Decree No. 23/2026/NĐ-CP Amending and Supplementing Certain Articles of Decrees in the Field of Water Resources

DECREE

Amending and supplementing certain articles of decrees in the field of water resources

Pursuant to Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Local Administration Organization No. 72/2025/QH15;

Pursuant to the Water Resources Law No. 28/2023/QH15;

Pursuant to the Law amending and supplementing certain articles of fifteen laws in the fields of agriculture and environment No. 146/2025/QH15;

At the proposal of the Minister of Agriculture and Rural Development;

The Government promulgates this Decree amending and supplementing certain articles of decrees in the field of water resources.

Article 1. Amending and supplementing certain articles of Decree No. 53/2024/NĐ-CP dated May 16, 2024 of the Government detailing certain provisions of the Water Resources Law

1. Amending and supplementing Article 1 as follows:

“Article 1. Scope of Regulation

This Decree details Article 7, Clause 5 of Article 9, Article 10, Clause 5 of Article 17, Article 19, Clause 9 of Article 23, Article 30, Clause 5 of Article 31, Article 35, Clause 3 of Article 37, Clause 10 of Article 38, Clause 3 of Article 51, Clause 10 of Article 63, Clause 6 of Article 66, Clause 5 of Article 71, Clause 5 of Article 81 of the Water Resources Law concerning the National Water Resources Information System and Database; basic investigation activities on water resources; organization of basic investigation activities on water resources; contents and procedures for establishing, reviewing, approving, and adjusting comprehensive water resources planning and infrastructure development in inter-provincial river basins; list of inter-provincial river basins that must have planning established; water source protection zones; determination of the scope of water source protection zones; water sources required to be marked with boundary markers for water source protection zones and procedures for marking such boundary markers; groundwater extraction thresholds; delineation, announcement, and adjustment of areas prohibited or restricted from groundwater extraction; regulation and distribution of water resources; transferring water between river basins; procedures, formalities, authorities for approving content related to water transfer plans; operation procedures for reservoirs and interconnected reservoir systems; subjects, scale, regime, monitoring parameters, quality indicators, and implementation timelines for water resource exploitation, utilization, and protection activities, as well as prevention and mitigation of water-related hazards; organization and activities of river basin management organizations.”

2. Supplementing Article 10a before Article 10 as follows:

"Article 10a. Contents of Comprehensive Planning for Water Resources and Irrigation Infrastructure in Inter-Provincial River Basins

Comprehensive planning for water resources and irrigation infrastructure in inter-provincial river basins includes the following main contents:

1. Analysis and assessment of natural conditions, socio-economic status, and relevant economic and social development directions; current status of water resource management, protection, regulation, distribution, recovery, development, and utilization; prevention and mitigation of water-related hazards; evaluation of current water extraction and utilization by hydropower dams, irrigation works, water regulation and storage facilities, water resource development projects, and other water utilization facilities; evaluation of flood, inundation, drought, water shortage, pollution, degradation, and saline intrusion situations and other issues related to water resources.

2. Forecast trends in quantity and quality changes of water resources and water demand for various sectors in planned regions and sub-regions; zoning of water functions; areas frequently or at risk of drought and water shortage; allowable extraction volumes for each river section and area, aquifer layer; minimum flow rates in rivers and streams; forecasting scientific and technological progress and direct impacts on irrigation; identification of issues to be addressed during the planning period.

3. Evaluation of sectoral and regional linkages; determination of requirements for economic and social development, opportunities and challenges for water resources and irrigation infrastructure.

4. Determination of planning viewpoints and objectives.

5. Measures for regulating, distributing, protecting water resources, and preventing and mitigating water-related hazards include:

a) Distribution of water volumes and priority order for regulating and distributing water resources during droughts and water shortages among sectors, localities, and users of water resources; identification of water sources and backup facilities for supplying domestic water; water transfer between river basins (if applicable);

b) Engineering measures for regulating, distributing, adjusting, storing, developing water resources, extracting, and utilizing water resources; drainage and flood control engineering works;

c) Non-engineering measures for regulating, distributing, adjusting, storing, developing water resources, extracting, and utilizing water resources, drainage, and flood control; determination of water resource monitoring networks for inter-provincial surface water sources, transnational surface water sources, and underground water sources within river basins;

d) Orientation for land use planning for irrigation infrastructure development;

đ) Other specific contents particular to each river basin.

6. Funding, implementation plan, and supervision of the implementation of the plan."

"Article 10. Point calculation for urban classification

"Article 10. General Provisions on Establishing, Reviewing, Approving Comprehensive Planning for Water Resources and Irrigation Infrastructure in Inter-Provincial River Basins

1. The Minister of Agriculture and Rural Development shall establish a Steering Committee for Drafting Frameworks for Comprehensive Planning for Water Resources and Irrigation Infrastructure in Inter-Provincial River Basins (hereinafter referred to as the planning), a Planning Review Committee, and designate a subordinate agency as the permanent body of the Planning Review Committee.

2. The Minister of Agriculture and Rural Development shall assign the planning establishment agency to carry out the planning. The planning establishment agency shall organize the construction or hire consulting units to construct the planning framework and conduct the planning.

3. Costs for establishing, reviewing, approving, announcing, reviewing, and adjusting the planning shall be implemented in accordance with the law on planning."

4. Amending and supplementing some clauses of Article 11 as follows:

a) Amend and supplement Clause 2 as follows:

"2. The Ministry of Agriculture and Rural Development shall organize the review of the planning framework through a meeting of the review committee or by soliciting opinions from members of the review committee in writing.

a) In case the appraisal board convenes a meeting, the appraisal session shall be conducted with the presence of the Chairman or Vice-Chairman of the Appraisal Board, representatives of the permanent office of the Appraisal Board, and representatives of the agency drafting the plan. Members who cannot attend the Appraisal Board meeting must submit their appraisal opinions in writing to the permanent office of the Appraisal Board within the latest three working days from the date of the Appraisal Board meeting;

b) In case the appraisal is conducted through soliciting written opinions, members of the Appraisal Board are responsible for submitting their appraisal opinions to the permanent office of the Appraisal Board.”

b) Amend and supplement Clause 5 as follows:

“5. The main contents of the framework for preparing the integrated water resources and irrigation infrastructure planning for inter-provincial river basins shall be implemented in accordance with Clause 1, Article 15 of the Water Resources Law.”

5. Amending and supplementing Clause 3 of Article 12 as follows:

“3. The approval decision on the framework for preparing the planning shall include the following main contents:

a) Name of the planning, period of planning, scope of planning;

b) Requirements regarding viewpoints, objectives, principles of planning;

c) Requirements regarding contents, methods of planning; time limit for planning;

d) Provisions regarding components, quantity, and standards, requirements for system diagrams, maps, information data (if any);

đ) Budget for planning;

e) Organization implementing.”

"1. Annually, the National Target Program on Education and Training shall allocate a portion of its budget to support short-term vocational training for disabled persons. The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with relevant agencies to arrange and guide the implementation of the budget allocated for short-term vocational training for disabled persons within the annual vocational training budget."

“1. Based on the approved framework for preparing the planning, the agency drafting the planning shall develop the contents of the integrated water resources and irrigation infrastructure planning for inter-provincial river basins in accordance with this Decree and complete the planning dossier in accordance with Clause 2 of this Article.

The agency drafting the planning shall organize the preparation of the strategic environmental assessment report in accordance with the laws on environmental protection. The strategic environmental assessment report must be prepared and appraised simultaneously with the process of preparing and appraising the planning.”

7. Amend and supplement Point d, Clause 2, Article 14 as follows:

“d) Organizations and individuals exploiting and using large-scale water include: reservoirs, water storage works, water resource development projects with annual or multi-year regulation capacity; water regulation and exploitation works affecting inter-regional, inter-provincial areas or having significant impacts on water sources.”

8. Amend and supplement Point c, Clause 1, Article 15 as follows:

“c) Other members of the Appraisal Board include representatives of the Ministries of Finance, Construction, Industry and Trade, Culture, Sports and Tourism; representatives of the permanent office of the Appraisal Board; representatives of river basin organizations (if any); representatives of provincial People's Committees within the planning scope, experts on water resources, other agencies and units related to the matter decided by the Minister of Agriculture and Rural Development.”

The Appraisal Board shall have at least three members as independent reviewers, including one independent reviewer representing the agency conducting the strategic environmental assessment according to the laws on environmental protection.”

9. Amend and supplement Article 16 as follows:

“Article 16. Contents of Planning Appraisal

The contents of the appraisal of the integrated water resources and irrigation infrastructure planning for inter-provincial river basins include the following:

1. Compliance with the approved framework for preparing the planning, compliance with the provisions of the law on planning and other relevant laws.

2. Consistency and synchronization with water resources, irrigation, and flood control planning; other sectoral planning; regional planning, provincial planning related to the matter.

3. Compliance of the planning with the contents stipulated in Article 10a of this Decree.

4. Content of the strategic environmental assessment appraisal according to the laws on environmental protection.”

10. Amend and supplement Article 17 as follows:

“Article 17. Organization of Planning Review

1. The agency drafting the plan shall submit the Planning Review File to the members of the Planning Review Council through the permanent office of the Planning Review Council.

2. The Planning Review File includes the planning file specified in Clause 2, Article 13 of this Decree that has been revised according to comments received, accompanied by a summary of adopted comments, explanations of comments, and copies of comments from agencies, organizations, and individuals.

3. The Ministry of Agriculture and Rural Development shall organize the review of the plan in the form of a council meeting or by collecting written opinions of the Planning Review Council members. The review period is 22 working days, starting from the date when all required files are received as stipulated in Clause 2 of this Article.

a) In the case of organizing a Planning Review Council meeting, the review meeting shall be held with the presence of the Chairman or Vice-Chairman of the Council and at least two reviewing members, including one reviewing member representing the agency responsible for strategic environmental assessment, the permanent office of the Planning Review Council, and representatives of the agency drafting the plan. Members who cannot attend the Planning Review Council meeting must submit their written opinions to the permanent office of the Council within the latest three working days from the date of the meeting.

b) In the case of organizing the review in the form of collecting written opinions, Planning Review Council members are responsible for submitting their opinions to the permanent office of the Council.

4. Completing the planning file after the Planning Review Council:

a) In the case where the plan is approved by the Planning Review Council or approved with revisions, within thirty days from the date of receiving the report on the results of the plan review, the agency drafting the plan is responsible for completing the file and sending it to the permanent office of the Planning Review Council for comments before reporting to the Minister of Agriculture and Rural Development for consideration and approval;

b) In the case where the plan is not approved by the Planning Review Council, within ninety days from the date of receiving the report on the results of the plan review, the agency drafting the plan is responsible for revising and resubmitting the file to the permanent office of the Planning Review Council for the Minister of Agriculture and Rural Development to organize another review according to the procedures set forth in this Decree.”

11. Amend and supplement some points and clauses of Article 18 as follows:

a) Amend Clause 1 as follows:

“1. The Minister of Agriculture and Rural Development approves the integrated water resources and irrigation infrastructure planning for inter-provincial river basins.”

b) Amend point b of Clause 2 as follows:

“b) Draft Decision of the Minister of Agriculture and Rural Development approving the plan, mainly including: planning period, scope, objects of planning, viewpoints, objectives, contents of planning, implementation measures, implementation costs, and organization of implementation;”

c) Amend point c of Clause 2 as follows:

“c) Report on the results of the review; report on the adoption and explanation of the Planning Review Council's opinions;”

d) Amend point h of Clause 2 as follows:

“h) Strategic Environmental Assessment report in accordance with laws on environmental protection.”

12. Amend and supplement Article 19 as follows:

Article 19. Procedures and formalities for adjusting integrated water resources and irrigation infrastructure planning for inter-provincial river basins

1. In the case of reviewing and adjusting the integrated water resources and irrigation infrastructure planning for inter-provincial river basins as provided for in points a, b, and c of Clause 2 of Article 19 of the Water Resources Law, the process of soliciting opinions, reviewing, and approving adjustments to the plan shall be carried out like the process of drafting the plan.

2. In the case of a request from a ministry, equivalent ministry, or provincial People's Committee as provided for in Clause 2 of Article 19 of the Water Resources Law, the following shall be implemented:

a) The requesting agency shall submit the adjustment proposal file to the Ministry of Agriculture and Rural Development for review. The adjustment proposal file includes: the adjustment proposal document; detailed report on the adjustment proposal; other relevant documents (if any).

The detailed report on the adjustment proposal must provide clear arguments and explanations about the basis, scale, and scope of the proposed adjustment; explain and include related information and data to support the content of the proposed adjustment.

b) The Ministry of Agriculture and Rural Development shall organize the collection of opinions from ministries, equivalent ministries, river basin organizations (if any), and relevant localities in accordance with Clause 2 of Article 14 of this Decree regarding the adjustment proposal file. If necessary, the Ministry of Agriculture and Rural Development may collect opinions from certain experts or hold meetings with relevant agencies, units, and experts to provide comments before making decisions on adjustments.

Agencies, organizations, and individuals whose opinions are sought are responsible for responding in writing within thirty days from the date of receipt of the opinion solicitation document.

c) Based on the opinions of ministries, equivalent ministries, river basin organizations (if any), and relevant localities, the Ministry of Agriculture and Rural Development shall compile these opinions and issue a document requesting the proposing agency to supplement and complete the file.

Within thirty days from the date of receipt of the document requesting supplementation and completion, the proposing agency shall complete the file and submit it to the Ministry of Agriculture and Rural Development for consideration and approval.

d) The Minister of Agriculture and Rural Development shall approve the adjustment of the integrated water resources and irrigation infrastructure planning for inter-provincial river basins.”

13. Amend and supplement Clause 15 of Article 20 as follows:

“15. North Central Coastal River Basin.”

14. Amend and supplement point c of Clause 3 of Article 21 as follows:

“c) Rivers, streams, canals, ditches, creeks linking communes, provinces serving as drainage channels for urban areas, concentrated residential areas, industrial zones, and clusters.”

15. Amend and supplement Clause 5 of Article 24 as follows:

“5. In cases where rivers, streams, canals, and ditches have been banked or do not meet the minimum scope prescribed in Clauses 1, 2, and 3 of this Article, the provincial People's Committee shall consider and decide on the scope of the water source protection zone.”

16. Amend and supplement some points of Clause 3 of Article 26 as follows:

a) Amendments and supplements to Point a Clause 3 as follows:

"a) Pursuant to the provisions of Article 21 and Article 22 of this Decree, the Department of Agriculture and Environment shall take the lead and coordinate with the People's Committee of communes, wards, and special administrative zones (hereinafter referred to collectively as the People's Committee of communes) to establish the List of water sources requiring establishment of protective zones within their respective jurisdictions, seek opinions from the Department of Industry and Trade, the Department of Construction, and other relevant departments before submitting for approval by the Provincial People's Committee;"

The documents submitted for soliciting opinions shall include: draft Resolution; draft Decision approving the List of water sources requiring establishment of protective zones, and other related documents.

The draft Resolution must include the following main contents: explanation on the selection of water sources requiring establishment of protective zones; basis for determining the functions of each protective zone; process of organizing the establishment of the List.

The agencies and organizations solicited for opinions shall be responsible for studying the documents and replying in writing within twenty days from the date of receipt of the solicitation letter.

b) Amend and supplement Point c of Clause 3 as follows:"

"c) Within fifteen days from the date of approval, the Department of Agriculture and Environment shall be responsible for publishing the List of water sources requiring establishment of protective zones through mass media and uploading it on the Department of Agriculture and Environment’s electronic portal; the People's Committee of communes shall be responsible for uploading it on the commune’s electronic portal and publicly posting it at the commune office where the water source requiring establishment of protective zones is located."

17. Amend and supplement some Clauses of Article 28 as follows:

a) Amend and supplement Clause 4 as follows:

"4. The procedures and formalities for reviewing and approving the plan for setting boundary markers of protective zones for water sources of hydropower reservoirs are stipulated as follows:"

a) Receiving and checking the dossier:

The management and operation organization of the reservoir shall submit one copy of the plan for setting boundary markers of protective zones directly to the One-stop Service Center of the provincial level or via postal services according to the Government Prime Minister's regulations, via hired postal services of enterprises or individuals (hereinafter referred to as postal services), or via authorization according to the law, or online at the National Public Service Portal.

The agency receiving the dossier shall be responsible for examining and checking the accuracy and completeness of the plan. In cases of online submission, the time for receiving and checking shall be carried out according to the laws on administrative procedures; in cases of direct submission or via postal services, the time for receiving and checking shall be within one working day.

If the plan is incomplete or inaccurate according to the regulations, the receiving agency shall guide the representative of the organization to supplement and complete the plan and clearly inform the reasons to the organization. If the plan is valid, the receiving agency shall transfer the plan to the Department of Agriculture and Environment for review.

b) Reviewing the plan for setting boundary markers of protective zones for water sources of hydropower reservoirs:

Within twenty-eight working days from the date of receipt of the plan meeting the required conditions, the Department of Agriculture and Environment shall be responsible for seeking opinions from the Department of Industry and Trade, the People's Committee of communes where the reservoir is located, and other relevant agencies; if necessary, organize on-site inspections and request the Provincial People's Committee to establish a Review Board for the plan for setting boundary markers of protective zones for water sources of the reservoir.

Within five working days, the agencies solicited for opinions shall be responsible for replying in writing to the Department of Agriculture and Environment. The Department of Agriculture and Environment shall be responsible for compiling the opinions and sending them to the management and operation organization of the reservoir to complete. The management and operation organization of the reservoir shall be responsible for absorbing and explaining the opinions, completing the dossier. The time for supplementing and completing the plan shall not be counted towards the review period.

If the conditions are met, the Department of Agriculture and Environment shall submit the plan for setting boundary markers for approval by the Provincial People's Committee; if the conditions are not met, return the plan to the management and operation organization of the reservoir and notify the reasons in writing to the management and operation organization of the reservoir."

b) Amend and supplement Clause 5 as follows:

"5. Based on the approved plan for setting boundary markers, the management and operation organization of the hydropower reservoir shall take the lead and coordinate with the People's Committee of communes where the hydropower reservoir is located to implement the setting of boundary markers on site; hand over the boundary markers to the Provincial People's Committee where the reservoir is located for management and protection."

The Provincial People's Committee shall hand over the boundary markers to the People's Committee of communes where the hydropower reservoir is located for management and protection.

The management and operation organization of the hydropower reservoir shall be responsible for coordinating with the People's Committee of communes where the boundary markers are located to periodically or urgently review the status of the boundary markers to promptly detect, repair, or replace them. In case the boundary markers are lost or damaged, the People's Committee of communes where the boundary markers are lost or damaged shall notify the management and operation organization of the hydropower reservoir to replace them. Within thirty days from the date of receipt of the notification, the management and operation organization of the reservoir shall complete the replacement and report the results to the People's Committee of communes.

18. Amend and supplement Article 32 as follows:

"Article 32. Determination of Groundwater Extraction Thresholds"

"1. Groundwater extraction thresholds are reflected through the limits on the amount of water that can be extracted from each aquifer layer in each area and are calculated based on the extraction depth limits of the aquifer layers stipulated in Clause 2 of this Article."

Groundwater extraction thresholds are specified in comprehensive water resources planning and irrigation infrastructure planning for inter-provincial river basins. In cases where the planning has been approved but does not specify groundwater extraction thresholds, they shall be reviewed, updated, and supplemented when adjusting the planning.

"2. The extraction depth limit of the aquifer layer is measured from the ground surface around the well to half the thickness of the unconfined aquifer layer or to the top of the confined aquifer layer, but shall not exceed the following limits:"

"a) For unconfined aquifer layers in areas belonging to the Red River Delta region, it shall not exceed 35 meters;"

"b) For unconfined aquifer layers in the Southeast region, it shall not exceed 40 meters, and in the Mekong Delta region, it shall not exceed 35 meters;"

c) For aquifer layers in areas not specified in points a and b of this clause, the hole size shall not exceed 30 meters;

d) For aquifer layers in basalt rocks in regions in the Central Highlands and other regions, the crack size shall not exceed 50 meters.

3. Based on the current status of water resources, characteristics of aquifer layers in the exploitation area, and requirements for managing and protecting underground water resources, during the process of issuing underground water extraction permits, the competent authority shall consider and decide on the maximum allowable dynamic water level to be stipulated in the underground water extraction permit. Specifically, for karst aquifers in provinces and cities in the Red River Delta, Southeast Region, and Mekong Delta, the limit shall not exceed the levels prescribed in points a and b of Clause 2 of this Article.”

19. Amend and supplement the name of Article 38 and add Clause 7 to Article 38 as follows:

a) Amend and supplement the name of Article 38 as follows:

"Article 38. Approval and adjustment of restricted and prohibited zones for underground water extraction and implementation plans and schedules for such restrictions and prohibitions."”;

b) Add Clause 7 after Clause 6 as follows:

"7. The review and adjustment of restricted and prohibited zones for underground water extraction shall be carried out according to the approved Underground Water Protection Plan. The adjustment of restricted and prohibited zones for underground water extraction shall be conducted in accordance with the provisions of Clauses 1, 2, 3, 4, 5, and 6 of this Article."

20. Amend and supplement Clause 3 of Article 41 as follows:

"3. The water resource scenarios for river basins shall be published annually, depending on the meteorological and hydrological characteristics and water extraction and usage conditions in each river basin. The Ministry of Agriculture and Rural Development shall determine the timing for publishing water resource scenarios, their contents as stipulated in Clause 4 of this Article, and the seasonal or annual publication periods for water resource scenarios in river basins based on the published water resource scenarios.

Based on the published water resource scenarios, the current status of water resources, water demand, and meteorological and hydrological trends, the Ministry of Agriculture and Rural Development shall decide on updating the water resource scenarios."

21. Amend and supplement some clauses of Article 44 as follows:

a) Amend and supplement Clause 2 as follows:

"2. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with ministries, agencies at the ministerial level, provincial People's Committees, river basin organizations (if any), and relevant agencies and organizations within river basins to develop and update water resource allocation and distribution plans corresponding to the state of water resources and changes in the state of water resources when there are forecasts and warnings of widespread droughts and water shortages in river basins.

The Ministry of Industry and Trade, the Ministry of Construction, relevant ministries, agencies at the ministerial level, and provincial People's Committees within river basins shall be responsible for directing the provision and updating of information about the current status and forecasted demand for water extraction and usage in their respective sectors and fields to the Ministry of Agriculture and Rural Development for the development and updating of water resource allocation and distribution plans in river basins.

In case of droughts and water shortages, depending on the severity of the droughts and water shortages, the water resource allocation and distribution plans will be updated to serve as the basis for ministries, sectors, and provincial People's Committees to implement these plans.

In case of severe droughts and water shortages in specific areas within a province, the People's Committee of that province shall declare the drought and water shortage situation and implement response measures.

In case of widespread severe droughts and water shortages affecting multiple river basins, the Ministry of Agriculture and Rural Development shall report to the Prime Minister for consideration and declaration of the drought and water shortage situation and decision on water resource allocation and distribution plans."

b) Add Clause 2a after Clause 2 as follows:

"2a. Provincial People's Committees shall organize the development and updating of response plans for each state of water scarcity in areas where localized droughts and water shortages are forecasted and warned. The main contents of the response plans shall be as prescribed in point c of Clause 3 of this Decree."

22. Amend and supplement Article 45 as follows:

“Article 45. Responsibilities for building, adjusting, and implementing water resource allocation plans

Article 5. Responsibilities

a) To take the lead in coordinating with ministries, ministerial-level agencies, provincial People's Committees, river basin organizations (if any), and relevant organizations and individuals to build, update, and publish water source scenarios; organize the construction, adjustment, and implementation of water resource allocation plans in river basins.

To take the lead in reporting to the Prime Minister for consideration and decision on water resource allocation plans in cases of widespread severe droughts and water shortages across multiple river basins;

b) To warn about droughts, water shortages, saline intrusion, and provide overall guidance on the exploitation and use of water in river basins where water source scenarios have been published;

c) To direct specialized agencies responsible for providing information and data on: meteorology, hydrology, temperature, extreme weather phenomena, meteorological and hydrological forecasts in river basins and sub-basins; water level, flow rate, salinity monitoring data at dedicated meteorological and hydrological stations; water demand for agricultural production in each month in river basins; periods of increased water use; irrigation areas; regions frequently affected by droughts and water shortages, times of water shortages; requirements for water levels and flow rates at control points; operation data of reservoirs under management capable of regulating annual and multi-year water supply;

d) The Ministry of Agriculture and Rural Development sends documents requesting other ministries, ministerial-level agencies, and localities to cooperate in providing the information and data specified in this Article for compilation and calculation to serve the construction and updating of water source scenarios and water resource allocation plans;

đ) To implement planning for the exploitation and use of water resources for projects and systems within its jurisdiction in accordance with published water source scenarios;

e) Based on water source scenarios and the ability of water regulation and supply from water conservancy works and hydropower reservoirs, to coordinate with localities to review and determine areas that can proactively secure water sources, areas at high risk of droughts, water shortages, and saline intrusion; to guide the transition to suitable crops and production methods to minimize damage from droughts and water shortages;

g) To fulfill other responsibilities stipulated in Articles 35 and 36 of the Water Resources Law.

2. Ministries of Industry and Trade, Construction, Culture, Sports and Tourism, and other ministerial-level agencies within their respective duties and powers shall cooperate with the Ministry of Agriculture and Rural Development in the construction, adjustment, and implementation of water resource allocation plans in river basins; to direct specialized agencies to perform the responsibilities of ministries and ministerial-level agencies as prescribed in points đ and g of Clause 1 of this Article and the following responsibilities:

a) The Ministry of Industry and Trade directs specialized units to calculate and propose flexible operation of large hydropower reservoirs in line with published water source scenarios; to review and adjust the power generation structure to ensure compatibility with water conditions and capabilities;

At the same time, to direct the provision of information and data on water usage plans, operation data of multi-year regulating hydropower reservoirs under management; water level and flow rate monitoring data at dedicated meteorological and hydrological stations;

b) The Ministry of Construction directs management and operation units of large water treatment plants to review and enhance water extraction capacity and efficiency in line with water conditions in river basins and published water source scenarios;

At the same time, to direct the provision of information and data on water extraction plans, operation data of water supply facilities under management; to provide information and data on water level requirements for inland waterway transportation;

c) The Ministry of Culture, Sports and Tourism directs the provision of information and data on water needs for cultural and tourism activities;

3. Provincial People's Committees within their respective duties and powers shall cooperate with the Ministry of Agriculture and Rural Development, ministries, ministerial-level agencies, and localities in the construction, adjustment, and implementation of water resource allocation plans in river basins; to direct specialized agencies to perform the responsibilities as prescribed in points đ and g of Clause 1 of this Article and the following responsibilities:

a) To direct the effective operation of water extraction and utilization works, water storage works to proactively secure water supply to meet minimum water demand during water shortages;

b) In case the current status and forecast of water sources in river basins are normal, to proactively organize the development of water extraction and utilization plans in the province in line with published water source scenarios;

c) In case the current status and forecast of water sources in river basins indicate water shortages or severe water shortages, to review and reduce cultivated areas, transition crop structures, and livestock, limit water distribution for water-intensive and non-essential activities according to authority; to decide on the use of surface water, groundwater, and emergency water supply facilities in the area;

d) To direct the provision of information on water demand for agricultural production and domestic water supply in each month in river basins; periods of increased water use; irrigation areas; water supply range of reservoirs capable of annual and multi-year regulation; regions frequently affected by droughts and water shortages, times of water shortages; requirements for water levels and flow rates at control points; operation data of reservoirs under management capable of annual and multi-year regulation; water level, flow rate, and salinity monitoring data at dedicated meteorological and hydrological stations.

4. Organizations and individuals managing and operating water exploitation and utilization facilities shall cooperate with the Ministry of Agriculture and Rural Development, relevant ministries, ministerial-level agencies, and localities in the construction, adjustment, and implementation of plans for regulating and distributing water resources in river basins; fulfill responsibilities as stipulated at Points d, e, and g Clause 1 of this Article and provide information to serve the regulation and distribution of water resources, including: the current status and demand for water exploitation and utilization of the facility; the current water storage status in reservoirs under their management jurisdiction and other related information and data.

5. The information and data from ministries, ministerial-level agencies, localities, and organizations and individuals as prescribed in this Article shall be submitted to the Ministry of Agriculture and Rural Development for consolidation and calculation to serve the development of water resource scenarios and plans for regulating and distributing water resources.

During the period when the National Water Resources Information System and Database have not been completed, the provision of information and data as prescribed in this point shall be carried out through one of the following methods: sending via the national electronic document transmission system; direct sending and receiving; sending via postal service; sending and receiving via email system.”

23. Amend and supplement Clause 3 of Article 47 as follows:

“3. The Minister of Agriculture and Rural Development shall approve the content regarding the water transfer plan for projects as prescribed in Clause 1 of this Article.”

24. Amend and supplement Clause 4 of Article 48 as follows:

“4. Other legal and technical documents related to the project (if any).”

25. Amend and supplement some clauses of Article 49 as follows:

a) Amend and supplement Clause 1 as follows:

“1. Receiving and examining the dossier:

a) Organizations and individuals proposing water transfer projects shall submit one set of dossier directly at the Single Window for Administrative Procedures of the Ministry of Agriculture and Rural Development or through postal services or online at the National Public Service Portal in accordance with the provisions of the law or through authorization as prescribed by law;

b) The agency receiving the dossier shall be responsible for reviewing and checking the accuracy and completeness of the dossier. In cases of online submission, the time for receipt and examination shall be carried out in accordance with the regulations on administrative procedures; in cases of direct submission or through postal services, the receipt and examination shall be completed within one working day.

If the dossier is incomplete or inaccurate according to the regulations, the agency receiving the dossier shall guide the representative of the organization or individual to supplement and complete the dossier and clearly inform the reasons to the organization or individual. If the dossier is valid, the agency receiving it shall transfer the dossier to the specialized agency for water resources for review.”

b) Amend and supplement Clause 2 as follows:

“2. Reviewing the Report Proposing the Water Transfer Plan:

a) Within twenty-six working days from the date of receiving a valid dossier as prescribed in Clause 1 of this Article, the reviewing agency shall be responsible for reviewing the contents regarding the scale and water transfer plan, seeking opinions from relevant localities and river basin organizations (if any); if necessary, seeking opinions from related agencies, organizations, and individuals, conducting on-site inspections, and establishing a review committee for the contents regarding the scale and water transfer plan. The contents of the review are stipulated in Clause 3 of this Article.

In cases where water transfer involves international treaties, international agreements, or international factors, the Ministry of Agriculture and Rural Development shall be responsible for seeking opinions from the Ministry of Foreign Affairs and related ministries and ministerial-level agencies to ensure compliance with Vietnam's international commitments. Within seven working days from the date of receiving the opinion-seeking document, the Ministry of Foreign Affairs and related agencies shall be responsible for providing written opinions and sending them to the Ministry of Agriculture and Rural Development;

b) If the conditions are met, the reviewing agency shall submit the approval of the content of the water transfer plan to the Minister of Agriculture and Rural Development; if the conditions are not met, the dossier shall be returned to the organization or individual proposing the content of the water transfer plan and the reasons for non-approval of the content of the water transfer plan shall be notified.

In cases where supplementation and revision are required to complete the contents regarding the scale and water transfer plan, the reviewing agency shall send a notification letter to the organization or individual specifying the contents that need to be supplemented and completed in the report. The time for supplementation and completion of the report shall not be counted towards the review period. The review period after the report has been supplemented and completed is fifteen working days.”

26. Amend and supplement some clauses of Article 51 as follows:

a) Amend and supplement Clause 2 as follows:

“2. Based on the actual conditions of water resources in river basins, in cases where necessary, the Ministry of Agriculture and Rural Development shall take the lead in organizing the establishment or adjustment of real-time inter-reservoir operation procedures to be submitted to the Prime Minister for approval, except for partial adjustments as prescribed in Clause 9a of Article 38 of the Law on Water Resources.”

b) Amend and supplement Clause 3 as follows:

“3. In cases where ministries, ministerial-level agencies, provincial People's Committees, and organizations managing and operating dams and reservoirs on river basins propose to adjust real-time inter-reservoir operation procedures, they shall develop adjustment plans to be sent to the Ministry of Agriculture and Rural Development for review and submission to the Prime Minister for approval in accordance with the procedures prescribed in Article 52 of this Decree, except for partial adjustments as prescribed in Clause 9a of Article 38 of the Law on Water Resources.”

27. Amend and supplement Article 52 as follows:

“Article 52. Procedures for Reviewing Adjustment Plans for Real-Time Inter-Reservoir Operation Procedures in River Basins

1. In cases where ministries, ministerial-level agencies, provincial People's Committees, and organizations or individuals managing and operating reservoirs propose to adjust real-time inter-reservoir operation procedures, they must develop reservoir operation plans and inter-reservoir operation plans to be submitted to the Ministry of Agriculture and Rural Development for review and submission to the Prime Minister for consideration and approval.

2. The dossier proposing the adjustment plan for real-time inter-reservoir operation procedures includes:

a) Draft Decision on issuing or adjusting real-time inter-reservoir operation procedures in river basins to be submitted to the competent authority for approval;

b) Report explaining the adjustment plan for real-time inter-reservoir operation procedures accompanied by a summary of comments from related agencies and units (if any);

c) Diagram showing the current status of dams, reservoirs, and inter-reservoir systems in the real-time inter-reservoir operation procedures in river basins;

d) Other related documents (if any).

3. Contents of the review:

a) Review the legal basis, the necessity to regulate the operation procedures of interconnected reservoirs and the file of the adjustment plan for the operation of the reservoirs, interconnected reservoirs;

b) Examine and evaluate the reliability of the documents used in calculations and the results of the operational scenarios calculations;

c) Comment and assess the rationality and feasibility of the adjustment plan for the operation procedures of interconnected reservoirs and the draft operation procedures of interconnected reservoirs.

4. The sequence and procedures for reviewing the adjustment plan for the operation procedures of interconnected reservoirs:

a) Submit one set of documents directly at the Department for Acceptance and Delivery of Administrative Procedures Results of the Ministry of Agriculture and Rural Development or through postal services or via authorization according to the provisions of the law or online at the National Public Service Portal;

b) The agency receiving the dossier shall be responsible for reviewing and checking the accuracy and completeness of the dossier. In cases of online submission, the time for receipt and examination shall be carried out in accordance with the regulations on administrative procedures; in cases of direct submission or through postal services, the receipt and examination shall be completed within one working day.

In case the documents are incomplete or inaccurate according to the regulations, the receiving agency will guide the representative of the organization or individual to supplement and complete the documents and clearly inform the reasons to the organization or individual. If the documents are valid, the receiving agency will transfer them to the specialized agency on water resources for review;

c) Within 32 working days from the date of receiving the complete documents as stipulated in Clause 2 of this Article, the Ministry of Agriculture and Rural Development shall be responsible for reviewing the adjustment plan;

During the review process, the Ministry of Agriculture and Rural Development shall be responsible for soliciting opinions from the Ministry of Industry and Trade, the Ministry of Construction, other ministries, agencies at the level of ministries, provincial People's Committees, river basin organizations related (if any) regarding the operation procedures of interconnected reservoirs on the river basin for the adjustment plan of the operation procedures of interconnected reservoirs;

In case of necessity, the Ministry of Agriculture and Rural Development decides to establish a Review Board. Members of the Board include representatives from the Ministry of Industry and Trade; the Ministry of Construction; the National Civil Defense Steering Committee; representatives of related river basin organizations (if any); representatives of relevant provincial People's Committees, management and operation units of the reservoirs, other relevant agencies and units, and water resource experts appointed by the Minister of Agriculture and Rural Development;

d) Based on the comments from ministries, agencies at the level of ministries, river basin organizations (if any), and related localities, the Ministry of Agriculture and Rural Development shall compile the comments and issue a document requesting the proposing agency to supplement and complete the documents;

đ) In case the conditions for approval of the plan are met, the Ministry of Agriculture and Rural Development shall submit it to the Prime Minister for consideration and approval; if the conditions for approval are not met, the receiving agency shall notify the proposing agency to supplement and complete the documents. The time for supplementation and completion of the documents is not included in the review period. The review period after the documents are supplemented and completed is 18 working days;

5. The partial amendments provided for in Clause 9a, Article 38 of the Water Resources Law include adjustments to one or more contents concerning the mechanism for coordinated operation of flood reduction for downstream areas, operation of reservoirs under normal conditions during the flood season, operation of reservoirs during the dry season, monitoring, forecasting, providing data information, and other partial adjustments that do not fundamentally change the basic principles of the operation procedures of interconnected reservoirs on the river basin;

The partial adjustments are carried out in accordance with the sequence for reviewing the adjustment plan for the operation procedures of interconnected reservoirs on river basins as stipulated in Clauses 2 and 3 and Points a, b, c, and d of Clause 4 of this Article;

In case the conditions for approval are met, the Minister of Agriculture and Rural Development shall consider and approve and report the implementation results to the Prime Minister; if the conditions for approval are not met, the receiving agency shall notify the return of the documents to the proposing agency or organization;

28. Amend and supplement Clause 3 of Article 55 as follows:

“3. In cases where dams and reservoirs must establish coordination operation regulations on rivers and streams within the scope of two provinces or centrally-administered cities or more, the People's Committee of the lower province of the inter-provincial water source shall take the lead in establishing the coordination operation regulations and seek opinions from the People's Committees of related provinces before seeking opinions from the Ministry of Agriculture and Rural Development;

In cases where the lower locality does not have a dam or reservoir project or has not approved the list of dams and reservoirs that must establish coordination operation regulations on inter-provincial water sources, the People's Committee of the related province shall proactively establish coordination operation regulations for projects within its province;

The procedures for establishing and approving coordination operation regulations for dams and reservoirs on rivers and streams within the scope of two provinces or more shall be implemented as prescribed in Clause 1 and Clause 2 of this Article;

29. Amend and supplement Article 57 as follows:

“Article 57. Approval and Announcement of the List of Lakes, Ponds, Reservoirs, and Depressions Not to Be Reclaimed

The People's Committee of the province shall be responsible for establishing, announcing, and adjusting the list of lakes, ponds, reservoirs, and depressions not to be reclaimed within the provincial territory. In cases where lakes, ponds, reservoirs, and depressions are located in the territory of two provinces or more, the establishment and announcement shall be carried out in each province's territory. The procedures for establishing, approving, and announcing the list of lakes, ponds, reservoirs, and depressions not to be reclaimed are as follows:

1. The Department of Agriculture and Rural Development shall take the lead and coordinate with the People's Committee of the commune to establish the list of lakes, ponds, reservoirs, and depressions not to be reclaimed within the provincial territory, send it for comments to the Department of Industry and Trade, the Department of Construction, the Department of Culture, Sports and Tourism, and relevant departments and the People's Committee of the commune. The agencies and organizations solicited for comments shall be responsible for studying the documents and replying in writing within 20 days from the date of receipt of the solicitation letter;

The documents sent for comments include: the explanatory report on the establishment of the list of lakes, ponds, reservoirs, and depressions not to be reclaimed and the draft Decision on the approval of the list of lakes, ponds, reservoirs, and depressions not to be reclaimed;

2. On the basis of the comments from the units specified in Clause 1 of this Article, the Department of Agriculture and Rural Development shall compile, absorb, explain, and perfect the documents for submission to the People's Committee of the province for consideration and approval.

The dossier submitted to the Provincial People's Committee for examination and approval includes: the proposal; the explanatory report on the establishment of the List of lakes, ponds, swamps, and reservoirs that shall not be filled in; the draft Decision approving the List of lakes, ponds, swamps, and reservoirs that shall not be filled in; the summary of explanations and adoption of comments, accompanied by copies of the comments; other related documents.

3. Within 15 days from the date of the Decision approving, the Department of Agriculture and Environment shall be responsible for organizing the publication of the List of lakes, ponds, swamps, and reservoirs that shall not be filled in within the province; sending it to be posted on the provincial people's committee's electronic portal and updating it into the National Water Resources Information System and Database in accordance with this Decree.

30. Amend and supplement some points and clauses of Article 58 as follows:

a) Amending and supplementing point b Clause 2 as follows:

“b) Adjusting lakes, ponds, swamps, and reservoirs out of the List of lakes, ponds, swamps, and reservoirs that shall not be filled in to serve public purposes, national defense, and security;”

b) Amend and supplement Clause 3 as follows:

“3. The adjustment of lakes, ponds, swamps, and reservoirs out of the List of lakes, ponds, swamps, and reservoirs that shall not be filled in shall be carried out as follows:

a) On the basis of proposals from Departments or Commune People's Committees, the Department of Agriculture and Environment shall send for opinions from the Department of Industry and Trade, the Department of Construction, the Department of Culture, Sports and Tourism, the Commune People's Committee where the lake, pond, swamp, or reservoir is located, and relevant agencies and organizations. Agencies and organizations receiving opinions shall be responsible for studying the dossier and replying in writing within 20 days from the date of receipt of the opinion solicitation letter.

The dossier sent for opinions includes: the draft proposal; the draft Decision adjusting the List of lakes, ponds, swamps, and reservoirs that shall not be filled in within the province; the explanatory report on the reasons for removing from the List; and other related documents.

b) After completing according to the opinions of the agencies specified in point a of this clause, the Department of Agriculture and Environment shall submit to the Provincial People's Committee for submission to the Provincial People's Council before approval.

The dossier submitted to the Provincial People's Council includes: the proposal; the draft Decision adjusting the List of lakes, ponds, swamps, and reservoirs that shall not be filled in within the province; the explanatory report on the reasons for removing from the List; the summary of explanations and adoption of opinions, accompanied by copies of the opinions; and other related documents.

c) Based on the Resolution of the Provincial People's Council, the Department of Agriculture and Environment shall complete the dossier for submission to the Provincial People's Committee to approve the Decision adjusting the List of lakes, ponds, swamps, and reservoirs that shall not be filled in within the province.

The dossier submitted to the Provincial People's Committee for examination and approval includes: the proposal; the draft Decision adjusting the List of lakes, ponds, swamps, and reservoirs that shall not be filled in; the explanatory report on the reasons for removing from the List; the report on adopting and explaining the opinions of the Provincial People's Council; and the summary of explanations and adoption of opinions, accompanied by copies of the opinions; and other related documents.

d) Within 15 days from the date of the Decision adjusting, the Department of Agriculture and Environment shall be responsible for organizing the publication of the adjusted List of lakes, ponds, swamps, and reservoirs that shall not be filled in; sending it to be posted on the provincial people's committee's electronic portal and updating it into the National Water Resources Information System and Database in accordance with this Decree.

c) Supplement Clause 4 after Clause 3 as follows:

“4. Minimize the encroachment and reduction of space of lakes, ponds, swamps, and reservoirs in the List of lakes, ponds, swamps, and reservoirs that shall not be filled in which have been approved. In cases where encroachment and reduction of space are necessary, the encroached and reduced areas can only be used for public purposes, national defense, and security; social welfare; restoration and conservation of scenic spots; protection of dikes and embankments against floods, typhoons, and natural disasters without affecting the functions of the lakes, ponds, swamps, and reservoirs, except in cases permitted by the Prime Minister.

Based on the assessment of functions, tasks, and impacts on water drainage capacity, flood prevention, and inundation control, the Provincial People's Committee shall decide on the area of encroachment and reduction of space of lakes, ponds, swamps, and reservoirs in the List of lakes, ponds, swamps, and reservoirs that shall not be filled in within the province and implement adjustments to the List of lakes, ponds, swamps, and reservoirs that shall not be filled in in accordance with the provisions.”

31. Amend and supplement Article 59 as follows:

“Article 59. Responsibilities of the Provincial People's Committee and units managing lakes, ponds, swamps, and reservoirs that shall not be filled in

1. Provincial People's Committees shall be responsible for:

a) Directing and organizing the establishment, adjustment, approval, and updating of the List of lakes, ponds, swamps, and reservoirs that shall not be filled in within the province into the National Water Resources Information System and Database;

b) Directing propaganda and raising awareness among the community not to discharge untreated waste into lakes, ponds, swamps, and reservoirs causing water pollution, and not to fill in or modify them arbitrarily;

c) Reviewing, adjusting, and supplementing the List of lakes, ponds, swamps, and reservoirs that shall not be filled in for mining pits, land, and construction material extraction sites that have ceased operations and comply with laws on investment, land, environment, and minerals, forming lakes for water regulation, storage, and landscape creation as stipulated in Clause 5 of Article 27 of the Law on Water Resources;

d) Deciding on the area of encroachment and reduction of space of lakes, ponds, swamps, and reservoirs in the List of lakes, ponds, swamps, and reservoirs that shall not be filled in within the province when it is necessary to encroach and reduce space.

2. Organizations and individuals managing lakes, ponds, swamps, and reservoirs included in the List of lakes, ponds, swamps, and reservoirs that shall not be filled in shall be responsible for:

a) Using them for their intended purpose and not filling in or modifying them arbitrarily;

b) Strictly controlling illegal construction activities, discharging domestic and industrial wastewater directly into lakes, ponds, swamps, and reservoirs. Upon discovering violations, they must promptly report and cooperate with competent authorities to handle them in accordance with the law.

32. Amend and supplement point e of Clause 1 of Article 60 as follows:

“e) Construct bridges, river ports, boat docks, ferry terminals, and other inland waterway facilities.”

33. Amend and supplement point e of Clause 2 of Article 69 as follows:

"e) Monitor, supervise, and propose to the competent authority measures regarding activities related to the protection, regulation, distribution, development, exploitation, utilization of water resources, prevention, control, and mitigation of harm caused by water;"

34. Amend and supplement Point b Clause 3 Article 85 as follows:

"b) For groundwater monitoring stations: frequency of six times per week during the dry season, three times per week during the rainy season for manual measuring devices; frequency of every two hours for automatic online measuring devices."

35. Add Clause 5 after Clause 4 of Article 87 as follows:

"5. In case the monitoring data for supervision is interrupted, the following shall be implemented:

a) In case the online monitoring data is interrupted due to maintenance, calibration, verification, replacement of spare parts, repair, or replacement of measuring equipment, measures must be taken to conduct periodic monitoring and store data according to the regular supervision regime, and update full information and data into the National Water Resources Information System and Database. In case the water quality monitoring data as stipulated in Point a and Point b Clause 2 Article 88 of this Decree is interrupted, monitoring should be conducted every three days and full information and data should be updated into the National Water Resources Information System and Database.

At the same time, report to the specialized agency on water resources under the Ministry of Agriculture and Rural Development for projects under their licensing authority for water resource exploitation, or the Department of Agriculture and Rural Development for projects under the provincial People's Committee’s licensing authority or the Chairman of the provincial People's Committee, clearly stating the plan for maintenance, calibration, verification, replacement of spare parts, repair, and replacement of measuring equipment. The implementation period of the plan shall not exceed sixty days;

b) In case the data transmission is interrupted for other reasons, immediately after the system resumes normal operation, supplementary data transmission for the interrupted period must be carried out. In case the data transmission interruption lasts continuously for more than seventy-two hours, the system operating unit must issue a written notice about the cause and measures to address the interruption to the reporting agency specified herein."

36. Amend and supplement Article 88 as follows:

“Article 88. Parameters, Indicators, and Monitoring Regime for Supervising Water Resource Exploitation Activities for Production and Supply of Clean Water for Domestic Use

The monitoring and supervision of water source quality as stipulated in this Article shall enable organizations and individuals to promptly detect and respond to water source pollution incidents and abnormal phenomena concerning water source quality, serving as a basis for the provincial People's Committee to issue warnings about abnormal phenomena concerning domestic water source quality within their jurisdiction.

1. Organizations and individuals exploiting water for production and supply of clean water for domestic use as stipulated in Clause 1 Article 43 of the Law on Water Resources shall implement supervision of water levels, flow rates, and camera surveillance as prescribed in Articles 89, 90, 91, and 92 of this Decree, and conduct water quality monitoring of exploited sources as prescribed in Clauses 2 and 3 of this Article.

2. The water quality monitoring of exploited sources shall be as follows:

a) Parameters for online monitoring of surface water exploitation facilities with a scale of ten thousand cubic meters per day-night or more at the water intake location, including at least: temperature, pH, dissolved oxygen (DO), total suspended solids (TSS), chemical oxygen demand (COD), Ammonia (NH³ as Nitrogen) and other parameters according to national technical standards on surface water quality as prescribed in the permit issued by the competent authority based on the current status of the water source quality in the exploitation area.₄⁺If the distance from the water exploitation location does not exceed one thousand meters and there is a monitoring facility with the same water source and parameters and monitoring regimes consistent with the provisions herein, the permit holder may negotiate with the management and operation unit of that monitoring facility to use the monitoring data and transmit it to the system as prescribed;

b) Parameters for online monitoring of groundwater exploitation facilities with a scale of five thousand cubic meters per day-night or more at the well monitoring or exploitation location, including at least: pH, total dissolved solids (TDS), Ammonia (NH

 as Nitrogen), Nitrate (NO³ as Nitrogen) and other parameters according to national technical standards on groundwater quality as prescribed in the permit issued by the competent authority based on the current status of the water source quality in the exploitation area.₄⁺Water quality monitoring shall be conducted at a minimum of one location. In case the exploitation facility operates in multiple aquifers, each exploited aquifer shall have at least one monitoring location.₃^-If the distance from the water quality monitoring location does not exceed one thousand meters and there is a monitoring facility in the same aquifer with parameters and monitoring regimes consistent with the provisions herein, the permit holder may negotiate with the management and operation unit of that monitoring facility to use the monitoring data and transmit it to the system as prescribed;

c) Encourage organizations and individuals exploiting water for production and supply of clean water for domestic use with a scale less than ten thousand cubic meters per day-night for surface water or less than five thousand cubic meters per day-night for groundwater to conduct monitoring as prescribed in Point a and Point b of this clause;

d) In addition to the online monitoring parameters prescribed in Point a and Point b of this clause, the competent authority issuing the permit shall specify additional parameters and periodic monitoring regimes based on the current status of the water source quality in the exploitation area.

For organizations and individuals exploiting water for purposes other than domestic water supply from sources designated for domestic water supply, the competent authority issuing the permit shall specify water quality monitoring parameters based on the characteristics of the water source and the risk of water source pollution.³/day night for surface water sources or less than 5,000 m³/day night for underground water sources subject to monitoring in accordance with points a and b of this clause;

d) In addition to the parameters for online monitoring specified in points a and b of this clause, the competent authority issuing the permit shall specify in the permit other parameters and monitoring regimes for periodic supervision based on the current water quality status of the exploitation area.

Organizations and individuals exploiting water for purposes other than domestic water supply from water sources designated for such supply, the competent authority issuing the permit shall specify in the permit parameters for water quality monitoring based on the characteristics of the water source and the risk of water pollution.

3. The monitoring regime for the parameters specified in points a and b of Clause 2 of this Article to monitor online shall not exceed once every 01 hour 01 time according to even hours (1:00, 2:00, 3:00... 24:00).

37. Amend and supplement Article 89 as follows:

"Article 89. Parameters, standards, and monitoring regime for supervising water exploitation activities for hydropower reservoir projects

The supervision of surface water exploitation activities for hydropower reservoir projects shall be carried out as follows:

1. Parameters, standards for monitoring:

a) Reservoir water level;

b) Minimum flow discharge rate (if applicable);

c) Discharge rate through the power plant;

d) Discharge rate over the spillway;

đ) Inflow rate to the reservoir.

2. Monitoring methods: automatic monitoring shall be conducted to supervise online for the parameters specified in points a, b, and c of Clause 1 of this Article; periodic monitoring shall be conducted for the parameters specified in points d and đ of Clause 1 of this Article, and cameras shall be installed to supervise water discharge as specified in points b and d of Clause 1 of this Article.

3. Monitoring regime:

a) For parameters monitored online, not more than once every 15 minutes;

b) For parameters monitored periodically: data updates to the National Water Resources Information System and database shall be carried out according to the monitoring regime and information provision as stipulated by laws on dam safety and reservoir operation; in cases where the reservoir falls within the scope regulated by the inter-reservoir operation procedures, monitoring shall be conducted according to the inter-reservoir operation procedures.

When there is a forecast or urgent warning of typhoons, tropical depressions near the coast, or other weather conditions causing floods, operational data shall be provided according to the requirements of the competent state management agency for water resources."

38. Amend and supplement Article 90 as follows:

"Article 90. Parameters, standards, and monitoring regime for supervising water exploitation activities for irrigation reservoirs serving agricultural production, aquaculture, and other purposes

The supervision of surface water exploitation activities for irrigation reservoirs serving agricultural production, aquaculture, and other purposes shall be carried out as follows:

1. Parameters, standards for monitoring:

a) Reservoir water level;

b) Minimum flow discharge rate (if applicable);

c) Extraction flow rate for various purposes (if applicable);

d) Discharge rate over the spillway;

đ) Water quality during extraction process (if applicable);

e) Inflow rate to the reservoir.

2. Monitoring methods: periodic monitoring shall be conducted for the parameters specified in Clause 1 of this Article; it is encouraged to conduct automatic monitoring to supervise online as stipulated in this Decree. In cases where the irrigation reservoir falls within the scope regulated by the inter-reservoir operation procedures, monitoring shall be conducted according to the inter-reservoir operation procedures.

3. Monitoring regime:

a) For the parameters specified in points a, b, c, đ, and e, they shall be implemented according to point b of Clause 3 of Article 89 of this Decree;

b) For the water quality parameter during the extraction process specified in point đ of Clause 1 of this Article, data updates to the national water resources information system and database shall be completed within no more than five working days from the date of analysis results.

The location, parameters, and frequency of water quality monitoring for supervision shall be implemented according to the provisions of the surface water extraction permit (if applicable)."

39. Amend and supplement point a of Clause 1 of Article 91 as follows:

"a) Extraction flow rate for various purposes (if applicable);"

40. Amend and supplement point d of Clause 1 of Article 92 as follows:

"d) For projects with a scale of 3,000 m³/day-night or more must have at least one observation well. In addition to monitoring the parameters specified in points a, b, and c of this clause, the water level in the observation wells must also be monitored.

In cases where the project extracts water from multiple aquifers, each extracted aquifer must have at least one observation well. If the project has been granted permission with more than one observation well for each aquifer, it is encouraged that organizations and individuals implement water level monitoring at these observation wells or conduct monitoring according to the provisions of this Decree.

In cases where the distance between the locations of the observation wells does not exceed 1,000 meters and there is another monitoring project in the same extracted aquifer with a monitoring regime consistent with the provisions of Clause 3 of this Article, the permit holder may negotiate with the management and operation unit of that monitoring project to use their monitoring data and transmit it to the system as prescribed."

41. Amend and supplement some points and clauses of Article 95 as follows:

a) Amend point a, Clause 1 as follows:

"a) Issuing technical guidelines, quotas, and unit prices for water resource planning and basic investigation; issuing technical guidelines for establishing water source protection zones, implementing water resource accounting; specifying technical standards for structure and data standards for water resource information and data; issuing technical guidelines for infrastructure, software, and updating the water resource database of the National Water Resources Information System;"

b) Amending Clause 3 as follows:

"3. People's Committees at the commune level shall perform responsibilities as stipulated in this Decree and the following responsibilities:

a) Cooperate with the Department of Agriculture and Environment in: compiling the List of water sources that need to establish protection zones on their territory; developing plans for marking boundaries of protection zones for rivers, streams, canals, creeks, natural lakes, artificial lakes in urban areas, concentrated residential areas, and other water sources on their territory, and cooperating in marking boundaries on-site after the plan for marking boundaries has been approved;

b) Receiving, managing, and protecting the boundaries of water source protection zones according to assigned tasks;

c) Cooperating with organizations and individuals operating reservoirs in: developing plans for marking boundaries to determine protection zones for hydropower and irrigation reservoirs on their territory, and cooperating in marking boundaries on-site after the plan for marking boundaries has been approved;

d) Cooperating with the Department of Agriculture and Environment in: delineating, announcing the List and Map of restricted and prohibited areas for groundwater extraction; supervising organizations and individuals on their territory in implementing measures to restrict groundwater extraction according to the approved plan."

đ) Perform state management tasks on water resources according to the分级或授权的省级人民政府委员会的委托。”。

42. Amend and supplement some points and clauses of Article 97 as follows:

a) Amend and supplement point c clause 7 as follows:

“c) Organizations and individuals with underground water extraction projects with a scale of 3,000 m³/day-night that have been granted permits before July 1, 2024 and extract from two aquifer layers without ensuring the number of monitoring wells as stipulated in point d clause 1 of Article 92 of this Decree shall continue to operate until the underground water extraction permit expires and must include a supplementary monitoring well plan in the application for issuance or extension of the underground water extraction permit. Within ninety days from the date of obtaining the permit, organizations and individuals must complete the drilling and operation of supplementary monitoring wells in accordance with regulations.

In cases where there is insufficient land area to drill supplementary monitoring wells as prescribed, the competent authority granting the permit shall consider and decide during the permit issuance process;”;

b) Amend and supplement point đ clause 7 as follows:

“đ) Organizations and individuals with underground water extraction projects for production and supply of clean water for daily use with a scale of 5,000 m³/day-night or more that have been granted permits before July 1, 2024 must include a water quality monitoring plan as stipulated in point b clause 2 of Article 88 of this Decree in the application for issuance or extension of the underground water extraction permit. Within ninety days from the date of obtaining the permit, organizations and individuals must complete the installation of equipment and implementation of water quality monitoring in accordance with regulations;”;

c) Amend and supplement point h clause 7 as follows:

“h) Organizations and individuals with underground water extraction projects with drilled extraction wells constructed before November 30, 2021 that cannot install automatic water level measuring devices or manually measure water levels in extraction wells, but have drilled supplementary monitoring wells in accordance with the Water Resources Law in 2012 shall continue to monitor water levels in accordance with this Decree to serve supervision.

In cases where supplementary monitoring wells have not been drilled, at least one representative monitoring well must be drilled for each extracted aquifer layer, and a supplementary drilling plan for monitoring wells must be included in the application for issuance or extension of the underground water extraction permit. Within ninety days from the date of obtaining the permit, organizations and individuals must complete the drilling and operation of supplementary monitoring wells in accordance with regulations.

In cases where there is insufficient land area to drill supplementary monitoring wells as prescribed, the competent authority granting the permit shall consider and decide during the permit issuance process;”.

43. Replace the following phrases:

a) Replace the phrase "People's Committee of the district" with "People's Committee of the commune" in Clause 4 Article 26, Clause 3 Article 28, Clause 2 Article 29, point b Clause 2 Article 38; replace the phrase "People's Committee of the district, People's Committee of the commune" with "People's Committee of the commune" in Clause 1 Article 27; Clause 6 Article 38, point b Clause 2 and Clause 3 Article 39; replace the phrase "People's Committee of the district, commune" with "People's Committee of the commune" in Clause 3 Article 31;

b) Replace the phrase "Ministry of Natural Resources and Environment" with the phrase "Ministry of Agriculture and Environment" in Clause 2 Article 4; Clause 6 Article 5; Clause 3 and Clause 4 Article 6; point a Clause 1, Clause 2 and Clause 3 Article 7; point b and point c Clause 1 Article 8; point a, point c Clause 1 and point c Clause 8 Article 11; Clause 1 and point b Clause 2 Article 12; Clause 1 and Clause 4 Article 14; point a Clause 1 Article 15; Clause 4 Article 29; name of Article 31, Clause 1 Article 31; point đ Clause 2 Article 34; Clause 4, Clause 5 and Clause 6 Article 38; name of Article 39, Clause 1 Article 39; Clause 4 Article 40; Clause 6 Article 41; Clause 1 Article 46; Clause 3 and Clause 6 Article 50; point b Clause 1 and point b Clause 2 Article 55; Clause 1 Article 66; Clause 2 Article 68; Article 74; Article 75; Clause 5 and Clause 9 Article 77; Clause 3 Article 78; Clause 3 Article 79; Clause 1 Article 80; Clause 1 Article 84; Clause 4 Article 87; Clause 1 Article 95; Clause 8 Article 97;

c) Replace the phrase "Department of Natural Resources and Environment" with the phrase "Department of Agriculture and Environment" in point b Clause 3 and Clause 4 Article 26; Clause 1 Article 27; Clause 2 Article 29; point d Clause 2 and point b Clause 3 Article 31; Clause 1 Article 37; Article 38; point a and point b Clause 2, Clause 3, point a Clause 4 Article 39; point a Clause 1, point a and point c Clause 2 Article 55; Clause 2 Article 61; Clause 3 Article 63; Clause 3 Article 84; Clause 4 Article 87;

d) Replace the phrase "natural resources and environment" with the phrase "agriculture and environment" in Clause 1 Article 76;

đ) Replace the phrase "Ministry of Agriculture and Rural Development" with the phrase "Ministry of Agriculture and Environment" in Clause 2 Article 43;

e) Replace the phrase "tasks" with the phrase "outline" in Article 11, Article 12, point e Clause 2 Article 13;

g) Replace the phrase "comprehensive planning of inter-provincial river basins" with the phrase "comprehensive planning of water resources and irrigation infrastructure in inter-provincial river basins" in Article 20; Clause 2 Article 41, point b Clause 1 Article 70, Clause 3 Article 77, Clause 3 Article 97; Appendix I promulgated together;

h) Replace the phrase "technical planning of water resources" with the phrase "comprehensive planning of water resources and irrigation infrastructure in inter-provincial river basins" in the name of Chapter II and the name of Section 2 Chapter II;

i) Replace the phrase "comprehensive planning of river basins" with the phrase "comprehensive planning of water resources and irrigation infrastructure in inter-provincial river basins" in point b Clause 3 Article 44, Clause 5 Article 77;

k) Replace the phrase "comprehensive planning of basic investigation of water resources" with the phrase "comprehensive planning of water resources and irrigation infrastructure in inter-provincial river basins" in point a Clause 1 Article 8;

l) Replace the phrase "water resources planning" with the phrase "water resources, irrigation and disaster prevention planning" in Clause 3 Article 77;

m) Replace the phrase "Ministry of Planning and Investment" with the phrase "Ministry of Finance" in Clause 2 Article 74;

n) Replace the phrase "Vietnam Government Electronic Architecture Framework" with the phrase "Vietnam Government Digital Architecture Framework" in Clause 1 Article 76 and Clause 2 Article 80.

44. Repeal the following points, clauses, articles, and phrases:

a) Repeal Clause 4 Article 7, Point d Clause 1 Article 38, Clause 4 Article 95, Clause 3 Article 96, and Point b Clause 7 Article 97;

b) Repeal the phrase “Planning and Investment,” and the phrase “Transport,” at Point a Clause 2 Article 14;

c) Repeal the phrase “Department of Transport,” at Clause 4 Article 26;

d) Repeal the phrase “, Ministry of Agriculture and Rural Development” at Clause 3 Article 7, Clause 2 Article 84;

đ) Repeal the phrase “Ministry of Agriculture and Rural Development,” at Clause 4 Article 40, Clause 2 Article 46, Clause 6 Article 50;

e) Repeal the phrase “Department of Agriculture and Rural Development,” at Clause 4 Article 26 and Point a Clause 1 Article 55;

g) Repeal the phrase “departments of agriculture and rural development,” at Point a Clause 2 Article 55;

h) Repeal the phrase “agriculture and rural development,” at Point a Clause 2 Article 14, Point a Clause 2 Article 38;

i) Repeal the phrase “and overall planning for basic investigation of water resources” at Clause 3 Article 6;

k) Repeal the phrase “for integrated river basin planning” at Point đ, Point h Clause 2 Article 13;

l) Repeal the phrase “, flood control and irrigation planning” at Point a Clause 2 Article 60;

m) Repeal the phrase “point a” at Clause 2 Article 93;

n) Repeal the phrase “year 2012” at Clause 8 Article 97.

45. Replace Model No. 01 Appendix II promulgated together with Decree No. 53/2024/NĐ-CP with Model No. 01 Appendix VII promulgated together with this Decree.

Article 2. Amend and supplement some provisions of Decree No. 54/2024/NĐ-CP dated May 16, 2024 of the Government on underground water drilling operations, declaration, registration, licensing, and water resource services and fees for water resource exploitation rights.

1. Amend and supplement Article 1 as follows:

"Article 1. Scope of Regulation

This Decree provides detailed regulations on Clause 3 Article 31, Article 52, Clause 4 Article 53, Clause 6 Article 69, and Article 70 of the Water Resources Law regarding the issuance of underground water drilling permits; declaration, registration, and licensing for exploration, exploitation, and utilization of water resources; payment, exemption, and reduction of water resource exploitation rights fees, methods of calculation, and levels of water resource exploitation rights fees; water resource services.

2. Amending and supplementing Article 3 as follows:

“Article 3. Solicit opinions from community representatives and organizations and individuals related to the impact of water extraction projects.

Community representatives and organizations and individuals involved in water extraction activities as stipulated in Clause 8 Article 52 of the Water Resources Law include: village chiefs, hamlet chiefs, ấp, bản, bon, buôn, phum, sóc, neighborhood group leaders, or persons elected by the community consensus, People's Committee of communes, wards, special administrative zones (hereinafter referred to collectively as the People's Committee of commune level), Vietnam Fatherland Front Committee of communes, wards, special administrative zones, units managing and operating water extraction and usage facilities affected by the project's water extraction activities. The solicitation process shall be carried out as follows:

1. Projects investing in construction of water extraction works that significantly affect economic and social development activities and people's lives in the locality must solicit opinions from community representatives as stipulated in Point a Clause 8 Article 52 of the Water Resources Law, including those requiring water resource exploitation permits:

a) Reservoirs and dams constructed on rivers, streams, canals, ditches, creeks;

b) River, stream, canal, ditch, creek blocking works other than those specified in Point a of this clause with the purpose of creating sources, preventing salinity intrusion, flood prevention, and landscape creation;

c) Surface water extraction works not covered by Point a of this clause with an extraction scale of 10 m³/second or more for agricultural production and aquaculture purposes; 300,000 m³/day-night or more for domestic, business, service, and production purposes (including water extraction for equipment cooling, steam generation, heating);

d) Underground water extraction works with an extraction scale of 12,000 m³/day-night or more.

2. Time of opinion solicitation:

a) Before construction of the work and no later than 12 months prior to submission of the application for surface water extraction permit as stipulated in Points a, b, and c Clause 1 of this Article;

b) During exploration for the case stipulated in Point d Clause 1 of this Article;

c) Investors may combine the solicitation of opinions from community representatives and related organizations and individuals on the impact of water extraction works with the solicitation of opinions for environmental impact assessment according to environmental protection laws, but the time and content of the solicitation must comply with the provisions of this Article.

3. Information provided for organizing the solicitation of opinions includes:

a) Overall information about the project; project implementation plan and schedule along with relevant legal documents related to investment and construction of the project, expected operational date;

b) Explanation of the project's water resource extraction plan, fully reflecting all information prescribed in Clause 1 of this Decree; c) Anticipated impacts and measures to mitigate the effects of operation on water sources, environment, water users, and other potentially affected entities during construction and operation of the work;

d) Other data and documents related to water extraction (if any).

4. The Department of Agriculture and Environment organizes the solicitation of opinions for water extraction works as stipulated in Clause 1 of this Article.

5. Opinion solicitation procedures:

a) Organizations and individuals submit documents containing the information prescribed in Clause 3 of this Article directly at the Provincial One-stop Service Center or through public postal services according to the Prime Minister's regulations, through contracted postal services, or online at the National Public Service Portal;

b) The agency receiving the documents is responsible for reviewing and checking the completeness of the documents. For online submissions, the acceptance and review period shall be carried out according to the law on administrative procedures; for direct submissions or through postal services, the acceptance and review shall be completed within one working day.

b) The agency receiving the application files is responsible for reviewing and checking the completeness of the documents. For online submissions, the receipt and review period shall be carried out in accordance with the laws on administrative procedures; for direct submissions or through postal services, the receipt and review shall be completed within one working day.

In cases where the requirements are not met as prescribed, the receiving agency shall guide the representative of organizations and individuals to supplement and complete the information and clearly inform the reasons to the organizations and individuals. If the information is complete, the receiving agency shall transfer the dossier to the Department of Agriculture and Rural Development for soliciting opinions.

c) Within twenty working days from the date of receipt of valid dossiers, the Department of Agriculture and Rural Development shall be responsible for organizing meetings, discussions, direct dialogues, or soliciting opinions in writing from relevant agencies, organizations, and individuals to provide opinions on the proposed construction project, and request the organizations and individuals investing in the project to provide additional data, reports, and information about the project (if necessary).

d) Within five working days from the date of receipt of opinions, the Department of Agriculture and Rural Development shall compile the opinions and issue a document to send to the organizations and individuals investing in the project.

6. Based on the degree of impact of the project, the Department of Agriculture and Rural Development shall consider and decide on the appropriate subjects to solicit opinions on the impact.

7. Organizations and individuals investing in the project shall be responsible for compiling, absorbing, and explaining the opinions provided. The dossier for soliciting opinions and the document summarizing the absorption and explanation of opinions shall be submitted together with the application for permission to exploit water resources.

8. The costs for organizing the solicitation of opinions shall be borne by the organizations and individuals investing in the project according to point c, Clause 8, Article 52 of the Water Resources Law.

3. Amend and supplement Clause 2 of Article 4 as follows:

"2. Publicizing information shall be carried out through the following forms:"

a) Information stipulated in Clause 1 of this Article shall be published on mass media and the electronic information website of the Provincial People's Committee;

b) At least sixty days before the commencement of construction and throughout the entire construction period, organizations and individuals investing in the project must publicly post the information stipulated in Clause 1 of this Article at the People's Committee of the commune and at the location of the construction site.

4. Amend and supplement some points and clauses of Article 7 as follows:

a) Amend and supplement Point a Clause 2 as follows:

"a) Exploiting surface water for construction purposes for reservoirs, dams, and irrigation works; exploiting surface water for construction purposes for other works with a scale not exceeding 100 m³/day-night; exploiting surface water for commercial, service, and non-agricultural production purposes (including exploitation for cooling machines and equipment, steam generation, and heating) with a scale not exceeding 100 m³/day-night;"

b) Add Clause 7 after Clause 6 as follows:

"7. Exploiting water for forestry activities and related service activities."

5. Amend and supplement some points and clauses of Article 8 as follows:

a) Amend and supplement Point a Clause 2 as follows:

"a) Reservoirs and irrigation dams with a total capacity from 0.01 million m³to 0.5 million m³; other surface water exploitation works for agricultural production and aquaculture purposes with a scale of exploitation greater than 0.1 m³/second to 0.5 m³/second.

In case of reservoirs and irrigation dams with a total capacity of 0.01 million m³to 0.5 million m³having an exploitation scale for agricultural production and aquaculture exceeding 0.5 m³/second or having other exploitation purposes with a scale falling under the category requiring a permit, such permits shall be issued in accordance with this Decree;"

b) Amend and supplement Point b of Clause 3 as follows:

"b) In cases stipulated in point a of this clause, if surface water is directly exploited from reservoirs, irrigation dams, hydropower plants, and irrigation canal systems, such exploitation shall require a permit in accordance with this Decree.

In the case of water exploitation from irrigation works for aquaculture, the amount of water exploited for aquaculture shall be counted together with that for agricultural production;"

c) Amend and supplement Clause 4 as follows:

"4. Water exploitation works that require a permit for water resource exploitation must obtain a permit from the competent authority specified in Article 15 of this Decree before constructing the water exploitation works;"

6. Add Article 8a after Article 8 as follows:

"Article 8a. Duration of Water Resource Exploitation Permits and Underground Water Exploration Permits

1. The duration of water resource exploitation permits is as follows:

a) Surface water exploitation permits have a maximum duration of ten years and a minimum of five years, and may be renewed multiple times, each renewal being for five years;

b) Seawater exploitation permits have a maximum duration of fifteen years and a minimum of ten years, and may be renewed multiple times, each renewal being for ten years;

c) Underground water exploitation permits have a maximum duration of five years and a minimum of three years, and may be renewed multiple times, each renewal being for three years;

d) In cases where organizations and individuals apply for permits with durations shorter than the minimum durations specified in points a, b, and c of this clause, the permits will be issued based on the requested duration in the application for permit and may be renewed multiple times, each renewal not exceeding the duration of the previously issued permit.

2. Underground water exploration permits have a duration of two years and may be renewed once, with the renewal period not exceeding one year. In cases where organizations and individuals apply for or renew permits with shorter durations, the permits will be issued or renewed based on the requested duration in the application for permit.

3. The effective date of the permit shall be consecutive with the expiration date of the previously issued permit in the following cases:

a) Dossier for extending the water resource exploitation permit submitted by organizations and individuals in accordance with regulations;

b) Dossier for applying for a new permit submitted before the expiration date of the previously issued permit; in cases where organizations and individuals request a different effective date for the permit, the competent authority shall determine the effective date of the permit according to the organization's or individual's request."

7. Add Article 8b after Article 8a as follows:

"Article 8b. Principles for Registration and Issuance of Permits for Exploration, Exploitation, and Utilization of Water Resources

1. In accordance with the authority, the subject, and the procedures and formalities prescribed by law.

2. Ensuring the interests of the State, the rights and legitimate interests of organizations and individuals who have registered and obtained water resource exploitation permits and underground water exploration permits, and those who are related.

3. Prioritizing registration and issuance of permits for exploration, exploitation, and utilization of water resources for domestic use."

4. Protect water resources and the environment in accordance with the provisions of the law; do not cause degradation, depletion, or pollution of water sources when conducting exploration, exploitation, and utilization of water resources.

8. Supplement Article 8c following Article 8b as follows:

"Article 8c. Basis for issuing water resource exploitation permits and underground water exploration permits

1. Issuing water resource exploitation permits and underground water exploration permits must be based on the following grounds:

a) Water resource planning (function of water source; extraction limits for each river, river section; extraction threshold for aquifer layers; protection of water resources, prevention of degradation, depletion, and pollution of water sources); industry planning, regional planning, provincial planning, detailed industry planning containing content on the exploitation and utilization of water resources; regulations on prohibited and restricted areas for underground water extraction; in cases where there are no such plans or they have not specified details, have not established prohibited and restricted areas for underground water extraction, or urgent needs for supplying domestic water to the population must be addressed, then the capacity of the water source and the urgency of the need for water exploitation and utilization must be considered;

b) The current status of water resource exploitation and utilization in the region; regulations on protecting, regulating, distributing, exploiting, and utilizing water resources; preventing, combating, and mitigating harmful effects caused by water;

c) The results of the competent authority's review of the application dossier for water resource exploitation permits and underground water exploration permits;

d) The demand for water resource exploitation and utilization reflected in the permit application document.

2. In cases of issuing underground water exploitation permits and underground water exploration permits, they must also be based on the provisions of Article 30 and Clause 4 of Article 31 of the Water Resources Law."

9. Supplement Article 8d following Article 8c as follows:

"Article 8d. Conditions for issuing water resource exploitation permits and underground water exploration permits

1. Organizations and individuals are granted water resource exploitation permits when meeting the following conditions:

a) Completing the process of soliciting opinions as stipulated in Clause 8 of Article 52 of the Water Resources Law and Article 3 of this Decree;

b) Water resource exploitation activities comply with the provisions set out in points a and b of Clause 1 of Article 8c of this Decree; underground water exploitation complies with regulations related to prohibited and restricted areas for underground water extraction as stipulated in Article 31 of the Water Resources Law.

2. Organizations and individuals are granted underground water exploration permits when having construction plans for exploration projects that meet requirements for protecting underground water and comply with regulations related to prohibited and restricted areas for underground water extraction as stipulated in Article 31 of the Water Resources Law.

3. Organizations exploiting surface water that construct dams and reservoirs on rivers and streams, in addition to complying with the provisions of Clause 1 of this Article and point b of Clause 3 of Article 50 of the Water Resources Law, must also meet the following conditions:

a) Having plans for equipment and personnel to monitor meteorological and hydrological conditions, forecast water inflow to the reservoir, operate the reservoir, monitor, and supervise water resource exploitation;

b) Having operational procedures for the reservoir in compliance with laws on dam and reservoir water management safety, and power generation for existing facilities. For irrigation dams and reservoirs, there must be operational procedures for existing facilities.

4. When organizations and individuals submit applications for issuance, extension, modification, or reissuance of water resource exploitation permits and underground water exploration permits, the competent authority shall examine and decide on the issuance of water resource exploitation permits and underground water exploration permits in accordance with the provisions. During the examination and decision-making process, if violations in water resource exploration and exploitation activities are discovered, they will be handled according to the provisions of the law on administrative penalties in the field of water resources."

10. Amend and supplement Article 9 as follows:

“Article 9. Extension of Licenses

1. The extension of groundwater exploration licenses and water resource exploitation licenses shall be based on the following conditions:

a) The application for license extension must be submitted at least 45 days before the expiration date of the license.

b) At the time of submitting the application for license extension, the organization or individual holding the license must have fully fulfilled their obligations to pay the fees for the right to exploit water resources as stipulated by law and there must be no disputes.

2. In cases where organizations or individuals wish to continue exploiting water resources but fail to submit the application for license extension within the prescribed time limit as set out in point a, clause 1 of this Article, such organizations or individuals must prepare a new application for a license.

11. Amend and supplement point h, clause 2, Article 10 as follows:

“h) In cases where a new well similar to the old one is drilled to replace a damaged, deteriorated, or relocated well with unchanged extraction parameters, it is not necessary to go through the procedure to request adjustment of the license, but the plan for drilling the replacement well must be reviewed and approved by the authority specified in clause 2, Article 16 of this Decree. Such approval must be confirmed in writing after the completion of the replacement drilling. This confirmation document is an inseparable part of the previously issued groundwater exploitation license. Each time a replacement occurs, the number of wells shall not exceed 50% of the total number of wells permitted under the license. The distance between replacement wells shall not exceed 1.5 times the thickness of the aquifer being exploited at that well.

If the number of replacement wells exceeds 50% of the total number of wells permitted under the license or if the distance between replacement wells exceeds 1.5 times the thickness of the aquifer being exploited at that well, then the procedure for adjusting the license must be followed.”

12. Amend and supplement Article 15 as follows:

“Article 15. Competence to Issue, Extend, Adjust, Reissue, Approve Return, Suspend, Terminate, and Revoke Water Resource Exploitation Licenses and Groundwater Exploration Licenses, and to Register Water Resource Extraction and Use

1. The Minister of Agriculture and Rural Development shall issue, extend, adjust, reissue, approve return, suspend, terminate, and revoke water resource exploitation licenses and groundwater exploration licenses, including:

a) Groundwater exploration for projects with a scale of 5,000 m³/day-night or more;

b) Groundwater exploitation for projects with a scale of 5,000 m³/day-night or more;

c) Reservoirs and irrigation dams extracting surface water for agricultural production and aquaculture with an extraction scale of 5 m³/second or more and a total capacity of 5 million m³ to less than 20 million m³;

d) Reservoirs and irrigation dams extracting surface water for agricultural production and aquaculture with an extraction scale of 10 m³/second or more and a total capacity of less than 5 million m³;

d) Other surface water extraction works other than reservoirs and irrigation dams or clusters of structures such as sluices, pumping stations extracting surface water within the system of hydraulic works (specific needs and scales of extraction for each sluice and pumping station cannot be determined) for agricultural production and aquaculture with an extraction scale or total extraction scale from 10 m³/second or more;

e) Reservoirs and irrigation dams with a total capacity of 20 million m³f) Alcohol and spirits manufacturing plants with a capacity of 1,000,000 liters of products per year or more; beer and soft drink manufacturing plants with a capacity of 10,000,000 liters of products per year or more;

g) Surface water exploitation for power generation with installed capacity of 30,000 kW or more;

h) Surface water exploitation for other purposes with a scale of 50,000 m³/day-night or more;

i) Seawater exploitation for production, business, service, and aquaculture activities on islands and mainland with an exploitation scale of 1,000,000 m³/day-night or more;

k) River, stream, canal, ditch, and creek blocking works for salinity prevention, source creation, flood control, and landscape creation (excluding reservoirs, irrigation dams, and hydropower dams) with a total length of the blocking structure from 200 m or more. For sluices blocking rivers, streams, canals, ditches, and creeks for salinity prevention, source creation, flood control, and landscape creation with a total width of the water passage from 200 m or more.

2. The Chairman of the Provincial People's Committee shall issue, extend, adjust, reissue, approve return, suspend, terminate, and revoke water resource exploitation licenses and groundwater exploration licenses for cases with scales different from those specified in clause 1 of this Article; confirm registration of water resource extraction and use for cases specified in points a, b, d, e, g, h, i, k, and l of clause 2, Article 8 of this Decree.

3. The Chairman of the Commune People's Committee shall confirm the registration of groundwater extraction for cases specified in points c and d of clause 2, Article 8 of this Decree.

4. The Chairman of the Commune People's Committee shall accept declarations of groundwater extraction by households for domestic use as specified in clause 1, Article 8 of this Decree.

5. Based on work requirements, implementation capabilities, resources, actual conditions, and specific circumstances, the Minister of Agriculture and Rural Development shall decide on delegating the relevant specialized agencies under the Ministry of Agriculture and Rural Development to implement the provisions of clause 1 of this Article in accordance with the Government Organization Law; the Chairman of the Provincial People's Committee shall decide on delegating the Department of Agriculture and Rural Development to implement the provisions of clause 2 of this Article in accordance with the Local Administration Organization Law.”

13. Amend and supplement Article 16 as follows:

"Article 16. Authorities for Receiving and Reviewing Applications and Managing Licenses

1. The authorities for receiving and delivering results (hereinafter referred to as the receiving authority) include:

a) The Administrative Service Center of the Ministry of Agriculture and Rural Development is responsible for receiving applications and delivering results of administrative procedures within the licensing authority of the Ministry of Agriculture and Rural Development;

b) The One-stop Public Service Centers are responsible for receiving applications and delivering results of administrative procedures within the licensing authority of the Chairman of the Provincial People's Committee.

In cases where reservoirs or dams are located across two provinces or centrally governed cities under the licensing authority of the Chairman of the People's Committee of the province, the procedures for issuing, extending, amending, reissuing, returning, and temporarily suspending the validity of water resource exploitation permits shall be carried out at the local level where the power plant is located for hydroelectric reservoirs and dams, and at the local level managing the entity responsible for operating the reservoirs and dams for other types of reservoirs and dams.

2. The agency responsible for reviewing and managing files and permits (hereinafter referred to collectively as the file review agency) includes:

a) The specialized agency on water resources under the Ministry of Agriculture and Rural Development is responsible for organizing the review and management of files and permits within the licensing authority of the Ministry of Agriculture and Rural Development;

b) The Department of Agriculture and Rural Development is responsible for organizing the review and management of files and permits within the licensing authority of the Chairman of the People's Committee of the province.”

14. Amend and supplement Clause 4 of Article 19 as follows:

“4. In cases where irrigation works or centralized rural clean water supply projects need to prepare application files for issuance, extension, or amendment of permit contents, the project proposal shall be prepared according to Model 44 attached as an appendix to this Decree.”

15. Amend and supplement Article 22 as follows:

“Article 22. Procedures and formalities for issuing underground water exploration permits and water resource exploitation permits

1. Receiving and examining application files:

a) Organizations and individuals applying for permits submit one set of application files directly at the One-Stop Service Center or through postal services or through authorized representatives as prescribed by law, or online at the National Public Service Portal;

b) The agency receiving the dossier shall be responsible for reviewing and checking the accuracy and completeness of the dossier. In cases of online submission, the time for receipt and examination shall be carried out in accordance with the regulations on administrative procedures; in cases of direct submission or through postal services, the receipt and examination shall be completed within one working day.

If the application files are incomplete or inaccurate as required, the receiving agency will guide the representative of the organization or individual to supplement and complete the files and clearly inform the reasons to the organization or individual applying for the permit. If the application files are valid, the receiving agency will transfer the files to the file review agency specified in Clause 2 of Article 16 of this Decree for examination.

2. Examining the project proposal and reports on underground water exploration and water resource exploitation contained in the application files (hereinafter referred to collectively as the project proposal and report):

a) Within 29 working days from the date of receipt of complete files as stipulated in Clause 1 of this Article, the file review agency is responsible for sending notification of examination fees to the organization or individual applying for the permit and examining the project proposal and report; if necessary, it will conduct on-site inspections, establish an examination committee for the project proposal and report, and organize opinions from relevant agencies, organizations, and individuals.

If the conditions for issuing the permit are met, the file review agency will submit the permit to the competent authority for issuance; if the conditions for issuing the permit are not met, the file review agency will return the files to the organization or individual applying for the permit and notify the reasons in writing;

b) If supplementation and revision are required to complete the project proposal and report, the file review agency will send a written notice to the organization or individual applying for the permit specifying the contents that need to be supplemented and completed in the project proposal and report. The time for supplementation and completion of the project proposal and report is not included in the examination period. The examination period after the project proposal and report have been supplemented and completed is 18 working days;

c) If a new project proposal and report must be prepared, the file review agency will send a written notice to the organization or individual applying for the permit specifying the contents of the project proposal and report that do not meet the requirements and return the application files.”

16. Amend and supplement Article 23 as follows:

“Article 23. Procedures and formalities for extending, amending, and reissuing underground water exploration permits and water resource exploitation permits

1. Receiving and examining application files:

a) Organizations and individuals applying for extensions, amendments, or reissuance of permits submit one set of application files directly at the One-Stop Service Center or through postal services or through authorized representatives as prescribed by law, or online at the National Public Service Portal;

b) The agency receiving the dossier shall be responsible for reviewing and checking the accuracy and completeness of the dossier. In cases of online submission, the time for receipt and examination shall be carried out in accordance with the regulations on administrative procedures; in cases of direct submission or through postal services, the receipt and examination shall be completed within one working day.

If the application files are incomplete or inaccurate as required, the receiving agency will guide the representative of the organization or individual to supplement and complete the files and clearly inform the reasons to the organization or individual applying for the permit. If the application files are valid, the receiving agency will transfer the files to the file review agency specified in Clause 2 of Article 16 of this Decree for examination.

2. Examining the project proposal and report for cases of extension and amendment of permits:

a) Within 23 working days from the date of receipt of complete files as stipulated in Clause 1 of this Article, the file review agency is responsible for sending notification of examination fees to the organization or individual applying for the permit and examining the project proposal and report. If necessary, the file review agency will organize on-site inspections, establish an examination committee for the project proposal and report, and organize opinions from relevant agencies, organizations, and individuals.

If the conditions for extending or amending the permit are met, the file review agency will submit the permit to the competent authority for issuance. If the conditions for extending or amending the permit are not met, the file review agency will return the files to the organization or individual and notify the reasons in writing;

b) If supplementation and revision are required to complete the project proposal and report, the file review agency will send a written notice 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 and completion of the project proposal and report is not included in the examination period. The examination period after the project proposal and report have been supplemented and completed is 18 working days.

If a new project proposal and report must be prepared, the file review agency will send a written notice to the organization or individual specifying the contents of the project proposal and report that do not meet the requirements and return the application files.

3. Examining the application files for cases of reissuing permits:

Within 10 working days from the date of receipt of complete files as stipulated in Clause 1 of this Article, the file review agency is responsible for examining the application files. If the conditions for reissuing the permit are met, the file review agency will submit the permit to the competent authority for issuance. If the conditions for reissuing the permit are not met, the file review agency will return the files to the organization or individual and notify the reasons in writing.”

17. Amend and supplement Article 24 as follows:

“Article 24. Procedures and formalities for temporarily suspending the validity of permits and approving the return of underground water exploration permits and water resource exploitation permits

1. Receiving and examining application files:

a) Organizations and individuals applying for temporary suspension of the validity of permits or return of permits submit one set of application files directly at the One-Stop Service Center or through postal services or through authorized representatives as prescribed by law, or online at the National Public Service Portal;

b) The agency receiving the dossier shall be responsible for reviewing and checking the accuracy and completeness of the dossier. In cases of online submission, the time for receipt and examination shall be carried out in accordance with the regulations on administrative procedures; in cases of direct submission or through postal services, the receipt and examination shall be completed within one working day.

If the application files are incomplete or inaccurate as required, the receiving agency will guide the representative of the organization or individual to supplement and complete the files and clearly inform the reasons to the organization or individual applying for the permit. If the application files are valid, the receiving agency will transfer the files to the file review agency specified in Clause 2 of Article 16 of this Decree for examination.

2. Examining the application files for temporary suspension and approval of the return of permits:

a) Within ten working days from the date of receiving complete files in accordance with Clause 1 of this Article, the file examination agency shall be responsible for reviewing, inspecting, and submitting to the competent authority for approval to temporarily suspend, return the water resource exploitation permit. In cases where conditions for approval are not met, the file examination agency shall return the file to the organization or individual and notify in writing the specific reasons.

b) In cases where the file needs to be supplemented or amended to be completed, the file examination agency shall send a notification letter to the organization or individual clearly stating the contents that need to be supplemented or completed. The time for supplementation and completion shall not be counted within the file examination period. The examination period after supplementation and completion shall be six working days.”

18. Amend and supplement Clause 3 of Article 25 as follows:

“3. In cases where there is no application for declaration and registration of water resource exploitation, the registration of underground water exploitation shall be carried out as follows:

a) Organizations and individuals submit one declaration form requesting registration according to Form 13 and Form 14 attached to this Decree to the People's Committee of the commune directly at the One-Stop Service Center or through postal services or by proxy in accordance with the provisions of the law or online at the National Public Service Portal.

Organizations and individuals must carry out the registration before constructing works;

b) Within seven working days from the date of receipt of the declaration form of organizations and individuals, the specialized department on agriculture and environment of the People's Committee of the commune shall be responsible for checking the information and submitting it to the Chairman of the People's Committee of the commune for confirmation of the registration;

c) In cases where organizations and individuals have already registered for underground water exploitation but do not continue to exploit or use it, they must notify and return the registration confirmation certificate to the People's Committee of the commune and implement the plugging and filling of unused wells in accordance with regulations.

In cases where organizations and individuals have been confirmed by the competent authority for registration and require adjustments to the content of the registration declaration form, they shall follow the new registration procedures.”

19. Amend and supplement Article 26 as follows:

“Article 26. Procedures and formalities for registering surface water exploitation, seawater exploitation, surface water usage, pond, lake, river, stream, canal, ditch excavation

1. Procedures and formalities for registering surface water exploitation, seawater exploitation, surface water usage, pond, lake, river, stream, canal, ditch excavation:

a) Organizations and individuals submit one declaration form requesting registration according to Form 15, Form 16, Form 17, and Form 18 attached to this Decree to the People's Committee of the province or to the People's Committee of the commune directly at the One-Stop Service Center or through postal services or by proxy in accordance with the provisions of the law or online at the National Public Service Portal.

Organizations and individuals must carry out the registration before excavation, construction, or building works.

The Department of Agriculture and Environment shall be responsible for organizing the review of the content of the declaration form and submitting it to the Chairman of the People's Committee of the province for confirmation. In cases where organizations and individuals submit the declaration form to the People's Committee of the commune, the People's Committee of the commune shall be responsible for sending the registration declaration form to the Department of Agriculture and Environment;

b) Within seven working days from the date of receipt of the registration declaration form of organizations and individuals, the Department of Agriculture and Environment shall be responsible for checking the information and submitting it to the competent authority for confirmation of the registration.

In cases where the water exploitation project is a reservoir or dam, the competent authority shall confirm the registration within twenty working days.

2. In cases where organizations and individuals have already registered for surface water exploitation, seawater exploitation, surface water usage, pond, lake, river, stream, canal, ditch excavation and do not continue to exploit or use them, they must notify in writing the cessation of exploitation and use and return the registration confirmation certificate to the People's Committee of the province.

In cases where organizations and individuals have been confirmed by the competent authority for registration and require adjustments to the content of the registration confirmation certificate, they shall follow the new registration procedures.”

20. Amend and supplement Clause 1 of Article 29 as follows:

“1. Annually, before January 30 of the following year, the holder of the permit shall prepare a report on the situation of water resource exploitation according to Form 60, Form 61, and Form 62 attached to this Decree and submit it to the file examination agency, the Department of Industry and Trade (for hydropower and thermal power projects) at the location of the project.

In cases where the issuance of the permit is under the authority of the Minister of Agriculture and Rural Development, the permit holder must also submit it to the Department of Agriculture and Rural Development at the location of the project.”

21. Amend and supplement Article 30 as follows:

“Article 30. Conditions for issuing permits, validity period of permits for drilling underground water

1. Organizations and individuals engaged in drilling underground water must have the head of the organization or the person primarily responsible for technical matters (hereinafter referred to collectively as the person primarily responsible for technical matters) meeting the following conditions:

a) Having a professional qualification of a college degree or higher in geology, drilling, or a drilling worker with skill level 3/7 or equivalent and above;

b) Directly participating in drafting at least two exploration plans, reports, or design systems of extraction wells or directing the construction of at least two underground water drilling projects;

c) In cases where the conditions stipulated in points a and b of this clause are not met, the person primarily responsible for technical matters has directly constructed at least five underground water drilling projects.

2. Organizations and individuals granted permits for drilling underground water can operate drilling underground water nationwide and drill and install boreholes and wells in various projects for investigation, assessment, exploration, exploitation of underground water, and other drilling projects.

3. The validity period of the permit for drilling underground water is a maximum of ten years and may be extended multiple times, with each extension not exceeding five years.”

22. Amend and supplement Article 32 as follows:

“Article 32. Authority for issuing, extending, reissuing, approving temporary suspension, suspending effectiveness, and revoking permits for drilling underground water”

1. The Chairman of the People's Committee at the provincial level shall issue, extend, reissue, approve the return, suspend the effect, and revoke the underground water drilling business license for organizations with their main offices within the administrative area and individuals with permanent residence registration within the administrative area.

Based on work requirements, implementation capacity, resources, actual conditions, and specific circumstances, the Chairman of the People's Committee at the provincial level decides to delegate the Department of Agriculture and Rural Development to implement the provisions of this clause in accordance with the Law on Organization of Local Administration.

2. The agency receiving and delivering results (hereinafter referred to as the receiving agency): The One-stop Public Service Center is responsible for receiving applications and delivering the results of administrative procedures.

3. The agency reviewing and managing files and licenses (hereinafter referred to as the file review agency): The Department of Agriculture and Rural Development is responsible for organizing the review and management of files and underground water drilling business licenses.

23. Amend and supplement Article 33 as follows:

“Article 33. Obligations and Responsibilities of Organizations and Individuals Engaged in Underground Water Drilling Business”

After being issued a business license for underground water drilling, organizations and individuals have the following obligations and responsibilities:

1. Ensuring safety for people and underground water drilling construction projects, preventing subsidence, land sinking, saltwater intrusion, pollution of aquifers, and implementing other measures to protect underground water and the environment.

2. Adhering to drilling technical procedures and regulations for protecting underground water; ensuring that the person primarily responsible for technical matters must be present at the construction site to direct during the drilling and well installation period; in case of subsidence or other abnormal incidents affecting construction projects and the lives of local residents, immediately stop construction, promptly address and rectify the situation, and bear full responsibility for compensating all losses caused by the incident, while reporting immediately to the local authorities and the Department of Agriculture and Rural Development where the project is located.

3. Notifying in writing about the location, scale of the underground water drilling project, and the expected construction time to the People's Committee of the commune where the project is located at least nine days before construction begins.

4. Within thirty days after the completion of construction, updating information and data about geological structure and strata at drilling locations into the National Groundwater Information System and Database.

5. Notifying in writing to the competent authority issuing the permit at least thirty days in advance when there is a change in the person primarily responsible for technical matters. At the same time, attaching proof of the technical capabilities of the person primarily responsible for technical matters as stipulated in Clause 1 of Article 30 of this Decree.

6. Annually, before January 30 of the following year, compiling a report on completed underground water drilling projects according to Model 56 attached to this Decree and submitting it to the Department of Agriculture and Rural Development of the locality issuing the permit.

24. Amend and supplement Article 34 as follows:

“Article 34. Issuance of Underground Water Drilling Business License

1. The application for issuance of an underground water drilling business license includes:

a) A request for issuance of a license prepared according to Model 49 attached to this Decree;

b) An original or certified copy, or a copy accompanied by the original for comparison, or an electronically certified copy from the original, or a photograph copy confirmed by the issuing authority of the certificate of the person primarily responsible for technical matters as stipulated by law and the labor contract between the organization or individual applying for the license and the person primarily responsible for technical matters;

c) A statement of professional experience in underground water drilling activities of the person primarily responsible for technical matters of the organization or individual applying for the license prepared according to Model 52 attached to this Decree.

2. Licensing procedure:

a) Organizations and individuals applying for permits submit one set of application files directly at the One-Stop Service Center or through postal services or through authorized representatives as prescribed by law, or online at the National Public Service Portal;

b) The agency receiving the dossier shall be responsible for reviewing and checking the accuracy and completeness of the dossier. In cases of online submission, the time for receipt and examination shall be carried out in accordance with the regulations on administrative procedures; in cases of direct submission or through postal services, the receipt and examination shall be completed within one working day.

In cases where the application is incomplete or inaccurate according to regulations, the receiving agency guides the representative of the organization or individual to supplement and complete the application and clearly informs the organization or individual applying for the license of the reasons. If the application is valid, the receiving agency transfers the application to the agency specified in Clause 3 of Article 32 of this Decree for review;

c) Within twelve working days from the date of receipt of a complete application as stipulated in point b of this clause, the file review agency is responsible for notifying the organization or individual applying for the license to pay the review fee and reviewing the application for issuance of the license.

If the conditions for issuance of the license are met, the file review agency submits the application to the authorized person to issue the license; if the conditions for issuance are not met, the application is returned to the organization or individual applying for the license and the reasons are notified in writing;

d) If supplementation or correction is required to complete the application, the file review agency sends a notification letter to the organization or individual applying for the license specifying the contents that need to be supplemented or completed. The time for supplementation or completion of the application is not included in the review period. The review period after the application is completed is five working days.”

25. Amend and supplement Article 35 as follows:

“Article 35. Extension of Underground Water Drilling Business License

1. The extension of the underground water drilling business license is based on the conditions stipulated in Clause 1 of Article 30 of this Decree, and the application for extension must be submitted at least thirty days before the expiration of the license.

2. In cases where organizations or individuals fail to submit the application for extension within the time limit stipulated in Clause 1 of this Article, they must submit a new application for issuance of a license.

3. The components of the application for extension of the underground water drilling business license include:

a) A request for extension of the license prepared according to Model 50 attached to this Decree;

b) In the case of an application for extension of the license where there is a change in the person primarily responsible for technical matters, in addition to the document requesting the extension of the license, it is also necessary to submit the documents as stipulated in points b and c, Clause 1, Article 34 of this Decree to prove the qualifications of the person primarily responsible for technical matters as prescribed. The professional experience declaration of the person primarily responsible for technical matters shall be prepared according to Form 52 attached as an appendix to this Decree.

4. Procedures for extending the underground water drilling business license:

a) Organizations and individuals applying for an extension of the license shall submit one set of documents directly at the One-Stop Service Center or through postal services or by proxy in accordance with the provisions of the law, or online at the National Public Service Portal;

b) The agency receiving the dossier shall be responsible for reviewing and checking the accuracy and completeness of the dossier. In cases of online submission, the time for receipt and examination shall be carried out in accordance with the regulations on administrative procedures; in cases of direct submission or through postal services, the receipt and examination shall be completed within one working day.

In cases where the application is incomplete or inaccurate according to regulations, the receiving agency guides the representative of the organization or individual to supplement and complete the application and clearly informs the organization or individual applying for the license of the reasons. If the application is valid, the receiving agency transfers the application to the agency specified in Clause 3 of Article 32 of this Decree for review;

c) Within six working days from the date of receipt of complete documents as stipulated in point b of this clause, the licensing authority shall be responsible for reviewing the application documents and sending a notification of payment for the review to the organization or individual.

If the conditions for issuing the license are met, the licensing authority shall submit the application to the competent authority for issuance of the license; if the conditions for issuing the license are not met, the licensing authority shall return the documents to the organization or individual and notify them in writing of the reasons.

d) In cases where additional information or corrections are required to complete the application, the licensing authority shall send a written notice to the organization or individual specifying the contents that need to be supplemented or completed. The time taken to supplement or complete the application documents will not be included in the review period. The review period after the completion of the supplementary documents is three working days.”

26. Amend and supplement some clauses of Article 36 as follows:

a) To amend and supplement Clause 3 as follows:

“3. Documents for applying for reissue or return of the underground water drilling business license include:

a) A request for reissue or return of the license prepared according to Form 51 attached as an appendix to this Decree;

b) Documentation proving the reason for requesting a reissue of the license (in cases of name change, transfer of ownership, handover, merger, division, restructuring of organizations).”

b) Amend and supplement Clause 4 as follows:

“4. Procedures for reissuing or returning the underground water drilling business license:

a) Organizations and individuals applying for reissue or return of the license shall submit one set of documents directly at the One-Stop Service Center or through postal services or by proxy in accordance with the provisions of the law, or online at the National Public Service Portal;

b) The agency receiving the dossier shall be responsible for reviewing and checking the accuracy and completeness of the dossier. In cases of online submission, the time for receipt and examination shall be carried out in accordance with the regulations on administrative procedures; in cases of direct submission or through postal services, the receipt and examination shall be completed within one working day.

In cases where the application is incomplete or inaccurate according to regulations, the receiving agency guides the representative of the organization or individual to supplement and complete the application and clearly informs the organization or individual applying for the license of the reasons. If the application is valid, the receiving agency transfers the application to the agency specified in Clause 3 of Article 32 of this Decree for review;

c) Within five working days from the date of receipt of complete documents as stipulated in point b of this clause, the licensing authority shall be responsible for reviewing the documents and submitting them to the competent authority for approval to issue or return the license.

The validity period recorded on the reissued license shall be the remaining period of the previously issued license. In cases where the application for reissue does not meet the conditions, the receiving authority shall return the documents to the organization or individual and notify them in writing of the reasons.”

27. Amend and supplement Clause 2 of Article 43 as follows:

“2. Organizations and individuals exploiting water resources are exempted from the fee for the right to exploit water resources under the circumstances specified in Clause 3, Article 69 of the Water Resources Law.

a) For projects or works providing water only for domestic purposes under the circumstances specified in point a, Clause 3, Article 69 of the Water Resources Law, the project owner must submit documents to prove the basis for exemption from the fee for the right to exploit water resources along with the application for a water resource exploitation license;

b) For projects under the circumstances specified in point b, Clause 3, Article 69 of the Water Resources Law, the project owner must submit a guarantee letter to prove the basis for exemption from the fee for the right to exploit water resources along with the application for a water resource exploitation license.”

28. Amend and supplement some points and clauses of Article 47 as follows:

a) Add point c1 after point c of Clause 4 as follows:

“c1) For surface water extraction works for aquaculture that were operational before July 1, 2024, the period from July 1, 2024 to the expiration date of the license; for surface water extraction works for aquaculture that became operational after July 1, 2024, the period from the date of operation to the expiration date of the license.

For surface water extraction works that have been granted a water resource exploitation license but have not yet received approval from the competent authority for the fee for the right to exploit water resources for aquaculture, the license holder must complete the preliminary payment for the fee for the right to exploit surface water resources for aquaculture by December 31, 2026;”

b) Amend and supplement point d of Clause 5 as follows:

“d) For production facilities (including production facilities supplying clean water in industrial zones, export processing zones, high-tech zones, and industrial functional areas within economic zones), businesses, and service providers extracting water for living purposes and other uses within their premises, the total volume of water used shall be counted towards the production, business, and service activities of such facilities.

In cases where water is supplied outside the premises of production facilities, businesses, and service providers, the volume of water supplied outside these premises shall be determined separately for each purpose as provided in point b of this clause;”

29. Amend and supplement some points of Clause 2 of Article 48 as follows:

“c) A Level 3 budget unit is a Bureau-level unit or equivalent directly under the Ministry of Public Security shall appoint a department-level leader responsible for financial and accounting functions to appoint an accounting manager; for a Level 3 budget unit that is a department-level unit or equivalent, if the organizational structure includes a team-level unit directly subordinate with at least 20 officers performing financial, accounting, logistics, or political-logistics functions, then a team-level commander should be appointed to appoint an accounting manager.”

“c) The price for calculating the fee for the right to exploit water resources for mineral extraction and processing facilities, sawmills:

For the volume of water extracted for mineral extraction, the price for calculating the fee for the right to exploit water resources is the price for calculating the natural resource tax for mineral extraction.

For the volume of water extracted for other purposes than mineral extraction, the price for calculating the fee for the right to exploit water resources is the price for calculating the natural resource tax for other purposes;”

b) Amending and supplementing Point d Clause 2 as follows:

“d) The price for calculating the fee for the right to exploit water resources for commercial service and production facilities (including water supply facilities for industrial zones, export processing zones, high-tech zones, and industrial functional areas within economic zones), except for the cases specified in points a, b, and c of this clause, is the price for calculating the natural resource tax for other purposes.”

30. Amend and supplement some clauses of Article 49 as follows:

a) To amend and supplement Clause 3 as follows:

"3. The coefficient for the type of water source exploited (K2) is determined based on the type of water source, including surface water and groundwater extracted by organizations and individuals. In cases where groundwater extraction facilities such as wells, excavations, shafts, tunnels, exposed veins, or caves are located within restricted groundwater exploitation zones, the K2 coefficient shall be determined according to the restricted groundwater exploitation zone."

b) Amend and supplement Clause 4 as follows:

"4. The exploitation condition coefficient (K3) is determined based on the specific conditions of the water source exploited by organizations and individuals. In cases where groundwater extraction facilities consist of multiple wells, the K3 coefficient is determined based on the average depth of the filter screens of these wells."

31. Amend and supplement Article 50 as follows:

Article 50. Competence to Approve and Agencies Receiving and Reviewing Payment for Water Resource Exploitation Rights

"1. The Minister of Agriculture and Rural Development and the Chairman of the People's Committee of the province shall approve, adjust, and recover payments for water resource exploitation rights for cases within their authority to issue exploitation permits.

2. The agency receiving and delivering results (hereinafter referred to as the receiving agency) includes:

a) The administrative procedure service unit of the Ministry of Agriculture and Rural Development is responsible for receiving applications and delivering results of administrative procedures within the approval authority of the Ministry of Agriculture and Rural Development;

b) The public administrative service center is responsible for receiving applications and delivering results of administrative procedures within the approval authority of the Chairman of the People's Committee of the province.

3. The agency reviewing, managing files, and approving decisions (hereinafter referred to as the file review agency) includes:

a) The specialized agency on water resources under the Ministry of Agriculture and Rural Development is responsible for organizing reviews and managing files, and making approval decisions on payments for water resource exploitation rights for cases within the approval authority of the Ministry of Agriculture and Rural Development;

b) The Department of Agriculture and Rural Development is responsible for organizing reviews and managing files, and making approval decisions on payments for water resource exploitation rights for cases within the approval authority of the Chairman of the People's Committee of the province.

4. The budget for activities related to reviewing files and calculating payments for water resource exploitation rights shall be allocated from the state budget according to the regulations on the state budget."

32. Amend and supplement Article 51 as follows:

"Article 51. Procedures and Formalities for Calculating Payments for Water Resource Exploitation Rights

1. Procedures for receiving, reviewing, and approving payments for water resource exploitation rights for operational facilities:

a) The application for calculating payments for water resource exploitation rights includes Form 57 attached as an appendix to this Decree and supporting documents to verify the information provided in the application."

b) Việc tiếp nhận, thẩm định hồ sơ tính tiền cấp quyền khai thác tài nguyên nước được thực hiện đồng thời với việc tiếp nhận, thẩm định hồ sơ đề nghị cấp, gia hạn, điều chỉnh giấy phép khai thác tài nguyên nước;

c) Đối với công trình đã được cấp giấy phép về tài nguyên nước để cấp cho sinh hoạt và chưa được cấp có thẩm quyền phê duyệt tiền cấp quyền khai thác tài nguyên nước trước ngày 01 tháng 7 năm 2024 thì trình tự, thủ tục tính tiền cấp quyền khai thác tài nguyên nước theo quy định tại các điểm b, c và d khoản 2 Điều này. Việc thực hiện nộp hồ sơ tính tiền cấp quyền khai thác tài nguyên nước được thực hiện bắt đầu từ ngày 01 tháng 7 năm 2025.

2. Trình tự tiếp nhận, thẩm định, phê duyệt tiền cấp quyền khai thác tài nguyên nước đối với công trình chưa vận hành tại thời điểm cấp phép khai thác:

a) Trong thời hạn 30 ngày, kể từ ngày công trình khai thác nước bắt đầu vận hành, chủ giấy phép phải nộp hồ sơ tính tiền cấp quyền khai thác tài nguyên nước;

b) Hồ sơ tính tiền cấp quyền khai thác tài nguyên nước theo quy định tại điểm a khoản 1 Điều này;

c) Chủ giấy phép nộp 01 bộ hồ sơ trực tiếp tại Bộ phận một cửa hoặc qua dịch vụ bưu chính hoặc qua ủy quyền theo quy định của pháp luật hoặc trực tuyến tại Cổng Dịch vụ công quốc gia.

Cơ quan tiếp nhận hồ sơ có trách nhiệm xem xét, kiểm tra tính chính xác, đầy đủ của hồ sơ. Đối với trường hợp nộp trực tuyến, thời gian tiếp nhận và kiểm tra thực hiện theo quy định của pháp luật về thủ tục hành chính; đối với trường hợp nhận trực tiếp hoặc qua dịch vụ bưu chính, việc tiếp nhận và kiểm tra trong thời gian 01 ngày làm việc.

Trường hợp hồ sơ chưa đầy đủ, chưa chính xác theo quy định, cơ quan tiếp nhận hồ sơ hướng dẫn đại diện tổ chức, cá nhân bổ sung, hoàn thiện hồ sơ và thông báo rõ lý do cho tổ chức, cá nhân đề nghị cấp phép. Trường hợp hồ sơ hợp lệ thì cơ quan tiếp nhận chuyển hồ sơ cho cơ quan thẩm định quy định tại khoản 3 Điều 50 của Nghị định này để tổ chức thẩm định;

d) Trong thời hạn 10 ngày làm việc, kể từ ngày nhận đủ hồ sơ theo quy định tại điểm b khoản này, cơ quan thẩm định hồ sơ có trách nhiệm tổ chức thẩm định hồ sơ tính tiền cấp quyền, nếu cần thiết thì thành lập Hội đồng thẩm định hồ sơ tính tiền cấp quyền khai thác tài nguyên nước.

Trường hợp đủ điều kiện, cơ quan thẩm định hồ sơ trình cấp có thẩm quyền phê duyệt; trường hợp không đủ điều kiện thì cơ quan thẩm định trả lại hồ sơ cho chủ giấy phép và thông báo rõ lý do bằng văn bản; trường hợp phải bổ sung, chỉnh sửa để hoàn thiện thì cơ quan thẩm định hồ sơ gửi văn bản thông báo cho chủ giấy phép nêu rõ những nội dung cần bổ sung, hoàn thiện hồ sơ. Thời gian bổ sung, hoàn thiện không tính vào thời gian thẩm định hồ sơ. Thời gian thẩm định sau khi được bổ sung hoàn chỉnh là 10 ngày làm việc.

3. Trường hợp công trình đã được phê duyệt tiền cấp quyền khai thác tài nguyên nước mà chỉ có sự thay đổi tên chủ giấy phép (cấp lại) và không có sự thay đổi các căn cứ tính tiền cấp quyền theo Quyết định phê duyệt tiền cấp quyền đã phê duyệt trước đó thì không phải điều chỉnh lại Quyết định phê duyệt tiền cấp quyền. Trong nội dung giấy phép cấp lại phải quy định rõ việc chủ giấy phép mới phải thực hiện các nghĩa vụ tài chính, trong đó có tiền cấp quyền khai thác tài nguyên nước đã được phê duyệt tại Quyết định phê duyệt tiền cấp quyền trước đó."

33. Sửa đổi, bổ sung một số điểm, khoản của Điều 52 như sau:

a) Sửa đổi điểm k khoản 1 như sau:

“k) Đối với trường hợp chủ giấy phép trả lại giấy phép đã được cấp;”

b) Bổ sung điểm k1 vào sau điểm k khoản 1 như sau:

“k1) Đối với trường hợp khi cấp có thẩm quyền quyết định thu hồi giấy phép;”

c) Sửa đổi, bổ sung khoản 2 như sau:

“2. Trình tự, thủ tục điều chỉnh tiền cấp quyền khai thác tài nguyên nước:

a) Đối với trường hợp quy định tại điểm a khoản 1 Điều này, tổ chức, cá nhân nộp Bản kê khai tính tiền cấp quyền khai thác tài nguyên nước theo Mẫu 57 tại Phụ lục kèm theo Nghị định này. Việc tiếp nhận, thẩm định hồ sơ được thực hiện đồng thời với việc tiếp nhận, thẩm định hồ sơ đề nghị điều chỉnh giấy phép khai thác tài nguyên nước;

b) Đối với trường hợp quy định tại các điểm b, c, đ, e, g, h, i và k khoản 1 Điều này thì chủ giấy phép nộp Bản kê khai tính tiền cấp quyền khai thác tài nguyên nước theo Mẫu 57 tại Phụ lục kèm theo Nghị định này và các tài liệu để chứng minh đến cơ quan tiếp nhận hồ sơ quy định tại khoản 2 Điều 50 của Nghị định này. Cơ quan tiếp nhận chuyển hồ sơ cho cơ quan thẩm định quy định tại khoản 3 Điều 50 của Nghị định này để tổ chức thẩm định.

Trong thời hạn 11 ngày làm việc, kể từ ngày nhận đủ hồ sơ, cơ quan thẩm định hồ sơ có trách nhiệm tổ chức thẩm định hồ sơ tính tiền cấp quyền, nếu cần thiết thì thành lập Hội đồng thẩm định hồ sơ tính tiền cấp quyền khai thác tài nguyên nước.

Trường hợp đủ điều kiện, cơ quan thẩm định hồ sơ trình cấp có thẩm quyền phê duyệt; trường hợp không đủ điều kiện thì cơ quan thẩm định trả lại hồ sơ cho chủ giấy phép và thông báo rõ lý do bằng văn bản; trường hợp phải bổ sung, chỉnh sửa để hoàn thiện thì cơ quan thẩm định hồ sơ gửi văn bản thông báo cho chủ giấy phép nêu rõ những nội dung cần bổ sung, hoàn thiện hồ sơ, thời gian bổ sung, hoàn thiện không tính vào thời gian thẩm định hồ sơ. Thời gian thẩm định sau khi được bổ sung hoàn chỉnh là 07 ngày làm việc;

c) Đối với trường hợp quy định tại điểm d khoản 1 Điều này thì trình tự, thủ tục tính tiền cấp quyền khai thác tài nguyên nước theo quy định tại khoản 2 Điều 51 của Nghị định này và áp dụng giá tính tiền tại quyết định phê duyệt tiền cấp quyền khai thác tài nguyên nước liền trước đó;

d) Khi điều chỉnh tiền cấp quyền khai thác tài nguyên nước phải căn cứ vào giá tính tiền cấp quyền khai thác tài nguyên nước tại thời điểm cấp có thẩm quyền tiếp nhận đầy đủ, hợp lệ hồ sơ điều chỉnh tiền cấp quyền khai thác tài nguyên nước. Đối với trường hợp quy định tại các điểm c, e, i, k và k1 khoản 1 Điều này thì giá tính tiền cấp quyền theo quyết định phê duyệt tiền cấp quyền liền trước đó;

đ) Đối với trường hợp quy định tại điểm k1 khoản 1 Điều này thì cấp có thẩm quyền quyết định thu hồi giấy phép đồng thời ban hành quyết định điều chỉnh tiền cấp quyền khai thác tài nguyên nước;

e) Khi điều chỉnh tiền cấp quyền khai thác tài nguyên nước đối với trường hợp quy định tại các điểm c, e, i, k và k1 khoản 1 Điều này được tính theo các thông số, căn cứ đã được phê duyệt tại quyết định phê duyệt tiền cấp quyền khai thác tài nguyên nước liền trước đó.”;

d) Sửa đổi, bổ sung khoản 4 như sau:

“4. Khi truy thu tiền cấp quyền khai thác tài nguyên nước phải được tính theo các thông số, căn cứ, giá tính tiền cấp quyền khai thác tài nguyên nước theo quyết định phê duyệt tiền cấp quyền khai thác tài nguyên nước liền trước đó.

Trường hợp phát sinh khai thác cho mục đích sử dụng nước phải nộp tiền nhưng chưa được phê duyệt tiền cấp quyền khai thác tài nguyên nước thì được tính theo giá tính tiền cấp quyền tại thời điểm ban hành quyết định truy thu.”.

đ) Sửa đổi, bổ sung khoản 6 như sau:

“6. Đối với trường hợp truy thu tiền cấp quyền, khi cấp thẩm quyền phê duyệt tiền cấp quyền khai thác tài nguyên nước phát hiện trường hợp quy định tại khoản 3 Điều này hoặc có văn bản đề nghị của chủ giấy phép (nêu rõ lý do, thời gian truy thu) về việc truy thu tiền cấp quyền khai thác tài nguyên nước thuộc trường hợp quy định tại khoản 3 Điều này, trong thời hạn 15 ngày làm việc, kể từ ngày phát hiện trường hợp phải truy thu và nhận đầy đủ hồ sơ, tài liệu chứng minh làm căn cứ xác định số tiền phải truy thu, cơ quan nhà nước có thẩm quyền có trách nhiệm xem xét quyết định truy thu.”.

34. Sửa đổi, bổ sung một số khoản của Điều 57 như sau:

a) Sửa đổi, bổ sung khoản 3 như sau:

“3. Trách nhiệm của Ủy ban nhân dân cấp tỉnh:

a) Chỉ đạo cơ quan chuyên môn tổ chức thực hiện nội dung quy định tại các điểm a, b, c, d, e và g khoản 1 Điều này trên địa bàn tỉnh;

b) Chỉ đạo cơ quan chuyên môn phối hợp với Ủy ban nhân dân cấp xã tổ chức việc thực hiện phổ biến, tuyên truyền, hướng dẫn việc kê khai trên ứng dụng kê khai, đăng ký khai thác, sử dụng tài nguyên nước thuộc địa bàn nhằm đảm bảo thực thi hiệu quả, nâng cao nhận thức về bảo vệ tài nguyên nước, khai thác, sử dụng nước tiết kiệm, hiệu quả;

c) Chỉ đạo cơ quan chuyên môn và Ủy ban nhân dân cấp xã thực hiện các trách nhiệm khác theo quy định của Nghị định này.”;

b) Sửa đổi, bổ sung tên khoản 4 như sau:

“4. Trách nhiệm của Ủy ban nhân dân cấp xã:”

35. Sửa đổi, bổ sung khoản 3 Điều 58 như sau:

“3. Đối với công trình ngăn sông, suối, kênh, mương, rạch với mục đích ngăn mặn, tạo nguồn, chống ngập, tạo cảnh quan và cống ngăn sông, suối, kênh, mương, rạch với mục đích ngăn mặn, tạo nguồn, chống ngập, tạo cảnh quan đã xây dựng, vận hành trước ngày Nghị định này có hiệu lực thi hành mà thuộc trường hợp phải đăng ký, cấp phép khai thác tài nguyên nước theo quy định tại Nghị định này thì phải hoàn thành việc đăng ký, cấp phép khai thác tài nguyên nước theo quy định của Nghị định này chậm nhất là ngày 30 tháng 6 năm 2027.”.

36. Thay thế một số cụm từ sau đây:

a) Thay thế từ “đơn” bằng cụm từ “văn bản” tại điểm a khoản 1, điểm a khoản 2 và khoản 3 Điều 17; điểm a khoản 1, điểm a khoản 2 và khoản 3 Điều 18; điểm a khoản 1, điểm a khoản 2 và khoản 3 Điều 19; khoản 1 và khoản 3 Điều 20; điểm a, c khoản 1 và điểm a, b khoản 2 Điều 21;

b) Thay thế cụm từ “Bộ Tài nguyên và Môi trường” bằng cụm từ “Bộ Nông nghiệp và Môi trường” tại khoản 1, điểm b khoản 2 Điều 55; khoản 1, khoản 2 Điều 57;

c) Thay thế cụm từ “Sở Tài nguyên và Môi trường” bằng cụm từ “Sở Nông nghiệp và Môi trường” tại khoản 6 Điều 7; khoản 2 Điều 33;

d) Thay thế cụm từ “42 ngày” bằng cụm từ “30 ngày làm việc” tại khoản 1 Điều 28;

đ) Thay thế cụm từ “cơ quan nhà nước có thẩm quyền” bằng cụm từ “cấp có thẩm quyền” tại khoản 2 Điều 5; điểm h khoản 2 Điều 6; khoản 1 Điều 8, điểm đ khoản 1 Điều 12; khoản 2 Điều 13; Điều 27; khoản 1 và khoản 2 Điều 28; khoản 1 Điều 39; khoản 3 Điều 46; điểm b khoản 5 Điều 47; khoản 6 Điều 48; khoản 1, điểm b khoản 3 và khoản 5 Điều 52; khoản 1 Điều 53; khoản 1 Điều 54; điểm a khoản 5 Điều 57; khoản 5, khoản 10 và khoản 11 Điều 58;

e) Thay thế cụm từ “Cục thuế” bằng từ “Thuế” tại khoản 5 Điều 52, khoản 1 và khoản 2 Điều 53, khoản 2 Điều 55, khoản 2 Điều 56;

g) Thay thế cụm từ “Tổng Cục thuế” bằng từ “Cục thuế” tại khoản 1 Điều 55.

37. Bãi bỏ một số điểm, khoản, điều và một số cụm từ sau đây:

a) Bãi bỏ điểm b, điểm d khoản 1 và điểm c khoản 2 Điều 18; điểm c, điểm d khoản 1 và điểm c khoản 2 Điều 19; Điều 31; điểm d khoản 2 và khoản 4 Điều 37; điểm a và điểm c khoản 3 Điều 39;

b) Bãi bỏ cụm từ “thanh tra,” ở điểm b khoản 1 Điều 57.

38. Thay thế các Phụ lục của Nghị định số 54/2024/NĐ-CP như sau:

a) Thay thế Phụ lục I ban hành kèm theo Nghị định số 54/2024/NĐ-CP bằng Phụ lục I ban hành kèm theo Nghị định này;

b) Thay thế Phụ lục II ban hành kèm theo Nghị định số 54/2024/NĐ-CP bằng Phụ lục II ban hành kèm theo Nghị định này;

c) Thay thế Phụ lục III ban hành kèm theo Nghị định số 54/2024/NĐ-CP bằng Phụ lục III ban hành kèm theo Nghị định này;

d) Thay thế Phụ lục IV ban hành kèm theo Nghị định số 54/2024/NĐ-CP bằng Phụ lục IV ban hành kèm theo Nghị định này;

đ) Thay thế Phụ lục V ban hành kèm theo Nghị định số 54/2024/NĐ-CP bằng Phụ lục V ban hành kèm theo Nghị định này;

e) Thay thế Phụ lục VI ban hành kèm theo Nghị định số 54/2024/NĐ-CP bằng Phụ lục VI ban hành kèm theo Nghị định này.

Điều 3. Quy định chuyển tiếp

1. Tổ chức, cá nhân đã được cơ quan nhà nước, người có thẩm quyền tiếp nhận hồ sơ để giải quyết theo thủ tục hành chính trước ngày Nghị định này có hiệu lực thi hành mà chưa có kết quả giải quyết thủ tục hành chính thì tiếp tục được giải quyết theo quy định của pháp luật tại thời điểm tiếp nhận; trừ trường hợp tổ chức, cá nhân đề nghị thực hiện theo quy định của Nghị định này.

2. Trường hợp tổ chức, cá nhân đã được tiếp nhận hồ sơ đề nghị cấp, gia hạn, điều chỉnh giấy phép khai thác tài nguyên nước cho công trình đã vận hành mà chưa được tiếp nhận hồ sơ tính tiền cấp quyền khai thác tài nguyên nước trước ngày Nghị định này có hiệu lực thi hành thì trong vòng 07 ngày làm việc kể từ ngày nhận được thông báo của cấp có thẩm quyền, tổ chức, cá nhân bổ sung hồ sơ tính tiền cấp quyền khai thác tài nguyên nước cho cơ quan có thẩm quyền để thẩm định theo trình tự, thủ tục quy định tại điểm b, c và điểm d khoản 2 Điều 51 của Nghị định số 54/2024/NĐ-CP ngày 16 tháng 5 năm 2024 của Chính phủ quy định việc hành nghề khoan nước dưới đất, kê khai, đăng ký, cấp phép, dịch vụ tài nguyên nước và tiền cấp quyền khai thác tài nguyên nước.

3. Trường hợp tổ chức, cá nhân đã được cấp giấy phép cho công trình đã vận hành mà chưa được tiếp nhận hồ sơ tính tiền cấp quyền khai thác tài nguyên nước trước ngày Nghị định này có hiệu lực thi hành thì tổ chức, cá nhân nộp hồ sơ tính tiền cấp quyền khai thác tài nguyên nước cho cơ quan có thẩm quyền trước ngày 28 tháng 02 năm 2026 để thẩm định theo trình tự, thủ tục quy định tại điểm b, c và điểm d khoản 2 Điều 51 của Nghị định số 54/2024/NĐ-CP ngày 16 tháng 5 năm 2024 của Chính phủ quy định việc hành nghề khoan nước dưới đất, kê khai, đăng ký, cấp phép, dịch vụ tài nguyên nước và tiền cấp quyền khai thác tài nguyên nước.

4. Trong thời hạn 06 tháng kể từ ngày Nghị định này có hiệu lực thi hành, cơ quan quản lý hồ sơ, giấy phép có trách nhiệm chuyển giao hồ sơ, giấy phép, quyết định phê duyệt tiền cấp quyền đã hoàn thành mà có sự thay đổi thẩm quyền cho cơ quan quản lý hồ sơ, giấy phép theo thẩm quyền quy định tại Nghị định này.

5. Đối với các quy hoạch tổng hợp lưu vực sông liên tỉnh đã lập hoặc điều chỉnh mà chưa được phê duyệt thì được tiếp tục lập, thẩm định theo quy định Nghị định số 53/2024/NĐ-CP ngày 16 tháng 5 năm 2024 của Chính phủ quy định chi tiết thi hành một số điều của Luật Tài nguyên nước.

6. Đối với quy định về quan trắc, giám sát:

a) Tổ chức, cá nhân có công trình khai thác nước mặt là công trình hồ chứa để phát điện, hồ chứa thủy lợi để phục vụ sản xuất nông nghiệp, nuôi trồng thủy sản và cho các mục đích khác phải hoàn thành việc lắp đặt thiết bị, thực hiện việc quan trắc, tính toán lưu lượng đến hồ theo quy định tại khoản 37 và khoản 38 Điều 1 của Nghị định này trước ngày 01 tháng 7 năm 2026;

b) Tổ chức, cá nhân có công trình khai thác, sử dụng nước mặt là công trình hồ chứa thủy lợi để phục vụ sản xuất nông nghiệp, nuôi trồng thủy sản và cho các mục đích khác đang phải quan trắc để giám sát trực tuyến trước ngày Nghị định này có hiệu lực thì tự quyết định lựa chọn việc tiếp tục quan trắc tự động hoặc chuyển sang quan trắc định kỳ theo quy định của Nghị định này.

7. Văn bản, giấy phép là kết quả giải quyết thủ tục hành chính đã được cơ quan, người có thẩm quyền ban hành trước ngày Nghị định này có hiệu lực thi hành và chưa hết hiệu lực hoặc chưa hết thời hạn thì tiếp tục được áp dụng, sử dụng theo thời hạn ghi trên văn bản, giấy phép đó cho đến khi hết thời hạn.

Trường hợp tổ chức, cá nhân có nhu cầu được cấp, gia hạn, điều chỉnh, cấp lại văn bản, giấy phép thì gửi văn bản đề nghị, hồ sơ đến cấp có thẩm quyền theo quy định của Nghị định này giải quyết.

8. Tổ chức, cá nhân khai thác, sử dụng nước mặt, nước biển thuộc trường hợp phải đăng ký theo quy định của Nghị định này đã được cấp giấy phép khai thác nước mặt, nước biển trước ngày Nghị định này có hiệu lực thi hành được quyền trả lại giấy phép được cấp để thực hiện việc đăng ký theo quy định của Nghị định này hoặc tiếp tục thực hiện đến hết thời hạn ghi trong giấy phép.

9. Tổ chức, cá nhân khai thác nước thuộc trường hợp khai thác nước cho các hoạt động lâm nghiệp và hoạt động dịch vụ có liên quan đến lâm nghiệp đã được cấp giấy phép khai thác tài nguyên nước trước ngày Nghị định này có hiệu lực thi hành được quyền trả lại giấy phép được cấp.

10. Tổ chức, cá nhân khai thác nước mặt cho mục đích thi công công trình hồ chứa, đập dâng và công trình thủy lợi thuộc trường hợp không phải cấp phép theo quy định của Nghị định này đã được cấp giấy phép khai thác nước mặt trước ngày Nghị định này có hiệu lực thi hành được quyền trả lại giấy phép đã được cấp.

Trường hợp tổ chức, cá nhân đã được cấp có thẩm quyền tiếp nhận hồ sơ để giải quyết theo thủ tục hành chính trước ngày Nghị định này có hiệu lực mà chưa có kết quả giải quyết thủ tục hành chính thì cơ quan thẩm định thông báo trả lại hồ sơ đề nghị cấp phép cho tổ chức, cá nhân.

Điều 4. Điều khoản thi hành

1. Nghị định này có hiệu lực thi hành từ ngày 17 tháng 01 năm 2026, trừ trường hợp quy định tại khoản 2 Điều này.

2. Việc lập, thẩm định, phê duyệt, điều chỉnh quy hoạch tổng hợp tài nguyên nước và hạ tầng thủy lợi lưu vực sông liên tỉnh được thực hiện từ ngày 01 tháng 01 năm 2027.

3. Bãi bỏ một số quy định của Nghị định số 131/2025/NĐ-CP ngày 12 tháng 6 năm 2025 quy định phân định thẩm quyền của chính quyền địa phương 02 cấp trong lĩnh vực quản lý nhà nước của Bộ Nông nghiệp và Môi trường:

a) Bãi bỏ Mục 7 Chương II lĩnh vực tài nguyên nước và khoản 4 Điều 48;

b) Bãi bỏ Phụ lục VI kèm theo Nghị định.

4. Bãi bỏ một số quy định của Nghị định số 136/2025/NĐ-CP ngày 12 tháng 6 năm 2025 quy định phân quyền, phân cấp trong lĩnh vực nông nghiệp và môi trường:

a) Bãi bỏ Chương IX phân quyền, phân cấp trong lĩnh vực tài nguyên nước và khoản 7 Điều 63;

b) Bãi bỏ Phụ lục VII kèm theo Nghị định.

5. Các Bộ trưởng, Thủ trưởng cơ quan ngang bộ, Thủ trưởng cơ quan thuộc Chính phủ, Chủ tịch Ủy ban nhân dân tỉnh, thành phố và tổ chức, cá nhân có liên quan chịu trách nhiệm thi hành Nghị định này.