Decree No. 201/2013/ND-CP provides detailed implementation of certain provisions of the Water Resources Law.

DECREE

Article 24provides detailed implementation of certain Articles of LAmendment and Supplement to Certain Provisions of the Tobacco Control Law Tài nguyên nướcspecialized agency under the People's Committee of the province/city.

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Pursuant to the Law Tổ chức Chính phủ ngày 25 thángJune 2024;The Ministry of Finance issued on November 13,

Pursuant to the Law Tài nguyên nước số 17/201||| 2/QH1JUNE 21, 2012;

Pursuant to the proposal of the Director of the Department of Ethnic Affairs and Religion Propaganda;on nghị của Bộ trưởng Bộ Tài nguyên và Môi trường;

C- Government;This Decree stipulates special allowances, subsidies, and support for security guards and the funding to ensure the implementation of policies for security guards.i hành một số điều của Luật tài nguyên nước,

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Nghị định này quy định việc lấy ý kiến đại diện cộng đồng dân cư trong khai thác, sử dụng tài nguyên nước, xả nước thải vào nguồn nước; điều tra cơ bản tài nguyên nước; cấp phép về tài nguyên nước; tiền cấp quyền khai thác tài nguyên nước và chuyển nhượng quyền khai thác tài nguyên nước; tổ chức lưu vực sông và việc điều phối giám sát hoạt động khai thác, sử dụng, bảo vệ tài nguyên nước, phòng, chống và khắc phục hậu quả tác hại do nước gây ra trên lưu vực sông.

Điều 2. Lấy ý kiến đại diện cộng đồng dân cư, tổ chức, cá nhân liên quan trong khai thác, sử dụng tài nguyên nước, xả nước thải vào nguồn nước

Việc lấy ý kiến đại diện cộng đồng dân cư, tổ chức, cá nhân liên quan trong khai thác, sử dụng tài nguyên nước, xả nước thải vào nguồn nước có ảnh hưởng lớn đến sản xuất, đời sống của nhân dân trên địa bàn theo quy định tại Điều 6 của Luật tài nguyên nước được thực hiện như sau:

1. Các dự án có xây dựng công trình khai thác, sử dụng tài nguyên nước, xả nước thải vào nguồn nước phải lấy ý kiến bao gồm:

a) Công trình hồ, đập có tổng dung tích từ 500 triệu mét khối trở lên; công trình khai thác, sử dụng nước mặt với lưu lượng từ mười mét khối/giây trở lên;

b) Công trình chuyển nước giữa các nguồn nước;

c) Công trình hồ, đập làm gián đoạn dòng chảy tự nhiên của sông, suối trên một đoạn có chiều dài từ một (01) kilômét trở lên;

d) Công trình xả nước thải vào nguồn nước có lưu lượng từ mười nghìn mét³/day-night or more;

đ) Công trình khai thác, sử dụng nước dưới đất có lưu lượng từ mười hai nghìn mét³/day-night or more;

e) Các trường hợp quy định tại Khoản này nếu có yếu tố bí mật quốc gia thì không phải thực hiện việc lấy ý kiến.

2. Time for soliciting opinions:

a) Trong quá trình lập dự án đầu tư đối với trường hợp quy định tại Điểm a, b, c và Điểm d Khoản 1 Điều này;

b) Trong quá trình thăm dò đối với công trình khai thác nước dưới đất quy định tại Điểm đ Khoản 1 Điều này.

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) Các biện pháp bảo vệ tài nguyên nước, đảm bảo nước cho các đối tượng sử dụng ở thượng và hạ lưu công trình trong quá trình xây dựng, vận hành công trình, thời gian công trình không vận hành;

đ) Các thông tin quy định tại Khoản 1 Điều 3 của Nghị định này;

e) Các số liệu, tài liệu khác liên quan đến việc khai thác, sử dụng tài nguyên nước, xả nước thải vào nguồn nước.

4. Agencies responsible for soliciting opinions:

a) Ủy ban nhân dân cấp huyện, nơi nguồn nước nội tỉnh chảy qua, tổ chức lấy ý kiến đối với công trình khai thác, sử dụng nguồn nước nội tỉnh, xả nước thải vào nguồn nước nội tỉnh quy định tại Điểm a, c và Điểm d Khoản 1 Điều này;

b) Ủy ban nhân dân cấp tỉnh, nơi nguồn nước liên tỉnh chảy qua, tổ chức lấy ý kiến đối với công trình khai thác, sử dụng nguồn nước liên tỉnh, xả nước thải vào nguồn nước liên tỉnh quy định tại Điểm a, c và Điểm d Khoản 1 Điều này;

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) Ủy ban nhân dân cấp huyện, nơi dự kiến bố trí công trình khai thác nước dưới đất, tổ chức lấy ý kiến đối với công trình khai thác, sử dụng nước dưới đất quy định tại Điểm đ Khoản 1 Điều này.

5. Procedures for soliciting opinions:

a) Chủ dự án gửi các tài liệu, nội dung quy định tại Khoản 3 Điều này đến Ủy ban nhân dân cấp huyện và Phòng Tài nguyên và Môi trường cấp huyện, đối với trường hợp cơ quan tổ chức lấy ý kiến là Ủy ban nhân dân cấp huyện hoặc đến Ủy ban nhân dân cấp tỉnh và Sở Tài nguyên và Môi trường, đối với trường hợp cơ quan tổ chức lấy ý kiến là Ủy ban nhân dân cấp tỉnh;

b) Trường hợp cơ quan tổ chức lấy ý kiến là Ủy ban nhân dân cấp huyện, trong thời hạn ba mươi (30) ngày làm việc, kể từ ngày nhận được đề nghị xin ý kiến của chủ dự án, Phòng Tài nguyên và Môi trường cấp huyện có trách nhiệm giúp Ủy ban nhân dân cấp huyện tổ chức các buổi làm việc, cuộc họp với các cơ quan, tổ chức, cá nhân có liên quan để cho ý kiến về công trình dự kiến xây dựng hoặc đối thoại trực tiếp với chủ dự án; tổng hợp ý kiến trình Ủy ban nhân dân cấp huyện gửi cho chủ dự án;

c) Trường hợp cơ quan tổ chức lấy ý kiến là Ủy ban nhân dân cấp tỉnh, trong thời hạn bốn mươi (40) ngày làm việc, kể từ ngày nhận được đề nghị xin ý kiến của chủ dự án, Sở Tài nguyên và Môi trường có trách nhiệm giúp Ủy ban nhân dân cấp tỉnh tổ chức các buổi làm việc, cuộc họp hoặc đối thoại trực tiếp với các cơ quan, tổ chức, cá nhân có liên quan để cho ý kiến về công trình dự kiến xây dựng; tổng hợp ý kiến trình Ủy ban nhân dân cấp tỉnh gửi cho chủ dự án;

d) Ngoài các nội dung thông tin quy định tại Khoản 3 Điều này, chủ dự án có trách nhiệm cung cấp bổ sung các số liệu, báo cáo, thông tin về dự án nếu các cơ quan quy định tại Khoản 4 Điều này có yêu cầu và trực tiếp báo cáo, thuyết minh, giải trình tại các cuộc họp lấy ý kiến để làm rõ các vấn đề liên quan đến dự án.

6. Chủ dự án có trách nhiệm tổng hợp, tiếp thu, giải trình các ý kiến góp ý. Văn bản góp ý và tổng hợp tiếp thu, giải trình là thành phần của hồ sơ dự án khi trình cấp có thẩm quyền thẩm định, phê duyệt và phải được gửi kèm theo hồ sơ đề nghị cấp giấy phép tài nguyên nước.

7. Việc lấy ý kiến hoặc thông báo trước khi lập dự án đối với các dự án đầu tư quy định tại Khoản 2, Khoản 3 Điều 6 của Luật tài nguyên nước được thực hiện như sau:

a) Đối với dự án có chuyển nước từ nguồn nước nội tỉnh:

- Chủ dự án gửi văn bản lấy ý kiến kèm theo quy mô, phương án chuyển nước và các thông tin, số liệu, tài liệu liên quan tới Ủy ban nhân dân cấp xã, Ủy ban nhân dân cấp huyện nơi nguồn nước nội tỉnh bị chuyển nước và Sở Tài nguyên và Môi trường;

- Trong thời hạn bốn mươi (40) ngày làm việc, kể từ ngày nhận được đề nghị xin ý kiến của chủ dự án, Sở Tài nguyên và Môi trường có trách nhiệm hướng dẫn, hỗ trợ Ủy ban nhân dân cấp huyện, Ủy ban nhân dân cấp xã tổ chức các buổi làm việc, cuộc họp với các cơ quan, tổ chức có liên quan cho ý kiến về quy mô, phương án chuyển nước đề xuất hoặc đối thoại trực tiếp với chủ dự án; tổng hợp ý kiến và gửi cho chủ dự án.

b) Đối với dự án có chuyển nước từ nguồn nước liên tỉnh, dự án đầu tư xây dựng hồ, đập trên dòng chính thuộc lưu vực sông liên tỉnh:

- The project owner shall submit a document seeking opinions along with the scale, water transfer plan, construction project plan, and related information, data, and materials to the People's Committees of provinces where inter-provincial water sources are transferred or where the main flow passes through, river basin organizations, and relevant Provincial Departments of Natural Resources and Environment;

- Within seven (07) working days from the date of receipt of the project owner’s request for opinions, the Department of Natural Resources and Environment shall be responsible for sending the documents to relevant provincial departments, agencies, and sectors;

- Within sixty (60) working days from the date of receipt of the project owner’s request for opinions:

+ The river basin organization shall be responsible for replying in writing to the project owner;

+ The Department of Natural Resources and Environment shall be responsible for organizing meetings with relevant provincial departments, agencies, and sectors, and organizations and individuals concerned to provide opinions on the proposed construction project or directly dialogue with the project owner to consolidate opinions and submit them to the People's Committee of the province for forwarding to the project owner;

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

Prior to initiating the investment project establishment process, the project owner must notify the scale and proposed construction plan of the project to the river basin organization and the People's Committees of provinces within the river basin;

d) Based on the feedback opinions, the project owner shall complete the construction project plan and submit it to the competent authority for issuing water resources permits for review and approval regarding the scale and construction plan before establishing the investment project;

8. The costs for soliciting opinions shall be borne by the project owner;

Article 3. Disclosure of Information

Publicizing information related to the exploitation and utilization of water resources and discharging wastewater into water sources as stipulated in Point b Clause 1 Article 6 of the Water Resources Law shall be carried out as follows:

1. Project owners specified in Points a, b, c, d, and đ Clause 1 Article 2 of this Decree must publicly disclose the following information:

a) For projects specified in Points a, b, and c Clause 1 Article 2 of this Decree:

- Purpose of water exploitation and utilization;

- Source of water exploitation and utilization;

- Location of water exploitation and utilization facilities;

- Method of water exploitation and utilization;

- Volume of water exploited and utilized;

- Time period of water exploitation and utilization;

- Basic characteristics of reservoirs or dams if constructing reservoirs or dams;

b) For projects specified in Point d Clause 1 Article 2 of this Decree:

- Type of wastewater;

- Receiving water source for wastewater;

- Location of wastewater discharge;

- Discharge volume and method of wastewater;

- Limit values and concentrations of pollutants in wastewater;

c) For underground water exploitation projects specified in Point đ Clause 1 Article 2 of this Decree:

- Purpose of water exploitation and utilization;

- Location of underground water exploitation facilities;

- Aquifer exploited and depth of exploitation;

- Total number of wells exploited;

- Total volume of water exploited and utilized;

- Exploitation regime;

- Time period of exploitation and utilization;

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

a) On mass media of the People's Committees of districts and websites of the People's Committees of provinces as stipulated in Clause 3 Article 2 of this Decree;

b) Thirty (30) working days prior to commencement and throughout the construction period, the project owner 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 concerning 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 of leaders 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 shall be 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 shall be responsible for proposing and recommending to competent state authorities the regulation, distribution of water sources, supervision of activities related to water resource exploitation, utilization, protection, prevention, control, and remediation 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 shall establish river basin organizations for other inter-provincial river basins not covered by Clause 2 of this Article, upon the proposal of the head of the specialized state management agency for water resources.

Chapter II

BASIC INVESTIGATION OF WATER RESOURCES

Article 6. Responsibility for conducting water resources investigation and assessment

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

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

2. Provincial People's Committees shall organize the implementation of water resources investigation and assessment for intra-provincial water sources, inter-provincial water sources within their jurisdiction; compile the results of water resources investigation and assessment in intra-provincial river basins and within their jurisdiction, and submit 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 throughout the country, once 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 nationwide inventory of water resources, submit them for approval by the Prime Minister; organize the inventory of water resources for transboundary and inter-provincial water sources; compile and publish the results of the inventory in inter-provincial river basins and throughout the country;

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 within their jurisdiction, and submit them to the Ministry of Natural Resources and Environment for compilation;

c) Ministries and ministerial-level agencies within their respective duties and authorities shall have the responsibility to coordinate with the Ministry of Natural Resources and Environment and Provincial People's Committees in the implementation of the water resources inventory.

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 duties and authorities shall organize the investigation and prepare reports on the water usage situation 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 status of water resource exploitation and wastewater discharge for inter-provincial and transboundary water sources; compile the results of the investigation of the current status of water resource exploitation and usage, and wastewater discharge in inter-provincial river basins and throughout the country;

c) Within their respective duties and authorities, Provincial People's Committees shall be responsible for investigating the current status of water resource exploitation and usage, and wastewater discharge for intra-provincial and local water sources; compile the results of the investigation of the current status of water resource exploitation and usage, and wastewater discharge in intra-provincial river basins and within their jurisdiction, and submit 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 monitoring station network includes rain gauges; flow rate, water level, and water quality monitoring stations for transboundary and inter-provincial surface water sources and important intra-provincial surface water sources, coastal seawater; groundwater level and water quality monitoring stations for inter-provincial aquifers or those with significant potential;

b) The local monitoring station network includes rain gauges; flow rate, water level, and water quality monitoring stations for surface and underground water sources within the jurisdiction, which must be connected to the central monitoring station network.

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 planning of the water resources monitoring station network, the Ministry of Natural Resources and Environment shall organize the construction, management, and implementation of water resources monitoring for the central monitoring station network; the Department of Natural Resources and Environment shall organize the construction, management, and implementation of water resources monitoring for the local monitoring station 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. A warning and forecasting system for floods, droughts, saline intrusion, sea level rise, and other damages caused by water shall be established in each river basin and 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) Implement warnings, forecasts, provision, and ensure information and data services for flood prevention, drought prevention, saline intrusion prevention, sea level rise prevention, and other damages caused by water, in accordance with laws on water resources, laws on flood and storm prevention, and disaster prevention and mitigation.

3. Ministries, ministerial-level agencies, and Provincial People's Committees, based on requirements for flood prevention, drought prevention, saline intrusion prevention, sea level rise prevention, and other damages caused by water, shall establish warning and forecasting systems to serve the activities of their 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 specify data sets and data standards; organize the construction, management of the national water resources information and database system, 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 duties and authorities shall be responsible for organizing the construction, management, exploitation of their own water usage databases, and integrating them into the national water resources information and database system;

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

Article 12. Report on Water Resource Utilization

1. Annually, the Ministries of Industry and Trade, Agriculture and Rural Development, Construction, and other relevant ministries and ministerial-level agencies, and Provincial People's Committees within their respective duties and authorities shall be responsible for preparing reports on their water usage situations and submitting them to the Ministry of Natural Resources and Environment before January 30 of the following year for compilation and tracking.

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 Ministry of Finance shall take the lead and coordinate with the Ministry of Agriculture and Rural Development and the Ministry of Natural Resources and Environment to submit to the Government for the establishment of funding contribution levels for forest protection activities within reservoir catchment areas and participation in upstream forest protection and development activities.

Article 14. Underground Water Exploration

1. Prior to constructing a groundwater extraction project, the project proponent must conduct exploration to assess the reserves, quality, and exploitation capacity, and must obtain an exploration permit, except for cases where groundwater extraction and use do not require a permit.

2. Organizations and individuals conducting groundwater exploration projects must meet the conditions for drilling groundwater operations as prescribed by the Ministry of Natural Resources and Environment and must be granted a drilling operation permit by 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 exploration project proponent has the obligation:

a) To coordinate with organizations and individuals conducting groundwater 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: Groundwater exploration permits; surface water extraction and use permits; groundwater extraction and use permits; seawater extraction and use permits; wastewater discharge permits into water sources.

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, extraction, and wastewater discharge facilities;

c) Source of water for exploration, extraction, and wastewater reception;

d) Scale, capacity, flow rate, and key parameters of the exploration, extraction facilities, and wastewater discharge facilities; purpose of use for water extraction and use permits;

đ) Operation mode, method of water extraction, use, and wastewater discharge;

e) Duration of the permit;

g) Specific requirements and conditions stipulated by the issuing authority for each case of exploration, water resource extraction and use, and wastewater discharge into water sources, aimed at protecting water resources and ensuring the legitimate rights and interests of other related organizations and individuals;

h) Rights and obligations of the permit holder.

Article 16. Cases of water resource extraction, use, and wastewater discharge into water sources that do not require registration or permission

1. Cases of water resource extraction and use as specified in Points a, c, d, and đ Clause 1 Article 44 of the Water Resources Law which do not fall under the cases specified in Clause 2 Article 44 of the Water Resources Law.

2. Cases of small-scale water resource extraction and use for production, business, and services as specified 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 that do not fall under the cases specified in Clause 2 Article 44 of the Water Resources Law;

b) Surface water extraction for agricultural production and aquaculture with a scale not exceeding 0.1 m³/second;

c) Surface water extraction for commercial, service, and non-agricultural production purposes not exceeding 100 m³/day-night;

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.

3. Cases of wastewater discharge into water sources that do not require a permit as specified in Clause 5 Article 37 of the Water Resources Law include:

a) Domestic wastewater discharge from individuals and households;

b) Wastewater discharge from production, business, and service establishments with a scale not exceeding 5 m3/day-night and not containing toxic chemicals or radioactive substances;

c) Wastewater discharge from production, business, and service establishments not falling under Point b of this Clause into a centralized wastewater collection and treatment system that has been granted a wastewater discharge permit by the competent state authority and has an agreement or contract for wastewater treatment and disposal with the organization or individual managing and operating the centralized wastewater collection and treatment system;

d) Wastewater discharge from aquaculture with a scale not exceeding 10,000 m³/day-night or aquaculture on the sea, rivers, streams, reservoirs.

Article 17. Registration for Underground Water Extraction

1. Organizations and individuals extracting underground water as prescribed in Point a Clause 2 Article 16 of this Decree and those cases prescribed in Points a and d Clause 1 Article 44 of the Law on Water Resources, which are located within the areas specified in Points b, c, d, and đ Clause 4 Article 52 of the Law on Water Resources, must carry out registration for underground water extraction.

2. The provincial People's Committee shall organize the demarcation and announcement of areas requiring registration for underground water extraction; specify the specific authority to organize the registration for underground water extraction within its jurisdiction.

3. The Ministry of Natural Resources and Environment shall guide the demarcation of areas requiring registration for underground water extraction; specify the dossier, procedures, and formalities for registering underground water extraction.

Article 18. Principles for Issuing Permits

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

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

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

4. Not cause depletion or pollution of water sources when conducting exploration, extraction, utilization of water resources, and discharging wastewater into water sources.

5. Be consistent with approved water resource planning.

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) Approved water resource planning by competent authorities; in cases where there is no water resource planning, it must be based on the capacity of water sources and ensure that depletion or pollution of water sources does not occur;

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

d) Evaluation report of the competent state agency regarding the application for permission to explore, extract, utilize water resources, and discharge wastewater into water sources;

đ) Requirements for extraction, utilization of water, and discharge of wastewater reflected in the application for permission;

2. In cases of granting permission to discharge wastewater into water sources, in addition to the bases prescribed in Clause 1 of this Article, the following provisions must also be considered:

a) National technical standards and regulations on wastewater quality, quality of receiving water bodies; environmental protection requirements for wastewater discharge activities approved by competent state agencies;

b) Function of the water source;

c) Capacity of the water source to accept wastewater;

d) Sanitary protection zones around water intake areas, buffer zones protecting water sources;

3. In cases of granting permission to explore, extract, and utilize underground water, in addition to the bases prescribed in Clause 1 of this Article, the provisions of Clause 4 and Clause 5 Article 52 of the Law on Water Resources must also be considered.

Article 20. Conditions for Issuing Permits

Organizations and individuals granted water resource exploitation permits must meet the following conditions:

1. Have implemented notification and solicitation of opinions from community representatives, organizations, and individuals concerned in accordance with this Decree.

2. Have a project or report consistent with the approved water resource planning or consistent with the capacity of water sources and the capacity of water sources to accept wastewater if there is no water resource planning. The project or report must be prepared by an organization or individual possessing the required qualifications as stipulated by the Ministry of Natural Resources and Environment; information and data used to prepare the project or report must be complete, clear, accurate, and truthful.

The wastewater treatment plan reflected in the project or report for discharging wastewater into water sources must ensure that treated wastewater meets technical standards and regulations; the design plan or construction of water resource exploitation facilities must be appropriate to the scale and target of exploitation and meet the requirements for protecting water resources.

3. For cases of discharging wastewater into water sources, in addition to the conditions prescribed in Clauses 1 and 2 of this Article, the following additional conditions must also be met:

a) Possess equipment, manpower, or have a contract with another organization or individual with sufficient capability to operate the wastewater treatment system and monitor wastewater discharge activities in cases where there are existing wastewater discharge structures;

b) Have a plan to arrange equipment and manpower to operate the wastewater treatment system and monitor wastewater discharge activities in cases where there are no existing wastewater discharge structures;

c) For cases of discharging wastewater as prescribed in Point d Clause 1 Article 2 of this Decree, there must also be plans, means, and necessary equipment to respond to and mitigate water source pollution incidents and implement monitoring of wastewater discharge activities in accordance with regulations.

4. For cases of extracting and utilizing underground water at a scale of three thousand (3,000) cubic meters/day-night or more, in addition to the conditions prescribed in Clauses 1 and 2 of this Article, there must be equipment, manpower, or a contract with an organization or individual with sufficient capability to monitor and supervise water extraction activities in accordance with regulations; in cases where there are no structures, there must be a plan to arrange equipment and manpower to carry out monitoring and supervision of water extraction activities.³5. For cases of extracting and utilizing surface water involving the construction of reservoirs or dams on rivers or streams, in addition to meeting the requirements prescribed in Point b Clause 2 Article 53 of the Law on Water Resources, the conditions prescribed in Clauses 1 and 2 of this Article, and the following conditions must also be met:

a) Have a plan to arrange equipment and manpower to operate the reservoir, monitor, and supervise water extraction and utilization activities; a meteorological and hydrological monitoring plan, and an organization for forecasting water inflow to the reservoir to serve reservoir operation in accordance with regulations in cases where there are no structures;

b) Have a reservoir operation procedure; possess equipment, manpower, or have a contract with an organization or individual with sufficient capability to carry out reservoir operation, monitor, and supervise water extraction and utilization activities, meteorological and hydrological monitoring, and forecast water inflow to the reservoir to serve reservoir operation in accordance with regulations in cases where there are structures.

a) Permits for surface water and seawater extraction and utilization have a maximum term of fifteen (15) years and a minimum term of five (05) years, and may be extended multiple times, each extension being a minimum of three (03) years and a maximum of ten (10) years;

Article 21. Term of the Permit

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

b) Permits for underground water exploration have a term of two (02) years and may be extended once, with the extension period not exceeding one (01) year;

c) Permits for underground water extraction and utilization have a maximum term of ten (10) years and a minimum term of three (03) years, and may be extended multiple times, each extension being a minimum of two (02) years and a maximum of five (05) years;

c) The permit for exploiting and using underground water has a maximum term of ten (10) years and a minimum term of three (03) years, and may be extended multiple times, with each extension having a minimum term of two (02) years and a maximum term of five (05) years;

d) The discharge permit into water sources has a maximum validity period of ten (10) years and a minimum of three (03) years, and may be renewed multiple times, with each renewal having a minimum duration of two (02) years and a maximum of five (05) years.

In cases where organizations or individuals request issuance or renewal of the permit for a shorter period than the minimum stipulated in this Clause, the permit shall be issued or renewed 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 renewal of the permit submitted by organizations or individuals, the issuing authority shall determine the specific validity period of the permit.

Article 22. Extension of the Permit

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

a) The permit remains valid and the application for renewal of the permit is submitted at least ninety (90) 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 renewal of the permit, the organization's or individual's plan for exploitation, utilization of water resources, and discharge of wastewater into water sources is consistent with the water resource 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 engaged in exploration, exploitation, utilization of water resources, and discharge of wastewater into water sources must prepare 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) Site conditions do not allow construction of some components of the approved exploration project.

b) There are differences between the actual hydrogeological structure and the anticipated hydrogeological structure in the approved exploration project.

c) The volume of exploration work changes by more than 10% compared to 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) Water extraction causes subsidence, ground collapse, deformation of structures, intrusion of saltwater, depletion, or severe pollution of water sources.

đ) The actual amount of water extracted by the permit holder is less than seventy percent (70%) of the permitted amount over a continuous twelve (12) month period without notifying the issuing authority of the reasons.

e) The permit holder requests to amend the contents of the permit differently from the provisions of Clause 4 of this Article.

3. Cases for amending discharge permits into water sources:

a) The water source no longer has the capacity to accept wastewater.

b) The demand for wastewater discharge increases without measures to treat or mitigate it.

c) Emergency situations require limiting the discharge of wastewater into water sources.

d) Due to a change in the function of the water source.

đ) The permit holder requests to amend the contents of the permit differently from the provisions of Clause 4 of this Article.

4. Contents that cannot be amended in the permit:

a) The water source for exploitation and use; the water source accepting wastewater.

b) The amount of water exploited and used exceeds twenty-five percent (25%) of the amount specified in the issued permit.

c) The amount of wastewater discharged exceeds twenty-five percent (25%) of the amount specified in the issued permit.

d) Parameters, concentrations of pollutants, standards applied in the wastewater discharge permit, except when the issuing authority requires amendment or the permit holder requests to apply higher standards.

In cases requiring amendment of the contents stipulated in this Clause, the permit holder must prepare an application for issuance of a new permit.

5. When the permit holder requests to amend the permit, the permit holder must prepare an application for amending the permit in accordance with this Decree; if the issuing authority amends the permit, the issuing authority must notify the permit holder at least ninety (90) days in advance.

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) Transfer of rights to exploit water resources without approval from the competent authority issuing the permit.

c) Failure to fulfill financial obligations as prescribed.

d) Misusing the permit to organize activities contrary to the law.

2. Duration of suspension of the permit:

a) Not exceeding three (03) months for underground water exploration permits.

b) Not exceeding twelve (12) months for permits for exploitation, utilization of water resources, and discharge of wastewater into water sources.

3. During the 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) in accordance with 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 competent state authority decides to revoke the permit due to national defense, security reasons, or for the benefit of the nation or public interest.

e) The permit has been issued but the permit holder has not fulfilled financial obligations and accepted the permit.

2. In cases where the permit is revoked as provided in Points a and c of Clause 1 of this Article, the permit holder may only be considered for issuance of a new permit after three (03) years from the date of revocation, after fulfilling all relevant obligations related to the revocation of the old permit.

3. In cases where the permit is revoked as provided in Point d of Clause 1 of this Article, the competent state authority issuing the permit will consider issuing a new permit.

4. In cases where the permit is revoked as provided in Point đ of Clause 1 of this Article, the permit holder shall be compensated for losses and refunded the fee for granting the right to exploit water resources in accordance with 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. The permit terminates its effectiveness in the following cases:

a) The permit is revoked;

b) The permit has expired;

c) The permit has been returned.

3. When the permit terminates its effectiveness, all 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 changed due to transfer, merger, division, restructuring of the organization managing and operating the exploration, exploitation, utilization of water resources, and discharge of wastewater into water sources, but there is no 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) Underground water exploration for projects with a flow rate of three thousand (3,000) cubic meters per day and night or more;

c) Surface water exploitation and utilization for agricultural production and aquaculture with a flow rate of two (2) cubic meters or more.³/second or more;

d) Surface water exploitation and utilization for power generation with installed capacity of two thousand (2,000) kilowatts or more;

đ) Surface water exploitation and utilization for other purposes with a flow rate of fifty thousand (50,000) cubic meters or more.³/day-night or more;

e) Seawater exploitation and utilization for production, business, and service purposes with a flow rate of one hundred thousand (100,000) cubic meters or more.³/day-night or more;

g) Wastewater discharge with a flow rate of thirty thousand (30,000) cubic meters or more.³for aquaculture activities with a discharge rate of twenty-four (24) hours or more;

h) Discharge wastewater with a flow rate of three thousand (3,000) cubic meters or more for other activities;³for other activities with a discharge rate of twenty-four (24) hours or more.

2. The People's Committee of the province shall issue, extend, adjust, suspend the validity, revoke, and reissue permits for cases not specified in Clause 1 of this Article.

Article 29. Agencies Receiving and Managing Applications and Permits

Article 29. Authorities receiving and managing files and permits

1. The Water Resources Management Agency under the Ministry of Natural Resources and Environment shall be responsible for receiving, reviewing, and managing applications and permits within the scope of the Ministry of Natural Resources and Environment's licensing authority.

2. The Department of Natural Resources and Environment shall be responsible for receiving, reviewing, and managing applications and permits within the scope of the provincial People's Committee's licensing authority.

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

c) A copy of the previously issued permit.

3. The Ministry of Natural Resources and Environment shall specify the form of application, content of the project, and content of the report as stipulated in this Article.

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;

d) Results of water quality analysis not exceeding six (06) months from the date of submission of the application.

In cases where there is no existing underground water extraction facility, the application for a permit must be submitted during the investment preparation phase.

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.

b) Report on the current status of water extraction and use, and implementation of the permit. If the permit adjustment involves changes to the scale of the facility, number of wells, or extraction depth, then the water extraction plan must be clearly stated;

c) Results of water quality analysis not exceeding three (03) months from the date of submission of the application;

d) A copy of the previously issued permit.

3. The Ministry of Natural Resources and Environment shall specify the form of application, content of the report, and content of the project as stipulated in this Article.

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;

b) Project on water extraction and use for cases without existing facilities; report on the current status of water extraction and use accompanied by operational procedures for cases with existing facilities (if required to have operational procedures);

c) Results of water quality analysis not exceeding three (03) months from the date of submission of the application;

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) Report on the current status of water extraction and use, and implementation of the permit. If the permit adjustment involves changes to the scale of the facility, method, regime of water extraction and use, or operational procedures, then a water extraction project must be attached;

c) Results of water quality analysis not exceeding three (03) months from the date of submission of the application;

d) A copy of the previously issued permit.

3. The Ministry of Natural Resources and Environment shall specify the form of application, content of the report, and content of the project as stipulated in this Article.

Article 33. Documents for Issuing, Extending, and Adjusting Wastewater Discharge Permits into Water Sources

1. The application for issuing a wastewater discharge permit into water sources includes:

a) An application form for the permit;

b) Wastewater discharge project accompanied by the operation procedure of the wastewater treatment system for cases without wastewater discharge; report on the current status of wastewater discharge accompanied by the operation procedure of the wastewater treatment system for cases discharging wastewater into water sources;

c) Results of water quality analysis at the discharge point into water sources; results of wastewater quality analysis before and after treatment for cases discharging wastewater. The sampling time for water quality analysis does not exceed three (03) months from the date of submission of the application;

d) Diagram of the location of the wastewater discharge area.

In cases where there is no existing wastewater discharge facility into water sources, the application for a permit must be submitted during the investment preparation phase.

2. The application for extending or adjusting a wastewater discharge permit into water sources includes:

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) Results of wastewater quality analysis and water quality analysis at the discharge point into water sources. The sampling time for water quality analysis does not exceed three (03) months from the date of submission of the application;

c) Report on the current status of wastewater discharge and compliance with permit regulations. If the adjustment involves changes to the scale, method, or regime of wastewater discharge, or operational procedures, then a wastewater discharge project must be included.

d) A copy of the previously issued permit.

3. The Ministry of Natural Resources and Environment shall specify the form of application, content of the project, and content of the report as stipulated in this Article.

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

1. Application for reissuing a permit.

2. Documents proving the reasons for requesting reissuance of the permit.

3. The Ministry of Natural Resources and Environment shall prescribe the form of application stipulated in this Article.

Article 35. Procedures and Formalities for Issuing Exploration, Exploitation, Utilization of Water Resources and Discharge of Wastewater into Water Sources Permits

1. Receipt and Examination of Applications:

a) Organizations and individuals requesting permits submit two (02) sets of documents and pay the fee for reviewing the documents as prescribed by law to the agency receiving the documents. In cases within the authority of the Ministry of Natural Resources and Environment to issue permits, organizations and individuals requesting permits must also submit an additional one (01) set of documents to the Provincial Department of Natural Resources and Environment where the project is planned to be located.

b) Within ten (10) working days from the date of receipt of the documents, the agency receiving the documents shall be responsible for examining and checking the documents. If the documents are not valid, the agency receiving the documents shall notify the organization or individual requesting the permit to supplement and complete the documents according to the regulations.

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. Reviewing the project proposal, report on exploration, exploitation, utilization of water resources, and discharge of wastewater into water sources in the permit application (hereinafter referred to collectively as the project proposal, report):

a) Within thirty (30) working days from the date of receipt of all valid documents as prescribed in Clause 1 of this Article, the agency receiving the documents shall be responsible for reviewing the project proposal and report; if necessary, it shall conduct on-site inspections and establish a review committee for the project proposal and report. If the conditions for issuing the permit are met, the agency receiving the documents shall submit the case to the competent authority to issue the permit; if the conditions for issuing the permit are not met, it shall return the documents to the organization or individual requesting the permit and notify the reasons for not issuing the permit.

b) If supplementation and amendment are required to complete the project proposal and report, the agency receiving the documents shall send a notification letter to the organization or individual requesting the permit specifying the contents that need to be supplemented and completed in the project proposal and report. The time for supplementation, completion, or redrafting the project proposal and report does not count towards the review period for the project proposal and report. The review period after the project proposal and report have been supplemented and completed is twenty (20) working days.

c) If redrafting the project proposal and report is required, the agency receiving the documents shall send a notification letter to the organization or individual requesting the permit specifying the contents of the project proposal and report that do not meet the requirements and must be redrafted, and return the permit application documents.

3. Notification of the Outcome of the Permit Application Process

Within five (05) working days from the date of receipt of the permit from the competent authority, the agency receiving the documents shall notify the organization or individual requesting the permit to fulfill financial obligations and receive the permit.

Article 36. Procedures for Implementing Formalities for Extending, Amending, and Reissuing Water Resources Exploration, Exploitation, Utilization Permits and Discharge of Wastewater into Water Sources Permits

1. Receipt and Examination of Applications:

a) Organizations and individuals requesting extension, amendment, or reissuance of the permit (hereinafter referred to as organizations and individuals) submit two (02) sets of documents and pay the fee for reviewing the documents as prescribed by law to the agency receiving the documents. In cases within the authority of the Ministry of Natural Resources and Environment to issue permits, organizations and individuals must also submit an additional one (01) set of documents to the Provincial Department of Natural Resources and Environment where the project is planned to be located.

b) Within five (05) working days from the date of receipt of the documents, the agency receiving the documents shall be responsible for examining and checking the documents. If the documents are not valid, the agency receiving the documents shall notify the organization or individual to complete the documents according to 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 (25) working days from the date of receipt of all valid documents as prescribed in Clause 1 of this Article, the agency receiving the documents shall be responsible for reviewing the project proposal and report, if necessary conducting on-site inspections and establishing a review committee for the project proposal and report. If the conditions for extending or amending the permit are met, it shall submit the case to the competent authority to issue the permit. If the conditions for extending or amending the permit are not met, the agency receiving the documents shall return the documents to the organization or individual and notify the reasons for not extending or amending the permit.

b) If supplementation and amendment are required to complete the project proposal and report, the agency receiving the documents 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 for supplementation, completion, or redrafting the project proposal and report does not count towards the review period for the project proposal and report. The review period after the project proposal and report have been supplemented and completed is twenty (20) 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 (10) working days from the date of receipt of all valid documents as prescribed in Clause 1 of this Article, the agency receiving the documents shall be responsible for reviewing the documents, and if the conditions for reissuing the permit are met, it shall submit the case to the competent authority to issue the permit. If the conditions are not met, the agency receiving the documents shall return the documents to the organization or individual and notify the reasons.

4. Issuance of results of permit application processing:

Within five (05) working days from the date of receipt of the permit from the competent authority, the agency receiving the documents shall notify the organization or individual to fulfill financial obligations and receive the permit.

Article 37. Procedure for suspending water resources exploitation 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 suspension of the permit 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 completed all obligations as prescribed by law.

Article 38. Procedure for Revoking Water Resources Exploitation Permits

1. When conducting regular or surprise inspections of the implementation of permits, if violations as stipulated at Point a and Point b, Clause 1, Article 25 of this Decree are discovered, the inspection and supervision authority shall report in writing to the issuing authority; if violations as stipulated at Point c and Point d, Clause 1, Article 25 of this Decree are discovered, the inspection and supervision authority shall handle them within their jurisdiction and simultaneously report in writing to the issuing authority.

Within thirty (30) 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 stipulated at Point d, Clause 1, Article 25 of this Decree, the permit holder must be notified ninety (90) days in advance.

3. In cases where the permit is revoked according to the provisions at Point e, Clause 1, Article 25 of this Decree, within thirty (30) working days from the date of receipt of the report from the agency receiving and reviewing the application file, the issuing authority shall be responsible for considering the revocation of the permit.

Article 39. Transfer of Water Resources Exploitation Rights

1. Conditions for organizations and individuals transferring water resources exploitation rights:

a) As of the transfer date, the transferring organization or individual has completed basic construction work and put the exploitation works into operation.

b) As of the transfer date, the transferring organization or individual has fulfilled financial obligations as stipulated at Point d, Clause 2, Article 43 of the Water Resources Law and paid the full fee for granting exploitation rights as prescribed; there is no dispute regarding rights and obligations related to water resources exploitation activities.

c) The transferring organization or individual has submitted complete files to the receiving agency when the exploitation and utilization permit is still valid for at least one hundred twenty (120) days.

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

a) The transferee organization or individual meets the conditions stipulated in Article 20 of this Decree.

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

3. The transfer of water resources exploitation rights shall be evidenced by a contract between the transferring party and the transferee in accordance with civil law regulations and shall include the following main contents:

a) The current quantity, volume, value of exploitation works and infrastructure that have been invested in and constructed; the fulfillment of financial obligations by the transferring organization or individual up to the date of signing the transfer contract.

b) The responsibility of the transferee organization or individual to continue implementing unfinished tasks and obligations of the transferring organization or individual up to the transfer date.

4. The transfer dossier includes:

a) Application for transferring water resources exploitation rights.

b) Contract for transferring water resources exploitation rights.

c) Report on the results of water resources exploitation and the fulfillment of obligations up to the date of applying for the transfer of water resources exploitation rights.

d) A certified copy of the business registration certificate of the transferee organization or individual; in case the transferee is a foreign enterprise, it must also provide a certified copy of the decision establishing its representative office or branch in Vietnam.

5. Procedure for transferring:

a) The transferring organization or individual submits two (02) sets of files to the receiving agency.

Within five (05) working days from the date of receiving the files, the receiving agency is responsible for checking and accepting the files; if the files are incomplete or not compliant, the receiving agency returns the files and issues a document stating the reasons.

b) Within twenty (20) working days from the date of receiving the files, the receiving agency is responsible for examining and approving the files and submitting them to the competent authority issuing the permit for consideration and decision-making, and reissuing the exploitation and utilization permit to the transferee organization or individual. The validity period of the reissued permit will be equal to the remaining validity period of the previously issued permit.

If the transfer request is not approved by the competent authority issuing the permit, the transferring organization or individual may continue to implement the exploitation and utilization permit or return the exploitation and utilization permit.

6. Organizations and individuals transferring and receiving water resources exploitation rights must fulfill tax, fee, and charge obligations related to the transfer as prescribed by law.

Chapter IV

FINANCIAL MATTERS RELATING TO WATER RESOURCES

Article 40. Payment for Water Resource Exploitation Rights

1. Organizations and individuals who must pay for water resource exploitation rights as stipulated in Clause 1, Article 65 of the Law on Water Resources include those cases that require a permit for water resource exploitation and utilization and fall under the following circumstances:

a) Exploiting and using water for commercial power generation;

b) Exploiting surface water, groundwater, seawater for business, service, non-agricultural production activities;

c) Exploiting groundwater with a scale of 20 m³/day-night or more for planting industrial crops, raising livestock, aquaculture.

2. The Ministry of Natural Resources and Environment shall take the lead and coordinate with the Ministry of Finance to submit to the Government for the determination of the collection amount, calculation method, collection method, management and use regulations for payment for water resource exploitation rights.

Article 41. Funding for Basic Investigation Activities, Planning, and Protection of Water Resources

1. Funding for basic investigation activities, 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 to guide the management and use of funding for basic investigation activities, planning, management, and protection of water resources.

Chapter V

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

COORDINATION AND SUPERVISION ACTIVITIES

Article 42. Coordination and Supervision Activities in River Basins

1. Activities specified in Points a, b, c, and d of Clause 1, Article 72 of the Law on Water Resources.

2. Other activities requiring coordination and supervision in river basins as specified in Point e of Clause 1, Article 72 of the Law on Water Resources are detailed as follows:

a) Activities to restore and improve rivers, including:

- Restoring and conserving ecosystems, improving water quality;

- Developing wetlands and riparian ecological zones, removing obstacles from river flows;

- Supplementing water to depleted sources, constructing and upgrading wastewater treatment facilities;

- Reducing diffuse pollution in urban and rural areas; enhancing activities to prevent and mitigate water pollution incidents;

- Building water retention infrastructure to increase river flow, reinforce riverbanks, dredge riverbed sedimentation.

b) Landscape improvement activities and development of riverbank and lakeside areas, including:

- Developing recreational, festival, sports, and exercise areas along rivers;

- Restoring and developing historical, cultural, and tourism values along rivers.

Article 43. Content and Requirements for Coordination and Supervision Activities in River Basins

1. Coordination content includes directing and urging the cooperation of activities among ministries, sectors, localities, and related agencies and organizations in implementing the provisions of Article 42 of this Decree.

2. Supervision content includes monitoring and inspecting water resource exploitation and utilization activities, discharging wastewater into water sources, and organizing the implementation of measures to protect water resources, prevent, and mitigate adverse effects caused by water within the river basin scope.

3. Requirements for coordination activities:

a) Ensuring comprehensive, economical, and efficient exploitation and utilization of water resources to meet the requirements of water supply for people's livelihoods and socio-economic development; protecting water resources, preventing, and mitigating adverse effects 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 serve the coordination of water resource exploitation, utilization, protection activities, prevention, and mitigation of adverse effects caused by water as stipulated in Article 42 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 44. 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 that require coordination and supervision as stipulated in Article 42 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 system to monitor water resource exploitation, utilization, and wastewater discharge into water sources for 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 45. Responsibilities of Provincial People's Committees

1. To develop, approve, and organize the implementation of plans for water resource regulation and distribution; programs and plans for river improvement and restoration of 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 system to monitor water resource exploitation, utilization, and wastewater discharge into water sources for 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 of Article 44 of this Decree.

Article 46. 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 water resource exploitation, utilization, protection, prevention, and mitigation 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 water resource exploitation, utilization, protection, prevention, and mitigation of damage caused by water to be consistent with water resource regulation and distribution plans, river improvement programs, and restoration of polluted and depleted water sources in river basins, and to ensure the maintenance of minimum flow rates as announced.

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

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

Chapter VI

IMPLEMENTING PROVISIONS

Article 47. Transitional Provisions

1. Organizations and individuals who have been granted permits under the Water Resources Law No. 08/1998/QH10 shall comply with the provisions of Article 77 of the Water Resources Law No. 17/2012/QH13.

2. For permit application files received by competent authorities before the effective date of this Decree, they shall continue to be processed based on the principle that organizations and individuals must fulfill their obligations as prescribed by the Water Resources Law No. 17/2012/QH13.

3. Organizations and individuals falling under the provisions of Article 40 of this Decree shall be obligated to pay for the right to exploit water resources from January 1, 2013.

Article 48. Effective Date

This Decree takes effect from February 1, 2014.

Decrees No. 179/1999/NĐ-CP dated December 30, 1999 guiding the implementation of the Water Resources Law; No. 149/2004/NĐ-CP dated July 27, 2004 on issuing water resource permits and Clause 2 of Decree No. 38/2011/NĐ-CP dated May 26, 2011 amending and supplementing certain provisions on administrative procedures of Decree No. 181/2004/NĐ-CP dated October 29, 2004, No. 149/2004/NĐ-CP dated July 27, 2004, and No. 160/2005/NĐ-CP dated December 27, 2005 shall cease to be effective from the date this Decree takes effect.

To abolish the provisions of Decree No. 112/2008/NĐ-CP dated October 20, 2008 on managing, protecting, and comprehensively exploiting environmental resources of hydropower and irrigation reservoirs and Decree No. 120/2008/NĐ-CP dated December 1, 2008 on managing river basins contrary to the provisions of the Water Resources Law No. 17/2012/QH13 and this Decree.

Article 49. Responsibility for Implementation

1. The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant ministries and sectors in guiding the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairpersons of provincial and centrally-run city people's committees, and related organizations and individuals are responsible for implementing this Decree./.