Cases Requiring Water Resource Exploitation Permits from July 01, 2024, According to Decree No. 54/2024/ND-CP
Cases requiring a water resource exploitation permit from July 1, 2024, according to Decree 54/2024/ND-CP
On May 16, 2024, the Government of Vietnam issued Decree 54/2024/ND-CP regulating the practice of groundwater drilling, declaration, registration, permitting, water resource services, and charges for water resource exploitation rights.
Article 8 of Decree 54/2024/ND-CP stipulates the cases requiring declaration, permitting, and registration for water resource exploitation and usage, including:
Cases requiring declaration, permitting, and registration for water resource exploitation and usage
1. The exploitation of groundwater by households, as stipulated in Clause 4, Article 52 of the Water Resource Law must be declared. The declaration aims to provide information to state authorities to issue recommendations to households regarding groundwater quality, areas at risk of groundwater level depletion or subsidence, areas near saltwater intrusion, and to serve water resource management and protection purposes.
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3. Cases requiring a water resource exploitation permit include:
a) Water resource exploitation not falling under the cases stipulated in Article 7 of this Decree and Clauses 1 and 2 of this Article;
b) When exploiting surface water directly from reservoirs, irrigation dams, hydroelectric dams, irrigation channels, or hydroelectric channels in the cases specified in point a of this clause, a permit must be obtained following the provisions of this Decree.
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According to the above provisions, cases requiring a water resource exploitation permit from July 1, 2024, include the following:
- Water resource exploitation not falling under the cases stipulated in Article 7 of this Decree and Clauses 1 and 2, Article 8 of Decree 54/2024/ND-CP.
- Cases specified in point a above when exploiting surface water directly from reservoirs, irrigation dams, hydroelectric dams, irrigation channels, or hydroelectric channels must obtain a permit following the provisions of Decree 54/2024/ND-CP.
Cases requiring a water resource exploitation permit from July 1, 2024, according to Decree 54/2024/ND-CP
Conditions for extending a water resource exploitation permit from July 1, 2024
Article 9 of Decree 54/2024/ND-CP stipulates the conditions for extending a water resource exploitation permit from July 1, 2024:
Permit extension
1. The extension of groundwater exploration permits and water resource exploitation permits must comply with the provisions of Articles 55, 56, and 57 of the Water Resource Law and the following conditions:
a) The permit is still valid and the renewal application must be submitted at least 45 days before the permit's expiration;
b) By the time of submitting the renewal application, the permit holder must have fulfilled all obligations related to the issued permit according to law and have no disputes;
c) At the time of submitting the renewal application, the water resource exploitation plan of the organization or individual must conform to water resource planning, provincial planning, prohibited zones, restricted groundwater exploitation zones, and the capacity of the water source.
2. If the water resource exploitation permit expires or the renewal application is not submitted in time as specified in point a, clause 1 of this Article, the water resource exploiter must apply for a new permit.
If the new permit application is submitted before the expiration of the previously issued permit, the validity period stated in the new permit is consecutive with the expiration date of the previously issued permit.
- The extension of groundwater exploration permits and water resource exploitation permits must comply with the provisions of Articles 55, 56, and 57 of the Water Resource Law and the following conditions:
+ The permit must still be valid and the renewal application must be submitted at least 45 days before the permit's expiration;
+ By the time of submitting the renewal application, the permit holder must have fulfilled all obligations related to the issued permit according to the law and have no disputes;
+ At the time of submitting the renewal application, the water resource exploitation plan of the organization or individual must conform to water resource planning, provincial planning, prohibited zones, restricted groundwater exploitation zones, and the capacity of the water source.
When does Decree 54/2024/ND-CP take effect?
Article 59 of Decree 54/2024/ND-CP stipulates the effective date as follows:
Effective date
1. This Decree takes effect on July 1, 2024.
2. From the effective date of this Decree, the following decrees of the Government of Vietnam cease to be effective:
a) Decree No. 02/2023/ND-CP dated February 1, 2023, of the Government of Vietnam detailing the implementation of certain articles of the Water Resource Law, except as provided in Clauses 6, 7, and 8 of Article 58 of this Decree;
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Thus, Decree 54/2024/ND-CP takes effect on July 1, 2024.
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