What are the cases where a water resource exploitation permit is modified in Vietnam from July 1, 2024, under Decree 54/2024/ND-CP?
What are the cases where a water resource exploitation permit is modified in Vietnam from July 1, 2024, under Decree 54/2024/ND-CP?
Based on Clause 2, Article 10 of Decree 54/2024/ND-CP, the cases where a water resource exploitation permit is modified in Vietnam are as follows:
(1) The water source does not ensure normal water supply;
(2) The demand to exploit water increases without measures to handle or supplement the water source;
(3) Adjusting the installed capacity or exploitation flow of hydropower projects but not exceeding 25% as specified in the issued permit;
(4) Adjusting the exploitation flow of works other than the point c of this clause but not exceeding 25% as prescribed in the issued permit;
(5) There is a change in the purpose of water exploitation as regulated by the previously issued permit;
(6) There is a change in the policies of exploiting the project;
(7) Adding more wells but the exploitation flow of the project does not exceed 25% as prescribed in the issued permit.
The permit holder must have a design and construction plan for the well, predict the impact of water extraction on the source and other water exploiting and using subjects, and get the written approval from the appraisal authority stipulated in Clause 2, Article 16 of Decree 54/2024/ND-CP before construction.
Within 30 days of completing the well construction, the project owner must submit an application for permit adjustment as regulated;
(8) In case of drilling a new well similarly to replace an old or degraded or relocated well with unchanged exploitation parameters, it is not required to perform permit adjustment procedures but must get the written approval of the appraisal authority stipulated in Clause 2, Article 16 of Decree 54/2024/ND-CP on the well replacement plan and a confirmation in writing upon completion. The confirmation document is an integral part of the issued groundwater exploitation permit.
The number of replacement wells must not exceed 50% of the total number of wells as per the issued permit. The distance of the replacement well must not exceed 1.5 times the thickness of the exploited aquifer at that well, otherwise, permit adjustment procedures must be performed;
(9) The permit holder requests an adjustment of other permit contents other than those stipulated in Clause 3, Article 10 of Decree 54/2024/ND-CP.
What are the cases where a water resource exploitation permit is modified in Vietnam from July 1, 2024, under Decree 54/2024/ND-CP? (Internet image)
What are the main contents of a water resource exploitation permit under the law in Vietnam?
Based on Clause 2, Article 6 of Decree 54/2024/ND-CP, the main contents of a water resource exploitation permit in Vietnam include:
- Name, address of the organization or individual granted the permit;
- Name, location of the water exploitation project;
- Purpose of water exploitation;
- Source of water exploited;
- Scale, capacity, exploitation flow;
- Regime, method of water exploitation (number of hours, days exploited within the year according to each scale, capacity, exploitation flow requested for permit issuance);
- Permit term;
- Specific requirements and conditions for each case of water resource exploitation as stipulated by the permitting authority to ensure water resource distribution, water source protection, and the lawful rights and benefits of other relevant organizations and individuals, including the maximum amount of water allowed to be exploited under normal conditions as per the water resource exploitation permit. In case of drought, water shortages, compliance with the exploitation water quota reduction under the water resource exploitation, distribution plan issued by the competent state authority;
- Rights and obligations of the permit holder.
From July 2024, which content of a water resource exploitation permit cannot be modified under the law in Vietnam?
According to the regulations in Clause 3, Article 10 of Decree 54/2024/ND-CP regarding some contents in the permit that cannot be adjusted:
Permit Adjustment
3. The contents in the permit that cannot be adjusted:
a) Adjusting the installed capacity or exploitation flow of hydropower projects exceeding 25% as specified in the issued permit;
b) Adjusting the exploitation flow of works other than the point a of this clause exceeding 25% as prescribed in the issued permit;
c) Changing or supplementing the water source for surface water exploitation;
d) If it is necessary to adjust, change the content prescribed in this clause, the permit holder must submit an application for a new permit issuance.
From July 2024, certain contents in the permit will not be allowed to be adjusted, including: adjusting the machine capacity or exploitation flow of hydropower exceeding 25%, adjusting the exploitation flow of projects other than the aforesaid project exceeding 25%, changing or supplementing the source of surface water exploitation.
Note: In case of need to adjust or change the contents specified in Clause 3, Article 10 of Decree 54/2024/ND-CP, the permit holder must submit an application for a new permit issuance.
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