What are the cases not required to declare or license the exploitation of water resources in Vietnam as of July 1, 2024?

What are the cases not required to declare or license the exploitation of water resources in Vietnam as of July 1, 2024? (Internet image) 

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

What are the cases not required to declare or license the exploitation of water resources in Vietnam as of July 1, 2024? 

An organization or individual in Vietnam is not required to declare or license the exploitation of water resources and register the exploitation and use of water resources in the following cases:

(1) Exploit water for cultural activities, religious activities, practices of folk beliefs, fire preventing and fighting, national defense and security purposes, plant watering and road cleaning for public purposes;

(2) Exploit surface water on a small scale to be used for agricultural production and aquaculture;

(3) Exploit surface water on a small scale to be used for purposes other than those specified in points a and b of this clause and point dd clause 5 of Article 52 of the Law on Water Resources 2023;

(4) Exploit water for domestic activities in areas in the event of a drought, water scarcity, saltwater intrusion, pollution incident or epidemics announced by competent authorities according to the provisions of law;

(5) Exploit seawater to be used for saltwater production;

(6) Exploit seawater to serve activities at sea;

(7) Exploit seawater on a small scale to be used for production, business, service provision and aquaculture on islands or mainland;

(8) Use river, stream, canal, ditch and reservoir water surface for aquaculture, business, and service provision on a small scale;

(9) Dig lakes, ponds, canals and ditches on a small scale to create space to collect, store and convey water, and create landscapes;

(10) The use of water surface within hydraulic structure protection corridors shall comply with regulations of law on irrigation;

(11) Other cases prescribed by the Government.

(Clause 3, Article 52 of the Law on Water Resources 2023)

Power and procedures for declaration, registration and licensing of exploration, exploitation and use of water resources in Vietnam

Power and procedures for granting, extending, adjusting, re-issuing, approving the return of, suspending, invalidating and revoking water resource exploitation permits and groundwater exploration permits and declaration and registration of exploitation and use of water resources are regulated as follows:

(1) The Ministry of Natural Resources and Environment shall issue, extend, adjust, re-issue, approve the return of, suspend, invalidate and revoke water resource exploitation permits and groundwater exploration permits for large-scale water exploitation structures; water exploitation structures having inter-regional and inter-provincial impacts;

(2) Provincial People’s Committees shall issue, extend, adjust, re-issue, approve the return, suspend, invalidate and revoke water resource exploitation permits and groundwater exploration permits in cases other than those specified in (1); organize the declaration of exploitation and use of surface water and seawater;

(3) District-level People’s Committees shall organize the registration of groundwater exploitation;

(4) Communal People’s Committees shall receive declarations of exploitation of groundwater by households for domestic purposes;

(5) The Government shall elaborate this Article; promulgate regulations on procedures for declaring the exploitation of groundwater by households, registering the exploitation and use of water resources; regulations on issuance, extension, adjustment, re-issuance, approval for return, suspension, invalidation and revocation of water resource exploitation permits and groundwater exploration permits.

(Article 53 of the Law on Water Resources 2023)

Prohibited acts under the Law on Water Resources 2023

Specifically, in Article 8 of the Law on Water Resources 2023, prohibited acts include:

- Dumping wastes and garbage, dumping or leaking hazardous substances or discharging hazardous emissions into water sources.

- Discharging wastewater into groundwater sources; discharging wastewater that has yet to be treated in accordance with environmental technical regulation on wastewater into surface water sources and seawater.

- Discharging wastewater and introducing wastes into domestic water safeguard zones.

- Illegally exploring, exploiting and using water resources, practicing groundwater drilling.

- Encroaching on rivers, streams, canals or ditches or carrying out river, stream, ditch or channel reclamation, unless otherwise prescribed by law; placing obstructions or obstacles, building architectures or planting trees, thus hindering flood drainage and water flow of rivers, streams, reservoirs, canals or ditches but taking no remedial measures.

- Illegally exploiting sand, gravel, sludge, soil and other types of minerals in rivers, streams, canals, ditches or lakes within water source protection corridors; carrying out drilling or digging operations, building houses, architectural objects or conducting within water source protection corridors, thereby resulting in river, stream, canal, ditch or lake bank erosion.

- Destroying facilities intended for protection, regulation or storage of water, exploitation, use, monitoring and surveillance of water resources, facilities intended prevention of, response to and recovery from damage caused by water.

- Falsifying information and data on water resources.

- Failure to comply with procedures for operating reservoirs and inter-reservoirs promulgated by competent authorities.

- Building dams, reservoirs or facilities for water regulation or storage or water source development in contravention of water resource-related planning, provincial planning and other relevant planning.

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