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Decree No. 02/2023/ND-CP elaborating certain Articles of the Law on Water Resources.

Country/Territory
Viet Nam
Document type
Regulation
Date
2023
Source
FAO, FAOLEX
Subject
Water
Keyword
Freshwater resources management Surface water Groundwater Water abstraction Water rights Authorization/permit Data collection/reporting Monitoring
Geographical area
Asia, East Asian Seas, South-Eastern Asia
Abstract

This Decree of the Government implements provisions of the Law on Water Resources relative to granting water resource-related licenses. To receive a license, organizations and individuals must complete the data requirements, and have projects and reports that match approved relevant planning schemes. Water resources licenses include license for exploration of groundwater, license for exploitation and use of surface water, license for exploitation and use of groundwater, and license for exploitation and use of seawater. To be granted water resources licenses, organizations and individuals must obtain opinions of representatives of local communities and related organizations and individuals, produce schemes or reports in conformity with relevant master plans on water resources, provincial master plans, regulations on areas where exploitation of groundwater is restricted, and other relevant specialized master plans, or suitable to the water resource potential in case these areas are not yet covered by master plans and regulations on restriction of exploitation of groundwater. However, these schemes or reports must be made by qualified organizations and individuals with sufficient, clear, accurate and truthful information and figures. The Decree also provides validity period for each type of water resources licenses. Specifically, the validity period of licenses for exploitation and use of surface water and sea water is between five years and 15 years and may be extended for between three years and 10 years for unlimited times. Meanwhile, a license for exploration of groundwater will be valid for two years and may be extended once for up to one year. The validity period of a license for exploitation and use of groundwater will be between three years and 10 years and may be extended for two years to five years for unlimited times.

Full text
Vietnamese/English
Website
thuvienphapluat.vn

References - Legislation

Implements

Law No. 17/2012/QH13 on Water Resources.

Legislation | Viet Nam | 2012

Keyword: Framework law, Basic legislation, Freshwater resources management, Surface water, Groundwater, Freshwater pollution, Rainwater, Water rights, Saltwater intrusion/siltation, Waterworks, Water supply, Hydropower generation, Water shortage/drought, Flood, Dispute settlement, Authorization/permit, Hazards, Pollution control

Source: FAO, FAOLEX

Law No. 72/2020/QH14 on Environmental Protection.

Legislation | Viet Nam | 2020

Keyword: Basic legislation, Protection of environment, Environmental planning, Environmental standards, Pollution control, Hazardous waste, Land-use planning, Marine pollution, Protection of habitats, Recycling/reuse, Soil conservation/soil improvement, EIA, Solid waste, Waste management, Waste prevention, Access-to-information, Data collection/reporting, Ecosystem preservation, Enforcement/compliance, Sustainable development, Climate change, Coastal zone management, Water conservation zone, Freshwater pollution, Soil pollution/quality, Soil rehabilitation, Urban land, Agricultural land, Waste disposal, Procedural matters, Processing/handling, Inspection, Monitoring, Liability/compensation, Emissions trading, Effluent waste water/discharge, Dispute settlement, Authorization/permit, Policy/planning, Emissions, Standards, Freshwater resources management, Inland waters

Source: FAO, FAOLEX

Repeals

Decree No. 201/2013/NĐ-CP detailing the implementation of the Law on Water Resources.

Legislation | Viet Nam | 2013

Keyword: Freshwater resources management, Surface water, Groundwater, Waterworks, Water supply, Water charges, Basin/catchment/watershed, Institution, Inland waters

Source: FAO, FAOLEX