Water is a particularly important resource, but not an endless resource that we use indiscriminately without control that will lead to unpredictable consequences. In order to strengthen the Management of the State, improve the responsibility for protecting and exploiting water use of individuals wishing to exploit groundwater sources when they come into operation, enterprises, establishments and individuals need to apply for groundwater extraction licenses as prescribed by the Government,  if during the operation there is a change related to the problem of groundwater extraction, it is necessary to make adjustments or re-register new. At the same time, during the period of use, it is necessary to carry out extensions in accordance with the provisions of Decree No. 149/2004/ND-CP. If you do not apply for a license to use groundwater extraction, you will be at risk of having your business license confiscated or severely administratively sanctioned under Decree No. 142/2013/ND-CP applied from December 15, 2013.

And if a unit, collective or individual has applied for a permit to exploit groundwater and before 3 months when the license expires, it is necessary to apply for an extension of the underground water extraction license in accordance with the current regulations.

1. Applicants for groundwater extraction permits.

·         All domestic and foreign enterprises operating in the territory of Vietnam, production and service establishments wishing to exploit the use of groundwater sources.

·         Establishments and enterprises that use groundwater or groundwater extraction works without registration of groundwater extraction licenses.

·         Every 6 months, establishments and enterprises that are using and having works using groundwater must report on the situation of groundwater use.

2. Legal grounds

·         Water Resources Law 2012

·         Decree No. 149/2004/ND-CP dated July 27, 2004 of the Government provides for the licensing of exploration, exploitation, use of water resources, discharge of wastewater into water sources.

·         Circular No. 02/2005/TT-BTNMT dated June 24, 2005 of the Ministry of Natural Resources and Environment guiding the implementation of the Government's Decree No. 149/2004/ND-CP dated July 27, 2004 regulating the licensing of exploration, exploitation, use of water resources, discharge of wastewater into water sources.

·         Decree No. 142/2013/ND-CP dated October 24, 2013 of the Government provides for the sanctioning of administrative violations in the field of water and mineral resources.

3. The process of applying for groundwater extraction permits

·         Determine the location and capacity of the area to be exploited.

·         Surveying, collecting data, topography, topography, geographical conditions, hydrographic climate

·         Determination of socio-economic and environmental conditions in the mining area

·         Determine parameters of geological and hydrological characteristics that affect groundwater extraction.

·         Collect water samples for analysis at the laboratory.

·         Determine the well structure and water reserves.

·         Map the area and location of the building in the ratio of 1/50,000 to 1/25,000 according to the coordinates of VN 2000.

·         Calculate the forecast of lower water levels.

·         Calculate operating costs and economic efficiency.

·         Set up wells for water extraction.

·         Complete the application for a permit for groundwater extraction.

·         Submit the dossier to the environmental management agency depending on the groundwater extraction capacity of the production and business establishment.

4. Dossier composition

·         Application for a license (Form No. 05/NDD);

·         Underground water extraction scheme (Form No. 06/NDD);

·         Map of the area and location of underground water extraction works from 1/50,000 to 1/25,000 according to vn coordinate system 2000;

·         Report on survey results for assessment of groundwater reserves for works with a flow of 200/m3 at night (Form No. 07/NDD); report on the results of construction of mining wells for works with a flow of less than 200m3/day (Form No. 09/NDD); report on the current status of exploitation for active underground water extraction works (Form No. 10/NDD);

·         Results of analysis of water quality for use purposes as prescribed by the State at the time of applying for permits;

·         Notarized copies of certificates, or valid papers on land use rights as prescribed by the Land Law at the place where the mining wells are located. In case the land at the place where the mining well is located is not under the land use rights of the organization or individual applying for permission, there must be a written agreement for land use between the mining organization or individual and the organization or individual that has the right to use the land, certified by the Competent People's Committee.

·         The form of application for an underground water extraction license issued in accordance with Section II of circular No. 02/2005/TT-BTNMT dated June 24, 2005 of Natural Resources and Environment.

·         Number of profiles: 02 (sets)

5. The duration of the groundwater extraction permit.

The duration of the groundwater extraction permit shall not exceed fifteen (15) years and is considered for renewal but the extension period shall not exceed ten (10) years.

However, in the process of using groundwater that occurs in the following cases, it is necessary to make changes to the duration and adjust the contents of the license:

·         Water sources do not guarantee normal water supply;

·         The demand for water extraction and use increases without measures to treat and replenish water sources;

·         Special situations need to limit the exploitation and use of water;

·         Water extraction causes ground subsidence, deformation of works, saltwater intrusion, depletion, serious pollution of groundwater sources.

One point to focus on is to carry out procedures for extending the groundwater extraction license at the time of more than 3 months before the expiration date in the license.

In case the license is not used, it is necessary to carry out the procedure of returning the license accompanied by a written explanation of the reason to the licensing authority. Organizations and individuals that have returned the license may only consider issuing new licenses after two (2) years, from the date of return of the license.

Enterprises and organizations granted groundwater extraction licenses need to comply with the charters set out or they will be sanctioned under Decree 142/2013/ND-CP.