Penalties for exploitation and use of underground water without licenses in Vietnam

Penalties for exploitation and use of underground water without licenses in Vietnam (Internet image)

Exploring, exploiting and using underground water in Vietnam

According to Clause 4, Article 2 of the Law on Water Resources 2012, underground water means water existing in underground aquifers.

Pursuant to Clause 1, Clause 2, Clause 4, Article 52 of the Law on Water Resources 2012, regulations on exploration and exploitation of underground water are as follows:

- Organizations, individuals exploring underground water must have permit of competent state agencies.

- Organizations, individuals exploiting, using underground water must have permit granted by competent state agencies, except for case specified in clause 1 and clause 2, Article 44 of the Law on Water Resources 2012.

- To restrain exploitation of underground water in the following areas:

+ Areas having surface water sources have capacity to satisfy stably for demands on using water;

+ Areas having underground water level being consecutively declined and having hazard of being decreased excessively;    

+ Areas having hazard of land subsidence, saline infiltration, increasing pollution due to exploitation of underground water;

+ Areas having underground water sources being polluted or having signal of pollution but have not yet technological solution to process ensuring quality;

+ The urban areas, concentrated residential areas in rural, concentrated industrial areas or clusters, trade villages which had system of supply of water in concentration and service of water supply that ensure satisfying requirement of quality, quantity.

In addition, pursuant to Clause 1, Article 35 of the Law on Water Resources 2012, organizations, individuals exploring, exploiting underground water must implement measures to protect underground water, fill in wells after using or being broken down.

Penalties for exploitation and use of underground water without licenses in Vietnam

According to Clause 8, Article 9 of the Law on Water Resources 2012, prohibited acts include exploring, exploiting, using water resources, discharging sewage into water sources and practice drilling of underground water unlawfully.

Pursuant to Article 10 of Decree 36/2020/ND-CP on violations against regulations on licenses to explore, extract and use water resources:

- A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed for failure to provide sufficient and accurate data/information about water resources in areas where water resources are explored, extracted and used to the competent authority as requested.

- A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

+ Failure to submit reports on exploration, extraction and use of water resources to the competent authority as prescribed by law;

+ Untruthfully and insufficiently submitting reports on exploration, extraction and use of water resources to the competent authority and failure to comply with reporting regulations;

+ Failure to provide explanation to the licensing authority if the amount of water actually extracted by the license holder is smaller than 70% of the licensed amount in a 12 consecutive month period.

- If the amount of water extracted/used exceeds the licensed amount, fines prescribed in Clauses 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 Article 9 of Decree 36/2020/ND-CP shall be imposed for exceeding the amount of water extracted/used.

- A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for any of the following violations:

+ Extracting and using water resources for purposes other than the licensed ones;

+ Extracting and using water resources against the regulations specified in the license;

+ Extracting and using water resources at locations/co-ordinates other than those specified in the license;

+ Extracting and using surface water from the water sources other than the licensed ones;

+ Extracting and using groundwater from the aquifers other than the licensed ones;

+ Constructing items serving groundwater exploration with a volume exceeding 10% of the approved volume.

- A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following violations:

+ Failure to implement measures to ensure safety, prevention and remedy against negative incidents occurred in course of water exploration, extraction and use;

+ Extracting and using groundwater with the rough water level higher than the licensed rough water level as prescribed.

- A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for violations against regulations of the license except for the violations specified in Clauses 1, 2, 3, 4 and 5 of Article 10 of Decree 36/2020/ND-CP.

- A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for exploring, extracting and using water resources during the license suspension period.

- A fine ranging from VND 60,000,000 to VND 70,000,000 shall be imposed for any of the following violations:

+ Committing any of the violations specified in Clauses 3, 4 and 5 of Article 10 of Decree 36/2020/ND-CP upon extraction, use and exploration of groundwater, thereby resulting in subsidence, pollution or saltwater intrusion into aquifers or seriously affect operation of groundwater extraction works by the people;

+ Committing any of the violations specified in Point a Clause 4, Point b Clause 4, Point d Clause 4 and Point b Clause 5 of Article 10 of Decree 36/2020/ND-CP upon extraction and use of surface water, thereby affecting the extraction and use of other types of water or resulting in floods, artificial waterlogging, droughts or water scarcity or increase in saltwater intrusion, thereby influencing production and daily activities of the people in the lowland.

In addition, in Clause 9, Article 10 of Decree 36/2020/ND-CP on additional sanctions for prohibited acts, includingExploration, exploitation, and use of water resources, discharge of wastewater into water sources, and illegal underground water drilling practices are deprivations of the right to use permits for exploration, exploitation, and use of water resources for a period of from 01 month to 03 months, for violations specified in Clause 8, Article 10 of Decree 36/2020/ND-CP.

In addition, in Clause 10, Article 10 of Decree 36/2020/ND-CP stipulating remedial measures for prohibited acts including exploration, exploitation, use of water resources, and discharge of wastewater illegally entering water sources and practicing underground water drilling, it is forced to take measures to remedy pollution, degradation, and depletion of water sources for the violations specified in Clauses 4 and 5, Article 10 Decree 36/2020/ND-CP which pollute and degrade the quality and quantity of water sources.

Nguyen Pham Nhut Tan

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