On 01 July 2024, the Law on Water Resources No. 28/2023/QH15 dated November 27, 2023 (“Water Resources Law 2023”) officially took legal effect with several notable new provisions as follow:
1
Supplementing cases that require a water exploitation permit (Article 52)
The Water Resources Law 2023 stipulates in Clauses 1 and 2 of Article 52 cases where a water exploitation permit is required corresponding to the type of water source being exploited, including organizations and individuals exploiting water resources for household use, agricultural production, aquaculture, industrial production, hydropower, irrigation, sports, tourism, business, services, resource creation, salt prevention, flood control, landscape creation, and other purposes, except for specific cases listed in Clauses 3, 4, and 5 of this Article, including:
- Organizations and individuals are not required to declare, obtain water exploitation permits, and register for water exploitation and use;
- Households exploiting groundwater for their own domestic use must declare for management purposes; and
- Organizations and individuals must register for water exploitation and use.
2
Amending the duration of water resource exploitation permits (Article 54)
- The surface water exploitation permit has a maximum duration of 10 years, a minimum of 5 years, and can be renewed multiple times, with each renewal period being 5 years (previously, the maximum duration was 15 years, minimum 5 years, with each renewal period being a minimum of 3 years and maximum of 10 years);
- The sea water exploitation permit has a maximum duration of 15 years, a minimum of 10 years, and can be renewed multiple times, with each renewal period being 10 years (previously, the maximum duration was 15 years, minimum 5 years, with each renewal period being a minimum of 3 years and maximum of 10 years); and
- The underground water exploitation permit has a maximum duration of 5 years, a minimum of 3 years, and can be renewed multiple times, with each renewal period being 3 years (previously, the maximum duration was 10 years, minimum 3 years, with each renewal period being a minimum of 2 years and maximum of 5 years).
3
Supplementing cases of non-payment, exemptions, or reductions in water exploitation rights fees (Article 69)
a. Organizations and individuals exploiting water resources are subject to non-payment of water resource exploitation fees in the following cases:
- Exploitation of seawater; and
- Exploitation and use of water resources for household purposes, agricultural production, aquaculture, industrial production, hydropower, irrigation, sports, tourism, business, services, resource creation, salt prevention, flood control, and landscape creation under specific conditions listed in Article 52.
b. Organizations and individuals exploiting surface water and groundwater in cases where: “Exploitation of surface water for electricity generation for commercial purposes”, and “Exploitation of surface water and groundwater for production, business, services, aquaculture, agricultural supply, and household use” are exempted from paying water exploitation fees in the following cases:
- Exploitation of water for household use in border areas, islands, economically and socially difficult conditions, and areas with particularly difficult economic and social conditions;
- Projects with water exploitation components guaranteed by the Government of Vietnam under the Government guarantee; and
- During the period when water exploitation infrastructure is damaged due to force majeure events preventing continued exploitation or requiring temporary cessation of exploitation.
c. Organizations and individuals exploiting surface water and groundwater in cases where: ” Exploitation of surface water for electricity generation for commercial purposes”, and “Exploitation of surface water and groundwater for production, business, services, aquaculture, agricultural supply, and household use” receive reduced water exploitation fees in the following cases:
- Water exploitation projects must reduce or cut the amount of water extracted upon request by competent state authorities;
- Exploitation and use of recycled water, reused water;
- Reservoirs in operation must adjust, supplement flood storage capacity to meet downstream flood control requirements as compared to the approved reservoir tasks; and
- Water exploitation for agricultural production during periods of drought, water shortage, saltwater intrusion.
In addition to the above, the Water Resources Law 2023 amends and supplements several regulations concerning (i) supplementing the scope of regulation regarding water resources restoration and development, (ii) adding mechanisms for encouragement, incentives, and support for organizations and individuals participating in the protection and development of water sources, water-generating sources, establishing and applying standards, researching, transferring, and applying advanced science and technology to manage, protect, restore, and develop water resources (such as incentives, support, or exemption, reduction of fees for water resource exploitation rights), etc.
