Decree No. 02/2023/ND-CP detailing the implementation of certain provisions of the Law on Water Resources

DECREE

Regulations on the detailed implementation of certain provisions of the Water Resources Law

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

On the basis of the Law on Water Resources dated June 21, 2012;

Pursuant to the Environmental Protection Law dated November 17, 2020;

At the proposal of the Minister of Natural Resources and Environment;

The Government promulgates this Decree to provide detailed regulations on the implementation of certain provisions of the Water Resources Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree provides detailed regulations on Clause 4 Article 6; Clause 5 Article 13; Clause 5 Article 29; Clause 4 Article 43; Clause 4 Article 44; Clause 6 Article 52; Point e Clause 1 Article 72; Clause 3 Article 72; Clause 2 Article 73 Law on Water Resources concerning soliciting opinions from community representatives and publicizing information in water resource exploitation and utilization; basic investigation of water resources; replanting forest areas lost and contributing financial resources for forest protection and development; transferring rights to exploit water resources; registering and issuing permits for water resource exploitation and utilization; exploring and exploiting underground water; organizing river basins and coordinating, supervising activities related to water resource exploitation, utilization, protection, prevention, mitigation, and remediation of adverse effects caused by water within river basins.

2. This Decree applies to agencies, organizations, communities, households, and individuals whose activities are related to the contents stipulated in Clause 1 of this Article on the territory of the Socialist Republic of Vietnam.

Article 2. Soliciting Opinions from Community Representatives and Related Organizations and Individuals in Water Resource Exploitation and Utilization

Community representatives and related organizations and individuals involved in water resource exploitation and utilization as prescribed in Article 6 of the Water Resources Law include: representatives of the People's Committee at the commune level, the People's Council of the Commune-level Front Organization, the People's Committee at the district level, representatives of units managing and operating water exploitation and utilization facilities affected by the project’s water exploitation and utilization activities, and other related organizations and individuals.

Soliciting opinions from community representatives and related organizations and individuals involved in water resource exploitation and utilization that significantly impact production and living conditions in the locality shall be carried out as follows:

1. Projects constructing water resource exploitation and utilization facilities must solicit opinions including:

a) Reservoirs and dams built on rivers and streams requiring permission;

b) Surface water exploitation and utilization facilities not falling under point a of this clause with a flow rate of 10 m³/second or more;

c) Facilities transferring water between different water sources;

d) Underground water exploitation and utilization facilities (including one or more wells, excavations, pits, tunnels, exposed veins, and caves owned by an organization or individual and located within 1,000 meters of each other) with a flow rate of 12,000 m³/day-night or more.

2. Time for soliciting opinions:

a) During the investment project planning process for cases specified in points a, b, and c of Clause 1 of this Article;

b) During the exploration process for underground water exploitation and utilization facilities specified in point d of Clause 1 of this Article.

3. Information provided for soliciting opinions includes:

a) Project feasibility study report and design basis for construction projects (feasibility study report) attached to the submission for competent authority review;

b) Implementation plan for construction projects;

c) Construction schedule;

d) Estimated impacts of water exploitation and utilization and facility operation on water sources, environment, and other users potentially affected during construction and operation periods, and when the facility is not operational;

đ) Measures to protect water resources and ensure water supply for other users potentially affected during construction and operation periods, and when the facility is not operational;

e) Information stipulated in Clause 1 of Article 3 of this Decree;

g) Other data and documents related to water resource exploitation and utilization.

4. Agencies responsible for soliciting opinions:

a) District People's Committees where provincial waters flow through shall organize opinion solicitation for water resource exploitation and utilization facilities within provincial waters specified in points a and b of Clause 1 of this Article;

b) Provincial People's Committees where inter-provincial waters flow through shall organize opinion solicitation for water resource exploitation and utilization facilities within inter-provincial waters specified in points a and b of Clause 1 of this Article;

c) District People's Committees where provincial waters are transferred shall organize opinion solicitation for facilities transferring provincial waters;

d) Provincial People's Committees where inter-provincial waters are transferred shall organize opinion solicitation for facilities transferring inter-provincial waters;

đ) District People's Committees where underground water extraction facilities are planned to be located shall organize opinion solicitation for underground water exploitation and utilization facilities specified in point d of Clause 1 of this Article.

5. Procedures for soliciting opinions:

a) The project proponent sends the documents and information stipulated in Clause 3 of this Article to the District People's Committee and the District Department of Natural Resources and Environment, if the agency responsible for soliciting opinions is the District People's Committee, or to the Provincial People's Committee and the Provincial Department of Natural Resources and Environment, if the agency responsible for soliciting opinions is the Provincial People's Committee;

b) In cases where the agency responsible for soliciting opinions is the District People's Committee, within 30 working days from the date of receiving the request for opinions from the project proponent, the District Department of Natural Resources and Environment shall assist the District People's Committee in organizing meetings and discussions with relevant agencies, organizations, and individuals to provide opinions on the proposed construction project or directly dialogue with the project proponent; compile and submit the opinions to the District People's Committee for forwarding to the project proponent;

c) In cases where the agency responsible for soliciting opinions is the Provincial People's Committee, within 40 working days from the date of receiving the request for opinions from the project proponent, the Provincial Department of Natural Resources and Environment shall assist the Provincial People's Committee in organizing meetings, discussions, or direct dialogues with relevant agencies, organizations, and individuals to provide opinions on the proposed construction project; compile and submit the opinions to the Provincial People's Committee for forwarding to the project proponent;

d) In addition to the information contents prescribed in Clause 3 of this Article, the investor shall be responsible for providing supplementary data, reports, and information about the project if the agencies specified in Clause 4 of this Article request such information, and shall directly report, explain, and clarify at meetings to address issues related to the project.

6. The investor shall be responsible for compiling, adopting, and explaining comments. The document containing comments and the compilation and explanation thereof shall be part of the project dossier when submitted to the competent authority for examination and approval, and must be attached to the application for a water resources exploitation permit.

7. Soliciting opinions or making prior notifications before establishing projects as stipulated in Clauses 2 and 3 of Article 6 of the Water Resources Law shall be carried out as follows:

a) For projects transferring water from internal provincial water sources: The investor shall submit a document soliciting opinions along with the scale, plan for transferring water, and relevant information, data, and materials to the People's Committee of the commune, the People's Committee of the district where the internal provincial water source is being transferred from, and the Department of Natural Resources and Environment.

Within forty working days from the date of receipt of the investor’s request for opinions, the Department of Natural Resources and Environment shall be responsible for guiding and supporting the People's Committee of the district and the People's Committee of the commune in organizing meetings with relevant agencies and organizations to provide opinions on the proposed scale and plan for transferring water, or direct dialogue with the investor; compile opinions and send them to the investor.

b) For projects transferring water from inter-provincial water sources, or projects constructing reservoirs or dams on the main river within an inter-provincial watershed: The investor shall submit a document soliciting opinions along with the scale, plan for transferring water, construction plan, and relevant information, data, and materials to the People's Committees of the provinces where the inter-provincial water source is being transferred from, or the People's Committees of the provinces through which the main river flows, the watershed organization (if any), and the relevant Departments of Natural Resources and Environment.

Within seven working days from the date of receipt of the investor’s request for opinions, the Department of Natural Resources and Environment shall be responsible for sending the documents to the relevant provincial departments, agencies, and bodies.

Within sixty working days from the date of receipt of the investor’s request for opinions: If there is a watershed organization, it shall be responsible for responding in writing to the investor; the Department of Natural Resources and Environment shall be responsible for organizing meetings with relevant provincial departments, agencies, and organizations, and related organizations and individuals to provide opinions on the planned construction works or direct dialogue with the investor, compile opinions, and submit them to the People's Committee of the province for forwarding to the investor.

c) For projects constructing reservoirs or dams on tributaries within an inter-provincial watershed:

Prior to initiating the establishment of investment projects, the investor must notify the scale and proposed construction plan for the works to the watershed organization and the People's Committees of the provinces within the watershed.

Based on the comments received, the investor shall complete the construction plan and submit it to the competent authority for issuing a water resources exploitation permit for review and approval regarding the scale and construction plan before establishing the investment project.

8. The costs for organizing the solicitation of opinions shall be borne by the investor.

Article 3. Disclosure of Information

The disclosure of information related to the exploitation and utilization of water resources as stipulated in Point b, Clause 1, Article 6 of the Water Resources Law shall be carried out as follows:

1. Investors of projects specified in Clause 1, Article 2 of this Decree must publicly disclose the following information:

a) For surface water exploitation and utilization works specified in Points a, b, and c, Clause 1, Article 2 of this Decree: Purpose of exploitation and utilization; source of exploited and utilized water; location of exploitation and utilization works; method of exploitation and utilization; volume of exploited and utilized water; time of exploitation and utilization; basic characteristics of reservoirs and dams in cases where reservoirs and dams are constructed;

b) For groundwater exploitation and utilization works specified in Point d, Clause 1, Article 2 of this Decree: Purpose of exploitation and utilization; location of exploitation and utilization works; aquifer for exploitation, depth of exploitation; total number of wells for exploitation; total volume of exploited and utilized water; exploitation regime; time of exploitation and utilization.

2. The disclosure of information shall be conducted through the following methods:

a) Through mass media of People's Committees at district level and websites of People's Committees at provincial level as stipulated in Clause 3, Article 2 of this Decree;

b) Thirty working days before commencement and throughout the construction period, investors must publicly post the information specified in Clause 1 of this Article at the People's Committee of the district, People's Committee of the commune, and at the construction site.

Article 4. National Council on Water Resources

1. Establishing the National Council on Water Resources to advise the Government and the Prime Minister on important decisions regarding water resources within their duties and powers.

2. The National Council on Water Resources shall be chaired by a Deputy Prime Minister; the Minister of Natural Resources and Environment shall serve as Vice-Chairman; members of the Council shall be representatives from relevant ministries, sectors, agencies, and organizations, approved by the Chairman of the Council; the Ministry of Natural Resources and Environment shall be the permanent office of the Council.

3. Supporting the National Council on Water Resources is the Office of the National Council on Water Resources located at the Ministry of Natural Resources and Environment. The organization and operation of the Office of the National Council on Water Resources shall be regulated by the Chairman of the Council.

4. The Prime Minister shall specify the tasks and powers of the National Council on Water Resources.

Article 5. River Basin Organizations

1. River basin organizations shall be established and operate according to the regulations of inter-sectoral coordination organizations.

River basin organizations have the responsibility to propose and recommend to competent state authorities the regulation, distribution of water sources, supervision of activities related to the exploitation, utilization, protection of water resources, prevention, control, and mitigation of adverse effects caused by water in one or several inter-provincial river basins.

2. The Prime Minister decides on the establishment of the Red River - Thai Binh River Basin Organization and the Mekong River Basin Organization upon the proposal of the Minister of Natural Resources and Environment.

3. The Minister of Natural Resources and Environment establishes river basin organizations for other inter-provincial river basins, except for those cases specified in Clause 2 of this Article, based on the proposals of heads of specialized state management agencies for water resources.

Chapter II

BASIC INVESTIGATION OF WATER RESOURCES

Article 6. Responsibilities for conducting investigations and assessments of water resources

The responsibilities for implementing the contents of the investigation and assessment of water resources as stipulated in Clause 2, Article 12 of the Water Resources Law are specified as follows:

1. The Ministry of Natural Resources and Environment shall organize the investigation and assessment of water resources for transboundary water sources and inter-provincial water sources; compile the results of the investigation and assessment of water resources in inter-provincial river basins and throughout the country.

2. Provincial People's Committees shall organize the investigation and assessment of water resources for intra-provincial water sources and inter-provincial water sources on their territory that have not yet been investigated and assessed; compile the results of the investigation and assessment of water resources in intra-provincial river basins and on their territory, and send the results to the Ministry of Natural Resources and Environment for compilation.

Article 7. Inventory of water resources

1. The inventory of water resources shall be conducted uniformly nationwide, every five years, in accordance with the national socio-economic development plan.

2. Responsibilities for inventorying water resources:

a) The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant ministries and ministerial-level agencies to develop proposals and plans for the inventory of water resources nationwide, submit them for approval by the Prime Minister; organize the inventory of water resources for transboundary water sources and inter-provincial water sources; compile and publish the results of the inventory in inter-provincial river basins and nationwide;

b) Provincial People's Committees shall organize the inventory of water resources for intra-provincial water sources; compile the results of the inventory of intra-provincial river basins and water sources on their territory, and send them to the Ministry of Natural Resources and Environment for compilation;

c) Ministries and ministerial-level agencies within their respective functions and powers shall be responsible for coordinating with the Ministry of Natural Resources and Environment and Provincial People's Committees in the implementation of the inventory of water resources.

3. The Ministry of Natural Resources and Environment shall provide guidance on the content, forms for the inventory, and reports on the results of the inventory of water resources.

Article 8. Investigation of current exploitation, utilization of water resources, and discharge of wastewater into water sources

1. Responsibilities for investigating the current exploitation, utilization of water resources, and discharge of wastewater into water sources:

a) The Ministries of Industry and Trade, Agriculture and Rural Development, Construction, Transport, Culture, Sports and Tourism, and other relevant ministries and ministerial-level agencies within their respective functions and powers shall organize the investigation and prepare reports on the use of water in their sectors and fields, and submit them to the Ministry of Natural Resources and Environment for compilation;

b) The Ministry of Natural Resources and Environment shall organize the investigation of the current exploitation of water resources and discharge of wastewater into water sources for inter-provincial and transboundary water sources; compile the results of the investigation of the current exploitation, utilization of water resources, and discharge of wastewater into water sources in inter-provincial river basins and nationwide;

c) Provincial People's Committees within their respective functions and powers shall be responsible for investigating the current exploitation, utilization of water resources, and discharge of wastewater into water sources for intra-provincial water sources and water sources on their territory; compile the results of the investigation of the current exploitation, utilization of water resources, and discharge of wastewater into water sources in intra-provincial river basins and on their territory, and send them to the Ministry of Natural Resources and Environment for compilation.

2. The Ministry of Natural Resources and Environment shall specify the content, forms for the investigation, the content of reports, and the procedures for investigating the current exploitation, utilization of water resources, and discharge of wastewater into water sources.

Article 9. Water Resources Monitoring

1. The network of water resources monitoring stations includes:

a) The central network of monitoring stations includes rain gauge stations; flow rate, water level, and water quality monitoring stations for transnational, inter-provincial surface water sources, important intra-provincial surface water sources, and coastal seawater; water level and water quality monitoring stations for inter-provincial aquifers or those with significant potential;

b) The local network of monitoring stations includes rain gauge stations; flow rate, water level, and water quality monitoring stations for surface water and groundwater within the administrative area and must be connected to the central network of monitoring stations.

2. The Ministry of Natural Resources and Environment shall take the lead and coordinate with provincial People's Committees to organize the planning of the network of water resources monitoring stations nationwide, and submit it to the Prime Minister for approval.

3. Based on the plan for the network of water resources monitoring stations, the Ministry of Natural Resources and Environment shall organize the construction, management, and implementation of water resources monitoring for the central network of monitoring stations; the Department of Natural Resources and Environment shall organize the construction, management, and implementation of water resources monitoring for the local water resources monitoring network.

4. The Ministry of Natural Resources and Environment shall stipulate the contents and monitoring regimes for water resources monitoring as provided in this Article.

Article 10. Construction and Maintenance of Flood, Drought, Salinity Intrusion, Sea Level Rise Warning and Forecasting Systems and Other Harm Caused by Water

1. The warning and forecasting system for floods, droughts, salinity intrusion, sea level rise, and other harm caused by water shall be established in each river basin and must be integrated into a unified system within the water resources information and database system.

2. The Ministry of Natural Resources and Environment shall have the responsibility:

a) Construction and maintenance of flood, drought, salinity intrusion, sea level rise, and other harm caused by water warning and forecasting systems nationwide;

b) Implementation of warning, forecasting, provision, and assurance of information and data to serve flood, drought, salinity intrusion, sea level rise, and other harm caused by water prevention and control activities according to laws on water resources, laws on flood and storm prevention, and disaster mitigation.

3. Ministries, ministerial-level agencies, and provincial People's Committees, based on requirements for flood, drought, salinity intrusion, sea level rise, and other harm caused by water prevention and control, shall build warning and forecasting systems to serve the operations of their respective ministries, sectors, and localities.

Article 11. Water Resources Information System and Database

1. The water resources information system and database include:

a) The national water resources information system and database;

b) The local water resources information system and database.

2. Responsibilities of ministries, ministerial-level agencies, and provincial People's Committees:

a) The Ministry of Natural Resources and Environment shall stipulate data sets and data standards; organize the construction, management of the national water resources information system and database, and the exploitation and sharing of water resources information and data;

b) The Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade, the Ministry of Construction, and other relevant ministries and ministerial-level agencies within their respective functions and powers shall be responsible for organizing the construction, management, and exploitation of databases on their water usage and integrating them into the national water resources information system and database;

c) Provincial People's Committees shall organize the construction, management, and exploitation of local water resources information systems and databases and integrate them into the national water resources information system and database.

Article 12. Report on Water Resource Utilization

1. Annually, the Ministries of Industry and Trade, Agriculture and Rural Development, Construction, and other ministries and equivalent agencies, as well as provincial People's Committees within their respective duties and authorities, shall be responsible for preparing reports on their water utilization situations and submitting them to the Ministry of Natural Resources and Environment before January 30 of the following year for consolidation and monitoring.

2. The Ministry of Natural Resources and Environment shall stipulate the contents and formats of the water resource utilization report.

Chapter III

WATER PROTECTION, EXPLOITATION, AND UTILIZATION

Article 13. Replanting Lost Forest Areas and Contributing Financially to Forest Protection and Development

1. The Ministry of Agriculture and Rural Development shall be responsible for stipulating replanting requirements for lost forest areas.

2. The regulations on the level of financial contribution for forest protection activities within reservoir watersheds and participation in upstream forest protection and development activities shall be governed by forestry laws.

Article 14. Underground Water Exploration

1. Prior to constructing underground water extraction facilities or increasing extraction volume beyond 25% of the permitted volume specified in the underground water extraction and utilization permit, if additional wells need to be drilled, the project investor must conduct exploration to assess reserves, quality, and extraction capacity, and must obtain an exploration permit, except for cases where underground water extraction and utilization do not require a permit.

2. Organizations and individuals undertaking underground water exploration projects must meet the conditions for drilling underground water wells as prescribed and must obtain a permit for such activities from the competent state authority.

3. During the exploration process, organizations and individuals undertaking underground water exploration projects have the obligation:

a) To implement measures to ensure safety for people and exploration works;

b) To prevent subsidence, land subsidence, saltwater intrusion, and pollution of aquifers;

c) To plug and fill abandoned or unused wells after the completion of exploration;

d) To implement other measures to protect underground water and the environment.

4. The investor conducting exploration has the obligation:

To cooperate with organizations and individuals undertaking underground water exploration projects to inspect and supervise compliance with the provisions of Clause 3 of this Article; if violations are discovered, they must immediately halt the exploration;

b) In case of accidents, they must promptly address them; if damage occurs, they must compensate according to the law;

c) To submit the exploration results report to the agency designated to receive and review the file as stipulated in Article 29 of this Decree.

Article 15. Water Resource Permit

1. Water resource permits include: Underground water exploration permit; surface water extraction and utilization permit; underground water extraction and utilization permit; sea water extraction and utilization permit.

2. A water resource permit shall contain the following main contents:

a) Name and address of the organization or individual receiving the permit;

b) Name and location of the exploration or extraction facility;

c) Source of water being explored or extracted;

d) Scale, capacity, flow rate, and key parameters of the exploration or extraction facility; purpose of use for extraction and utilization permits;

đ) Extraction and utilization regime and method;

e) Duration of the permit;

g) Specific requirements and conditions for each case of exploration, extraction, and utilization of water resources as prescribed by the issuing authority to protect water sources and ensure the legitimate rights and interests of related organizations and individuals;

h) Rights and obligations of the permit holder.

Article 16. Cases of exploitation and utilization of water resources that do not require registration or permit

1. Cases of exploitation and utilization of water resources prescribed in Points a, c, d, and đ Clause 1 Article 44 of the Water Resources Law which do not fall under the cases prescribed in Clause 2 Article 44 of the Water Resources Law.

2. Cases of works for exploitation and utilization of water resources on a small scale for production, business, and services prescribed in Point b Clause 1 Article 44 of the Water Resources Law include:

a) Exploitation of underground water for production, business, and service activities with a scale not exceeding 10 m³/day-night not falling under the cases prescribed in Clause 2 Article 44 of the Water Resources Law;

b) Exploitation of surface water for commercial and service purposes and non-agricultural production not exceeding 100 m³/day-night;

c) Reservoirs and irrigation dams with a total capacity less than 0.01 million m³ or other surface water exploitation works for agricultural production and aquaculture with a scale not exceeding 0.1 m³/second;

In the case of reservoirs and irrigation dams with a total capacity less than 0.01 million m³ having an exploitation scale for agricultural production and aquaculture exceeding 0.1 m³/second or having other purposes of water exploitation and utilization with an exploitation scale exceeding the provisions of Points b and đ of this clause, registration or application for permission must be carried out according to Article 17 of this Decree.

d) Exploitation and utilization of surface water for power generation with installed capacity not exceeding 50 kW;

đ) Exploitation and utilization of seawater for production, business, and service activities on land with a scale not exceeding 10,000 m³/day-night; exploitation and utilization of seawater for activities at sea and islands.

Article 17. Cases of works for exploitation and utilization of water resources that require registration and permit

1. Cases of works for exploitation and utilization of water resources that require registration include:

a) Reservoirs and irrigation dams with a total capacity from 0.01 million m³ to 0.2 million m³ or other surface water exploitation and utilization works for agricultural production and aquaculture (excluding other purposes within the scope requiring permits) with an exploitation flow rate greater than 0.1 m³/second up to 0.5 m³/second;

In the case of reservoirs and irrigation dams with a total capacity from 0.01 million m³ to 0.2 million m³ having purposes of water exploitation and utilization with an exploitation scale within the scope requiring permits, application for permission must be carried out according to this Decree.

b) Exploitation and utilization of seawater for production activities on land including aquaculture, business, and services with a scale over 10,000 m³/day-night up to 100,000 m³/day-night;

c) Exploitation and utilization of underground water falling under the cases prescribed in Point a Clause 2 Article 16 of this Decree and the cases prescribed in Points a and d Clause 1 Article 44 of the Water Resources Law within the list of restricted underground water exploitation areas announced by the Provincial People's Committee;

d) Utilization of self-flowing underground water in mining pits for ore beneficiation without lowering the groundwater level or pumping to drain self-flowing water into mining pits.

2. Cases of exploitation and utilization of water resources that require permit include:

a) Exploitation and utilization of water resources not falling under the cases prescribed in Article 16 and Clause 1 of this Article;

b) Cases prescribed in Point a of this Clause where surface water is directly exploited and utilized from reservoirs, irrigation dams, hydropower plants, irrigation canal systems, hydropower plants for commercial and service purposes and non-agricultural production (including exploitation of water for cooling machines, equipment, steam generation, heating) while the organizations and individuals managing and operating these reservoirs, irrigation dams, hydropower plants, irrigation canal systems, hydropower plants have not been granted permission to exploit and utilize surface water for such purposes.

Article 18. Principles for Issuing Permits

1. In accordance with authority, correct objects, and procedures stipulated by law.

2. Ensuring the interests of the State, legitimate rights and interests of organizations and individuals concerned; protecting water resources and the environment in accordance with the provisions of law.

3. Prioritizing permits for exploration, exploitation, and utilization of water resources to supply water for daily use.

4. Not causing depletion or pollution of water sources when conducting exploration, exploitation, and utilization of water resources.

5. Consistent with plans on water resources, provincial plans, and related specialized plans that have been approved, and regulations on restricted areas for groundwater extraction.

Article 19. Bases for Issuing Permits

1. The issuance of water resource permits must be based on the following grounds:

a) National, sectoral, regional, and local socio-economic development strategies and plans;

b) Plans on water resources, provincial plans, regulations on restricted areas for groundwater extraction, and related specialized plans that have been approved by competent authorities; in cases where such plans and regulations do not exist, the capacity of water sources must be considered, and it must be ensured that there will be no depletion or pollution of water sources;

c) Current status of water extraction and use in the region;

d) Evaluation reports from state agencies with competent authority regarding permit application files for exploration, exploitation, and utilization of water resources;

đ) Water extraction and use needs reflected in the permit application request.

2. For permits for exploration, exploitation, and utilization of underground water, in addition to the bases specified in Clause 1 of this Article, they must also be based on the provisions of Clauses 4 and 5 of Article 52 of the Law on Water Resources.

Article 20. Conditions for Issuing Permits

1. Organizations and individuals obtaining water resource permits must meet the following conditions:

a) Have completed notifications and solicited opinions from community representatives, organizations, and individuals concerned in accordance with this Decree;

b) Have project proposals and reports consistent with plans on water resources, provincial plans, regulations on restricted areas for groundwater extraction, and related specialized plans that have been approved, or consistent with the capacity of water sources if such plans and regulations do not exist. Proposals and reports must be prepared by organizations and individuals with sufficient qualifications as prescribed; information and data used to prepare proposals and reports must be complete, clear, accurate, and truthful.

Design schemes for works or water resource exploitation facilities must be consistent with the scale and object of exploitation and meet requirements for protecting water resources and the environment.

c) For cases of surface water exploitation and utilization involving construction of reservoirs or dams on rivers or streams, they must comply with the requirements set forth in point b, Clause 2, Article 53 of the Law on Water Resources, the conditions stipulated in points a and b of this clause, and the following conditions:

- Having a plan for arranging equipment and personnel to operate the reservoir, monitor, and supervise exploitation and utilization activities; a meteorological and hydrological monitoring plan, and an organization for forecasting water inflow to the reservoir to serve its operation as required for new constructions;

- Having a reservoir operation procedure; having equipment, personnel, or a contract with organizations or individuals with sufficient capability to perform reservoir operation, monitoring, and supervision of exploitation and utilization activities, meteorological and hydrological monitoring, and forecasting water inflow to the reservoir to serve its operation as required for existing constructions.

2. In cases of exploration, exploitation, and utilization of water without a water resource permit, the competent authority shall consider issuing an exploitation and utilization permit when the conditions for issuing permits as stipulated in Clause 1 of this Article are met.

Handling violations arising from exploration, exploitation, and utilization of water without a water resource permit shall be carried out in accordance with the provisions of laws on administrative penalties in the field of water resources.

Article 21. Term of the Permit

1. The term of the water resources permit is specified as follows:

a) The permit for exploitation and utilization of surface water and seawater has a maximum term of fifteen years and a minimum term of five years, and may be extended multiple times, with each extension having a minimum term of three years and a maximum term of ten years;

b) The permit for exploration of underground water has a term of two years and may be extended once, with the extension period not exceeding one year;

c) The permit for exploitation and utilization of underground water has a maximum term of ten years and a minimum term of three years, and may be extended multiple times, with each extension having a minimum term of two years and a maximum term of five years.

In cases where organizations or individuals request issuance or extension of a permit with a term shorter than the minimum term prescribed in this clause, the permit will be issued or extended according to the requested term in the application.

2. Based on the conditions of each water source, the level of detail of information and data from surveys and assessments of water resources, and the application for issuance or extension of the permit submitted by organizations or individuals, the issuing authority decides the specific term of the permit.

3. In cases where the application for issuance of a permit submitted by organizations or individuals is received before the expiration date of a previously issued permit, the effective date recorded in the new permit shall be consecutive with the expiration date of the previously issued permit.

Article 22. Extension of the Permit

1. The extension of permits for exploration, exploitation, and utilization of water resources must be based on the provisions of Articles 18, 19, and 20 of this Decree and the following conditions:

a) The permit is still valid and the application for extension of the permit is submitted at least ninety days before the expiration date of the permit;

b) At the time of requesting extension, the organization or individual holding the permit has fully completed all obligations related to the previously issued permit as stipulated by law and there is no dispute;

c) At the time of requesting extension of the permit, the plan for exploitation and utilization of water resources by the organization or individual is consistent with the water resource planning, provincial planning, and the capacity of the water source.

2. For cases other than those specified in point a of Clause 1 of this Article, organizations or individuals exploring, exploiting, and utilizing water resources must submit an application for issuance of a new permit.

Article 23. Amendment of the Permit

1. Cases of amending the permit for exploration of underground water:

a) Ground conditions do not allow construction of some approved exploration items;

b) Increase in exploration flow rate up to twenty-five percent according to the issued permit or change in the aquifer layer for exploration;

c) Drilling volume exceeds ten percent of the approved volume.

2. Cases of amending the permit for exploitation and utilization of water resources:

a) Water source does not ensure normal water supply;

b) Increased demand for exploitation and utilization of water without measures to supplement water sources;

c) Emergencies requiring restriction on exploitation and utilization of water;

d) Supplementing wells, adjusting extraction flow rates between wells leading to an increase in the extraction flow rate of the project but not exceeding twenty-five percent of the flow rate specified in the issued permit.

In cases of amending the permit for exploitation and utilization of underground water that involves supplementing wells, a design and construction plan for the well, an estimated impact of water exploitation and utilization on the water source and other users of water must be prepared and approved in writing by the authority specified in Article 29 of this Decree before construction. Within thirty days after completing the well construction, the project owner must submit an application for amendment of the permit according to regulations.

In cases of drilling new wells similar to replace old wells that have been damaged, deteriorated, or removed with unchanged extraction parameters, it is not necessary to go through the procedure for requesting amendment of the permit, but the drilling replacement plan must be reviewed and approved in writing by the authority specified in Article 29 of this Decree after completion of the replacement drilling. The confirmation document is an inseparable part of the issued permit for exploitation and utilization of underground water. The number of replacement wells cannot exceed fifty percent of the number of wells specified in the issued permit. The distance between replacement wells cannot exceed one and a half times the thickness of the aquifer layer at the well, and if exceeded, the permit amendment procedure must be followed.

d) Changes in the purpose of water exploitation and utilization as specified in the previously issued permit;

e) Changes in the operation mode of the facility;

g) The permit holder requests to amend the permit content differently from the provisions of Clause 3 of this Article.

3. Contents in the permit that cannot be amended:

a) Water source, aquifer layer for exploitation and utilization;

b) Extraction and utilization volume exceeding twenty-five percent of the amount specified in the issued permit.

In cases requiring amendment of the contents specified in this clause, the permit holder must submit an application for issuance of a new permit.

4. If the permit holder requests to amend the permit, they must prepare an amendment application according to the provisions of this Decree; in cases where the issuing authority amends the permit, the issuing authority must notify the permit holder at least ninety days in advance. The term of the amended permit is the remaining term of the previously issued permit.

In cases where, in addition to amending the permit, the permit holder also needs to reissue the permit for exploitation and utilization of water at the facility, this should be clearly stated in the application for amendment of the permit. The reissuance will be considered simultaneously during the permit amendment process according to this Decree.

Article 24. Suspension of the Effectiveness of the Permit

1. The permit shall be suspended when the permit holder commits any of the following violations:

a) Violating the contents stipulated in the permit causing serious water pollution or depletion;

b) Extracting underground water causing subsidence, land sinking, deformation of structures, intrusion of saltwater, depletion, and serious water pollution;

c) Operating reservoirs or dams causing floods, inundation, artificial flooding seriously affecting production and daily life of people upstream and downstream of the reservoirs or dams;

d) Transferring the right to extract water resources without the approval of the competent authority issuing the permit;

đ) Failing to fulfill financial obligations as prescribed;

e) Exploiting the permit to organize activities contrary to the provisions of the law.

2. Duration of suspension of the permit:

a) Not exceeding three months for permits for exploration of underground water;

b) Not exceeding twelve months for permits for extraction and utilization of water resources.

3. During the period of suspension of the permit's effectiveness, the permit holder does not have any rights related to the permit and must take measures to remedy consequences and compensate for damages (if any) according to the provisions of the law.

4. When the suspension period of the permit expires and the issuing authority does not issue another decision, the permit holder may continue to exercise their rights and obligations under the permit.

Article 25. Revocation of the Permit

1. The revocation of the permit shall be carried out in the following cases:

a) The permit holder is found to have falsified documents, made false declarations about the contents in the application file for the permit or altered the contents of the permit;

b) An organization that is the permit holder is dissolved or declared bankrupt by a court; an individual who is the permit holder dies, is declared dead by a court, loses civil capacity, or is declared missing;

c) The permit holder violates the decision suspending the effectiveness of the permit, repeats the violation, or repeatedly violates the provisions of the permit;

d) The permit was issued beyond the authority;

đ) When the state agency with the authority decides to revoke the permit due to national defense, security reasons, or for the benefit of the nation or public interest.

2. In the case where the permit is revoked as provided in point a and point c Clause 1 of this Article, the permit holder may only be considered for issuance of a new permit after three years from the date of revocation of the old permit upon fulfilling all obligations related to the revocation of the old permit.

3. In the case where the permit is revoked as provided in point d Clause 1 of this Article, the state agency with the authority to issue the permit will consider issuing a new permit.

4. In the case where the permit is revoked as provided in point đ Clause 1 of this Article, the permit holder shall be compensated for losses and refunded the fee for granting the right to extract water resources according to the provisions of the law.

Article 26. Return of the Permit, Termination of the Effectiveness of the Permit

1. If the permit holder has already been granted a permit but does not use it or no longer needs to use it, they have the right to return it to the issuing authority and provide the reason.

2. If the scale of the project changes after being granted a permit, leading to a change in the authority to issue the permit, the permit holder returns the previously granted permit to the competent authority after obtaining a new permit.

3. The permit shall be terminated in the following cases:

a) The permit is revoked;

b) The permit has expired;

c) The permit has been returned.

4. When the permit is terminated, the rights related to the permit also terminate.

Article 27. Reissuing permits

1. The Permit shall be reissued in the following cases:

a) The permit is lost, torn, damaged, or deteriorated;

b) The name of the permit holder has been changed due to renaming, transfer, takeover, merger, division, restructuring of the organization but without any change in other contents of the permit.

2. The duration recorded on the reissued permit is the remaining period according to the previously issued permit.

Article 28. Competence to issue, extend, adjust, suspend effectiveness, revoke, and reissue water resources permits

1. The Ministry of Natural Resources and Environment shall issue, extend, adjust, suspend effectiveness, revoke, and reissue permits for the following cases:

a) Exploitation and utilization of water resources for national important works under the approval authority of the Prime Minister;

b) Exploration of underground water for works with a flow rate of 3,000 m³/day-night or more;

c) Extraction of underground water for works with a flow rate of 3,000 m³/day-night or more;

/day or more;³d) Reservoirs and hydropower dams exploiting and utilizing surface water for agricultural production and aquaculture with a flow rate of 2 m³ /second or more and a total capacity of 3 million m³/second or more;

or more; works exploiting and utilizing water for agricultural production and aquaculture with an extraction flow rate of 5 m³ /second or more;

e) Utilization of surface water for power generation with installed capacity of 2,000 kW or more;

g) Utilization of surface water for other purposes with a flow rate of 50,000 m³/day-night or more;

/day or more;³/day-night or more.

h) Extraction and utilization of seawater for production purposes including aquaculture, business, and services on land with a flow rate of 1,000,000 m

2. Provincial People's Committees shall issue, extend, adjust, suspend effectiveness, revoke, and reissue permits for cases not specified in points a, c, d, e, and g of Clause 1 of this Article.

3. Provincial Departments of Natural Resources and Environment shall issue, extend, adjust, suspend effectiveness, revoke, and reissue permits for cases not specified in points b and h of Clause 1 of this Article.

Article 29. Authorities receiving and managing files and permits

The authorities receiving and managing files and permits (hereinafter referred to collectively as the file receiving authority) include:

1. The Office of Receipt and Delivery of Administrative Procedure Results of the Ministry of Natural Resources and Environment is responsible for receiving and delivering results of administrative procedures within the licensing authority of the Ministry of Natural Resources and Environment; the Water Resources Management Agency under the Ministry of Natural Resources and Environment is responsible for reviewing and managing files and permits within the licensing authority of the Ministry of Natural Resources and Environment.

Article 30. Documents for Issuance, Extension, and Amendment of Underground Water Exploration Permits

1. The application package for issuing an underground water exploration permit includes:

a) An application form for the permit;

b) An exploration project for underground water for works with a scale of 200 m/day-night or more; a well design for works with a scale less than 200 m/day-night.³2. The application package for extending or amending the content of an underground water exploration permit includes:³a) An application form for extension or amendment of the permit;

b) A report on the implementation of regulations stipulated in the permit.

3. The application forms, contents of projects, and reports shall be prepared according to Model 01, Model 02, Model 21, Model 22, and Model 23 attached as an appendix to this Decree.

Article 31. Documents for Issuance, Extension, and Amendment of Underground Water Extraction and Utilization Permits

1. The application package for issuing an underground water extraction and utilization permit includes:

b) A schematic diagram of the area and location of the underground water extraction work;

c) A report on the results of underground water reserve assessment investigations along with an extraction plan for works with a scale of 200 m/day-night or more, or a report on the construction results of extraction wells for works with a scale less than 200 m/day-night in cases where there is no existing extraction work; a current status report on extraction for ongoing underground water extraction works;

a) An application form for the permit;

d) Water quality analysis results not exceeding six months from the date of submission of the application package.

2. The application package for extending or amending an underground water extraction and utilization permit includes:³a) An application form for extension or amendment of the permit;³b) A current status report on extraction and utilization of water and the implementation of the permit. In cases where the permit amendment involves changes to the scale of the work, the number of extraction wells, or the extraction water level, the extraction plan must be clearly stated;

c) Water quality analysis results not exceeding six months from the date of submission of the application package;

d) A schematic diagram of the location of the underground water extraction work in cases where the permit is being amended.

3. The application forms and contents of reports shall be prepared according to Model 03, Model 04, Model 24, Model 25, Model 26, and Model 27 attached as an appendix to this Decree.

Article 32. Documents for Issuance, Extension, and Amendment of Surface Water and Seawater Extraction and Utilization Permits

1. The application package for issuing a surface water and seawater extraction and utilization permit includes:

b) An extraction and utilization project for cases where there is no existing extraction work; a current status report on extraction and utilization of water along with an operational procedure for existing extraction works (if required to have an operational procedure);

c) Water quality analysis results not exceeding three months from the date of submission of the application package (except for purposes of extraction and utilization for hydropower);

d) A schematic diagram of the location of the water extraction work.

In cases where there is no existing surface water or seawater extraction work, the application package for issuing a permit must be submitted during the investment preparation phase.

a) An application form for the permit;

2. The application package for extending or amending a surface water and seawater extraction and utilization permit includes:

b) A current status report on extraction and utilization of water and the implementation of the permit. In cases where the permit amendment involves changes to the scale of the work, the method, regime of water extraction and utilization, or operational procedures, an extraction project must be attached.

3. The application forms, contents of projects, and reports shall be prepared according to Model 05, Model 06, Model 07, Model 08, Model 28, Model 29, Model 30, Model 31, Model 32, Model 33, and Model 34 attached as an appendix to this Decree.

In cases where there are no water surface or seawater extraction facilities, the application dossier for a permit must be submitted during the investment preparation phase.

2. The application dossier for extending, amending a water surface or seawater exploitation and utilization permit shall include:

3. The application forms and contents of reports shall be prepared according to Model 03, Model 04, Model 24, Model 25, Model 26, and Model 27 attached as an appendix to this Decree.

b) A report on the current status of water exploitation and utilization and the implementation of the permit. In cases where the scale of the facility, method, regime of water exploitation and utilization, or operational procedures of the facility are being adjusted, a water exploitation plan must be attached.

b) A current status report on extraction and utilization of water and the implementation of the permit. In cases where the permit amendment involves changes to the scale of the work, the method, regime of water extraction and utilization, or operational procedures, an extraction project must be attached.

3. The forms, contents of the plans, and reports shall be prepared according to Forms 05, 06, 07, 08, 28, 29, 30, 31, 32, 33, and 34 attached as an Appendix to this Decree.

Article 33. Documents for Reissuing Water Resources Exploitation and Utilization Permits

1. Application for reissuing a permit.

2. Supporting documents proving the reasons for requesting a reissue of the permit (in cases of name change, transfer of ownership, handover, merger, division, restructuring of organizations).

In cases where a permit is reissued due to a transfer, the application must also include documents proving the transfer of the facility, completion of financial obligations related to water exploitation and usage activities, and other relevant documents.

3. The application form for reissuing a water resources exploitation and utilization permit shall be prepared according to Model 09 attached as an appendix to this Decree.

Article 34. Documents for Returning Water Resources Exploitation and Utilization Permits

1. Application for returning a permit.

2. Supporting documents proving the completion of financial obligations, payment for the right to exploit water resources (if applicable).

3. The application form for returning a water resources exploitation and utilization permit shall be prepared according to Model 10 attached as an appendix to this Decree.

Article 35. Procedures and Formalities for Issuing Exploration, Exploitation, and Utilization Permits for Water Resources

1. Receipt and Examination of Applications:

a) Organizations and individuals applying for permits submit one set of documents directly, through postal service, or electronically via the online public service portal and pay the application review fee as prescribed;

b) Within three working days from the date of receipt of the application, the receiving agency is responsible for examining and reviewing the application. If the application is not valid, the receiving agency will notify the organization or individual applying for the permit to supplement and complete the application as required.

If the application remains non-compliant after supplementation, the receiving agency will return the application and clearly state the reasons for rejection to the organization or individual applying for the permit.

2. Review of the Project Proposal and Report on Exploration, Exploitation, and Utilization of Water Resources in the Permit Application (hereinafter referred to collectively as the project proposal and report):

a) Within thirty working days from the date of receipt of a valid application as stipulated in Clause 1 of this Article, the receiving agency is responsible for reviewing the project proposal and report; if necessary, it will conduct on-site inspections, establish a review committee for the project proposal and report. If the conditions for issuing the permit are met, the receiving agency will submit the application to the competent authority for issuance of the permit; if the conditions for issuing the permit are not met, the application will be returned to the organization or individual applying for the permit with notification of the reasons for non-issuance.

b) If supplementation and revision are required to complete the project proposal and report, the receiving agency will send a written notice to the organization or individual applying for the permit specifying the contents that need to be supplemented and completed in the project proposal and report. The time taken to supplement and complete the project proposal and report does not count towards the review period. The review period after the project proposal and report have been fully supplemented is eighteen working days.

c) If the project proposal and report need to be redone, the receiving agency will send a written notice to the organization or individual applying for the permit specifying the contents of the project proposal and report that do not meet the requirements and must be redone, and return the permit application.

3. Notification of the Outcome of the Permit Application Process

Within three working days from the date of receipt of the permit from the competent authority, the receiving agency will notify the organization or individual applying for the permit to collect the permit.

Article 36. Procedures for extending, adjusting, and reissuing water resources exploration, exploitation, and utilization permits

1. Receipt and Examination of Applications:

a) Organizations and individuals requesting to extend, adjust, or reissue a permit (hereinafter referred to as organizations and individuals) shall submit one set of application documents directly, through postal service, or electronically via the online public service portal, and pay the prescribed fee for document review to the receiving authority.

b) Within three working days from the date of receipt of the application documents, the receiving authority shall be responsible for examining and checking the documents. In cases where the documents are not in compliance, the receiving authority shall notify the organization or individual to complete the documents in accordance with the regulations.

If the documents remain non-compliant even after being supplemented and completed, the receiving authority shall return the documents to the organization or individual and provide a clear reason.

2. Review of project proposals and reports for extension and adjustment of permits:

a) Within twenty-five working days from the date of receipt of all valid documents as stipulated in Clause 1 of this Article, the receiving authority shall be responsible for reviewing the project proposal and report, and if necessary, conducting on-site inspections and establishing a review board for the project proposal and report. If the conditions for extending or adjusting the permit are met, the case shall be submitted to the competent authority for issuing the permit. If the conditions for extending or adjusting the permit are not met, the receiving authority shall return the documents to the organization or individual and provide the reasons for not extending or adjusting the permit.

b) In cases where supplementation and revision are required to complete the project proposal and report, the receiving authority shall send a notification letter to the organization or individual specifying the contents that need to be supplemented and completed in the project proposal and report. The time taken for supplementation and completion of the project proposal and report will not be included in the review period. The review period after the project proposal and report have been supplemented and completed is eighteen working days.

c) In cases where the project proposal and report need to be redone, the receiving authority shall send a notification letter to the organization or individual specifying the contents of the project proposal and report that do not meet the requirements and must be redone, and return the documents.

3. Review of application documents for reissuing permits:

Within ten working days from the date of receipt of all valid documents as stipulated in Clause 1 of this Article, the receiving authority shall be responsible for reviewing the application documents. If the conditions for reissuing the permit are met, the case shall be submitted to the competent authority for issuing the permit. If the conditions are not met, the receiving authority shall return the documents to the organization or individual and provide the reasons.

4. Issuance of results of permit application processing:

Within three working days from the date of receipt of the permit from the competent authority, the receiving authority shall notify the organization or individual to collect the permit.

Article 37. Procedures for returning water resources permits

The permit holder shall submit one set of application documents directly, through postal service, or electronically via the online public service portal to request the return of the permit to the authority that issued the permit previously. Within no more than ten working days from the date of receipt of all valid documents as stipulated in Article 34 of this Decree, the receiving authority shall be responsible for examining and checking the documents and submitting the case to the competent authority for signing the Decision approving the request to return the water resources permit.

Article 38. Procedures and formalities for registering the exploitation of underground water

1. The agency responsible for confirming registration of underground water exploitation is the People's Committee at the district level for cases stipulated in point c, Clause 1, Article 17; the Department of Natural Resources and Environment for cases stipulated in point d, Clause 1, Article 17 of this Decree.

2. Procedures and formalities for registration in cases stipulated in point c, Clause 1, Article 17 of this Decree:

a) Based on the List of restricted areas for underground water exploitation approved by the People's Committee at the provincial level, the People's Committee at the commune level shall conduct reviews to establish a list of organizations and individuals with underground water exploitation works that must be registered within their jurisdiction; notify and distribute two registration forms according to Form 35 attached to this Decree to organizations and individuals for declaration;

In cases where construction of underground water exploitation works has not yet been carried out, organizations and individuals must complete the registration of exploitation before commencing construction of the work.

b) Within no more than ten working days from the date of receipt of the declaration form, organizations and individuals are responsible for completing two declaration forms and submitting them to the registration confirmation agency or to the People's Committee at the commune level. The People's Committee at the commune level is responsible for submitting the declaration form to the registration agency.

c) Within no more than ten working days from the date of receipt of the declaration form of organizations and individuals, the registration confirmation agency is responsible for checking the information content, confirming on the declaration form, and sending one copy to the organization or individual.

3. Procedures and formalities for registration in cases stipulated in point d, Clause 1, Article 17 of this Decree:

a) Organizations and individuals using self-flowing underground water in mining pits for ore processing without causing a decrease in underground water levels or pumping water to drain self-flowing water into mining pits shall declare two registration forms according to Form 36 attached to this Decree and send them to the Department of Natural Resources and Environment where the work is located.

b) Within no more than fifteen working days from the date of receipt of the declaration form of organizations and individuals, the registration confirmation agency is responsible for checking the information content, confirming on the declaration form, and sending one copy to the organization or individual.

4. In cases where organizations and individuals have already registered for underground water exploitation, if they cease exploitation and use, they must notify and return the declaration form (which has been confirmed) to the registration confirmation agency or the People's Committee at the commune level to inform the registration agency and carry out plugging and sealing of unused wells in accordance with regulations.

5. The registration confirmation agency is responsible for maintaining a record book to update data on underground water exploitation registrations within its jurisdiction; annually before December 15, it must compile and report the results of registrations to the Department of Natural Resources and Environment (in cases where the registration agency is the People's Committee at the district level).

Article 39. Procedures and formalities for registering the exploitation and use of surface water and seawater

1. The agency responsible for confirming registration of the exploitation and use of surface water and seawater is the Department of Natural Resources and Environment at the location of the construction project for cases stipulated in points a and b, Clause 1, Article 17 of this Decree.

2. Procedures and formalities for registering the exploitation and use of surface water and seawater

a) Annually, the People's Committee at the commune level shall conduct reviews to establish a list of organizations and individuals with surface water and seawater exploitation and use works that must be registered within their jurisdiction; notify and distribute two declaration forms according to Forms 37 and 38 attached to this Decree to organizations and individuals for declaration.

In cases where there is no exploitation work, organizations and individuals must complete the registration of exploitation before commencing construction of the work.

b) Within no more than ten working days from the date of receipt of the declaration form, organizations and individuals are responsible for completing two declaration forms and submitting them to the Provincial Department of Natural Resources and Environment or to the People's Committee at the commune level. The People's Committee at the commune level is responsible for submitting the declaration form to the Provincial Department of Natural Resources and Environment.

c) Within no more than ten working days from the date of receipt of the declaration form of organizations and individuals, the registration confirmation agency is responsible for checking the information content, confirming the registration, and sending one copy to the organization or individual.

3. In cases where organizations and individuals have already registered for the exploitation and use of surface water and seawater, if they cease exploitation and use, they must notify and return the Confirmation Certificate to the registration confirmation agency.

4. The registration confirmation agency is responsible for maintaining a record book to update data on the registration of surface water and seawater exploitation and use within its jurisdiction.

Article 40. Procedures for suspending water resources permits

1. When discovering violations by the permit holder as stipulated in Clause 1, Article 24 of this Decree, the competent authority issuing the permit shall be responsible for considering the suspension of the permit's effectiveness.

2. Based on the level of violation by the permit holder and the impact of the permit suspension on production activities and people's lives in the region, the issuing authority decides the duration of the suspension of the permit's effectiveness.

3. The issuing authority may consider shortening the duration of the suspension of the permit's effectiveness when the permit holder has remedied the consequences related to the reasons for the suspension and fulfilled all obligations as prescribed by law.

Article 41. Procedures for Revoking Water Resources Permits

1. When conducting regular or spot inspections of the implementation of permits, if violations as specified in point a and point b, Clause 1, Article 25 of this Decree are discovered, the inspection and supervision authority shall be responsible for reporting in writing to the issuing authority; if violations as specified in point c and point d, Clause 1, Article 25 of this Decree are discovered, the inspection and supervision authority shall handle them according to their authority while simultaneously reporting in writing to the issuing authority.

Within thirty working days from the date of receipt of the report, the issuing authority shall be responsible for considering the revocation of the permit.

2. In cases where the competent state authority decides to revoke the permit as specified in point e, Clause 1, Article 25 of this Decree, the permit holder must be notified ninety days in advance.

Article 42. Transfer of Water Resource Exploitation Rights

1. At the time of transfer, the organization or individual transferring the water resource exploitation rights must ensure that financial obligations related to the exploitation and use of water resources have been completed and sufficient fees for the right to exploit water resources have been paid as prescribed; there must be no disputes over rights and obligations related to water resource exploitation activities.

2. Conditions for organizations or individuals receiving the transfer of water resource exploitation rights:

a) The organization or individual receiving the transfer must meet the conditions stipulated in Article 20 of this Decree and must ensure compliance with investment laws;

b) Ensuring that the purpose of water exploitation and use does not change.

3. The transfer must ensure that the performance of obligations related to the exploitation and use of water resources is not interrupted.

4. Organizations or individuals transferring and receiving the transfer of water resource exploitation rights must fulfill tax, fee, and charge obligations related to the transfer according to tax, fee, and charge laws.

Article 43. Funding for Basic Investigation, Planning, and Protection of Water Resources

1. Funding for basic investigation, planning, management, and protection of water resources shall be implemented according to the provisions of Clause 1, Article 10, Clause 4, Article 21, and Clause 5, Article 27 of the Law on Water Resources.

2. The Ministry of Natural Resources and Environment shall take the lead and coordinate with the Ministry of Finance and the Ministry of Planning and Investment to guide the management and use of funding for basic investigation, planning, management, and protection of water resources.

Chapter IV

Article COORDINATION AND SUPERVISION OF ACTIVITIES ON THE EXPLOITATION, USE, PROTECTION OF WATER RESOURCES, PREVENTION, CONTROL AND REMEDIATION OF DAMAGE CAUSED BY WATER IN THE RIVER BASIN

Section 1. ACTIVITIES TO BE COORDINATED AND SUPERVISED

Article 44. Activities to be coordinated and supervised in the river basin

1. The activities prescribed at points a, b, c and point d, Clause 1, Article 72 of the Law on Water Resources.

2. Other activities to be coordinated and supervised in the river basin as stipulated at point e, Clause 1, Article 72 of the Law on Water Resources are specified as follows:

a) Activities for restoring and improving rivers, including: Restoring and conserving ecosystems, improving water quality; developing wetlands and riparian green belts, removing obstacles from river flows; replenishing depleted water sources, constructing and upgrading wastewater treatment facilities; reducing diffuse pollution in urban and rural areas; enhancing water pollution prevention and control activities; building water retention infrastructure to increase river flow, reinforce riverbanks, dredge riverbed sediment.

b) Landscape improvement activities and development of riparian areas, including: Developing recreational, festival, sports areas along rivers; restoring and developing historical, cultural, and tourism values along rivers.

Article 45. Contents and requirements for coordination and supervision activities in the river basin

1. Coordination contents include directing and urging the collaboration of ministries, sectors, localities, and relevant agencies and organizations in implementing the provisions of Article 44 of this Decree.

2. Supervision contents include monitoring and inspecting water resource exploitation and use activities, discharging wastewater into water sources, and organizing implementation of measures to protect water resources, prevent, control, and remediate damage caused by water within the river basin scope.

3. Requirements for coordination activities:

a) Ensuring comprehensive, economical, and efficient water use to meet the needs of domestic and livelihood water supply and economic and social development; protecting water resources, preventing, and remedying damage caused by water;

b) Ensuring synchronized and unified cooperation among participating agencies within the river basin scope; using resources reasonably and efficiently, avoiding overlap and waste;

c) Adhering to planning and plans within the river basin scope;

d) Clearly defining the lead agency, cooperating agencies, and specific responsibilities of each participating agency.

4. Requirements for supervision activities:

a) Detecting abnormal phenomena regarding flow rate, water level, and water quality; warning and forecasting pollution, degradation, and depletion risks of water resources within the river basin scope;

b) Detecting violations of water resource laws by organizations and individuals in reservoir operation, inter-reservoir operation, and wastewater discharge activities within the river basin scope;

c) Providing information and data to coordinate activities related to water resource exploitation, use, protection, prevention, and remediation of damage caused by water as stipulated in Article 44 of this Decree within the river basin scope;

d) Other management, protection, exploitation, and use requirements of water resources and prevention, remediation of damage caused by water within the river basin scope.

Section 2. RESPONSIBILITIES FOR COORDINATION AND SUPERVISION IN RIVER BASINS

Article 46. Responsibilities of the Ministry of Natural Resources and Environment

1. To take the lead and coordinate with relevant ministries, ministerial-level agencies, government agencies, and provincial people's committees to develop plans, programs, and projects to implement activities for balanced coordination and supervision as stipulated in Article 44 of this Decree for inter-provincial river basins, and submit them to the Prime Minister for decision.

2. To take the lead in coordinating responses and remedying transnational and inter-provincial water pollution incidents.

3. To review and announce the minimum flow in rivers or sections of rivers for inter-provincial water sources, and specify the minimum flow at the downstream of reservoirs under the authority to issue permits.

4. To establish and maintain a monitoring system for the exploitation and use of water resources in inter-provincial river basins.

5. To resolve issues arising from the implementation of coordination and supervision activities in inter-provincial river basins within their authority, or refer such issues to the Prime Minister for resolution.

Article 47. Responsibilities of Provincial People's Committees

1. To develop, approve, and organize the implementation of plans for regulating and distributing water resources; programs and plans for improving rivers and restoring polluted and depleted water sources within provincial river basins.

2. To direct responses and remediation of water pollution incidents within their jurisdiction and coordinate with neighboring localities sharing the same water source in responding to and remedying water pollution incidents.

3. To review and announce the minimum flow in rivers or sections of rivers for intra-provincial water sources, and specify the minimum flow at the downstream of reservoirs under their permit issuance authority.

4. To establish and maintain a monitoring system for the exploitation and use of water resources in intra-provincial river basins.

5. To lead in resolving issues arising from the implementation of coordination and supervision activities in intra-provincial river basins.

6. To cooperate with the Ministry of Natural Resources and Environment in implementing the provisions set forth in Article 46 of this Decree.

Article 48. Responsibilities of Ministries and Ministerial-Level Agencies

1. To coordinate with the Ministry of Natural Resources and Environment and provincial people's committees in coordinating and supervising activities related to the exploitation, use, protection of water resources, prevention, control, and remediation of damage caused by water in river basins.

2. To notify their water usage plans for each water source in river basins to the Ministry of Natural Resources and Environment and relevant provincial people's committees.

3. To direct the development, adjustment, and supplementation of specialized plans, programs, and projects related to the exploitation, use, protection of water resources, prevention, control, and remediation of damage caused by water to align with plans for regulating and distributing water resources, programs and plans for improving rivers and restoring polluted and depleted water sources in river basins, and ensure maintenance of the announced minimum flow.

4. To direct the development and implementation of reservoir water regulation plans, and water exploitation and utilization plans for water extraction works on rivers according to the operation procedures of reservoirs and interconnected reservoir systems issued by competent authorities, and in accordance with plans for regulating and distributing water resources in river basins.

5. To cooperate in resolving issues arising during the coordination and supervision process in river basins.

Chapter V

IMPLEMENTING PROVISIONS

Article 49. Amending and supplementing certain provisions on water resources and abolishing relevant legal normative documents

1. Amending and supplementing Decree No. 41/2021/NĐ-CP dated March 30, 2021 of the Government amending and supplementing some articles of Decree No. 82/2017/NĐ-CP dated July 17, 2017 of the Government on methods for calculating and levels of fees for granting the right to exploit water resources:

a) Supplement Clause 3 following Clause 2, Article 3 of Decree No. 82/2017/NĐ-CP which has been amended and supplemented under Clause 1, Article 1 of Decree No. 41/2021/NĐ-CP as follows:

"3. Time of payment for the right to exploit water

The fee for the right to exploit water resources shall be paid after the works are put into operation and there is a Decision approving the fee for the right to exploit water resources from the competent authority."

b) Amending and supplementing Clause 2, Article 2 as follows:

"As of the effective date of this Decree, works that have been approved by the competent authority for the fee for the right to exploit water resources according to Decree No. 82/2017/NĐ-CP but have not yet been put into operation shall only need to adjust procedures due to changes in operational time and application of prices in the previous approval decision for the fee for the right to exploit water resources after being put into operation."

2. Abolishing Clause 1, Article 167 of Decree No. 08/2022/NĐ-CP dated January 10, 2022 of the Government detailing some provisions of the Law on Environmental Protection.

Article 50. Transitional Provisions

1. Organizations and individuals exploiting and using water that must register according to this Decree and have already been granted permits for surface water and seawater exploitation according to Decree No. 201/2013/NĐ-CP may continue to implement until the expiration date stated in the permit. After the permit expires, if organizations and individuals still have the need to exploit and use water, they must register according to this Decree.

2. Organizations and individuals exploiting and using water that have been granted permits for water resource exploitation according to Decree No. 201/2013/NĐ-CP and whose licensing authority has changed according to this Decree may continue to implement until the expiration date stated in the permit. Before the permit expires, organizations and individuals must submit applications for permits to the competent authority according to this Decree.

3. Applications for water resource exploitation permits received by the competent authority before the effective date of this Decree will still be reviewed and considered for issuance according to Decree No. 201/2013/NĐ-CP. For organizations and individuals exploiting and using water that fall under the registration requirements stipulated in point a and point b, Clause 1, Article 17 of this Decree, if they wish to register according to this Decree, they should request the competent authority to return their permit application.

4. Projects that have completed public consultations with community representatives and related organizations and individuals regarding water resource exploitation and utilization according to Decree No. 201/2013/NĐ-CP before the effective date of this Decree do not need to repeat the consultation process according to this Decree.

5. Provinces and cities that have approved areas requiring registration for groundwater exploitation according to Circular No. 27/2014/TT-BTNMT dated May 30, 2014 of the Ministry of Natural Resources and Environment shall continue to implement registration according to the approved decisions until they are reviewed and adjusted according to this Decree.

Article 51. Implementation Provisions

1. This Decree takes effect from March 20, 2023.

2. The Decree No. 201/2013/NĐ-CP dated November 27, 2013 of the Government detailing the implementation of certain provisions of the Water Resources Law is hereby repealed.

3. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities, and related organizations and individuals are responsible for implementing this Decree./.