Regulations on groundwater drilling practicing in Vietnam under Decree 54/2024/ND-CP

Regulations on groundwater drilling practicing in Vietnam under Decree 54/2024/ND-CP (Image from the internet)

Regulations on groundwater drilling practicing in Vietnam under Decree 54/2024/ND-CP

On May 16, 2024, the Government of Vietnam issued Decree No. 54/2024/ND-CP on groundwater drilling practicing, water resource-related declaration, registration, licensing and services and fees for water resource exploitation right in Vietnam.

The regulations on groundwater drilling practicing are provided in Section I, Chapter III of Decree No. 54/2024/ND-CP.

*Groundwater drilling practicing scale and validity period of license to practice groundwater drilling in Vietnam

- The scale of groundwater drilling practicing is regulated as follows:

+ Small-scale groundwater well drilling is defined as the practice of drilling and installing groundwater well casings or screens with a diameter not exceeding 110 mm and structures with a discharge rate of less than 200 m³/day and night;

+ Medium-scale groundwater well drilling is defined as the practice of drilling and installing groundwater well casings or screens with a diameter not exceeding 250 mm and structures with a discharge rate from 200 m³/day and night to under 3,000 m³/day and night;

+ Large-scale groundwater well drilling includes cases not regulated in points a and b of clause 1, Article 30 of Decree No. 54/2024/ND-CP.

- Organizations and individuals issued licenses to practice groundwater well drilling at a specific scale are permitted to practice at that scale and smaller scales; they are also allowed to practice drilling and installing boreholes and wells in groundwater exploration, evaluation, and exploitation projects, and other drilling works with corresponding diameters as per the regulation in clause 1, Article 30 of Decree No. 54/2024/ND-CP.

Organizations and individuals granted a license to practice groundwater well drilling are entitled to engage in drilling practices nationwide.

- The validity period of the license to practice groundwater drilling in Vietnam

The maximum validity period for the license to practice groundwater drilling in Vietnam is 10 years and it can be renewed multiple times, each renewal not exceeding 5 years.

(Article 30 of Decree No. 54/2024/ND-CP)

*Conditions for Issuing a license to practice groundwater drilling in Vietnam

- There must be an establishment decision from a competent authority or one of the following types of business registration certificates, business registration, and taxpayer registration, enterprise registration certificate for organizations, or household business registration certificate for groups of individuals or households issued by a competent state authority.

- The head of the organization or the person responsible for technical matters (hereinafter referred to as the principal technical responsible person) must meet the following conditions:

+ For small-scale groundwater well drilling:

Possessing at least a secondary-level diploma in geology, drilling, or a drilling worker with a skill level of 3/7 or higher.

In cases where none of the aforementioned qualifications are available, the applicant must have directly carried out at least 3 groundwater well drilling projects;

+ For medium-scale groundwater well drilling:

Possessing at least a secondary-level diploma in geology, drilling. Additionally, must have directly participated in compiling at least 01 exploration project report, designing a well exploitation system, or supervising the construction of at least 3 groundwater well drilling projects with a discharge rate of 200 m³/day or more;

+ For large-scale groundwater well drilling:

Possessing at least a university degree in geology, drilling. Additionally, must have directly participated in compiling at least 3 exploration project reports, designing well exploitation systems, or supervising the construction of at least 3 groundwater well drilling projects with a discharge rate of 3,000 m³/day or more.

(Article 31 of Decree No. 54/2024/ND-CP)

*Requirements for Organizations and Individuals Practicing Groundwater Well Drilling

- Organizations and individuals practicing groundwater well drilling are obligated to:

+ Implement measures to ensure the safety of people and groundwater well drilling structures;

+ Avoid causing land subsidence, saltwater intrusion, and contamination of aquifers;

+ Undertake other measures to protect groundwater and the environment.

- Comply with drilling technical procedures and regulations on groundwater protection; ensure the principal technical responsible person is present on-site to supervise during the drilling and installation of groundwater wells; in case of land subsidence or other unusual incidents affecting construction structures and the local community, halt the drilling operations immediately and address the issue promptly, assume full liability for compensation for any damages to people and property caused by the incident, and report immediately to local authorities, the Department of Natural Resources and Environment of the area where the project is located, and the licensing authority.

- Submit a written notification about the location, scale of the groundwater drilling project, and the expected construction period to the communal People's Committee and the Department of Natural Resources and Environment of the area where the project is located at least 9 days before commencing construction.

- Within 30 days after completing the construction, update the geological and stratigraphic data at the drilling locations into the National Water Resource Information System and Database.

- Notify the licensing authority in writing no later than 30 days in case of changes to the principal technical responsible person, accompanied by documents proving the competency of the new principal technical responsible person as regulated in Article 31 of Decree No. 54/2024/ND-CP.

- Annually, before January 30 of the following year, summarize the completed groundwater drilling projects according to Form 56 attached to Decree No. 54/2024/ND-CP and report to the licensing authority.

(Article 33 of Decree No. 54/2024/ND-CP)

Licensing groundwater drilling practicing

- The dossier for licensing a groundwater drilling practicing includes:

+ Application form;

+ The original or a certified copy or a copy accompanied by the original for verification, or an electronically authenticated copy from the original, or a photocopy certified by the issuing authority of the principal technical responsible person’s qualifications and certificates as regulated by law and the labor contract between the licensing applicant organization/individual and the principal technical responsible person;

+ A declaration of professional experience in groundwater well drilling activities from the principal technical responsible person of the licensing applicant organization/individual;

+ Forms for application and professional experience declarations for the principal technical responsible person prepared according to Form 49 and Form 52 attached to Decree No. 54/2024/ND-CP.

- Licensing procedures

+ The licensing applicant organization/individual submits 01 set of dossiers directly or via the postal service, or send an electronic copy through the online public service system to the licensing dossier receiving authority;

+ Within 3 working days from the date of receiving the dossier, the licensing dossier receiving authority shall review and verify the completeness and validity of the dossier. If the dossier is deemed invalid, the receiving authority shall return the dossier and notify the licensing applicant organization/individual, clearly stating the reasons;

If the dossier is valid, the receiving authority shall transfer the dossier to the appraisal authority as per clause 3, Article 32 of Decree No. 54/2024/ND-CP for appraisal;

+ Within 21 days from the date of receiving a complete dossier as specified in point b of clause 2, Article 34 of Decree No. 54/2024/ND-CP, the appraisal authority shall issue a notification for appraisal fee payment to the licensing applicant organization/individual and appraise the licensing dossier.

In necessary cases, the appraisal authority may conduct on-site inspections of the practice conditions and professional technical competencies of the licensing applicant organization/individual or request local water resource specialists where the licensing applicant organization/individual is based to carry out the inspection. The requested inspection agency must inspect and respond in writing to the appraisal authority within 9 days from receiving the inspection request.

+ If licensing conditions are met, the appraisal authority shall submit the dossier to the competent state agency for licensing; if not, the dossier shall be returned to the licensing applicant organization/individual with a written explanation;

+ In cases requiring dossier amendment and supplementation to complete the dossier, the appraisal authority shall send a written notification specifying the areas requiring amendment to the licensing applicant organization/individual. The time taken for dossier completion and on-site inspections shall not be included in the dossier appraisal period. The appraisal period after the dossier is fully supplemented is 14 days.

Herein are some of the regulations on practicing groundwater well drilling as prescribed in Decree No. 54/2024/ND-CP which comes into force in Vietnam from July 1, 2024.

Le Nguyen Anh Hao

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