Chương I 82/2017/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree deals with the calculation method and charge for granting water right.

Article 2. Regulated entities   

This Decree applies to:

1. Regulatory authorities that perform the work of calculation, collection and transfer of charge for granting water right.

2. Organizations and individuals involved in the work of calculation, collection and transfer of charge for granting water right.

Article 3. Compulsory payment of charge for granting water right

Organizations or individuals that are granted license to exploit and use surface water or underground water (hereinafter referred to as the “license holder“) must pay charge for granting water right in the following cases:

1. Exploitation of surface water:

a) Exploit surface water for producing electricity;  

b) Exploit surface water to serve business activities, service provision or non-agricultural production, including water for cooling machinery and equipment, or generating steam.

2. Exploitation of underground water:

a) Exploit underground water to serve business activities, service provision or non-agricultural production, including water for cooling machinery and equipment, or generating steam;

b) Exploit underground water (excluding brackish water and saltwater) for aquaculture, cattle breeding, watering coffee, rubber, cashew or pepper plants and other perennial industrial crops with a scale of 20 m³/24 hours or more.

Article 4. Grounds for calculation of charge for granting water right

Charge for granting water right shall be calculated based on the following elements:
1. Water uses, including:

a) Exploit water for hydroelectric power generation;

b) Exploit water to serve business activities and service provision;

c) Exploit water to serve non-agricultural production, including water for cooling machinery and equipment, or generating steam;

d) Exploit underground water to water coffee, rubber, cashew, tea or pepper plants and other perennial industrial crops;

dd) Exploit underground water for aquaculture or cattle breeding.

2. The water quality which is determined according to water zoning or water function zoning in the water resources planning; In case the water resource planning is unavailable or the planning does not include water zoning contents, the actual quality of water source as prescribed in the national technical regulation on quality of surface water and underground water shall be considered.

3. Type of water source to be exploited, including: Surface water or underground water.

4. Conditions of exploitation:

a) With regard to surface water, conditions at the location of surface water source shall be considered;

b) With regard to underground water, the depth of the aquifer of underground water source to be exploited shall be considered.

5. Exploitation scale:

a) The scale of exploitation of water to serve hydroelectric power plants shall be determined according to design documents;

b) The scale of exploitation of water used for purposes other than that prescribed in point a of this Clause shall be determined according to the license to exploit and use water resources.

6. Duration of exploitation which is determined according to the duration specified in the license to exploit and use water resources.