Chapter II
ISSUANCE, EXTENSION, CHANGE, INVALIDATION AND WITHDRAWAL OF PERMITS FOR WATER RESOURCE EXPLORATION, EXPLOITATION AND USE, OR DISCHARGE OF WASTEWATER INTO WATER SOURCES
Article 6 - Cases not subject to permit application
1. The exploration and exploitation of water resources are not subject to permit
a. Small - scale exploitation and use of surface water or underground water for daily - life familial activities.
b. Small - scale exploitation and use of surface water or underground water for
c. Small - scale exploitation and use of seawater for salt production and aquaculture by families.
d. Exploitation and use of rainwater, surface water or seawater within the assigned or leased land area according to the provisions of the Land Law, the Law on Water
e. Exploitation and use of water resources for non - business purposes, in service of forestry, waterway transport, aquaculture, salt production, sports, recreation, tourism, healthcare, sanatoriums and scientific research.
f. Underground water exploitation from substitute projects of smaller or equivalent
2. Discharge of wastewater into water sources on a small and familial scale.
3. The exploitation and use of underground water on a small and familial scale shall not be subject to permit application but must be registered in the following cases:
a. Exploitation and use of underground water for agricultural production, forestry,
4. The People's Committees of the provinces and centrally - run cities (hereinafter
referred collectively to as the provincial - level People's Committees) shall specify the scope of water resource exploitation and use, and the discharge of wastewater into water sources on the familial scale that is not subject to the permit application; the underground water exploitation areas which must be registered, and the depth of wells which must be registered according to the provisions of Clause 3, this Article.
Article 7 - Terms and extension of permits
1. The term of a surface water - exploitation and - use permit shall not exceed twenty (20) years and may be considered for extension but for not more than ten (10).
2. The term of an underground water - exploration permit shall not exceed three (3) and may be considered for extension but for not more than two (2) years.
3. The term of water - exploitation and - use permit shall not exceed fifteen (15) years and may be considered for extension but for not more than ten (10) years.
4. The term of a permit for discharge of wastewater into water sources shall not exceed ten (10) years and may be considered for extension but for not more than five (5) years.
5. The extension of permits for water resource exploration, exploration and use, or
a. By the time of extension application, the permit owner has fulfilled the obligations prescribed in Article18 of this Decrees.
b. The permit for water resource exploration, exploitation and use, or for discharge of
Article 8 - Change of terms and adjustment of contents of permits
The change of terms or adjustment of contents of permits shall be effected in the
1.
a. The ground conditions do not permit the construction of a number of items under the ratified exploration projects.
b. There are disparities between the actual geo - hydrological structures and expected geo-hydrological structures in the ratified exploration projects.
c. The volume of exploration items changes by over 10% compared to the
2. For water resource - exploitation and - use permits:
a. The water source cannot ensure normal water supply.
b. The water exploitation and use demand rises but not measures have been taken to handle or supplement water sources.
c. There appear particular circumstances requiring the restriction of the discharge of waste water into water source.
Article 9 - Invalidationof permits
1. A permit shall be invalidated in the following cases:
a. The organization or individual granted the permit (referred to collectively as the
b. The permit owner transfers the permit without permission.
c. The permit owner misuses the permit to organize operations not prescribed in the permit.
2. The permit - invalidation period shall be defined by the permit - issuing agency.
During the invalidation period, the permit owner shall not have the permit - related
Article 10 - Withdrawal of permits
1. A permit shall be withdrawn in the following cases:
a. The organization being the permit owner is dissolved or declared bankrupt by a
b. The permit has been granted but has not been used for twelve (12) consecutive
c. The permit owner violatesthe decision on invalidation of the permit.
d. The permit owner violates the provisions of the permit, thus exhausting or polluting water sources.
e. The permit has been issued ultra vires.
f. The competent State agency decides t withdraw the permit for national defense or security reasons or for national or public interests.
2. In cases where permits are withdrawn due to violation of the provision of Points b and c, Clause of this Article, permit owners shall only be considered for issuance of new permits after 3 years as from the permit - withdrawal date, provided that they have fulfilled the obligations related to the reasons for withdrawal of the old permits.
3. In cases where permits are withdrawn according to the provision of Points e and f, Clause 1 of this Article, the competent State agency in charge of water resources shall consider the issuance of new permits.
Article 11 - Return of permits
1. In cases where permit owners don't use permits, they may return their permits to the permit - issuing agencies and concurrently give the latter the written explanations thereon.
2. Organization and individuals that have returned their permits may only be
Article 12 - Termination of effect of permits
1. Permits shall cease to be effective in the following cases:
a. They are withdrawn.
b. They have expired.
c. They have been returned.
2. When permits cease to be effective, the permit - related rights shall also terminate.
Article 13 - Competence to issue,
1. The Ministry of Natural Resources and Environment shall issue, extend,
a. Exploiting, using water resources for important national projects already approved by the Prime Minister.
b. Exploring, exploiting underground water for projects with the flow of 3,000 m2/day and night or more.
c. Exploiting, using surface water for agricultural production with the flow of 2
d. Exploiting, using surface water for electricity generation with the capacity of 2,000 kW or more.
e. Exploiting, using surface water for other purposes with flow of 50,000 m3/day and night or more.
f. Discharging wastewater into water sources with the flow and nigh or more.
2. The provincial - level People's Committees shall issue, extend, change terms and adjust contents of, and invalidate and withdraw permits in cases not defined in Clause 1 of this Article.
Article 14 - Agencies receiving and managing dossiers and permits
1. The Department for Water Resources Management under the Ministry of Natural Resources and Environment shall be responsible for receiving and managing dossiers and permits issued by the Ministry of Natural Resources and Environment.
2. The provincial/municipal Services of Natural Resources and Environment shall be responsible for receiving and managing dossiers as well as permits issued by the provincial - level People's Committees.
Tìm kiếm
Nghị định 149/2004/NĐ-CP (Bản Word)