Guidance on implementing documents detailing the the enforcement of the Law on Water Resources 2023 of Vietnam

Guidance on implementing documents detailing the the enforcement of the Law on Water Resources 2023 of Vietnam
Trần Thanh Rin

Recently, the Ministry of Natural Resources and Environment of Vietnam has issued Official Dispatch 3263/BTNMT-TNN on guidelines for implementing documents detailing the implementation of the Law on Water Resources 2023.

Guidance on implementing documents detailing the enforcement of the Law on Water Resources 2023 of Vietnam

Guidance on implementing documents detailing the enforcement of the Law on Water Resources 2023 of Vietnam (Internet image)

Guidance on implementing documents detailing the enforcement of the Law on Water Resources 2023 of Vietnam

To implement the legislative documents mentioned above and concurrently organize the implementation of the Plan for implementing the Law on Water Resources 2023 (Decision 274/QD-TTg dated April 2, 2024, of the Prime Minister), the Ministry of Natural Resources and Environment respectfully requests the People's Committees of provinces and centrally-run cities (hereinafter referred to as provincial People's Committees) to direct the relevant departments, ministerial authorities, central authorities, People's Committees of districts, and communes to focus on implementing the following key tasks:

(1) Directing the Department of Natural Resources and Environment to take the lead, coordinate with departments, ministerial authorities, central authorities, People's Committees of districts, and communes to conduct research, thoroughly grasp, train, and widely disseminate through the media or other appropriate forms, with a focus on disseminating to organizations and individuals exploiting and using water resources within the province to ensure strict compliance with the provisions of the Law, 2 Decrees (Decree 53/2024/ND-CP, Decree 54/2024/ND-CP), and 3 Circulars (Circular 03/2024/TT-BTNMT, Circular 04/2024/TT-BTNMT, Circular 05/2024/TT-BTNMT).

(2) Reviewing and improving the relevant regulations on state management of water resources at the local level to ensure compliance with the provisions of Decree 53/2024/ND-CP, Decree 54/2024/ND-CP, Circular 03/2024/TT-BTNMT, Circular 04/2024/TT-BTNMT, Circular 05/2024/TT-BTNMT, taking into account the regulations related to prohibited areas, restricted areas of underground water exploitation (the Ministry has issued Document 3201/BTNMT-TNN dated May 20, 2024); establishing and managing water source protection corridors; regulating and allocating water resources; preventing and mitigating damages caused by water; issuing, renewing, adjusting... water resource permits; zoning the functions of surface water sources; determining and organizing the announcement of sanitary protection zones for water supply areas; determining and adjusting minimum flow rates; protecting groundwater...

(3) Continuously directing the review and urging organizations and individuals to exploit and use water resources that are required to register or urgently obtain permits to comply with the procedures for registration or submission of applications for permits to the competent state agencies in accordance with the provisions of the law.

Directing the review and urging organizations and individuals to exploit and use water resources that have been granted permits, but have not submitted the declaration documents for the payment of water resource exploitation fees, to urgently submit the declaration documents for the payment of water resource exploitation fees to the competent state agencies in accordance with the provisions of the law to ensure the strictness and equality of the law, avoid resource losses, and avoid revenue loss for the State budget.

(4) Directing the People's Committees of districts to confirm the registration of underground water exploitation; the commune People's Committees to receive declarations of household groundwater exploitation for domestic purposes according to the authority specified in Decree 54/2024/ND-CP.

Based on the requirements of the work, implementation capabilities, resources, practical conditions, and specific situations, decide on the delegation, authorization to the Department of Natural Resources and Environment at the provincial level to issue, extend, adjust, reissue, approve the return, temporarily suspend, suspend, and revoke water resource exploitation permits, permits for groundwater exploration in accordance with the provisions of the Law on Organization of Local Government.

(5) Directing the Department of Natural Resources and Environment to promptly update information on water resource permits at the website https://gstnn-gp.monre.gov.vn as requested in Document 638/BTNMT-TNN dated March 10, 2023, by the Ministry of Natural Resources and Environment (for departments that have not updated yet) and continue to update within a maximum of 5 working days from the date of issuance for new permits granted by the provincial People's Committees (for departments that have already updated).

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