What are requirements for being issued with permits for water resources exploitation in Vietnam?

What are requirements for being issued with the permits for water resources exploitation in Vietnam?

Pursuant to Article 20 of the Decree 201/2013/NĐ-CP (amended by Clause 1.c and e, Article 167 of the Decree 08/2022/NĐ-CP) stipulating requirements for being issued with the permits for water resources exploitation in Vietnam as follows:

An applicant must fulfill the following requirements in order to be issued with a permit:

1. Opinions of the local community and other relevant entities have been collected according to this Decree.

2. Have a project or report suitable for the approved water resource planning or suitable for the water resources carrying capacity if the water resource planning is not available. The project or report shall be prepared by a suitably qualified organization or individual according to MONRE’s regulations; information and figures used to prepare the project or report must be adequate, explicit, accurate and truthful.

The plan for design of a work or work for extraction of water resources must be appropriate to the extraction scale and sources of water extracted and satisfy the requirements for protection of water resources.

3. Apart from the requirements prescribed in Clause 1 and Clause 2 this Article, the entity who carries out the exploitation of underground water with the capacity of 3000 m3/day or above must have equipment, staff or enter into contract with a qualified entity for observing and supervising the water exploitation.

4. Apart from the requirements prescribed in Point b Clause 2 Article 53 of the Law on Water Resources, Clauses 1, 2 this Article, the entity who carries out the exploitation of surface water with a work built on river or stream must fulfill the following requirements:

a) Have plans for distributing equipment, staff in order to operate the reservoir, carry out surveys and supervision of the water exploitation; methods for carrying out observation of meteorology and hydrology, forecasting the volume of water running in the reservoir in order to facilitate the operation of the reservoir if the work has not been built;

b) Have procedures for operating the reservoir; necessary equipment, staff or entered into contract with a qualified entity for operating the reservoir, supervising the water exploitation , carrying out observation of meteorology and hydrology and forecasting the volume of water running in the reservoir in order to facilitate the operation of the reservoir if the work is built.

How long is the permits for water resources exploitation in Vietnam valid?

Pursuant to Article 21 of the Decree 201/2013/NĐ-CP (amended by Clause 1.e, Article 167 of the Decree 08/2022/NĐ-CP) stipulating validity period of the permits for water resources exploitation in Vietnam as follows:

1. The validity period of water permits is regulated as follows:

a) The permits for exploiting surface water and seawater shall be valid for five (05) to fifteen (15) years and may be repeatedly renewed for three (03) to ten (10) years;

b) The permits for underground water exploration shall be valid for two (02) years and may be renewed only one time for not more than one (01) year;

c) The permit for underground water exploitation shall be valid for three (03) to ten (10) years and may be repeatedly renewed for two (02) to five (05) years;

If an applicant requests a permit of which the duration is shorter than the minimum duration prescribed in this Clause, the permit shall be issued or renewed as requested.

2. Based on the conditions of each water source, the adequacy of information, surveyed figures, water resource assessment and the application for issuance or renewal of a permit, the licensing agency shall decide the validity period of the permit.

What are regulations on renewal of permits for water resources exploitation in Vietnam?

Pursuant to Article 22 of the Decree 201/2013/NĐ-CP (amended by Clause 1.dd, Article 167 of the Decree 08/2022/NĐ-CP) stipulating renewal of permits for water resources exploitation in Vietnam as follows:

1. The permits must be renewed in accordance with Articles 18, 19, 20 of this Decree and the following requirements:

a) The application for renewing permit is sent at least ninety (90) days before the expiry of the permit;

b) The permitted entity has fulfilled all the obligations related to the issued permit according to the regulations of the Law and there is no dispute up to the date of extension;

c) The plans for extraction and use of water of the applicant are suitable for the water resources planning and the capability of the water source up to the date of renewal.

2. The applicant must file an application for a new permit for water exploitation or wastewater discharge in the cases other than those prescribed in Point a Clause 1 this Article.

Best regards!