What is the current application form for issuance of a groundwater exploitation and use license in Vietnam?
- What is the current application form for issuance of a groundwater exploitation and use license in Vietnam? What are the instructions for filling out the application form?
- What does the application for issuance of a groundwater exploitation and use license in Vietnam include?
- What is the validity of groundwater exploitation and use license in Vietnam?
What is the current application form for issuance of a groundwater exploitation and use license in Vietnam? What are the instructions for filling out the application form?
The current application form for issuance of a groundwater exploitation and use license in Vietnam is Form No. 03 specified in the Appendix enclosed with Decree 02/2023/ND-CP:
Download the current application form for issuance of a groundwater exploitation and use license in Vietnam: Here.
Pursuant to Form No. 03 specified in the Appendix enclosed with Decree 02/2023/ND-CP, the instructions for filling out the application form are:
- (1) Name of licensing authority: Record the Ministry of Natural Resources and Environment/Provincial People's Committee (as defined in Article 28 of Decree 02/2023/ND-CP).
- (2) Specify the specific address or hamlet..... communes/wards.... districts/districts.... province/city.... where groundwater extraction works are arranged; In case the exploitation works are arranged in more than one administrative unit, the number of exploitation wells shall be specified in each administrative unit.
- (3) Specify the exploitation of groundwater for water supply for the purposes of domestic, production, irrigation, aquaculture, etc.; In case groundwater is exploited to supply water for multiple purposes, the flow to supply for each purpose shall be specified.
- (4) Specify the extracted aquifer; In case of exploitation of groundwater in multiple aquifers, the exploitation flow in each aquifer shall be clearly stated.
- (5) Specify the number of mining wells or the number of pits dug/corridors/circuits/caves; In case of groundwater extraction in multiple aquifers, the number of wells in each aquifer shall be specified.
What does the application for issuance of a groundwater exploitation and use license in Vietnam include?
Pursuant to Clause 1, Article 31 of Decree 02/2023/ND-CP as follows:
Applications for issuance, renewal, and modification of groundwater exploitation and use licenses
1. An application for issuance of a groundwater exploitation and use license includes:
a) An application form for license issuance;
b) A map showing the area and location where the work for groundwater exploitation is built;
c) An report on groundwater exploration result enclosed exploitation plans for works with a scale of from at least 200 m3/day and night or a well construction report for exploitation works with a flow rate of less than 200 m3/day and night in case exploration works are not built; a report on the current exploitation status of groundwater exploitation works currently in operation;
d) Results for analyzing the quality of water sources published within 06 months up to the date of submitting the application.
2. An application for renewal or modification of a groundwater exploitation and use license includes:
a) An application form for renewal or modification of the license;
b) A report on the current water exploitation and use status and the license compliance; In case the license modification affects the scale of the construction site, the number of wells used for exploitation and the water level, a plan for water exploitation must be clarified;
c) Results for analyzing the quality of water sources published within the last 06 months before the application is submitted;
d) A map showing the location of the work for groundwater exploitation in case of modifying the license.
3. The application form and report shall be made using Form No. 03, Form No. 04, Form No. 24, Form No. 26 and Form No. 27 specified in the Appendix enclosed herewith.
Thus, according to the above provisions, the application for issuance of a groundwater exploitation and use license in Vietnam includes:
- An application form for license issuance;
- A map showing the area and location where the work for groundwater exploitation is built;
- An report on groundwater exploration result enclosed exploitation plans for works with a scale of from at least 200 m3/day and night or a well construction report for exploitation works with a flow rate of less than 200 m3/day and night in case exploration works are not built; a report on the current exploitation status of groundwater exploitation works currently in operation;
- Results for analyzing the quality of water sources published within 06 months up to the date of submitting the application.
What is the validity of groundwater exploitation and use license in Vietnam?
Pursuant to Point c, Clause 1, Article 21 of Decree 02/2023/ND-CP as follows:
License validity period
1. The validity period of water resources licenses shall be as follows:
a) The validity period of licenses for exploitation and use of surface water and seawater reaches a maximum of 15 years and a minimum of 05 years and is considered to be renewed for many times. The minimum renewal period shall be 03 years and the maximum one shall be 10 years per time;
b) The validity period of licenses for exploitation and use of groundwater is 02 years and is considered to be renewed for only one time; the renewal period shall not exceed 01 years;
c) The validity period of licenses for the exploitation and use of groundwater reaches a maximum of 10 years and a minimum of 03 years and is considered to be renewed for many times. The minimum renewal period shall be 02 years per time and the maximum one shall be 05 years.
In case an organization or individual requests license issuance or renewal with a validity period of less than the minimum period prescribed in this Clause, the license shall be granted or renewed according to the validity period specified in the request form.
2. Based on the conditions of each water source, level of detail (LOD) of information, survey data and assessment of water resources and application for license issuance or renewal of the organization/individual, the license issuer shall decide the specific validity period of each license.
3. If the application for license issuance of the organization/individual is submitted before the date on which the license granted previously becomes invalid, the effective date specified in the license shall be determined as the following date of the expiry date of the license granted previously.
Thus, according to the above regulations, the validity period of a groundwater exploitation and use license reaches a maximum of 10 years and a minimum of 03 years and is considered to be renewed for many times. The minimum renewal period shall be 02 years per time and the maximum one shall be 05 years
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