Decision No. 357/NN-QLN-QĐ Issuing Temporary Regulations on the Implementation of Permitting for Exploration, Exploitation, Drilling Groundwater Profession, and Registration of Groundwater Extraction Projects

Article 1. Now hereby promulgates with this Decision "Temporary Regulations on the Implementation of the Licensing System for Exploration, Exploitation, Drilling Groundwater Activities, and Registration of Groundwater Extraction Works" to be uniformly applied throughout the country.

Article 2. Chairmen of People's Committees of provinces and centrally governed cities, Directors of the Water Management and Irrigation Works Administration; organizations and individuals involved in exploration, exploitation, and drilling groundwater shall be responsible for implementing this Decision.

Article 3. This Decision takes effect from the date of signature. All previous regulations on licensing procedures for exploration and exploitation of groundwater that conflict with the Regulations issued together with this Decision are hereby abolished./.

Article 1. General Provisions

In these regulations, the following terms are understood as follows:

Underground water (groundwater) is natural water existing and circulating within the earth and can emerge on the surface.

Mineral water is natural underground water, which may emerge on the surface, containing certain compounds with biological activity at high concentrations as specified in Vietnamese standards or foreign standards approved for application by the Vietnamese State.

Natural hot water is natural underground water, which may emerge on the surface, always having temperatures as specified in Vietnamese standards or foreign standards approved for application by the Vietnamese State.

The exploitation area is the area where groundwater extraction works are arranged, including the scope where the groundwater level is lowered due to pumping from the extraction works.

Groundwater extraction works include drilled wells, dug wells, caves, or tunnels for extracting groundwater, constructed or used for groundwater extraction.

A groundwater extractor is an organization or individual holding a legal extraction permit.

A contractor is a state-owned enterprise, private enterprise, or individual permitted by the state to construct groundwater extraction works.

These regulations apply only to fresh and brackish groundwater (excluding mineral water and natural hot water).

Article 2. Groundwater extraction without a permit

Small-scale groundwater extraction by manual effort for household drinking and living purposes from dug wells or drilled wells less than 30 meters deep and with a diameter less than 90 millimeters.

In cases where well dimensions exceed the permissible limits below, registration must be made with the People's Committee of the commune or ward:

Dug wells with a diameter greater than 2 meters, or a water column depth in the well during the dry season exceeding 5 meters;

Drilled wells with a well diameter greater than 50 millimeters, or a water column depth in the well exceeding 20 meters.

Article 3. Groundwater extraction for all purposes in all circumstances, except as provided in Article 2, must obtain a permit.

Article 4. The granting of permission for groundwater extraction must comply with the following principles:

4.1. Groundwater of good quality should be prioritized for drinking and domestic use, and if surplus remains, it may be used for other purposes.

4.2. The amount of groundwater allowed to be extracted in a region must not exceed the exploitable reserves of the region, while also being consistent with the annual extraction plan and the regional extraction plan.

Article 5. Licensing authority:

5.1. The Ministry of Agriculture and Rural Development is responsible for issuing permits and organizing the implementation of management and monitoring of licensing at local levels for groundwater exploration, exploitation, and drilling groundwater activities nationwide.

5.2. The Ministry of Agriculture and Rural Development adjusts, issues, and revokes permits for centralized groundwater extraction works with a flow rate equal to or greater than 1,000 cubic meters per day.

5.3. The Chairman of the People's Committee of the province or centrally governed city (referred to collectively as the Provincial People's Committee) adjusts, issues, and revokes permits for individual small-scale groundwater exploration and extraction works with a flow rate less than 1,000 cubic meters per day.

(The Ministry of Agriculture and Rural Development and the Provincial People's Committee will specify details on the delegation of management authority to the Water Management and Irrigation Works Administration, the Department of Agriculture and Rural Development, or relevant agencies for this purpose).

5.4. In key areas, the issuance of permits for underground water exploration and exploitation must be more strictly managed. The Ministry of Agriculture and Rural Development will negotiate with the People's Committees of provinces and cities where such areas are located to specify the detailed flow rate allocation for permit classification in these regions.

Article 6. All underground water extraction facilities must be registered with the competent authority issuing the permit (as stipulated in Points 5.2 and 5.3 of Article 5).

Article 7. Extraction of underground water from wells, boreholes, or alternative extraction facilities that replace wells, boreholes, or extraction facilities which have been damaged or reduced in capacity, with suction rates and water levels lower than permitted limits, within designated well fields as specified in the permit, shall not require a permit but must submit documentation to the issuing authority.

Article 8. New or expanded extraction facilities must apply to the licensing authority for an extraction permit. The extraction household must submit a proposed application for an extraction permit before preparing a Feasibility Study.

Article 9. The application for exploration and extraction of underground water includes:

a. Application for underground water exploration (if the area lacks exploration data):

Exploration application;

Approved exploration plan by the competent authority;

Agreement letter from the local People's Committee allowing land use for exploration, or a copy of the land use right certificate at the exploration site;

Other related legal documents.

b. Application for underground water extraction: (Annexes 1, 2, 3 attached to this Regulation).

Application for underground water extraction;

Underground water extraction project;

Map of the area and location of the extraction well.

Attached documents include:

Water quality assessment results from the Health Department or authorized health agencies or laboratories approved by the competent authorities;

Exploration report on underground water reserves;

Copy of the land use right certificate at the extraction well site (if the extraction well site does not belong to the extraction household, then there must be an agreement on land use rights between the extraction household and the land user, confirmed by the local People's Committee);

Related documents serving as the basis for granting permission: Approval letters from other households using water if the extraction affects them (confirmed by the local People's Committee);

Article 10. For rural underground water extraction programs for drinking and domestic purposes, the implementing agency is responsible for applying for underground water extraction according to the Project and Plan under the guidance of the Ministry of Agriculture and Rural Development and the Ministry of Health, approved annually by the Provincial People's Committee and relevant authorities.

Applications for underground water extraction submitted to the Provincial People's Committee or the agency authorized by the Provincial People's Committee include:

Application for underground water extraction;

Underground water extraction project;

Layout diagram of the extraction facility and the location of the underground water extraction area;

Summary table of the location of the facilities and the names of households installing underground water extraction facilities;

Article 11. Units under the province are approved and issued thinning permits by the provincial department.

11.1. Procedure for applying for and issuing permits:

The extraction household must submit an application stating the intended extraction and requesting underground water exploration, along with the exploration plan and necessary documents (as per Article 9a) to the water management authority.

After receiving the application for intended extraction and exploration, the Water Management Agency or the Department of Agriculture and Rural Development is responsible for inspecting the actual site, preparing documents for submission to the Minister of Agriculture and Rural Development or the Chairman of the Provincial People's Committee for decision.

11.2. After completing the exploration and trial extraction work, with full geological and hydrological data, the extraction household must submit all actual data and necessary documents (as per Article 9b) to the receiving authority for evaluation and approval, and for higher-level authorities to issue a formal permit for extraction and construction.

11.3. For existing facilities applying for underground water extraction (wells converted from exploration boreholes, with complete geological and hydrogeological data - stratigraphic columns, test pumping results, and chemical and bacterial analysis of water...), the receiving authority prepares documents for higher-level authorities to issue a permit for extraction.

11.4. When the extraction household submits a feasibility study project for the extraction facility, it must obtain written approval from the water management authority before proceeding with construction.

11.5. After completing the construction of the extraction facility and trial pumping, the extraction household must submit the feasibility study approval document, documentation on the extraction wells, and trial pumping data to the water management authority. The water management authority will review the documents and issue a formal permit for extraction.

Article 12. If the application for underground water extraction leads to disputes or litigation, the issuing authority must notify the applicant in writing. After resolving the dispute or litigation according to the law, the applicant must resubmit the application.

Article 13. Households whose applications for underground water extraction have been reviewed, approved, and granted extraction permits are recorded in the registry of permitted extraction and periodically notified.

Article 14. If the application for underground water extraction is incomplete or improperly formatted, the water management authority will request the applicant to complete the application.

Article 15. Within one month from the date of receipt of the application and complete documentation for exploration and extraction, the receiving authority is responsible for reviewing, preparing documents for submission to the competent authority for decision.

In cases requiring extension for additional documentation, field inspections, or dispute resolution, the deadline may be extended by mutual agreement between the applicant and the receiving authority but not exceeding three months.

If the application is not approved, the receiving authority must provide a written explanation of the reasons to the applicant.

Article 16. All associations currently exploiting underground water without a permit must register their underground water exploitation works with the water management authority to obtain an exploitation permit (works extracting less than 1000m3/day should be registered with the Provincial People's Committee; those extracting 1000m3/day or more should be registered with the Ministry of Agriculture and Rural Development). If they fail to register within three months from the effective date of this provision, they will be subject to penalties and suspension of water extraction.

Article 17. The Ministry of Agriculture and Rural Development or the Provincial People's Committee may decide to reduce or limit the amount of water extracted by households that have been granted an exploitation permit under any of the following circumstances:

16.1. Due to natural causes, the water source is insufficient to meet normal water supply needs of the area.

16.2. Over-extraction of underground water causing subsidence of the ground surface or pollution of underground water sources.

16.3. An increase in total water extraction due to general requirements without alternative water sources or supplementary measures.

Article 18. Rights and obligations of households permitted to exploit underground water:

1. Households granted an underground water exploitation permit have the right to extract water according to the provisions of the permit and are responsible for fully complying with all regulations stipulated in the permit and related laws on underground water protection, technical regulations, and other relevant laws.

2. Households exploiting underground water must install measuring equipment as prescribed, record and report the volume of water extracted and the lowering of water levels periodically as required.

3. When the water management authority inspects the water extraction situation, the household must cooperate, support, and provide truthful information about the water extraction status.

4. Upon discovering significant changes in the quantity or quality of underground water and the environment, the household must promptly report to the water management authority.

Article 19. Rights and obligations of households permitted to explore underground water:

Conduct exploration according to the approved project;

Comply with the regulations in the exploration permit, regulations on underground water protection, technical standards, and other relevant laws;

When the water management authority inspects the exploration situation, the household must cooperate, support, and provide truthful information about the exploration situation;

Submit the exploration report for approval;

After completing the exploration task, submit one copy of the report to the National Geological Archive and another copy to the Ministry of Agriculture and Rural Development;

In case of wanting to change the exploration plan from the approved project, it must be agreed upon by the Ministry of Agriculture and Rural Development or the Provincial People's Committee.

Article 20. If any of the following situations occur, the authority issuing the water exploitation permit shall issue a decision requiring the household to rectify within a specified period:

Not extracting water as prescribed;

Not installing measuring equipment within the prescribed time;

Not providing complete relevant data or providing false data;

Not complying with the decision to reduce or limit the amount of water extracted by the water management authority;

Not complying with environmental protection regulations;

When underground water resources are depleted, adjust water extraction according to the requirements of the water management authority;

Article 21. Households not yet granted a permit who exploit water without authorization shall be ordered by the water management authority to cease water extraction.

Article 22. Procedures for registering underground water exploitation works:

The registration documents include:

Registration form for underground water exploitation works;

Map of the area and location of drilling and water extraction works;

Water quality assessment results from the Health Department or equivalent competent authority;

Report on water storage capacity and exploitation situation;

Underground water storage capacity evaluation document (if available);

Copy of land use rights certificate where the exploitation work is located. If the land area where the exploitation work is located does not belong to the exploiter, there must be an agreement between the exploiter and the land user confirmed by the local People's Committee;

Within thirty days from receiving the complete registration dossier, the receiving authority must examine, inspect the site, prepare a document for submission to the Minister of Agriculture and Rural Development or the Chairman of the Provincial People's Committee for decision.

Article 23. Regulations on the practice of drilling and exploiting underground water:

Any organization or individual without a drilling permit issued by the state management agency for water resources has no right to drill exploration wells and exploit underground water (including manual wells).

Organizations or individuals holding a drilling permit for exploration and underground water exploitation must meet the following criteria:

The technical director must have a bachelor's degree in geology or drilling with at least one year of experience in well drilling work; or a college degree in geology or drilling with at least three years of experience in well drilling work.

Article 24. Authority to issue drilling permits:

The Ministry of Agriculture and Rural Development issues drilling permits for central enterprises and private enterprises operating in two provinces or more.

The Provincial People's Committee issues drilling permits for provincial enterprises and units or individuals operating within their province.

Article 25. Rights and obligations of households and enterprises holding drilling permits:

Adhere to drilling technical procedures, regulations in the permit, and protect aquifers.

Annually report to the issuing authority on the drilling exploration and underground water exploitation situation of their unit.

Article 26. Enterprises already holding drilling permits issued by other agencies must submit their permits to the water management authority for reissue. Enterprises without a drilling permit must apply for a permit from the competent authority according to Article 23.

Within three months from the date of issuance of this Regulation, all organizations and individuals drilling wells for exploration and exploitation of underground water without a permit for underground water drilling issued by the water management authority shall not engage in drilling exploration and exploitation activities.

Article 27. The People's Committees of provinces and centrally governed cities shall base themselves on the above regulations to establish more detailed implementation principles for their respective localities, without contravening the content and principles of this Regulation.

Article 28. This Regulation takes effect from the date of signing the decision. All previous regulations that conflict with this Regulation shall be abolished./.