Circular No. 27/2014/TT-BTNMT on registering for groundwater extraction, sample application forms for issuance, extension, amendment, and reissuance of water resources permits

CIRCULAR

Regulations on registering for groundwater exploitation, sample forms for issuance, extension, adjustment, and reissuance of water resource permits.

Reissuance of water resource permit.

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Based on the Law on Water Resources No. 17/2012/QH13 dated June 21, 2012;

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013, promulgated by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 201/2013/NĐ-CP dated November 27, 2013, issued by the Government, detailing the implementation of certain provisions of the Law on Water Resources.

At the proposal of the Director of the National Water Resources Management Agency and the Head of the Legal Department,

The Minister of Natural Resources and Environment hereby stipulates regulations on registering for groundwater exploitation; sample forms, sample permits, content of project proposals, and content of reports in the application for issuance, extension, adjustment, and reissuance of water resource permits.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates regulations on registering for groundwater exploitation; sample forms, sample permits, content of project proposals, and content of reports in the application for issuance, extension, adjustment, and reissuance of water resource permits.

Article 2. Applicability

This Circular applies to agencies, organizations, individuals within the country, and foreign organizations and individuals (hereinafter referred to collectively as organizations and individuals) engaged in activities related to exploration, exploitation, utilization of water resources, and discharge of wastewater into water sources within the territory of the Socialist Republic of Vietnam.

Article 3. Explanation of Terms

1. A groundwater extraction facility is a system comprising one or more wells, shafts, pits, tunnels, exposed veins, or caves for groundwater extraction owned by an organization or individual, with a distance between them not exceeding 1,000 meters.

2. Surface water extraction facilities include reservoirs, dams, weirs, water channels, culverts, and surface water extraction pumping stations.

3. The total extraction volume of groundwater from a facility is the sum of the volumes extracted from all wells, shafts, pits, tunnels, exposed veins, or caves for groundwater extraction belonging to that facility.

4. The affected area of a groundwater extraction facility is the area where the water level or pressure of the aquifer has been lowered by more than 0.5 meters due to the operation of that facility.

5. Production, business, and service establishments discharging wastewater at a scale below 5 m³/day-night but must have a wastewater discharge permit into water sources are those operating in the following fields:

a) Textile dyeing; garment manufacturing with dyeing and printing processes; laundry services with washing and bleaching processes;

b) Metal smelting, metal recycling, metal plating; electronic component production;

c) Industrial waste treatment and recycling; leather processing, leather recycling;

d) Mineral processing using chemicals; oil refining, petroleum product processing;

đ) Paper and pulp production; plastic, rubber, detergent, additive, fertilizer, chemical, pharmaceutical, traditional medicine, cosmetic, pesticide production; battery and accumulator production; rattan and bamboo weaving, wood processing with chemical soaking; cassava starch and monosodium glutamate processing;

e) Medical facilities generating medical wastewater;

g) Conducting experiments using chemicals and radioactive materials.

Chapter II

REGISTRATION FOR GROUNDWATER EXPLOITATION

Article 4. Areas Required to Register for Groundwater Exploitation

1. Areas required to register for groundwater exploitation include:

a) Areas where the groundwater level has already fallen below the permissible drawdown level specified by the People's Committee of the province (hereinafter referred to as the provincial People's Committee); areas where the groundwater level has continuously declined over three (03) years and is at risk of falling below the permissible drawdown level;

b) Areas experiencing land subsidence or deformation of structures caused by groundwater extraction; urban and rural residential areas located in regions with limestone or weak soil structure;

c) Areas experiencing saltwater intrusion caused by groundwater extraction; coastal plains with interwoven freshwater and saline aquifers or areas adjacent to regions with brackish or saline groundwater;

d) Areas already contaminated or at risk of increased contamination due to groundwater extraction; areas within one (01) kilometer of centralized waste disposal sites, landfill sites, cemeteries, and other hazardous waste sources;

đ) Urban and concentrated rural residential areas, export processing zones, industrial parks, craft villages that have been connected to centralized water supply systems and ensure stable water supply in terms of quantity and quality.

2. Based on the characteristics of the aquifers, the current status of groundwater exploitation and use, and local management requirements, the provincial People's Committee shall specify the permissible drawdown level, which shall not exceed half the thickness of the unconfined aquifer and shall not be deeper than 50 meters from the ground surface for confined aquifers.

3. Organizations and individuals with wells extracting groundwater for production, business, and service activities at a scale not exceeding 10 m³/day-night, wells extracting groundwater for household use, cultural, religious, and scientific research activities located in the areas specified in Clause 1 of this Article and having a depth greater than 20 meters must register for groundwater exploitation.

Article 5. Delimitation and Announcement of Areas Required to Register for Underground Water Extraction

1. Delimitation of Areas Required to Register for Underground Water Extraction

a) The Department of Natural Resources and Environment of provinces and centrally-run cities (hereinafter referred to as the Department of Natural Resources and Environment) shall organize the investigation, assessment, and determination of areas required to register for underground water extraction; establish a List of Areas Required to Register for Underground Water Extraction within their jurisdiction.

b) The List of Areas Required to Register for Underground Water Extraction must include the following main contents:

- Geographic location, area, administrative scope of each area;

- Key data and grounds for delimiting each area.

2. Approval of the List of Areas Required to Register for Underground Water Extraction

The Department of Natural Resources and Environment shall submit the List of Areas Required to Register for Underground Water Extraction for approval by the provincial People's Committee after obtaining comments from the National Water Resources Management Agency.

3. Announcement of the List of Areas Required to Register for Underground Water Extraction

The Department of Natural Resources and Environment shall be responsible for organizing the announcement of the approved List of Areas Required to Register for Underground Water Extraction on local mass media, and notifying the district-level People's Committees and commune-level People's Committees (hereinafter collectively referred to as district-level People's Committees and commune-level People's Committees) where there are areas required to register for underground water extraction.

4. Adjustment of the List of Areas Required to Register for Underground Water Extraction

Every five (05) years or when necessary, the Department of Natural Resources and Environment shall review and submit to the provincial People's Committee for a decision on adjusting the List of Areas Required to Register for Underground Water Extraction.

Article 6. Registration for Underground Water Extraction

1. The registration authority for underground water extraction is the commune-level People's Committee or the district-level People's Committee as decided by the provincial People's Committee.

2. Procedure and Formalities for Registration:

a) Based on the approved List of Areas Required to Register for Underground Water Extraction, the head of the residential group, village chief, hamlet chief, phum chief, bản chief, sóc chief (collectively referred to as the residential group head) shall conduct a review, compile a list of organizations and individuals with wells extracting underground water that are required to register within their jurisdiction; notify and distribute two (02) application forms specified in Form No. 38 attached to this Circular to organizations and individuals for declaration.

In cases where there is no existing well, organizations and individuals must complete the registration for extraction before proceeding with drilling.

b) Within ten (10) working days from the date of receipt of the application form, organizations and individuals shall be responsible for completing two (02) application forms and submitting them to the registration authority or delivering them to the residential group head for submission to the commune-level People's Committee. The commune-level People's Committee shall be responsible for submitting the application form to the district-level People's Committee if the registration authority is the district-level People's Committee.

c) Within ten (10) working days from the date of receipt of the application form from organizations and individuals, the registration authority shall be responsible for checking the information content, confirming on the application form, and sending one (01) copy to the organization or individual.

3. If organizations and individuals have registered for underground water extraction but cease to extract or use it, they must notify and return the application form to the registration authority or the residential group head to inform the registration authority and carry out plugging and sealing of unused wells according to regulations.

4. The registration authority shall be responsible for maintaining a record of tracking and updating registration data for underground water extraction within its jurisdiction; annually compiling and reporting registration results to the Department of Natural Resources and Environment. If the registration authority is the commune-level People's Committee, it shall send the registration result report to the district-level People's Committee for compilation and reporting to the Department of Natural Resources and Environment.

Chapter III

APPLICATION FORMS, LICENSES, CONTENT OF PROPOSALS, AND REPORTS IN THE LICENSE APPLICATION FILE

WATER RESOURCES

Article 7. Model application for issuance, extension, adjustment, reissue of water resources exploitation and utilization permit

The application for issuance, extension, adjustment, and reissue of the water resources exploitation and utilization permit shall be prepared according to the model prescribed in Part I of the Appendix attached to this Circular.

Article 8. Model water resources exploitation and utilization permit

The water resources exploitation and utilization permit shall be prepared according to the model prescribed in Part II of the Appendix attached to this Circular.

Article 9. Content of project proposal, report on exploration, exploitation, utilization of water resources, discharge of wastewater into water sources

1. The content of the project proposal, report on exploration, exploitation, utilization of groundwater shall be prepared according to the guidelines set out in Part III of the Appendix attached to this Circular.

2. The content of the project proposal, report on exploitation, utilization of surface water, seawater shall be prepared according to the guidelines set out in Part IV of the Appendix attached to this Circular.

3. The content of the project proposal, report on discharge of wastewater into water sources shall be prepared according to the guidelines set out in Part V of the Appendix attached to this Circular.

Chapter IV

IMPLEMENTATION

Article 10. Effective Date

1. This Circular takes effect from July 15, 2014.

This Circular replaces Circular No. 02/2005/TT-BTNMT dated June 24, 2005 of the Minister of Natural Resources and Environment guiding the implementation of Decree No. 149/2004/NĐ-CP dated July 27, 2004 of the Government on the issuance of permits for exploration, exploitation, utilization of water resources, discharge of wastewater into water sources.

2. Applications for issuance of permits for exploration, exploitation, utilization of water resources, discharge of wastewater into water sources that have been accepted by competent authorities before the date this Circular takes effect will still be reviewed and considered for issuance of permits according to the model prescribed in Circular No. 02/2005/TT-BTNMT dated June 24, 2005 of the Minister of Natural Resources and Environment guiding the implementation of Decree No. 149/2004/NĐ-CP dated July 27, 2004 of the Government on the issuance of permits for exploration, exploitation, utilization of water resources, discharge of wastewater into water sources.

Article 11. Responsibilities for Implementation

1. The People's Committee of the province shall be responsible for directing the implementation of this Circular at the local level.

2. The Department of Natural Resources and Environment shall be responsible for advising and assisting the People's Committee of the province in managing registration, issuance of permits for exploration, exploitation, utilization of water resources, discharge of wastewater into water sources within its jurisdiction; annually compiling and reporting to the People's Committee of the province and the National Water Resources Management Agency on the situation of registration, issuance of permits for exploration, exploitation, utilization of water resources, discharge of wastewater into water sources by December 15.

3. The National Water Resources Management Agency shall be responsible for advising and assisting the Ministry of Natural Resources and Environment in managing registration, issuance of permits for exploration, exploitation, utilization of water resources, discharge of wastewater into water sources; compiling the situation of registration, issuance of permits for exploration, exploitation, utilization of water resources, discharge of wastewater into water sources nationwide.