Decision No. 05/2003/QD-BTNMT Issuing Regulations on Granting Permits for Exploration, Exploitation, and Drilling Groundwater Profession

Article 1. This Decision hereby promulgates the Regulations on Granting Permits for Exploration, Exploitation and Underground Water Drilling Services.

Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

This Decision replaces Decision No. 357/NN-QLN-QĐ dated March 13, 1997 of the Minister of Agriculture and Rural Development on the issuance of the "Provisional Regulations on the Implementation of Permit System for Exploration, Exploitation, Underground Water Drilling Services and Registration of Underground Water Extraction Projects."

Article 3. Chairmen of Provincial People's Committees, centrally-run city People's Committees, Heads of units under the Ministry of Natural Resources and Environment, Directors of Provincial Departments of Natural Resources and Environment, and organizations and individuals concerned are responsible for implementing this Decision./.

GENERAL PROVISIONS

Article 1. Scope of regulation.

These regulations stipulate the granting of permits for exploration, exploitation of underground water and underground water drilling services, except mineral water and natural hot water.

Article 2. Scope of Application.

These regulations apply to domestic organizations and individuals, foreign organizations and individuals (hereinafter referred to as organizations and individuals) engaged in exploration, exploitation and underground water drilling services.

Article 3. Definitions

In this Regulation, the following terms shall be understood as follows:

1. Underground water (underground water) is water existing in underground aquifers.

2. Mineral water is a type of natural underground water that may surface on the ground, containing certain compounds with active properties, with concentrations higher than those specified in Vietnamese Standards or foreign standards approved for application by the Vietnamese State.

3. Natural hot water is natural underground water that may surface on the ground, always having temperatures as specified in Vietnamese Standards or foreign standards approved for application by the Vietnamese State.

4. Underground water exploration involves using a combination of geological survey methods to assess, determine the quantity and quality of underground water and predict environmental impacts caused by water extraction over a specific area to serve the design of water extraction projects based on required flow rates.

5. Combined exploration and exploitation of underground water is underground water exploration where, during the construction process, one or more drill holes are constructed as extraction wells and used for water extraction.

6. Underground water exploitation works Wells, shafts, caves, or tunnels for extracting underground water, points where underground water surfaces, built or used for extracting underground water.

7. Small-scale extraction project is a project with an extraction flow rate less than 1,000 m³a) An application form for extension or amendment of the permit;

8. Medium-scale extraction project is a project with an extraction flow rate from 1,000 m³/day/night to 5,000 m³a) An application form for extension or amendment of the permit;

9. Large-scale extraction project is a project with an extraction flow rate greater than 5,000 m³a) An application form for extension or amendment of the permit;

10. Extraction area is the area where underground water extraction projects are arranged, including the range where groundwater levels are lowered due to pumping from extraction projects.

Article 4. Authority to issue, extend, amend, and revoke permits.

1. The Ministry of Natural Resources and Environment shall issue, extend, amend the contents of, and revoke permits in the following cases:

a) Exploration and exploitation of underground water for projects with an extraction flow rate of 1,000 m³/day-night or more;

b) Underground water drilling services with an operational scope covering two provinces or more.

2. Provincial People's Committees (hereinafter referred to as Provincial People's Committee) shall issue, extend, amend the contents of, and revoke permits in the following cases:

a) Exploration and exploitation of underground water for projects with an extraction flow rate below 1,000 m³a) An application form for extension or amendment of the permit;

b) Underground water drilling services with an operational scope within the province.

Article 5. Agencies receiving and managing permit applications and permits.

1. Agencies receiving and managing permit applications and permits include:

a) At the central level, it is the National Water Resources Management Agency under the Ministry of Natural Resources and Environment.

b) At the local level, it is the Department of Natural Resources and Environment under the Provincial People's Committee, centrally-run city People's Committee.

2. The agency receiving applications is responsible for storing permit applications and permits for exploration, exploitation, and underground water drilling services.

3. Permits for exploration, exploitation, and underground water drilling services shall be recorded in the Register of Permits and kept in the database system of the agency receiving applications for monitoring and periodic notification nationwide.

Article 6. Principles for issuing permits for exploration and exploitation of underground water

The issuance of permits for exploration and exploitation of underground water must comply with the following principles:

1. Underground water of good quality shall be prioritized for drinking and daily use;

2. The amount of underground water allowed to be extracted in a region shall not exceed the exploitable reserve;

3. In regions where underground water extraction has reached the exploitable reserve, the scale of extraction shall not be expanded unless replenished artificially.

Article 7. Cases of exploration and exploitation of underground water without requiring a permit

1. Extraction of underground water for household use within the family for daily living, agricultural production, forestry, aquaculture, small-scale industrial production, and other purposes;

2. Extraction of underground water from wells, shafts, or similar extraction facilities to replace damaged or reduced-capacity wells, shafts, or facilities, with extraction flow rates and water level drops below permissible limits, located within areas already permitted for extraction by competent state authorities.

Article 8. Cases where exploration and exploitation of underground water do not require a permit

1. Extraction of underground water for household use within the family for daily living, agricultural production, forestry, aquaculture, small-scale industrial production, and other purposes;

2. Extraction of underground water from wells, shafts, or similar extraction facilities to replace damaged or reduced-capacity wells, shafts, or facilities, with extraction flow rates and water level drops below permissible limits, located within areas already permitted for extraction by competent state authorities.

b) Design for groundwater exploration wells for projects with a flow rate of 100 m³/day-night or more according to the model prescribed in Appendix 2 of this Regulation;³or more per day and night according to the form prescribed in Appendix 2 of this Regulation;

c) Groundwater exploration project for projects with a flow rate of 100 m³/day-night or more;³or more per day and night according to the form prescribed in Appendix 2 of this Regulation;

d) A copy of the land use right certificate at the exploration site, or a document from the local People's Committee allowing the use of land for exploration purposes.

2. The procedure for issuing permits for groundwater exploration is stipulated as follows:

a) Within ten (10) days from the date of receiving the application file, the agency responsible for receiving the file shall examine and check the file. In case the file is not valid, the agency responsible for receiving the file shall request the organization or individual submitting the file to supplement it or remake it.

b) Within thirty (30) days from the date of receiving a complete and valid file as prescribed in Clause 1 of this Article, the agency responsible for receiving the file shall be responsible for reviewing the file, inspecting the actual site, and presenting it to the competent authority for examination and resolution to approve the project and issue a groundwater exploration permit. If the conditions for issuing the permit are not met, the file will be returned and the reasons will be notified to the applicant.

c) After completing the exploration work or combined exploration and exploitation work, the organization or individual applying for permission must submit the exploration results report according to the model prescribed in Appendix 6 of this Regulation to the agency responsible for receiving the file for review and presentation to the competent authority for examination and decision to approve the exploration results report.

Article 9. Procedure and formalities for issuing permits for groundwater extraction

1. Organizations and individuals applying for a groundwater extraction permit shall submit the application file to the agency responsible for receiving the file according to the classification prescribed in Article 5 of this Regulation. The file includes:

a) Application for groundwater extraction according to the model prescribed in Appendix 3 of this Regulation;

b) Groundwater extraction project according to the model prescribed in Appendix 4 of this Regulation;

c) Map of the area and location of the groundwater extraction project at a scale of 1/50,000 to 1/25,000 according to the model prescribed in Appendix 5 of this Regulation;

d) Results of the groundwater quality assessment by the competent state agency or laboratory authorized by the competent state agency to conduct such assessments;

e) Completion report of the well (for projects with a flow rate less than 100 m³/day-night);³per day and night);

f) Exploration results report assessing the groundwater reserves (for projects with a flow rate of 100 m³/day-night or more) according to the model prescribed in Appendix 6 of this Regulation;³or more per day and night) according to the form prescribed in Appendix 6 of this Regulation;

g) A copy of the land use right certificate at the well extraction site. In cases where the land at the well extraction site does not belong to the land use rights of the organization or individual extracting water, there must be a written agreement on land use between the organization or individual extracting water and the organization or individual currently holding the land use rights, confirmed by the local People's Committee.

2. The procedure for issuing permits for groundwater extraction is stipulated as follows:

a) Within ten (10) days from the date of receiving the application file, the agency responsible for receiving the file shall examine and check the file. In case the file is not valid, the agency responsible for receiving the file shall request the organization or individual to supplement the file or remake it.

b) Within thirty (30) days from the date of receiving a complete and valid file as prescribed in Clause 1 of this Article, the agency responsible for receiving the file shall be responsible for reviewing the file, inspecting the actual site, and presenting it to the competent authority for examination and decision to issue a groundwater extraction permit for projects that have been explored but have not yet constructed the extraction well.

c) After constructing the extraction well and conducting trial pumping, the organization or individual extracting water must submit the documentation of the extraction wells and trial pumping data to the agency responsible for receiving the file. Within ten (10) days from the date of receiving the file, the agency responsible for receiving the file shall examine and present it to the competent authority for issuance of the official groundwater extraction permit.

3. In cases where the application for groundwater extraction causes disputes, the higher-level agency issuing the permit must notify the organization or individual applying for the permit in writing. After the dispute has been resolved by the competent state authority according to the law, the organization or individual applying for the permit must go through the application procedures. The procedure and formalities for issuing the permit shall be carried out according to the provisions of Clauses 1 and 2 of this Article.

Article 10. Duration, extension, and adjustment of the content of groundwater exploration permits

1. The duration of the groundwater exploration permit ranges from one (1) year to three (3) years depending on the scale of extraction and the complexity of geological and hydrological conditions in the exploration area.

2. In cases where the exploration period needs to be extended beyond the duration specified in the permit, the organization or individual conducting the exploration must submit an application for extension. The extension period shall not exceed one (1) year.

3. The adjustment of the content of the groundwater exploration permit shall be carried out in the following cases:

a) There is a difference between the actual geological and hydrological structure and the predicted geological and hydrological structure;

b) Site conditions do not allow certain components to be implemented, necessitating a change in the location of the exploration project;

c) The volume of major exploration components (drilling, pumping...) changes by more than 10% compared to the approved volume.

Article 11Duration, extension, and adjustment of the content of groundwater extraction permits.

1. The maximum duration of the groundwater extraction permit is fifteen (15) years. When issuing the permit, the issuing agency decides the duration of the permit based on the actual conditions of each region.

2. Organizations and individuals wishing to continue extraction must submit an application for extension six months before the expiration of the permit. The extension period shall not exceed ten (10) years.

3. The adjustment of the content of the groundwater extraction permit shall be carried out in the following cases:

a) The water source does not ensure normal water supply;

b) Extraction causing subsidence, saltwater intrusion, or serious pollution of groundwater;

c) The total amount of extracted water increases due to general requirements without alternative water sources or supplementary measures.

Article 12Suspension and revocation of groundwater exploration and extraction permits.

The suspension and revocation of groundwater exploration and extraction permits shall be carried out in the following cases:

1. Organizations and individuals exploring and extracting groundwater violate the provisions set forth in the permit, Article 23 of the Water Resources Law, and other relevant laws;

2. Organizations and individuals exploring and extracting groundwater are dissolved or declared bankrupt;

3. The permit was issued beyond the authority granted.

4. The permit is not continuously used for a period of one year without legitimate reasons.

5. When the competent state agency deems it necessary to revoke or suspend the validity of the permit due to national defense, security, or national interest, public interest.

6. Exploration or exploitation of underground water causing serious consequences such as land subsidence, intrusion of saline water, or pollution of underground water sources.

Article 13. Responsibilities and authorities of organizations and individuals permitted to explore underground water

Organizations and individuals permitted to explore underground water have the following responsibilities and authorities:

1. To conduct exploration according to the project approved by the competent state agency.

2. To comply with the provisions of this Regulation and other relevant laws.

3. To provide truthful information about the exploration situation when inspected by the water resource management agency.

4. To compensate for damages caused by underground water exploration.

5. To pay the fee for the exploration permit issuance as prescribed by law.

Article 14. Responsibilities and authorities of organizations and individuals permitted to exploit underground water

Organizations and individuals permitted to exploit underground water have the following responsibilities and authorities:

1. To exploit water according to the provisions of the permit.

2. To comply with the provisions of this Regulation and other relevant laws.

3. To provide truthful information related to the exploitation situation when inspected by the water resource management agency.

4. To promptly report to the issuing authority when significant changes in quantity and quality of underground water and related environment are discovered.

5. To pay the fee for the exploitation permit issuance and resource tax as prescribed by law.

6. To be considered for compensation according to the law when the competent state agency suspends the validity of the permit due to national defense, security, or national interest, public interest.

Article 15. Conditions for obtaining a drilling business license for underground water

Organizations and individuals engaged in underground water drilling must meet the following conditions:

1. Professional capacity of technical staff;

a) For manual drilling operations, drilling shallow holes with a diameter less than 60 mm, the person primarily responsible for technical matters must have at least a college degree in geology-related fields, at least one year of experience in the field, or be a worker with skill level 3/7 or equivalent and at least three years of experience in the field; capable of designing and directing construction of exploration and exploitation wells;

b) For manual drilling operations with a hole diameter up to 110 mm, the technical director must be an engineer in geology-related fields, with at least one year of experience or a college degree in geology with at least three years of experience in the field; capable of designing and directing construction of exploration and exploitation wells; understanding techniques to isolate aquifers and protect underground water; able to prepare reports on small-scale exploration and exploitation results;

c) For medium and large-scale industrial drilling operations, the technical director must have at least a senior engineer degree in hydrogeology; capable of preparing exploration projects, designing well systems for exploitation, directing construction, and preparing reports on exploration results to assess underground water reserves; understanding regional hydrogeological conditions; nominated in writing by the unit's head.

2. Drilling machinery and equipment must ensure technical performance and labor safety as stipulated by current regulations.

Article 16. Procedures and formalities for obtaining a drilling business license for underground water

1. Organizations and individuals applying for a drilling business license for underground water submit the application at the agency receiving applications as specified in Article 5 of this Regulation. The application includes:

a) An application form for drilling business license for underground water as prescribed in Appendix 7 of this Regulation;

b) A certified copy of the establishment decision of the organization or business registration certificate issued by the competent authority;

c) A technical capability statement as prescribed in Appendix 8 of this Regulation.

2. The procedures for issuing a drilling business license for underground water are as follows:

a) Within ten (10) days from the date of receipt of the application, the agency receiving applications examines and checks the application. If the application is incomplete, the agency requests the applicant to supplement or resubmit the application.

b) Within thirty (30) days from the date of receipt of a complete and valid application, the agency receiving applications reviews the application, inspects the actual capabilities of the organization or individual applying for the license, and submits to the competent authority for a decision on issuing the license. If the conditions for issuing the license are not met, the agency returns the application to the applicant and specifies the reasons.

Article 17. Responsibilities and authorities of organizations and individuals permitted to engage in underground water drilling business.

Organizations and individuals permitted to engage in underground water drilling business have the following responsibilities and authorities:

1. To comply with drilling technical procedures, provisions in the permit, and regulations on protecting underground water.

2. To annually report to the issuing authority on exploration and exploitation of underground water.

3. Not to drill for exploration or exploitation of underground water for organizations and individuals who have not been granted permission to explore or exploit underground water.

4. To participate in bidding for underground water exploration and exploitation projects.

Article 18. Duration of the underground water drilling business license.

1. The duration of the underground water drilling business license shall not exceed five (5) years. The extension period shall not exceed three (3) years.

2. Three months before the expiration of the license, organizations and individuals wishing to continue the business must apply for an extension, including: statistics of completed projects; report on changes in manpower and specialized equipment of the unit.

Article 19. Implementation

1. The Director of the National Water Resources Management Agency and the Directors of Provincial Departments of Natural Resources and Environment are responsible for implementing and supervising the implementation of this Regulation.

2. Organizations and individuals violating the provisions of this Regulation will be subject to legal sanctions.

3. During the implementation process, if there are any difficulties, individuals shall reflect them in writing to the Ministry of Natural Resources and Environment for consideration and resolution./.