Issuance of the Decree 54/2024/ND-CP on groundwater drilling practicing, licensing for water resource exploitation right in Vietnam

Issuance of the Decree on groundwater drilling practicing, licensing for water resource exploitation right in Vietnam

On May 16th, 2024, the Government issued the Decree 54/2024/ND-CP on groundwater drilling practicing, water resource-related declaration, registration, licensing and services and fees for water resource exploitation right.

The Decree 54/2024/ND-CP elaborates Clause 3 Article 31; Article 52; Clause 5 Article 53; Clause 6, Article 69; and Article 70 of the Law on Water Resources in 2023 on following matters:

- Issuance of licenses to practice groundwater drilling;

- Declaration, registration and licensing of exploration, exploitation and use of water resources;

- Power and procedures for declaration of the exploitation of groundwater by households, registration of the exploitation and use of water resources, issuance, extension, modification, re-issuance, approval for return, suspension, invalidation and revocation of water resource exploitation permits and groundwater exploration permits;

- Payment, exemption and reduction of fees for water resource exploitation right; methods for calculating and rate of fee for water resource exploitation right.

- Services for water resources.

Issuance of the Decree 54/2024/ND-CP on groundwater drilling practicing, licensing for water resource exploitation right in Vietnam - image from internet

What are main contents of a water resource exploitation permit in Vietnam?

Pursuant to Clause 2 Article 6 of the Decree Decree 54/2024/ND-CP stipulating contents of groundwater exploration permits and water resource exploitation permits:

Contents of groundwater exploration permits and water resource exploitation permits

1. Main contents of a groundwater exploration permit:

a) Name and address of the organization/individual granted the permit;

b) Groundwater exploration purposes;

c) Groundwater exploration scale;

d) Groundwater exploration structure position;

dd) Quantity of wells, well depth, aquifers;

e) Validity period of the permit;

g) Requirements for and obligations to exploration of groundwater.

2. Main contents of a water resource exploitation permit:

a) Name and address of the organization/individual granted the permit;

b) Name and position of the water exploitation structure;

c) Water exploitation purposes;

d) Exploited water sources;

...

As regulated above, main contents of a water resource exploitation permit:

- Name and address of the organization/individual granted the permit;

- Name and position of the water exploitation structure;

- Water exploitation purposes;

- Exploited water sources;

- Scale, capacity and flow rate;

- Regimes and methods for water exploitation (number of hours and days of exploitation in the year for the proposed scale, capacity, and flow rate of exploitation);

- Validity period of the permit;

- Specific requirements and conditions for each case of water resource exploitation regulated by the licensing authority for the purposes of regulation and distribution of water resources, protection of water sources and legal rights and interests of other relevant organizations and individuals (regulations on the maximum amount of water allowed to be exploited in normal conditions under the water resource exploitation permit shall be clearly indicated).

In case of drought or water scarcity, the amount of water exploited shall be reduced in conformity with quotas for water resource exploitation and plans to regulate and distribute water resources issued by the competent authority;

- Rights and obligations of the permit holder.

What are cases of re-issuance of water resource exploitation permits in Vietnam?

Pursuant to Article 14 of the Decree Decree 54/2024/ND-CP stipulating re-issuance of permits:

Re-issuance of permits

1. A permit shall be re-issued in the following cases:

a) It has gone missing; is ruined or damaged;

b) Name of the permit holder is changed due to change in name, receipt of transfer, merger, division or restructuring without any change in other contents of the permit.

If the permit is re-issued due to transfer, merger or division, the receiving party to transfer, merger or division agreement shall follow procedures for applying for re-issuance of the permit.

2. The validity period of the reissued permit is equal to days left to the expiry date of the old permit.

As regulated above, water resource exploitation permits in Vietnam shall be re-issued in the following cases:

- It has gone missing; is ruined or damaged;

- Name of the permit holder is changed due to change in name, receipt of transfer, merger, division or restructuring without any change in other contents of the permit.

Best regards!