What is exploitation permit profile?

When businesses would like to use groundwater to serve manufacturing process, because the area has no water supply, ..., enterprises must make groundwater extraction profile before using.

This is necessary document when business need to use groundwater sources to help the government manage and track to give reasonable plans and protect groundwater resources.

Water is a very important resource, but not a infinite resource that we can use without control. It will lead to unpredictable consequences in advance.

In order to strengthen the management of government, improve the responsibility to protect, exploit and use of water of organizations, individuals who need to use underground water resources. When coming into operation, businesses need to do permit for groundwater extraction as stipulated by the Government. 

During operation, if there are any changes related to groundwater exploitation, businesses should make adjustments or registration again. At the same time, businesses should extend in accordance with the provisions of Decree No. 149/2004/ND-CP.

If there is no groundwater extraction permit, it will be at risk of confiscation of business licenses or severe administrative penalties according to Decree No. 142/2013/ND-CP applicable from December 12, 2013. 

In case of a unit, group or individual who has groundwater exploitation permit, within 3 months before the license expires, businesses must make application for extension of groundwater extraction permit according to current regulations. 

Subjects permit groundwater extraction

All national and foreign enterprises in Vietnam, manufacture factory, service, business would like to use groundwater. 

Establishments, enterprises that use groundwater or groundwater extraction project without registration groundwater extraction permits.

Every 6 months, establishments, enterprises or theirs projects using groundwater have to do reports on the use of groundwater.

Legal basis

• Water Resources Law No. 17/2012/QH13 was adopted by National Assembly on June 21, 2012.
• Decree No 201/2013/ND-CP dated November 27, 2013 on implementation of some articles of the law on water resources. 
• Decree No 142/2013/ND-CP dated October 24, 2013 on sanctioning of administrative violations in the field of water and mineral resources.
• Decree No 149/2004/ND-CP dated July 27, 2004 on granting license of exploration, exploitation and use of water resources, wastewater discharge into water sources. 
• Circular No. 27/2014/TT-BTNMT dated May 30, 2014 on registration of groundwater extraction, sample documents of grant, extension, adjustment and reissue of water resources license.

Regions must register groundwater extraction

Defined in Article 4, Circular 21/2014 dated on May 30, 2014 as follows:

–  Areas where the groundwater level was lower than the lower water level allowed by the province or city directly under the Central Government (hereinafter referred to as the provincial People's Committee); areas where the groundwater level decline in three (03) continuous years and have the risk of lowering the water level more than permission; 

–  Areas have landslide, deformation due to mining projects; urban areas, rural residential areas in the limestone areas or in areas with soft soil structure;

–  Areas have saltwater intrusion due to groundwater extraction; deltas, coastal have saline aquifers, brackish water are inter-linked or adjacent to the area where groundwater is salted or brackish; 

–  Areas have been contaminated due to groundwater exploitation; areas within a smaller distance (01) km to the centralized landfill, waste landfills, cemeteries and other hazardous waste generators;

–  Urban and residential areas concentrated in rural areas, export processing zones, industrial parks, clusters and craft villages have been connected to the centralized water supply system and ensure a stable water supply in terms of quantity and quality.

–  Based on the characteristics of the aquifer, the current state of exploitation and use of underground water, the requirements of local, provincial People's Committees will specify the allowed water level, but does not exceed a half of the thickness between the aquifer to no pressure aquifer, does not exceed the roof of the aquifer and is not deeper than 50 m from the ground to the pressure aquifer.

–  For organizations and individuals have wells for underground water exploitation for production, business and services with scale of maximum of 10 m3/day, drilling wells for underground water for household activities , cultural activities, religious, scientific research in the areas specified in Article 1 and greater depth of 20 m, it must carry out the registration of underground water exploitation.

Pprocess of making groundwater extraction permit

• Identify location, regional capacity to exploit.
• Survey, collect data, topography, geomorphology, geography, climate and hydrological conditions.
• Identify social, economic, environmental conditions in the area.
• Identify the characteristics of geology, hydrology affecting groundwater extraction.
• Collec water samples analyzed in the laboratory.
• Determine structure of wells and water reserves.
• Set up regional map and location work at ratio of 1/50,000 to 1/25,000 by coordinates VN 2000.
• Calculate, forecast the lowered water level.
• Calculate the cost of operating and economic efficiency.
• Set up map of water wells.
• Complete documents for groundwater extraction permits.
• Submit documents for environmental management agencies, depending on groundwater extraction capacity of the production facilities and business.

Documents should be prepared to permit extraction of groundwater 

• Application for permit (Form No. 05/NDD).
• Scheme of groundwater extraction (Form No. 06/NDD).
• Map of the area and the location of the groundwater extraction with the ratio from 1/50,000 to 1/25,000 according to the coordinates system VN 2000.
• Report on results of exploration and evaluation of underground water reserves for projects with a flow of 200 m3/day.night or more (form No. 07/NDD), report on results of well construction for projects with volume smaller than 200m3/day (form No. 09/NDD). 
• Report on the exploitation of underground water exploitation projects in operation (form No. 10/NDD).
• Analytical results of water quality for using are regulated by government at the time of permit application.
• Certified copy of certification, or valid papers on land use rights according to provisions of the Land Law in where exploitation wells.
• If exploitation wells are not under the land use of permitted organization or individual, there must be a written agreement for land use between organizations and individuals who exploit and organizations and individuals who have land use rights and competent level people's committee confirmed.
• Sample records for granting groundwater exploitation permit as defined in Section II of the Circular 02/2005/ TT-BTNMT dated on June 24, 2005. 
• Number of records: 02 (sets).

Duration of groundwater extraction permits

Duration of groundwater extraction permit is no more than fifteen (15) years and is considered for extension, but the extension period does not exceed ten (10) years.

However, in process of using groundwater, we have to change the duration, adjust contents of permits if following cases occur: 

• Water source does not ensure normal water supply;
• Demand for exploiting, using of water increase, but there is no remedial measures, additional water sources;
• Restriction of exploitation and use of water when the occurrence of extraordinary circumstances happen;
• Water extraction cause ground subsidence, deformation of works, salinization, exhaustion, severe pollution of underground water sources.

Another point needs emphasis is to carry out the procedures for extension of underground water exploitation licenses at the time of more than 3 months before the expiry date of the license.

If organization or individual do not use licenses, organization or individual should implement procedures to return the license, accompany with written explanations for reasons for authorized agencies. Organizations and individuals have returned license shall be considered only for new licenses after two (2) years from the date of returning license.

Businesses and organizations licensed groundwater exploitation permit should abide the rules. If not, they will be sanctioned under the Decree 142/2013/ND-CP.

Aim at sustainable development and smooth operation, businesses and organizations need to complete legal documents, especially the environmental records.

Anh Thuy Tech with dynamic, professional consultants has made beliefs for customers in the field of consultancy and support in preparation of environmental documents, especially in consultancy of groundwater extraction permit with high efficiency and reasonable cost. 

For further details, please contact us via Email: info@anhthuytech.vn or Tel: (08) 3997 1529.