After the invalidation duration of the water resource exploitation permit, may the permit holders continue to their permits in Vietnam?

After the invalidation duration of the water resource exploitation permit, may the permit holders continue to their permits in Vietnam? (Image from the internet)

1. Contents of groundwater exploration permit, water resource exploitation permit in Vietnam

From July 1, 2024, Decree 54/2024/ND-CP comes into effect in Vietnam. According to Article 6 of Decree 54/2024/ND-CP, the contents of groundwater exploration permits and water resource exploitation permits in Vietnam

- Main contents of the groundwater exploration permit include:

+ Name and address of the organization or individual granted the permit;

+ Purpose of groundwater exploration;

+ Scope of groundwater exploration;

+ Location of the groundwater exploration project;

+ Number of wells, well depth, and aquifer to be explored;

+ permit term;

+ Requirements and obligations in the groundwater exploration process.

- Main contents of the water resource exploitation permit include:

+ Name and address of the organization or individual granted the permit;

+ Name and location of the water exploitation project;

+ Purpose of water exploitation;

+ Water source to be exploited;

+ Scale, capacity, and extraction flow rate;

+ Regime and method of water exploitation (number of hours and days of exploitation per year corresponding to each scale, capacity, and extraction flow rate proposed for licensing);

+ permit term;

+ Specific requirements and conditions for each case of water resource exploitation set by the licensing authority to regulate, distribute water resources, protect water sources, and ensure the legitimate rights and interests of other relevant organizations and individuals, clearly stating the contents under normal conditions allowing maximum exploitation of water as per the water resource exploitation permit. In case of drought or water shortage, compliance is required to reduce the exploitation amount according to the water resource exploitation quota and the water regulation and distribution plan issued by a competent state authority;

+ Rights and obligations of the permit holder.

2. After the invalidation duration of the water resource exploitation permit, may the permit holders continue to their permits in Vietnam?

According to Clause 4, Article 11 of Decree 54/2024/ND-CP, when the invalidation duration ends but the licensing authority does not issue any other decision, the permit holder may continue to exercise their own rights and obligations.

Thus, when the invalidation duration ends but the licensing authority does not issue any other decision, the permit holder may continue to use their permits.

Additionally, Clauses 1, 2, and 3, Article 11 of Decree 54/2024/ND-CP also stipulate the invalidation of permits as follows:

- The permit is suspended when the permit holder has one of the following violations:

+ Violates the provisions in the permit causing severe pollution or depletion of water sources;

+ Exploits groundwater causing land subsidence, deformation of the project, saltwater intrusion, severe depletion, or pollution of water sources;

+ Operates reservoirs or dams causing artificial floods, inundations severely affecting the production and livelihood of people upstream and downstream of the reservoir or dam;

+ Fails to fulfill financial obligations as prescribed;

+ Misuses the permit to organize activities in violation of the law.

- The invalidation duration of the permit:

+ Not more than 3 months for groundwater exploration permits;

+ Not more than 12 months for water resource exploitation permits.

- During the invalidation duration of the permit, the permit holder does not have the rights related to the permit and must take measures to remedy the consequences and compensate for damages (if any) as prescribed by law.

3. Responsibilities of organizations and individuals paying fees for water resource exploitation right in Vietnam

According to Article 56 of Decree 54/2024/ND-CP, the responsibilities of organizations and individuals paying fees for water resource exploitation right in Vietnam are stipulated as follows:

- Pay water resource exploitation fees on time according to the tax authority's notice.

- In case there is a need to adjust the increase or decrease in the number of payments or the amount to be paid each time, a written request must be sent to the local Tax Department that issued the notice.

- In case of late payment of water resource exploitation fees to the state budget after the prescribed deadline, in addition to the amount payable as per the notice, a fine and late payment interest must be paid according to the tax management law.

Nguyen Minh Khoi

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