Thông tư 02/2005/TT-BTNMT

Circular No. 02/2005/TT-BTNMT of June 24, 2005, guiding the implementation of the Government Decree 149/2004/ND-CP regulating the licensing of water resources exploration, exploitation, utilization and waste water discharge into water sources

Circular No. 02/2005/TT-BTNMT of June 24, 2005, guiding the implementation of the Government Decree 149/2004/ND-CP regulating the licensing of water resources exploration, exploitation, utilization and waste water discharge into water sources đã được thay thế bởi Circular No.27/2014/TT-BTNMT registration for groundwater extraction form of water resource permit và được áp dụng kể từ ngày 15/07/2014.

Nội dung toàn văn Circular No. 02/2005/TT-BTNMT of June 24, 2005, guiding the implementation of the Government Decree 149/2004/ND-CP regulating the licensing of water resources exploration, exploitation, utilization and waste water discharge into water sources


THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
-------

SOCIALIST REPUBLIC OF VIETNAM
Independence- Freedom- Happiness
---------

No. 02/2005/TT-BTNMT

Hanoi June 24, 2005

CIRCULAR

GUIDING THE IMPLEMENTATION OF THE GOVERNMENT DECREE 149/2004/ND-CP REGULATING THE LICENSING OF WATER RESOURCES EXPLORATION, EXPLOITATION, UTILIZATION AND WASTE WATER DISCHARGE INTO WATER SOURCES

Pursuant to the Government Decree No. 91/2002/ND-CP dated November 11, 2002 on regulating the mandates, tasks, authority and organizational structure of the Ministry of Natural Resources and Environment;
Pursuant to the Government Decree 149/2004/ND-CP regulating the licensing of water resources exploitation, abstraction and utilization and waste water discharge into water sources; and,
The Ministry of Natural Resources and Environment shall give guidance on licensing of water resources exploration, exploitation, utilization and waste water discharge into water sources as follows;

I. GENERAL PROVISIONS

1. Scope of regulations

This Circular shall detail guidelines on: granting and issuing, renewing, amending, suspending and revoking licences for groundwater exploration, groundwater abstraction and utilization, surface water exploitation and utilization, and waste water discharge into water sources including rivers, streams, coastal waters, reservoirs, lakes, ponds; the regulation of application forms and dossiers, and the form of licenses.

Licensing of discharge of wastewater into water sources from boats or ships shall be regulated in another guiding document.

2. Application of Regulation

This Circular shall be applied to organizations and individuals involved in: groundwater exploration, groundwater abstraction and utilization, surface water exploitation and utilization, and discharge of wastewater into water sources.

3. Definitions

The following definitions shall apply in this Circular:

3.1. Household scale water resources, exploitation and utilization, and wastewater discharge into water sources are those that do not exceed the following thresholds:

- 0.02 m3/s for exploitation, utilization of surface water for agricultural production;

50 kW of installed capacity of a hydropower station using surface water for power generation without releasing water to another river basin;

100 m3/day for exploitation and utilization of surface water for other purposes;

20 m3/day for abstraction and utilization of groundwater;

10 m3/day for discharge of wastewater.

A groundwater abstracting zone is an area that includes the groundwater abstracting works, and a safety zone referred to in the licence.

A groundwater abstracting work is a system of one or a number of boreholes, excavated wells, groundwater interception trenches, or other facilities to access any groundwater, including spring water or cave water. Abstraction facilities that have a groundwater abstracting zone that is within 1000m of a groundwater abstracting zone of other abstraction works owned by same organization or individual will be considered a single work for the purpose of licensing.

Yield of a groundwater work means a total yield of all boreholes, excavated wells, interception trenches, or other groundwater abstraction devices contained in a licence.

The total groundwater discharge volume in dry seasons in an area is: the average natural dry seasons flow in a number of consecutive years in the region, measured by the total discharge flow in rivers in dry seasons (in mountainous areas), and; the average of the natural water volume contained in a groundwater area in the beginning minus natural water volume contained in a groundwater area at the end of dry seasons (in plain areas).

4. Cases exempted from licensing

Abstraction and utilization of surface water in accordance with Item d, Clause 1, Article 6 of the Decree 149/2004/ND-CP involves abstraction and utilization of rain water agglomerated in natural lakes and ponds entirely within the property that is owned or leased by the land owner.

In accordance with clause 3 article 6 decree 149/2004/ND-CP Provincial People's Committees shall determine the groundwater abstraction areas and the depth of drilled boreholes that have to be registered based on:

a. Current situation of groundwater abstraction and utilization;

b. Groundwater discharge volume;

c. Geographical features of aquifers; intertwined fresh and saline aquifers.

4.3. Based on the water availability and the water use and wastewater discharge situation in the region, and on clause 3.1 Article 3 of this circular, the Provincial People's Committee shall regulate the household scales that are exempted from applying for licences.

5. Authority and power to grant, renew, amend, suspend and revoke licenses

5.1. The Ministry of Natural Resources and Environment shall grant, renew, amend, suspend and/or revoke licences for individuals or organizations that:

a. Exploit and utilize water resources for significant national-scale constructions/works that have been ratified by the Prime Minister;

b. Explore, abstract and utilize groundwater for projects with an abstraction rate of 3,000 m3 per day or more;

c. Exploit and utilize surface water for agricultural production at a rate of 2m3 per second or more;

d. Exploit and utilize surface water for power generation with an installed capacity of 2,000kW or more;

e. Exploit and utilize surface water for other purposes at a rate of 50,000 m3/day or more;

f. Discharge wastewater into a water source at a rate of 5,000m3 per day or more.

5.2. Provincial People's Committees shall grant, renew, amend, suspend and/or revoke licences for the cases that are not included in section 5.1 hereinabove and in Article 6 of decree 149/2004/ND-CP.

6. Licence contents

6.1. A groundwater exploration licence shall include:

a. Name, address of the licence holder;

b. Purpose and scale of exploration;

c. Co-ordinates and area of exploration site;

d. Aquifers to be explored;

e. Location and details of exploration works;

f. Exploration licence duration;

g. Requirements of the licensing agency for each exploration borehole in order to: protect the aquifer to be explored and the environment surrounding the exploration site; assure efficiency and quality of the exploration works; protect the legitimate rights and benefits of other organisations and individals within the area to be impacted by exploration.

h. Responsibilities and obligations of the licence holder.

6.2. Groundwater abstraction and utilisation licence shall include:

a. Name and address of licence holder;

b. Purposes of abstraction/ utilisation;

c. Locations and details of groundwater abstraction works;

d. Aquifers to be exploited;

e. Total number of bores, wells or groundwater interception trenches, or other facilities to access any groundwater, including spring water or cave water;

f. Total abstraction and utilisation quantity;

g. Abstraction regime/patern;

h. Key parameters of abstraction works;

i. Licence duration;

j. Requirements of the licensing agency for specific groundwater abstraction and utilisation that will: ensure that aquifers to be abstracted do not become deteriorated and exhausted; ecosystem protection ensure that ground depression does not occur; protect the legitimate rights and benefits of other organisations and individals who abstract and utilise groundwater within the abstraction area.

k. Responsibilities and obligations of the licence holder.

6.3. Surface water exploitation and utilization licence shall include:

a. Name and address of the licence holder;

b. Purpose of exploitation /utilization;

c. Sources for exploitation /utilization;

d. Location of exploitation /utilization works;

e. Methods of exploitation /utilization;

f. Quantity of exploitation /utilization;

g. Licence duration;

h. Requirements of the licensing agency for a specific surface water abstraction/utilization to:

Maintain the ecological flow of the water sources;

Protect legitimate rights and benefits of other organisations and individuals exploitation /utilising water from the same sources.

i. Responsibilities and obligations of the licence holder.

6.4. Wastewater discharge licence shall include:

a. Name and address of the licence holder;

b. Wastewater receiving water source;

c. Location of wastewater discharge;

d. Discharge rate and method of discharge;

e. Contents and load of pollutants in wastewater:

f. Licence duration;

g. Requirements of the licensing agency for a specific wastewater discharge concerning:

Water environment and water ecology protection;

Protection of the quality of receiving waters

- Protection of legitimate rights and benefits of other organisations/individuals discharging wastewater into the receiving sources. h. Responsibilities and obligations of the licence holder.

7. Duration and extension of licences

The duration and extension of licences for abstraction and utilization of groundwater, for surface water exploitation and utilization, and for discharge of wastewater into water sources shall be determined in compliance of the regulations provided for in Articles 5 and 7 of the Decree 149/2004/ND-CP and be based on the following criteria:

7.1. For groundwater abstraction/utilization:

a. Purposes;

b. Any plan for groundwater abstraction/utilization applying to the proposed abstraction site; or groundwater potentials where no such plan is available;

c. The extent to which groundwater is exploited and the assessed groundwater abstraction rate;

d. Current situations of groundwater abstraction/utilization in the region;

7.2. For surface water exploitation and utilization:

e. Purposes;

f. Any plan for surface water abstraction/utilization applying to the proposed exploitation site; or water source potentials where no such plan is available;

g. The extent to which surface water is exploited and the assessed abstraction rates;

h. Current situations of surface water exploitation/utilization in the region;

7.3 For wastewater discharge:

a. Discharge rates, discharge methods

b. Contents and loads of pollutants in wastewater;

c. Wastewater treatment technological processes;

d. Water quality standards for receiving water sources;

e. Plans for monitoring and surveying of water quality of receiving sources;

f. Pollution reduction plans prepared by applicants for wastewater discharge;

g. Plans for management and installation of wastewater treatment systems for the whole region, each province and municipality.

8. Renewal and amendment of licences

The renewal and amendment of licences shall be decided upon by the Licensing Agency in accordance with regulations in Article 8 of the Decree 149/2004/ND-CP.

If the licence holder wants to have his/her licence renewed or amended, he/she must follow the procedures regulated in Item 2.5, Part 2 of this Circular.

The Licensing Agency shall inform the licence holder thirty (30) days in advance if they want to renew or amends a licence.

The following items on a licence may not be amended:

a. Name of licence holder

b. Water sources for exploitation and utilization, or for received wastewater

c. The exploitation, utilization water volume, if the proposed new volume exceeds the existing licenced volume by 25%.

d. The wastewater discharge volume, if the proposed new volume exceeds the existing licenced volume by 25%.

e. Licenced contents and load of pollutants in wastewater.

8.5 A licence holder must apply for a new licence to achieve any of the changes referred to in 8.4.

9. Suspension of licences

A licence shall be suspended when the licence holder violates the regulations contained in clause 1 Article 9 of the Decree 149/2004/ND-CP.

Upon regular or spot inspection and investigation, if the authorized inspection person finds that the licence holder has violated the regulations provided for in Article 9 of the Decree 149/2004/ND-CP he/she will report the violation to the Licensing Agency. Within thirty (30) days of receiving a report, the Licensing Agency will decide if the suspension is applied.

The Licensing Agency shall decide the effective duration of suspension of the licence depending on the degree to which the licence is violated, and the extent to which the suspension influences on people's production and living, with the maximum duration of:

a. Three (03) months for groundwater exploration licences;

b. Six (06) months for licences for: groundwater water abstraction/utilization; surface water exploitation and utilization; wastewater discharge.

9.4. The Licensing Agency shall consider shortening the suspension period only when the licence holder takes actions to fix negative consequences caused by the committed violations that have led to the suspension, and observes other obligations provided by laws.

10. Revocation of licences

The revocation of licences shall be decided by Licensing Agency in accordance with clause 1 Article 10 of the Decree 149/2004/ND-CP 910.1.

Upon regular or spot inspection and investigation, if the authorized inspection person finds that the licence holder has violated the regulations provided for in Items a, b, d, Clause 1 of Article 10 of the Decree 149/2004/ND-CP he/she will report the case to the Licensing Agency to decide. If the licence holder has violated the regulations provided for in Items c, d, Clause 1 of Article 10 of the Decree 149/2004/ND-CP the authorised person shall resolve the case in accordance with his/her power, and at the same time report the violation to the Licensing Agency. Within thirty (30) days of receiving a report, the Licensing Agency must make a final decision on whether or not the licence is subject to revocation.

If the authorized state agency decides to revoke a licence in accordance with regulations in Item e, Clause 1 of Article 10 of the Decree 149/2004/ND-CP the agency must inform the licence holder of the decision thirty (30) days in advance.

11. Fees for appraisal of dossier and licensing

Applicants for licences to explore, abstract and utilize water resources, or discharge wastewater into water sources shall be obliged to pay fees for appraisal of licence applications and dossiers in accordance with regulations of the Government at the time of application.

II. PROCEDURES AND PROCESSES FOR GRANTING, RENEWING, EXTENDING AND AMENDING OF LICENCES

1. Authority to hold a licence

For a proposed project, the application for licence must be signed and submitted to the Application Receiving Agency by the investor in the investment phase.

For an existing but unlicensed project that is the state property, the application must be signed by the organization or individual that is the legal manager and operator the project.

For an existing but unlicensed project that is not the state property, the application must be signed by the work owner.

For a state-owned and licensed project whose investor does not directly manage and/or operate it, the investor must issue a written agreement stating the transfer of the project to the organization/individual who manages and/or operates it. The organization/individual that manages and/or operates shall then exercise the rights and obligations as if they were the licence holder.

2. Applications for licensing, renewal, extension and amendment of licences

2.1. An application dossier for groundwater exploration shall include:

a. Application for groundwater exploration licence;

b. Project proposal for groundwater exploration for projects with capacity of 200m3/day and higher, or design of groundwater boreholes for projects with capacity of less than 200m3/day;

c. Notarised copies of certificates or legal documents for the use of sites for groundwater exploration in accordance with the Land Law; or, a document issued by the People's Committee at a relevant level approving the land use for groundwater exploration.

Forms for application for groundwater exploration licences are included in Item I of the Lists of Annexes.

2.2. An application dossier for groundwater abstraction/utilization shall include:

a. Application for groundwater abstraction/utilization licence;

b. Project proposals;

c. Location map to appropriate scale 1:50.000 or 1:25.000, showing groundwater abstraction facilities and proposed works with geographical coordinates (VN2000);

d. A report on groundwater potential assessment results for projects with capacity of 200m3/day or higher, or a report on borehole completion for projects with capacity of less than 200m3/day; a report on the status of groundwater abstraction for existing groundwater projects;

e. A report on results of groundwater quality assessment for specified purposes in accordance with the state regulations applying at the time of application;

f. Notarised copies of certificates or legal documents for the use of the land on which the water is abstracted or used in accordance with the Land Law. If the site on which the work is located is not owned by the applicant, a copy of the agreement/easement between the applicant and the land lord certified by the relevant People's Committee.

Forms for application for groundwater abstraction/utilization licences are included in Item II of the Lists of Annexes.

2.3. An application dossier for surface water abstraction/utilization shall include:

a. Application for surface water abstraction/utilization licence;

b. Project proposals on surface water abstraction/utilization enclosed with a designed operation process report for non-existing projects, or a report on status of surface water abstraction/utilization for existing projects;

c. A report on results of water quality assessment of surface water sources for specified purposes in accordance with the state regulations at the time of application;

d. Location map to appropriate scale 1:50.000 or 1:25.000, showing surface water abstraction facilities and proposed works with geographical coordinates (VN2000);

e. Notarised copies of certificates or legal documents for the use of the land on which the water is abstracted or used in accordance with the Land Law. In case the site on which the work is located is not owned by the applicant, a copy of the agreement/easement between the applicant and the land lord certified by the relevant People's Committee.

Forms for application for surface water abstraction/utilization licences are included in Item III of the Lists of Annexes.

2.4. An application dossier for wastewater discharge shall include:

a. Application for wastewater discharge licence;

b. A report on water quality analysis findings for the water sources that receives the wastewater in accordance with the state regulations at the time of applying for licence;

c. Definition of ecosystem protection area (if yet) issues by authority;

d. A copy of any regulation/s on a sanitary protection zone/s provided for by an authorized agency in the area where the wastewater will be discharged;

e. A project proposal on wastewater discharge enclosed with details of the proposed operation processes for non-existing projects; or, a report on current wastewater discharge status enclosed with wastewater analysis findings and a document from the authorized collection agency certifying the proper payment of environmental protection fees for wastewater discharge for existing projects that have installed wastewater treatment.

f. A 1/10,000 scale map showing the location of the discharge site;

g. A copy of an Environment Impact Assessment report certified by an authorised agency for wastewater discharge proposals that need to be assessed in compliance with the regulations for assessing environmental impacts;

h. Notarised copies of certificates or legal documents on land use rights in accordance with the Land Law for use of for the land on which the wastewater is discharged. In case the site on which the work is located is not owned by the applicant, a copy of the agreement/easement between the applicant and the land lord certified by the relevant People's Committee.

Forms for application for wastewater discharge licences are included in Item IV of the Lists of Annexes.

2.5. An application dossier for extension, renewal, amendment of licences on water resources exploration, abstraction, utilization, wastewater discharge into water sources shall include:

a. Application for extension, renewal and amendment of licences;

b. Issued licences;

c. A report of water quality analysis of water sources at the time of applying for licence extension, renewal or amendment;

d. A report on the status on implementation of terms and conditions in the licences;

e. Project proposals on water resources exploration, abstraction and utilization, wastewater discharge into water sources for applicants for licence amendment;

Forms for application for extension, renewal, amendment of licences on water resources exploration, abstraction, utilization, wastewater discharge into water sources are included in Item V of the Lists of Annexes.

Documents on terrain, geology, hydro-geology, hydrology, meteorology, water quality survey and monitoring and other documentation used for preparing proposals and reports, and enclosed in the application dossier for licences must be prepared by legal entities specializing such areas; the proposals and/or reports on groundwater exploration enclosed in the application for groundwater exploration/abstraction licences must be approved by the Licensing Agency.

The compilation of proposals, reports enclosed in the application for licences must follow processes and technical standards that have been issued by authorized state agencies; in cases where international processes and technical standards apply, they must be approved by the authorized state agencies;

3. Licensing procedures

The procedures for licensing water resources exploration, exploitation and utilization, and wastewater discharge provided in Clause 2 of Article 19, Clause 2 of Article 20, Clause 2 of Article 21, Clause 2 of Article 22 and in the Decree 149/2004/ND-CP shall be guided as follows:

3.1. Receiving and checking application dossier

a. The applicant for a licence shall submit the application dossier to the Application Receiving Agency in compliance with the regulations provided for in Article 14 of the Decree 149/2004/ND-CP; and if the Application Receiving Agency is the Department of Water Resources Management, send one (01) copy of the dossier to the Department of Natural Resources and Environment of the province where his/her project is located;

b. Within five (05) working days, the Application Receiving Agency shall have the responsibility to check the eligibility and appropriateness of the licence application in accordance with provisions in Items 2.1, 2.2, 2.3, 2.4, Part II of this Circular. If the application is found inadequate, ineligible, the Application Receiving Agency shall inform the applicant in writing and request the applicant to resubmit the application as required.

3.2. Appraisal duration

a. The time for appraisal of an application for a groundwater exploration licence shall be fifteen (15) working days for projects with capacity of less than 3,000 m3/day, thirty (30) working days for projects with capacity of 3,000 m3/day or higher;

b. The time for appraisal of an application for a groundwater abstraction/utilization licence shall be fifteen (15) working days for existing works. For non-existing works, the time for appraisal and approval for construction of abstraction bores shall be ten (10) working days;

c. The time for appraisal of an application for a surface water exploitation, utilization licence shall be thirty (30) working days;

d. The time for appraisal of an application for a wastewater discharge licence shall be thirty (30) working days;

The time for appraisal shall be counted from the date of receiving all required application documentation.

3.3. Contents for appraisal

a. Legal bases for application for licences to explore, exploit/abstract, utilize water resources and discharge wastewater into water sources;

b. Documentation of sources, standards, procedure, technical norms, referred to in proposals and reports on exploitation/abstraction and utilization of water resources and discharge of wastewater into water sources;

c. Appropriateness of: selected water sources; layout of exploration works, exploration methods applied and volume of exploration works apply for licence on groundwater exploration; result of groundwater evaluation, location, scale and methodology of abstraction, utilization of water resources and discharge of wastewater into water sources;

d. Consistency of water resources abstraction/exploitation, utilization and wastewater discharge with any plan on water resources abstraction/exploitation, utilization and protection applying in the region;

e. Impact of the abstraction/exploitation, utilization of water resources and discharge of wastewater on water sources, surrounding environment and the legitimate rights to abstract/exploit, utilize water resources, and discharge wastewater of other organizations and individuals;

3.4. Application appraisal arrangements

a. The Application Receiving Agency shall organize the appraisal/evaluation of applications and be responsible for the appraisal results;

b. When necessary, the Application Receiving Agency shall set up an Appraisal Board, seek comments from relevant agencies or organizations; the agencies or organizations, when referred to, shall have to answer relevant questions to the Application Receiving Agency in writing within seven (07) days upon receipt of consultation letters.

c. If the Application Receiving Agency requests a field visit to the project site, the applicant shall have to provide appropriate and adequate information in connection with the issues raised by the Application Receiving Agency;

d. If the application is subject to appraisal by the Department of Water Resources Management, the provincial Department of Natural Resources and Environment shall provide advice (if any) on the application to the Department of Water Resources Management within ten (10) working days of receipt of a copy of the application form and dossier.

3.5. The Application Receiving Agency, in accordance with provisions in Articles 4 and 5 of the Decree 149/2004/ND-CP and upon receipt of any appraisal results, shall prepare an appraisal report to submit to the Licensing Agency.

a. If the application is eligible for approval, the Application Receiving Agency shall prepare a draft licence to submit to the Licensing Agency for consideration and approval. The application form is provided in Item VI of the List of Annexes;

b. If the application is to be refused, the Application Receiving Agency shall return the application with a written notice to the applicant.

3.6. Based o the appraisal report and request by the Application Receiving Agency, the Licensing Agency shall consider granting licence/s.

4. Procedures for extending, renewing and amending licences

The extension, renewal and amendment of a licence shall be done in accordance with the provisions set forth in Clause 2 of Article 23 of the Decree 149/2004/ND-CP at and shall be detailed as follows:

4.1. Application receiving and checking dossier.

a. The licence holder applying for licence extension, renewal or amendment shall submit his/her application to the Application Receiving Agency in accordance with Article 14 of the Decree 149/2004/ND-CP; and, if the Application Receiving Agency is the Department of Water Resources Management, send one (01) copy application to the Department of Natural Resources and Environment of the province where the project is located;

b. Within five (05) working days, the Application Receiving Agency shall check the eligibility and appropriateness of the application for extension, renewal or amendment of a licence in accordance with the provisions set forth in Item 2.5 of this Circular. If the application is found inadequate, illegal or ineligible, the Application Receiving Agency shall notify the applicant in writing and request the applicant to resubmit the application as required.

4.2. Appraisal duration

Within the duration of twenty (20) working days from the date of receipt of all required application for extension, renewal and amendment of a licence, the Application Receiving Agency must have completed the appraisal of the application.

4.3. Contents for appraisal a. Extension of licence

- Justification for application for extension of the licence;

- Appropriateness and adequacy of the report submitted by the licence holder on compliance with the licence;

- Consistency of the licence extension with any plan on water resources abstraction/exploitation, utilization and protection or water availability apply in the region;

- Possible impacts of the licence extension on the water environment and on the rights to abstract, utilize water resources and discharge wastewater of other legal organizations/individuals;

b. Amendment of licences

Legal basis for the application for amendment of the licence;

Justification for application for amendment of the licence;

Appropriateness and adequacy of the report submitted by the licence holder on the compliance with the licence;

Consistency of the licence amendment with the current status of water resources exploration, exploitation/abstraction, utilization, wastewater discharge and water environment protection of the region;

Possible impacts of the licence amendment on water sources, the water environment and on the rights to abstract, utilize water resources and discharge wastewater of other organizations/individuals;

4.4. Application appraisal arrangements

a. The Application Receiving Agency shall organize the appraisal/evaluation of applications for licence extension, renewal or amendment and shall be responsible for the appraisal results;

b. When necessary, the Application Receiving Agency shall set up an Appraisal Board, seek comments from relevant agencies or organizations; the agencies or organizations, when referred to, shall have to answer relevant questions to the Application Receiving Agency in writing within seven (07) days upon receipt of consultation letters.

c. If the Application Receiving Agency requests a field visit to the project site, the applicant shall provide appropriate and adequate information in connection to the issues raised by the Application Receiving Agency;

d. The provincial Department of Natural Resources and Environment shall inform its opinion (if any) to the application for licence within ten (10) working days since the date of receipt of the copied application dossier for applications subject to appraisal by the Department of Water Resources Management.

4.5. The Application Receiving Agency, in accordance with provisions in Articles 4, 5, 7 and 8 of the Decree 149/2004/ND-CP and upon receipt of any appraisal results, shall prepare appraisal reports to submit to the Licensing Agency.

a. If the application is eligible for approval, the Application Receiving Agency shall prepare a draft licence to submit to the Licensing Agency for consideration and approval. The application form is provided in Item VII of the List of Annexes.

b. If the application is to be refused, the Application Receiving Agency shall return the application with a written notice to the applicant for licence extension, renewal or amendment.

4.6. Based on the appraisal report and request by the Application Receiving Agency, the Licensing Agency shall consider granting licence/s.

III. MANAGEMENT OF APPLICATIONS AND LICENCES

1. The Application receiving Agency shall be responsible for keeping applications and licences for water resources exploration, exploitation/abstraction and utilization and wastewater discharge. Applications and licences to be archived include:

a. Applications for licensing, renewing, extending and amending licences as provided for in Clause 1 of Article 19, Clause 1 of Article 20, Clause 1 of Article 21, Clause 1 of Article 22 and Clause 1 of Article 23 of the Decree 149/2004/ND-CP;

b. Appraisal reports on applications for licensing, renewing, extension and amendment of licences;

c. Original licences for exploration, exploitation/abstraction, utilization of water resources and discharge of wastewater into water sources;

2. Project and reports on groundwater exploration, water resources abstraction and utilization and wastewater discharge must be signed and stamped by the Appraising Agency;

IV. IMPLEMENTATION ARRANGEMENTS

1. Implementation responsibilities

Provincial People's Committees shall direct the implementation of this Circular in the provinces;

The Provincial Departments of Natural Resources and Environment shall assist the Provincial People's Committees in managing, gathering information of and reporting on the status of licensing and implementing of licences for water resources exploration, exploitation/abstraction, utilisation, wastewater discharge into water sources within the administrative geographical bounderies of respective provinces/municipalities and submitting annual reports to the Department of Water Resources Management.

The Department of Water Resources Management shall assist the Ministry of Natural Resources and Environment in managing, gathering information and reporting on the status of licensing and implementing of licences for water resources exploration, exploitation/abstraction, utilisation, wastewater discharge into water sources on the national scale.

The Director General of the Department of Water Resources Management, General Directors of provincial Departments of Natural Resources and Environment shall direct, supervise and speed up the implementation of this Circular. If the implementation if facing any difficulty concerning the regulations therein he/she can report to the Ministry of Natural Resources and Environment for consideration and resolutions where applicable and appropriate.

2. Effectiveness of the Circular

Previous regulations on licensing of groundwater exploration and exploitation that was attached to the Decision 05/2003/QD-BTNMT dated September 24, 2003 of the Minister of Natural Resources and Environment will become null and void if they are inconsistent with the provisions of this circular.

A valid licence on groundwater exploration and abstruction utilization, surface water exploitation, utilization, wastewater discharge into water sources provided by legal authorities remains valid until its expiry date.

2.3. This circular shall take effect 15 days after being published on the Official Gazette.

 

ON BEHALF OF MINISTER OF NATURAL RESOURCES AND ENVIRONMENT
VICE MINISTER




Nguyen Cong Thanh

 

 

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    Circular No. 02/2005/TT-BTNMT of June 24, 2005, guiding the implementation of the Government Decree 149/2004/ND-CP regulating the licensing of water resources exploration, exploitation, utilization and waste water discharge into water sources
    Loại văn bảnThông tư
    Số hiệu02/2005/TT-BTNMT
    Cơ quan ban hànhBộ Tài nguyên và Môi trường
    Người kýNguyễn Công Thành
    Ngày ban hành24/06/2005
    Ngày hiệu lực26/07/2005
    Ngày công báo...
    Số công báo
    Lĩnh vựcTài nguyên - Môi trường
    Tình trạng hiệu lựcHết hiệu lực 15/07/2014
    Cập nhật4 năm trước

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          Văn bản gốc Circular No. 02/2005/TT-BTNMT of June 24, 2005, guiding the implementation of the Government Decree 149/2004/ND-CP regulating the licensing of water resources exploration, exploitation, utilization and waste water discharge into water sources

          Lịch sử hiệu lực Circular No. 02/2005/TT-BTNMT of June 24, 2005, guiding the implementation of the Government Decree 149/2004/ND-CP regulating the licensing of water resources exploration, exploitation, utilization and waste water discharge into water sources