From July 1, 2024: What are the rights of organizations and individuals exploiting and using water resources in Vietnam under the Law on Water Resources 2023?
- From July 1, 2024: What are the rights of organizations and individuals exploiting and using water resources in Vietnam under the Law on Water Resources 2023?
- What are the State policies on water resources in Vietnam?
- What are the regulations on the exploitation of water resources for domestic activities in Vietnam under the Law on Water Resources 2023?
From July 1, 2024: What are the rights of organizations and individuals exploiting and using water resources in Vietnam under the Law on Water Resources 2023?
Pursuant to the provisions of Clause 1, Article 42 of the Law on Water Resources 2023, organizations and individuals exploiting and using water resources have the following rights:
- Exploit and use water resources for domestic activities, agricultural production, aquaculture, industrial production, waterway traffic, hydropower, irrigation, sports, tourism, business, services and other purposes as per regulations of this Law and other relevant regulations of law;
- Enjoy the benefits from the exploitation and use of water resources;
- Have their legitimate rights and interests protected during the exploitation and use of water resources;
- Convey water through adjacent real estate under the management and ownership of other organizations and individuals under regulations of law;
- Lodge complaints about and initiate lawsuits against acts of infringing upon their right to exploit and use water resources and other legitimate interests in accordance with relevant regulations of law;
- Request authorities licensing the exploitation of water resources to suspend the water resource exploitation permit;
- In case it is necessary to reduce the amount of water exploited or suspend the water resource exploitation permit at the competent authority's request, receive a reduction in the fee for water resource exploitation right corresponding to the water reduction or suspension period;
- Other rights prescribed by law.
From July 1, 2024: What are the rights of organizations and individuals exploiting and using water resources in Vietnam under the Law on Water Resources 2023?
What are the State policies on water resources in Vietnam?
Pursuant to the provisions of Article 4 of the Law on Water Resources 2023, it is clearly stated as follows:
State policies on water resources
1. Modernize and professionalize the management of water resources in the direction of managing national water resources on the digital platform through the national water resources information system and database, and system of decision support tools, ensuring the efficient use of resources for water resources management.
2. Prioritize the investment in the prospecting, exploration and exploitation of water sources, water retention and restoration of deteriorated, depleted or polluted water sources; offer incentives for water exploitation projects aiming to supply domestic and production water to inhabitants in areas facing fresh water scarcity, ethnic minority areas, mountainous areas, border areas, on islands, disadvantaged areas, extremely disadvantaged areas; enable the poor, women, children, persons with disabilities and other vulnerable persons to have access to domestic water.
3. Prioritize the investment in creation of water resources monitoring and surveillance network, national water resources information system and database, and enhancement of the capacity for forecasting water resources, floods, inundations, droughts, saltwater intrusion, sea level rise and other damage caused by water.
4. Encourage, incentivize, and assist organizations and individuals to participate in conducting baseline survey of water resources; protect and develop water sources and water generation sources; store water and restore deteriorated, depleted, and polluted water sources; regulate and distribute water resources; prevent, respond to and recover damage caused by water.
5. Encourage organizations and individuals to develop and apply standards, research, transfer and apply advanced science and technology to manage, protect, restore and develop water resources; exploit and use water in an economical and effective manner, use water in a circular manner, reuse water; convert seawater into fresh water; collect and use rainwater, artificially recharge groundwater; restore deteriorated, depleted and polluted water sources; prevent, respond to and recover damage caused by water.
6. Expand and strengthen international integration and cooperation in water resources.
Accordingly, the State has policies according to the above regulations on water resources.
What are the regulations on the exploitation of water resources for domestic activities in Vietnam under the Law on Water Resources 2023?
Pursuant to the provisions of Article 43 of the Law on Water Resources 2023, instructions on exploitation of water resources for domestic activities are as follows:
- Organizations and individuals exploiting water resources for production and supply of clean water for domestic activities shall:
+ Apply standards and technical regulations, and operate water supply systems, have plans for backup water supply, prevention of and response to water source pollution incents, water scarcity and other incidents according to regulations of law on water supply, ensuring the stable, safe and continuous supply of water and minimization of water loss and waste;
+ Only convey water to domestic water safeguard zones, control and supervise activities within domestic water safeguard zones;
+ Carry out monitoring of water resources, supervision of water resource exploitation and automatic, continuous and periodic monitoring and surveillance of the quality of exploited water sources according to Article 51 of this Law, connect and transmit data to the national water resources information system and database.
- Centralized and decentralized water supply models shall be combined upon investment in construction, management and operation of domestic water supply facilities. The investment in construction, management and operation of centralized domestic water supply facilities must not militate against the water exploitation by organizations and individuals issued with the license to exploit water resources within the water supply service water.
- The Ministry of Construction, Ministry of Agriculture and Rural Development and Ministry of Health shall, within their jurisdiction, bear the following responsibility:
+ Revise details about water supply in the planning related to supply of domestic water to urban and rural areas in conformity with water resource-related planning;
+ Promulgate and implement standards and technical regulations to ensure safety, economical and efficient use of water, and minimize water loss; promulgate national technical regulations on clean water quality used for domestic purposes; propose mechanisms and policies to support sustainable development and household safe water supply in rural areas;
+ Direct the formulation of plans for backup water supply, prevention and response to water source pollution incents, water scarcity and other incidents.
- Provincial People's Committees shall organize the implementation of emergency measures to maintain the supply of domestic water in the case of a drought, water scarcity or serious water pollution incident causing water scarcity.
The Law on Water Resources 2023 comes into force from July 1, 2024 from Clauses 3 and 4, Article 85 of the Law on Water Resources 2023
LawNet