Circular No. 02/2005/TT-BTNMT guiding the implementation of Decree No. 149/2004/NĐ-CP dated July 27, 2004 of the Government on granting permits for exploration, exploitation, use of water resources, and discharging wastewater into water sources.

CIRCULAR

Guidelines for Implementing Decree No. 149/2004/NĐ-CP

dated July 27, 2004, of the Government on the issuance of permits for exploration, exploitation, utilization of water resources, and discharge of wastewater into water sources

the use of water resources, discharging wastewater into water sources

_________________________________

Pursuant to Decree No. 91/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 149/2004/NĐ-CP dated July 27, 2004, of the Government on the issuance of permits for exploration, exploitation, utilization of water resources, and discharge of wastewater into water sources;

The Ministry of Natural Resources and Environment guides the implementation of the issuance of permits for exploration, exploitation, utilization of water resources, and discharge of wastewater into water sources as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular guides the implementation of the issuance, extension, change of duration, adjustment of content, suspension of effect, and revocation of permits for underground water exploration; underground water exploitation and utilization; surface water exploitation and utilization; discharge of wastewater into rivers, streams, canals, coastal waters, lakes, ponds, and reservoirs; specifies the forms of application for permits and permit forms.

The issuance of permits for discharging wastewater from ships and vessels is guided by another document.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

This Circular applies to organizations and individuals within the country and foreign organizations and individuals (hereinafter referred to collectively as organizations and individuals) engaged in activities related to underground water exploration; underground water exploitation and utilization; surface water exploitation and utilization; discharge of wastewater into water sources.

In this technical regulation, the following terms are understood as follows:

In this Circular, the following terms are understood as follows:

3.1. Exploitation and utilization of water resources, discharge of wastewater into water sources within the scope of a household means exploitation and utilization of water resources, discharge of wastewater into water sources with a scale not exceeding:

a) 0.02 m³/s for surface water exploitation and utilization for agricultural production;

b) Installed machine capacity of 50 kW for surface water exploitation and utilization for power generation without flow conversion;

c) 100 m³/day-night for surface water exploitation and utilization for other purposes;

d) 20 m³/day-night for underground water exploitation and utilization;

đ) 10 m³/day-night for wastewater discharge.

3.2. Underground water exploitation area is the area arranged for exploitation works and the sanitary protection zone specified in the underground water exploitation permit.

3.3. Underground water exploitation works is a system consisting of one or more wells, shafts, tunnels, exposed veins, and caves for underground water exploitation located within an underground water exploitation area, with distances between them not exceeding 1000 meters, owned by an organization or individual.

3.4. Flow rate of an underground water exploitation work is the total flow rate of the wells, shafts, tunnels, exposed veins, and caves for underground water exploitation belonging to that work.

3.5. Average dry season groundwater flow volume of a region is calculated as the total average annual flow volume of rivers and streams in that region during the dry months (for mountainous regions), or as the amount of water contained in the aquifer storage layer between the beginning and end of the dry season (for plain regions).

4. Cases Not Requiring Permits

4.1. Surface water exploitation and utilization within the scope of land allocated or leased as stipulated in Point d Clause 1 Article 6 of Decree No. 149/2004/NĐ-CP shall apply to the exploitation and utilization of water from natural ponds and lakes formed by rain within the scope of land allocated or leased or legally used according to the laws on land.

4.2. The areas for underground water exploitation registration and well depth registration as stipulated in Clause 3 Article 6 of Decree No. 149/2004/NĐ-CP shall be specified by the People's Committees of provinces and centrally governed cities based on the following grounds:

a) Current status of underground water exploitation and utilization;

b) Underground water reserves that can be exploited in the region;

c) Characteristics of aquifer distribution; interlacing between fresh and saline aquifers.

4.3. Based on water resource capacity, the situation of water resource exploitation and utilization, and wastewater discharge into water sources in each region, and the provisions at Point 3.1 Section 3 Part I of this Circular, the People's Committees of provinces and centrally governed cities shall specify the scale of water resource exploitation and utilization, and wastewater discharge into water sources within the scope of a household that does not require a permit.

5. Competence to Issue, Extend, Change Duration, Adjust Content, Suspend Effectiveness, and Revoke Permits

5.1. The Ministry of Natural Resources and Environment shall issue, extend, change duration, adjust content, suspend effectiveness, and revoke permits in the following cases:

a) Water resource exploitation and utilization for national important projects approved by the Prime Minister;

b) Underground water exploration and exploitation for works with a flow rate of 3,000 m³/day-night or more;

c) Surface water exploitation and utilization for agricultural production with a flow rate of 2 m³/second or more;

d) Surface water exploitation and utilization for power generation with installed machine capacity of 2,000 kW or more;

đ) Surface water exploitation and utilization for other purposes with a flow rate of 50,000 m³/day-night or more;

e) Wastewater discharge into water sources with a flow rate of 5,000 m³/day-night or more.

5.2. The People's Committees of provinces and centrally governed cities shall issue, extend, change duration, adjust content, suspend effectiveness, and revoke permits in cases not specified in Point 5.1 Section 5 Part I of this Circular and not falling under the cases not requiring permits as stipulated in Article 6 of Decree No. 149/2004/NĐ-CP.

6. Main Contents of Permits

6.1. Underground water exploration permit:

a) Name and address of the permit holder;

b) Purpose and scale of exploration;

c) Coordinate location and area of the exploration zone;

d) Aquifer to be explored;

đ) Volume of exploration works;

e) Duration of the underground water exploration permit;

g) Specific requirements for each case of underground water exploration set by the issuing authority for the purpose of:

- Protecting the aquifer and surrounding environment of the exploration zone;

- Ensuring the efficiency and quality of the exploration work;

- Protecting the rights and interests of lawful exploitation and utilization of water by other organizations and individuals in the exploration zone.

h) Rights and obligations of the permit holder.

6.2. Permit for underground water exploitation and utilization:

a) Name and address of the permit holder;

b) Purpose of exploitation and utilization of water;

c) Location of the exploitation works;

d) Aquifer to be exploited;

đ) Total number of wells or tunnels, exposed veins, and caves for exploitation;

e) Total volume of water to be exploited and utilized;

g) Exploitation regime;

h) The main parameters of the exploitation works;

i) The term of the permit;

k) Specific requirements for each case of exploitation and use of underground water as prescribed by the issuing authority with the purpose of:

- Ensuring that the aquifer being exploited and related aquifers are not deteriorated or depleted; protecting the ecological environment;

- Ensuring that there is no subsidence of the ground surface;

- Protecting the rights and interests of lawful exploitation and use of underground water of organizations and individuals currently exploiting and using underground water in the area applying for the exploitation permit.

l) Rights and obligations of the permit holder.

6.3. Permit for exploitation and use of surface water:

a) Name and address of the permit holder;

b) Purpose of exploitation and utilization of water;

c) Source of water to be exploited and used;

d) Location of the exploitation and use works;

đ) Method of exploitation and use of water;

e) Quantity of water to be exploited and used;

g) Term of the permit;

h) Specific requirements for each case of exploitation and use of surface water as prescribed by the issuing authority with the purpose of:

- Ensuring the maintenance of environmental flow of the water source;

- Protecting the rights and interests of lawful exploitation and use of surface water of organizations and individuals currently exploiting and using surface water from the same water source.

i) Rights and obligations of the permit holder.

6.4. Permit for discharging wastewater into water sources:

a) Name and address of the permit holder;

b) Water source receiving wastewater;

c) Location of wastewater discharge;

d) Flow rate and method of wastewater discharge;

đ) Limitations on parameters and concentrations of pollutants in wastewater;

e) Term of the permit;

g) Specific requirements for each case of wastewater discharge as prescribed by the issuing authority with the purpose of:

- Protecting the environment and aquatic ecosystem;

- Ensuring the water quality objectives of the water source receiving wastewater;

- Protecting the rights and interests of lawful wastewater discharge of organizations and individuals currently discharging wastewater into the water source receiving wastewater.

h) Rights and obligations of the permit holder.

7. Term and extension of permits

The term and time for extending permits for exploitation and use of underground water; permits for exploitation and use of surface water; permits for discharging wastewater into water sources shall be decided by the issuing authority based on the provisions of Article 5 and Article 7 of Decree No. 149/2004/ND-CP and must take into account the following factors:

7.1. For exploitation and use of underground water:

a) Purpose of water exploitation and use;

b) Plan for exploitation and use of underground water in the proposed exploitation area; in cases where there is no plan, it must be based on the potential of underground water resources;

c) Level of detail of underground water exploration and assessed storage capacity;

d) Current status of underground water exploitation and use in the area.

7.2. For exploitation and use of surface water:

a) Purpose of water exploitation and use;

b) Plan for exploitation and use of surface water in the proposed exploitation area; in cases where there is no plan, it must be based on the potential of water resources;

c) Level of detail of water source assessment;

d) Current status of water resource exploitation and use.

7.3. For discharging wastewater into water sources:

a) Flow rate and method of wastewater discharge;

b) Parameters and concentration of pollutants in wastewater;

c) Wastewater treatment technology process;

d) Water quality objectives of the receiving water source;

đ) Monitoring and surveillance plan for the quality of the receiving water source;

e) Pollution reduction plan of the organization or individual applying for wastewater discharge permission;

g) Management and construction plan for wastewater treatment systems in the region, province, centrally governed city.

8. Changing the term and adjusting the content of permits

8.1. Changing the term and adjusting the content of permits shall be decided by the issuing authority based on the provisions of Article 8 of Decree No. 149/2004/ND-CP.

8.2. In cases where the permit holder requests to change the term or adjust the content of the permit, the permit holder must follow the procedures stipulated at point 2.5 section 2 part II of this Circular.

8.3. In cases where the issuing authority changes the term or adjusts the content of the permit, the issuing authority must notify the permit holder in writing thirty (30) days in advance.

8.4. Contents in the permit that cannot be changed or adjusted:

a) Name of the permit holder;

b) Source of water to be exploited and used; source of water receiving wastewater;

c) Quantity of water to be exploited and used exceeding twenty-five percent (25%) specified in the issued permit;

d) Quantity of wastewater discharged exceeding twenty-five percent (25%) specified in the issued permit;

đ) Parameters and concentrations of pollutants specified in the wastewater discharge permit.

In these cases, the permit holder must apply for a new permit.

9. Suspension of the effectiveness of permits

9.1. Suspension of the effectiveness of permits shall be decided by the issuing authority in cases where the permit holder commits acts as prescribed in Clause 1 Article 9 of Decree No. 149/2004/ND-CP.

9.2. When conducting regular or spot inspections, if violations of the contents prescribed in Article 9 of Decree No. 149/2004/ND-CP are discovered, the person responsible for inspection and supervision must report in writing to the issuing authority. Within thirty (30) days from the date of receipt of the report, the issuing authority has the responsibility to consider the suspension of the effectiveness of the permit.

9.3. Based on the level of violation of the permit holder, the impact of suspending the permit on production activities and people's lives in the area, the issuing authority decides the duration and period of suspension of the effectiveness of the permit, but the maximum suspension period shall not exceed:

a) Three (03) months for groundwater exploration permits;

b) Six (06) months for permits for exploitation and use of underground water; permits for exploitation and use of surface water; permits for discharging wastewater into water sources.

9.4. The issuing authority may consider shortening the suspension period of the permit when the permit holder has remedied the consequences related to the reasons for suspending the permit and completed their obligations as prescribed by law.

10. Revocation of permits.

10.1 Revocation of permits shall be decided by the issuing authority in the cases prescribed in Clause 1 Article 10 of Decree No. 149/2004/ND-CP.

10.2. When conducting regular or surprise inspections of the implementation of permits, if violations specified in points a, b, đ Clause 1 Article 10 of Decree No. 149/2004/NĐ-CP are discovered, the authorized inspector shall report in writing to the issuing authority; if violations specified in point c, d, Clause 1 Article 10 of Decree No. 149/2004/NĐ-CP are found, the authorized inspector shall handle them within their authority and simultaneously report in writing to the issuing authority. Within thirty (30) days from receiving the report, the issuing authority shall be responsible for reviewing the revocation of the permit.

10.3. In cases where the competent state agency decides to revoke the permit according to point e Clause 1 Article 10 of Decree No. 149/2004/NĐ-CP, the decision must be notified to the holder of the permit at least thirty (30) days in advance.

11. Fees for reviewing applications and licensing fees

Organizations and individuals applying for permits for exploration, exploitation, utilization of water resources, and discharge of wastewater into water sources are obligated to pay application review fees and licensing fees as prescribed by law.

II. PROCEDURES AND REQUIREMENTS FOR ISSUING, EXTENDING, CHANGING THE DURATION, AND AMENDING THE CONTENT OF PERMITS

1. The entity or individual named in the application for a permit

1.1. In cases where there is no existing facility for exploiting or utilizing water resources or discharging wastewater into water sources, the project proponent named in the application for a permit shall submit it to the authority accepting applications during the investment phase.

1.2. In cases where facilities for exploiting or utilizing water resources or discharging wastewater into water sources are state-owned but have not yet obtained a permit, the organization or individual managing and operating the facility shall name themselves in the application for a permit.

1.3. In cases where facilities for exploiting or utilizing water resources or discharging wastewater into water sources are not state-owned and have not yet obtained a permit, the owner of the facility shall name themselves in the application for a permit.

1.4. In cases where facilities for exploiting or utilizing water resources or discharging wastewater into water sources are state-owned and already have a permit issued to the project proponent, but the project proponent does not directly manage and operate the facility, the project proponent must issue a handover document to the organization or individual managing and operating the facility. The organization or individual managing and operating the facility shall exercise the rights and obligations of the permit holder.

2. Application for issuance, extension, change of duration, and amendment of the content of permits

2.1. The application for a permit for underground water exploration includes:

a) An application form for the permit;

b) An exploration plan for underground water for projects with a flow rate of 200 m³/day-night or more; well design for projects with a flow rate less than 200 m³/day-night;

c) A certified copy of the certificate of land use right or other valid documents regarding land use rights according to the law on land at the location of exploration, or a document from the competent People's Committee allowing the use of land for exploration;

The model of the application for a permit for underground water exploration is stipulated in Section I of the List of Sample Applications for Permits attached to this Circular.

2.2. The application for a permit for exploitation and utilization of underground water includes:

a) An application form for the permit;

b) An exploitation plan for underground water;

c) A map of the area and location of the underground water exploitation facility at a scale of 1/50,000 to 1/25,000 based on the VN 2000 coordinate system;

d) A report on the results of underground water exploration for projects with a flow rate of 200 m³/day-night or more; a construction report for wells for projects with a flow rate less than 200 m³/day-night; a current exploitation status report for ongoing underground water exploitation projects;

đ) Water quality analysis results for the intended use as prescribed by the State at the time of application;

e) A certified copy of the certificate of land use right or other valid documents regarding land use rights according to the law on land at the location of the exploitation well. If the land where the exploitation well is located does not belong to the land use rights of the applicant, a land use agreement between the exploitation organization or individual and the land use rights holder must be provided, confirmed by the People's Committee of the commune where the facility is located;

The model of the application for a permit for exploitation and utilization of underground water is stipulated in Section II of the List of Sample Applications for Permits attached to this Circular.

2.3. The application for a permit for surface water exploitation and utilization includes:

a) An application form for the permit;

b) An exploitation and utilization plan for surface water, including operational procedures for projects without existing facilities; a current exploitation and utilization status report for projects with existing facilities;

c) Water quality analysis results for the intended use as prescribed by the State at the time of application;

d) A map of the area and location of the surface water exploitation facility at a scale of 1/50,000 to 1/25,000 based on the VN 2000 coordinate system;

đ) A certified copy of the certificate of land use right or other valid documents regarding land use rights according to the law on land at the location of the exploitation facility. If the land where the exploitation facility is located does not belong to the land use rights of the applicant, a land use agreement between the exploitation organization or individual and the land use rights holder must be provided, confirmed by the People's Committee of the commune where the facility is located;

The model of the application for a permit for surface water exploitation and utilization is stipulated in Section III of the List of Sample Applications for Permits attached to this Circular.

2.4. The application for a permit for discharging wastewater into water sources includes:

a) An application form for the permit;

b) Water quality analysis results at the location of wastewater reception as prescribed by the State at the time of application;

c) Regulations on sanitary protection zones (if any) established by the competent authority at the proposed discharge location;

d) A wastewater discharge plan, including operational procedures for wastewater treatment systems for projects without existing treatment facilities; a current wastewater discharge status report, including wastewater component analysis results and confirmation of environmental protection fee payment for wastewater in projects with existing treatment facilities.

đ) A map showing the location of the wastewater discharge area into water sources at a scale of 1/10,000;

e) An environmental impact assessment report that has been approved by the competent authority, or an environmental standard compliance registration form in accordance with the laws on environmental protection;

g) A notarized copy of the certificate or valid document regarding land use rights in accordance with the laws on land where the wastewater discharge facility is located. In cases where the land for the wastewater discharge facility does not belong to the organization or individual applying for permission, there must be a written agreement for land use between the organization or individual discharging wastewater and the organization or individual currently holding land use rights, confirmed by the People's Committee of the commune or ward where the facility is located;

The application form for obtaining a wastewater discharge permit into water sources is specified in Section IV of the List of Application Forms for Issuing Permits attached to this Circular.

2.5. The application dossier for extending, changing the term, or adjusting the content of permits for exploration, exploitation, utilization of water resources, and wastewater discharge into water sources includes:

a) A request for extension, change of term, or adjustment of permit content;

b) The previously issued permit;

c) Water quality analysis results according to state regulations at the time of requesting extension, change of term, or adjustment of permit content;

d) Report on the implementation of regulations stipulated in the permit;

đ) The project for exploration, exploitation, utilization of water resources, and wastewater discharge into water sources in cases requesting adjustment of permit content;

The application form for extending, changing the term, or adjusting the content of permits for exploration, exploitation, utilization of water resources, and wastewater discharge into water sources is specified in Section V of the List of Application Forms for Issuing Permits attached to this Circular.

2.6. Documents related to exploration, topographic survey, geological survey, hydrogeological survey, hydrological survey, meteorological survey, water quality, and other documents used to prepare projects and reports in the application dossier for obtaining a permit must be provided by organizations with legal status in the relevant fields; underground water exploration projects in the application dossier for obtaining a permit for underground water exploration and exploitation must be approved by the issuing authority.

2.7. The preparation of projects and reports in the application dossier for obtaining a permit must comply with technical standards, procedures, norms, and specifications issued by competent state agencies; if foreign technical standards are applied, they must be approved by competent state agencies.

3. Procedure for Issuing Permits

The procedure for issuing permits for exploration, exploitation, utilization of water resources, and wastewater discharge into water sources as stipulated in Clause 2 of Article 19, Clause 2 of Article 20, Clause 2 of Article 21, and Clause 2 of Article 22 of Decree No. 149/2004/ND-CP is guided as follows:

3.1. Receiving and Checking Dossiers:

a) Organizations or individuals named in the application dossier for obtaining a permit shall submit the dossier to the agency responsible for receiving and managing dossiers in accordance with Article 14 of Decree No. 149/2004/ND-CP; send a copy of the dossier to the Provincial Department of Natural Resources and Environment where the proposed construction project is located when the receiving agency is the National Water Resources Management Agency;

b) The agency receiving the dossier is responsible for checking the completeness and validity of the application dossier for obtaining a permit in accordance with Points 2.1, 2.2, 2.3, and 2.4 of Section 2, Part II of this Circular within five (5) working days from the date of receipt of the application dossier. In cases where the application dossier for obtaining a permit is incomplete or invalid, the agency receiving the dossier will notify in writing the organization or individual requesting the permit to complete the dossier in accordance with the regulations.

3.2. Time Limit for Review:

a) The review period for the application dossier for obtaining a permit for underground water exploration is fifteen (15) working days for projects with a scale below 3,000 m³/day-night, thirty (30) working days for projects with a scale of 3,000 m³/day-night or more;

b) The review period for the application dossier for obtaining a permit for underground water exploitation and utilization is fifteen (15) working days for cases where there is already an exploitation well. For cases without an exploitation well, the review period and the time limit for the issuing authority to issue a permit for construction of the exploitation well is ten (10) working days.

c) The review period for the application dossier for obtaining a permit for surface water exploitation and utilization is thirty (30) working days;

d) The review period for the application dossier for obtaining a permit for wastewater discharge into water sources is thirty (30) working days;

The review period starts from the date when the valid dossier is fully received.

3.3. Content of Review of Dossier:

a) Legal basis for requesting permits for exploration, exploitation, utilization of water resources, and wastewater discharge into water sources;

b) Documentation used, standards, procedures, norms, and technical specifications applied in projects and reports on exploration, exploitation, utilization of water resources, and wastewater discharge into water sources;

c) Rationality of selecting water sources; layout plan of exploration facilities, methods, and volume of exploration in cases requesting permits for underground water exploration; calculation results of underground water reserves, location, scale, and method of exploitation and utilization of water resources, and wastewater discharge into water sources.

d) Compatibility of water resource exploitation and utilization, and wastewater discharge into water sources with regional water resource exploitation, utilization, and protection plans;

đ) Impact of water resource exploitation and utilization, and wastewater discharge into water sources on water sources, environment, and the lawful rights of other organizations and individuals to exploit and utilize water resources and discharge wastewater into water sources.

3.4. Organization of Dossier Review:

a) The agency receiving the dossier organizes the review of the application dossier for obtaining a permit and is responsible for the review results;

b) If necessary, the agency receiving the dossier may establish a Review Board, seek opinions from relevant agencies and organizations; the agencies and organizations asked for their opinions are responsible for providing written responses to the agency receiving the dossier within seven (7) working days from the date of receipt of the opinion solicitation letter.

c) In case the agency receiving the file organizes on-site inspection, the organization or individual requesting the permit shall be responsible for providing information related to the inspection as required by the agency receiving the file;

d) The Department of Natural Resources and Environment shall be responsible for notifying its opinion (if any) regarding the permit request within ten (10) working days from the date of receipt of a copy of the application file for permits in cases where the permit requests are organized for review by the Water Resources Management Agency;

3.5. Based on the provisions of Article 4 and Article 5 of Decree No. 149/2004/ND-CP and the results of the file review, the agency receiving the file shall prepare a review report to submit to the issuing authority;

a) In case the file meets the conditions for issuance of a permit, the agency receiving the file shall draft the permit for submission to the issuing authority for consideration and decision. The format of the permit is specified in Section VI of the List of Sample Application Files attached to this Circular.

b) In case the file does not meet the conditions for issuance of a permit, the agency receiving the file shall return the file and notify in writing the reasons for not granting the permit to the organization or individual making the request.

3.6. On the basis of the review report and the recommendation of the agency receiving the file, the issuing authority shall consider and decide on the issuance of the permit.

4. Procedure for extension, change of term, and adjustment of the content of the permit

The procedure for extending, changing the term, and adjusting the content of the permit for exploration, exploitation, utilization of water resources, and discharge of wastewater into water sources, as stipulated in Clause 2, Article 23 of Decree No. 149/2004/ND-CP, is guided as follows:

4.1. Receiving and checking the file:

a) The holder of the permit who requests an extension, change of term, or adjustment of the content of the permit shall submit the file to the agency receiving and managing the file in accordance with Article 14 of Decree No. 149/2004/ND-CP; send one (01) set of the file to the local Department of Natural Resources and Environment where the project is located if the agency receiving the file is the Water Resources Management Agency.

b) The agency receiving the file shall be responsible for checking the completeness and validity of the file requesting an extension, change of term, or adjustment of the content of the permit according to Point 2.5, Section 2, Part II of this Circular within five (05) working days from the date of receipt of the request file. In case the file is incomplete or invalid, the agency receiving the file shall notify in writing the organization or individual requesting the extension, change of term, or adjustment of the content of the permit to complete the file in accordance with the regulations.

4.2. Review period:

The review period for the file requesting an extension, change of term, or adjustment of the content of the permit for exploration, exploitation, utilization of water resources, and discharge of wastewater into water sources is twenty (20) working days from the date of receipt of a complete and valid file.

4.3. Content of the review:

a) For the case of extending the permit:

- Reasons for requesting an extension of the permit;

- The accuracy and completeness of the report prepared by the permit holder on the implementation of the contents of the permit;

- The suitability of the extension of the permit with the planning for exploitation, utilization, and protection of water resources or the capacity of the water source area;

- The impact of the extension of the permit on the water environment and the lawful rights of other organizations and individuals to exploit, utilize water resources, and discharge wastewater into water sources.

b) For the case of adjusting the content of the permit:

- Basis for requesting the adjustment of the content of the permit;

- Reasons for requesting the adjustment of the content of the permit;

- The accuracy and completeness of the report prepared by the permit holder on the implementation of the contents of the permit;

- The suitability of the adjustment of the content of the permit with the actual situation of exploration, exploitation, utilization of water resources, and discharge of wastewater into water sources and the protection of water resources in the region;

- The impact of the adjustment of the content of the permit on the water source, the environment, and the lawful rights of other organizations and individuals to exploit, utilize water resources, and discharge wastewater into water sources.

4.4. Organizing the review of the file:

a) The agency receiving the file shall organize the review of the file requesting an extension, change of term, or adjustment of the content of the permit and shall be responsible for the result of the review;

b) If necessary, the agency receiving the dossier may establish a Review Board, seek opinions from relevant agencies and organizations; the agencies and organizations asked for their opinions are responsible for providing written responses to the agency receiving the dossier within seven (7) working days from the date of receipt of the opinion solicitation letter.

c) In case the agency receiving the file organizes on-site inspection, the organization or individual requesting an extension, change of term, or adjustment of the content of the permit shall be responsible for providing information related to the inspection as required by the agency receiving the file;

d) The Department of Natural Resources and Environment shall be responsible for notifying its opinion (if any) regarding the request for extension, change of term, or adjustment of the content of the permit within ten (10) working days from the date of receipt of a copy of the file in cases where the request for extension, change of term, or adjustment of the content of the permit is organized for review by the Water Resources Management Agency;

4.5. Based on the provisions of Articles 4, 5, 7, and 8 of Decree No. 149/2004/ND-CP and the results of the file review, the agency receiving the file shall prepare a review report to submit to the issuing authority:

a) In case the file meets the conditions for extension, change of term, or adjustment of the content of the permit, the agency receiving the file shall draft the decision for submission to the issuing authority for consideration and decision. The format of the decision for extension, change of term, or adjustment of the content of the permit is specified in Section VII of the List of Sample Application Files attached to this Circular.

b) In case the file does not meet the conditions, the agency receiving the file shall return the file and notify in writing the reasons for not granting the permit to the organization or individual requesting the extension, change of term, or adjustment of the content of the permit.

4.6. On the basis of the review report and the recommendation of the agency receiving the file, the issuing authority shall consider and decide on the extension, change of term, or adjustment of the content of the permit.

III. MANAGEMENT OF FILES AND PERMITS

1. The agency receiving the file shall be responsible for storing files and permits for exploration, exploitation, utilization of water resources, and discharge of wastewater into water sources; the files and permits stored include:

a) The file requesting issuance, extension, change of term, or adjustment of the content of the permit in accordance with Clause 1, Article 19, Clause 1, Article 20, Clause 1, Article 21, Clause 1, Article 22, and Clause 1, Article 23 of Decree No. 149/2004/ND-CP;

b) The report on the examination of the application file for issuance, extension, change of term, and adjustment of the content of the permit;

c) The original permit for exploration, exploitation, use of water resources, and discharge of wastewater into water sources.

2. Projects and reports on underground water exploration, exploitation, use of water resources, and discharge of wastewater into water sources must be stamped with the confirmation seal of the examining authority after examination.

IV. IMPLEMENTATION

1. Responsibilities for Implementation

1.1. The People's Committee of the province or centrally governed city shall be responsible for directing the implementation of this Circular at the local level.

1.2. The Department of Natural Resources and Environment shall assist the People's Committee at the same level in managing, compiling, and preparing annual reports on the situation of permit issuance, implementation of permits for exploration, exploitation, use of water resources, and discharge of wastewater into water sources within the administrative management area of the locality, and submitting these annual reports to the National Water Resources Management Agency.

1.3. The National Water Resources Management Agency shall assist the Ministry of Natural Resources and Environment in managing, compiling, and preparing annual reports on the situation of permit issuance, implementation of permits for exploration, exploitation, use of water resources, and discharge of wastewater into water sources nationwide.

1.4. The Director of the National Water Resources Management Agency and the Director of the Department of Natural Resources and Environment shall be responsible for guiding, urging, and inspecting the implementation of this Circular. In the course of implementation, if there are difficulties, they must promptly report to the Ministry of Natural Resources and Environment for consideration and decision.

2. Effective Date

2.1. Abolish the provisions on the issuance of permits for underground water exploration and exploitation issued together with Decision No. 05/2003/QĐ-BTNMT dated September 4, 2003, of the Minister of Natural Resources and Environment.

2.2. Permits for underground water exploration, permits for exploitation and use of underground water, permits for exploitation and use of surface water, and permits for discharge of wastewater into water sources that have been issued by competent authorities in accordance with the law and are still valid shall continue to be effective until their expiration date.

2.3. This Circular shall take effect fifteen days from the date of publication in the Official Gazette./.