Vietnam: In which cases does the exploitation and use of seawater have to be registered? How is the declaration form for registration of seawater exploitation works regulated?
How is the declaration form for registration of seawater exploitation works regulated in Vietnam?
Currently, the declaration form for registration of seawater exploitation works is specified in Form 38 issued together with Decree 02/2023/ND-CP, specifically as follows:
Download the declaration form for registration of seawater exploitation works: here
Vietnam: In which cases does the exploitation and use of seawater have to be registered? How is the declaration form for registration of seawater exploitation works regulated?
In the case of exploitation and use of seawater, which must be registered in Vietnam?
Pursuant to Clause 1, Article 17 of Decree 02/2023/ND-CP stipulates:
Cases in which works exploiting and using water resources must be registered and licensed
1. Cases in which works exploiting and using water resources must be registered, including:
a) Reservoirs and irrigation dams with a total capacity of 0.01 million m3 to 0.2 million m3 or other surface water exploitation and use works for agricultural and aquaculture production purposes (excluding other purposes of scale subject to licensing) with a catch flow greater than 0.1 m3/sec to 0.5 m3/sec;
In case a reservoir or irrigation dam with a total capacity of 0.01 million m3 to 0.2 million m3 has the purposes of exploiting and using water with a scale of exploitation in the case of a license, it must apply for permission according to the provisions of this Decree.
b) Exploiting and using seawater for land-based production activities, including aquaculture, business and services with a scale of over 10,000 m3/day and night to 100,000 m3/day;
c) Exploitation and use of groundwater in the cases specified at Point a, Clause 2, Article 16 of this Decree and the cases specified at Points a and d, Clause 1, Article 44 of the Law on Water Resources in the list of restricted areas for groundwater exploitation announced by provincial-level People's Committees;
d) Use self-flowing groundwater in the mining moong to recruit ore without lowering the groundwater level or pumping water intake to dry out the amount of water flowing into the mining moong.
Accordingly, in case of exploitation and use of seawater for land-based production activities including aquaculture, business and services with a scale of over 10,000 m3/day to 100,000 m3/day, the registration of exploitation and use of water resources must be carried out.
What are the procedures for registration of seawater exploitation and use in Vietnam?
Pursuant to Clause 2, Article 39 of Decree 02/2023/ND-CP stipulates:
Order and procedures for registration of exploitation and use of surface water and sea water
...
2. Order of procedures for registration of exploitation and use of surface water and seawater
a) Annually, commune-level People's Committees shall review and make a list of organizations and individuals whose works on the exploitation and use of surface water and seawater are subject to registration in their localities; notify and distribute 02 declarations according to Form 37 and Form 38 in the Appendix attached to this Decree to organizations and individuals for declaration.
In case there are no exploitation works, organizations and individuals must register for exploitation before proceeding with the construction of the works.
b) Within 10 working days from the date of receipt of the declaration, organizations and individuals shall complete 02 declarations and submit them to provincial-level Departments of Natural Resources and Environment or submit them to commune-level People's Committees. Commune-level People's Committees are responsible for submitting declarations to provincial-level Departments of Natural Resources and Environment.
c) Within 10 working days from the date of receipt of the declaration of the organization or individual, the agency certifying the registration shall check the contents of the information, confirm the registration and send 01 copy to the organization or individual.
Thus, every year, commune-level People's Committees shall review and make a list of organizations and individuals whose seawater exploitation and use works are subject to registration in the area.
After that, notify and distribute the declaration according to Form 38 attached to Decree 02/2023/ND-CP to organizations and individuals for declaration.
In case there are no exploitation works, organizations and individuals must register the exploitation before proceeding with the construction of the works.
Within 10 working days from the date of receipt of the declaration, organizations and individuals shall complete the declaration and submit it to the provincial-level Department of Natural Resources and Environment or submit it to the commune-level People's Committee. Commune-level People's Committees are responsible for submitting declarations to provincial-level Departments of Natural Resources and Environment.
After that, within 10 working days from the date of receipt of the declaration of the organization or individual, the agency certifying the registration shall check the contents of the information, confirm the registration and send 01 copy to the organization or individual.
Decree 02/2023/ND-CP will come into force from March 20, 2023.
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