From 20/03/2023: What documents are included in the application for modification of licences for exploitation and use of surface water and sea water in Vietnam?

From 20/03/2023: What documents are included in the application for modification of licences for exploitation and use of surface water and sea water in Vietnam?

Pursuant to Article 32 of the Decree 02/2023/NĐ-CP (effective from 20/03/2023) stipulating the application for modification of licences for exploitation and use of surface water and sea water in Vietnam as follows:

Applications for issuance, renewal and modification of licences for exploitation and use of surface water and sea water

1. An application for issuance of a surface water or sea water groundwater exploitation and use licence includes:

a) An application form for licence issuance;

b) A water exploitation and use scheme in case exploration works are not built; a report on the current water exploitation and use status enclosed with an operation process in case exploration works have been built (the operation process is mandatory in this case);

c) Results for analyzing the quality of water sources published within 03 months up to the date of submitting the application (except for works for exploitation and use of water for hydroelectricity);

d) A map showing the location of the work for water exploitation.

In case the work for surface water or sea water exploitation has not been built, the application for issuance of the licence must be submitted in the preparation period for investment.

2. An application for renewal or modification of a surface water or sea water exploitation and use licence includes:

a) An application form for renewal or modification of the licence;

b) A report on the current water exploitation and use status and the licence compliance; In case there is a modification in the scale, water exploitation and use mode or regime or operation process of a work, a scheme for water exploitation must be enclosed;

c) Results for analyzing the quality of water sources published within 03 months up to the date of submitting the application (except for works for exploitation and use of water for hydroelectricity);

3. The application form, scheme and report shall be made using Form No. 05, Form No. 06, Form No. 07, Form No. 08, Form No. 28, Form No. 29, Form No. 30, Form No. 31, Form No. 32, Form No. 33 and Form No. 34 specified in the Appendix enclosed herewith.

As regulations above, from 20/03/2023, the application for modification of licences for exploitation and use of surface water and sea water in Vietnam includes:

- An application form for renewal or modification of the licence;

- A report on the current water exploitation and use status and the licence compliance; In case there is a modification in the scale, water exploitation and use mode or regime or operation process of a work, a scheme for water exploitation must be enclosed;

- Results for analyzing the quality of water sources published within 03 months up to the date of submitting the application (except for works for exploitation and use of water for hydroelectricity);

In which cases shall works for sea water exploitation in Vietnam be registered?

Pursuant to Clause 1 Article 17 of the Decree 02/2023/NĐ-CP (effective from 20/03/2023) stipulating cases in which works for sea water exploitation in Vietnam shall be registered as follows:

Works for water resources exploitation and use for which registration and licensing are required

1. Works for water resources exploitation and use for which registration is required include:

a) Irrigation reservoirs and dams with total capacity of from 0,01 million m3 to 0,2 million m3 or other works for surface water exploitation and use for the purpose of agricultural production and aquaculture (excluding other purposes with a scale subject to licensing) with a flow rate of from greater than 0,1 m3/second to 0,5 m3/second;

If an irrigation reservoir or dam with total capacity of from 0,01 million m3 to 0,2 million m3 with purposes and a scale subject to licensing, the licensing must be made according to the regulations hereof.

b) Works for sea water exploitation and use for onshore production and trading including aquaculture and trading thereof with a scale of from more than 10.000 m3/day and night to 100.000 m3/day and night;

c) Works for groundwater exploitation and use prescribed in Point a Clause 2 Article 16 hereof and those prescribed in Point a Point d Clause 1 Article 44 of the Law on Water Resources, specified in the list of areas restricted groundwater exploitation published by the Provincial People’s Committees;

d) Works for use of self-supply groundwater in mining pits for sifting ores without lowering the groundwater level or pumping water to drain the self-supply water in the mining pits.

...

As regulations above, works for sea water exploitation and use for onshore production and trading including aquaculture and trading thereof with a scale of from more than 10.000 m3/day and night to 100.000 m3/day and night.

What is the validity period of licenses for exploitation and use of surface water and sea water in Vietnam?

Pursuant to Article 21 of the Decree 02/2023/NĐ-CP (effective from 20/03/2023) stipulating the validity period of licenses for exploitation and use of surface water and sea water in Vietnam as follows:

Licence validity period

1. The validity period of water resources licences shall be as follows:

a) The validity period of licences for exploitation and use of surface water and sea water 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 licences 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 year;

c) The validity period of licences for 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 licence issuance or renewal with a validity period of less than the minimum period prescribed in this Clause, the licence 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 licence issuance or renewal of the organization/individual, the licence issuer shall decide the specific validity period of each licence.

3. If the application for licence issuance of the organization/individual is submitted before the date on which the licence granted previously becomes invalid, the effective date specified in the licence shall be determined as the following date of expiry date of the licence granted previously.

As regulations above, the validity period of licences for exploitation and use of surface water and sea water reaches a maximum of 15 years and a minimum of 05 years.

Best regards!