What are the fines for the act of exploration, extraction and use of water resources without registration or license in Vietnam?

What are the fines for the act of exploration, extraction and use of water resources without registration or license in Vietnam? - image from internet

Pursuant to Article 9 of the Decree 36/2020/ND-CP (effective on 10/5/2020) stipulating the fines imposed on individuals for the act of exploration, extraction and use of water resources without registration or license in Vietnam:

1. A warning or a fine ranging from VND 100,000 to VND 500,000 shall be imposed for failure to register groundwater exploration/extraction as prescribed by law in the cases where the groundwater exploration/extraction requires registration.

2. Fines shall be imposed for failure to obtain a license upon groundwater exploration. To be specific:

a) A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed for failure to obtain a license to conduct groundwater exploration for serving the drilling of 01 borehole;

b) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to obtain a license to conduct groundwater exploration for serving the drilling of 02 boreholes;

c) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failure to obtain a license to conduct groundwater exploration for serving the drilling of 03 boreholes;

d) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to obtain a license to conduct groundwater exploration for serving the drilling of 04 boreholes;

dd) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to obtain a license to conduct groundwater exploration for serving the drilling of 05 boreholes or more.

3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for extracting and using groundwater for production, trading and service provision with a volume of more than 10 m3/24 hours but less than 30 m3/24 hours.

4. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following acts of extracting and using water resources without a license:

a) Extracting and using groundwater for production, trading and service provision with a volume from 30 m3/24 hours to less than 50 m3/24 hours;

b) Extracting and using surface water for agricultural production and aquaculture with a volume of more than 0.1 m3/second but less than 0.2 m3/second;

c) Extracting and using surface water for trading, service provision and non-agricultural production with a volume of more than 100 m3/24 hours but less than 1,000 m3/24 hours;

d) Extracting and using surface water for electricity generation with an installed capacity of more than 50 kW but less than 500 kW;

dd) Extracting and using sea water for inland production, trading and service provision with a volume of more than 10,000 m3/24 hours but less than 30,000 m3/24 hours.

5. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for one of the following acts of extracting and using water resources without a license:

a) Extracting and using groundwater for production, trading and service provision with a volume from 50 m3/24 hours to less than 100 m3/24 hours;

b) Extracting and using surface water for agricultural production and aquaculture with a volume from 0.2 m3/second to less than 0.3 m3/second;

c) Extracting and using surface water for trading, service provision and non-agricultural production with a volume from 1,000 m3/24 hours to less than 2,000 m3/24 hours;

d) Extracting and using surface water for electricity generation with an installed capacity from 500 kW to less than 1,000 kW;

dd) Extracting and using sea water for inland production, trading and service provision with a volume from 30,000 m3/24 hours to less than 50,000 m3/24 hours.

6. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for one of the following acts of extracting and using water resources without a license:

a) Extracting and using groundwater for production, trading and service provision with a volume from 100 m3/24 hours to less than 200 m3/24 hours;

b) Extracting and using surface water for agricultural production and aquaculture with a volume from 0.3 m3/second to less than 0.5 m3/second;

c) Extracting and using surface water for trading, service provision and non-agricultural production with a volume from 2,000 m3/24 hours to less than 3,000 m3/24 hours;

d) Extracting and using surface water for electricity generation with an installed capacity from 1,000 kW to less than 2,000 kW;

dd) Extracting and using sea water for inland production, trading and service provision with a volume from 50,000 m3/24 hours to less than 100,000 m3/24 hours.

7. A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for one of the following acts of extracting and using water resources without a license:

a) Extracting and using groundwater for production, trading and service provision with a volume from 200 m3/24 hours to less than 400 m3/24 hours;

b) Extracting and using surface water for agricultural production and aquaculture with a volume from 0.5 m3/second to less than 1 m3/second;

c) Extracting and using surface water for trading, service provision and non-agricultural production with a volume from 3,000 m3/24 hours to less than 10,000 m3/24 hours;

d) Extracting and using surface water for electricity generation with an installed capacity from 2,000 kW to less than 5,000 kW;

dd) Extracting and using sea water for inland production, trading and service provision with a volume from 100,000 m3/24 hours to less than 200,000 m3/24 hours.

8. A fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for one of the following acts of extracting and using water resources without a license:

a) Extracting and using groundwater for production, trading and service provision with a volume from 400 m3/24 hours to less than 800 m3/24 hours;

b) Extracting and using surface water for agricultural production and aquaculture with a volume from 1 m3/second to less than 1.5 m3/second;

c) Extracting and using surface water for trading, service provision and non-agricultural production with a volume from 10,000 m3/24 hours to less than 20,000 m3/24 hours;

d) Extracting and using surface water for electricity generation with an installed capacity from 5,000 kW to less than 7,000 kW;

dd) Extracting and using sea water for inland production, trading and service provision with a volume from 200,000 m3/24 hours to less than 300,000 m3/24 hours.

9. A fine ranging from VND 90,000,000 to VND 110,000,000 shall be imposed for one of the following acts of extracting and using water resources without a license:

a) Extracting and using groundwater for production, trading and service provision with a volume from 800 m3/24 hours to less than 1,000 m3/24 hours;

b) Extracting and using surface water for agricultural production and aquaculture with a volume from 1.5 m3/second to less than 2 m3/second;

c) Extracting and using surface water for trading, service provision and non-agricultural production with a volume from 20,000 m3/24 hours to less than 50,000 m3/24 hours;

d) Extracting and using surface water for electricity generation with an installed capacity from 7,000 kW to less than 10,000 kW;

dd) Extracting and using sea water for inland production, trading and service provision with a volume from 300,000 m3/24 hours to less than 400,000 m3/24 hours.

10. A fine ranging from VND 110,000,000 to VND 140,000,000 shall be imposed for one of the following acts of extracting and using water resources without a license:

a) Extracting and using groundwater for production, trading and service provision with a volume from 1,000 m3/24 hours to less than 1,500 m3/24 hours;

b) Extracting and using surface water for agricultural production and aquaculture with a volume of at least 2 m3/second;

c) Extracting and using surface water for trading, service provision and non-agricultural production with a volume from 50,000 m3/24 hours to less than 100,000 m3/24 hours;

d) Extracting and using surface water for electricity generation with an installed capacity from 10,000 kW to less than 20,000 kW;

dd) Extracting and using sea water for inland production, trading and service provision with a volume from 400,000 m3/24 hours to less than 500,000 m3/24 hours.

11. A fine ranging from VND 140,000,000 to VND 170,000,000 shall be imposed for one of the following acts of extracting and using water resources without a license:

a) Extracting and using groundwater for production, trading and service provision with a volume from 1,500 m3/24 hours to less than 3,000 m3/24 hours;

b) Extracting and using surface water for trading, service provision and non-agricultural production with a volume from 100,000 m3/24 hours to less than 200,000 m3/24 hours;

c) Extracting and using surface water for electricity generation with an installed capacity from 20,000 kW to less than 30,000 kW;

d) Extracting and using sea water for inland production, trading and service provision with a volume from 500,000 m3/24 hours to less than 700,000 m3/24 hours.

12. A fine ranging from VND 170,000,000 to VND 200,000,000 shall be imposed for one of the following acts of extracting and using water resources without a license:

a) Extracting and using groundwater for production, trading and service provision with a volume from 3,000 m3/24 hours to less than 5,000 m3/24 hours;

b) Extracting and using surface water for trading, service provision and non-agricultural production with a volume from 200,000 m3/24 hours to less than 300,000 m3/24 hours;

c) Extracting and using surface water for electricity generation with an installed capacity from 30,000 kW to less than 40,000 kW;

d) Extracting and using sea water for inland production, trading and service provision with a volume from 700,000 m3/24 hours to less than 1,000,000 m3/24 hours.

13. A fine ranging from VND 200,000,000 to VND 230,000,000 shall be imposed for one of the following acts of extracting and using water resources without a license:

a) Extracting and using groundwater for production, trading and service provision with a volume from 5,000 m3/24 hours to less than 12,000 m3/24 hours;

b) Extracting and using surface water for trading, service provision and non-agricultural production with a volume from 300,000 m3/24 hours to less than 800,000 m3/24 hours;

c) Extracting and using surface water for electricity generation with an installed capacity from 40,000 kW to less than 50,000 kW;

d) Extracting and using sea water for inland production, trading and service provision with a volume from 1,000,000 m3/24 hours to less than 2,000,000 m3/24 hours.

14. A fine ranging from VND 230,000,000 to VND 250,000,000 shall be imposed for one of the following acts of extracting and using water resources without a license:

a) Extracting and using groundwater for production, trading and service provision with a volume of at least 12,000 m3/24 hours;

b) Extracting and using surface water for trading, service provision and non-agricultural production with a volume of at least 800,000 m3/24 hours;

c) Extracting and using surface water for electricity generation with an installed capacity of at least 50,000 kW;

d) Extracting and using sea water for inland production, trading and service provision with a volume of at least 2,000,000 m3/24 hours.

15. Fines imposed for exploration, extraction and use of water resources with an unexpired license expired are the same as those imposed for corresponding acts without a license as prescribed in Clauses 2 , 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of this Article.

16. Remedial measures:

The violator is compelled to:

a) return the illegal benefits obtained from the violations prescribed in this Article;

b) adopt remedial measures against environmental pollution, degradation or depletion of water resources if any of the violations in this Article causes pollution and/or degradation of water quality and decrease in water quantity.

Best regards!