Vietnam: What are the cases of water resources exploitation and use for which registration and licensing are not required?
What are the cases of water resources exploitation and use for which registration and licensing are not required?
Pursuant to Article 16 of Decree No. 02/2023/ND-CP, the cases of water resources exploitation and use for which registration and licensing are not required include:
- Cases of water resources exploitation and use prescribed in Points a, c, d and dd Clause 1 Article 44 of the 2012 Law on Water Resources in Vietnam and not included in Clause 2 Article 44 of the 2012 Law on Water Resources in Vietnam.
- Works for water resources exploitation and use with a small scale for production and trading prescribed in Point b Clause 1 Article 44 of the 2012 Law on Water Resources in Vietnam, including:
+ Groundwater exploitation for production and trading with a scale not exceeding 10 m3/day and night not prescribed in Clause 2 Article 44 of the 2012 Law on Water Resources in Vietnam;
+ Surface water exploitation for non-agricultural trading and production with a scale not exceeding 100 m3/day and night;
+ Irrigation reservoirs and dams with total capacity of less than 0,01 million m3 or other works for surface water exploitation for agricultural production and aquaculture with a flow rate not exceeding 0,1 m3/second;
If an irrigation reservoir or dam with total capacity of less than 0,01 million m3 has a flow rate serving agricultural production and aquaculture exceeding 0,1 m3/second or those with other exploitation and use purposes has a flow rate exceeding the values prescribed in Point b and dd of this Clause, registration or licensing shall be mandatory according to the regulations in Article 17 of Decree No. 02/2023/ND-CP.
+ Surface water exploitation and use for power generation with an installed capacity not exceeding 50 kW;
+ Sea water exploitation and use for onshore operation with a flow rate not exceeding 10.000 m3/night; sea water exploitation and use for operations at sea.
Vietnam: What are the cases of water resources exploitation and use for which registration and licensing are not required? (Image from the internet)
What are the works for water resources exploitation and use for which registration and licensing are required?
Pursuant to Article 17 of Decree No. 02/2023/ND-CP stipulating works for water resources exploitation and use for which registration and licensing are required, including:
- Irrigation reservoirs and dams with total capacity of from 0,01 million m3 to 0,2 million m3 or other works for surface water exploitation and use for the purpose of agricultural production and aquaculture (excluding other purposes with a scale subject to licensing) with a flow rate of from greater than 0,1 m3/second to 0,5 m3/second;
If an irrigation reservoir or dam with total capacity of from 0,01 million m3 to 0,2 million m3 with purposes and a scale subject to licensing, the licensing must be made according to the regulations of Decree No. 02/2023/ND-CP.
- Works for sea water exploitation and use for onshore production and trading including aquaculture and trading thereof with a scale of from more than 10.000 m3/day and night to 100.000 m3/day and night;
- Works for groundwater exploitation and use prescribed in Point a Clause 2 Article 16 of Decree No. 02/2023/ND-CP and those prescribed in Point a Point d Clause 1 Article 44 of the 2012 Law on Water Resources in Vietnam, specified in the list of areas restricted groundwater exploitation published by the Provincial People’s Committees;
- Works for use of self-supply groundwater in mining pits for sifting ores without lowering the groundwater level or pumping water to drain the self-supply water in the mining pits.
Works for water resources exploitation and use for which licensing is required, including:
- Works for water resources exploitation and use apart from works prescribed in Article 16 and Clause 1 Article 17 of Decree No. 02/2023/ND-CP;
- Works prescribed in Point a of this Clause that directly exploit and use surface water from irrigation and hydroelectricity reservoirs and dams, systems of irrigation and hydroelectricity canals for non-agricultural trading and production (including exploitation of water for cooling of machines and equipment, steam generation and heating) that organizations and individuals managing and operating such hydroelectricity and irrigation reservoirs and dams and systems of irrigation and hydroelectricity canals have not been licensed to exploit and use surface water for the above purposes.
What are the contents of water resources licences in Vietnam?
The water resource permit as prescribed in Article 15 of Decree No. 02/2023/ND-CP provides as follows:
Water resources licences in Vietnam
1. Water resources licences include: groundwater exploration licence; licence for surface water exploitation and use; licence for groundwater exploitation and use; licence for sea water exploitation and use.
2. Each water resources licence has the following contents:
a) Name and address of organization/individual granted the licence;
b) Name and address of the work for water exploration and exploitation;
c) The explored and exploited water source;
d) Scale, capacity, flow rates, key parameters of the work for water exploration and exploitation; the use purpose for the license for water exploitation and use;
dd) Regimes and methods for water exploitation and use;
e) The licence validity period;
g) Specific requirements for each case of water resources exploration, exploitation and use prescribed by the licence issuer in order to protect water sources, ensure legal rights and interests of other relevant organizations and individuals;
h) Rights and obligation of the licence-holder.
Thus, each water resources licence has the following contents:
- Name and address of organization/individual granted the licence;
- Name and address of the work for water exploration and exploitation;
- The explored and exploited water source;
- Scale, capacity, flow rates, key parameters of the work for water exploration and exploitation; the use purpose for the license for water exploitation and use;
- Regimes and methods for water exploitation and use;
- The licence validity period;
- Specific requirements for each case of water resources exploration, exploitation and use prescribed by the licence issuer in order to protect water sources, ensure legal rights and interests of other relevant organizations and individuals;
- Rights and obligations of the licence-holder.
Decree No. 02/2023/ND-CP takes effect from March 20, 2023.
Nguyễn Thị Hồng Nhung
