Surface water exploitation permit service

I. LEGAL BASES

Regulations on licensing and use of surface water resources are specified in the following documents:

– Law on Water Resources No. 17/2012/QH13 issued on June 21, 2012 of the 13th National Assembly.

– Decree No. 201/2013/ND-CP issued on November 27, 2013 of the Government detailing a number of articles of the Law on Water Resources.

– Decree No. 60/2016/ND-CP issued on July 1, 2016 of the Government regulating a number of business investment conditions in the field of natural resources and environment.

– Decree No. 136/2018/ND-CP issued on October 5, 2018 of the Government amending a number of articles of Decrees related to business investment conditions in the field of natural resources and environment.

– Decree No. 82/2017/ND-CP issued on July 17, 2017 of the Government regulating the calculation method and level of fees for granting the rights to exploit water resources;

– Circular No. 27/2014/TT-BTNMT issued on May 30, 2014 of the Ministry of Natural Resources and Environment on registration of underground water exploitation, application form for issuance, extension, adjustment, and re-issuance of Water Resources Permits.

– Circular No. 24/2016/TT-BTNMT issued on September 9, 2016 of the Ministry of Natural Resources and Environment regulating the determination and announcement of sanitary protection zones in areas receiving domestic water.

II. CASES IN WHICH A SURFACE WATER EXPLOITATION PERMIT IS NOT REQUIRED

Pursuant to Article 16 of Decree No. 201/2013/ND-CP; Clauses 1 and 2 of the Law on Water Resources, the following cases will NOT require a surface water exploitation permit:

– Exploit underground water for production, business and service activities with a scale not exceeding 10 m3/day and night not specified in Clause 2, Article 44 of the Law on Water Resources;

– Exploit surface water for agricultural production and aquaculture with a scale not exceeding 0.1 m3/sec;

– Exploit surface water for business, service and non-agricultural production purposes not exceeding 100 m3/day and night;

– Exploit and use surface water to generate electricity with installed capacity not exceeding 50 kW;

– Exploit and use sea water to serve production, business and service activities on land with a scale not exceeding 10,000 m3/day and night; exploit and use sea water to serve activities at sea and on islands.

In the remaining cases, it is REQUIRED to apply for a permit and prepare surface water exploitation documents according to the provisions of law.

III. WHAT COMPONENTS ARE INCLUDED IN AN APPLICATION FOR A SURFACE WATER EXPLOITATION PERMIT?

According to the provisions of Clause 1, Article 32 of Decree No. 201/2003/ND-CP, the application for a surface water exploitation permit is specifically regulated to include the following components:

1. Application for a permit to exploit and use surface water and sea water includes:

a) Application for permit;

b) Water exploitation and use plan for cases where there is no exploitation project; Report on the current status of water exploitation and use along with operating procedures where there are existing exploitation works (if in cases where operating procedures are required);

c) Water source quality analysis results no more than three (03) months from the time of application submission;; d) Location map of water exploitation works.

In case there is no surface water or sea water exploitation project, the application for a permit  must be submitted during the investment preparation stage.

2. Procedure for preparing surface water exploitation and use documents

– Collect necessary data for document preparation and field survey of the project area.

– Collect and synthesize documents on water source characteristics in the exploitation area.

– Conduct measurements, take samples and determine coordinates of points (exploitation, distribution and use of water at the project).

– Research, calculate and make statistics on water flow that needs to be exploited for use at the project.

– Research and synthesize data to determine water exploitation and use methods.

– Research and evaluate the effects of water exploitation and use on water sources, the environment and other water users.

– Complete the necessary drawings.

– Compile data and complete surface water exploitation and use documents.

– Submit documents to the competent state agency for appraisal and approval according to regulations.

Document appraisal agency:

– Department of Water Resources Management

– Ministry of Natural Resources and Environment – Departments of Natural Resources and Environment of provinces.

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

Pursuant to Clause 1, Article 21 of Decree No. 02/2023/ND-CP has the following regulations:

– The surface water and sea water exploitation, use permit is valid for a maximum of 15 years, a minimum of 05 years and can be considered for extension many times, each extension is for a minimum of 03 years, a maximum of 10 years;

– The underground water exploration permit is valid for 02 years and can be considered for renewal in 01 lane, the extension period must not exceed 01 year;

– The underground water exploitation, use permit has a maximum term of 10 years, a minimum of 03 years and can be considered for extension many times, each extension is a minimum of 02 years, a maximum of 05 years.

V. CONSULTING SERVICES FOR MAKING SURFACE WATER EXPLOITATION PERMIT

tNGO International Company Limited is an organization that consults and completes surface water exploitation documents with prestige, quality and on schedule for the projects.

If you need to prepare documents or need advice on information about Surface Water Exploitation Permit, please contact hotline: 0969 867 924 or 0969 867 925