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Groundwater exploitation permit

I. Legal grounds

  1. Law on water resources No. 17/2012/QH13
  2. Dercee No. 201/2013/ND-CP dated November 27, 2013. detailing the implementation a number of articles of the law on water resources
  3. Dercee No.142/2013/ND-CP dated October 24, 2013, providing for sanction of administrative violations in domain of water resourses and minerals
  4. Chapter VI of the Circular No. 27/2015 / TT-BTNMT dated 15 July 2015 about Strategic Environmental Assessment, Environmental Impact Assessment and Environmental Protection Plans.

II. Synopsis

Groundwater exploitation permit is a necessary Dossiers for enterprises when they exploit groundwater. Facilitating the government to monitor and manage and make plans for adjustment and protection of water sources.

Why do enterprises have to formulate of underground exploitation permit?

At present, underground water exploitation is widespread and has serious consequences such as exhaustion of water resources and causing landslides and landslides. Therefore, the environmental protection agencies are very interested and very strict management of the problem of underground water. The establishment of underground water exploitation permits shows responsibilities and obligations for environmental protection.

+ To implement socio-economic development policies in parallel with environmental protection

+ Management of the water to be exploited and have solutions to implement.

III.Objects

All domestic and foreign manufacturing enterprises operating in the territory of Vietnam, the infrastructure and services need to apply for groundwater exploitation permits.

Enterprises and establishments are using groundwater without groundwater exploitation permits.

Note: Every 6 months, all production and business establishments currently using groundwater or having groundwater using construction must report on groundwater using status.

IV. Dossiers on registration

By article 31 of Decree No. 201/2013/ND-CP dated November 27, 2013. detailing the implementation a number of articles of the law on water resources

Every application for issuing underground water exploitation includes:

  1. a) The request for the issuance of the water permit;
  2. b) A map of the area in which the location of the work is marked;
  3. c) The exploration result on the water reserve of the underground water source and the exploitation methods if the capacity of the work is 200 m3/ day or above; or the result of exploitation boreholes if the capacity of the work is below 200 m3/day and the work has not been built; the report on the water exploitation if the exploitation work is in operation;
  4. d) Results of water quality analysis which are obtained within six (06) month before the submission of the application.

If the underground water exploitation work has not been built, the application for issuing the permit must be submitted in the stage of investment preparation.

V. Procedure

By article 35 of Dercee No. 201/2013/ND-CP dated November 27, 2013. detailing the implementation a number of articles of the law on water resources

  1. Receiving and assessing applications:
  2. a) Every applicant shall send two (02) sets of application and the fee for checking it to an application-receiving agency according to the regulations of the Law. If the case is within the jurisdiction of the Ministry of Natural Resources and Environment, the applicant must send an (01) additional set to the Service of Natural Resources and Environment of the province in which the work is located;
  3. b) Within ten (10) working days from the receipt of the application, the application-receiving agency is responsible for assessing it. If the application is not satisfactory, the application-receiving agency shall request the applicant to satisfy it according to the regulations.

If the application is not satisfactory after being amended by the applicant, the application-receiving agency shall return the application and give a written explanation to the applicant.

  1. Assessing schemes, reports on exploration, exploitation of water and discharge of wastewater in the applications (hereinafter referred to as applying scheme/report):
  2. a) Within thirty (30) working days from the receipt of a satisfactory application prescribed in Clause 1 this Article, the application-receiving agency is responsible for assessing the applying schemes and/or reports; carrying out the physical verification or establishing an assessing council if necessary. If all the requirements for issuing the permit are met, the application-receiving agency shall request the licensing agencies to consider issuing it; otherwise, it shall return the application to the applicant with explanation;
  3. b) If there is any content in the applying scheme or report which is required to be amended, the application-receiving agencies shall send a written notification of such content to the applicant. The period over which the schemes, reports is completed or redeveloped is not included in the time for assessing them. The time limit for assessing the completed applying schemes, reports is twenty (20) working days;
  4. c) If the applying schemes, reports are required to be redeveloped, the application-receiving agencies shall return the application and inform the applicants in writing the unsatisfactory contents which require the applying schemes, reports to be redeveloped.

V. Penalties for violations

By article 7, chapter of Decree No. 33/2017/ND-CP dated April 03, 2017, penalties for administrative violations agaisnt regulations on water and mineral resources

  1. A warning or a fine ranging from VND 100,000 to VND 500,000 shall be imposed for failure to carry out the registration of groundwater exploration/ extraction as regulated by law.
  2. Fines shall be imposed for failure to obtain a license when conducting groundwater exploration activities. To be specific:
  3. a) A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed for failure to obtain a license to conduct groundwater exploration for serving the drilling of 01 borehole;
  4. b) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to obtain a license to conduct groundwater exploration for serving the drilling of 02 boreholes;
  5. c) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failure to obtain a license to conduct groundwater exploration for serving the drilling of 03 boreholes;
  6. d) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to obtain a license to conduct groundwater exploration for serving the drilling of 04 boreholes;

dd) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to obtain a license to conduct groundwater exploration for serving the drilling of 05 boreholes or more.

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