What are types of water resource exploitation permits in Vietnam? What is the validity period of a water resource exploitation permit in Vietnam?

What are types of water resource exploitation permits in Vietnam? What is the validity period of a water resource exploitation permit in Vietnam?

What are types of water resource exploitation permits in Vietnam?

Pursuant to Clause 2 Article 52 of the Law on Water Resources in 2023, water resource exploitation permits consist of:

- Surface water exploitation permit;

- Groundwater exploitation permit;

- Seawater exploitation permit.

What are types of water resource exploitation permits in Vietnam? What is the validity period of a water resource exploitation permit in Vietnam? - image from internet

What is the validity period of a water resource exploitation permit in Vietnam?

Pursuant to Clause 1 Article 54 of the Law on Water Resources in 2023 stipulating validity period of water resource exploitation permits and groundwater exploration permits:

Validity period of water resource exploitation permits and groundwater exploration permits

1. Validity period of a water resource exploitation permit is prescribed as follows:

a) A surface water exploitation permit is valid for at least 05 years but no more than 10 years and may be extended as many times as necessary, up to 05 years for each extension;

b) A seawater exploitation permit is valid for at least 10 years but no more than 15 years and may be extended as many times as necessary, up to 10 years for each extension;

c) A groundwater exploitation permit is valid for at least 03 years but no more than 05 years and may be extended as many times as necessary, up to 03 years for each extension;

d) If an organization or individual applies for issuance of a permit whose validity period is shorter than the minimum period specified in points a, b and c of this clause, the permit shall be valid for the period written on the application form and may be extended as many times as necessary. Each extension shall not exceed the validity period of the previously issued and extended permit.

2. A groundwater exploration permit is valid for 02 years and may be extended once up to 01 year. If an organization or individual applies for issuance or extension of a permit with a shorter validity period, the permit to be issued or extended shall be valid for the validity period written on the application form.

3. In the event that an application form for extension of the water resource exploitation permit is submitted 45 days prior to the expiry date of such permit, the effective date of the extended permit shall be the day after the expiry date of the old permit.

As regulated above, validity period of a water resource exploitation permit is prescribed as follows:

- A surface water exploitation permit is valid for at least 05 years but no more than 10 years;

- A seawater exploitation permit is valid for at least 10 years but no more than 15 years;

- A groundwater exploitation permit is valid for at least 03 years but no more than 05 years;

If an organization or individual applies for issuance of a permit whose validity period is shorter than the minimum period, the permit shall be valid for the period written on the application form and may be extended as many times as necessary. Each extension shall not exceed the validity period of the previously issued and extended permit.

Which agencies are responsible for receiving declarations of exploitation of groundwater by households for domestic purposes in Vietnam?

Pursuant to Article 53 of the Law on Water Resources in 2023 stipulating power and procedures for declaration, registration and licensing of exploration, exploitation and use of water resources:

Power and procedures for declaration, registration and licensing of exploration, exploitation and use of water resources

Power and procedures for granting, extending, adjusting, re-issuing, approving the return of, suspending, invalidating and revoking water resource exploitation permits and groundwater exploration permits and declaration and registration of exploitation and use of water resources are regulated as follows:

1. The Ministry of Natural Resources and Environment shall issue, extend, adjust, re-issue, approve the return of, suspend, invalidate and revoke water resource exploitation permits and groundwater exploration permits for large-scale water exploitation structures; water exploitation structures having inter-regional and inter-provincial impacts;

2. Provincial People’s Committees shall issue, extend, adjust, re-issue, approve the return, suspend, invalidate and revoke water resource exploitation permits and groundwater exploration permits in cases other than those specified in clause 1 of this Article; organize the declaration of exploitation and use of surface water and seawater;

3. District-level People’s Committees shall organize the registration of groundwater exploitation;

4. Communal People’s Committees shall receive declarations of exploitation of groundwater by households for domestic purposes;

5. The Government shall elaborate this Article; promulgate regulations on procedures for declaring the exploitation of groundwater by households, registering the exploitation and use of water resources; regulations on issuance, extension, adjustment, re-issuance, approval for return, suspension, invalidation and revocation of water resource exploitation permits and groundwater exploration permits.

As regulated above, communal People’s Committees shall receive declarations of exploitation of groundwater by households for domestic purposes.

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