Conditions for granting a water resource permit from March 20, 2023 in Vietnam

What are the conditions for granting a water resource permit? What are the principles of licensing water resources in Vietnam? – Thuy Linh (Binh Duong, Vietnam)

Điều kiện cấp giấy phép tài nguyên nước từ ngày 20/03/2023

Conditions for granting a water resource permit from March 20, 2023 in Vietnam (Internet image)

1. Conditions for granting water resource permits from 20/03/2023 in Vietnam

* Organizations and individuals that are granted a water resource permit must satisfy the following conditions:

- Completing the notification and consultation with residential community representatives, relevant organizations, and individuals in accordance with the provisions of Decree 02/2023/ND-CP.

- Having a project, report in accordance with the master plan on water resources, provincial planning, regulations on restricted areas for underground water exploitation, and relevant specialized planning that have been approved or in accordance with the capacity of water sources if there are no plans and regulations for areas to limit groundwater exploitation. Plans and reports must be made by organizations or individuals that fully meet the capacity conditions as prescribed; the information and data used to make plans and reports must be complete, clear, accurate, and truthful.

The design plan of the work or work exploiting water resources must be suitable to the scale and subject of exploitation and meet the requirements for protection of water resources and the environment.

- For the case of exploitation and use of surface water with the construction of lakes or dams on rivers and streams, the requirements specified at Point b, Clause 2, Article 53 of the Law on Water Resources must be satisfied, the conditions specified at Point a. and point b of this clause and the following conditions:

+ Having a plan to arrange equipment and human resources to operate the reservoir, monitor and supervise water exploitation and use activities, the plan for meteorological and hydrological monitoring, the organization of forecasting the amount of water arriving at the reservoir to serve the reservoir's operation in the event of no construction;

+ There is a process of reservoir operation; having equipment, human resources, or a contract to hire a qualified organization or individual to operate the reservoir, observe and supervise water exploitation and use, and make meteorological and hydrological observations. and forecast the amount of water coming to the reservoir to serve the operation of the reservoir according to regulations in case there is already work.

* In case of exploration, exploitation, and use of water without a permit for water resources, the competent authority shall consider and decide to grant a permit for water exploitation and use when meeting the above licensing conditions.

The handling of violations caused by the exploration, exploitation, and use of water without a water resource permit shall comply with the law on sanctioning administrative violations in the field of water resources.

(Article 20 of Decree 02/2023/ND-CP)

2. Principles of licensing water resources from 20/03/2023 in Vietnam

Principles of licensing water resources from March 20, 2023 are specified in Article 18 of Decree 02/2023/ND-CP, including:

- Right authority, right subjects and order and procedures as prescribed by law.

- Protecting the state's interests as well as the lawful rights and interests of relevant organizations and individuals; protecting water resources and the environment in accordance with legal provisions.

- Prioritizing licensing of exploration, exploitation, and use of water resources to supply water for daily life.

- Not causing depletion or pollution of water sources when conducting exploration, exploitation, and use of water resources.

- Conforming to the approved master plan on water resources, provincial planning, relevant specialized planning, and regulations on restricted areas for underground water exploitation.

3. Grounds for granting water resource permits in Vietnam

- The licensing of water resources must be based on the following grounds:

+ National, branch, regional, and local socio-economic development strategies and planning;

+ Water resource planning, provincial planning, regulations restricting underground water exploitation, relevant specialized planning already approved by competent authorities; if there are no plans and regulations restricting underground water exploitation, it must be based on the capacity of water sources and ensure that it does not cause depletion or pollution of water sources;

+ The region's current state of water exploitation and use;

+ A report on appraisal of a competent state agency for the application for a license to explore, exploit, and use water resources;

+ The demand for water exploitation and use is stated in the application for a permit.

- In case of granting a license to explore, exploit, and use underground water, in addition to the above bases, it must also be based on the provisions of Clauses 4 and 5, Article 52 of the Law on Water Resources.

(Article 19 of Decree 02/2023/ND-CP)

Decree 02/2023/ND-CP takes effect from March 20, 2023.

Nguyen Thi Diem My

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