Procedures for issuance of licences for exploration, exploitation and use of water resources in Vietnam

Procedures for issuance of licences for exploration, exploitation and use of water resources in Vietnam (Internet image)

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

1. Procedures for issuance of licences for exploration, exploitation and use of water resources in Vietnam

Procedures for issuance of licences for exploration, exploitation and use of water resources in Vietnam according to Article 35 of Decree 02/2023/ND-CP are as follows:

- Receiving and examining an application:

+ Each organization or individual applying for issuance of a licence shall submit 01 application in person or by post or via the online public service portal and pay fees for processing the application as prescribed;

+ Within 03 working days after receiving the application, the receiving agency shall consider and examine the application. In case of lawlessness, the receiving agency shall notify the organization or individual applying for the licence issuance of supplementation and completion of the application as prescribed.

In case the supplemented application still fails to satisfy the requirements for licence issuance as prescribed, the receiving agency shall return the application and clarify the reasons to the organization or individual applying for the licence issuance.

- Appraising the scheme and report for exploration, exploitation and use of water resources specified in the application for the licence issuance (hereinafter collectively referred to as "scheme and report”):

+ Within 30 working days after fully receiving a valid application as prescribed in Clause 1 of Article 35 of Decree 02/2023/ND-CP, the receiving agency shall appraise its scheme and report; if necessary, a physical inspection may be carried out and an appraisal council may be established for appraising the scheme and report. In case the requirements for a licence issuance are fully satisfied, the receiving agency shall appeal to the competent authority to issue a licence; on the contrary, the application shall be returned to the organization or individual applying for the licence issuance and clarify the reasons for the return;

+ In need of a supplementation or a modification for completion of the scheme and report, the receiving agency shall send a notification to the organization or individual applying for the licence issuance and clarify contents needed to be supplemented to complete the scheme and report. The period for supplementation and completion of the scheme and report shall not be included in the period for appraising the scheme and report. The appraisal period shall be 18 working days after the scheme or report is supplemented and completed;

+ In case the scheme or report must be remade, the receiving agency shall submit a written notification to the organization or individual applying for the licence issuance and clarify contents which fail to satisfy the requirements for issuance and must be remade and return the application for licence issuance.

- Returning results of processing the application for the licence issuance

Within 03 working days after receiving the licence from the competent authority, the receiving agency shall notify the organization or individual applying for the licence issuance of receiving the licence.

2. Procedures for renewal, modification and reissuance of licences for exploration, exploitation and use of water resources in Vietnam

Procedures for renewal, modification and reissuance of licences for exploration, exploitation and use of water resources according to Article 36 of Decree 02/2023/ND-CP is as follows:

- Receiving and examining an application:

+ Each organization or individual applying for renewal, modification or reissuance of a licence hereinafter referred to as “organization or individual”) shall submit 01 application in person or by post or via the online public service portal and pay fees for processing the application as prescribed by law to the receiving agency;

+ Within 03 working days after receiving the application, the receiving agency shall consider and examining the application. In case of lawlessness, the receiving agency shall notify the organization or individual of completing the application as prescribed.

In case the completed application still fails to satisfy the requirements for licence issuance as prescribed, the receiving agency shall return the application to the organization or individual and clarify the reasons for that.

- Appraising its scheme and report in case of the licence renewal or modification:

+ Within 25 working days after fully receiving a valid application as prescribed in Clause 1 of Article 36 of Decree 02/2023/ND-CP, the receiving agency shall appraise the scheme and report; if necessary, a physical inspection may be carried out and an appraisal council may be established for appraising the scheme and report.

In case the requirements for the licence renewal or modification are fully satisfied, the receiving agency shall appeal to the competent authority to issue a licence. In case the requirements for the licence renewal or modification are not fully satisfied, the receiving agency shall return the application to the organization or individual and clarify the reasons for the return;

+ In case the scheme or report needs to be supplemented, the receiving agency shall send a written notification to the organization or individual and clarify the necessary supplementation. The period for supplementation and completion of the scheme and report shall not be incorporated in the period for appraising the scheme and report. The appraisal period shall be 18 working days after the scheme or report is supplemented and completed;

+ In case the scheme or report must be remade, the receiving agency shall submit a written notification to the organization or individual and clarify the unsatisfactory contents and return the application.

- Processing the application for reissuance of the licence:

Within 10 working days after fully receiving a valid application as prescribed in Clause 1 of Article 36 of Decree 02/2023/ND-CP, the receiving agency shall process the application; if the requirements for reissuance of the licence are fully satisfied, the receiving agency shall appeal to the competent authority to reissue the licence. On the contrary, the receiving agency shall return the application to the organization or individual and clarify the reasons for the return.

- Returning results of processing the application for licence issuance:

Within 03 working days after receiving the licence from the competent authority, the receiving agency shall notify the organization or individual of receiving the licence.

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