Surface water exploitation permit service

SURFACE WATER EXPLOITATION PERMIT

I. LEGAL BASIS

Regulations on the licensing and use of surface water resources are set out in the following legal documents currently in force (updated to October 2026):

• Law on Water Resources No. 28/2023/QH15, adopted by the National Assembly on 27 November 2023 (effective from 1 July 2024), as amended and supplemented by Law No. 146/2025/QH15 of 11 December 2025 (effective from 1 January 2026).
• Government Decree No. 53/2024/ND-CP of 16 May 2024 detailing the implementation of a number of articles of the Law on Water Resources, as amended and supplemented by Government Decree No. 23/2026/ND-CP of 17 January 2026.
• Government Decree No. 54/2024/ND-CP of 16 May 2024 regulating groundwater drilling practice, declaration, registration, licensing, water resource services and fees for granting water resource exploitation rights, as amended and supplemented by Government Decree No. 23/2026/ND-CP of 17 January 2026 (effective from 17 January 2026).
• Circular No. 03/2024/TT-BTNMT of 16 May 2024 of the Ministry of Natural Resources and Environment detailing the implementation of a number of articles of the Law on Water Resources, as amended and supplemented by Circular No. 06/2026/TT-BNNMT of 17 January 2026 of the Minister of Agriculture and Environment (effective from 17 January 2026).

II. SURFACE WATER EXPLOITATION CASES (NO PERMIT REQUIRED, REGISTRATION REQUIRED, PERMIT REQUIRED)

Under Article 52 of the Law on Water Resources 2023, surface water exploitation is classified into 3 groups: no registration or permit required, registration required, and permit required.

1. Cases requiring neither registration nor a permit

Pursuant to Clause 3, Article 52 of the Law on Water Resources 2023 and Article 7 of Decree 54/2024/ND-CP (as amended and supplemented by Decree 23/2026/ND-CP), the following small-scale surface water exploitation cases do not require declaration, registration or a permit:

• Agricultural production and aquaculture at a scale not exceeding 0.1 m³/second.
• Power generation with an installed capacity not exceeding 50 kW.
• Business, services and non-agricultural production (including water abstraction for cooling machinery and equipment, steam generation and heating) at a scale not exceeding 100 m³/day.
• Domestic use at a scale not exceeding 100 m³/day (not exceeding 200 m³/day in border areas, islands, and areas with difficult or particularly difficult socio-economic conditions).
• Construction of reservoirs, weirs and irrigation works; construction of other works at a scale not exceeding 100 m³/day.
• Irrigation reservoirs and weirs with a total storage capacity below 0.01 million m³.

2. Cases requiring registration

Pursuant to Clause 5, Article 52 of the Law on Water Resources 2023 and Clause 2, Article 8 of Decree 54/2024/ND-CP (as amended and supplemented by Decree 23/2026/ND-CP), the following cases must register with the competent state authority:

• Surface water exploitation for agricultural production and aquaculture at a scale above 0.1 m³/second up to 0.5 m³/second.
• Irrigation reservoirs and weirs with a total storage capacity from 0.01 million m³ to 0.5 million m³.

Note: Cases not in groups 1 and 2 MUST apply for a surface water exploitation permit.

III. WHAT DOES THE APPLICATION DOSSIER FOR A SURFACE WATER EXPLOITATION PERMIT INCLUDE?

Under Article 19 of Decree No. 54/2024/ND-CP (as amended and supplemented by Decree No. 23/2026/ND-CP, effective from 17 January 2026), the application dossier for a surface water exploitation permit includes:

1. Written request for a surface water exploitation permit (Form 05, Appendix I issued with Decree 54/2024/ND-CP).
2. Surface water exploitation scheme (Form 42, Appendix I for works not yet abstracting water; Form 43 for works already abstracting water; Form 44 for irrigation works and centralised rural clean water supply works).

Note: From 17 January 2026, water source quality analysis results and the works location diagram are no longer mandatory components of the dossier (Decree 23/2026/ND-CP repeals points c and d, Clause 1, Article 19). Works whose water exploitation significantly affects socio-economic activities and the lives of the people in the locality (such as reservoirs and weirs built on rivers and streams) must also obtain the opinions of community representatives under Clause 8, Article 52 of the Law on Water Resources and submit them with the dossier. The dossier may be submitted in person, by postal service or online via the National Public Service Portal. Licensing authority, place of receipt and appraising authority:

• Licensing: the Minister of Agriculture and Environment issues permits for works with large-scale water exploitation or with inter-regional or inter-provincial impacts (for example: surface water exploitation for other purposes of 50,000 m³/day or more; power generation with an installed capacity of 30,000 kW or more; reservoirs with a total storage capacity of 20 million m³ or more). The Chairman of the provincial People’s Committee issues permits in all other cases (Article 53 of the Law on Water Resources as amended by Law 146/2025/QH15; Article 15 of Decree 54/2024/ND-CP as amended by Decree 23/2026/ND-CP).
• Place of receipt: the Reception and Result Return Unit of the Ministry of Agriculture and Environment (dossiers under the Ministry’s authority); the provincial Public Administration Service Centre (dossiers under the authority of the Chairman of the provincial People’s Committee).
• Appraising authority: the specialised water resources agency of the Ministry of Agriculture and Environment; the provincial Department of Agriculture and Environment for dossiers under provincial authority. The scheme appraisal period is 29 working days from the date a complete and valid dossier is received.

IV. HOW LONG IS A SURFACE WATER EXPLOITATION AND USE PERMIT VALID?

Pursuant to Article 8a of Decree 54/2024/ND-CP (added by Decree 23/2026/ND-CP; previously provided for in Article 54 of the Law on Water Resources 2023, now repealed by Law 146/2025/QH15), the term of a water resource exploitation permit is as follows:

• Surface water exploitation permits: a maximum term of 10 years and a minimum of 05 years. The permit may be considered for extension multiple times, each extension being 05 years.
• Seawater exploitation permits: a maximum term of 15 years and a minimum of 10 years. Each extension is 10 years.
• Groundwater exploitation permits: a maximum term of 05 years and a minimum of 03 years. Each extension is 03 years.

Where an organisation or individual applies for a permit with a term shorter than the minimum term, the permit will be issued for the requested term. An application for permit extension must be submitted at least 45 days before the permit expires (Article 9 of Decree 54/2024/ND-CP, as amended by Decree 23/2026/ND-CP).

V. CONSULTING SERVICE FOR PREPARING SURFACE WATER EXPLOITATION PERMIT APPLICATIONS

NGO International Co., Ltd is a reputable consulting organisation that prepares and completes surface water exploitation dossiers for projects with quality and on schedule. If your business needs to prepare a dossier or needs advice on surface water exploitation permits, please contact us by phone +84 24 7300 0890 or email office@8ngo.com.