1. Legal basis:

- Law on Environmental Protection No. 55/2014/QH13

- Law on water resources 17/2012/QH12

- Decree 201/2013/ND-CP regulating a number of articles of the Law on Water Resources.

- Decree 36/2020 ND-CP stipulates sanctions for administrative violations in the field of water resources and minerals.

2. Objects of implementation:

According to Clause 1, Article 17 of Decree 201/2013/ND-CP stipulating a number of articles of the Law on Water Resources, "Organizations and individuals exploiting underground water fall into the cases specified in Point a, Clause 2, Article 16 of the Decree this Regulation and the cases specified in Points a and d, Clause 1, Article 44 of the Law on Water Resources that are located in the areas specified in Points b, c, d and Point dd, Clause 4, Article 52 of the Law on Water Resources Registration for underground water exploitation must be carried out.”

3. What is the basis for granting a license?

According to Clause 1, Article 19 of Decree 201/2013/ND-CP Detailed regulations for the implementation of a number of articles of the Law on Water Resources "The licensing of water resources must be based on the following grounds:

a) Socio-economic development strategies and plans of the country, industry, region and locality;

b) Water resources planning has been approved by competent authorities; In case there is no water resources planning, it must be based on the capacity of the water source and must ensure that it does not cause depletion or pollution of the water source;

c) Current status of water exploitation and use in the region;

d) Appraisal report of the competent state agency for licensing applications for exploration, exploitation and use of water resources, discharge of wastewater into water sources;

e) The need to exploit and use water and discharge wastewater is shown in the permit application."

4. How long is the license period?

According to Point c, Clause 1, Article 21 of Decree 201/2013/ND-CP Detailed regulations implementing a number of articles of the Law on Water Resources, "The license to exploit and use underground water has a maximum term of ten (10) years, minimum three (03) years.”

5. Document processing agency:

- Ministry of Natural Resources and Environment for mining projects larger than 3,000 m3/day and night

- Provincial People's Committee for other mining projects.

6. Authority to issue water resources licenses

According to Article 28 of Decree 201/2013/ND-CP detailing the implementation of a number of articles of the Law on Water Resources "Authority to grant, extend, adjust, suspend, revoke and re-issue natural resource licenses water

1. The Ministry of Natural Resources and Environment issues, renews, adjusts, suspends, revokes and re-issues licenses in the following cases:

a) Exploitation and use of water resources for important national projects under the approval authority of the Prime Minister;

b) Exploration and exploitation of underground water for projects with a flow of 3,000 m3/day and night or more;

2. Provincial People's Committees issue, extend, adjust, suspend, revoke and re-issue licenses for cases not specified in Clause 1 of this Article.”

7. Agency receiving and managing documents and licenses?

According to Article 29, Decree 201/2013/ND-CP detailing the implementation of a number of articles of the Law on Water Resources, "the agency receiving and managing documents and permits (hereinafter referred to as the agency receiving documents) profile) includes:

- The Department of Water Resources Management under the Ministry of Natural Resources and Environment is responsible for receiving, appraising and managing documents and permits under the licensing authority of the Ministry of Natural Resources and Environment.

- The Department of Natural Resources and Environment is responsible for receiving, appraising and managing documents and licenses under the licensing authority of the Provincial People's Committee."

8. Necessary documents

According to Clause 1, Article 31 of Decree 201/2013/ND-CP Detailed regulations on implementation of a number of articles of the Law on Water Resources "Dossier to request a license to exploit and use underground water includes:

a) Application for license;

b) Diagram of the area and location of underground water exploitation works;

c) Report on the results of exploration and assessment of underground water reserves accompanied by exploitation plans for projects with a scale of 200 m3/day and night or more or report on the results of construction of exploitation wells for projects with a scale of less than 200 m3/day and night in case there is no exploitation project; report on the current status of exploitation in cases where underground water exploitation works are in operation;

d) Results of water quality analysis no more than six (06) months from the time of application submission.

In case there is no underground water exploitation project, the application for a license must be submitted during the investment preparation stage.

9. Order and procedures for licensing water exploitation and use

According to Article 35, Decree 201/2013/ND-CP detailing the implementation of a number of articles of the Law on Water Resources "Order and procedures for granting licenses to exploit and use water resources:

1. Receive and check documents:

a) Organizations and individuals requesting licensing submit two (02) sets of dossiers and pay dossier appraisal fees as prescribed by law to the dossier-receiving agency. In cases under the licensing authority of the Ministry of Natural Resources and Environment, organizations and individuals requesting licensing must also submit one (01) additional set of documents to the Department of Natural Resources and Environment of the locality where the project is intended to be located. ;

b) Within ten (10) working days from the date of receipt of the application, the receiving agency is responsible for reviewing and checking the application. In case the dossier is invalid, the dossier-receiving agency shall notify the organization or individual requesting the license to supplement and complete the dossier according to regulations.

In case the dossier after being supplemented still does not meet the prescribed requirements, the receiving agency will return the dossier and clearly notify the reason to the organization or individual requesting the license.

2. Appraisal of projects and reports on exploration, exploitation and use of water resources and discharge of wastewater into water sources in the license application dossier (hereinafter collectively referred to as projects and reports):

a) Within thirty (30) working days from the date of receipt of complete and valid documents as prescribed in Clause 1 of this Article, the agency receiving the documents is responsible for evaluating the project and report; If necessary, inspect the actual site, set up a project appraisal council and report. In case the conditions for licensing are met, the receiving agency shall submit the application to the competent agency to issue the license; In case of not meeting the conditions for licensing, return the documents to the organization or individual requesting the license and notify the reason for not granting the license;

b) In case additions or corrections must be made to complete the project or report, the receiving agency shall send a written notice to the organization or individual requesting the license, clearly stating the contents that need to be supplemented or completed. Improve projects and reports. The time to supplement, complete or re-establish projects and reports is not included in the time to evaluate projects and reports. The appraisal time after the project and report are completed is twenty (20) working days;

c) In case the project or report must be re-created, the application receiving agency shall send a written notice to the organization or individual requesting the license, clearly stating the contents of the project and report that do not meet the requirements and must redo and return the license application dossier.

3. Return the results of processing the licensing application

Within five (05) working days from the date of receiving the license from the competent authority, the receiving agency shall notify the organization or individual requesting the license to fulfill financial obligations. and get a license.”

10. Regulations on administrative sanctions

According to Article 9, Decree 36/2020 ND-CP regulations on sanctioning administrative violations in the field of water resources and minerals, fines range from 100,000 VND to 250,000,000 VND depending on the purpose of exploitation and extent of exploitation. waterfall.