Thông tư 27/2014/TT-BTNMT về việc đăng ký khai thác nước dưới đất, mẫu hồ sơ cấp, gia hạn, điều chỉnh, cấp lại giấy phép tài nguyên nước do Bộ trưởng Bộ Tài nguyên và Môi trường ban hành

CIRCULAR

REGULATING THE REGISTRATION FOR GROUNDWATER EXTRACTION, FORM OF DOSSIER FOR ISSUE, EXTENSION, MODIFICATION, RE-ISSUE OF WATER RESOURCE PERMIT

Pursuant to the Law on water resources No. 17/2012/QH13 dated June 21, 2012;

Pursuant to Decree No. 21/2013/ND-CP dated March 04, 2013 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 201/2013/ND-CP dated November 27, 2013 of the Government detailing the implementation of a number of articles of the Law on water resources;

At the request of Director of Department of Water Resources Management and Director of Legal Department,

The Minister of Natural Resources and Environment regulates the registration for groundwater extraction, form of dossier for issue, extension, modification, re-issue of water resource permit.

Chapter I

GENERAL PROVISION

Article 1. Scope

This Circular regulates the registration for groundwater extraction, form of application, permit, contents of scheme and report in dossier for issue, extension, modification, re-issue of water resource permit.

Article 2. Subjects

This Circular applies to the foreign and domestic agencies, organizations and individuals (hereafter referred to as organizations and individuals) having activities related to the exploration, extraction and use of water resources and discharge of wastewater into the water sources of the territory of the Socialist Repulic of Vietnam.

Article 3. Explanation of terms

1. Groundwater extraction works are a system that consists of one or more bored wells, dug wells, pits, corridors, veins and caves for groundwater extraction owned by an organization or individual and with the adjacent distance between them of less than 1,000m.

2. Surface water extraction works consist of reservoir, rolling weir, spillway, canal, sluice, pumping station of surface water extraction.

3. Flow of groundwater extraction of a works is the total flow of bored wells, dug wells, pits, corridors, veins and caves for groundwater extraction of that works.

4. Areas affected by the groundwater extraction of a works is the area with water level or pressure level of aquifer lowered greater than 0.5 m due to the extraction activities of that works.

5. Production, business and services facilities which discharge wastewater with the scale of less than 5 m3/day with the required permit for discharge wastewater into water sources are the facilities operating in the following fields:

a) Textile dyeing; garment with the textile dyeing and pattern printing; laundry with washing step;

b) Metallurgy, metal recycling, metal plating; production of electronic components;

c) Treatment and recycling of industrial wastes; tanning and leather recycling;

d) Mineral processing with chemical use; petrochemical refining and processing of petroleum products;

dd) Production of pulp and paper; plastic, rubber, detergents, additives, fertilizers, chemicals, pharmaceuticals, oriental medicine, cosmetics, pesticides; battery; bamboo and rattan products, wood processing with chemical impregnation; processing of cassava starch and monosodium glutamate;

e) Medical examination and treatment with medical wastewater generated;

g) Performance of experiments with the use of chemicals and radioactive substances.

Chapter II

REGISTRATION FOR GROUNDWATER EXTRACTION

Article 4. Areas with compulsory registration for the groundwater extraction

1. These areas are:

a) Areas with the groundwater level which is lower than the water level lowered as stipulated by People’s Committee of provinces and centrally-affiliated cities (hereafter referred to as provincial People’s Committee); areas with the groundwater level which has been declined for three (03) consecutive years and is at risk of lower than the permissible low water level;

b) Areas with land subsidence, deformation of works due to the extraction of groundwater; urban areas and rural residential areas located in limestone areas or in areas with weak soil structure;

c) Areas with saltwater intrusion due to groundwater extraction; deltas, coastal areas with aquifers of salt and fresh water interlaced or areas adjacent to areas where the groundwater is salty or brackish;

d) Areas polluted or increasingly polluted due to groundwater extraction; areas located within a distance smaller than one (01) km to the concentrated disposal site, landfills, cemetery and other sources of hazardous waste;

dd) Urban areas, concentrated residential areas in rural areas, export processing zones, concentrated industrial clusters and handicraft villages that have been connected to the centralized water supply system with stable water supply assurance in terms of quantity and quality.

2. Based on the characteristics of the aquifers, the current state of extraction and use of groundwater and management requirements of local authorities, the provincial-level People's Committees shall specify the permissibly lowered water level, but not exceeding half the thickness of the aquifer for the unconfined aquifer, and not exceeding the roof of aquifer and not deeper than 50 m from the ground to the confined aquifers

3. Organizations and individuals having their bored wells to extract groundwater for business, production and services with the scale of not greater than 10 m3/day and for domestic use of households, for cultural, religious and scientific research activities located in the areas specified in Clause 1 of this Article and with their depth of greater than 20 m must register the groundwater extraction.

Article 5. Limitation and announcement of areas with compulsory registration for groundwater extraction

1. Designation of areas with compulsory registration for groundwater extraction

a) Department of Natural Resources and Environment of the provinces and centrally-affiliated cities (hereinafter referred to as the Department of Natural Resources and Environment) will conduct the investigation, evaluation and identification of areas with compulsory registration for groundwater extraction; make a list of areas with compulsory registration for groundwater extraction in the local areas.

b) List of areas with compulsory registration for groundwater extraction

- Geographic location, area, administrative boundaries of each area;

- Main data and grounds designation of each area

2. Approval for List of areas with compulsory registration for groundwater extraction

Department of Natural Resources and Environment shall submit the List of areas with compulsory registration for groundwater extraction to the provincial People’s Committee for approval after consulting with the Department of Water Resources Management.

3. Publication of List of areas with compulsory registration for groundwater extraction

Department of Natural Resources and Environment shall publicize the approved List of areas with compulsory registration for groundwater extraction on the mass media at locality and make announcement to the People’s Committees of districts, townships and provincially and centrally-affiliated cities (hereafter referred to as district People’s Committee) and People’s Committees of communes, wards and towns (hereafter referred to as communal People’s Committee) where there are areas with compulsory registration for groundwater extraction.

4. Adjustment of List of areas with compulsory registration for groundwater extraction

Every five (05) years or in case of necessity, the Department of Natural Resources and Environment shall review and request the provincial People’s Committee to adjust the List of areas with compulsory registration for groundwater extraction.

Article 6. Registration for groundwater extraction

1. Registration authority for groundwater extraction is the communal People’s Committee or district People’s Committee under the decision of provincial People’s Committee.

2. Order and procedures for registration:

a) Based on the approved List of areas with compulsory registration for groundwater extraction, heads of residential groups, heads of hamlets, villages, mountain hamlets, mountain villages (hereafter referred to as head of residential group) shall review and make a list of organizations and individuals having their bored wells for groundwater extraction subject to compulsory registration in the areas; make an announcement and hand over two (02) declarations specified in the Form No.38 of the Annex attached to this Circular to the organizations and individuals for declaration;

In case of no bored well, organizations and individuals shall make registration for groundwater extraction before well boring;

b) Within ten (10) working days after receipt of 02 declarations, the organizations and individuals shall complete them and submit them to the registration authority or the head of residential groups for submission to the communal People’s Committee. The communal People’s Committee shall submit these declarations to the district People’s Committee in case the registration authority is the district People’s Committee.

c) Within ten (10) working days after receipt of 02 declarations from the organizations and individuals, the registration authority shall verify the contents and certify these declarations and send one (01) copy to the organizations and individuals;

3. In case of having registered the groundwater extraction, if the extraction and use are stopped, the organizations and individuals shall inform and return the declarations to the registration authority or the head of residential groups and fill in the unused wells as stipulated.

4. The registration authority shall have a monitoring book to update data of registration for groundwater extraction on local areas, make a summary and report to the Department of Natural Resources and Environment. Where the registration authority is the communal People’s Committee, the report of registration result shall be sent to the district People’s Committee for summary and report to the Department of Natural Resources and Environment;

Chapter III

FORM OF APPLICATION, PERMIT, CONTENT OF SCHEME AND REPORT IN DOSSIER FOR ISSUE OF WATER RESOURCES PERMIT

Article 7. Form of application for issue, extension, adjustment and re-issue of water resources permit

The application for issue, extension, adjustment and re-issue of water resources permit is made under the form specified in Part I of the Annex attached to this Circular.

Article 8. Form of water resources permit

The water resources permit is made under the form specified in Part II of the Annex attached to this Circular.

Article 9. Content of scheme and report on exploration, extraction, use of water resources and discharge of wastewater into the water sources;

1. The contents of scheme and report on exploration, extraction, use of water are made under the form specified in Part III of the Annex attached to this Circular.

2. The contents of scheme and report on extraction and use of surface water and seawater are made under the form specified in Part IV of the Annex attached to this Circular.

3. The contents of scheme and report on discharge of waswater into the water sources are made under the form specified in Part V of the Annex attached to this Circular.

Chapter IV

IMPLEMENTATION

Article 10. Effect

1. This Circular takes effect on July 15, 2014;

This Circular supersedes Circular No. 02/2005/TT-BTNMT dated June 24, 2005 of the Minister of Natural Resources and Environment guiding the implementation of Decree No. 149/2004/ND-CP dated July 27, 2004 of the Government on licensing the exploration, extraction, use of water resources and discharge of wastewater into water sources.

2. Dossiers to request the issue of permit for exploration, extraction, use of water resources and discharge of wastewater into water sources received by the competent authority before the effective date of this Circular shall be assessed and considered an issue of permit under the form specified in Circular No. 02/2005/TT-BTNMT dated June 24, 2005 of the Minister of Natural Resources and Environment guiding the implementation of Decree No. 149/2004/ND-CP dated July 27, 2004 of the Government on licensing the exploration, extraction, use of water resources and discharge of wastewater into water sources.

Article 11. Responsibility for implementation

1. The provincial People’s Committees are responsible for direction of implementing this Circular at localities;

2. Department of Natural Resources and Environment is responsible for advising and assisting the provincial People's Committee in managing the registration and licensing of exploration, extraction, use of water resources and discharge of wastewater into water sources in the local area; making annual summary and report for submission to the provincial People's Committee and the Department  of water resource management on the registration and licensing of exploration, extraction, use of water resources and discharge of wastewater into water sources before December 15.

3. The Department of water resource management shall advise and assist the Ministry of Natural Resources and Environment in management of registration and licensing of exploration, extraction, use of water resources and discharge of wastewater into water sources and summary of reality of registration and licensing of exploration, extraction, use of water resources and discharge of wastewater into water sources on a national scale.

---------------

This document is handled by Luật Dương Gia. Document reference purposes only. Any comments, please send to email: dichvu@luatduonggia.vn