Vietnam: What are the conditions for issuing water resource exploitation permits and groundwater exploration permits in 2024?
- What are the conditions for issuing water resource exploitation permits and groundwater exploration permits in Vietnam in 2024?
- What are the requirements for licence issuance in Vietnam?
- Vietnam: From July 1, 2024, how many types of water resource exploitation permits are there under the Water Resources Law 2023?
What are the conditions for issuing water resource exploitation permits and groundwater exploration permits in Vietnam in 2024?
Pursuant to the provisions of Article 57 of the Law on Water Resources 2023, the conditions for issuing water resource exploitation permits and groundwater exploration permits are as follows:
(1) An organization or individual will be issued with a water resource exploitation permit if the following conditions are met:
- The obtainment of opinions is completed as prescribed in clause 8 Article 52 of the Law on Water Resources 2023;
- The exploitation of water resources complies with the regulations set out in point a clause 1 Article 56 of this Law; the exploitation of groundwater complies with regulations on areas prohibited and restricted from groundwater exploitation as prescribed in Article 31 of the Law on Water Resources 2023;
- Requirements for protection, exploitation and use of water resources, prevention of, response to and recovery from damage caused by water prescribed in the Law on Water Resources 2023 are satisfied;
- Information and data used to set up projects and make reports are adequate and accurate.
(2) An organization or individual will be issued with a groundwater exploration permit if the following conditions are met:
- There is a plan to construct items for exploration of water resources which satisfies groundwater protection requirements and complies with regulations on areas prohibited and restricted from groundwater exploitation as prescribed in Article 31 of this Law;
- Information and data used to set up projects are adequate and accurate.
(3) In addition to satisfying the regulations set forth in clause 1 of this Article, point b clause 3 Article 50 of the Law on Water Resources 2023, a surface water exploiting organization building a dam or reservoir on a river or stream shall satisfy the following conditions:
- A plan to provide equipment and human resources is available to carry out hydrometeorological monitoring, forecast reservoir inflows, operate the reservoir, monitor water resources and supervise water resource exploitation;
- There have been reservoir operation procedures established under regulations of law on management of safety of dams and reservoirs in the case where a work is available.
What are the conditions for issuing water resource exploitation permits and groundwater exploration permits in Vietnam in 2024?
What are the requirements for licence issuance in Vietnam?
Pursuant to the provisions of Article 20 of Decree 02/2023/ND-CP, organizations and individuals granted water resources licences must satisfy the following requirement:
- Have completed the notification and community survey of representatives of the residential community and relevant organizations and individuals as prescribed in Decree 02/2023/ND-CP.
- Have schemes and reports applicable to the approved relevant water resources planning, provincial planning, regulations on restricted groundwater exploitation areas and specialized planning or suitable for water source capacity in case such planning and regulations are not issued. The schemes and reports must be made by qualified organizations and individuals as prescribed; information and data used for making schemes and reports must be sufficient, obvious, accurate and reliable.
Work design plans or works for water resources exploitation must be suitable for exploitation scales and subjects and satisfy requirements for protection of water resources and environment.
- Works for surface water exploitation and use with lakes and dams constructed on rivers or streams must meet the requirements prescribed in Point b Clause 2 Article 53 of the Law on Water Resources 2023, requirements prescribed in Points a and b of Clause 1, Article 20 of Decree 02/2023/ND-CP, and the following requirements:
+ Have plans for arranging equipment and human resources to operate reservoirs, monitor and supervise the exploitation and use of water; plans for meteorological and hydrological monitoring, provision of forecasts about the amount of water inflow serving the reservoir operation according to regulations for cases where works are not constructed;
+ Have the reservoir operation process; have equipment, human resources or contracts to hire qualified organizations and individuals to perform reservoir operation, monitoring and supervision of the exploitation and use of water; meteorological and hydrological monitoring and provision of forecasts about the amount of water inflow serving the reservoir operation according to regulations for cases where works have been constructed.
If an entity explores, exploits or use water without any water resources licence, a competent authority shall consider deciding issuance of water exploitation and use licence when the following requirements for licence issuance are met as prescribed in Clause 1, Article 20 of Decree 02/2023/ND-CP.
The handling of violations caused by water exploration, exploitation and use without a water resource licence shall comply with regulations of laws on administrative penalties for violations against regulations on water resources.
Vietnam: From July 1, 2024, how many types of water resource exploitation permits are there under the Water Resources Law 2023?
Pursuant to the provisions of Clause 2, Article 52 of the Law on Water Resources 2023, water resource exploitation permits consist of:
(1) Surface water exploitation permit;
(2) Groundwater exploitation permit;
(3) Seawater exploitation permit.
The Law on Water Resources 2023 comes into force from July 1, 2024 except for Clauses 3 and 4, Article 85 of the Law on Water Resources 2023
LawNet
