Chương III Nghị định 02/2023/NĐ-CP: Bảo vệ, khai thác, sử dụng tài nguyên nước

Chapter III

PROTECTION, EXPLOITATION AND USE OF WATER RESOURCES

Article 13. Reforesting destroyed forested areas and contributing funds to protect and develop forests

1. The Ministry of Agriculture and Rural Development shall prescribe the reforestation of the destroyed forested areas.

2. The mandatory financial contributions to the protection of forests in reservoir basins and the participation in protecting and developing watersheds shall be established according to the regulations of forestry laws.

Article 14. Groundwater exploration

1. Before constructing works for exploitation of groundwater or increasing the flow rate by more than 25% of that prescribed in the granted permits for exploitation and use of groundwater with more drilled exploitation wells, investors must carry out the exploration for evaluating reserves, exploitation capacity of groundwater for which exploration permits must be included, except for exploitation and use of groundwater for which exploration permits are not required.

2. Organizations and individuals constructing works for groundwater exploration must fully satisfy requirements for groundwater drilling practicing according to regulations and must be granted certificates for groundwater drilling practicing by competent authorities.

3. During the exploration period, organizations and individuals constructing works for groundwater exploration are responsible for:

a) Implementing measures for assurance about the safety of explorers and exploitation works;

b) Ensuring the prevention and combat of land subsidence, saltwater intrusion, and pollution of aquifers;

c) Filling damaged or unused wells after the end of exploration;

d) Implementing measures for protection of groundwater as well as environment.

4. Investors shall:

Cooperate with organizations and individuals constructing works for groundwater exploration in inspecting and supervising the implementation of regulations in Clause 3 of this Article. If any violation is detected, the exploration must be stopped.

b) If any incident occurs, it must be promptly remedied; if it causes damage, compensations must be paid according to regulations of law;

c) Submit reports on exploration results to agencies receiving and processing documents prescribed in Article 29 hereof.

Article 15. Water resources licences

1. Water resources licences include: groundwater exploration licence; licence for surface water exploitation and use; licence for groundwater exploitation and use; licence for sea water exploitation and use.

2. Each water resources licence has the following contents:

a) Name and address of organization/individual granted the licence;

b) Name and address of the work for water exploration and exploitation;

c) The explored and exploited water source;

d) Scale, capacity, flow rates, key parameters of the work for water exploration and exploitation; the use purpose for the license for water exploitation and use;

dd) Regimes and methods for water exploitation and use;

e) The licence validity period;

g) Specific requirements for each case of water resources exploration, exploitation and use prescribed by the licence issuer in order to protect water sources, ensure legal rights and interests of other relevant organizations and individuals;

h) Rights and obligation of the licence-holder.

Article 16. Cases of water resources exploitation and use for which registration and licensing are not required

1. Cases of water resources exploitation and use prescribed in Points a, c, d and dd Clause 1 Article 44 of the Law on Water Resources and not included in Clause 2 Article 44 of the Law on Water Resources.

2. Works for water resources exploitation and use with a small scale for production and trading prescribed in Point b Clause 1 Article 44 of the Law on Water Resources, including:

a) Groundwater exploitation for production and trading with a scale not exceeding 10 m³/day and night not prescribed in Clause 2 Article 44 of the Law on Water Resources;

b) Surface water exploitation for non-agricultural trading and production with a scale not exceeding 100 m³/day and night;

c) Irrigation reservoirs and dams with total capacity of less than 0,01 million m³ or other works for surface water exploitation for agricultural production and aquaculture with a flow rate not exceeding 0,1 m³/second;

If an irrigation reservoir or dam with total capacity of less than 0,01 million m³ has a flow rate serving agricultural production and aquaculture exceeding 0,1 m³/second or those with other exploitation and use purposes has a flow rate exceeding the values prescribed in Point b and dd of this Clause, registration or licensing shall be mandatory according to the regulations in Article 17 hereof.

d) Surface water exploitation and use for power generation with an installed capacity not exceeding 50 kW;

dd) Sea water exploitation and use for onshore operation with a flow rate not exceeding 10.000 m³/night; sea water exploitation and use for operations at sea.

Article 17. Works for water resources exploitation and use for which registration and licensing are required

1. Works for water resources exploitation and use for which registration is required include:

a) Irrigation reservoirs and dams with total capacity of from 0,01 million m3 to 0,2 million m³ or other works for surface water exploitation and use for the purpose of agricultural production and aquaculture (excluding other purposes with a scale subject to licensing) with a flow rate of from greater than 0,1 m³/second to 0,5 m³/second;

If an irrigation reservoir or dam with total capacity of from 0,01 million m³ to 0,2 million m³ with purposes and a scale subject to licensing, the licensing must be made according to the regulations hereof.

b) Works for sea water exploitation and use for onshore production and trading including aquaculture and trading thereof with a scale of from more than 10.000 m³/day and night to 100.000 m³/day and night;

c) Works for groundwater exploitation and use prescribed in Point a Clause 2 Article 16 hereof and those prescribed in Point a Point d Clause 1 Article 44 of the Law on Water Resources, specified in the list of areas restricted groundwater exploitation published by the Provincial People’s Committees;

d) Works for use of self-supply groundwater in mining pits for sifting ores without lowering the groundwater level or pumping water to drain the self-supply water in the mining pits.

2. Works for water resources exploitation and use for which licensing is required, including:

a) Works for water resources exploitation and use apart from works prescribed in Article 16 and Clause 1 of this Article;

b) Works prescribed in Point a of this Clause that directly exploit and use surface water from irrigation and hydroelectricity reservoirs and dams, systems of irrigation and hydroelectricity canals for non-agricultural trading and production (including exploitation of water for cooling of machines and equipment, steam generation and heating) that organizations and individuals managing and operating such hydroelectricity and irrigation reservoirs and dams and systems of irrigation and hydroelectricity canals have not been licensed to exploit and use surface water for the above purposes.

Article 18. Principles of licence issuance

1. Compliance with regulations on authority, subjects and procedures as prescribed by law.

2. Protection of state interests, legal rights and benefits of relevant organizations and individuals; protect water resources and environment as prescribed by law.

3. Prioritized licensing for exploration, exploitation and use of water resources for domestic use.

4. No depletion or pollution of water sources when conducting exploration, exploitation and use of water resources.

5. Compliance to the approved relevant water resources planning, provincial planning as well as specialized planning and regulations on restricted groundwater exploitation areas.

Article 19. Bases for licence issuance

1. The water resources licence issuance must be based on:

a) Socio-economic development strategies and planning for of nations, sectors and areas;

b) Relevant water resources planning, provincial planning, regulations on restricted groundwater exploitation areas and specialized planning approved by competent authorities; in case such planning and regulations are not issued, it must be based on water source capacity and make sure the water source is not depleted or polluted;

c) The status of exploitation and use of water in areas

d) Assessment reports of competent regulatory agencies on applications for issuance of licences for water resources exploration, exploitation and use;

dd) Demands for water exploitation and use specified in application forms.

2. In case of issuance of licences for groundwater exploration, exploitation and us, apart from bases prescribed in Clause 1 of this Article, it must also be based on the regulations in Clause 4 Clause 5 Article 52 of the Law on Water Resources.

Article 20. Requirements for licence issuance

1. Organizations and individuals granted water resources licences must satisfy the following requirement:

a) Have completed the notification and community survey of representatives of the residential community and relevant organizations and individuals as prescribed in this Decree.

b) Have schemes and reports applicable to the approved relevant water resources planning, provincial planning, regulations on restricted groundwater exploitation areas and specialized planning or suitable for water source capacity in case such planning and regulations are not issued. The schemes and reports must be made by qualified organizations and individuals as prescribed; information and data used for making schemes and reports must be sufficient, obvious, accurate and reliable.

Work design plans or works for water resources exploitation must be suitable for exploitation scales and subjects and satisfy requirements for protection of water resources and environment.

c) Works for surface water exploitation and use with lakes and dams constructed on rivers or streams must meet the requirements prescribed in Point b Clause 2 Article 53 of the Law on Water Resources, requirements prescribed in Points a and b of this Clause and the following requirements:

- Have plans for arranging equipment and human resources to operate reservoirs, monitor and supervise the exploitation and use of water; plans for meteorological and hydrological monitoring, provision of forecasts about the amount of water inflow serving the reservoir operation according to regulations for cases where works are not constructed;

- Have the reservoir operation process; have equipment, human resources or contracts to hire qualified organizations and individuals to perform reservoir operation, monitoring and supervision of the exploitation and use of water; meteorological and hydrological monitoring and provision of forecasts about the amount of water inflow serving the reservoir operation according to regulations for cases where works have been constructed.

2. If an entity explores, exploits or use water without any water resources licence, a competent authority shall consider deciding issuance of water exploitation and use licence when the following requirements for licence issuance are met as prescribed in Clause 1 of this Article.

The handling of violations caused by water exploration, exploitation and use without a water resource licence shall comply with regulations of laws on administrative penalties for violations against regulations on water resources.

Article 21. Licence validity period

1. The validity period of water resources licences shall be as follows:

a) The validity period of licences for exploitation and use of surface water and sea water reaches a maximum of 15 years and a minimum of 05 years and is considered to be renewed for many times. The minimum renewal period shall be 03 years and the maximum one shall be 10 years per time;

b) The validity period of licences for exploitation and use of groundwater is 02 years and is considered to be renewed for only one time; the renewal period shall not exceed 01 year;

c) The validity period of licences for exploitation and use of groundwater reaches a maximum of 10 years and a minimum of 03 years and is considered to be renewed for many times. The minimum renewal period shall be 02 years per time and the maximum one shall be 05 years.

In case an organization or individual requests licence issuance or renewal with a validity period of less than the minimum period prescribed in this Clause, the licence shall be granted or renewed according to the validity period specified in the request form.

2. Based on the conditions of each water source, level of detail (LOD) of information, survey data and assessment of water resources and application for licence issuance or renewal of the organization/individual, the licence issuer shall decide the specific validity period of each licence.

3. If the application for licence issuance of the organization/individual is submitted before the date on which the licence granted previously becomes invalid, the effective date specified in the licence shall be determined as the following date of expiry date of the licence granted previously.

Article 22. Licence renewal

1. The renewal of a licence for water resources exploration, exploitation and use shall be based on the regulations in Articles 18, 19 and 20 of this Decree and the following requirements:

a) The licence is still valid and application for licence renewal is submitted before the date on which the licence comes invalid for at least 90 days;

b) Until the date of renewal as requested, organizations and individuals granted licences have fulfilled adequate obligations related to their granted licences as prescribed by laws and have not cause any dispute;

c) At the date a request for renewal of licences, plans for exploitation and use of water resources of organizations and individuals must be applicable to water resources planning, provincial planning and satisfaction capacity of water sources.

2. For cases other than the regulations in Point a Clause 1 of this Article, organizations and individuals exploring, exploiting and using water resources must make applications for issuance of new licences.

Article 23. Modification of licences

1. Modification of groundwater exploration licences:

a) Ground conditions ineligible for construction of some approved exploration works;

b) Increase in the flow rate of exploited water of not exceeding 25% of that specified in the granted licence or the modification of aquifers;

c) Volume of exploration drilling exceeding 10% of the approved volume.

2. A licence for exploitation and use of water resources shall be modified in the following cases:

a) The provision of water sources is not ensured in an usual manner;

b) Demands for exploitation and use of water increases but there are no measures for handling and replenishment of water sources;

c) In case of emergency, the exploitation and use of water must be limited;

d) Addition of wells or adjustment of flow rates of water exploited between wells leads to an increase in the flow rate of the work of not exceeding 25% of the flow prescribed in the granted licence.

In case of modification of a licence for exploitation and use of groundwater including replenishment of wells, there must have well design and construction plans, anticipate impacts of the exploitation and use of water on water sources and on other water exploiters and users and be approved in writing before construction by competent authorities prescribed in Article 29 hereof. Within 30 days after completing the construction of wells, a construction project owner must submit an application for modification of his/her licence as prescribed;

If a new similar well is drilled to replace the old one that has been destroyed or degraded or cleared away with the unchanged exploitation parameters, the application for licence modification shall not required but the alternative well drilling plan must be considered and approved by the assessment agencies prescribed in Article 29 of this Decree and there must have a written certification issued after completing the drilling of replacement. The written certification is an integral part of the granted licence for exploitation and use of groundwater. The number of replacing wells must not exceed 50% of the number of the existing wells prescribed in the granted licence. The distance between the replacement well compared to the existing well must not exceed 1,5 the depth of the aquifer of such well; in case of exceeding, a licence modification must be carried out.

dd) There is a change in the purpose of exploitation and use of water as prescribed in the licence granted previously;

e) There is a change in exploitation regulations of works;

g) The licensee requests a modification of the contents of his/her licence apart from the regulations in Clause 3 of this Article.

3. Contents specified in a licence shall not be modified:

a) Water sources and aquifers;

b) The amount of water exploited and used exceeding 25% of the amount prescribed in the granted licence.

If any content specified in this Clause needs to be modified, the licensee must make an application for issuance of a new licence.

4. If the licensee proposes a modification of his/her licence, an application for modification of the licence must be made according to the regulations of this Decree; if the issuing agency approves the modification, a notification must be sent to the licensee before at least 90 days. The validity period of the modified licence shall be the remaining period of the licence grated previously.

In addition to modifying the licence, if the licensee also needs to reissue the licence for exploitation and use of water at the construction site, the proposal for reissuance must be clarified in the application for modification of the licence. The reissuance must be considered simultaneously in the process of modification of the license as prescribed in this Decree.

Article 24. Licence suspension

1. A licence shall be suspended when the licensee commits one of the following violations:

a) Violate the contents specified in the licence, thereby causing serious pollution and depletion of water sources;

b) Exploit groundwater, thereby causing serious ground subsidence, deformation of works, saltwater intrusion, depletion and pollution of water sources;

c) Operate reservoirs and dams, thereby causing floods, artificial inundation, seriously affecting production and daily life of people in the upstream and downstream of reservoirs and dams;

d) Transfer the right to exploit water resources without approval of the competent issuing agency.

d) Do not fulfill the financial obligation as prescribed;

e) Exploit the licence to organize activities violating regulations of law.

2. Time limit for licence suspension:

a) Do not exceed 03 months for licences for groundwater exploration;

b) Do not exceed 12 months for licences for water resources exploitation and use.

3. During the suspension period of a licence, the licensee shall not have any right related to the licence and must have measures to resolve the effects and compensate for losses (if any) as prescribed by law.

4. When the suspension period ends but the issuing agency does not issue any other decisions, the licensee shall be able to continue to perform his/her rights and obligation.

Article 25. Revocation of licenses

1. A licence shall be revoked in one of the following cases:

a) The licensee is detected of having forced documents, dishonestly declaring the contents specified in the application for licence issuance or modification, thereby causing discrepancies in the contents of the licence;

b) Organization that is the licensee is dissolved or declared bankrupt; individual that is the licensee die, is declared dead, losses his/her civil act capacity or is declared missing c) The licensee violates the decision on suspension of the licence, repeats or violates the regulations in the licence for multiple times;

d) The license is issued by the wrong person;

dd) A competent regulatory agency decides to revoke the licence for the national defense and security reasons or for the national and community interests.

2. If a licence is revoked according to the regulations in Point a and Point c Clause 1 of this Article, the licensee shall be considered to be granted a new licence after 03 years from the date on which the current licence is revoked after completing obligation related to the revocation of the current licence.

3. If a licence is revoked according to the regulations in Point d Clause 1 of this Article, the competent issuing agency shall consider issuing a new licence.

4. If a licence is revoked according to the regulations in Point dd Clause 1 of this Article, the State shall compensate for losses and refund the fee for grant of the right to exploit water resources as prescribed by law.

Article 26. Return of licences and termination of licences

1. A water resources licence which has been granted but the licensee does not use it or has no demands for continuing using it, the licensee may return it to the issuing agency and clarify the reasons.

2. A water resources licence which has been granted but the scale of construction site changes leading a change in the competence in licence issuance, the licence shall return the granted licence to the competent agency after a new licence is granted.

3. A licence shall be terminated in one of the following cases:

a) The licence is revoked;

b) The licence has become invalid;

c) The licence has been returned.

4. When a licence is terminated, the relevant rights of the licence shall be terminated as well.

Article 27. Reissuance of licences

1. A licence shall be reissued in one of the following cases:

a) The licence is lost and damaged;

b) Name of the licensee is changed due to the changes in name, transfer, merger, full division, partial division, restructuring without any change in the other contents of the licence.

2. The period specified in the reissued licence shall be the remaining period of the licence granted previously.

Article 28. Competence to issue, renew, modify, suspend, revoke and reissue water resources licences

1. The Ministry of Natural Resource and Environment shall issue, renew, modify, suspend, revoke and reissue water resources licences in the following cases:

a) National essential construction works for water resources exploitation and use within the domain of the Prime Minister;

b) Works for groundwater exploration with a flow rate of from at least 3.000 m³/day and night;

c) Works for groundwater exploitation with a flow rate of from at least 3.000 m3/day and night;

d) Irrigation reservoirs and dams for exploitation and use of surface water serving agricultural production and aquaculture with a flow rate of from at least 2 m³/second and the total capacity of from at least 03 million m³; other works for water exploitation and use serving agricultural production and aquaculture with a flow rate of from at least 5 m³/second;

dd) Irrigation reservoirs and dams apart from the works specified in Point d of this Clause with the total capacity of from at least 20 million m³;

e) Works for surface water exploitation and use serving power generation with an installed capacity of from at least 2.000 kW;

g) Works for surface water exploitation and use serving other purposes with a flow rate of from at least 50.000 m³/day and night;

h) Sea water exploitation and use serving onshore production including aquaculture as well as trading with a flow rate of from at least 1.000.000 m³/day and night;

2. The Provincial People’s Committees shall issue, renew, modify, suspend, revoke and reissue licences for cases other than those prescribed in Points a, c, d, dd, e and g Clause 1 of this Article.

3. The Department of Natural Resources and Environment shall issue, renew, modify, suspend, revoke and reissue licences for cases other than those prescribed in Points b and h Clause 1 of this Article.

Article 29. Agencies receiving and managing applications and licences

Agencies receiving and managing applications and licences (hereinafter collectively referred to as “receiving agencies”) include:

1. The Division of Receiving and Returning Results of administrative documents of the Ministry of Natural Resources and Environment is responsible for receiving and returning results of administrative documents within the domain of the Ministry of Natural Resources and Environment; the Department of Water Resources Management of the Ministry of Natural Resources and Environment is responsible for processing and managing applications and licences within the domain of the Ministry of Natural Resources and Environment.

2. The Department of Natural Resources and Environment is responsible for receiving, processing and managing applications and licences within its domain and the domain of the Provincial People’s Committee; In case a province has established a One-stop Division or Center for Public Administration, it shall receive and return results under the decision of the Provincial People’s Committee.

Article 30. Applications for issuance, renewal and modification of groundwater exploration licences

1. An application for issuance of a groundwater exploration licence includes:

a) An application form for licence issuance;

b) A scheme for groundwater exploration for works with a scale of from at least 200 m³/day and night; an exploratory well design for works with a scale of less than 200 m³/day and night.

2. An application for renewal and modification of a groundwater exploration licence includes:

a) An application form for renewal or modification of the licence;

b) A report on the status of compliance with regulations in the licence;

3. The application form, scheme contents and report shall be made using Form No. 01, Form No. 02, Form No. 21, Form No. 22 and Form No. 23 specified in the Appendix enclosed herewith.

Article 31. Applications for issuance, renewal and modification of groundwater exploitation and use licences

1. An application for issuance of a groundwater exploitation and use licence includes:

a) An application form for licence issuance;

b) A map showing the area and location where the work for groundwater exploitation is built;

c) An report on groundwater exploration result enclosed exploitation plans for works with a scale of from at least 200 m³/day and night or a well construction report for exploitation works with a flow rate of less than 200 m³/day and night in case exploration works are not built; a report on the current exploitation status of groundwater exploitation works currently in operation;

d) Results for analyzing the quality of water sources published within 06 months up to the date of submitting the application.

2. An application for renewal or modification of a groundwater exploitation and use licence includes:

a) An application form for renewal or modification of the licence;

b) A report on the current water exploitation and use status and the licence compliance; In case the licence modification affects the scale of construction site, the number of wells used for exploitation and the water level, a plan for water exploitation must be clarified;

c) Results for analyzing the quality of water sources published within the last 06 months before the application is submitted;

d) A map showing the location of the work for groundwater exploitation in case of modifying the licence.

3. The application form and report shall be made using Form No. 03, Form No. 04, Form No. 24, Form No. 26 and Form No. 27 specified in the Appendix enclosed herewith.

Article 32. Applications for issuance, renewal and modification of licences for exploitation and use of surface water and sea water

1. An application for issuance of a surface water or sea water groundwater exploitation and use licence includes:

a) An application form for licence issuance;

b) A water exploitation and use scheme in case exploration works are not built; a report on the current water exploitation and use status enclosed with an operation process in case exploration works have been built (the operation process is mandatory in this case);

c) Results for analyzing the quality of water sources published within 03 months up to the date of submitting the application (except for works for exploitation and use of water for hydroelectricity);

d) A map showing the location of the work for water exploitation.

In case the work for surface water or sea water exploitation has not been built, the application for issuance of the licence must be submitted in the preparation period for investment.

2. An application for renewal or modification of a surface water or sea water exploitation and use licence includes:

a) An application form for renewal or modification of the licence;

b) A report on the current water exploitation and use status and the licence compliance; In case there is a modification in the scale, water exploitation and use mode or regime or operation process of a work, a scheme for water exploitation must be enclosed;

c) Results for analyzing the quality of water sources published within 03 months up to the date of submitting the application (except for works for exploitation and use of water for hydroelectricity);

3. The application form, scheme and report shall be made using Form No. 05, Form No. 06, Form No. 07, Form No. 08, Form No. 28, Form No. 29, Form No. 30, Form No. 31, Form No. 32, Form No. 33 and Form No. 34 specified in the Appendix enclosed herewith.

Article 33. Applications for reissuance of water resources licences

1. An application form for licence reissuance.

2. Documents proving the reasons for reissuance of a licence (in case of renaming, transfer, merger, full division, partial division or restructuring),

In case of applying for licence reissuance due to a transfer of the work, the application must include documents proving the transfer and the complete fulfillment of financial obligation related to the water exploitation and use and other relevant documents.

3. The application form for a reissuance of the water resources licence shall be made using the Form No. 09 specified in the Appendix enclosed herewith.

Article 34. Applications for return of water resources licences

1. An application form for a licence return.

2. Documents proving the complete fulfillment of financial obligation and the full payment of the fee for the right to exploit water resources (if any).

3. The application form for return of the water resources licence shall be made using the Form No. 10 specified in the Appendix enclosed herewith.

Article 35. Procedures for issuance of licences for exploration, exploitation and use of water resources

1. Receiving and examining an application:

a) 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;

b) 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.

2. 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”):

a) Within 30 working days after fully receiving a valid application as prescribed in Clause 1 of this Article, 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;

b) 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;

b) 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.

3. 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.

Article 36. Procedures for renewal, modification and reissuance of licences for exploration, exploitation and use of water resources

1. Receiving and examining an application:

a) 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;

b) 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.

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

a) Within 25 working days after fully receiving a valid application as prescribed in Clause 1 of this Article, 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;

b) 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;

c) 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.

3. Processing the application for reissuance of the licence:

Within 10 working days after fully receiving a valid application as prescribed in Clause 1 of this Article, 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.

4. 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.

Article 37. Procedures for returning water resources licences

A licensee shall submit 01 application for returning his/her licence to the issuing agency where the licence has been issued previously in person or by post or via the online public service portal; Within 10 working days after fully receiving a valid application as prescribed in Article 34 of this Decree, the receiving agency shall consider, examine and submit the application to the competent authority for signing a Decision on approval for the application for returning the water resources licence.

Article 38. Procedures for registration of groundwater exploitation

1. Authority that confirms registration of a groundwater exploitation (hereinafter referred to as "confirming authority") shall be the district-level People’s Committee for the cases prescribed in Point c Clause 1 of Article 17; and shall be the Department of Natural Resources and Environment for the cases prescribed in Point d Clause 1 Article 17 of this Decree.

2. Registration procedures for the work prescribed in Point c Clause 1 Article 17 of this Decree:

a) Based on the List of restricted groundwater exploitation areas approved by the Provincial People’s Committee, the Commune-level People’s Committee shall review and make a list of organizations and individuals owning groundwater exploitation works subject to registration in the commune; notify and send 02 declaration forms for the registration using the Form No. 35 specified in the Appendix enclosed herewith to each organization or individual for declaration;

If the groundwater exploitation work has not been built, an exploitation registration shall be required before beginning construction of such work.

b) Within 10 working days after receiving the two declaration forms, the organization or individual shall fill in such forms and submit them to a confirming authority or to the Commune-level People’s Committee. The Commune-level People’s Committee shall submit such declaration forms to a registering agency;

c) Within 10 working days after receiving such declaration forms of the organization or individual, the confirming authority shall check information of the declaration forms, provide a confirmation in the forms and send 01 of them to the organization or individual.

3. Registration procedures for the work prescribed in Point d Clause 1 Article 17 of this Decree:

a) Organization or individual who uses self-supply groundwater in mining pits for sifting ores without lowering the groundwater level or pumping water to drain the self-supply water in the mining pits shall fill in the 02 declaration forms using Form No. 36 specified in the Appendix enclosed herewith and submit them to the Department of Natural Resources and Environment where the work is constructed;

b) Within 15 working days after receiving such declaration forms of the organization or individual, the confirming authority shall check information of the declaration forms, provide a confirmation in the forms and send 01 of them to the organization or individual.

4. In case the organization or individual has been registered for groundwater exploitation, if he/she does not continue to exploit or use, he/she must send a notification of it and return the declaration forms (which have been confirmed) to the confirming authority or the Commune-level People’s Committee that notifies the registering agency and then fills unused wells according to regulations.

5. The confirming authority shall keep a log of data on registration of groundwater exploitation in its area; report results of registration to the Department of Natural Resources and Environment before December 15 every year (if the registering agency is the District-level People’s Committee).

Article 39. Procedures for registration of surface water or sea water exploitation and use

1. Authority that confirms registration of a surface water or sea water exploitation and use (hereinafter referred to as "confirming authority") shall be the Department of Natural Resources and Environment where a work prescribed in Points a and b Clause 1 Article 17 of this Decree is constructed.

2. Procedures for registration of surface water or sea water exploitation and use

a) The Commune-level People’s Committee shall review and make a list of organizations and individuals owning surface water or sea water exploitation and use works subject to registration in the commune; notify and provide 02 declaration forms for the registration using the Form No. 37 and Form No. 38 specified in the Appendix enclosed herewith to each organization or individual for declaration;

If the groundwater exploitation work has not been built, an exploitation registration shall be required before beginning construction of such work.

b) Within 10 working days after receiving the two declaration forms, organizations and individuals shall fill in such forms and submit them to the Provincial Department of Natural Resources and Environment or to the Commune-level People’s Committee. The Commune-level People’s Committee shall submit such declaration forms to the Provincial Department of Natural Resources and Environment.

c) Within 10 working days after receiving such declaration forms of the organization or individual, the confirming authority shall check information of the declaration forms, provide a confirmation in writing on them and send 01 of them to the organization or individual.

3. In case the organization or individual has been registered for surface water or sea water exploitation and use, if he/she does not continue to exploit or use, he/she must send a notification of it and return the Confirmation to the confirming authority.

4. The confirming authority shall establish a set of books for monitoring and update data on registration of surface water or sea water exploitation and use in its area.

Article 40. Procedures for suspension of water resources licences

1. When a licensee commits the violations prescribed in Clause 1 Article 24 of this Decree, the issuing agency shall consider suspending his/her licence.

2. Based on the severity of violations committed of the licensee and the consequences of the licence suspension for production and life of the people in the living area of the licence, the issuing agency shall decide the suspension period of the licence.

3. The issuing agency may consider shortening the suspension period of the licence if the licensee has taken actions to deal with consequences caused by the licence suspension and completely fulfill his/her obligation as prescribed by law.

Article 41. Procedures for revocation of water resources licences

1. When conducting a periodic or ad hoc inspection of implementation of the licence, if any case prescribed in Points a and b Clause 1 Article 25 hereof is detected, an agency having the competence in conducting inspections (hereinafter referred to as “inspecting agency”) shall be responsible for making and submitting a written report to the issuing agency; if any case prescribed in Points c and d Clause 1 Article 25 of this Decree is detected, the inspecting agency shall handle under its competence, and preparing and submitting a written report to the issuing agency.

Within 30 working days after receiving the report, the issuing agency shall consider revoking the licence.

2. If a competent regulatory agency decides to revoke a licence as prescribed in Point dd Clause 1 Article 25 hereof, a notification must be sent to the licensee before 90 days.

Article 42. Transfer of the right to exploit water resources

1. Up to the date of transfer of the right to exploit water resources, the transferor must ensure complete fulfillment of the financial obligation in exploitation and use of water resources and full payment of the fee for granting of the right to exploit water resources as prescribed; ensure that there is no dispute about rights and obligation related to the exploitation of water resources.

2. Requirements for receiving a transfer of the right to exploit water resources for a transferee:

a) The transferee must fully satisfy the requirements specified in Article 20 hereof and must ensure the compliance with laws on investment;

b) The transferee must not change the initial purpose of water exploitation and use.

3. The transfer must not interrupt fulfillment of the obligations in exploitation and use of water resources.

4. The transferor and transferee must fulfill their own obligations related to taxes, fees and charges imposed for the transfer as prescribed by laws on taxes, fees and charges.

Article 43. Funds for conducting basic survey, planning and protection of water resources

1. Funds for basic survey, planning, management and protection of water resources shall comply with the regulations in Clause 1 Article 10, Clause 4 Article 21, Clause 5 Article 27 of the Law on Water Resource.

2. The Ministry of Natural Resources and Environment shall take charge and cooperate with the Ministry of Finance and the Ministry of Planning and Investment in managing and using funds for basic survey, planning, management and protection of water resources.