Validity period of water resource exploitation permits and groundwater exploration permits in Vietnam

Validity period of water resource exploitation permits and groundwater exploration permits in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

Validity period of water resource exploitation permits and groundwater exploration permits in Vietnam

* Validity period of a water resource exploitation permit is prescribed as follows:

- A surface water exploitation permit is valid for at least 05 years but no more than 10 years and may be extended as many times as necessary, up to 05 years for each extension;

- A seawater exploitation permit is valid for at least 10 years but no more than 15 years and may be extended as many times as necessary, up to 10 years for each extension;

- A groundwater exploitation permit is valid for at least 03 years but no more than 05 years and may be extended as many times as necessary, up to 03 years for each extension;

- If an organization or individual applies for issuance of a permit whose validity period is shorter than the minimum period specified above, the permit shall be valid for the period written on the application form and may be extended as many times as necessary. Each extension shall not exceed the validity period of the previously issued and extended permit.

* A groundwater exploration permit is valid for 02 years and may be extended once up to 01 year. If an organization or individual applies for issuance or extension of a permit with a shorter validity period, the permit to be issued or extended shall be valid for the validity period written on the application form.

(Article 54 of the Law on Water Resources 2023)

Bases for issuing water resource exploitation permits and groundwater exploration permits in Vietnam

A water resource exploitation permit or groundwater exploration permit shall be issued on the following bases:

- Water resource-related planning; national sector planning, provincial planning, specialized and technical planning containing contents related to the exploitation and use of water resources; supply capacity of water sources;

- Status of exploitation and use of water resources in the region; requirements for water resource protection;

- Appraisal result given by the competent authority regarding the application for issuance of the water resource exploitation permit or groundwater exploration permit according to regulations promulgated by the Government;

- Demands for exploitation and use of water resources stated in the application form.

In the case of issuing a groundwater exploitation permit or groundwater exploration permit, it is required to rely on the bases specified in Article 30 and clause 4 Article 31 of the Law on Water Resources 2023.

(Article 56 of the Law on Water Resources 2023)

Conditions for issuing water resource exploitation permits and groundwater exploration permits in Vietnam

(1) An organization or individual will be issued with a water resource exploitation permit if the following conditions are met:

- The obtainment of opinions is completed as prescribed in clause 8 Article 52 of the Law on Water Resources 2023;

- The exploitation of water resources complies with the regulations set out in point a clause 1 Article 56 of the Law on Water Resources 2023; the exploitation of groundwater complies with regulations on areas prohibited and restricted from groundwater exploitation as prescribed in Article 31 of the Law on Water Resources 2023;

- Requirements for protection, exploitation and use of water resources, prevention of, response to and recovery from damage caused by water prescribed in the Law on Water Resources 2023 are satisfied;

- Information and data used to set up projects and make reports are adequate and accurate.

(2) An organization or individual will be issued with a groundwater exploration permit if the following conditions are met:

- There is a plan to construct items for exploration of water resources which satisfies groundwater protection requirements and complies with regulations on areas prohibited and restricted from groundwater exploitation as prescribed in Article 31 of the Law on Water Resources 2023;

- Information and data used to set up projects are adequate and accurate.

(3) In addition to satisfying the regulations set forth in clause (1), point b clause 3 Article 50 of the Law on Water Resources 2023, a surface water exploiting organization building a dam or reservoir on a river or stream shall satisfy the following conditions:

- A plan to provide equipment and human resources is available to carry out hydrometeorological monitoring, forecast reservoir inflows, operate the reservoir, monitor water resources and supervise water resource exploitation;

- There have been reservoir operation procedures established under regulations of law on management of safety of dams and reservoirs in the case where a work is available.

(Article 57 of the Law on Water Resources 2023)

More details can be found in the Law on Water Resources 2023, effective from July 1, 2024, except for the following cases:

- The fee for right to exploit water resources to be supplied for domestic activities as prescribed in point b clause 1 Article 69 of the Law on Water Resources 2023 shall be charged from July 01, 2025.

- The exploitation of groundwater by households as prescribed in clause 4 Article 52 of the Law on Water Resources 2023 shall be registered from July 01, 2026.

The Law on Water Resources 2012 expires from July 1, 2024, except for the cases specified in Clauses 1, 3 and 5, Article 86 of the Law on Water Resources 2023.

Ho Quoc Tuan

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