What are water resources licences in Vietnam?

What are water resources licences in Vietnam?

Pursuant to Article 15 of the Decree 02/2023/NĐ-CP (effective from 20/03/2023) stipulating water resources licences in Vietnam as follows:

Water resources licences

1. Water resources licences include: groundwater exploration licence; licence for surface water exploitation and use; licence for groundwater exploitation and use; licence for sea water exploitation and use.

2. Each water resources licence has the following contents:

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

b) Name and address of the work for water exploration and exploitation;

c) The explored and exploited water source;

d) Scale, capacity, flow rates, key parameters of the work for water exploration and exploitation; the use purpose for the license for water exploitation and use;

dd) Regimes and methods for water exploitation and use;

e) The licence validity period;

g) Specific requirements for each case of water resources exploration, exploitation and use prescribed by the licence issuer in order to protect water sources, ensure legal rights and interests of other relevant organizations and individuals;

h) Rights and obligation of the licence-holder.

As regulations above, water resources licences in Vietnam include:

- Groundwater exploration licence

- Licence for surface water exploitation and use

- Licence for groundwater exploitation and use

- Licence for sea water exploitation and use

What are principles of issuance of licenses for exploration, exploitation and use of water resources in Vietnam?

Pursuant to Article 18 of the Decree 02/2023/NĐ-CP (effective from 20/03/2023) stipulating principles of issuance of licenses for exploration, exploitation and use of water resources in Vietnam as follows:

- Compliance with regulations on authority, subjects and procedures as prescribed by law.

- Protection of state interests, legal rights and benefits of relevant organizations and individuals; protect water resources and environment as prescribed by law.

- Prioritized licensing for exploration, exploitation and use of water resources for domestic use.

- No depletion or pollution of water sources when conducting exploration, exploitation and use of water resources.

- Compliance to the approved relevant water resources planning, provincial planning as well as specialized planning and regulations on restricted groundwater exploitation areas.

What are bases for issuance of licenses for exploration, exploitation and use of water resources in Vietnam?

Pursuant to Article 19 of the Decree 02/2023/NĐ-CP (effective from 20/03/2023) stipulating bases for issuance of licenses for exploration, exploitation and use of water resources in Vietnam as follows:

Bases for licence issuance

1. The water resources licence issuance must be based on:

a) Socio-economic development strategies and planning for of nations, sectors and areas;

b) Relevant water resources planning, provincial planning, regulations on restricted groundwater exploitation areas and specialized planning approved by competent authorities; in case such planning and regulations are not issued, it must be based on water source capacity and make sure the water source is not depleted or polluted;

c) The status of exploitation and use of water in areas

d) Assessment reports of competent regulatory agencies on applications for issuance of licences for water resources exploration, exploitation and use;

dd) Demands for water exploitation and use specified in application forms.

2. In case of issuance of licences for groundwater exploration, exploitation and us, apart from bases prescribed in Clause 1 of this Article, it must also be based on the regulations in Clause 4 Clause 5 Article 52 of the Law on Water Resources.

As regulations above, bases for issuance of licenses for exploration, exploitation and use of water resources in Vietnam are:

+) Socio-economic development strategies and planning for of nations, sectors and areas;

+) Relevant water resources planning, provincial planning, regulations on restricted groundwater exploitation areas and specialized planning approved by competent authorities; in case such planning and regulations are not issued, it must be based on water source capacity and make sure the water source is not depleted or polluted;

+) The status of exploitation and use of water in areas

+) Assessment reports of competent regulatory agencies on applications for issuance of licences for water resources exploration, exploitation and use;

+) Demands for water exploitation and use specified in application forms.

+) Beside, it is also based on:

++ Limit the exploitation of underground water in the following areas:

Areas with surface water sources capable of stably meeting water demand; Areas where the groundwater level is continuously declining and at risk of being excessively lowered; Areas at risk of land subsidence, subsidence, saline intrusion, increased pollution due to underground water exploitation; Areas with contaminated underground water sources or signs of pollution but no quality treatment technology solutions; Urban areas, concentrated residential areas in rural areas, concentrated industrial zones and clusters, and craft villages already have centralized water supply systems and water supply services to ensure that they meet quality and quantity requirements.

++ Forms of restricting groundwater exploitation include:

Restrictions on objects and purposes of exploitation; Limits on traffic and exploitation time; Limited number of works, depth, aquifers exploited.

Best regards!