The administrative procedures for issuance of groundwater exploration permits with flow of 3,000m3/day to be simplified in Vietnam in the near future?

Hello LawNet. My question is about water resources: Will the administrative procedures in water resources be simplified in Vietnam in the near future? I’m looking forward to receiving the answer from LawNet. Thank you!

What are the administrative procedures that need to be reduced in the field of water resources in Vietnam?

According to the provisions of Section III of the Plan promulgated together with Decision 721/QD-TTg in 2022 approving the plan to reduce and simplify regulations related to business activities within the scope of State management functions of the Government. The Ministry of Natural Resources and Environment, promulgated by the Prime Minister, stipulates the administrative procedures that need to be reduced in the field of water resources, specifically as follows:

Central level administrative procedures

- Administrative procedures 1: Issuance of groundwater exploration permits for works with a flow of 3,000m3/day and night or more (administrative procedure code: 1,000657)

- Administrative procedures 2: Extension and adjustment of contents of groundwater exploration permits for works with a flow of 3,000m3/day or more (administrative procedure code: 1,000606)

- Administrative procedures 3: Issuance of permits for exploitation and use of groundwater for works with a flow of 3,000m3/day or more (administrative procedure code: 1,000070)

- Administrative procedures 4: Extension and adjustment of permits for exploitation and use of groundwater for works with a flow of 3,000m3/day or more (administrative procedure code: 1,000060)

- Administrative procedures 5: Issuance of permits to exploit and use surface water for agricultural production and aquaculture with a volume of 2m3/paper or more; electric generation with an installed capacity of 2,000kw or more; for other purposes with a traffic volume of 50,000m3/day or more; issuance of permits to exploit and use sea water for production, business and service purposes with a volume of 100,000 m3/day and night or more (administrative code: 2,000021)

- Administrative procedures 6: Extension and adjustment of permits to exploit and use surface water for agricultural and aquaculture production with a volume of 2m3/paper or more; generating electricity with an installed capacity of 2,000kw or more; for other purposes with a traffic volume of 50,000m3/day or more; Extension and adjustment of permits to exploit and use sea water for production, business and service purposes with a volume of 100,000m3/day or more (administrative code: 2,000018)

- Administrative procedure 7: Issuance of permits to practice large-scale groundwater drilling (administrative procedure code: 1.004285)

- Administrative procedures 8: Extension and adjustment of the content of the permit to practice large-scale groundwater drilling (administrative procedure code: 1.004938)

- Administrative procedure 9: Re-issuance of water resource permit (administrative procedure code: 1.004094)

- Administrative procedure 10: Re-issuance of permit to practice large-scale groundwater drilling (administrative procedure code: 1.004302)

Provincial administrative procedures

- Administrative procedures 1: Issuance of groundwater exploration permits for works with a flow rate of less than 3,000m3/day (administrative procedure code: 1.004232)

- Administrative procedures 2: Extension and adjustment of groundwater exploration permits for works with a flow rate of less than 3,000m3/day (administrative procedure code: 1.004228)

- Administrative procedures 3: Issuance of permits to exploit and use of groundwater for works with a flow of less than 3,000m3/day (administrative procedure code: 1.004223)

- Administrative procedures 4: Extension and adjustment of contents of permits for exploitation and use of groundwater for works with a flow of less than 3,000m3/day (administrative procedure code: 1.004211)

- Administrative procedures 5: Issuance of permits to exploit and use surface water for agricultural production and aquaculture with a flow rate of less than 2m3/paper; issuance of electricity with an installed capacity of less than 2,000kw; for other purposes with a flow rate of less than 50,000m3/day; issuance of permits to exploit and use sea water for production, business and service purposes with a volume of less than 100,000 m3/day (administrative procedure code: 1.004179)

- Administrative procedures 6: Extension and adjustment of contents of permits to exploit and use surface water for agricultural production and aquaculture with a flow rate of less than 2m3/paper; electric generation with an installed capacity of less than 2,000kw; for other purposes with a flow rate of less than 50,000m3/day; Extension and adjustment of contents of permits for exploitation and use of sea water for production, business and service purposes with a volume of less than 100,000 m3/day (administrative code: 1.004167)

- Administrative procedure 7: Issuance of permits to practice small and medium-sized groundwater drilling (administrative code: 1.004122)

- Administrative procedures 8: Extension and modification of the permit for small and medium-sized groundwater drilling practice (administrative procedure code: 2.001738)

- Administrative procedure 9: Re-issuance of water resource permit (administrative procedure code: 1,000824)

- Administrative procedure 10: Re-issuance of the permit to practice groundwater drilling with a small and medium scale (administrative procedure code: 1.004253)

- Administrative procedure 11: Determination and approval of the plan for planting boundary markers of the water source protection corridor for hydropower reservoirs and irrigation reservoirs (administrative procedure code: 2.001850)

The administrative procedures for issuance of groundwater exploration permits with flow of 3,000m3/day to be simplified in Vietnam in the near future?

What are the administrative procedures that need to be reduced and simplified in the field of water resources in Vietnam?

As for the content that needs to be reduced and simplified, in Section III of the Plan issued together with Decision 721/QD-TTg in 2022 approving the plan to reduce and simplify regulations related to business activities under the scope of State management functions of the Ministry of Natural Resources and Environment is specifically promulgated by the Prime Minister as follows:

Central administrative procedures:

* Administrative procedures 1:

- Supplement on how to submit dossiers and receive administrative settlement results according to online public services.

- Modify the receiving agency: 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 handling administrative procedures under the licensing authority of the Ministry of Natural Resources and Environment.

- About the number of records:

+ Reduce the number of submissions of two (02) dossier sets to 01 dossier submission.

+ Annul the regulations: In case under the licensing authority of the Ministry of Natural Resources and Environment, the organization or individual applying for a permit must also submit one more set of documents to the Department of Natural Resources and Environment of the locality. plan to place the work.

- About the time to settle administrative disputes:

+ Reduce the time for reviewing and checking the validity of the application from 10 days to 3 working days.

+ Reduce the time to return administrative results from 05 days to 03 working days.

* Administrative procedures 2:

- Modify the receiving agency: 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 handling administrative procedures under the licensing authority of the Ministry of Natural Resources and Environment.

- Remove the profile component: A copy of the permit has been issued.

- About the number of records:

+ Reduce the number of submissions of two (02) dossier sets to 01 dossier submission.

+ Annul the regulations: In case under the permitting authority of the Ministry of Natural Resources and Environment, the organization or individual applying for a permit must also submit one more set of documents to the Department of Natural Resources and Environment of the locality planning to place the work.

- About the time to settle administrative disputes:

+ Reduce the time for reviewing and checking the validity of the application from 05 days to 03 working days.

+ Reduce the time to return administrative results from 05 days to 03 working days.

* Administrative procedures 3:

- About the process: Supplement on how to submit dossiers and receive results of administrative procedures settlement according to the National Public Service Portal.

- Modifying the receiving agency: 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 handling administrative procedures under the licensing authority of the Ministry of Natural Resources and Environment.

- About the number of dossiers:

+ Reduce the number of submissions of two (02) dossier sets to 01 dossier submission.

+ Annul the regulations: In case under the permitting authority of the Ministry of Natural Resources and Environment, the organization or individual applying for a permit must also submit one more set of documents to the Department of Natural Resources and Environment of the locality planning to place the work.

- About the time to settle administrative disputes:

+ Reduce the time to consider and check the validity of the dossier from 10 days to 03 working days.

+ Reduce the time to return administrative results from 05 days to 03 working days.

* Administrative procedures 4:

- About the process: Supplement on how to submit dossiers and receive results of administrative procedures settlement according to the National Public Service Portal.

- Modify the receiving agency: 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 handling administrative procedures under the licensing authority of the Ministry of Natural Resources and Environment.

- Remove the profile component: A copy of the permit has been issued.

- About the number of records:

+ Reduce the number of submissions of two (02) dossier sets to 01 dossier submission.

+ Annul the regulations: In case under the permitting authority of the Ministry of Natural Resources and Environment, the organization or individual applying for a permit must also submit one more set of documents to the Department of Natural Resources and Environment of the locality planning to place the work.

- About the time to settle administrative disputes

+ Reduce the time for reviewing and checking the validity of the application from 05 days to 03 working days.

- Reducing the time to return administrative results from 05 days to 03 working days.

* Administrative procedures 5:

- About the process: Supplement on how to submit dossiers and receive results of administrative procedures settlement according to the National Public Service Portal.

- Modify the receiving agency: 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 handling administrative procedures under the licensing authority of the Ministry of Natural Resources and Environment.

- About the number of dossiers:

+ Reduce the number of submissions of two (02) dossier sets to 01 dossier submission.

+ Annul the regulations: In case under the licensing authority of the Ministry of Natural Resources and Environment, the organization or individual applying for a permit must also submit one more set of documents to the Department of Natural Resources and Environment of the locality planning to place the project.

- About the time to settle administrative disputes:

+ Reduce the time to consider and check the validity of the dossier from 10 days to 03 working days.

+ Reduce the time to return administrative results from 05 days to 03 working days.

In addition, this Decision also mentions amending and abolishing many other contents in the field of water resources.

See details of the amendments: Here

What are the recommendations for the field of water resources in Vietnam?

As for the recommendations for implementation in the field of origin, in Section III of the Plan issued together with Decision 721/QD-TTg in 2022 approving the plan to reduce and simplify regulations related to business activities Enterprises under the state management function of the Ministry of Natural Resources and Environment promulgated by the Prime Minister as follows:

Central administrative procedures:

* Administrative procedures 1:

- Amend Article 29, Clause 1, Clause 3, Article 35 and Clause 1, Article 36 of Decree No. 201/2013/ND-CP.

* Administrative procedures 2:

- Amend Article 29; Annul Point c, Clause 2, Article 30 and Clauses 1 and 4, Article 36 of Decree No. 201/2013/ND-CP.

* Administrative procedures 3:

- Amend Article 29, Clause 1, Clause 3, Article 35 and Clause 1, Article 36 of Decree No. 201/2013/ND-CP.

* Administrative procedures 4:

- Amend Article 29; Annul Point d, Clause 2, Article 31 and Clauses 1 and 4, Article 36 of Decree No. 201/2013/ND-CP.

* Administrative procedures 5:

- Amend Article 29, Clause 1, Clause 3, Article 35 and Clause 1, Article 36 of Decree No. 201/2013/ND-CP.

* Administrative procedures 6:

- Amend to Article 29; Annul Point d, Clause 2, Article 32 and amend clauses 1 and 4, Article 36 of Decree No. 201/2013/ND-CP.

* Administrative procedures 7:

- Amend Articles 12 and 13 of Circular No. 40/2014/TT-BTNMT.

* Administrative procedures 8:

- Amend Article 12, Point c, Clause 1 and Clause 2, Article 13; Annul Point b, Clause 1, Article 14 of Circular No. 40/2014/TT-BTNMT.

* Administrative procedures 9:

- Amend Article 29, Clause 1, Clause 4, Article 36 of Decree No. 201/2013/ND-CP.

* Administrative procedures 10:

- Amend Article 12, Clause 2, Article 13 of Circular No. 40/2014/TT-BTNMT.

Provincial administrative procedures:

* Administrative procedures 1:

- Amendment to Article 29, Clause 1, Clause 3, Article 35 of Decree No. 201/2013/ND-CP.

* Administrative procedures 2:

- Amend Article 29; Point c, Clause 2, Article 30 is annulled; amend Clause 1, Article 35 and Clause 1, Clause 4, Article 36 of Decree No. 201/2013/ND-CP.

* Administrative procedures 3:

- Amend Article 29 and Clause 1 and Clause 3 Article 35 of Decree No. 201/2013/ND-CP.

* Administrative procedures 4:

- Amend Article 29; Annul Point d Clause 2 Article 31; amend Clause 1, Article 35 and Clause 1, Clause 4, Article 36 of Decree No. 201/2013/ND-CP.

* Administrative procedures 5:

- Amend Article 29, Clause 1, Clause 3, Article 35 of Decree No. 201/2013/ND-CP.

* Administrative procedures 6:

- Amend Article 29; Annul Point d Clause 2 Article 32; amend Clause 1, Article 35 and Clause 1, Clause 4, Article 36 of Decree No. 201/2013/ND-CP.

* Administrative procedures 7:

- Amend Article 12, Point b, Point c Clause 1, Clause 2 and Clause 5 Article 13 of Circular No. 40/2014/TT-BTNMT.

* Administrative procedures 8:

- Amend Article 12, Point c Clause 1, Clause 2 Article 13; Annul Point b, Clause 1, Article 14 of Circular No. 40/2014/TT-BTNMT.

* Administrative procedures 9:

- Amend Article 29; Clause 1, Clause 4, Article 36 of Decree No. 201/2013/ND-CP.

* Administrative procedures 10:

- Amend Article 12, Clause 2, Article 13 of Circular No. 40/2014/TT-BTNMT.

* Administrative procedures 11:

- Amend Clause 3, Article 12 of Decree No. 43/2015/ND-CP.

Here is some of the information we provide to you. Best regards!


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