Which agency receives the application for a water resource license in Vietnam? What is the procedure for granting licenses for exploration, exploitation and use of water resources?

Main Content

• Which agency receives the application for a water resource license in Vietnam?
• Which agency has the authority to issue a water resource license in Vietnam?
• What are the procedures for issuance of licenses for exploration, exploitation and use of water resources in Vietnam?

Which agency receives the application for a water resource license in Vietnam?

Pursuant to Article 29 of Decree 02/2023/ND-CP, the agency receiving the application for a water resource license in Vietnam is:

- The Office of Receiving and Returning results of administrative procedures of the Ministry of Natural Resources and Environment is responsible for receiving and returning results of administrative procedures under the licensing authority of the Ministry of Natural Resources and Environment;

The Water Resources Management Department under the Ministry of Natural Resources and Environment is responsible for, appraising and managing dossiers and licenses under the licensing authority of the Ministry of Natural Resources and Environment.

- The Department of Natural Resources and Environment is responsible for receiving, appraising and managing dossiers and licenses falling under the licensing competence of the provincial People's Committee and the Department of Natural Resources and Environment; In case the locality has organized a Single-window section or a Public Administration Service Center, the application shall be received and results returned through the single-window section or the Public Administration Service Center according to the decision of the People’s Committee of the province.

Which agency receives the application for a water resource license in Vietnam? What is the procedure for granting licenses for exploration, exploitation and use of water resources? (Image from the Internet)

Which agency has the authority to issue a water resource license in Vietnam?

Pursuant to Article 28 of Decree 02/2023/ND-CP stipulating the authority to issue water resource licenses as follows:

Competence to issue, renew, adjust, suspend, revoke and re-issue water resource licenses

1. The Ministry of Natural Resources and Environment shall grant, extend, adjust, suspend, revoke and re-issue licenses in the following cases:

a) Exploiting and using water resources for important national projects under the approving competence of the Prime Minister;

b) Underground water exploration for works with a flow of 3,000 m3/day and night or more;

c) Extraction of underground water for works with a flow of 3,000 m3/day and night or more;

d) Reservoirs, dams for irrigation exploitation and use of surface water for agricultural production and aquaculture with a flow of 2 m3/s or more and with a total capacity of 03 million m3 or more; works for exploiting and using other water for agricultural and aquaculture production with an extraction flow of 5 m3/s or more;

dd) Reservoirs, irrigation dams other than those specified at Point d of this Clause with total capacity of 20 million m3 or more;

e) Exploiting and using surface water to generate electricity with an installed capacity of 2,000 kw or more;

g) Exploiting and using surface water for other purposes with a volume of 50,000 m3/day and night or more;

h) Exploiting and using sea water for production purposes including aquaculture, business and services on land with a volume of 1,000,000 m3/day or more.

2. Provincial-level People's Committees shall grant, extend, adjust, suspend, revoke and re-issue licenses for the cases not specified at Points a, c, d, dd, e and g, Clause 1 of this Article.

3. Provincial-level Departments of Natural Resources and Environment shall grant, extend, adjust, suspend, revoke and re-issue licenses for the cases not specified at Points b and h, Clause 1 of this Article.

Thus, the agency competent to issue water resource licenses is the Ministry of Natural Resources and Environment; Provincial People's Committee and Provincial Department of Natural Resources and Environment.

What are the procedures for issuance of licenses for exploration, exploitation and use of water resources in Vietnam?

Pursuant to Article 35 of Decree 02/2023/ND-CP stipulating the procedures for issuance of licenses for exploration, exploitation and use of water resources in Vietnam are carried out as follows:

Step 1: Receive and check the dossier:

- Organizations and individuals applying for a license shall submit 1 set of dossiers in person or by post or electronically through the online public service portal system and pay the application fee according to regulations;

- Within 03 working days from the date of receipt of the application, the application-receiving agency shall consider and examine the application. In case the application is invalid, the application-receiving agency shall notify the organization or individual applying for a license to supplement and complete the application as prescribed.

- In case the dossier, after being supplemented, still does not meet the requirements as prescribed, the application-receiving agency shall return the dossier and clearly notify the reason to the organization or individual applying for the license.

Step 2: Appraise the project, report on exploration, exploitation and use of water resources in the application file for license (hereinafter referred to as scheme and report):

- Within 30 working days from the date of receipt of a complete and valid dossier as prescribed in Clause 1 of this Article, the application-receiving agency shall appraise the project and report;

If necessary, inspect the actual site, set up a council to appraise the project and report. If all conditions are met, the application-receiving agency shall submit it to the licensing authority; in case of ineligibility for licensing, the dossier shall be returned to the organization or individual applying for a license and notify the reason for not granting the license;

- In case it is necessary to supplement or amend to complete the project or report, the application-receiving agency shall send a written notice to the applicant organization or individual clearly stating the contents to be supplemented to complete the project and report. Time for supplementing and completing projects and reports is not included in the time of project appraisal and reporting. The appraisal time after the project and report is fully supplemented is 18 working days;

- In case of having to re-make a project or report, the application-receiving agency shall send a written notice to the organization or individual applying for a license, clearly stating the unsatisfactory contents of the project or report, what must be redone and returned the license application dossier.

Step 3: Return the results of the licensing application

Within 03 working days from the date of receipt of the license from the competent authority, the application-receiving agency shall notify the applicant for the license to receive the license.

Decree 02/2023/ND-CP takes effect from March 20, 2023.