This Decision sets the levels of fees for examining projects and reports related to the exploitation, use, and protection of underground and marine water resources in Vietnam.
Scope of application
Organizations and individuals seeking to obtain permits for exploring, exploiting, and using underground or marine water, as well as applications for extending or amending existing permits.
Key points
- The examination of groundwater exploration project proposals shall be charged at a fee ranging from VND 7,600,000 to VND 16,400,000 depending on the volume of water.
- The examination of reports on the exploitation and use of surface water shall be charged at a fee ranging from VND 12,800,000 to VND 28,800,000 depending on the volume and purpose of use.
- The examination of proposals for discharging wastewater into water sources shall be charged at a fee ranging from VND 17,000,000 to VND 35,400,000 depending on the volume of discharged water.
- In cases of permit extension or amendment, the fee shall be calculated at 50% or 30% of the aforementioned fee level.
- additional_functions_other_considerations_in_the_decision_such_as_examination_of_special_event_applications_or_hiring_a_company_to_perform_the_procedure.
- information_source
🌐 Social impact of this document
- Establishing a clear legal basis for the effective management and utilization of water resources.
- Ensuring water quality through regulations on wastewater discharge.
❓ Frequently asked questions
What is the fee level for examining groundwater exploration project proposals?
Depending on the volume of water, the fee ranges from VND 7,600,000 to VND 16,400,000.
Are there any provisions regarding the extension of surface water exploitation permits?
In cases of permit extension or amendment, the fee shall be calculated at 50% of the aforementioned fee level.
Full text
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MINISTRY OF FINANCE |
SOCIALIST REPUBLIC OF VIET NAM |
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Number: 270/2016/TT-BTC |
Hanoi, November 14, 2016 |
CIRCULAR
REGULATIONS ON THE LEVEL OF COLLECTION, SYSTEM OF COLLECTION, PAYMENT, MANAGEMENT AND USE OF FEES FOR REVIEWING LICENSES FOR EXPLORATION, EXPLOITATION, USE OF WATER RESOURCES; DISCHARGING WASTEWATER INTO WATER SOURCES AND DRILLING GROUNDWATER ACTIVITIES PERFORMED BY CENTRAL AUTHORITIES
Pursuant to the Law construction costs; and service fees on the 25th the 2015;
On the basis of Decision No. 130/2007/QĐ-TTg dated August 2, 2007, issued by the Prime Minister, concerning some mechanisms and financial policies for investment projects under the Clean Development Mechanism;
Pursuant to the State Budget Law dated June 25, 2015;
Pursuant to the Law on Water Resources dated June 21, 2012;
Based on Decree No. 201/2013/NĐ-CP dated November 27, 2013 of the Government detailing the implementation of certain provisions of the Water Resources Law;
Pursuant to Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government detailing and guiding the implementation of certain provisions of the Law on Fees and Charges;
Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
At the proposal of the Director of the Department of Tax Policy,
The Minister of Finance issues this Circular to regulate the level of collection, system of collection, payment, management and use of fees for reviewing project plans, reports on exploration, assessment of reserves, exploitation, and use of groundwater; fees for reviewing applications, conditions for drilling groundwater activities; fees for reviewing project plans for exploiting and using surface water and seawater; fees for reviewing project plans for discharging wastewater into water sources and related facilities, as stipulated in Decree No. 201/2013/NĐ-CP dated November 27, 2013 of the Government detailing certain provisions of the Law on Water Resources.
Article 1. Scope of Regulation and Applicability
1. This Circular regulates the level of collection, system of collection, payment, management and use of fees for reviewing project plans, reports on exploration, assessment of reserves, exploitation, and use of groundwater; fees for reviewing applications, conditions for drilling groundwater activities; fees for reviewing project plans for exploiting and using surface water and seawater; fees for reviewing project plans for discharging wastewater into water sources and related facilities, carried out by central authorities according to the provisions of Decree No. 201/2013/NĐ-CP dated November 27, 2013 of the Government detailing certain provisions of the Law on Water Resources.commission 1. The fee payer is the agency, organization, individual (including households) requesting issuance of water resource licenses including: Groundwater exploration license; surface water exploitation and use license; groundwater exploitation and use license; seawater exploitation and use license; wastewater discharge into water source license and groundwater drilling activity license.
Article 2. This Circular applies to organizations and individuals paying fees; organizations collecting fees; agencies, organizations and individuals related to the assessment and collection of fees.
Article 2. Fee Payers and Fee Collecting Organizations
The fee payer shall pay the review fee when submitting the application for review, directly paying the fee to the collecting organization or depositing it into the fee account awaiting budget submission opened at the State Treasury of the collecting organization.
The Department of Water Resource Management under the Ministry of Natural Resources and Environment is responsible for organizing reviews and collecting fees in accordance with this Circular.
The level of fees for reviewing licenses for groundwater exploration; surface water exploitation and use; groundwater exploitation and use; seawater exploitation and use; wastewater discharge into water sources and groundwater drilling activities is specified in the attached Fee Collection Table.
Article 3. Level of Fees
2. The fee collecting organizations shall declare and pay collected fees monthly, settle accounts annually in accordance with the guidance provided in Articles 19 and Article 26, Clause 2 of Circular No. 156/2013/TT-BTC dated November 6, 2013 of the Minister of Finance guiding the implementation of certain provisions of the Law on Tax Administration; the Law Amending and Supplementing Certain Provisions of the Law on Tax Administration and Decree No. 83/2013/NĐ-CP dated July 22, 2013 of the Government. The fee collecting organizations shall remit collected fees into the state budget according to the chapters, sections, sub-sections of the State Budget Revenue and Expenditure Classification as prescribed in Article 5 of this Circular.
Article 4. Declaration, Collection, Payment of Fees
1. By the fifth day of each month, fee collection organizations must deposit the collected fee amount of the previous month into the account for pending budget payments opened at the State Treasury.
1. The fee collecting organizations must remit 100% of the collected fees into the state budget. The cost of activities for review and fee collection shall be covered from the state budget allocated in the organization's budget according to the state budget expenditure standards as prescribed by law. 54/2017/ND-CP 2. Fee collecting organizations that are eligible to cover operational costs from collected fees in accordance with Clause 1, Article 4 of Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government detailing and guiding the implementation of certain provisions of the Law on Fees and Service Charges may retain 50% of the total amount of actually collected review fees for use in review and fee collection activities and remit 50% into the state budget. The retained funds shall be managed and used in accordance with Article 5 of Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government detailing and guiding the implementation of certain provisions of the Law on Fees and Service Charges, including other expenses related to review and fee collection such as inspection costs at the site and organizing review council meetings (such as conference costs, surveys, opinions, reviews, and review reports); expense levels as prescribed in Circular No. 58/2011/TT-BTC dated May 11, 2011 of the Minister of Finance on managing, using, and settling accounts for funds for conducting statistical surveys and any amendments, supplements, or replacements thereof (if applicable).
Article 5. Management and use of fees
1. This Circular takes effect from January 1, 2017 and replaces Decision No. 59/2006/QĐ-BTC dated October 25, 2006 of the Minister of Finance regulating the level of collection, system of collection, payment, management and use of fees for reviewing and licensing fees for exploration, exploitation, and use of water resources and groundwater drilling activities.
2. Other contents related to collection, payment, management, use, receipt vouchers, and publicizing the fee collection system not mentioned in this Circular shall be implemented in accordance with the Law on Fees and Service Charges; Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government detailing and guiding the implementation of certain provisions of the Law on Fees and Service Charges; Circular No. 156/2013/TT-BTC dated November 6, 2013 of the Minister of Finance guiding the implementation of certain provisions of the Law on Tax Administration; the Law Amending and Supplementing Certain Provisions of the Law on Tax Administration and Decree No. 83/2013/NĐ-CP dated July 22, 2013 of the Government; Circular No. 153/2012/TT-BTC dated September 17, 2016 of the Minister of Finance guiding the printing, issuance, management, and use of various types of receipts for fees and service charges belonging to the state budget and any amendments, supplements, or replacements thereof (if applicable).transfer 3. During the implementation process, if there are any difficulties, please promptly report them to the Ministry of Finance for research and guidance.
Article 6. Implementation organization and enforcement provisions
1. This Circular takes effect from January 1, 2017, and replaces Decision No. 59/2006/QD-BTC dated October 25, 2006, of the Minister of Finance on the levels of collection, the system of collection, payment, management, and use of fees for examination and license fees for exploration, exploitation, and use of water resources and groundwater drilling activities.
2. Other contents related to collection, payment, management, use, revenue receipts, and publicizing the fee examination collection system not mentioned in this Circular shall be implemented in accordance with the Law on Fees and Charges; Decree No. 120/2016/NĐ-CP dated August 23, 2016, of the Government detailing and guiding the implementation of certain provisions of the Law on Fees and Charges; Circular No. 156/2013/TT-BTC. dated TABLE OF FEES FOR REVIEWING LICENSES FOR EXPLORATION, EXPLOITATION AND USE OF WATER RESOURCES, GROUNDWATER DRILLING AND DISCHARGING WASTEWATER INTO WATER SOURCES
(attached to Circular No. 270/2016/TT-BTC dated November 14, 2016 of the Minister of Finance) organizationExploration with a flow rate of 3,000 m MANAGEMENT AND USE OF DEPOSITS AT THE ENVIRONMENT PROTECTION FUND./.
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DEPUTY MINISTER |
Review of project plans, reports on exploitation and use of surface water
Project plans, reports on exploitation and use of surface water for agricultural production with a flow rate of 2 m Finance)
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Serial Number |
Name of work |
Fee level |
|
1 |
Assessment of groundwater exploration project |
|
|
a |
Project Project plans, reports on exploitation and use of surface water for agricultural production with a flow rate of 10 m3/day-night to less than 10,000 m3/day-night |
7.600.000 |
|
b |
Groundwater exploration project with flow rate from 10,000 m3/day-night to less than 20,000 m3/day-night |
10.600.000 |
|
specialized agency under the People's Committee of the province/city. |
Groundwater exploration project with flow rate from 20,000 m3/day-night to 30,000 m3/day-night |
14.000.000 |
|
For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%; |
Groundwater exploration project with flow rate over 30,000 m3/day-night |
16.400.000 |
|
2 |
Assessment of groundwater exploration result report |
|
|
a |
Exploration result report with flow rate from 3,000 m3/day-night to less than 10,000 m3/day-night |
9.400.000 |
|
b |
Exploration result report with flow rate from 10,000 m3/day-night to less than 20,000 m3/day-night |
12.000.000 |
|
specialized agency under the People's Committee of the province/city. |
Exploration result report with flow rate from 20,000 m3/day-night to 30,000 m3/day-night |
14.400.000 |
|
For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%; |
Exploration result report with flow rate over 30,000 m3/day-night |
17.000.000 |
|
3 |
Assessment of groundwater extraction status report |
|
|
a |
Groundwater extraction status report with flow rate from 3,000 m3/day-night to less than 10,000 m3/day-night |
8.000.000 |
|
b |
Groundwater extraction status report with flow rate from 10,000 m3/day-night to less than 20,000 m3/day-night |
11.200.000 |
|
specialized agency under the People's Committee of the province/city. |
Groundwater extraction status report with flow rate from 20,000 m3/day-night to 30,000 m3/day-night |
15.000.000 |
|
For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%; |
Groundwater extraction status report with flow rate over 30,000 m3/dated Project plans, reports on exploitation and use of surface water for agricultural production with a flow rate over 50 m |
18.400.000 |
|
4 |
Assessment of large-scale underground water drilling operation file and conditions |
3.000.000 |
|
5 |
Project plans, reports on exploitation of surface water for national important projects |
|
|
a |
Review of project plans, reports on exploitation and use of seawater3/second to less than 10 m3/second; power generation with capacity from 2,000 kW to less than 10,000 kW; other purposes with flow rate from 50,000 m3/day-night to less than 100,000 m3/day-night |
12.800.000 |
|
b |
Plan, report on surface water exploitation and use for agricultural production with a flow rate of 10 m3/second to 50 m3/second; power generation with capacity from 10,000 kW to 20,000 kW; other purposes with flow rate from 100,000 m3/day-night to 200,000 m3/day-night |
18.000.000 |
|
specialized agency under the People's Committee of the province/city. |
Project3, report on surface water exploitation and use for agricultural production with a flow rate over 50 m3per second; power generation with capacity over 20,000 kW; other purposes with flow rate over 200,000 m3/day-night |
23.400.000 |
|
For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%; |
Plan, report on surface water exploitation with national important works |
28.800.000 |
|
6 |
Examination of plans and reports on the exploitation and use of seawater |
|
|
a |
Project, exploitation and utilization report of water with a flow rate of 100,000 m³3/day-night to under 500,000 m3/day-night |
12.800.000 |
|
b |
Project, exploitation and utilization report of water with a flow rate of 500,000 m³3/day-night to under 1,000,000 m3/day-night |
18.000.000 |
|
specialized agency under the People's Committee of the province/city. |
Project, exploitation and utilization report of water with a flow rate from 1,000,000 to 2,000,000 m³3/day-night |
23.400.000 |
|
For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%; |
Project, exploitation and utilization report of water with a flow rate over 2,000,000 m³3/day-night |
28.800.000 |
|
7 |
Review project and report on discharging wastewater into water sources |
|
|
a |
Project and report with a discharge flow rate of 3,000 m³3/day-night to less than 10,000 m3/day-night |
17.000.000 |
|
b |
Project, report with a discharge flow rate of 10,000 m³3/day-night to less than 20,000 m3/day-night |
23.200.000 |
|
specialized agency under the People's Committee of the province/city. |
Project and report with a discharge flow rate of 20,000 m³3/day-night up to 30,000 m³3/day-night |
29.200.000 |
|
For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%; |
Project and report with a discharge flow rate over 30,000 m³3/day-night |
35.400.000 |
|
8 |
Review project and report on discharging wastewater into water sources for in the Field of Teachers and Educational Institution Managers aquaculture activities |
|
|
a |
Project, report with a discharge flow rate of 30,000 m³3/day-night up to under 50,000 m³3/day-night |
16.800.000 |
|
b |
Project and report with a discharge flow rate of 50,000 m³3/day-night to less than 100,000 m3/day-night |
21.000.000 |
|
specialized agency under the People's Committee of the province/city. |
Project, report with a discharge flow rate of 100,000 m³3/day-night to 200,000 m3/day-night |
25.200.000 |
|
For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%; |
Project and report with a discharge flow rate over 200,000 m³3/day-night |
30.000.000 |
|
9 |
Case of reviewing application files for extending and adjusting the content of underground water exploitation and utilization permits, surface water exploitation and utilization permits; discharging wastewater into water sources |
50% of the above collection level |
|
10 |
Case of reviewing application files for extending and adjusting exploration permit for underground water, drilling permit for underground water |
30% of the above collection level |
Note:
a) At point 5 and point 6 of the aforementioned Table: Review project for exploiting and utilizing surface water and seawater applicable to cases where there is no exploitation facility; review current status report for exploiting and utilizing surface water applicable to cases where there is an exploitation facility.
b) At point 7 and point 8 of the aforementioned Table: Review project for discharging wastewater into water sources applicable to cases where there is no wastewater discharge; review current status report for wastewater discharge applicable to cases where wastewater is being discharged into water sources.
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