Chương V Nghị định 02/2023/NĐ-CP: Điều khoản thi hành

Chapter V

IMPLEMENTATION CLAUSES

Article 49. Amendments to certain regulations on water resources and annulment of regulations of relevant legislative documents

1. Decree No. 41/2021/ND-CP dated March 30, 2021 of the Government amending Decree No. 82/2017/ND-CP dated July 17, 2017 of the Government providing for methods for calculation and collection of fees for granting the right to exploit water resources shall be amended as follows:

a) Clause 3 shall be supplemented to after Clause 2 Article 3 of Decree No. 82/2017/ND-CP, which had been amended by Clause 1 Article 1 of Decree No. 41/2021/ND-CP as follows:

“3. Time for paying the fee for granting the right to exploit water

The amount of money used for granting the right to exploit water resources shall be paid after a work comes into operation and a Decision on approval for the amount of money used for grating the right to exploit water resources is issued by a competent authority”.

b) Amendments to Clause 2 Article 2:

“Up to the date on which this Decree comes into force, the work has spent the amount of money granting the right to exploit water resources as prescribed in Decree No. 82/2017/ND-CP but it does not come into operation, only after the work comes into operation, the adjustment due to changes in time for operation shall be made and application of prices for calculating the amount of money used for granting the right to exploit water resources prescribed in the previous decision on approval for the amount of money used for grating the right to exploit water resources".”

2. Clauses 1 Article 167 of Decree No. 08/2022/ND-CP dated January 10, 2022 elaborating certain Articles of the Law on Environment Protection shall be annulled.

Article 50. Transitional clauses

1. Entity subject to a registration as prescribed herein and granted a sea water or surface water exploitation and use licence as prescribed in Decree No. 201/2013/ND-CP may continue to exploit and use water up to the end of the period specified in the licence. After the granted licence is invalid, if the entity wishes to continue to exploit and use water, he/she must make a registration according to the regulations in this Decree.

2. The entity that has granted a water resources exploitation and use licence as prescribed in Decree No. 201/2013/ND-CP which has a change in the licensing authority as prescribed in this Decree may continue to exploit and use water up to the end of the period specified in the licence. Before the licence terminates, the entity must submit an application for licence issuance to a competent issuing agency as prescribed in this Decree.

3. The application for issuance of a water resources licence which is received fully and validly by the competent agency before the date on which this Decree comes into force shall be continued to be assessed and considered to issue as prescribed in Decree No. 201/2013/ND-CP. Entity subject to a registration of water exploitation and use as prescribed in Points a and b Clause 1 Article 17 hereof, if the entity wishes to carry out the registration as prescribed in this Decree, the entity shall request the competent agency to consider returning the application for licence issuance.

4. For projects of which community survey of representatives of residential community and relevant entities about exploitation and use of water resources have been completely carried out as prescribed in Decree No. 201/2013/ND-CP before the date on which this Decree comes into force, other surveys are not required as prescribed in this Decree.

5. For provinces and cities in which areas subject to registration of groundwater exploitation have been approved as prescribed in Circular No. 27/2014/TT-BTNMT dated May 30, 2014 of the Ministry of Natural Resources and Environment, the registration shall be continued as prescribed in the approved decisions until the date on which an adjustment is made as prescribed in this Decree.

Article 51. Implementation provisions

1. This Decree comes into force from March 20, 2023.

2. Decree No. 201/2013/ND-CP dated November 27, 2013 of the Government elaborating the Law on Water Resources shall be annulled.

3. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People's Committees of provinces and central-affiliated cities, relevant organizations and individuals are responsible for implementation of this Decree./.