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:

• Law on Water Resources No. 28/2023/QH15, adopted by the National Assembly on 27 November 2023 (effective from 1 July 2024).
• 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.
• 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.
• 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.

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, small-scale surface water exploitation for the following purposes does not require 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 100 kW.
• Other purposes at a scale not exceeding 100 m³/day.
• Surface water exploitation from irrigation reservoirs and weirs with a total storage capacity below 0.01 million m³, or from works managed and operated by local communities.

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, 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 0.2 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 17 of Decree No. 54/2024/ND-CP, the application dossier for a surface water exploitation permit includes:

1. Application form for the permit (Form 05, Appendix I issued with this Decree).
2. Water resource exploitation scheme (Form 44, Appendix I for works not yet in operation; Form 45, Appendix I for works already in operation).
3. A copy of the water source quality analysis results, dated no more than 06 months before the dossier is submitted (except for exploitation for hydropower).
4. A copy of the legal documents of the organisation or individual applying for the permit.
5. A copy of the investment policy approval or the investment certificate (if any).

Note: The dossier may be submitted in person, by post or via the online public service portal.Authorities receiving and appraising the dossier:

• Department of Water Resources Management – Ministry of Natural Resources and Environment: for large-scale exploitation works or works located in inter-provincial river basins.
• Departments of Natural Resources and Environment of provinces and cities: for cases not under the authority of the Ministry of Natural Resources and Environment.

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

Pursuant to Clause 1, Article 54 of the Law on Water Resources 2023, the term of a water resource exploitation permit is now set 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.

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.