Decree No. 02/2023/ND-CP dated February 1st, 2023 of the Government on elaborating certain Articles of the Law on Water Resources

This Decree regulates in details of the Law on Water Resources on community survey on exploitation and use of water resources of representatives of the residential community and publicizing it; carrying out basic survey of water resources; reforesting the lost forest area and contributing funds for forest protection and development; transferring the right to exploit water resources; registering and issuing permits for exploitation and use of water resources; exploring and exploiting underground water; organizing river basin development and coordination and supervision of exploitation, use and protection of water resources, prevention, combat against and overcoming of harmful effects caused by water in river basins.

According to Article 2 of the Decree, projects on construction of works for exploitation and use of water resources on which community survey is mandatory include: Reservoirs and dams, built on rivers and streams, subject to the request for permission; Works for exploitation and use of surface water other than works stated in point a of this clause with a flow rate of from at least 10 m3 per second; Works for transferring water between water sources; Works for exploitation and use of groundwater with a flow rate of at least 12.000 m3/day and night.

Cases of water resources exploitation and use for which registration and licensing are not required and works for water resources exploitation and use for which registration and licensing are required are regulated at Article 16, Article 17 of this Decree. Accordingly, works for water resources exploitation and use with a small scale for production and trading for which registration and licensing are not required include:

a) Groundwater exploitation for production and trading with a scale not exceeding 10 m3/day and night;

b) Surface water exploitation for non-agricultural trading and production with a scale not exceeding 100 m3/day and night;

c) Irrigation reservoirs and dams with total capacity of less than 0,01 million m3 or other works for surface water exploitation for agricultural production and aquaculture with a flow rate not exceeding 0,1 m3/second;

d) Surface water exploitation and use for power generation with an installed capacity not exceeding 50 kW;

dd) Sea water exploitation and use for onshore operation with a flow rate not exceeding 10.000 m3/night; sea water exploitation and use for operations at sea.

This Decree takes effect from March 20th, 2023 and abrogated Decree No. 201/2013/ND-CP dated November 27th, 2013.