Vietnam: What does the dossier of issuance of a license for exploitation and use of groundwater include? How long is the license for groundwater exploitation and use?
What does the dossier of issuance of a license for exploitation and use of groundwater in Vietnam include?
Pursuant to Article 31 of Decree 02/2023/ND-CP which stipulates as follows:
Dossiers of granting, renewing and adjusting the contents of licenses for exploitation and use of groundwater
1. A dossier of application for a license for groundwater exploitation and use includes:
a/ An application for a license;
b) Diagram of the area and location of groundwater exploitation works;
c) Report on the results of exploration and assessment of groundwater reserves together with the exploitation plan for works with a scale of 200 m3/day or more or report on the results of construction of exploitation wells for works with a scale of less than 200 m3/day in case there are no exploitation works; report on the current state of exploitation in case the groundwater exploitation works are in operation;
d) Results of water quality analysis must not exceed 06 months from the time of application.
2. A dossier of application for extension or adjustment of a license for groundwater exploitation and use includes:
a) An application for renewal or adjustment of the license;
b) Report on the current state of water exploitation and use and the implementation of the license, in case of adjustment of the license related to the scale of the project, the number of exploited wells and the level of exploited water, the water exploitation plan must be clearly stated;
c) Results of water quality analysis must not exceed 06 months from the time of application;
d) Location map of groundwater exploitation works, in case of adjustment of licenses.
3. The application form and contents of the report shall be made according to Form 03, Form 04, Form 24, Form 25, Form 26 and Form 27 in the Appendix attached to this Decree.
Accordingly, the dossier of application for a license for exploitation and use of groundwater includes:
- Application for a license;
- Diagram of the area and location of groundwater exploitation works;
- Results of water quality analysis must not exceed 06 months from the time of application
- For works with a scale of less than 200 m3/day and night in case there are no exploitation works, an additional report on the results of exploration and assessment of groundwater reserves accompanied by a exploitation plan for works with a scale of 200 m3/day or more or a report on the results of construction of mining wells
- In case the groundwater exploitation project is in operation, an additional report on the current state of exploitation shall be submitted.
Vietnam: What does the dossier of issuance of a license for exploitation and use of groundwater include? How long is the license for groundwater exploitation and use?
How long is the license for groundwater exploitation and use in Vietnam?
Pursuant to Clause 1, Article 21 of Decree 02/2023/ND-CP stipulates as follows:
Duration of the license
1. The duration of a water resource permit is prescribed as follows:
a) Licenses for exploitation and use of surface water and seawater have a maximum term of 15 years, a minimum of 05 years and are considered for renewal many times, each extension is at least 03 years, a maximum of 10 years;
b) The groundwater exploration license has a term of 02 years and is considered for extension of 01 lane, the extension period does not exceed 01 year;
c) The license for exploitation and use of groundwater has a maximum term of 10 years, a minimum of 03 years and is considered for renewal several times, each extension is at least 02 years, the maximum is 05 years.
In case an organization or individual applies for a license or extension for a term shorter than the minimum term specified in this Clause, the license shall be granted or renewed according to the time limit proposed in the application.
Accordingly, the license for groundwater exploitation and use has a maximum term of 10 years, a minimum of 03 years and is considered for renewal many times, each extension is at least 02 years, the maximum is 05 years.
How is the application form for a license for groundwater exploitation and use currently regulated in Vietnam?
Currently, the Form of application for a license for groundwater exploitation and use is specified in Form No. 03 issued together with Decree 02/2023/ND-CP as follows:
Download the application form for groundwater exploitation and use license here
Guide:
(1) Name of the licensing agency: Record the Ministry of Natural Resources and Environment/Provincial People's Committee (as prescribed in Article 28 of this Decree).
(2) In case of modification of the license content, but the licensee wishes to reissue the license, the reason must be supplemented with supporting documents.
Decree 02/2023/ND-CP will come into force from March 20, 2023.
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