Decision No. 357-NN/QLN/QĐ Regarding the issuance of the "Provisional Regulations on the Implementation of Permits for Exploration, Exploitation, Drilling Groundwater Profession, and Registration of Groundwater Extraction Projects"

Pursuant to …;

Regarding the issuance of the "Provisional Regulations on the Implementation of Permitting for Exploration, Exploitation, Drilling Water Wells, and Registration of Underground Water Extraction Projects"

__________________________

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree 73/CP dated November 1, 1995 of the Government stipulating the functions, tasks, authorities, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decision 354/TTg dated May 28, 1996 of the Prime Minister stipulating the functions, tasks, authorities, and organizational structure of the Directorate of Water Resources and Irrigation Works under the Ministry of Agriculture and Rural Development;

Pursuant to Directive No. 487/TTg dated July 30, 1996 of the Prime Minister on strengthening state management over national resources;

Pursuant to the Memorandum of Transfer of State Management Responsibilities for Underground Water between the Ministry of Industry and the Ministry of Agriculture and Rural Development dated October 30, 1996;

Pursuant to the Directive No. 5073/KTN dated October 18, 1996 of the Prime Minister regarding the transfer of responsibilities for managing underground water from the Ministry of Industry to the Ministry of Agriculture and Rural Development;

Pursuant to the proposal of the Director of the Directorate of Water Resources and Irrigation Works.

Pursuant to …;

Article 1. Now hereby promulgating with this Decision the "Provisional Regulations on the Implementation of Permitting for Exploration, Exploitation, Drilling Water Wells, and Registration of Underground Water Extraction Projects" to be uniformly applied throughout the country.

Article 2. Chairmen of People's Committees of provinces and centrally governed cities, Directors of the Directorate of Water Resources and Irrigation Works; organizations and individuals involved in exploration, exploitation, and drilling water wells are responsible for implementing this Decision.

Article 3. This Decision takes effect from the date of signature. All previous regulations concerning procedures for permitting exploration and exploitation of underground water that conflict with the regulations issued with this Decision are abolished.

TEMPORARY PROVISIONS

REGARDING THE IMPLEMENTATION OF PERMITTING FOR EXPLORATION, EXPLOITATION, DRILLING WATER WELLS AND REGISTRATION OF UNDERGROUND WATER EXTRACTION PROJECTS
(Issued together with Decision No. 357 dated March 13, 1997 of the Ministry of Agriculture and Rural Development)

Article 1. General Provisions

In these regulations, the following terms shall be understood as follows:

- Underground water (subterranean water) refers to natural water existing and circulating within the earth and which may surface on the ground.

- Mineral water refers to natural subterranean water, which may surface on the ground, containing certain active biological compounds at high concentrations as prescribed by Vietnamese standards or foreign standards approved for application by the Vietnamese State.

- Natural hot water refers to natural subterranean water, which may surface on the ground, always having temperatures as prescribed by Vietnamese standards or foreign standards approved for application by the Vietnamese State.

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

- Underground water extraction works refer to drilled wells, dug wells, caves, or tunnels constructed or utilized for extracting underground water.

- An underground water extractor is an organization or individual holding a legitimate extraction permit.

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

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

Article 2. Underground water extraction without a permit

- Small-scale extraction using human power for drinking and household purposes from dug wells or drilled wells less than 30 meters deep and with a diameter less than 90 millimeters.

- In cases where the 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. Underground water extraction for all purposes and in all circumstances, except as provided in Article 2, must obtain a permit.

Article 4. Permitting for underground water extraction must comply with the following principles:

4.1. Good quality underground water should be prioritized for drinking and household use, and if surplus remains, it can be used for other purposes.

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

4.3. In regions where underground water extraction has reached the exploitable reserve, stricter management of extraction is required, and expansion of extraction is prohibited. Strictly forbidden is the extraction of underground water in regions where extraction has exceeded the specified limit without artificial replenishment.

4.4. The Ministry of Agriculture and Rural Development shall take the lead, coordinating with the Ministry of Industry, People's Committees of provinces and centrally governed cities to delineate areas of excessive extraction and zones prohibiting underground water extraction if not artificially replenished, to be submitted to the Government for approval.

4.5. When issuing exploration and extraction permits for underground water, the results of evaluation of exploration projects and reports on reserves by specialized units or expert councils (the Ministry of Agriculture and Rural Development will issue specific regulations on this matter).

Article 5. Authority to issue permits:

5.1. The Ministry of Agriculture and Rural Development is responsible for issuing permits and organizing the implementation of management and monitoring of permitting at local levels for exploration, exploitation of underground water, and drilling water wells throughout the country.

5.2. The Ministry of Agriculture and Rural Development adjusts, issues, and revokes permits for underground water extraction for centralized 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 provinces and centrally governed cities (referred to collectively as the Provincial People's Committee) adjusts, issues, and revokes permits for individual small-scale exploration and exploitation works of underground water with a flow rate less than 1,000 cubic meters per day.

(The Ministry of Agriculture and Rural Development and the People's Committees of provinces shall specify in detail the delegation of management authority to the Water Resources Management Agency, Provincial Departments of Agriculture and Rural Development, or competent agencies for this matter).

5.4. In key areas, permits for exploration and exploitation of groundwater must be more strictly managed. The Ministry of Agriculture and Rural Development will negotiate with the People's Committees of provinces and cities having such areas to specify the specific discharge rates for the delegation of permit issuance in these regions.

Article 6. All groundwater extraction works must be registered with the competent authority issuing the permit (Points 5.2 and 5.3 of Article 5).

Article 7. Groundwater extraction from wells, boreholes, or alternative extraction facilities that have reduced capacity and drawdown levels below permissible limits, located within the well field area specified in the permit, do not require a permit but must submit documentation to the issuing authority.

Article 8. New or expanded groundwater extraction facilities must apply to the licensing authority for an extraction permit. The extractor must submit a proposed application for an extraction permit before preparing a feasibility study.

Article 9. The application for permission to explore and exploit groundwater includes:

a. Application for permission to explore groundwater (if the area lacks exploration data):

+ Exploration application;

+ Approved exploration plan reviewed 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 relevant legal documents.

b. Application for permission to extract groundwater: (Annexes 1, 2, and 3 attached to this Regulation).

+ Application for permission to extract groundwater;

+ Underground water extraction project;

+ Map of the area and location of the extraction well;

Attached documents include:

+ Quality assessment results of underground water from the Health Department or authorized health agency or laboratories permitted by the competent authorities to conduct assessments;

+ Report on the assessment of underground water reserves;

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

+ Relevant documents serving as the basis for granting permission: Approval letters from other users if the extraction affects them (confirmed by the local People's Committee).

Article 10. For rural drinking water supply programs, the implementing agency is responsible for applying for groundwater extraction according to the project and annual 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 competent authorities.

Applications for groundwater extraction submitted to the provincial People's Committee or authorized agencies include:

- Application for groundwater extraction;

- Underground water extraction project;

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

- Summary table of the location of facilities and 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 granting permission:

- The extractor must submit an application stating the intended extraction and request for groundwater exploration, along with the exploration plan and necessary documents (as per Article 9a) to the water management authority.

- After receiving the application stating the intended extraction and request for groundwater exploration, the Water Resources Management Agency or Provincial Department of Agriculture and Rural Development is responsible for inspecting the 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 hydrogeological data, the extractor must submit all actual data and necessary documents (as per Article 9b) to the receiving authority for evaluation and approval, leading to a decision granting permission to extract water and commence extraction operations.

11.3. For existing facilities applying for groundwater extraction (wells converted from exploratory boreholes, with complete geological and hydrogeological data - stratigraphic columns, test pumping results, and chemical and bacterial analysis results of the water...), the receiving authority prepares documents for higher-level approval to grant permission to extract.

11.4. When the extractor submits a feasible project for the extraction facility, it must have the written agreement of the water management authority; only then can the extractor proceed with construction.

11.5. After completing the construction of the extraction facility and conducting trial pumping, the extractor must submit the approved feasibility project documentation, records of the extraction wells, and trial pumping results to the water management authority. The water management authority will review the documents and issue a formal permit for water extraction.

Article 12. If the application for groundwater extraction causes 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. Applicants who 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 groundwater extraction is incomplete or does not comply with procedures, the water management authority will require 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 of groundwater, the receiving authority is responsible for reviewing and preparing documents for submission to the competent authority for decision.

In cases where additional time is needed to complete the application, conduct on-site inspections, or resolve disputes, 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 agency receiving the application must respond in writing, clearly explaining the reasons to the applicant.

Article 16. All associations currently exploiting underground water that require permits but have not yet obtained them must complete the registration procedures for underground water exploitation works with the water management authority to apply for exploitation permits (works extracting less than 1,000 cubic meters per day shall be registered with the Provincial People's Committee; those extracting 1,000 cubic meters per day or more shall be registered with the Ministry of Agriculture and Rural Development). Within three months from the date this regulation takes effect, if they fail to register, they will be subject to penalties and their exploitation activities will be suspended.

Article 17. In any of the following situations, the Ministry of Agriculture and Rural Development or the Provincial People's Committee may decide to reduce or limit the amount of underground water extracted by households already granted extraction permits:

16.1. Due to natural causes, the water source is insufficient to meet the 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. The total volume of water extracted increases due to general demand without alternative water sources or supplementary measures.

Article 18. Rights and obligations of households permitted to extract underground water: 1. Households granted underground water extraction permits 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 those concerning the protection of underground water, technical regulations, and other relevant laws.

2. Households extracting 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 water management authorities inspect water extraction conditions, households extracting water must cooperate, support, and provide truthful information related to the water extraction situation.

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

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 protecting underground water, technical standards, and other relevant laws;

- When water management authorities inspect exploration activities, exploration households must cooperate, support, and provide truthful information about the exploration situation;

- Submit the exploration report for approval;

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

- If wishing to change the exploration plan from the approved project, approval from the Ministry of Agriculture and Rural Development or the Provincial People's Committee is required.

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

- Not extracting water as prescribed;

- Not installing measuring equipment within the prescribed time;

- Not providing sufficient related data or providing false data;

- Not complying with decisions to reduce or limit the volume of water extracted by the water management authority;

- Not complying with environmental protection regulations;

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

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

Article 22. Procedures for registering underground water extraction works

The registration documents include:

- Application form for underground water extraction works;

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

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

- Report on water reserve assessment and extraction status;

- Underground water reserve assessment document (if available);

- Copy of land use rights certificate where the extraction work is located. If the land area for the extraction work does not belong to the extraction household, a consent agreement between the extraction household and the land user must be provided, confirmed by the local People's Committee.

Within thirty days from receipt of the complete registration dossier, the agency receiving the dossier must review, conduct on-site inspections, and 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 extracting 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 extract underground water (including manual wells).

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

The technical supervisor must hold a bachelor's degree in geology or drilling with at least one year of experience in well drilling work; or a diploma 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 across two provinces or more.

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

Article 25. Rights and obligations of households and enterprises granted 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 extraction status of their unit.

Article 26. Enterprises already holding drilling permits issued by other agencies must present these permits to the water management authority for reissuance. Enterprises without drilling permits must follow the procedures to apply for permits from the competent authority as stipulated in Article 23.

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

Article 27. The People's Committees of provinces and centrally governed cities shall base themselves on the above provisions 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.