Vietnam: What are the regulations on the order of registration for exploitation and use of surface water? What are the regulations on the declaration form for registration of surface water exploitation works?
- Who has the authority to certify the registration of exploitation and use of surface water in Vietnam?
- What are the order and procedures for registration of surface water exploitation and use in Vietnam?
- How is the declaration form for registration of surface water exploitation works regulated in Vietnam?
Who has the authority to certify the registration of exploitation and use of surface water in Vietnam?
Pursuant to Clause 1, Article 39 of Decree 02/2023/ND-CP stipulates:
Order and procedures for registration of exploitation and use of surface water and sea water
1. The agency certifying the registration of exploitation and use of surface water and seawater is the Department of Natural Resources and Environment where the work is built, in the case specified at Points a and b, Clause 1, Article 17 of this Decree.
Accordingly, in the case of exploitation and use of reservoirs, 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 the scale subject to licensing) with a catch flow greater than 0.1 m3/ sec. to 0.5 m3/sec.
Then the subject of exploitation and use must be certified for registration by the Department of Natural Resources and Environment.
Vietnam: What are the regulations on the order of registration for exploitation and use of surface water? What are the regulations on the declaration form for registration of surface water exploitation works?
What are the order and procedures for registration of surface water exploitation and use in Vietnam?
Pursuant to Clause 2, Article 39 of Decree 02/2023/ND-CP stipulates as follows:
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.
Accordingly, the order and procedures for registration of surface water exploitation and use shall be carried out as follows:
Step 1: Annually, commune-level People's Committees shall review and make a list of organizations and individuals whose surface water exploitation and use works are subject to registration in the locality; notify and distribute declarations according to Form 37 in the Appendix attached to Decree 02/2023/ND-CP to organizations, individual to statements.
In case there are no exploitation works, organizations and individuals must register for exploitation before proceeding with the construction of the works.
Step 2: Within 10 working days from the date of receipt of the declaration, organizations and individuals are responsible for completing 02 declarations and submitting them to provincial-level Departments of Natural Resources and Environment or submitting 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.
Step 3: Within 10 working days from the date of receipt of the declaration of the organization, individual, the registration confirmation agency is responsible for checking the information content, confirming the registration and sending 01 copy to the organization or individual.
How is the declaration form for registration of surface water exploitation works regulated in Vietnam?
Currently, the form of declaration for registration of surface water exploitation works is specified in Form 37 issued together with Decree 02/2023/ND-CP, specifically as follows:
Download the Declaration form for registration of surface water exploitation works: here.
(1) For organizations with full names according to the Establishment Decision, business registration certificates/ for individuals with full names according to identity cards/citizen identity cards.
(2) Specify the name of the place (village/hamlet; commune/ward; district; province/city where surface water exploitation and use works are built; coordinates X, Y of the main items of the project (according to the VN2000 coordinate system, axial meridian, 3° projection zone) measured by handheld GPS or measured by equivalent equipment).
(3) Name the river/stream/canal/canal/lake/pond/lagoon; clearly stating that the river/stream is a tributary, tributary, belonging to the river system...
(4) Clearly state the purpose of water exploitation and use; In case the project uses multi-purpose water, it shall specify the task of direct water supply for each use purpose (irrigation, domestic, industrial, power generation, aquaculture....) and the purpose of generating sources (if any).
(5) Specify the amount of water extracted and the amount of water to create the source (if any).
(6) Specify the type of construction (reservoir/surge dam/culvert/pumping station,...), describe the construction items, reservoir capacity, pumping station capacity, how to get water, conduct water, transfer water, store water,...
(7) Specify the regulatory regime (for reservoirs), the average number of water intake hours per day, the average number of water intake days by month/season/year.
Decree 02/2023/ND-CP will come into force from March 20, 2023.
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