is changed;

g) Additional wells are drilled but the flow rate of the facility does not increase by more than 25% thereof as prescribed in the granted license.

The license holder shall have a well design and construction plan and projected impacts of the water extraction on the water source and other water extractors/users who are approved in writing by the examining authority prescribed in Clause 2, Article 16 of this Decree before the construction is commenced. Within 30 days after the well construction is completed, the owner of the facility shall submit a dossier of request for license modification under regulations;

h) In case of drilling a similar new well to replace the damaged, depleted or cleared well with unchanged extraction 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 examining authority prescribed in Clause 2, Article 16 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 extraction license. The number of replacement wells must not exceed 50% of the total 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 extracted aquifer at the latter well; otherwise, it is required to carry out procedures for license modification;

i) The license holder requests the modification of the license at variance with Clause 3 of this Article.

3. Details of a license that shall not be modified:

a) The installed capacity or flow rate of a hydroelectric power plant is adjusted, but the adjustment exceeds 25% thereof as prescribed in the granted license;

b) The flow rate of the facilities other than those prescribed at Point a of this Clause is adjusted, but the adjustment exceeds 25% thereof as prescribed in the granted license;

c) The water sources are changed or added, as for surface water extraction;

d) In case of necessity to modify the details prescribed in this Clause, the license holder shall make a dossier of application for a new license.

4. In cases where license holders request the license modification, they shall make dossiers for license modification in accordance with this Decree. In cases where the licensing authority modifies a license, it shall notify such to the license holder at least 90 days in advance. The validity period of a modified license is the remaining validity period of the former license.

In cases where the license is subject to re-grant in addition to the requested modification, the license holder must clearly state this in the dossier of application for modification of the license. The license re-grant shall be considered simultaneously with the process of license modification in accordance with this Decree.

Article 11. License suspension

1. A license shall be suspended if its holder commits one of the following violations:

a) Breach of the license that causes serious water source pollution or depletion;

b) Groundwater extraction 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) Failure to fulfill financial obligations under regulations;

dd) Taking advantage of the license to organize activities in contravention of law.

2. Period of license validity suspension:

a) No later than 3 months, for groundwater exploration licenses;

b) No later than 12 months, for water extraction licenses.

3. During the period of license 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 regulations.

4. Upon the expiration of the period of license suspension, license holders may continue exercising their rights and performing their obligations if licensing authorities issue no other decisions.

Article 12. Revocation of licenses

1. Cases in which a license may be revoked:

a) Its holder is detected to have forged documents, untruthfully declared details of the dossier of application for the license or have falsely modified details 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 breaches the decision on license suspension or commits repeated violations prescribed in Clause 1, Article 11 of this Decree;

d) The license has been granted ultra vires;

dd) A competent State authority decides to revoke the license for the national defense or security reason or for national or public interests.

2. In cases where a license is revoked in accordance with Points a or c, Clause 1 of this Article, its holder may be considered for grant of a new license after he/she/it remedies the violations, fulfills all obligations, and complies with other law regulations related to the revocation of the former license.

3. In cases where 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 levy on grant of the water extraction right in accordance with law regulations.

Article 13. Return of licenses, temporary invalidation of licenses

1. Holders of groundwater exploration licenses and water extraction licenses that fail to use or no longer wish to use such licenses may return them to licensing authorities and notify the latter of reasons for the return.

2. Holders of groundwater exploration licenses and water extraction licenses, if the change of the scale of facilities alters the licensing competence, shall return such licenses to competent State authorities after they are granted new ones.

3. Temporary invalidation of a groundwater exploration license:

a) In cases where the license holder requests a temporary invalidation of the license, the temporary invalidation shall only be considered if the proposed period of temporary invalidation is at least 30 consecutive days and the license can only be considered for temporary invalidation maximally twice during its validity period.

The dossier of application for temporary invalidation of the license must be submitted at least 15 days before the requested suspension of exploration;

b) If the licensing authority suspends the license, the licensing authority must notify the license holder at least 15 days in advance.

4. Temporary invalidation of a water extraction license:

a) In cases where the license holder requests a temporary invalidation of the license, the temporary invalidation shall only be considered if the proposed period of temporary invalidation is at least 60 consecutive days and the license can only be considered for temporary invalidation maximally twice during its validity period.

The dossier of application for temporary invalidation of the license must be submitted at least 30 days before the requested suspension of water resource exploration;

b) If the licensing authority suspends the license, the licensing authority must notify the license holder at least 30 days in advance.

5. When a license is temporarily or permanently invalidated, the license holder is not allowed to explore groundwater or extract water resources during such period, and all rights associated with the license are also terminated.

Article 14. 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 details of the license.

In cases of re-grant due to transfer, handover, merger, or spin-off, the receiving party must apply for such re-grant.

2. The validity period stated in a re-granted license is the remaining validity period of the former license.

Article 15. Competence to grant, renew, modify, re-grant, approve the return of, temporarily invalidate, suspend, and revoke water extraction licenses and groundwater exploration licenses, to declare and register extraction and use of water resources

1. The Ministry of Natural Resources and Environment shall grant, renew, modify, re-grant, approve the return of, temporarily invalidate, suspend, and revoke water extraction licenses and groundwater exploration licenses, including:

a) Groundwater exploration, for facilities with an extraction rate of 3,000 m³/24 hours or more each;

b) Groundwater extraction, for facilities with an extraction rate of 3,000 m³/24 hours or more each;

c) Irrigation reservoirs and spillways for surface water extraction for agricultural production or aquaculture with an extraction rate of 2 m³/second or more and total capacity of 3 million m³ or more; or irrigation reservoirs and spillways for surface water extraction for agricultural production and aquaculture with an extraction rate of 5 m³/second or more each;

d) Surface water extraction facilities other than irrigation reservoirs and spillways, supplying water for agricultural production and aquaculture with a water extraction rate of 5 m³/second or more;

dd) Irrigation reservoirs, and spillways other than those prescribed at Point c of this Clause with a total capacity of 20 million m³ or more;

e) Surface water extraction for power generation with an installed capacity of 2,000 kW or more;

g) Surface water extraction for other purposes with an extraction rate of 50,000 m³/24 hours or more;

h) Seawater extraction for production, business, services, and aquaculture on islands and mainland with an extraction rate of 1,000,000 m³/24 hours or more;

i) Facilities for impounding rivers, streams, canals and ditches for the purpose of preventing salinization, generating water sources, controlling inundation or creating landscapes (other than irrigation reservoirs and spillways, and hydroelectric power dams) with the total length of river, stream, canal, ditch, or stream impoundments of 60 meters or more. For sluice gates impounding rivers, streams, canals and ditches for the purpose of preventing salinization, generating water sources, controlling inundation or creating landscapes with a total water flow width of 50 meters or more.

2. Provincial-level People’s Committees shall grant, renew, modify, re-grant, approve the return of, temporarily invalidate, suspend, and revoke water extraction licenses and groundwater exploration licenses in the cases with other scale prescribed in Clause 1 of this Article; and organize the registration of extraction and use of water resources in the cases prescribed at Points a, b, dd, e, g, h, i, k, l, Clause 2, Article 8 of this Decree.

3. District-level People's Committees shall confirm the registration for groundwater extraction in the cases specified at Points c and d, Clause 2, Article 8 of this Decree.

4. Commune-level People's Committees shall receive declarations for groundwater extraction by households for domestic use in cases prescribed in Clause 1, Article 8 of this Decree.

5. Depending on working requirements, implementation capabilities, resources, actual conditions, and specific circumstances, the Minister of Natural Resources and Environment shall decide on decentralizing and authorizing the authority in charge of water resources under the Ministry of Natural Resources and Environment to implement Clause 1 of this Article in accordance with Article 34 of the Law on Government Organization. The provincial-level People's Committee shall decide on decentralizing and authorizing the respective provincial-level Departments of Natural Resources and Environment to implement Clause 2 of this Article in accordance with Articles 13 and 14 of the Law on Organization of Local Government.

Article 16. Authorities responsible for receiving, examining and managing dossiers and licenses

1. Authorities responsible for receiving dossiers and returning results (hereinafter referred to as dossier-receiving authorities) include:

a) The Ministry of Natural Resources and Environment’s office in charge of receiving dossiers for and notifying results of the settlement of administrative procedures shall receive dossiers for and notify results of the settlement of administrative procedures under the Ministry’s licensing competence;

b) The single-window section or Public Administrative Center shall receive dossiers for and notify results of the settlement of administrative procedures in cases where the provincial-level People's Committees are competent to grant licenses. In cases where the localities have not yet established the single-window section or Public Administrative Center, the provincial-level Departments of Natural Resources and Environment shall receive dossiers for and notify results of the settlement of administrative procedures in cases where the provincial-level People's Committees are competent to grant licenses.

2. Authorities responsible for examining dossiers and managing dossiers and licenses (hereinafter referred to as dossier-examining authorities):

a) The authority in charge of water resources affiliated to the Ministry of Natural Resources and Environment shall examine and manage dossiers and licenses in cases where the Ministry of Natural Resources and Environment is competent to grant such licenses;

b) The provincial-level Departments of Natural Resources and Environment shall examine and manage dossiers of application and licenses in cases where the provincial-level People's Committees are competent to grant such licenses.

Article 17. Dossiers for grant, renewal or modification of groundwater exploration licenses

1. A dossier of application for a groundwater exploration license must comprise:

a) A written application for a license;

b) A groundwater exploration scheme, for facilities with an extraction rate of 200 m³/24 hours or more; an exploration well design, for facilities with an extraction rate of under 200 m³/24 hours.

2. A dossier of application for renewal or modification of a groundwater exploration license must comprise:

a) A written application for renewal or modification of the license;

b) A report on implementation of details of the license.

3. Such written application, scheme and report shall be made using Forms No. 01, 02, 35, 36 and 37 provided in the Appendix to this Decree.

Article 18. Dossiers for grant, renewal or modification of groundwater extraction licenses

1. A dossier of application for a groundwater extraction license must comprise:

a) A written application for a license;

b) A diagram of the area and location of the groundwater extraction facility;

c) A report on groundwater deposit exploration and assessment results, for facilities with an extraction rate of 200 m³/24 hours or more, or a report on results of the construction of extraction wells, for facilities with an extraction rate of under 200 m³/24 hours in case no extraction facilities are available; a report on the current status of extraction, for operating groundwater extraction facilities;

d) Water quality analysis results, which are made no more than 6 months from the date of submitting the dossier, ensuring at least 1 sample per extracted aquifer.

Water quality analysis results must meet minimum parameters including: pH, Total Coliform, Nitrate, Nitrite, Ammonia, Permanganate Index, Total Dissolved Solids (TDS), Hardness, Arsenic, Chloride, Iron, Manganese.

Water quality analysis must be conducted by an organization meeting the requirements and conditions for environmental monitoring capacity as prescribed by law.

2. A dossier of application for renewal or modification of a groundwater extraction license must comprise:

a) A written application for renewal or modification of the license;

b) A report on current status of the groundwater extraction, and results of the implementation of the license;

c) Schematic diagram of the area and location of the groundwater extraction facility (unless otherwise the groundwater extraction license is to be renewed).

3. Such written application and report shall be made using Forms No. 03, 04, 38, 39, 40 and 41 provided in the Appendix to this Decree.

Article 19. Dossiers for grant, renewal or modification of surface water and seawater extraction licenses

1. A dossier of application for a surface water or seawater extraction license must comprise:

a) A written application for a license;

b) A scheme on water extraction;

c) A diagram of the water extraction facility location;

d) Results of the water source quality analysis within 6 months up to the date of dossier submission (except for seawater extraction, surface water extraction for hydroelectric power, for cooling machinery and equipment, or generating steam, heating, preventing salinization, generating water sources, controlling inundation or creating landscapes, or for construction).

Surface water quality analysis results must meet minimum parameters including: pH, BOD5, COD, TSS, DO, Total Phosphorus, Total Nitrogen, Total Coliform, Chloride.

Water quality analysis must be conducted by an organization meeting the requirements and conditions for environmental monitoring capacity as prescribed by law.

2. A dossier of application for renewal or modification of a surface water or seawater extraction license must comprise:

a) A written application for renewal or modification of the license;

b) A scheme on water extraction, and results of the implementation of the license;

c) A diagram of the water extraction facility location (unless otherwise the surface water and seawater extraction license is to be renewed).

3. Such written application and scheme shall be made using Forms No. 05, 06, 07, 08, 42, 43, 45, 46, 47 and 48 provided in the Appendix to this Decree.

4. For irrigation facilities constructed and operated before January 1, 2013, upon making the dossier of application for the license, the scheme shall be made using Form No. 44 provided in the Appendix to this Decree.

Article 20. Dossiers of application for re-grant of groundwater exploration license or water extraction licenses

1. A written 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 extraction and use activities and other relevant documents (if any).

3. Such written application for re-grant of a water resource exploration license or water extraction license shall be made using Form No. 09 provided in the Appendix to this Decree.

Article 21. Dossiers of application for return and temporary invalidation of groundwater exploration license or water extraction licenses

1. A dossier of application for return of a license must comprise:

a) A written application for return of the license;

b) Documents proving the fulfillment of financial obligations, payment of the levy for the grant of the water extraction right, and other relevant obligations (if any);

c) Such written application for return of a groundwater exploration license or water extraction license shall be made using Form No. 10 provided in the Appendix to this Decree.

2. A dossier of application for temporary invalidation of a license must comprise:

a) A written application for temporary invalidation of the license and other relevant documents (if any);

b) Such written application for temporary invalidation of a groundwater exploration license or water extraction license shall be made using Form No. 11 provided in the Appendix to this Decree.

Article 22. Process and procedures for grant of a groundwater exploration license or water extraction license

1. Receipt and examination of dossiers:

a) The organization or individual applying for the license shall submit 01 dossier in person at the single-window section, by postal services, or through authorized representatives in accordance with law regulations, or online via the public service portal to the dossier-receiving authority;

b) Within 3 working days from the date of receiving a dossier, the dossier-receiving authority shall review and examine the dossier. In cases where the dossier is invalid, the dossier-receiving authority shall return the dossier to the organization or individual applying for the license and notify the latter of reasons for refusal to receive the dossier.

In the case where the dossier is valid, the dossier-receiving authority shall transfer such dossier to the dossier-examining authority prescribed in Clause 2, Article 16 of this Decree for the latter to examine such dossier.

2. Examination of schemes and reports on water resource exploration and extraction in dossiers of application for licenses (hereinafter referred to as schemes and reports):

a) Within 42 days after receiving a complete dossier as prescribed in Clause 1 of this Article, the dossier-examining authority shall send a notice of examination fee to the organization or individual applying for the license and then examine the scheme and report; In case of necessity, it may conduct on-site inspections, establish an examination council for such scheme and report, and invite comments of relevant authorities, organizations and individuals.

For groundwater exploration and extraction facilities located within the protection zone of irrigation facilities as prescribed in Clause 7, Article 52 of the Law on Water Resources, the examining authority must obtain written opinions from the State authorities managing such irrigation facilities regarding the impact of the proposed groundwater extraction on the safety of the irrigation facilities.

The dossier-examining authority shall submit the dossier to the competent State authority to grant the license if the conditions are fully satisfied; or return the dossier to the organization or individual applying for the license and send the latter a written notice of the expressive reasons for such if the conditions are not fully satisfied;

b) In cases where supplementation or modification is required to finalize a scheme or report, the dossier-examining authority shall send a written notice to the organization or individual applying for the license, clearly stating details of the scheme or report that need to be supplemented and completed. The period for the organization or individual to supplement and finalize the scheme or report shall not be counted into the period of scheme or report examination. The period of scheme or report examination after it is supplemented and completed is 24 days;

c) In cases where a scheme or report is required to be modified, the dossier-examining authority shall send a written notice to the organization or individual applying for the license, clearly stating details of the scheme or report that do not satisfy requirements and need to be modified and return the dossier to the organization or individual applying for the license.

Article 23. Process and procedures for renewal, modification, re-grant of a groundwater exploration license or water extraction license

1. Receipt and examination of dossiers:

a) The organization or individual applying for renewal, modification, or re-grant of the license (hereinafter referred to as the applicant) shall submit 01 dossier in person at the single-window section, by postal services, or through authorized representatives in accordance with law regulations, or online via the public service portal to the dossier-receiving authority;

b) Within 3 working days from the date of receiving a dossier, the dossier-receiving authority shall review and examine the dossier. In cases where the dossier is invalid, the dossier-receiving authority shall return the dossier to the applicant and notify the latter of reasons for refusal to receive the dossier.

In the case where the dossier is valid, the dossier-receiving authority shall transfer such dossier to the dossier-examining authority prescribed in Clause 2, Article 16 of this Decree for the latter to examine such dossier.

2. Examination of schemes and reports in cases of renewal or modification of licenses:

a) Within 35 days after receiving a complete dossier as prescribed in Clause 1 of this Article, the dossier-examining authority shall send a notice of examination fee to the applicant and then examine the scheme and report. In case of necessity, the examining authority shall conduct on-site inspections, establish an examination committee for the scheme and report, and invite comments from relevant authorities, organizations, and individuals.

The dossier-examining authority shall put forward the dossier to the competent State authority in charge of licensing in cases where the conditions for renewal are fully satisfied. The dossier-examining authority shall return the dossier to the applicant and notify in writing the latter of the reasons for refusal to receive it in cases where the conditions for renewal are not fully satisfied.

b) In cases where supplementation or modification is required to finalize a scheme or report, the dossier-examining authority shall send a written notice to the applicant, clearly stating details of the scheme or report that need to be supplemented and finalized. The period of time during which the scheme and report is being supplemented or finalized shall not count towards the examination period of the scheme and report. The examination period after the scheme and report is finalized is 24 days.

In cases where a scheme or report is required to be re-made, the dossier-examining authority shall send a written notice to the applicant, clearly stating details of the scheme or report that fails to satisfy set requirements and return the dossier to the organization or individual.

3. Examination of dossiers in case of re-grant of licenses:

Within 14 days after receiving a complete dossier as prescribed in Clause 1 of this Article, the dossier-examining authority shall examine and put forward the dossier to the competent State authority for the latter to grant the license if the conditions are fully satisfied. It shall return the dossier to the applicant and notify in writing the latter of the reasons for refusal to receive it in cases where the conditions are not fully satisfied.

Article 24. Process and procedures for temporary invalidation or approval of the return of a groundwater exploration license or water extraction license

1. Receipt and examination of the dossier:

a) The organization or individual applying for temporary invalidation or return of the license (hereinafter referred to as the applicant) shall submit 01 dossier in person at the single-window section, by postal services, or through authorized representatives in accordance with law regulations, or online via the public service portal to the dossier-receiving authority;

b) Within 3 working days from the date of receiving a dossier, the dossier-receiving authority shall review and examine the dossier. In cases where the dossier is invalid, the dossier-receiving authority shall return the dossier to the applicant and notify the latter of reasons for refusal to receive the dossier.

In the case where the dossier is valid, the dossier-receiving authority shall transfer such dossier to the dossier-examining authority prescribed in Clause 2, Article 16 of this Decree for the latter to examine such dossier.

2. Examination of the dossier of application for temporary invalidation or return of the license:

a) Within 20 days of receiving a complete dossier as prescribed in Clause 1 of this Article, the dossier-examining authority shall review, examine and put forward it to the State authority competent to approve the temporary invalidation or return of the water extraction license. The dossier-examining authority shall return the dossier to the applicant and notify in writing the latter of the reasons for refusal to receive it in cases where the conditions for approval are not fully satisfied;

b) In cases where supplementation or modification is required to finalize the dossier, the dossier-examining authority shall send a written notice to the applicant, clearly stating details of the dossier that need to be supplemented and finalized. The period of time during which the dossier is being supplemented or finalized shall not count towards the examination period of the dossier. The examination period after the dossier is finalized is 6 working days.

Article 25. Process and procedures for declaration and registration of groundwater extraction and use

1. Process and procedures for declaration and registration of groundwater extraction and use

a) Declaration and registration shall be made via the application for declaration and registration of water extraction and use;

b) Key information to be declared includes: name of the household head, location, type, number, depth of wells, water quantity, and extraction frequency;

c) Key information to be registered includes: the registrant’s information; the location, type, depth of well, water quantity, extraction frequency and purpose, extracted aquifer, and commitments of the registrant.

2. In cases where the application for declaration and registration of water extraction and use is not available, the declaration of groundwater extraction shall be carried out as follows: The commune-level People's Committee will send a notice and distribute declaration forms (Form No. 12 provided in the Appendix to this Decree) to organizations and individuals subject to declaration in the locality, and households for the latter to fill in such declaration forms and submit them to the commune-level People's Committee for consolidation and later update into the application once it is operational.

3. In cases where the application for declaration and registration of water extraction and use is not available, the registration of groundwater extraction and use shall be carried out as follows:

a) Organizations or individuals extracting and using groundwater, as prescribed at Points c and d, Clause 2, Article 8 of this Decree, shall submit 2 registration forms (Forms No. 13 and 14 provided in the Appendix to this Decree) to the district-level People's Committee or the commune-level People's Committee. The commune-level People’s Committee shall submit the declarations to the district-level People's Committee. In cases where no groundwater extraction facility has been constructed, the organization or individual shall make registration before commencing the construction of such facility;

b) Within 14 days after receiving the declarations of the organization or individual, the district-level People's Committee shall examine the declared details, give a certification in the declarations and send 01 of such declarations to the organization or individual;

c) In cases where the organization or individual has registered the groundwater extraction, if he/she/it no longer wishes to continue extracting and using groundwater, it/he/she shall notify such and return the certified declarations to the district-level People's Committee or the commune-level People’s Committee for the latter to notify such to the district-level People's Committee, and fill the unused wells under regulations.

In cases where an organization or individual, whose registration has been confirmed by a competent State authority, needs to adjust his/her/its registration forms, he/she/it must carry out procedures for new registration.

Article 26. Process and procedures for registration of surface water and seawater extraction, registration of water surface use, and digging of lakes, ponds, rivers, streams, canals, and ditches

1. Process and procedures for registration of surface water and seawater extraction, registration of water surface use, and digging of lakes, ponds, rivers, streams, canals, and ditches:

a) The commune-level People's Committee shall send a notice and distributes registration forms (Forms No. 15, 16, 17, and 18 provided in the Appendix to this Decree) to organizations and individuals subject to registration in the locality.

In cases where no facility has been constructed, an organization or individual shall make registration before commencing the drilling or the construction of such facility;

b) Within 14 days after receiving the declaration forms, the organization or individual shall fill in them and submit them to the provincial-level Department of Natural Resources and Environment or the commune-level People’s Committee. In cases where the organization or individual submits the declaration forms to the commune-level People's Committee, the commune-level People's Committee shall put forward them to the provincial-level Department of Natural Resources and Environment;

c) Within 14 days of receiving the registration forms from the organization or individual, the competent State authority shall confirm the registration and send 01 of such forms to the organization or individual.

In cases where water extraction facilities are reservoirs or spillways, the competent State authority shall confirm the registration and send 01 of registration forms to the organization or individual within 28 days.

2. Organizations or individuals who have registered to extract surface water, seawater, use water surfaces, dig lakes, ponds, rivers, streams, canals, and ditches, if they do not continue to extract or use them, must notify in writing the cessation of extraction or use and return the written confirmation of registration to the provincial-level Departments of Natural Resources and Environment.

In cases where an organization or individual, whose registration has been confirmed by a competent State authority, needs to modify his/her/its written confirmation, he/she/it must carry out procedures for new registration.

Article 27. Process and procedures for suspension of a groundwater exploration license or water extraction license

1. When detecting that a license holder commits a violation as prescribed in Clause 1, Article 11 of this Decree, a competent State authority in charge of licensing shall consider and suspend his/her/its license.

2. Depending 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 competent State authority in charge of licensing shall decide on the period of license suspension.

3. The competent State authority in charge of licensing 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 regulations.

Article 28. Process and procedures for revocation of a groundwater exploration license or water extraction license

1. When carrying out periodical or ad-hoc examination or inspection, in cases where detecting the cases prescribed at Points b and d, Clause 1, Article 12 of this Decree, State authorities competent to inspect and examine shall report them in writing to licensing authorities; in cases where detecting the cases prescribed at Points a and c, Clause 1, Article 12 of this Decree, State authorities competent to inspect and examine shall handle them according to their competence and concurrently report them in writing to licensing authorities.

Within 42 days after receiving reports, licensing authorities shall consider revoking the licenses.

2. In cases where competent State authorities decide to revoke licenses as prescribed at Point dd, Clause 1, Article 12 of this Decree, they shall notify such to license holders at least 90 days in advance.

Article 29. Water extraction reporting

1. On an annual basis, before January 30 of the following year, the license holder shall prepare a report on the current status of water extraction using Forms No. 60, 61, 62 provided in the Appendix to this Decree and send them to the dossier-examining authority, and at the same time to the provincial-level Department of Agriculture and Rural Development (if it is an irrigation facility), the provincial-level Department of Industry and Trade (if it is a hydroelectric power or thermal power facility) of the locality where the facility is constructed.

In cases where the licensing authority is the Ministry of Natural Resources and Environment, the license holder must also send them to the provincial-level Department of Natural Resources and Environment of the locality where the facility is constructed.

2. The consolidation of information and data in the report covers from January 1 to December 31 of the reporting year.

 

Chapter III

GROUNDWATER DRILLING PRACTICE AND SERVICES RELATED TO WATER RESOURCES

 

Section 1

GROUNDWATER DRILLING PRACTICE

 

Article 30. Scale of groundwater drilling practice and validity period of groundwater drilling practice licenses

1. The scale of groundwater drilling practice is prescribed as follows:

a) Small-scale groundwater drilling practice means the practice of drilling and installing groundwater wells with prop tubes or wall tubes of no more than 110 mm in diameter and belonging to facilities with a flow of less than 200 m³/24 hours;

b) Medium-scale groundwater drilling practice means the practice of drilling and installing groundwater wells with prop tubes or wall tubes of no more than 250 mm in diameter and belonging to facilities with a flow of between 200 m³/24 hours and less than 3,000 m³/24 hours;

c) Large-scale groundwater drilling practice includes cases other than those prescribed at Points a and b, Clause 1 of this Article.

2. Organizations and individuals licensed to practice groundwater drilling on a certain scale may practice on that scale and smaller scales; and may drill and install drilling bores and wells for exploration, investigation or survey for groundwater extraction, study, assessment and monitoring purposes, with a diameter equivalent to that prescribed in Clause 1 of this Article.

Organizations and individuals granted groundwater drilling practice licenses can practice groundwater drilling nationwide.

3. Time limits for grant of groundwater drilling practice licenses

The groundwater drilling practice license is valid for up to 10 years and can be renewed multiple times, each renewal not exceeding 5 years.

Article 31. Licensing requirements for groundwater drilling

An organization or individual practicing groundwater drilling must fully meet the following requirements:

1. Obtain a decision on establishment of an institutional entity from a competent authority, or one of the following qualifications, such as business registration certificate, business and tax registration certificate, enterprise registration certificate as required of such institutional entity, or household business registration certificate as required of an individual group or a family household granted by a competent State authority.

2. The head of an organization or the person assuming prime responsibility for technical issues of the practicing organization or individual (hereinafter referred to as technical lead) must meet the following requirements:

a) Accredited small-scale groundwater drilling:

Possessing a post-high school vocational qualification or higher in geology or drilling, or be a drilling worker with skill level 3/7 or equivalent.

Unless the above-mentioned degrees or certificates are presented, he/she is required to have been directly involved in a minimum of 3 groundwater drilling facilities;

b) Accredited medium-scale groundwater drilling:

Possessing a post-high school vocational qualification or higher in geology or drilling. Additionally, having directly participated in preparing at least 01 exploration scheme or report, designing an extraction well system, or supervising the construction of at least 3 groundwater drilling facilities with a flow rate of 200 m³/24 hours or more;

c) Accredited large-scale groundwater drilling:

Possessing a university degree or higher in geology or drilling. Additionally, having directly participated in preparing at least 3 exploration scheme or report, designing an extraction well system, or supervising the construction of at least 3 groundwater drilling facilities with a flow rate of 3,000 m³/24 hours or more.

Article 32. Competence to grant, renew, modify, re-grant, approve the return of, suspend, and revoke groundwater drilling practice licenses

1. Competence to grant, renew, modify, re-grant, approve the return of, suspend, and revoke groundwater drilling practice licenses:

a) The Ministry of Natural Resources and Environment shall grant, renew, re-grant, approve the return of, suspend, and revoke large-scale groundwater drilling practice licenses as prescribed at Point c, Clause 1, Article 30 of this Decree.

Depending on working requirements, implementation capabilities, actual conditions, and specific circumstances, the Minister of Natural Resources and Environment shall decide to authorize the authority in charge of water resources under the Ministry of Natural Resources and Environment to implement this Point in accordance with the Law on Government Organization.

b) Provincial-level Departments of Natural Resources and Environment shall grant, renew, modify, re-grant, approve the return of, suspend, and revoke small and medium-scale groundwater drilling practice licenses as prescribed at Point a and Point b, Clause 1, Article 30 of this Decree for organizations and individuals residing within their respective localities.

2. Authorities responsible for receiving dossiers and returning results (hereinafter referred to as dossier-receiving authorities) include:

a) The Ministry of Natural Resources and Environment’s office in charge of receiving dossiers for and notifying results of the settlement of administrative procedures shall receive dossiers for and notify results of the settlement of administrative procedures under the Ministry’s licensing competence;

b) The single-window section or Public Administrative Center shall receive dossiers for and notify results of the settlement of administrative procedures in cases where the provincial-level Departments of Natural Resources are competent to grant licenses. In cases where the localities have not yet established the single-window section or Public Administrative Center, the provincial-level Departments of Natural Resources and Environment shall receive dossiers for and notify results of the settlement of administrative procedures in cases where they are competent to grant licenses.

3. Authorities responsible for examining dossiers and managing dossiers and licenses (hereinafter referred to as dossier-examining authorities):

a) The authority in charge of water resources affiliated to the Ministry of Natural Resources and Environment shall examine and manage dossiers and licenses in cases where the Ministry of Natural Resources and Environment is competent to grant such licenses;

b) The provincial-level Departments of Natural Resources and Environment shall examine and manage dossiers of application and licenses in cases where the provincial-level People's Committees are competent to grant such licenses.

Article 33. Requirements for organizations and individuals practicing groundwater drilling

1. An organization or individual practicing groundwater drilling must fully meet the following requirements:

a) Take measures to ensure safety for people and groundwater extraction facilities;

b) Avoid land subsidence, saltwater intrusion, and aquifer pollution;

c) Take other measures to protect groundwater and the environment.

2. Comply with drilling technical procedures and regulations regarding groundwater protection; ensure that the technical lead is present on-site to oversee drilling and well installation. In case of land subsidence or other abnormalities affecting construction and the livelihood of people in the construction’s surroundings, immediately cease construction, address and rectify the problems promptly, and take full responsibility for compensating all damages to livelihood and property caused by such incidents, and report promptly to local authorities, the provincial-level Department of Natural Resources and Environment of the locality where the facility is located, and the licensing authority.

3. Notify in writing the commune-level People's Committee and the district-level Division of Natural Resources and Environment of the locality where the facility is located of the location, scale of the groundwater drilling facility, and the estimated construction duration at least 9 days before the construction is commenced.

4. Within 30 days after completing the construction, update information and data on the geological structure and strata at drilling sites into the national information system and database on natural resources.

5. Notify the licensing authority in writing within 30 days of any changes regarding the technical lead. At the same time, enclose therewith documents proving the qualifications of the technical lead as prescribed in Article 31 of this Decree.

6. On an annual basis, before January 30 of the following year, consolidate information about the groundwater drilling facilities that have been completed into a report, using Form No. 56 provided in the Appendix to Decree, and send it the licensing authority.

Article 34. Licensing of groundwater drilling practice

1. A dossier of application for a groundwater drilling practice license must comprise:

a) A written application for a license;

b) Originals or certified copies or copies enclosed with their originals for collation, or certified e-copies of the originals, or photocopies certified by the conferring authority of the diplomas or certificates of the technical lead as prescribed by law and the labor contract between the applicant and the technical lead;

c) A declaration of professional experience in groundwater drilling operations by the technical lead of the applicant;

d) Such written application and declaration of professional experience of the technical lead shall be made using Form No. 49 and Form No. 52 provided in the Appendix to this Decree.

2. The process and procedures for licensing

a) An organization or individual applying for a license shall submit 01 dossier in person or by postal services or send its electronic file via the online public service system to the dossier-receiving authority;

b) Within 3 working days from the date of receiving a dossier, the dossier-receiving authority shall review and examine the dossier for its completeness and validity. In cases where the dossier is invalid, the dossier-receiving authority shall notify of the return of the dossier and reasons for refusal to receive the dossier to the organization or individual applying for the license.

In the case where the dossier is valid, the dossier-receiving authority shall transfer such dossier to the examining authority prescribed in Clause 3, Article 32 of this Decree for the latter to examine such dossier;

c) Within 21 days after receiving a complete dossier as prescribed at Point b of this Clause, the dossier-examining authority shall send a notice of examination fee to the organization or individual applying for the license and then examine the dossier of application.

In case of necessity, the dossier-examining authority may conduct on-site inspections of the operational conditions and technical expertise of the organization or individual applying for the license, or request the authority in charge of water resources of the locality where such organization or individual operates to conduct on-site inspections. The authority requested to conduct the inspections shall conduct such inspections and provide a written response to the dossier-examining authority within 9 days from the date of receiving the inspection request.

The dossier-examining authority shall submit the dossier to the competent State authority to grant the license if the conditions are fully satisfied; or return the dossier to the organization or individual applying for the license and send the latter a written notice of the expressive reasons for such if the conditions are not fully satisfied;

d) In cases where supplementation or modification is required to finalize the dossier, the dossier-examining authority shall send a written notice to the organization or individual applying for the license, clearly stating details of the dossier that needs to be supplemented and finalized. The period of time during which the dossier is being supplemented or finalized or the actual inspection is being conducted shall not count towards the examination period of the dossier. The examination period after the dossier is finalized is 14 days.

Article 35. Renewal and modification of groundwater drilling practice licenses

1. The renewal of a groundwater drilling practice license shall depend on the conditions prescribed in Article 31 of this Decree and the following specific conditions:

a) During operations, the license holder must fully comply with the requirements prescribed in Article 33 of this Decree;

b) The license remains valid and the dossier of application for license renewal is submitted at least 30 days before the license expires.

2. In cases where the dossier of application for renewal is submitted after the time prescribed at Point b, Clause 1 of this Article, a dossier of application for a new license must be submitted.

3. The modification of the license in cases where the license holder requests a change in the practice scale. In cases where the license holder intends to upscale the groundwater drilling from small or medium scale to large scale, he/she/it must submit a dossier of application for a new license to the Ministry of Natural Resources and Environment.

4. The consideration of adjusting a groundwater drilling practice license shall depend on the conditions prescribed in Article 31 of this Decree.

5. Components of a dossier of application for renewal or modification of a groundwater drilling practice license include:

a) A written application for renewal or modification of the license;

b) In case of application for license renewal involving a change in the technical lead, in addition to the written application for license renewal, documents proving the qualifications of the new technical lead as prescribed at Point b, Clause 1, Article 34 of this Decree must also be submitted in accordance with regulations;

c) In case of application for license modification, in addition to the written application for license modification, documents proving the qualifications of the new technical lead as prescribed at Point b, Clause 1, Article 34 of this Decree must also be submitted in accordance with regulations;

d) Such written application and declaration of professional experience of the technical lead shall be made using Form No. 50 and Form No. 52 provided in the Appendix to this Decree.

6. Process and procedures for renewal and modification of a groundwater drilling practice license:

a) The organization or individual applying for renewal or modification of the license (hereinafter referred to as the applicant) shall submit 01 dossier in person at the single-window section, by postal services, or through authorized representatives in accordance with law regulations, or online via the public service portal to the dossier-receiving authority;

b) Within 3 working days from the date of receiving a dossier, the dossier-receiving authority shall review and examine the dossier for its completeness and validity. In cases where the dossier is invalid, the dossier-receiving authority shall notify of the return of the dossier and reasons for refusal to receive the dossier to the organization or individual.

In the case where the dossier is valid, the dossier-receiving authority shall transfer such dossier to the examining authority prescribed in Clause 3, Article 32 of this Decree for the latter to examine such dossier;

c) Within 14 days after receiving a complete dossier as prescribed at Point b of this Clause, the dossier-examining authority shall examine the dossier and send a notice of examination fee to the organization or individual.

In case of necessity, the dossier-examining authority may conduct on-site inspections of the operational conditions and technical expertise of the organization or individual applying for the license, or request the authority in charge of water resources of the locality where such organization or individual operates to conduct on-site inspections. The authority requested to conduct the inspections shall conduct such inspections and provide a written response to the dossier-examining authority within 9 days from the date of receiving the inspection request.

The dossier-examining authority shall submit the dossier to the competent State authority to grant the license if the conditions are fully satisfied; or return the dossier to the organization or individual and send the latter a written notice of the expressive reasons for such if the conditions are not fully satisfied;

d) In cases where supplementation or modification is required to finalize the dossier, the dossier-examining authority shall send a written notice to the organization or individual, clearly stating details of the dossier that needs to be supplemented and finalized. The period of time during which the dossier is being supplemented or finalized or the actual inspection is being conducted shall not count towards the examination period of the dossier. The examination period after the dossier is finalized is 5 working days.

Article 36. Re-grant and return of groundwater drilling practice licenses

1. A license may be re-granted when the following conditions are met and 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 details of the license.

In cases of re-grant due to transfer, handover, merger, or spin-off, the receiving party must apply for such re-grant.

c) The validity period stated in a re-granted license is the remaining validity period of the former license.

2. A groundwater drilling practice license shall be returned when the license holder no longer uses or has no further need for such license.

3. A dossier of application for re-grant or return of a groundwater drilling practice license must comprise:

a) A written application for re-grant or return of the license;

b) 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);

c) Such written application for re-grant or return of a groundwater drilling practice license shall be made using Form No. 51 provided in the Appendix to this Decree.

4. Process and procedures for re-grant and return of a groundwater drilling practice license:

a) An organization or individual applying for re-grant or return of a license shall submit 01 dossier in person or by postal services or send its electronic file via the online public service system to the dossier-receiving authority;

b) Within 3 working days from the date of receiving a dossier, the dossier-receiving authority shall review and examine the dossier for its completeness and validity. In cases where the dossier is invalid, the dossier-receiving authority shall notify of the return of the dossier and reasons for refusal to receive the dossier to the organization or individual applying for the license.

In the case where the dossier is valid, the dossier-receiving authority shall transfer such dossier to the examining authority prescribed in Clause 3, Article 32 of this Decree for the latter to examine such dossier;

c) Within 5 working days from the date of receiving the complete dossier as prescribed at Point b of this Clause, the dossier-examining authority shall examine and put forward it to the competent State authority for the latter to approve the return thereof.

In case of re-grant, if the conditions are fully met, the license shall be re-granted by the competent authority. The validity period stated in a re-granted license is the remaining validity period of the former license. The dossier-receiving authority shall return the dossier to the organization or individual and notify in writing the latter of the reasons for refusal to receive it in cases where the dossier of application for the re-grant does not fully satisfy the conditions.

Article 37. Suspension and revocation of groundwater drilling practice licenses

1. A license shall be suspended as follows:

a) The license is suspended if the license holder breaches the license, thereby causing land subsidence, deformation of facilities, or severe degradation, pollution, depletion, or saltwater intrusion of water sources;

b) The period of license suspension shall not exceed 3 months;

c) During the period of license 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 regulations;

d) Upon the expiration of the period of license suspension, license holders may continue exercising their rights and performing their obligations if licensing authorities issue no other decisions.

2. Cases in which a license may be revoked:

a) Its holder is detected to have forged documents, untruthfully declared details of the dossier of application for the license or have falsely modified details 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 breaches the decision on license suspension or commits repeated violations prescribed at Point a, Clause 1 of this Article;

d) The license has been granted ultra vires.

3. In cases where a license is revoked under Point a or c, Clause 2 of this Article, its holder may be considered for grant of a new license after he/she/it remedies the violations, fulfills all obligations been, and complies with other law regulations related to the revocation of the former license.

4. In cases where a license is revoked under Point d, Clause 2 of this Article, a competent State authority in charge of licensing shall consider granting a new license.

 

Section 2

SERVICES RELATED TO WATER RESOURCES

 

Article 38. General provisions on services related to water resources

1. The service of supporting decision-making on water resource regulation and distribution means a service that provides solutions and advice to State authorities in deciding on options for coordinating water extraction and use activities in river basins and aquifers to optimize the socio-economic and environmental benefits derived from water resources.

The service of supporting decision-making on water resource regulation and distribution of both surface water and groundwater.

2. The service of supporting decision-making on reservoir and inter-reservoir operation means a service that provides solutions and advice to organizations, individuals, and State authorities to develop and implement reservoir operation plans in compliance with the principles and regulations of the reservoir and inter-reservoir operation processes and in accordance with the regulation and distribution plans. It also proposes adjustments to reservoir or inter-reservoir operation processes to allow for flexible water extraction, enhancing the regulation and water supply efficiency of reservoirs, and improving the water extraction and use efficiency of downstream water extraction and use facilities.

3. Requirements for the products of services related to water resources

a) The products of the services ensure compliance with regulations on water resource allocation and distribution, reservoir operation, and inter-reservoir coordination;

b) The products of the services serve as a reliable basis for coordinating water resource exploitation and use in river basins and aquifers, aiming to optimize socio-economic and environmental benefits provided by the water resources; for flexible reservoir operation; and for enhancing reservoir regulation efficiency in flood prevention and mitigation, and water supply for downstream areas;

c) The information and data of products of the services shall be interconnected, integrated, and shared with the national information system and database on natural resources;

d) The provision of the service of supporting decision-making shall ensure timely responsiveness to the needs of the service users.

4. Priority is given to organizations that have participated in the development of inter-provincial river basin master plans, reservoir operation processes, or have provided services related to water resources.

Article 39. Conditions for institutional providers of services related to water resources

An institutional provider of services related to water resources as prescribed in Clause 1, Article 70 of the Law on Water Resources must meet the following conditions:

1. Possessing either an official decision on establishment issued by the competent State authority or one of the following types of business registration certificates: business registration certificate, business registration and tax identification code certificate, enterprise registration certificate granted by the competent State authority, and having functions and tasks related to providing services related to water resources.

2. Having technical infrastructure, physical facilities, equipment, and software ensuring the ability to provide services as prescribed in Clause 4, Article 40 of this Decree.

3. Must have a team of experts involved in providing the service of supporting decision-making on water resource regulation and distribution, and the service of supporting decision-making on reservoir and inter-reservoir operation, who must meet the conditions prescribed in Article 40 of this Decree and the following conditions:

a) Being a Vietnamese citizen or foreigner who has a permit for working in Vietnam as prescribed by the law regulations on labor;

b) Possessing a university or higher diploma in a major relevant to his/her assigned tasks. Such a diploma may be granted by a Vietnamese or foreign training institution in accordance with law regulations;

c) Possessing an employment decision or a labor contract with the organization as prescribed by law. In cases where the labor contract is a definite-term contract, it must remain valid for at least 6 months at the time of making a dossier proving the capacity for providing services related to water resources.

Article 40. Requirements regarding human resources and infrastructure of institutional providers of services related to water resources

1. An institutional provider of the service of supporting decision-making on water resource regulation and distribution, or the service of supporting decision-making on reservoir or inter-reservoir operation, must have a team of experts trained in disciplines related to surface water, groundwater, environment, information technology, or other water resource-related disciplines. Among them, there are one technical lead who meets the requirements prescribed in Clause 2 of this Article and expert groups that meet the requirements prescribed in Clause 3 of this Article.

2. The project's technical lead must meet the following requirements:

a) Possessing expertise in one of the relevant fields related to surface water and groundwater;

b) For the service of supporting decision-making on water resource regulation and distribution: have at least 10 years of experience working in water resource-related disciplines, directly use one of the hydrological, hydraulic, or groundwater mathematical models related to the products of the service. At the same time, participated in developing at least 01 inter-provincial river basin master plan or 01 inter-reservoir operation process;

c) For the service of supporting decision-making on reservoir operation: have at least 7 years of experience working in water resource-related disciplines, directly use one of the hydrological or hydraulic mathematical models related to the products of the service. At the same time, have participated in developing at least one inter-reservoir operation process or one reservoir operation process.

3. The expert teams must meet the following requirements:

a) For the service of decision-making support on reservoir or inter-reservoir operation: At least 5 officers trained in surface water-related disciplines; 01 officer trained in disciplines related to environment; 01 officer trained in disciplines related to information technology. Among them, 3 officers shall have at least 5 years of experience of working in water resources-related fields and have directly applied hydrological, hydraulic, geographic information system models to perform specialized water resource-related tasks;

b) For the service of supporting decision-making on water resource regulation and distribution, in addition to meeting the requirements prescribed at Point a of this Clause, there must be at least 2 officers trained in groundwater-related disciplines, including at least 1 officer with a minimum of 5 years of experience working in water resource-related fields and directly applying groundwater mathematical models to perform water resource-related tasks.

4. The institutional provider of the service of supporting decision-making on water resource regulation and distribution, or the service of supporting decision-making on reservoir and inter-reservoir operation, must have technical infrastructure, physical facilities, equipment, and software including:

a) A system for receiving, transmitting, and storing information capable of collecting and transmitting real-time meteorological, hydrological, and water resource-related data within the basin;

b) Connectivity with meteorological and hydrological observation database systems, as well as the national information system and database on natural resources;

c) Information and data used for synthesis and service provision must ensure consistency, uniformity, completeness, and clear origin;

d) A computational model toolkit for real-time processing, analysis, and forecasting, with certified copyright, includes the following main models: statistical model, hydrological model, hydrodynamic model, water balance model, reservoir operation model, and water quality model. The toolkit must be validated and calibrated by an independent consultancy or a State authority in charge of managing water resources.

5. A capacity dossier of an institutional provider of services related to water resources comprise:

a) Originals or certified copies or copies enclosed with their originals for collation, or certified e-copies of the originals of papers prescribed in Clause 1, Article 39 of this Decree, and papers, documents and contracts proving the satisfaction of requirements with regard to items subject to certain conditions upon implementation (if any) as prescribed;

b) A list of experts, individuals assigned technical responsibilities; personal identification numbers; originals or certified copies or copies enclosed with their originals for collation, or certified e-copies of the originals of their diplomas, labor contracts, or recruitment decisions; documents proving the work experience of each individual meeting the requirements prescribed in Clauses 2 and 3 of this Article (their résumés detailing their work history and professional experience, and supporting documents including task assignment decisions, assigned tasks, and approval decisions for completed professional tasks);

c) Technical infrastructure, physical facilities, equipment, software used to perform the service, and documentation proving the compliance with the requirements prescribed in Clause 4 of this Article.

Article 41. Responsibilities of authorities and organizations for providing and using services related to water resources

1. Institutional providers of services related to water resources shall:

a) Deploy and employ experts in accordance with the requirements and job descriptions as prescribed in Clauses 2 and 3, Article 40 of this Decree. In the course of implementation, any changes or adjustments to the team of experts must be communicated in writing to the service users, specifying the reasons for such changes or adjustments, enclosed with documents proving the qualifications and experience of the replacement experts;

b) Ensure the truthfulness of the information provided in the capacity dossier for participating in the performance of the services and take legal accountability for any untruthful declaration.

2. Organizations using the service of supporting decision-making on reservoir or inter-reservoir operation shall:

a) Be responsible for overseeing and supervising the institutional provided of the service of supporting decision-making on reservoir or inter-reservoir operation;

b) Commit to accountability for data and operational plans;

c) Take accountability for decision-making on reservoir or inter-reservoir operation; propose adjustments to inter-reservoir operation processes to ensure efficiency, cost-effectiveness, and safety;

d) If the service users are reservoir management and operation organizations, on an annual basis, they shall make assessments of the quality and effectiveness of the operation plans provided by the institutional providers of the service of supporting decision-making on reservoir or inter-reservoir operation, and report the use of services related to water resources in their reports on water extraction.

3. Authorities and organizations using the service of supporting decision-making on water resource regulation and distribution shall be responsible for organizing, inspecting, and monitoring the institutional providers of the service of supporting decision-making on water resource regulation and distribution.

 

Chapter IV

LEVY ON GRANT OF THE WATER EXTRACTION RIGHT

 

Article 42. Compulsory payment of levy on grant of the water extraction right

Organizations and individuals that extract water and are subject to the licensing of surface water or groundwater extraction shall pay the levy on grant of the water extraction right if:

1. They extract surface water for power generation for commercial purposes.

2. Extraction of surface water and groundwater for production (including for cooling machinery and equipment, or generating steam, heating), business, services, supply for agriculture, aquaculture, and domestic use.

Article 43. Non-payment of, exemption from, and reduction of levy on grant of the water extraction right

1. Organizations and individuals extracting water resources are not required to pay levies on grant of the water extraction right if they fall into the cases prescribed in Clause 2, Article 69 and Clause 3, Article 86 of the Law on Water Resources.

2. Organizations and individuals extracting water resources may be exempt from levies on grant of the water extraction right if they fall into the cases prescribed in Clause 3, Article 69 of the Law on Water Resources.

For projects in the cases prescribed at Point b, Clause 3, Article 69 of the Law on Water Resources, the project owners must submit written guarantees to demonstrate the basis for exemption from the levies on grant of the water extraction right as prescribed, enclosed with the dossiers of application for the water extraction licenses.

3. Organizations or individuals extracting water resources are entitled to a reduction in levies on grant of the water extraction right if they fall into the cases prescribed in Clause 4, Article 69 of the Law on Water Resources.

Article 44. Grounds for calculation of levy on grant of the water extraction right

1. Water uses, including:

a) For hydroelectric power production;

b) For businesses and services;

c) For production (including for cooling machinery and equipment, or generating steam, heating);

d) For agricultural production and aquaculture;

dd) For domestic use.

2. Type of water source to be extracted, including: Surface water or groundwater.

3. Quality of the water resource shall be determined based on water quality zoning or water resource function zoning in master plans on water resources under the law on planning or approved regional master plans, provincial master plans; in case the water resource master plan is unavailable, or the master plan does not include water zoning details, the water resource quality shall be based on the actual quality of extracted water resource.

4. Conditions for extraction:

a) With regard to surface water, conditions at the location of surface water source shall be considered;

b) For groundwater, extraction conditions shall be determined based on type of extraction facilities (drilled wells, dug wells, pits, corridors, veins and caves); in case the groundwater extraction facilities are drilled wells, conditions shall be determined based on extracted depth.

5. Extraction rate:

a) The scale of extraction of water to serve hydroelectric power plants shall be determined according to design documents;

b) For the case of water extraction for purposes other than those prescribed at Point a of this Clause, the scope of extraction shall be determined based on the water extraction licenses and rate of water supply for the use purposes.

6. The levy period shall be counted from the date on which a water extraction facility commences its operation or the effective date of the license through the validity period stated in the water extraction license.

7. Volume of extracted water (output).

Article 45. Levy rate on grant of the water extraction right (M)

The levy rate on grant of the water extraction right (M) depends on the water use purposes and types of water sources, ranging from 0.05% to 2.0% as detailed in the Appendix V to this Decree.

Article 46. Formula for calculation of the levy on grant of the water extraction right

1. Levy on grant of the water extraction right with respect to water used for hydroelectric power generation shall be calculated by adopting the following formula:

Where:

T = W x G x M

T – Levy on grant of the water extraction right; calculation unit: VND;

W – Electricity generation as prescribed in Article 47 of this Decree; calculation unit: kWh;

G – Price of grant of the water extraction right as prescribed in Article 48 of this Decree; calculation unit: VND/kWh;

M – Levy rate as prescribed in Article 45 of this Decree, as a percentage (%).

2. Levy on grant of the water extraction right in the cases other than that prescribed in Clause 1 of this Article shall be calculated by adopting the following formula:

Where:

T = W x G x K x M

T – Levy on grant of the water extraction right; calculation unit: VND;

W – Volume of extracted water for which the grant of the water extraction right shall be levied as prescribed in Article 47 of this Decree; calculation unit: m³;

G – Price of grant of the water extraction right as prescribed in Article 48 of this Decree; calculation unit: VND/kWh;

K – Adjustment coefficient as prescribed in Article 49 of this Decree;

M – Levy rate as prescribed in Article 45 of this Decree, as a percentage (%).

3. For projects employing solutions to recycle or reuse a minimum of 20% or more of the required extraction flow when no recycling or reuse measure is employed, and for reservoirs already in operation requiring adjustment or increase of storage capacity for preventing flood in downstream area compared to the approved reservoir tasks as prescribed at Points b and c, Clause 4, Article 69 of the Law on Water Resources, the reduction in the levy on grant of the water extraction right is calculated as (=) 5% multiplied (x) by the total levy on grant of the water extraction right (T).

In cases of adjusting the levy on grant of the water extraction right as prescribed at Points g and h, Clause 1, Article 52 of this Decree, the reduction in the levy on grant of the water extraction right is calculated as (=) 5% multiplied (x) by the total levy on grant of the water extraction right (T) calculated from the time the competent State authority receives a complete and valid dossier until the expiration of the license.

Article 47. Output for which the grant of the water extraction right shall be levied (W)

1. For hydroelectric power generation, the output for which the grant of the water extraction right shall be levied shall be equal to the annual average quantity of electricity defined in the Project’s design documents (E0, unit: kWh) divided (/) by 365 days and multiplied (x) by the levy period (days).

For pumped-storage hydroelectric power, the output for which the grant of the water extraction right shall be levied shall be equal to the stable electricity generation of the plant as mentioned in the Project’s design documents (Ep, unit: kWh) divided (/) by 365 days and multiplied (x) by the levy period (days).

2. In the cases other than those prescribed in Clause 1 of this Article, the volume of extracted water shall be the highest flow to be extracted (unit: m³/24 hours) prescribed in the license multiplied (x) by the annual extraction frequency and the levy period (days).

If the unit of extraction rate is m³/second, the volume of extracted water shall be the highest flow to be extracted (unit: m³/second) prescribed in the license multiplied (x) by the extraction duration in a day (calculation unit: hours) multiplied (x) by 3,600 multiplied (x) by the annual extraction frequency and levy period (days). The extraction duration in a day shall be 24 hours in cases where it is not prescribed in the license.

3. The extraction frequency in the year shall be calculated by dividing (/) the number of extraction days in the year by 365 days. The extraction frequency in the year shall be 365/365 days in cases where it is not prescribed in the license.

4. The levy period shall be counted in days as follows:

a) In cases where the extraction facility has been operated before September 01, 2017, such period shall be counted from September 01, 2017 to the expiration date of the license;

b) In cases where the extraction facility has been operated after September 01, 2017, such period shall be counted from the operation date of the facility to the expiration date of the license;

The operation date is the date on which the investment construction is completed and the water extraction facility is officially put into operation. Particularly, for hydroelectric and thermal power plants, the operation date is the date on which the investment construction is completed and commercial operation commences;

c) In cases where the facility has been operated, for which the license is granted and the levy on grant of the water extraction right is approved, and the license holder submits the dossier of application for grant or renewal of such license in order to continue extracting water, such period shall be counted from the expiration date of the former license to the expiration date of the new license;

d) In case where the water extraction facilities extracting water for domestic use are operational before July 1, 2025, the period shall be counted from July 1, 2025 to the expiration date of the license; In case where they are operational after July 1, 2025, the period shall be counted from the operation date of the facility to the expiration date of the license;

dd) In cases where the license holder has his/her/its license for extraction of surface water for supply to agriculture granted or renewed in accordance with this Decree shall pay the levy on grant of the water extraction right in accordance with this Decree at the same time he/she/it pays the levy for use of public irrigation products or services when the State no longer implements policies on subsidization of such levy in accordance with the law regulations on irrigation and pricing;

e) For license holders granted surface water extraction licenses to extract and supply water to agriculture before the effective date of this Decree but not eligible for, or with the scope of, subsidization of the levy for use of public irrigation products or services in accordance with the law regulations on irrigation and pricing, upon carrying out procedures of applying for a license or renewal thereof, the levy period shall be counted from the expiration date of the former license to the expiration date of the new license;

g) In cases where an organization or individual has not yet been granted a surface water extraction license, when preparing a dossier of application for such license in order to extract surface water to supply to agricultural activities as prescribed by this Decree but not eligible for, or with the scope of, subsidization of the levy for use of public irrigation products or services in accordance with the law regulations on irrigation and pricing, the levy period shall be calculated as follows:

In cases where the extraction facility has been operated before July 01, 2024, the volume of extracted water supplied to agriculture shall be counted from July 01, 2024 to the expiration date of the license.

In cases where the extraction facility has been operated after July 01, 2024, the volume of extracted water supplied to agriculture shall be counted from the operation date of the facility to the expiration date of the license;

h) In cases where an organization or individual has not yet been granted a groundwater extraction license, when preparing a dossier of application for such license in order to extract groundwater to supply to agricultural activities as prescribed by this Decree, the levy period shall be calculated as follows:

In cases where the extraction facility was operational before July 1, 2024, the volume of extracted water supplied to agricultural production (excluding for watering coffee, rubber, cashew or pepper plants and other perennial industrial plants, for aquaculture, and for cattle farming) shall be calculated from July 1, 2024 until the expiration date of the license.

In cases where the extraction facility has been operated after July 01, 2024, the volume of extracted water supplied to agriculture shall be counted from the operation date of the facility to the expiration date of the license;

i) In the case where the license holder was granted a groundwater extraction license to extract and supply water to agriculture before the effective date of this Decree, upon carrying out procedures of applying for a license or renewal thereof, the volume of extracted water supplied to agriculture (excluding for watering coffee, rubber, cashew or pepper plants and other perennial industrial plants, for aquaculture, and for cattle farming) shall be calculated from the effective date of the new license until its expiration date.

5. In cases where the facility extracts water for multiple purposes, the volume of extracted water, for which the grant of the water extraction right shall be levied, shall be separately determined for each purpose in accordance with regulations of this Decree as follows:

a) The license holder must determine and declare the volume of extracted water used for each extraction purpose and give an explanation of grounds thereof. With respect to a certain volume of extracted water the purpose of which is not identified, the extraction purpose with the highest levy rate prescribed in the license shall be considered;

b) In cases where multiple water extraction facilities supply to a concentrated water supply system (including newly built water extraction facilities), the output, for which the grant of the water extraction right shall be levied, for each purpose of each extraction facility shall be based on the water supply rate for each purpose of such concentrated water supply system. The water supply rate of concentrated water supply systems shall be determined at the time of examination of the dossier for calculating the levy on grant of the right based on:

For concentrated water supply systems that have been operated, the water supply rate for use water purposes shall be calculated under the latest settled annual water supply output data of the system;

For concentrated water supply systems that have been operated for less than 01 year and have not had enough settlement dossiers of water output, the water supply rate for use water purposes shall be calculated under the design dossiers approved by competent State authorities;

Water distribution and business units (without water extraction facilities) shall be responsible for providing and taking responsibility for the accuracy of water supply information and data that serve the determination of the water supply rate for the use water purposes of concentrated water supply systems.

c) In cases where a water extraction facility supplies to multiple concentrated water supply systems, the output, for which the grant of the water extraction right shall be levied, shall be based on the rate of water supply to each system and each use purpose of such system;

d) In cases where production establishments (including those producing and supplying clean water in industrial parks, industrial clusters, export processing zones, hi-tech parks, functional zones for agricultural production of economic zones), businesses, and service providers extracting water for domestic use and other purposes within their premises, the entire volume of water used shall be deemed used for the purposes of production, business, and services of such establishments.

In cases where the production establishments, businesses, and service providers supply water outside their premises, the output for which the grant of the water extraction right shall be levied shall be determined in accordance with Point b of this Clause;

dd) The volume of water supplied to administrative authorities and public non-business units is considered water for domestic use.

Article 48. Price of grant of the water extraction right (G)

1. The price of grant of the water extraction right with respect to water extracted for hydroelectric power generation shall be 70% of the electricity price used to calculate the royalty on water resources for hydroelectric power generation.

2. The price of grant of the water extraction right in cases other than those prescribed in Clauses 1, 3, 4, and 5 of this Article shall be the same as the price of water resource royalty announced by the provincial-level People’s Committee of the locality where the water extraction facility is located in conformity with the price brackets for water resource royalty prescribed by the Ministry of Finance, especially as follows:

a) The price for calculating the levy on grant of the water extraction right for establishments supplying water to urban and rural areas is the price for calculating of natural water resource royalty used for clean water production and business;

b) The price of grant of the water extraction right for purified water, wine, beer, beverage, ice extraction and production establishments:

The price of grant of the water extraction right on the volume of extracted water to be bottled or canned (directly without treatment) shall be the same as the price of the resource royalty on bottled and canned, purified natural water;

The price of grant of the water extraction right on the volume of extracted water that must be treated before being bottled or canned shall be the same as the price of the resource royalty on bottled and canned, purified natural water;

The price of grant of the water extraction right on the volume of extracted water used for the production of wine, beer, beverage, or ice shall be the same as the price of the resource royalty on water used for the production of wine, beer, beverage, or ice;

In cases where purified water, wine, beer, beverage, ice extraction and production establishments with the volume of extracted water differing from those prescribed in this Point, the price of grant of the water extraction right for such difference shall be the same as the price of royalty on natural water resources for other purposes.

c) The price of grant of the water extraction right for mineral extraction and processing, rock sawing establishments is the price of natural water resource royalty for other purposes for mineral mining;

d) The price of grant of the water extraction right for establishments producing and supplying clean water to industrial parks, industrial clusters, export processing zones, hi-tech parks, functional zones for agricultural production of economic zones, commercial service providers, production establishments, unless otherwise prescribed at Points a, b, and c of this Clause, shall be the same as the price of royalty on natural water resources used for other purposes.

3. For establishments extracting water for domestic use that are not engaged in production, business, or services, the price of royalty on natural water resources used for clean water production and business set by the provincial-level People's Committee shall be applied.

4. For groundwater extraction facilities supplying water for agricultural production and aquaculture, the price of royalty on natural water resources used for other purposes, which is set by the provincial-level People’s Committee, shall be applied.

5. For surface water extraction facilities supplying water to extract and supply water to agriculture and aquaculture, the price of grant of the water extraction right shall be equal to 10% of the price of royalty on natural water resources used for other purposes, which is set by the provincial-level People’s Committee.

6. The price of grant of the water extraction right shall be applied once for the entire validity period of the license unless the levy on grant of the water extraction right is adjusted in accordance with this Decree. The time to apply the levy on grant of the water extraction right shall be determined at the time the competent State authority receives a complete and valid dossier for calculation of levy on grant of the water extraction right.

Article 49. Adjustment coefficient (K)

1. The adjustment coefficient prescribed in Article 46 herein is determined by adopting the following formula:

K = 1 + (K1 + K2 + K3)

Where:

K1 – Coefficient of quality of extracted water source;

K2 – Coefficient of type of extracted water source;

K3 – Coefficient of conditions for extraction.

2. Coefficient of quality of extracted water source (K1) is determined according to the quality of water source which is extracted by an organization or individual.

3. Coefficient of type of extracted water source (K2) is determined according to type of water source which is extracted by an organization or individual, i.e. surface water or groundwater.

4. Coefficient of conditions of extraction (K3) is determined according to specific conditions of extraction of the water source which is extracted by an organization or individual.

5. Values of adjustment coefficients are provided for in the Appendix VI enclosed herewith.

Article 50. Competence to approve, and authorities receiving and examining levies on grant of the water extraction right

1. The Ministry of Natural Resources and Environment and provincial-level People’s Committees shall approve or adjust levies on grant of the water extraction right in cases where they are competent to grant water extraction licenses.

2. Authorities responsible for receiving dossiers and returning results (hereinafter referred to as dossier-receiving authorities) include:

a) The Ministry of Natural Resources and Environment’s office in charge of receiving dossiers for and notifying results of the settlement of administrative procedures shall receive dossiers for and notify results of the settlement of administrative procedures under the Ministry’s approval competence;

b) The single-window section or Public Administrative Center shall receive dossiers for and notify results of the settlement of administrative procedures in cases where the provincial-level Departments of Natural Resources are competent to approve such. In cases where the localities have not yet established the single-window section or Public Administrative Center, the provincial-level Departments of Natural Resources and Environment shall receive dossiers for and notify results of the settlement of administrative procedures in cases where the provincial-level People's Committees are competent to approve such.

3. Authorities responsible for examining dossiers and managing dossiers and approval decisions (hereinafter referred to as dossier-examining authorities):

a) The authority in charge of water resources affiliated to the Ministry of Natural Resources and Environment shall examine and manage dossiers and decisions on approval of levies on grant of the water extraction right in cases where the Ministry of Natural Resources and Environment is competent to approve such;

b) Provincial-level Departments of Natural Resources and Environment shall examine and manage dossiers and decisions on approval of levies on grant of the water extraction right in cases where the provincial-level People’s Committees are competent to approve such.

4. The funds for examination of dossiers for calculation of the levy on grant of the water extraction right are sourced from the collected levies on grant of the water extraction right.

Article 51. Procedures for calculating levy on grant of the water extraction right

1. Procedures for receiving, examining and approving the levy on grant of the water extraction right for facilities that have been operated:

a) The dossier for calculation of the levy on grant of the water extraction right shall comprise a declaration of the levy on grant of the water extraction right made using Form No. 57 provided in the Appendix to this Decree and supporting documents to verify the information provided in the declaration;

b) The receipt and examination of the dossier for calculation of levy on grant of the water extraction right shall be performed concurrently with the receipt and examination of the dossier of application for the grant, renewal, or modification of the water extraction license;

c) For facilities that have been granted water resource licenses to supply water for domestic use and their levies on grant of the water extraction right have not been approved by competent State authorities before July 1, 2024, the procedures for calculation of levies on grant of the water extraction right prescribed at Points b, c, and d, Clause 2 of this Article shall prevail. The submission of documents for calculation of the levy on grant of the water extraction right starts from July 1, 2025.

2. Procedures for receiving, examining and approving the levy on grant of the water extraction right for facilities that has not been operated at the time of being licensed for extraction:

a) Within 30 days from the date the facility commences its operation, the license holder must submit the dossier for calculation of the levy on grant of the water extraction right;

b) The dossier for calculation of the levy on grant of the water extraction right as prescribed at Point a of Article 1 of this Clause;

c) The license holder submits 01 dossier in person at the single-window section or by postal services or through an authorized representative as prescribed by law, or online via the public service portal for the dossier-receiving authority; In cases where the dossier is invalid, within 5 working days, the dossier-receiving authority shall return it and send a written notice clearly stating the reason.

In the case where the dossier is valid, the dossier-receiving authority shall transfer such dossier to the examining authority prescribed in Clause 3, Article 50 of this Decree for the latter to examine such dossier;

d) Within 21 days from the date of receiving the complete dossier as prescribed at Point b of this Clause, the dossier-examining authority shall examine the dossier for calculation of levy on grant of the water extraction right and establish an examination council for such dossier in case of necessity.

In cases where the dossier is eligible, the dossier-examining authority shall put forward it to the competent State authority for approval. In cases where the dossier is ineligible, the dossier-examining authority shall return the dossier to the license holder and send a written notice clearly stating the reason. In cases where the dossier needs to be supplemented or modified and finalized, the dossier-examining authority shall send a written notice stating the details to be supplemented and finalized in the dossier. The period of time during which the dossier is being supplemented or finalized shall not count towards the examination period of the dossier. The examination period after the dossier is finalized is 15 days.

3. In cases where the levy on grant of the water extraction right of the facility has been approved, if the license has only a change in the name of the license holder (re-issuance) and no change in the grounds for calculating the levy on grant of the right under the decision approving the levy on grant of the right as approved before, it is not required to adjust the decision approving the granting right charge. The re-granted license must clearly state that the new license holder must perform the financial obligations, including the levy on grant of the water extraction right as approved under the decision approving the levy on grant of the right.

Article 52. Adjustment, collection and refund of levy on grant of the water extraction right

1. The levy on grant of the water extraction right may be considered being adjusted in the following cases:

a) There is change in the license to extract water resources resulting in change in grounds for calculating the levy on grant of the right in accordance with regulations herein or change in the details for which the levy on grant of the water extraction right has been approved;

b) The average annual quantity of electricity (E0) or stable electricity generation (Ep) has been adjusted compared to the design dossiers of hydroelectric facilities, which is certified in writing by the competent State authority;

c) Facilities damaged due to force majeure events, which cannot continue extraction as prescribed at Point c, Clause 3, Article 69 of the Law on Water Resources. The exemption level shall be calculated based on the number of days during which the facility has to cease its extraction;

d) Facilities for which the levies on grant of the water extraction right is approved for by competent State authorities as of the effective date of this Decree but not yet operational;

dd) Facilities that have levies on grant of the water extraction right approved by competent State authorities before July 1, 2024, but have additional water use purposes subject to levies on grant of the water extraction right in accordance with the Law on Water Resources. The levy on grant of the water extraction right shall be calculated based on the approved parameters and criteria in the previous decision approving the levy on grant of the water extraction right. However, the price of grant of the water resource extraction right for domestic use shall be that at the time the competent State authority receives a complete and valid dossier for calculation of the levy on grant of the water extraction right;

e) Water extraction facilities that have to reduce the volume of extracted water or invalidate their water extraction licenses for a definite period of time at the request of competent State authorities as prescribed at Point a, Clause 4. Article 69 of the Law on Water Resources, or have to suspend their water extraction in accordance with Point c, Clause 3, Article 69 of the Law on Water Resources. The levy on grant of the water extraction right is reduced proportionally to the decreased volume of water during the period of reduction or suspension of extraction;

g) Water extraction facilities employing solutions to recycle or reuse a minimum of 20% or more of the required extraction flow when no recycling or reuse measure is employed;

h) Reservoirs already in operation requiring adjustment or increase of storage capacity for preventing flood in downstream area compared to the approved reservoir tasks as prescribed at Point c, Clause 4, Article 69 of the Law on Water Resources;

i) Facilities extracting water for agricultural production during periods of drought, water shortage, saltwater intrusion as prescribed at Point d, Clause 4, Article 69 of the Law on Water Resources. The levy on grant of the water extraction right may be reduced by 100% during the above-mentioned period;

k) Cases where the competent authority decides to revoke the license or the license holder voluntarily returns the granted license;

l) The adjustment is applicable only to the remaining validity period of the license.

2. Procedures for adjusting levy on grant of the water extraction right:

a) In the case prescribed at Point a, Clause 1 of this Article, the organization or individual must submit the declaration for calculating the levy on grant of the water extraction right, made using Form No. 57 provided in the Appendix to this Decree. The receipt and examination of such dossier shall be performed concurrently with the receipt and examination of the dossier of application for modification of the water extraction license;

b) In cases prescribed at Points b, c, dd, e, g, h, i, and k, Clause 1 of this Article, the license holder shall submit the declaration of the levy on grant of the water extraction right, made using Form No. 57 provided in the Appendix to this Decree, and supporting documents to the dossier-receiving authority as prescribed in Clause 2, Article 50 of this Decree. The dossier-receiving authority shall transfer such dossier to the dossier-examining authority prescribed in Clause 3, Article 50 of this Decree for the latter to examine such dossier.

Within 21 days from the date of receiving the complete dossier, the dossier-examining authority shall examine the dossier for calculation of the levy on grant of the right and establish an examination council for such dossier in case of necessity.

In cases where the dossier is eligible, the dossier-examining authority shall put forward it to the competent State authority for approval; in cases where the dossier is ineligible, the dossier-examining authority shall return the dossier to the license holder and send a written notice clearly stating the reason. In cases where the dossier needs to be supplemented or modified and finalized, the dossier-examining authority shall send a written notice stating the details to be supplemented and finalized. The period of time during which the dossier is being supplemented or finalized shall not count towards the examination period of the dossier.

In the case prescribed at Point c, Clause 1 of this Article, the dossier-examining authority shall send a written request for confirmation from the provincial-level Department of Natural Resources and Environment of the locality where the facility is located (if the facility is licensed by the Ministry of Natural Resources and Environment); receive the confirmation of the district-level Division of Natural Resources and Environment (if the facility is licensed by the provincial-level People’s Committee) of the period of time during which the facility have to cease its extraction;

c) In cases prescribed at Point d, Clause 1 of this Article, the process and procedures for calculating the levy on grant of the water extraction right shall comply with Clause 2, Article 51 of this Decree and the price prescribed in the previous decision approving the levy on grant of the water extraction right shall be applied;

d) The adjustment of the levy on grant of the water extraction right must be based on the price for calculating the levy on grant of the water extraction right when the competent State authority receives the complete and valid dossier for adjustment of the levy on grant of the water extraction right. In cases prescribed at Points c, e, i, and k, Clause 1 of this Article, the levy on grant of the water extraction right shall be calculated under the previous decision approving the levy on grant of the water extraction right.

3. Additional levy on grant of the water extraction right may be collected in the following cases:

a) The date the facility actually commences its operation is earlier than the date the levy on grant of the water extraction right is approved. The amount of additional levy to be collected shall be calculated based on the number of days during which the facility extracts water before the date the levy on grant of the right is approved;

b) Water is extracted for additional purposes, which must be charged, but the modification of the license is not yet approved by a competent State authority;

c) The actual extraction rate, volume of extracted water, and extraction days are higher than those stated in the granted license;

d) Falsifying or providing false information in the Declaration for calculating the levy on grant of the water extraction right resulting in decrease in payable amount of levy.

4. The collection of additional levy on grant of the water extraction right must be based on the price of grant of the water extraction right under the decision approving the price of grant of the water extraction right.

In cases where water is extracted for additional purposes but the levy on grant of the water extraction right has not been approved, the price of grant of the water resource extraction right at the time the decision on additional collection is issued shall prevail.

5. In cases where the competent State authority approves the decision to adjust the levy on grant of the water extraction right as prescribed at Point k, Clause 1 of this Article, and the amount stated in the adjustment decision is less than the amount the license holder has paid, the local Tax Department shall deduct, offset, or refund the difference to the license holder in accordance with law regulations on taxation.

 

6. In case of collection of additional levy on grant of the water extraction right, when the competent State authority that approves the levy on grant of the water extraction right detects the cases prescribed in Clause 3 of this Article or receives a written request from the license holder (which clearly states the reason and time of collection) on the retrospective collection of the levy on grant of the water extraction right in the cases prescribed in Clause 3 of this Article, the competent State authority shall consider deciding to collect such additional levy within 21 days from the date of detecting the receivable additional levy and receiving all dossier and supporting documents serving as a basis to calculate the such receivable additional levy.

Article 53. Notification and payment of levies on grant of the water extraction right

1. The levies for grant of the water extraction right shall be notified and paid after facilities are put into operation and competent State authorities issue decisions to approve such levies.

For projects that have levies on grant of the water extraction right approved before the effective date of this Decree but have not been operational, the examining authority shall send a written request to the local Tax Department to send a notice of levy payment upon receiving the decision to adjust the levy on grant of the water extraction right for such projects.

2. Upon receiving the decision to approve, adjust, or additionally collect the levy on grant of the water extraction right, the Tax Department in the locality where the water extraction facility is located shall send a payment notice for the levy on grant of the water extraction right to the respective organization or individual.

Article 54. Methods of collection, transfer, management and use of levies on grant of the water extraction right

1. The amount of levy on grant of the water extraction right, as prescribed in the decision approving the levy on grant of the water extraction right, shall be annually paid. The license holder shall choose to pay once a year, twice a year, or once for the whole approved period based on their ability. The lump-sum payment for the whole approved levy period shall be decided at the proposal of the license holder by the State authority competent to approve the levy on grant of the right and prescribed in the decision approving the levy on grant of the right.

2. The levies on grant of the water extraction right must be collected, paid and refunded in accordance with the law regulations on tax administration and this Decree.

3. The levy on grant of the water extraction right shall be collected and remitted to localities where water extraction facilities are located. For water extraction facilities that are reservoirs located in ​​2 provinces or more, the levy on grant of the water extraction right shall be divided to each province based on the ratio (%) of the natural water resource royalty payment.

4. The management and use of the levy on grant of the water extraction right shall be performed in accordance with the law regulations on State Budget. Annual State Budget allocations shall be considered and prioritized to ensure the protection of water resources, to set up landmarks on the water source protection corridor, to supervise water extraction and restoration of degraded, depleted, and polluted water sources; to prevent, mitigate and remedy water-related harms based on the total amount of levies on grant of the water extraction right collected; and to develop and manage a system of tools to support decision-making for the regulation and distribution of water resources and the inter-reservoir operation.

5. The levy on grant of the water extraction right is a type of cost to be included in the cost of production of the license holder.

Article 55. Responsibilities of tax authorities

1. The General Department of Taxation shall:

On an annual basis (before January 30), sum up and report the collection of levies on grant of the water extraction right nationwide to the Ministry of Finance and Ministry of Natural Resources and Environment for consolidation.

2. The Tax Department of the locality where the water extraction facility is located shall:

a) Issue notices of levy on grant of the water extraction right and penalty as prescribed by the law regulations on tax administration due to late payment after the due date prescribed in the notice (if any), and send them to the license holder;

b) Provide relevant information on the payment of levies on grant of the water extraction right to the Ministry of Natural Resources and Environment or the provincial-level People's Committee, depending on which is competent to grant licenses;

c) Sum up, record and report the amount of levies on grant of the water extraction right under the applicable mechanisms.

Article 56. Responsibilities of organizations and individuals paying levies on grant of the water extraction right

1. Pay levies on grant of the water extraction right within the time limit stated in the notices of the tax authorities.

2. If they need reduce or increase number of times of payment and the payable amounts of each time, they must have a written request to the local Tax Departments that have granted notices to them.

3. In cases where levies on grant of the water extraction right are paid into State Budget later the set deadline, in addition to the payable levies stated in the notices, they must also face penalties and fines for late payment as prescribed by the law regulations on tax administration.

 

Chapter V

RESPONSIBILITIES FOR IMPLEMENTATION AND EFFECT

 

Article 57. Responsibilities of ministries, ministerial-level authorities, local authorities, and relevant organizations and individuals

1. The Ministry of Natural Resources and Environment shall:

Direct its specialized authorities to:

a) Examine and manage dossiers of application for water extraction, groundwater exploration, groundwater drilling practice licenses, and dossiers for calculation of levies on grant of the water resource extraction right;

b) Inspect, audit, and urge the compliance with law regulations regarding the implementation of groundwater drilling practice licenses, water extraction licenses and groundwater exploration licenses, declaration and registration of water extraction and use, services related to water resources, and levies on grant of the water extraction right nationwide;

c) Update information and data from water exploration and extraction licenses, groundwater drilling practice licenses, levies on grant of the water extraction right in cases where the Ministry of Natural Resources and Environment is competence to grant license into the national information system and database on natural resources;

d) Before the water extraction licenses granted by the Ministry of Natural Resources and Environment expire, send notices of such expiration to the license holders;

dd) Develop, operate, and provide guidance on the application for the declaration and registration of water resource exploitation and use, ensuring the connection and integration with the national information system and database on natural resources as prescribed in the Decree detailing the implementation of a number of articles of the Law on Water Resources;

e) Reform administrative procedures to maximize the application of information technology and digital technology in online provision of public services, aiming to provide comprehensive information on administrative procedures on the Internet;

g) Guide local authorities, organizations, and individuals in implementing this Decree;

h) Perform other responsibilities in accordance with this Decree.

2. Ministries and ministerial-level authorities shall:

a) Coordinate with the Ministry of Natural Resources and Environment in State governance over groundwater drilling practice, water resource declaration, registration, licensing, and servicing, and levy on grant of the water extraction right;

b) Within the scope of their duties and competence, be responsible for urging and directing organizations and individuals to comply this Decree.

3. Provincial-level People’s Committees shall:

a) Direct specialized agencies to implement Points a, b, c, d, e, and g, Clause 1 of this Article within the respective provincial-level localities;

b) Direct specialized authorities to coordinate with district- and commune-level People's Committees to organize dissemination, communication, and guidance on the application for declaration and registration of water extraction and use within the localities to ensure effective implementation and raise awareness about water resource protection, cost-effective and efficient water extraction and use;

c) Direct specialized authorities and People's Committees at all levels to fulfill other responsibilities as prescribed by this Decree.

4. District-level People's Committees and commune-level People’s Committees shall:

a) Urge organizations and individuals in their respective localities to comply with this Decree;

b) Commune-level People's Committees of localities where the facilities are located shall review and receive information on the application for groundwater declaration procedures;

c) On an annual basis, commune-level People's Committees shall review and list organizations and individuals with groundwater extraction facilities, surface water and seawater extraction and use facilities, and those using surface water or digging lakes, ponds, rivers, streams, canals, and ditches that must be declared and registered in their respective localities;

d) Update local groundwater extraction registration data into the national information system and database on natural resources;

dd) Perform other responsibilities in accordance with this Decree.

5. Organizations and individuals extracting and using water shall:

a) Implement regulations on water extraction and use, as well as perform obligations related to water extraction and use prescribed in Articles 41 and 42 of the Law on Water Resources, and follow the plans on regulation and distribution of water resources by competent State authorities;

b) Report to the relevant authorities in case of incidents during operations;

c) In cases where an organization or individual managing and operating irrigation reservoirs and spillways, hydroelectric dams, or irrigation and hydroelectric canal systems request surface water extraction licenses, including for the purposes and with the volume of water extracted by other organizations or individuals from such irrigation reservoirs and spillways, hydroelectric dams, or irrigation and hydroelectric canal systems, he/she/it must have agreements, consensus, and authorization from such organizations or individuals for the application of such water extraction license.

Article 58. Transitional provisions

1. Organizations and individuals extracting and using water resources that are required to register in accordance with this Decree, and those that were granted licenses for surface water or seawater extraction before the effective date of this Decree, have the right to return the granted licenses in order to register in accordance with this Decree or continue operations until the expiration date stated in the licenses. If they wish to continue to extract and use water resources after their licenses expire, they shall make registration in accordance with this Decree.

2. Organizations and individuals extracting groundwater who are required to declare in accordance with this Decree, and those that have registered groundwater extraction before the effective date of this Decree, shall make their declarations in accordance with this Decree from July 1, 2026.

3. For facilities for impounding rivers, streams, canals and ditches for the purpose of preventing salinization, generating water sources, controlling inundation or creating landscapes, which have been constructed and operating before the effective date of this Decree and require registration and water extraction licenses in accordance with this Decree, such registration and licensing must be completed no later than June 30, 2027.

4. Organizations and individuals that are granted groundwater drilling practice licenses or water resource licenses before the effective date of this Decree may continue to carry out the licensed activities until the expiration date stated in their licenses and have their licenses renewed, modified or re-granted in accordance with this Decree.

5. Organizations and individuals granted water resource licenses before the effective date of this Decree may continue until the expiration of their licenses although the licensing competence is changed in accordance with this Decree.

 Before their licenses expire, they shall submit dossiers of application for new licenses to competent State authorities in charge of licensing in accordance with this Decree.

6. Organizations or individuals who submitted registration forms before the effective date of Law No. 28/2023/QH15 but their registration has not been confirmed, Law No. 17/2012/QH13 shall prevail, unless otherwise they request confirmation of registration in accordance with this Decree.

7. In cases where an organization or individual has submitted a dossier of application for grant, renewal, modification or re-grant of a groundwater drilling practice license or water resource license before the effective date of Law No. 28/2023/QH15 but has not had such license granted, renewed, modified or re-granted, the grant, renewal, modification or re-grant of such license must comply with Law No. 17/2012/QH13, unless the organization or individual applying for the license requests application of the license in accordance with this Decree.

8. For projects for which the process of inviting comments on water extraction from the community representatives and relevant organizations and individuals as prescribed in the Government’s Decree No. 02/2023/ND-CP dated February 01, 2023 detailing the implementation of a number of articles of the Law on Water Resources has completed before the effective date of this Decree, comments shall not be invited again in accordance with this Decree. Projects currently undergoing the process of inviting comments on water extraction from the community representatives and relevant organizations and individuals as prescribed in the Government’s Decree No. 02/2023/ND-CP, which starts before the effective date of this Decree, may continue such process in accordance with the Government’s Decree No. 02/2023/ND-CP.

9. Organizations and individuals that have levies on grant of the water extraction right approved before the effective date of this Decree shall continue to pay such approved levies unless their licenses were granted before July 1, 2024 for domestic use purposes. In cases where the renewal or modification of the license alters the levy on grant of the water extraction right, this Decree shall prevail.

10. For projects that have levies on grant of the water extraction right approved by the competent State authorities in accordance with the Government’s Decree No. 82/2017/ND-CP dated July 17, 2017, and The Government’s Decree No. 41/2021/ND-CP dated March 30, 2021 amending and supplementing a number of articles of the Government’s Decree No. 82/2017/ND-CP dated July 17, 2017, providing calculation methods and rates of the levy for grant of the water extraction right, but have not yet been put into operation, adjustments are only required after they are put into operation to accommodate changes in operational time and the prices prescribed in the previous decisions approving levies on grant of the water extraction right shall be applied.

11. In cases where organizations and individuals have submitted complete and valid the dossiers of calculation of the levies on grant of the water extraction right to competent State authorities before the effective date of this Decree, the examination and approval of the levies on grant of the right shall comply with the Government's Decree No. 82/2017/ND-CP and Decree No. 41/2021/ND-CP, unless otherwise such organizations and individuals request the levies on grant of the water extraction right to be approved in accordance with this Decree.

12. For seawater extraction facilities on islands, which have been constructed and operating before the effective date of this Decree and require registration and water extraction licenses in accordance with this Decree, such registration and licensing must be completed no later than June 30, 2027.

13. Organizations and individuals using naturally flowing groundwater in mining pits for ore sorting at such pits or suction pumps for dewatering in such pits who have made registration in accordance with Decree No. 02/2023/ND-CP shall not made registration in accordance with this Decree.

Article 59. Effect

1. This Decree takes effect on July 1, 2024.

2. From the effective date of this Decree, the following Decrees of the Government shall cease to be effective:

a) The Government’s Decree No. 02/2023/ND-CP dated February 01, 2023 detailing the implementation of a number of articles of the Law on Water Resources, unless otherwise prescribed in Clauses 6, 7, and 8, Article 58 of this Decree;

b) The Government’s Decree No. 82/2017/ND-CP dated July 17, 2017, providing calculation methods and rates of the levy for grant of the water extraction right, unless otherwise prescribed in Clause 11, Article 58 of this Decree;

c) The Government’s Decree No. 41/2021/ND-CP dated March 30, 2021 amending and supplementing a number of articles of the Government’s Decree No. 82/2017/ND-CP dated July 17, 2017, providing calculation methods and rates of the levy for grant of the water extraction right, unless otherwise prescribed in Clause 11, Article 58 of this Decree;

d) The Government’s Decree No. 54/2015/ND-CP dated June 08, 2015 providing incentives for water conservation activities.

3. The following chapters, articles, and clauses of the Government’s Decrees shall be repealed from the effective date of this Decree:

a) Chapter II, Conditions for investment and business in the field of water resources, of the Government’s Decree No. 60/2016/ND-CP dated July 1, 2016, specifying a number of conditions for investment and business in the field of natural resources and environment;

b) Clauses 1, 2, 3, 4, 5, 6, 7 and 8, Article 7 of the Government’s Decree No. 136/2018/ND-CP dated October 05, 2018 on amending certain Decrees providing for regulatory requirements for trade and investment in the environment and natural resource sector;

b) Clauses 1 and 2, Article 2 (regarding water resources) of the Government’s Decree No. 22/2023/ND-CP dated May 12, 2023 amending and supplementing a number of articles of the Decrees concerning business activities in the field of natural resources and environment.

4. Ministers, heads of ministerial-level authorities, heads of Government-attached authorities, chairpersons of People’s Committees of provinces and municipalities, and relevant organizations and individuals shall implement this Decree.

 

 

ON BEHALF OF THE GOVERNMENT
FOR THE
PRIME MINISTER
DEPUTY PRIME MINISTER



Tran Hong Ha

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