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THE
MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom Happiness
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No.
357/NN/QLN/QD
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Hanoi,
March 13, 1997
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DECISION
ISSUING THE PROVISIONAL REGULATION ON THE GRANTING OF
PERMITS FOR UNDERGROUND WATER PROSPECTION, EXPLOITATION, DRILLING AND THE
REGISTRATION OF UNDERGROUND WATER EXPLOITATION WORKS
THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT
Pursuant to Decree No.73-CP of
November 1st, 1995 of the Government defining the functions, tasks, powers and
organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to Decision No.354-TTg of May 28, 1996 of the Prime Minister defining
the functions, tasks, powers and organizational structure of the Department for
the Management of Water Resources and Irrigation Works under the Ministry of
Agriculture and Rural Development;
Pursuant to Directive No.487-TTg of July 30, 1996 of the Prime Minister on
enhancing State management over water resources;
Pursuant to the guiding Document No.5073/KTN of October 18, 1996 of the Prime
Minister on assigning the task of State management over underground water
resources from the Ministry of Industry to the Ministry of Agriculture and
Rural Development;
Pursuant to the record on the transfer of the task of State management over
underground water resources signed between the Ministry of Industry and the
Ministry of Agriculture and Rural Development on October 30, 1996;
Pursuant to the guiding Document No.478/KTN of January 29, 1997 of the Prime
Minister on the issue of the provisional regulation on the granting of permits
for underground water prospection, exploitation and drilling;
At the proposal of the Head of the Department for the Management of Water
Resources and Irrigation Works,
DECIDES:
Article 1.-To
issue together with this Decision the provisional Regulation on the Granting of
Permits for Underground Water Prospection, Exploitation and Drilling and the
Registration of Underground Water Exploitation Works for uniform application in
the whole country.
Article 2.-The
Presidents of the People’s Committees of the provinces and cities directly
under the Central Government, the Head of the Department for the Management of
Water Resources and Irrigation Works; organizations and individuals engaged in
prospecting, exploiting and drilling for underground water shall have to
implement this Decision.
Article 3.-This
Decision takes effect from the date of its signing. The earlier regulations on
the procedure for the granting of underground water prospection and
exploitation permits which are contrary to this Regulation are now annulled.
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THE
MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT
Nguyen Cong Tan
PROVISIONAL REGULATION
ON THE GRANTING OF PERMITS FOR UNDERGROUND WATER
PROSPECTION, EXPLOITATION, DRILLING AND THE REGISTRATION OF UNDERGROUND WATER
EXPLOITATION WORKS
(issued together with Decision No.357 of March 13, 1997 of the Minister of
Agriculture and Rural Development
Article 1.-
General provisions:
In this Regulation the following
terms shall be construed as follows:
- Underground water (water under
land surface) is the natural water existing and flowing under the ground and
occasionally on the ground.
- Mineral water is the natural
undergound water which in some areas may come to the open and contains a number
of active biological compounds of high concentration according to Vietnamese
standards or foreign standards applicable under the permission of the State of
Vietnam.
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- Exploitation area is the area
where underground water exploitation works are located, including the territory
where the level of underground water is lowered due to the pumping of water
from the exploitation works.
- Underground water exploitation
works are wells, dug or drilled, caves or water exploitation corridors,
open-air spots built or used for the exploitation of underground water.
- Underground water exploiting
unit is an organization or individual possessing a legal water exploitation
permit.
- Construction unit is a State
or private enterprise or individual allowed by the State to build underground
water exploitation works.
- This Regulation shall apply
only to underground water that is tasteless or brackish (not to mineral water
and natural hot water).
Article 2.-
Exploitation of underground water without need of permission.
- The manual exploitation of a
small volume of water for daily use by families from a dug or drilled well
having a depth of less than 30 m and a diameter of less than 90 mm.
- In cases where a well size
exceeds the limits defined below, it must be registered at the ward/commune
People’s Committee:
+ Dug wells with a diameter of
more than 2 m or a depth of the well water column exceeding 5 m in the dry
season;
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Article 3.-
The exploitation of underground water for any purpose and in any case, except
as stipulated in Article 2, must get permission.
Article 4.-
The permission for the exploitation of underground water must comply with the
following principles:
4.1- Priority in the use of
underground water of good quality shall be given to the needs of daily life,
including eating and drinking. For other purposes it can be used only there is
a surplus.
4.2- The volume of underground
water allowed to be exploited in an area must not exceed the exploitable water
reserve of that area and at the same time must conform to the annual
exploitation plan and the exploitation plan of the area.
4.3- In areas where the
exploited volume of underground water has reached the exploitable reserve, the
exploitation must be managed more strictly and the expansion of exploitation is
forbidden. Exploitation of underground water is strictly prohibited in areas
where the exploited volume has exceeded the prescribed level while
supplementary source is not yet available
4.4- The Ministry of Agriculture
and Rural Development shall assume the main responsibility and coordinate with
the Ministry of Industry and the People’s Committees of the provinces and
cities directly under the Central Government in marking off areas for
underground water exploitation and areas banned from underground water
exploitation pending the availability of supplementary sources and submit the
plan to the Government for ratification.
4.5- The granting of the
underground water prospection and exploitation permits must be based on the
results of the evaluation of the prospection projects and on water reserves
reports of specialized units or specialized councils (to be stipulated for in
details by the Ministry of Agriculture and Rural Development).
Article 5.-
Competence to grant permits:
5.1- The Ministry of Agriculture
and Rural Development shall grant permits and organize the management and
supervision of permits granting in localities for the prospection, exploitation
and drilling of underground water in the whole country.
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5.3- The Presidents of the
People’s Committees of the provinces and cities directly under the Central
Government (referred to as provincial People’s Committees) shall adjust, grant
and withdraw permits with regard to single small-size underground water
prospection and exploitation projects with a flow of less than 1000 m3/day.
(The Ministry of Agriculture and
Rural Development and the provincial People’s Committees shall detail the
management responsibilities of the Department for the Management of Water
Resources and Irrigation Works, the provincial/municipal Agriculture and Rural
Development Services and other specialized agencies).
5.4- In key areas, the granting
of underground water prospection and exploitation permits must be controlled
more closely. The Ministry of Agriculture and Rural Development shall consult
the provincial and municipal People’s Committees in the above-said areas so as
to specifically determine the specific degree of water flow for the assignment
of responsibilities in granting permits.
Article 6.-
All underground water exploitation works must be registered at the agency
competent to grant permits (Points 5.2 and 5.3 of Article 5).
Article 7.-
For the exploitation of underground water from drilled pits, dug wells or their
substitutes or from exploitation works which have been damaged or have had
their exploitation capacity reduced to a pumping capacity and level lower than
the prescribed limits, or which are located in the well area already defined in
the permits, there shall be no need to obtain the permission but a dossier must
be submitted to the permit-granting agency.
Article 8.-
New or expanded water exploitation works must be reported to the
permit-granting agency. The exploiting unit shall have to submit its plan of
application for water exploitation before making the feasibility project.
Article 9.-
A dossier of application for underground water prospection and exploitation
permit includes:
a/ Application for underground
water prospection (if prospection documents are not available in the area):
+ The application for
prospection;
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+ The official dispatch of the local
People’s Committee allowing the use of land for prospection or a copy of the
certificate of the right to use land at the place of prospection;
+ Other related legal documents.
b/ Application for underground
water exploitation:
+ The application for underground
water exploitation;
+ The underground water
exploitation project;
+ A map of the area and the
location of the wells to be exploited.
Enclosed documents include:
+ The results of evaluation of
underground water quality made by the provincial/municipal medical service or
the competent medical agency or the laboratories authorized by the competent
agencies to make such evaluation;
+ A report on the estimated
underground water reserve;
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+ Other related legal documents
to serve as basis for the granting of permit: The letter of acceptance from
other water users if they are affected by the water exploitation (with certification
by the local People�s
Committee).
Article 10.-
With regard to an underground water exploitation program in service of daily
life in rural areas, the program performing agency shall have to fill the
procedures for underground water exploitation in accordance with the projects,
plans and guidance of the Ministry of Agriculture and Rural Development and the
Ministry of Health, which are annually ratified by the provincial People�s
Committees and competent levels.
A dossier of application for
water exploitation to be sent to the provincial People’s Committee or the
agency authorized by the provincial People�s
Committee shall include:
- The application for
underground water exploitation;
- The underground water
exploitation project;
- A map of the exploitation
works and locations of underground water exploitation works;
- The list of the works and the
names of units allowed to instal their underground water exploitation works.
Article
11.- Submission and ratification procedures :
11-1: Order of application for
permission and permit granting:
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- After receiving the
application describing the plan for underground water prospection and
exploitation, the Department for Management of Water Resources and Irrigation
Works or the provincial/municipal Agriculture and Rural Development Service
shall have to consider and make an inspection of the site and prepare documents
to be submitted to the Minister of Agriculture and Rural Development or the
President of the provincial People’s Committee for decision.
11-2: After finishing the
prospection and trial exploitation and obtaining all practical
hydro-geographical documents, the exploiting unit shall have to fully submit
those documents and other necessary documents (according to Article 9b) to the
dossier receiving agency for evaluation, ratification and submission to the
competent higher-level agency which shall issue a decision to allow the water
exploitation and the construction of the water exploitation works.
11-3: With regard to the
application for exploitation of existing underground water works (drilled wells
improved on the basis of pits drilled for underground water prospection with
sufficient documents on geology, hydro-geology and hydro-geological
stratigraphy, the experimental pumpings and the results of the analyses of the
chemical composition and microbes of the water...) the dossier receiving agency
shall prepare documents to be submitted to the higher-level agency for decision
to permit the exploitation.
11-4: When submitting the water
exploitation feasiblity project, the underground water exploiting unit must
obtain a written agreement from the water resource managing agency before
proceeding with the construction.
11-5: Upon completion of the
construction of the water exploitation work and trial pumping, the exploiting
unit shall send the document ratifying the feasibility project, the documents
on the exploitation wells, the document on trial pumping and the water quality
to the water resource managing agency. The water managing agency shall consider
the documents before granting the official permit for water exploitation.
Article 12.-
In cases where the application for underground water exploitation permit causes
a dispute or a litigation, the permit granting agency shall have to inform in
writing the applying unit thereof. After the dispute or litigation is settled,
the unit applying for water exploitation shall have to apply for a new permit.
Article
13.- The units applying for water exploitation which have been examined,
ratified and granted water exploitation permits shall be recorded in a register
of units allowed to exploit water for periodical public announcement.
Article 14.-
In cases where the dossier of application for water exploitation is
insufficient or not valid procedurally, the water resource managing agency
shall request the applicant to complete the dossier.
Article 15.-
Within one month after receiving the full dossier of application for
underground water exploitation, the dossier receiving agency shall have to
consider, evaluate the dossier and prepare documents to be submitted to the
competent level for decision.
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If the application is rejected,
the application receiving agency shall have to reply in writing to the
applicant and clearly state the reason(s).
Article 16.-
All underground water exploiting units which must obtain permits but have not
yet obtained them shall have to fill the procedure for the registration of
their underground water works at the water managing agency so as to apply for
the water exploitation permits (at the provincial/municipal People’s Committee
for an exploitation volume of less than 1000 m3/day; at the Ministry of
Agriculture and Rural Development for an exploitation volume of 1000 m3 or more
per day). Within three months after this regulation takes effect, if
registration is not completed, the units shall be sanctioned or have their
water exploitation suspended.
Article 17.-
In one of the following circumstances, the Ministry of Agriculture and Rural
Development or the provincial People�s Committee may decide to reduce or limit the exploitation
volume of the unit which has been granted a water exploitation permit:
17.1- For a natural cause, the
water sources cannot meet the demand of water supply for the area.
17.2- The excessive exploitation
of underground water that causes landslide or contamination of the underground
water source.
17.3- The total exploitation
volume of water for common use has increased but there is no other source or
measures for supplementary supply.
Article 18.-
Rights and obligations of units permitted to exploit underground water:
1. A unit which is granted an
underground water exploitation permit shall have the right to exploit water in
accordance with the permit and be obliged to fully comply with the provisions
of the permit, provisions on underground water protection, technical
regulations and relevant provisions of law.
2. The underground water
exploiting unit shall have to install measurement equipment as prescribed,
record and report the exploitation volume as well as the lowered level of water
in each period.
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4. When discovering a major
change in the volume and quality of the underground water and the environment,
the exploiting unit shall have to promptly report to the water managing agency.
Article 19.-
Rights and obligations of units permitted to prospect for underground water:
- To conduct the prospection in
accordance with the ratified project;
- To comply with the provisions
in the prospection permit, provisions on underground water protection,
technical regulations and relevant provisions of law;
- When the water managing agency
inspects the exploration situation, the exploring unit shall have to cooperate
with, support and honestly provide it with information on the exploration
situation;
- To submit reports on
exploration;
- Upon fulfillment of the
exploration task, it must submit one set of reports to the State Geological
Archives and another to the Ministry of Agriculture and Rural Development;
- In cases where the unit wishes
to change the exploration plan compared to the ratified project, it must obtain
permission from the Ministry of Agriculture and Rural Development or the
provincial People�s
Committee.
Article 20.-
In one of the following events, the water exploiting unit shall have to
overcome the situation within a certain time limit as decided by the agency
granting water exploitation permit:
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- Failing to install measurement
equipment within the prescribed time limit;
- Failing to fully provide
related data or providing false data;
- Failing to execute the
decision on the reduction or limitation of water exploitation volume issued by
the water managing agency.
- Failing to observe provisions
on environmental protection.
- When the underground water
source has dried up, exploitation must be adjusted at the request of the water
managing agency.
Article
21.- A unit which exploits water without permit shall have to suspend the
exploitation according to a decision issued by the water managing agency.
Article 22.-
Procedure for registration of underground water exploitation works
A registration dossier shall
include:
- The registration paper of the
water exploitation work;
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- The result of water quality
evaluation conducted by the provincial/municipal Health Service or an
equivalent competent agency;
- The report on the evaluation
of underground water reserve and exploitation situation;
- The document evaluating the
underground water reserve (if any);
- The copy of the land use right
certificate and the location of the underground water exploitation work. In
cases where the land area of the exploitation work does not belong to the land
use right of the exploiting unit, there must be a written agreement between the
water exploiting unit and the unit having the land use right certified by the
local People�s
Committee.
Within 30 days after receiving
the full registration dossier, the dossier receiving agency shall have to
consider, inspect the site and prepare documents to be submitted to the
Minister of Agriculture and Rural Development or the President of the
provincial/municipal People’s Committee for decision.
Article 23.-
Provisions on the professional practice of underground water drilling:
- Organizations and/or
individuals having no permits for underground water drilling granted by the
State agency for the management of water resources shall not be entitled to
drill pits for the exploitation and exploration of underground water (including
hand drilled pits).
- Organizations and/or
individuals that have been granted permits for the drilling, prospection and
exploitation of underground water shall have to meet the following criteria:
The person in charge of
technical matters must have a university degree in geology or drilling and at
least one year of work in well drilling; or must graduate from an intermediate
school in geology or drilling and have at least 3 year of work in well drilling.
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- The Ministry of Agriculture
and Rural Development shall grant permits for underground water drilling,
prospection and exploitation to the central and local enterprises that operate
on the territories of at least two provinces.
- The People�s Committees of the provinces
and cities directly under the Central Government shall grant permits for
underground water drilling, exploration and exploitation to provincial
enterprises, units and individuals operating on the provincial territory.
Article
25.- Rights and obligations of households and enterprises that have been
granted permits for well drilling :
- To observe the technical
regulations on drilling, the provisions and regulations in the permit on the
protection of the water holding layer.
- To periodically report to the
permit granting agency on the drilling for prospection and exploitation by
their units.
Article
26.- The units which have been granted permits for underground water
drilling by other agencies shall have to produce them to the water managing
agency so as to be granted new permits. The units which have not obtained
permits for underground water drilling shall have to fill permit granting
procedures at the competent agencies stipulated in Article 23.
Within 3 months from the date of
promulgation of this Regulation, all organizations and individuals drilling
wells for underground water exploration and exploitation without permits
granted by the water managing agency shall no longer be allowed to conduct
water drilling, exploration and exploitation.
Article 27.-
The People’s Committees of the provinces and cities directly under the Central
Government shall base themselves on the above-said provisions to elaborate
principles for the detailed implementation in the localities which must not be
contrary to the contents and principles of this Regulation.
Article 28.-
This Regulation takes effect from the date of its signing. The earlier
provisions which are contrary to this Regulation are now annulled.
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