Decree No. 149/2004/ND-CP on granting permits for exploration, exploitation, utilization of water resources, and discharging wastewater into water sources.

DECREE

Regulations on granting permits for exploration, exploitation, and utilization of water resources, and discharging wastewater into water sources.

Discharge of wastewater into water sources

 __________________

THE GOVERNMENT 

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Resolution No. 02/2002/QH11 dated August 5, 2002 of the National Assembly of the Socialist Republic of Vietnam, Session I, specifying the list of Ministries and ministerial-level agencies under the Government;

Pursuant to the Water Resources Law dated May 20, 1998;

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

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

DECREE:

PART I

GENERAL PROVISIONS

Article 1.Scope of Regulation

This Decree regulates the issuance, extension, modification, suspension, and revocation of permits for exploration, exploitation, and utilization of water resources, and discharging wastewater into water sources.

Article 2. APPLICATION OBJECTS

This Decree applies to all organizations and individuals within the country and foreign organizations and individuals (hereinafter referred to collectively as organizations and individuals) engaged in activities related to exploration, exploitation, utilization of water resources, and discharging wastewater into water sources.

In cases where international treaties signed or acceded to by the Socialist Republic of Vietnam provide different provisions from those of this Decree, such treaties shall be applied.

Article 3. Permit for exploration, exploitation, utilization of water resources, and discharging wastewater into water sources.

The permit for exploration, exploitation, utilization of water resources, and discharging wastewater into water sources includes: permit for underground water exploration; permit for underground water exploitation and utilization; permit for surface water exploitation and utilization; permit for discharging wastewater into water sources.

Article 4Principles of Permit Issuance

The issuance of permits for exploration, exploitation, utilization of water resources, and discharging wastewater into water sources must comply with the following principles:

1. Permits must be issued within the scope of authority, to the correct subjects, and in accordance with the procedures and formalities prescribed by law;

2. It must ensure the interests of the State; the rights and legitimate benefits of organizations and individuals concerned, and environmental protection as prescribed by law;

3. Priority should be given to issuing permits for exploration, exploitation, and utilization of water resources for the provision of domestic water supply;

4. It must not cause depletion or pollution of water sources when conducting exploration, exploitation, utilization of water resources, and discharging wastewater into water sources;

5. Underground water extraction in a region must not exceed the exploitable volume of that region; if underground water in the exploitation area has reached the exploitable volume, expansion of the scale of exploitation is not allowed unless remedial measures have been implemented.

Article 5. Basis for Permit Issuance

1. The issuance of permits for exploration, exploitation, utilization of water resources, and discharging wastewater into water sources must be based on the following grounds:

a) Law on Water Resources and related legal documents;

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

c) River basin planning approved by competent state authorities in accordance with the law; in cases where there is no river basin plan, it must be based on the availability of water resources and must ensure that depletion or pollution of water sources does not occur;

d) Report on the assessment of the application dossier for exploration, exploitation, utilization of water resources, and discharging wastewater into water sources by competent state authorities.

2. In addition to the grounds specified in Clause 1 of this Article, the issuance of permits for discharging wastewater into water sources must also be based on the following provisions:

a) Wastewater discharge standards; in cases where there are no standards, they shall be carried out according to the guidelines of the Ministry of Natural Resources and Environment;

b) The capacity of water bodies to accept wastewater;

c) Sanitary protection zones around water intake areas as defined by competent state authorities.

Chapter II

ISSUANCE, EXTENSION, MODIFICATION, SUSPENSION, REVOCATION OF PERMITS FOR EXPLORATION

EXPLOITATION, UTILIZATION OF WATER RESOURCES AND DISCHARGING WASTEWATER INTO

WATER SOURCES

Article 6. Cases Not Requiring Application for a Permit

1. Exploration, exploitation, and utilization of water resources do not require a permit in the following cases:

a) Small-scale exploitation and utilization of surface water and underground water for household purposes within the family's premises;

b) Small-scale exploitation and utilization of surface water and underground water for agricultural, forestry, aquaculture, small-scale industrial production, hydropower, and other purposes within the family's premises;

c) Small-scale exploitation and utilization of seawater for salt production and marine aquaculture within the family's premises;

d) Exploitation and utilization of rainwater, surface water, and seawater within the area allocated or leased in accordance with the Land Law, Water Resources Law, and other relevant laws;

đ) Exploitation and utilization of water resources for non-commercial purposes serving forestry, inland waterway transportation, aquaculture, marine aquaculture, salt production, sports, entertainment, tourism, healthcare, and scientific research, without exceeding the permitted scale and depth as specified in the permit;

e) Extraction of underground water from replacement facilities with a scale not larger than and a water level not lower than the permissible limit determined in the permit, within the permitted area.

2. Small-scale discharge of wastewater into water sources within the family's premises.

3. Small-scale exploitation and utilization of underground water within the family's premises do not require a permit but must be registered in the following cases:

a) Utilization of underground water for agricultural, forestry, aquaculture, and small-scale industrial production in regions where the total amount of extracted water exceeds the average dry season underground flow;

b) Depth of the well exceeds the prescribed limit.

4. Provincial People's Committees (hereinafter referred to collectively as provincial People's Committees) shall specify in detail the scale of exploitation and utilization of water resources and discharge of wastewater into water sources within the family's premises that do not require a permit; the areas requiring registration for underground water exploitation and the depth of wells requiring registration as specified in Clause 3 of this Article.

Article 7. Duration and Extension of Permits

1. The duration of the permit for surface water exploitation and utilization shall not exceed twenty (20) years and may be extended, but the extension period shall not exceed ten (10) years.

2. The duration of the permit for underground water exploration shall not exceed three (3) years and may be extended, but the extension period shall not exceed two (2) years.

3. The duration of the permit for underground water exploitation and utilization shall not exceed fifteen (15) years and may be extended, but the extension period shall not exceed ten (10) years.

4. The term of the discharge permit into water sources shall not exceed ten (10) years and may be extended upon review, but the extension period shall not exceed five (5) years.

5. The extension of permits for exploration, exploitation, utilization of water resources, and discharge into water sources must be based on the provisions of Article 5 of this Decree and the following conditions:

a) At the time of requesting an extension, the permit holder has fully fulfilled the obligations stipulated in Article 18 of this Decree;

b) The permit for exploration, exploitation, utilization of water resources, and discharge into water sources remains valid for at least three (3) months at the time of requesting an extension.

Article 8. Alteration of the term and adjustment of the content of the permit

The alteration of the term and adjustment of the content of the permit shall be carried out in the following cases:

1. For underground water exploration permits:

a) Site conditions do not allow the construction of certain project components approved in the exploration plan;

b) There are differences between the actual hydrogeological structure and the anticipated hydrogeological structure in the approved exploration plan;

c) The volume of exploration components changes by more than 10% compared to the approved volume.

2. For exploitation and utilization of water resource permits:

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

b) Water demand increases without measures to treat or supplement the water source;

c) Special situations occur that require limiting water exploitation and utilization;

d) Water exploitation causes land subsidence, deformation of structures, intrusion of saline water, depletion, or severe pollution of underground water sources.

3. For discharge permits into water sources:

a) The water source can no longer accept wastewater;

b) Wastewater discharge demand increases without measures to treat or mitigate;

c) Special situations occur that require limiting wastewater discharge into water sources.

Article 9. Suspension of the effectiveness of the permit

1. The permit shall be suspended in the following cases:

a) The organization or individual granted the permit (collectively referred to as the Permit Holder) violates the contents specified in the permit;

b) The permit holder transfers the permit without authorization.

c) The Permit Holder uses the permit to organize activities not specified in the permit's content.

2. The duration of the suspension of the permit's effectiveness shall be determined by the issuing authority. During the suspension period, the Permit Holder shall not have any rights related to the permit.

Article 10. Revocation of the license

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

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

b) The permit is issued but not used continuously for twelve (12) months without permission from the competent state management agency for water resources;

c) The Permit Holder violates the decision to suspend the effectiveness of the permit;

d) The Permit Holder violates the contents specified in the permit, causing serious depletion or pollution of water sources;

đ) The permit is issued beyond the authority;

e) When the competent state agency decides to revoke the permit due to national defense, security reasons, or national interest, public interest.

2. In cases where the permit is revoked due to violations under points b and c of Clause 1 of this Article, the Permit Holder may only be considered for a new permit after three (3) years from the date of revocation if they have fully fulfilled all obligations related to the reason for revoking the old permit.

3. In cases where the permit is revoked according to points đ and e of Clause 1 of this Article, the competent state agency for water resources shall consider issuing a new permit.

Article 11. Return of the permit

1. If the permit is not used, the Permit Holder has the right to return the permit to the issuing authority and provide a written explanation of the reason to the issuing authority.

2. Organizations or individuals who have returned the permit may only be considered for a new permit after two (2) years from the date of returning the permit.

Article 12. Termination of the effectiveness of the permit

1. 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.

2. When the permit is terminated, the related rights associated with the permit also terminate.

Article 13. Authority to issue, extend, alter the term, adjust the content, suspend the effectiveness, and revoke the permit

1. The Ministry of Natural Resources and Environment shall issue, extend, alter the term, adjust the content, suspend the effectiveness, and revoke the permit in the following cases:

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

b) Underground water exploration for projects with a flow rate of 3,000 cubic meters or more;³/day-night or more;

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

d) Surface water exploitation for power generation with a capacity of 2,000 kilowatts or more;

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

e) Discharge into water sources with a flow rate of 5,000 cubic meters or more;³/day-night or more.

2. Provincial People's Committees shall issue, extend, alter the term, adjust the content, suspend the effectiveness, and revoke the permit in cases not specified in Clause 1 of this Article.

Article 14. Authority responsible for receiving and managing applications and permits

1. The National Water Resources Management Agency under the Ministry of Natural Resources and Environment shall be responsible for receiving and managing applications and permits issued by the Ministry of Natural Resources and Environment.

2. Departments of Natural Resources and Environment shall be responsible for receiving and managing applications and permits issued by provincial People's Committees.

Chapter III

RESPONSIBILITIES AND LIMITATIONS OF THE ISSUING AUTHORITY AND PERMIT HOLDER

AND THE LICENSE HOLDER

Article 15. Responsibilities and powers of the issuing authority

The issuing authority has the following responsibilities and powers:

1. To issue, extend, alter the term, adjust the content of the permit; suspend the effectiveness and revoke the permit in accordance with the authority prescribed in Article 13 of this Decree.

2. To notify in writing the organization or individual applying for the permit, clearly stating the reason in case of refusal to issue, extend, alter the term, or adjust the content of the permit.

3. To inspect and supervise the Permit Holder's fulfillment of the obligations stipulated in Article 18 of this Decree.

Article 16. Responsibilities and powers of the authority responsible for receiving and managing applications and permits

The authority responsible for receiving and managing applications and permits has the following responsibilities and powers:

1. Receiving documents and guiding the procedures for applying for a permit.

2. Requesting organizations and individuals applying for a permit to supplement documents as required.

3. To review the application for a permit and bear responsibility for the review results.

4. To process the procedures to obtain the permit from the competent state agency.

5. Archive records related to the issuance of permits for exploration, exploitation, utilization of water resources, and discharging wastewater into water sources.

Article 17. Rights of the Permit Holder

The permit holder has the following rights:

1. To explore, exploit, utilize water resources, and discharge wastewater into water sources in accordance with the provisions of the permit.

2. To be protected by the State for their lawful rights and interests stipulated in the permit.

3. To be compensated by the State for losses in cases where the permit is revoked prematurely due to national defense, security reasons, or for the benefit of the nation and public interest, as stipulated by law.

4. To request organizations and individuals to compensate for damages to their lawful rights and interests regarding exploration, exploitation, utilization of water resources, and discharging wastewater into water sources, as provided by law.

5. To propose to the issuing authority to extend, change the term, or adjust the content of the permit in accordance with regulations.

6. To return the permit in accordance with regulations.

7. To lodge complaints or initiate lawsuits against violations of their lawful rights and interests in exploration, exploitation, utilization of water resources, and discharging wastewater into water sources, as provided by law.

8. To use data and information on water resources in accordance with current regulations.

9. To transfer, lease, inherit, mortgage, or guarantee assets invested in exploration, exploitation, utilization of water resources, and discharging wastewater into water sources, as provided by law.

Article 18. Obligations of the Permit Holder

The permit holder has the following obligations:

1. To comply with laws and regulations on water resources and the provisions in the permit.

2. To pay fees for permits to explore underground water; fees for permits to exploit and utilize underground water; fees for permits to exploit and utilize surface water; fees for permits to discharge wastewater into water sources; to pay resource taxes and environmental protection fees for wastewater; to compensate for damages caused by themselves according to the law.

3. Not to obstruct or cause damage to the lawful exploration, exploitation, utilization of water resources, and discharging wastewater into water sources of other organizations and individuals.

4. To protect water sources in the area of exploration, exploitation, utilization of water resources, and discharging wastewater into water sources.

5. To provide complete and truthful data and information on water resources in the area where they explore, exploit, utilize water, and discharge wastewater into water sources when requested by competent state authorities.

6. To implement measures to ensure safety, prevent, and mitigate incidents during the process of exploration, exploitation, utilization of water resources, and discharging wastewater into water sources; to promptly report to the issuing authority to take appropriate measures.

7. To monitor the process of exploration, exploitation, utilization of water resources, and discharging wastewater into water sources according to the guidance of competent state authorities.

8. Not to dismantle or destroy without authorization any public property facilities or equipment related to exploration, exploitation, utilization of water resources, and discharging wastewater into water sources when the permit ceases to be effective; within sixty (60) days from the date the permit ceases to be effective, all assets must be removed from the area of exploration, exploitation, utilization of water resources, and discharging wastewater into water sources; to restore the environment and land in accordance with the law.

9. To facilitate organizations and individuals permitted by state management agencies to conduct scientific research, investigation, and assessment of water sources in the area where the permit was granted.

10. To report on the results of exploration, exploitation, utilization of water resources, and discharging wastewater into water sources to competent state authorities in accordance with the law.

Chapter IV

PROCEDURES FOR ISSUING PERMITS FOR EXPLORATION, EXPLOITATION, UTILIZATION OF WATER RESOURCES AND DISCHARGING WASTEWATER INTO WATER SOURCES

FOR PRIMARY WATER, DISCHARGING WASTEWATER INTO WATER SOURCES

Article 19. Procedure for Issuing Permits for Underground Water Exploration

1. Organizations and individuals applying for permits to explore underground water submit two (2) sets of application files at the receiving agency as prescribed in Article 14 of this Decree. The application file includes:

a) An application form for the permit;

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

c) A certified copy of the certificate or valid document regarding land use rights under the Land Law at the exploration location, or a document from the competent People's Committee allowing land use for exploration.

2. The procedure for issuing permits is as follows:

a) Within five (5) working days from the date of receipt of the application file, the receiving agency is responsible for reviewing and checking the application file; if the file is not compliant, the receiving agency will notify the organization or individual applying for the permit to complete the file in accordance with the regulations.

b) From the date of receiving a complete and compliant application file as prescribed in Clause 1 of this Article, within fifteen (15) working days for exploration projects with a scale below 3000 m³/day-night, thirty (30) working days for exploration projects with a scale of 3000 m3/day-night or more, the receiving agency is responsible for examining the application file, conducting on-site inspections when necessary, and if there are sufficient grounds to issue the permit, it will submit the application to the competent authority to issue the permit; if there are insufficient conditions to issue the permit, the receiving agency will return the application file to the organization or individual applying for the permit and inform the reason for not issuing the permit.

Article 20. Procedure for Issuing Permits for Exploitation and Utilization of Underground Water

1. Organizations and individuals applying for permits to exploit and utilize underground water submit two (2) sets of application files at the receiving agency as prescribed in Article 14 of this Decree. The application file includes:

a) An application form for the permit;

b) An exploitation plan for underground water;

c) A map of the area and the location of the underground water exploitation project at a scale of 1/50,000 to 1/25,000;

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

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

e) A certified copy of the certificate or valid document regarding land use rights under the Land Law at the location of the exploitation well. If the land where the exploitation well is located does not belong to the land use rights of the organization or individual applying for the permit, then there must be an agreement between the exploitation organization or individual and the organization or individual currently holding the land use rights, confirmed by the competent People's Committee.

2. The procedure for issuing permits is prescribed as follows:

a) Within five (5) working days from the date of receipt of the application file, the agency receiving the file shall be responsible for examining and checking the file; in case the file is not valid, the agency receiving the file shall notify the organization or individual applying for the permit to complete the file in accordance with the regulations.

b) For cases where there is already an extraction well, within fifteen (15) working days from the date of receipt of a valid file in accordance with Clause 1 of this Article, the agency receiving the file shall be responsible for reviewing the file, inspecting the actual site when necessary, and if there is sufficient basis for issuing the permit, it shall submit the file to the competent authority to issue the permit; in case there are insufficient conditions to issue the permit, the agency receiving and reviewing the file shall return the file to the organization or individual applying for the permit and notify the reasons for not issuing the permit.

c) For cases where there is no existing extraction well, within ten (10) working days from the date of receipt of a valid file in accordance with Clause 1 of this Article, the agency receiving the file shall be responsible for issuing a construction permit for the extraction well. Within fifteen (15) working days from the date of receipt of the construction documents for the extraction well, the agency receiving the file shall be responsible for reviewing the file, inspecting the actual site when necessary, and if there is sufficient basis for issuing the permit, it shall submit the file to the competent authority to issue the permit; in case there are insufficient conditions to issue the permit, the agency receiving and reviewing the file shall return the file to the organization or individual applying for the permit and notify the reasons for not issuing the permit.

Article 21. Procedure and formalities for issuing permits for the exploitation and use of surface water

1. Organizations and individuals applying for permits for the exploitation and use of surface water shall submit two (2) sets of files at the agency receiving the files in accordance with Article 14 of this Decree. The file includes:

a) An application form for the permit;

b) An exploitation and utilization plan for surface water accompanied by an operation process for cases where there is no exploitation facility; a report on the current status of exploitation and utilization of surface water for cases where there is an existing exploitation facility;

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

d) A map of the area and location of the water exploitation facility at a scale of 1/50,000 to 1/25,000;

đ) A certified copy of the certificate of land use rights or other valid documents regarding land use rights according to the Land Law at the location of the water exploitation facility. In cases where the land at the location of the water exploitation facility does not belong to the land use rights of the organization or individual applying for the permit, a written agreement for land use between the organization or individual exploiting water and the organization or individual currently holding land use rights must be obtained, confirmed by the People's Committee with competent authority.

2. The procedure for issuing permits is as follows:

a) Within five (5) working days from the date of receipt of the file, the agency receiving the file shall be responsible for examining and checking the file; in case the file is not valid, the agency receiving the file shall notify the organization or individual applying for the permit to complete the file in accordance with the regulations.

b) Within thirty (30) working days from the date of receipt of a valid file in accordance with Clause 1 of this Article, the agency receiving the file shall be responsible for reviewing the file, inspecting the actual site when necessary, and if there is sufficient basis for issuing the permit, it shall submit the file to the competent authority to issue the permit; in case there are insufficient conditions to issue the permit, the agency receiving the file shall return the file to the organization or individual applying for the permit and notify the reasons for not issuing the permit.

 Article 22. Procedure and formalities for issuing permits for discharging wastewater into water sources

1. Organizations and individuals applying for permits for discharging wastewater into water sources shall submit two (2) sets of files at the agency receiving the files in accordance with Article 14 of this Decree. The file includes:

a) Application for issuance of discharge permit;

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

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

d) A wastewater discharge plan into water sources, accompanied by the operation process of the wastewater treatment system; in cases where wastewater is being discharged into water sources, a current status report on wastewater discharge, accompanied by analysis results of wastewater components and confirmation of payment of environmental protection fees for wastewater must be provided;

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

e) An environmental impact assessment report approved by the competent authority for cases required to conduct an environmental impact assessment under the law;

g) A certified copy of the certificate of land use rights or other valid documents regarding land use rights according to the Land Law at the location of the wastewater discharge facility. In cases where the land at the location of the wastewater discharge facility does not belong to the land use rights of the organization or individual applying for the permit, a written agreement for land use between the organization or individual discharging wastewater and the organization or individual currently holding land use rights must be obtained, confirmed by the People's Committee with competent authority.

2. The procedure for issuing permits is prescribed as follows:

a) Within five (5) working days from the date of receipt of the file, the agency receiving the file shall be responsible for examining and checking the file; in case the file is not valid, the agency receiving the file shall notify the organization or individual applying for the permit to complete the file in accordance with the regulations.

b) Within thirty (30) working days from the date of receipt of a valid file in accordance with Clause 1 of this Article, the agency receiving the file shall be responsible for reviewing the file, inspecting the actual site when necessary, and if there is sufficient basis for issuing the permit, it shall submit the file to the competent authority to issue the permit; in case the file does not meet the conditions for issuing the permit, the agency receiving and reviewing the file shall return the file to the organization or individual applying for the permit and notify the reasons for not issuing the permit.

Article 23. Procedure and formalities for extending, changing the term, and adjusting the content of exploration, exploitation, utilization of water resources, and wastewater discharge permits

1. Organizations and individuals applying for extension, change of term, or adjustment of the content of exploration, exploitation, utilization of water resources, and wastewater discharge permits shall submit two (2) sets of files at the agency receiving the files in accordance with Article 14 of this Decree. The file includes:

a) Application for extension, change of term, or adjustment of the content of the permit (specifying the reasons);

b) The previously issued permit;

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

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

đ) An exploration, exploitation, utilization of water resources, and wastewater discharge plan into water sources in cases where the content of the permit needs to be adjusted.

2. Within twenty (20) working days from the date of receipt of a valid file in accordance with Clause 1 of this Article, the agency receiving the file shall be responsible for reviewing the file, inspecting the actual site when necessary, and if there are sufficient conditions for extension, change of term, or adjustment of the content of the permit, it shall submit the file to the competent authority to extend, change the term, or adjust the content of the permit; in case the file does not meet the conditions for extension, change of term, or adjustment of the content of the permit, the agency receiving the file shall return the file to the organization or individual applying for extension, change of term, or adjustment of the content of the permit and specify the reasons.

Chapter V

IMPLEMENTING PROVISIONS

Article 24. Implementation

1. The Ministry of Finance shall take the lead and coordinate with the Ministry of Natural Resources and Environment and relevant ministries and sectors to build and submit to competent authorities for issuance or issue within their authority regarding the system of collection, payment, management, and utilization of fees for issuing groundwater exploration permits; fees for issuing groundwater exploitation and utilization permits; fees for issuing surface water exploitation and utilization permits; and fees for issuing wastewater discharge permits into water sources.

2. The Ministry of Science and Technology shall stipulate and guide the application of wastewater discharge standards into water sources, and coordinate with the Ministry of Natural Resources and Environment and relevant ministries, sectors, and localities to inspect the implementation of these standards.

3. The Ministry of Natural Resources and Environment shall specify the models of permits for groundwater exploration, exploitation, utilization, and wastewater discharge into water sources, and be responsible for directing and guiding the implementation of this Decree.

Article 25. Effectiveness

1. Groundwater exploration, exploitation, utilization, and wastewater discharge permits issued before the effective date of this Decree that are not contrary to the provisions of this Decree shall continue to be valid. In cases where permits were issued before the effective date of this Decree but are contrary to its provisions, the permit holder must complete procedures to apply for new permits in accordance with regulations within one (1) year from the effective date of this Decree.

2. This Decree shall take effect fifteen (15) days after its publication in the Official Gazette. Articles 5, 9, 10, and 12 of Decree No. 179/1999/NĐ-CP dated December 30, 1999 of the Government on the implementation of the Water Resources Law are hereby repealed.

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.