Chương X Luật Tài nguyên nước 2023: Điều khoản thi hành

Chapter X

IMPLEMENTATION CLAUSE

Article 84. Amendments to some laws related to water resources

1. Point 3 in the Appendix II - List of specialized and technical planning of the Law on Planning No. 21/2017/QH14 amended by the Law No. 15/2023/QH15 and Law No. 16/2023/QH15 is amended as follows:

2. Several Articles of the Law on Irrigation No. 08/2017/QH14 amended by the Law No. 35/2018/QH14, Law No. 59/2020/QH14, Law No. 72/2020/QH14 and Law No. 16/2023/QH15 are amended as follows:

a) Point d clause 1 of Article 27 is amended as follows:

“d) In case of drought, water scarcity, saltwater intrusion, flood, inundation or waterlogging emergencies, operate reservoirs or inter-reservoirs under regulations of law on natural resources.”;

b) Point c clause 1 of Article 44 is amended as follows:

“c) Carrying out drilling or digging operations, geological survey; exploration and mining of minerals and building materials;”;

c) Point c clause 2 of Article 56 is amended as follows:

“c) Direct regulation and distribution of water and conduct formulation of plans for use of water within the system of hydraulic structures for domestic, agricultural production and other economic activity purposes; cooperate with the Ministry of Natural Resources and Environment and Ministry of Industry and Trade in regulation of water within hydroelectric reservoirs for water uses in case of drought, water scarcity or saltwater intrusion;”.

3. Several Articles of the Law on Investment No. 61/2020/QH14 amended by the Law No. 72/2020/QH14, Law No. 03/2022/QH15, Law No. 05/2022/QH15, Law No. 08/2022/QH15, Law No. 09/2022/QH15 and Law No. 20/2023/QH15 are amended as follows:

a) Point g clause 1 of Article 16 is amended as follows:

g) Collection, treatment, recycling or re-use of waste; development and storage of water and restoration of water sources;”;

b) Several points in the Appendix IV - List of conditional business lines are amended as follows:

4. Point c clause 1 of Article 4 of the Law on Public - Private Partnership Investment No. 64/2020/QH14 amended by the Law No. 03/2022/QH15 is amended as follows:

“c) Irrigation; clean water supply; water drainage and wastewater treatment; waste treatment; development and storage of water and restoration of water sources;”.

5. Article 5 of the Law on Amendments to some Articles concerning planning of 37 laws No. 35/2018/QH14 is repealed.

Article 85. Effect

1. This Law comes into force from July 01, 2024, except for the case specified in clauses 3 and 4 of this Article.

2. The Law on Natural Resources No. 17/2012/QH13 amended by the Law No. 08/2017/QH14, Law No. 35/2018/QH14 and Law No. 72/2020/QH14 (hereinafter referred to as “the Law No. 17/2012/QH13”) shall cease to have effect from the effective date of this Law, except for the case specified in clauses 1, 3 and 5 Article 86 of this Law.

3. The fee for right to exploit water resources to be supplied for domestic activities as prescribed in point b clause 1 Article 69 of this Law shall be charged from July 01, 2025.

4. The exploitation of groundwater by households as prescribed in clause 4 Article 52 of this Law shall be registered from July 01, 2026.

Article 86. Transitional clauses

1. The license to practice groundwater drilling or a water resource license which has been issued as per the Law No. 17/2012/QH13 shall still remain valid and may be extended, otherwise modified or re-issued as prescribed by this Law.

2. Any organization or individual in the case mentioned in point b clause 1 Article 69 of this Law that is granted a water resource license for supply to domestic activities prior to the effective date of this Law shall pay the fee for right to exploit water resources for domestic activities as prescribed by this Law and complete declaration serving calculation of the fee for water resource exploitation right by December 31, 2025 at the latest.

3. Any organization or individual in the case mentioned in point b clause 1 Article 69 of this Law that is granted a water resource license for supply to agriculture prior to the effective date of this Law but is not required to pay the fee for water resource exploitation right as per the Law No. 17/2012/QH13 is not required to pay the fee for water resource exploitation right for the amount of water supplied to agriculture until the expiry date written on the water resource license.

4. Any organization or individual in the case mentioned in point b clause 1 Article 69 of this Law that has their permit for exploiting surface water for supply to agriculture issued or extended as prescribed by this Law shall pay the fee for water resource exploitation right as per this Law at the same time the fee for using irrigation products or services is collected if the State does not provide financial support for use of public irrigation products or utilities under regulations of law on irrigation and law on prices.

5. Any application for issuance, extension, adjustment or re-issuance of the license to practice groundwater drilling or the water resource license that is submitted before the effective date of this Law but has yet to be processed may be processed as per the Law No. 17/2012/QH13, except for the case of applying for issuance of the license as per this Law.

6. For any hydraulic structure which was built and operated before January 01, 2013 but has yet to have its exploitation and use of water resources registered and licensed before the effective date of this Law, it is required to complete the procedures for registering and licensing exploitation of water resources as prescribed by this Law by June 30, 2027 at the latest.

7. For the provincial planning approved before the effective date of this Law, the plan to exploit, use, protect water resources and recover damage caused by water under the provincial planning may be implemented until the expiry of the provincial planning period or until the plan under the provincial planning is modified.

8. Any organization or individual in the cases specified in points e and g clause 5 Article 52 of this Law that possesses a lake, pond, canal or ditch to create space for collection, storage or conveyance of water or create landscapes and uses river, stream, canal, ditch or reservoir water surface for aquaculture, business and service provision before the effective date of this Law shall complete procedures for registering their use of water as per this Law by June 30, 2026 at the latest.