SUPPLEMENTING CASES OF WATER EXPLOITATION AND USE NOT REQUIRING WATER PERMITS

No.

Criteria

Decree 201

Decree 02

Purpose

1

The basis for granting Water Resources License

Water resources planning.

Water resources planning, provincial planning, provisions on restricted areas for exploitation of underground water, and relevant specialized planning approved by competent authorities.

The supplementation facilitates for the uniformity and consistency in planning and ensures the economical and efficient water use.

2

Amending and supplementing some conditions for granting Water Resources Licenses

- The condition for compliance with the water resources planning:

"Having schemes and reports in accordance with the water resources plannings or with the water sources capacity if there is no planning";

- The condition on equipment and human resources for cases with a scale of up to 3,000 m3/day:

"In case of exploitation and use of groundwater with a scale of 3,000 m3/day or more, there must be equipment and human resources capable of monitoring and supervising water exploitation activities.

Additional conditions on other plannings

- Having schemes and reports in accordance with the water resources planning, provincial planning, provisions of areas restrict the exploitation of underground water, and relevant specialized planning that have been approved or suitable for the capacity of water sources if there is no planning.

- Reject this condition.

However, in the Appendix guiding the content of the application dossier, the report must have all information on technology, techniques of monitoring activities; At the same time, organizations and individuals making reports must self-declare information on capacity and evaluate the satisfaction of prescribed conditions.

This supplementation complies with the licensing grounds in section 1.

In fact, this condition in Decree 201 has been converted and detailed in the Appendices guiding the content of the application dossier issued under Decree 02 to create favorable conditions for organizations and individuals to apply for licenses.

3

Cases of suspension of the validity of the license

- Violating the contents specified in the license causes pollution, serious depletion of water sources;

- Transferring of the right to exploit water resources without the approval of the competent authority;

- Failure to fulfill legal financial obligations as prescribed;

- Abusing the licenses to organize illegal activities.

Supplementing two cases:

- The underground water exploitation causes subsidence, deformation of constructions, salinization, depletion, serious pollution of water sources.

- The operation of reservoirs and dams causes floods, artificial inundation seriously affecting the production and daily life of people in the upstream and downstream of the reservoirs and dams.

The supplementation of this regulation has created a legal basis  for handling of violations in actual cases, thereby enhancing the responsibility of the investors  when carrying out activities related to the  exploitation and use of  water resources.

4

More cases of water exploitation and use do not have to apply for water resource licenses

Constructions subject to be licensed do not fall into the following 2 cases:

1.    The cases that do not have to be registered, do not have to apply for license: small-scale constructions and / or for non-production and business purposes.

2.    The cases subject to registration only apply to the constructions of underground water exploitation and use in restriction areas.

Narrowing the scope of constructions subject to be licensed when expanding non-licensing cases:

1. The cases that do not have to be registered, do not have to be licensed: supplementing the case of reservoirs, irrigation dams with a total capacity of less than 0.01 million m3.

2. The cases subject to registered: beside the case of exploitation and use of groundwater mentioned in Decree 201, supplementing constructions on exploitation and use of surface water and seawater with the capacity exceeding the  of the capacity range regulated in above Section 1 but not to the range where a license is required.

The supplementation of cases that do not have to be registered, do not have to have a license and cases that only have to be registered without a permit facilitates and minimizes legal procedures for small and medium-sized works.