The Decree 201/2013/nd-Cp: Detailing The Implementation Of A Number Of Articles Of The Law On Water Resources

Original Language Title: Nghị định 201/2013/NĐ-CP: Quy định chi tiết thi hành một số điều của Luật Tài nguyên nước

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The DECREE detailing implementation of some articles of the law on water resources _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
The base of the water resources Law number 17/2012/QH13 on June 21, 2012;
According to the recommendation of the Minister of natural resources and the environment;
The Government issued a decree detailing implementation of some articles of the law on water resources, chapter I GENERAL PROVISIONS article 1. Scope of this decree regulating the opinions represented in the residential community of extraction, use of water resources, waste water discharge into water sources; basic investigation of water resources; licensed on water resources; money grant the exploitation of water resources and the transfer of the right of exploitation of water resources; River basin organizations and the coordination of surveillance operations, use, protection of water resources, prevention and remedial due to water damage caused on the river basin.
Article 2. Opinions represented communities, organizations and individuals involved in the exploitation and use of water resources, to discharge sewage into water source The opinions represented communities, organizations and individuals involved in the exploitation and use of water resources, to discharge sewage into water resources have a major influence on the production of , life of the local people as defined in article 6 of the law on water resources is done as follows: 1. The construction projects, water use, waste water into the water to retrieve the comments include: a) works, the dam has a total capacity from 500 million m3; the process of extraction, use of surface water with the traffic from 10 m3/sec;
b) water transfer works between the water source;
c) works, dams interrupt the natural flow of the River, the stream on a length from one (01) km;
d) discharge wastewater works on water supply capacity from 10,000 m3/day or more;
tapping works), use ground water flow from 12,000 m3/day or more;
e) the cases stipulated in this clause if there is national secret elements do not have to conduct the poll.
2. time to get comments: a) in process establishing investment projects for cases specified in point a, b, c and d Clause 1 of this article;
b) during exploration for underground water extraction works in VND Account 1.
3. Content of information provided to the organization took comments include: a) presentation and design projects of constructing (feasibility study report) attached to the competent agency sheet project appraisal;
b) construction planning works;
c) construction progress;
d) measures to protect water resources, ensure water for the objects used in the upper and lower structures in the process of construction, operation construction, operation not work time;
DD) the information specified in paragraph 1 of article 3 of this Decree;
e) data, other documents related to the exploitation and use of water resources, waste water discharge into water supplies.
4. The Agency held opinions: a) the people's committees at district level, where the water source flowing through, the Organization consulted with regard to the process of extraction, use of water resources in internal the discharge of wastewater into water sources, the civil province specified in point a, c and d Clause 1 of this article;
b) provincial people's Committee, where Intercity water source flowing through, the Organization consulted with regard to the process of extraction, use of water resources in the province, contact discharge into the waters of the province specified in point a, c and d Clause 1 of this article;
c) committees at district level, where the water source was transferred to the water, the Organization consulted with regard to transfer water from the water sources works the Cabinet;
d) provincial people's Committee, where water supplies were flowing through the province, the Organization consulted with regard to the transfer of water from the water sources works the venture;
DD) committees at district level, where the expected layout of underground water extraction works, the Organization consulted with regard to the process of extraction, use of underground water in VND Account 1.
5. The sequence of comments: a) project to send the document, the content specified in Paragraph 3 of this article to the people's committees at district level and the resources and the environment, for the Agency held opinions is the people's committees at district level or to the provincial people's Committee and the Department of natural resources and the environment for the case, the Agency held opinions is the provincial people's Committee;
b) where the Agency held opinions is the people's committees at district level, within a period of thirty (30) days from the date of receiving the recommended project owner's opinion, natural resources and environment of the district level have a responsibility to help the people's committees at district level organization of work sessions , the meeting with the agencies, organizations, individuals are related to commenting on the planned construction works or the direct dialogue with the project; General comments the Committee granted the district send the owners of the project;
c) where the Agency held opinions is the provincial people's Committee, within a period of forty (40) business days from the date of receiving the recommended project owner's opinion, the Department of natural resources and environment is responsible for helping the provincial people's Committee in the Organization of the meeting the meeting, or the direct dialogue with the agencies, organizations, individuals are related to commenting on the planned construction works; General comments the provincial people's Committee sent to the owner of the project;
d) in addition to the content of information provided for in Paragraph 3 of this article, the project owners have a responsibility to provide additional data, reports, information about the project if the agencies specified in clause 4 of this request and direct reports, demonstration, explanation at the meeting took the opinion to clarify the issues related to the project.
6. Project Owners are responsible for General, acquiring, explanation of the opinions and comments text synthesis, the award is part of the project when the competent evaluation, approval and must be enclosed the profile recommended licensing water resources.
7. The opinions or announcements prior to the establishment of projects for investment projects stipulated in paragraph 2, paragraph 3 article 6 of the law on water resources is done as follows: a) for projects that have turned the country from the water source:-Project Owners send text comments attached scale water transfer projects and the information, data, documents relating to the people's Committee, the township-level people's committees at district level where the water source was transferred to the water and the Department of natural resources and the environment;
-Within a period of forty (40) business days from the date of receiving the recommended project owner's opinion, the Department of natural resources and environment is responsible for instruction, support committees at district level, the people's Committee of the social organization of work sessions, meetings with agencies, relevant organizations for comments about the scale the proposed water transfer projects or direct dialogue with project owners; General comments and send to the server project.
b) for projects to transfer water from the water source to contact the investment projects, construction, dams on the mainstream River basin in the province:-Project Owners send text comments attached to the scale, the water transfer projects, construction projects and the information, data, documents relating to the people's committees of provinces where Intercity water resources being transferred to the water or Standing Committee of the province where the main stream, river basin organizations and the Department of natural resources and the environment;
-Within a period of seven (7) working days from the date of receiving the recommended project owner's opinion, the Department of natural resources and environment is responsible for sending the documents to the Department, the relevant departments in the province;
-Within a period of sixty (60) days from the date of receiving the recommendations of the project owners opinion: + River basin organizations have a responsibility to respond in writing to the owner of the project;
+ Department of natural resources and environment is responsible for the Organization of the meeting, meetings with the departments concerned in the Organization and the individual concerned, for comments on the intended construction work or direct dialogue with Project Server General comments and the provincial people's Committee to send home project.
c) for investment projects in construction, the dam on the branch line in the province: before implementing the investment project, the project owner must be notified of the proposed approach, the scale of construction works for river basin organizations, provincial people's Committee in the basin of the river.
d) On the basis of these comments, the owner of the project to complete construction projects sends the appropriate licensing authority of water resources reviewed, approved regarding the scale, construction projects before the establishment of the investment project.
8. Funds held opinions do project owners pay.
Article 3. Public information The public information about the content related to the exploitation and use of water resources, to discharge sewage into water sources specified in point b of paragraph 1 article 6 of the law on water resources is done as follows: 1. the project Owner specified in point a, b, c, d and DD Account Point 1 of article 2 of this decree must publicize the information after here: a) for works specified in point a, b and c paragraph 1 article 2 of this Decree:-mining purposes, the use of water;
-Mining, water resource use;
-Location of mining works, use of water;
-The method of extraction, use of water;
-The water tap, use;
-Time extraction, use;
-The basic characteristics of the Lake dam, in the case of construction, the dam.
b) for works specified in point d of paragraph 1 of article 2 of this Decree:-type of sewage water;
-Water sources receive waste water;
-Location of discharge;
-Traffic, waste water discharge method;
-The limit parameters and the concentration of pollutants in wastewater.
c) for underground water extraction works specified in point 1 of article 2 Paragraph Ridin this Decree:-mining purposes, the use of water;
-Location of mining works;
-Water layer, the depth of exploitation;
-Total extraction wells;
-The total amount of water extraction, use;
-Extraction mode;
-Time extraction, use.
2. The public information is done according to the following form:

a) information on the mass media of the people's Committee of the district and the electronic information page of the people's Committee of the provisions of paragraph 3 of article 2 of this Decree;
b) thirty (30) days before the commencement of and during construction, the project owner must publicly listing the information prescribed in Paragraph 1 of this article in the district people's Committee, the people's committees of communes and at the location where the construction works.
Article 4. The National Council on water resources 1. Establishment of the National Council on water resources to advise the Government, the Prime Minister in the key decisions on water resources in the tasks and powers of the Government, the Prime Minister.
2. The National Council on water resources due to a Deputy Prime Minister as the Chairman of the Council; The Minister of natural resources and the environment as Vice Chairman; the Commissioner's representatives of the ministries, agencies, related organizations, led by the President of the Council for approval. Ministry of natural resources and environment is the permanent body of the Council.
3. Assist the National Council on water resources has the Office of the National Council on water resources at the Ministry of natural resources and the environment. Organization and operation of the Office of the National Council on water resources due to the President of the Council regulation.
4. The Government's prime tasks, powers of the National Council on water resources.
Article 5. River basin organizations 1. River basin organizations is organized and operates under the rules of the organization collaboration.
River basin organizations are responsible for proposing recommendations with the competent State bodies the conditioner, water resources distribution, monitoring the activities of exploitation, use, protection of water resources, the prevention and remedial water hazard caused on one or several Intercity River basin.
2. The Prime Minister decided the establishment of institutions of the Red River-Pacific, Mekong River (Mekong), according to the recommendation of the Minister of natural resources and the environment.
3. The Minister of natural resources and the environment established river basin organizations for the United provinces with the case prescribed in clause 2 of this article, as proposed by the heads of State Management Agency specialized on water resources.
Chapter II BASIC WATER RESOURCES INVESTIGATION article 6. Responsible for performing investigations, evaluation of water resources shall make the content investigation, water resources assessment prescribed in clause 2 article 12 of the law on water resources are defined as follows: 1. Ministry of environmental resources and organizing the investigation, assessment of water resources for water resources international United water resources, the province; synthesis of the results of the investigation, assessment of water resources on the Intercity River basin and on the nationwide.
2. provincial people's Committee organizing the investigation, assessment of water resources for water supply of the water sources within the Union; synthesis of the results of the investigation, assessment of water resources on the provincial Cabinet River basin, and send the results to the Ministry of natural resources and the environment to aggregate.
Article 7. Inventory of water resources 1. The water resource inventory be done uniformly nationwide, periodic five (05) years, in line with the economic development plan of the country's society.
2. The responsibility of the water resources inventory: a) the Ministry of natural resources and the environment, in collaboration with ministries, ministerial agencies concerned to build the project, the planned inventory of water resources nationwide, the Prime Minister for approval; water resource inventory institutions with regard to the Union water resources water resources, National Union of the province; General, the inventory results announced on the Intercity River basin and on the nationwide;
b) provincial peoples Committee organized inventory of water resources for water sources in the province; the aggregate results of the inventory of the inner basin province, local water sources and send The resources and environments to synthesize;
c) The Ministerial agencies, within the scope of the mission, his powers have a responsibility to coordinate with the Ministry of natural resources and the environment, the provincial people's Committee in implementing the water resources inventory.
3. Ministry of environmental resources and guide the content, form, inventory, the inventory results report of the water resources.
Article 8. Investigation of status quo of extraction, use of water resources, to discharge sewage into water source 1. The responsibility to investigate the current state of exploit, use of water resources, to discharge sewage into water sources: a) the ministries: industry and trade, agriculture and rural development, construction, transport, culture, sport and tourism and ministries, ministerial agencies concerned within the scope of his authority, mission organizations make investigate reporting, water use situation of the industry, the field of Ministry resources and environments to synthesize;
b) Ministry of natural resources and environment of the Organization investigates the current state of exploit water resources, to discharge sewage into water sources for water resources, National Union; synthesis of the results of the investigation of the status quo of extraction, use of water resources, to discharge sewage into water sources on the Intercity River basin and on the nationwide;
c) provincial people's Committee in the scope of the mission, his powers have a responsibility to investigate the current state of exploit, use of water resources, to discharge sewage into water sources for water sources in the province, local water sources; synthesis of the results of the investigation of the status quo of extraction, use of water resources, to discharge sewage into water source on the inner basin of the province, and sent the Ministry of natural resources and the environment to aggregate.
2. Ministry of environmental resources and the regulation of content, form, survey, report content and order status investigation of extraction, use of water resources, waste water discharge into water supplies.
Article 9. Observation of water resources 1. The network of monitoring stations for water resources include: a) network of Central station include the observation of precipitation; the observation of flow, water level, water quality of the surface water resources of the National Union, the source of the water and the coastal water, important; water level monitoring stations, the water quality of the water layer or intercity has great potential;
b) network of local station includes the observation of precipitation; the observation of flow, water level, water quality of the surface water source, underground water in the area and must be connected to the network of the central station.
2. Ministry of natural resources and the environment, in collaboration with the provincial people's Committee held up plans for water resource monitoring stations on the nationwide, the Prime Minister's approval.
3. The base station network planning of water resources, Ministry of natural resources and environment to build, manage and make the water resources observation network for the observation of Central; The Department of natural resources and environment management of construction, organization and implementation of the water resources observation network for the observation of local water resources.
4. Ministry of environmental resources and the regulation of content, mode of water resources monitoring prescribed in this article.
Article 10. Build and maintain a warning system, flood forecasting, flood, drought, saltwater intrusion, sea-level rise and the harm caused by water 1. The warning system, flood forecasting, flood, drought, saltwater intrusion, sea-level rise and the harm caused by the water builds on each river basin and must be integrated into the system in the information system, a database of water resources.
2. Ministry of natural resources and environment is responsible for: a) build and maintain a warning system, flood forecasting, flood, drought, saltwater intrusion, sea-level rise and the harm caused by water on the nationwide;
b) made the warning, forecasting, supply and ensure the information, figures serves flood prevention, flood, drought, saltwater intrusion, sea-level rise and the harm caused by water under the provisions of the law on water resources, the law on prevention of flooding, storms, prevent and mitigate natural disasters.
3. Ministries, ministerial-level agencies, provincial people's Committee, the required base flood prevention, flood, drought, saltwater intrusion, sea-level rise and the harm caused by the water, the warning system, to serve the activities of ministries, departments, local.
Article 11. The information system, a database of water resources 1. The information system, a database of water resources include: a) in information systems, the database of national water resources;
b) information system, a database of local water resources.
2. Responsibility of ministries, ministerial-level agencies and the provincial people's Committee: a) The regulatory environment and resource data sets, data standards; construction organization, management information systems, databases and national water resources exploitation, information sharing, data on water resources;
b) Ministry of agriculture and rural development, the Ministry of industry and trade, the Ministry of construction and the Ministry, ministerial agencies concerned within the scope of the task, their powers are responsible for the Organization of construction, management, database mining on water use and integrated into information systems , the database of national water resources;
c) provincial people's Committee building organization, management and exploitation of the information system, a database of local water resources and integrated into the information system, the database of national water resources.
Article 12. The report uses of water resources 1. Every year, the Ministry of industry and trade:, agriculture and rural development, building and ministries, ministerial agencies concerned, provincial people's Committee in the scope of the tasks of the authority are responsible for reporting water use situation and send The resources and environment before the Jan. 30 years later to General , track.
2. Ministry of environmental resources and the regulation of content, in the form of reports using the water resources.
Chapter III protection, exploitation and USE of WATER RESOURCES article 13. Planting of forest clearing is lost and contribute funding for protection, forest development 1. The Ministry of agriculture and rural development is responsible for regulating the compensation of forest cultivation were lost.

2. The Ministry of finance, in cooperation with the Ministry of agriculture and rural development, Ministry of natural resources and environment of the Government regulation of the level of contribution funding for forest protection in the reservoir basin and range of participation in the activities of protection, watershed forest development.
Article 14. The exploration of underground water 1. Before the construction of the extraction of underground water, the project owner must make the exploration to assess the quality, capacity, ability to dig and must have a license for exploration, except in the case of mining, underground water is not used for.
2. organizations, personal construction of exploration of underground water to meet all the conditions of underground water drilling practice by the Ministry of natural resources and environment regulations and must be competent State agencies licensed to practice underground water drilling.
3. In the course of the probe, the Organization, the individual construction of underground water exploration is obliged: a) implement measures to ensure the safety of people and the work of exploration;
b) ensure prevention of subsidence, ground flounder, invading the salty, polluted the water layer;
c) Fillings, broken or unused wells after the end of the probe;
d) perform other measures to protect the underground water, protection of the environment.
4. The owner is obliged to exploration projects: a) in cooperation with the Organization, the individual construction of underground water exploration test, monitoring the implementation of the provisions in paragraph 3 of this article, if found in violation, they must stop the probe;
b) case of trouble they must overcome in time, if the damage is compensated according to the provisions of the law;
c) Filed reports results of exploration for the receiver, verify the records provided for in Article 29 of this Decree.
Article 15. Water permit 1. Water resources including license: permit the exploration of underground water; mining license, the use of surface water; mining license, use the water under the Earth; mining license, the use of sea water; wastewater discharge permit to the water source.
2. water resources licenses are the following: a) the name, address of the organization or individual be licensed;
b) name, location of the exploration works, water extraction, sewage discharged into water sources;
c) water source exploration, exploitation, waste water receiving water source;
d) scale, capacity, flow, principal parameters of the process of exploration, water extraction, sewage discharge; the purpose of use for mining permits, water use;
DD) mode, the method of extraction, water use, waste water discharge;
e) term of license;
g) requirements, the specific conditions for each case of exploration, exploitation and use of water resources, to discharge sewage into water supplies due to licensing bodies regulation aims to protect water resources, guarantee the legitimate rights and interests of organizations and individuals involved;
h) rights, obligations of licence holders.
Article 16. The case of extraction, use of water resources, to discharge sewage into water sources are not registered, not please allow 1. The case of extraction, use of water resources regulation in the points a, c, d and DD Account Point 1 Article 44 of the law on water resources that are not in the case prescribed in clause 2 Article 44 of the law on water resources.
2. cases of exploitation, use of water resources with small scale production, business, the services specified in point b of paragraph 1 to article 44 of the law on water resources include: a) the exploitation of underground water for production, business activity, with services not exceeding 10 m3/day not in the case prescribed in clause 2 Article 44 of the law on water resources;
b) surface water extraction for agriculture, aquaculture with the scale not exceeding 0.1 m3/second;
c) surface water extraction for the purposes of business, services and non-agricultural production does not exceed 100 m3/day;
d) extraction, use of surface water for power generation with a capacity not exceeding 50 kW;
DD) extraction, using the sea serves the manufacturing operations, business, service on the Mainland with the scale does not exceed 10,000 m3/day; exploitation, use sea water served activities on the sea, the island.
3. cases not permit to discharge waste water into water source prescribed in clause 5 Article 37 of the law on water resources include: a) the discharge of waste water by individuals, households;
b) discharge of the production facilities, business services, with no more than 5 m3/day and contains no harmful chemicals, radioactive substances;
c) to discharge sewage production facilities, business services, in the case specified in point b of this Clause into the collection system, waste water processing that that system had been State agencies have the authority to license to discharge waste water into water sources and have the agreement or contract handling , the sewer with the organization or individual operating management collection system, waste water treatment;
d) discharge scale aquaculture does not exceed 10,000 m3/day or aquaculture in the sea, rivers, streams, reservoirs.
Article 17. Underground water tapping registration 1. The Organization, individual underground water extraction in the cases specified in point a of Paragraph 2 of article 16 of this Decree and of cases specified in point a and Point d of paragraph 1 to article 44 of the law on water resources that are located in the area defined in point b, c, d and DD Account Point 4 Article 52 of the law on water resources, they must perform the registration of exploitation the water under the Earth.
2. provincial people's Committee held delineated, announced the registration of exploitation of underground water; Specifies the authority to organize the registration of underground water extraction in the area.
3. Ministry of environmental resources and guide the delineated region must register under the ground water exploitation, regulation, order, registration of exploitation of underground water.
Article 18. Licensing principles 1. True competence, true object and sequence, the procedure prescribed by law.
2. Ensure the interests of the State, the rights, legitimate interests of organizations and individuals concerned; protection of water resources and protect the environment in accordance with the law.
3. licensing priority exploration, exploitation and use of water resources to supply water for living.
4. Do not cause water pollution, depleted when performing the exploration, exploitation and use of water resources, waste water discharge into water supplies.
5. Fit the water resources master plan was approved.
Article 19. Licensed base 1. The licensing of water resources must be based on the following bases: a) strategy, to planning the social-economic development of countries, sectors, regions and localities;
b) water resources planning has been approved by the authority; the case has yet to water resources planning based on the likely source of the water and make sure no water resource pollution, depleted;
c) current state of exploitation, water use in the region;
d) reported the Agency's evaluation of the competent State for the record licensed for exploration, exploitation and use of water resources, waste water discharge into water sources;
DD) mining needs, water use, waste water discharge in the license application.
2. where waste water discharge into the licensing of water resources, in addition to the bases stipulated in paragraph 1 of this article are based on the following provisions: a) standards, national technical regulation on the quality of wastewater, water quality of receiving water treatment; the environmental requirements for waste water discharge activities were competent State agencies;
b) function of water sources;
c) capable of receiving wastewater of water sources;
d) sanitary protection Zone area to get running water, water resource protection corridor.
3. in case the license for exploration, exploitation, use underground water, in addition to the bases stipulated in paragraph 1 of this article are based on the provisions in clause 4 and Clause 5 Article 52 of the law on water resources.
Article 20. The licensing conditions of the Organization, individuals are licensed water resources must meet the following conditions: 1. Has made the announcement, opinions represented communities, organizations and individuals concerned according to the provisions of this Decree.
2. Has the project, reporting consistent with the master plan of water resources had been approved or consistent with the ability of the water source, capable of receiving sewage water supplies if not already have water resources planning. The scheme, the report by the Organization, the individual is eligible under the provisions of the Ministry of natural resources and the environment; information, the data used to create the project, the report should ensure full, clear, accurate and honest.
Schemes, waste water treatment measures embodied in the scheme, report the discharge into water supplies to ensure sewage is treated, standard technical regulation; design works or works in the exploitation of water resources must match the scale, objects extraction and meet the requirements of protection of water resources.
3. With regard to the case of discharge into water sources, in addition to conditions specified in clause 1 and clause 2 of this, have to meet the following conditions: a) Has equipment, manpower or the lease held individuals capable of performing the operation of wastewater treatment systems and waste water discharge activity monitoring for cases already works in flushing waste;
b) have deployed equipment and personnel to perform the operation of wastewater treatment systems and waste water discharge activity monitoring for cases not have sewage discharge works;
c) for waste water discharge cases specified in point d of paragraph 1 of article 2 of this Decree, also must have the option, the media, the device needed to respond, troubleshoot water source contamination and perform Active monitoring of waste water discharge according to the regulations.
4. With regard to cases of exploitation, use water with a scale from 3,000 m3/day or more, in addition to conditions specified in clause 1 and clause 2 of this, still must have the manpower, equipment or contract to hire a personal organizer, has sufficient capacity to conduct the observation active surveillance, tap water as specified; case works must have the manpower, equipment layout made the observation, monitoring of water extraction activities.

5. With regard to cases of exploitation, use of surface water has built the Lake, the dam on the River, the stream must meet the requirements specified in point b of Paragraph 2 Article 53 of the law on water resources, the conditions specified in paragraph 1 and Paragraph 2 of this Article and the following conditions: a) have equipment layout staff to operate the reservoirs, observation, surveillance operations, use of water; plan observation, hydrology, the organization predicts the amount of water to the Lake to serve as reservoir operating rules for case construction;
b) operating procedures the reservoir; have the equipment, manpower or lease individual organizations have sufficient capacity to operate the reservoirs, observation, surveillance operations, water use, observation, hydrology and water quality prediction to the Lake to serve as reservoir operating rule for cases already works.
Article 21. Term of licence 1. The term of the licence of the water resources are defined as follows: a) the mining license, the use of surface water, sea water has the maximum time limit is fifteen (15) years, a minimum of five (5) years and is considering renewed several times, each time to extend a minimum of three (3) years, a maximum of ten (10) years;
b) underground water exploration permit has the time limit is two (2) years and are considering the extension of one (1) time, not to exceed one (1) year;
c) extraction license, the use of underground water has the maximum time limit is ten (10) years, a minimum of three (3) years and is considering renewed several times, each time to extend a minimum of two (2) years, a maximum of five (5) years;
d) discharge wastewater license on source water has a maximum term of ten (10) years, a minimum of three (3) years and is considering renewed several times, each time to extend a minimum of two (2) years, a maximum of five (5) years.
The case of the Organization, the individual proposed to grant or renew the licence with the shorter term minimum time limit specified in this clause, then the permission is granted or renewed under the time limit proposed in the application.
2. The base of the water resource conditions, the level of detail of information, census, assessment of water resources and the records suggest that grant or renew the licence of the individual organizations, the Agency licensed a specific decision the duration of the license.
Article 22. Renewal of licences 1. The renewal of the licence for exploration, exploitation and use of water resources, to discharge sewage into water sources are based on the provisions of article 18, article 19 and article 20 of this Decree and the following conditions: a) the licence is still valid and records suggest that the license renewal was filed before the time expired license at least ninety (90) days;
b) to recommend the renewal, the Organization, the individual is granted a license to have fully completed the obligations related to the licence has been granted under the provisions of the law and there is no dispute;
c) at the time of license renewal proposal, the planned exploitation, use of water resources, to discharge sewage into water sources of the Organization, personal fit with water resources planning, capacity of water sources.
2. For cases other than specified in point a of Paragraph 1 of this article, the Organization, the individual exploration, exploitation and use of water resources, to discharge sewage into water sources must file new license proposal.
Article 23. License adjustment 1. The case of the exploration permit adjustment of water under the Earth: a) ground conditions do not allow the construction of a number of items in the project of exploration has been approved;
b) difference between structural geology and hydrogeological structures expected in the exploration project has been approved;
c) volume exploration category changes exceed 10% in comparison with the approved volume.
2. The case of adjustments of extraction license, the use of water resources: a) water resources does not guarantee the normal supply of water;
b) mining needs, use water that has not got the measure of handling, additional sources of water;
c) occurred emergency situations need to restrict the exploitation, use of water;
d) tap water causes the slump, stuck to the ground, deform, salt infiltration, exhausted, the serious pollution of water resources;
DD) actual water exploitation of the server license is under 70% compared with the amount of water is licensed during the twelve (12) consecutive months without announcing the reason for licensing agency;
e) Server license proposal adjusts the other license content to the provisions of paragraph 4 of this Article.
3. The case of adjustment of waste water discharge permits into water sources: a) water supplies are no longer capable of receiving wastewater;
b waste water discharge increased demand) that have yet to take measures to handle, overcome;
c) occurred emergency situations need to limit the discharge of waste water into water sources;
d) by converting water resource function;
Server license) suggestions to adjust the contents of other licenses with the provisions of paragraph 4 of this Article.
4. The content of the licence not be adjusted: a) the water source exploitation and use; source of water receiving sewage;
b) amount of water extraction, use exceeds the 25% prescribed in the license has been granted;
c) water discharge exceeds the 25% prescribed in the license has been granted;
d) parameters, the concentration of pollutants, the applicable standards specified in the licence to discharge waste water, except in the case of licensing agencies require adjustments or server license proposal apply higher standards.
Case should adjust the content of the provisions in this clause, the owner of the license must file new license proposal.
5. Where the proposed license to adjust the license then the license holder must file to adjust the license under the provisions of this Decree; the case agency licensed tuning license licensing agency must inform the license holder know in advance at least ninety (90) days.
Article 24. Suspension of validity of licences 1. Suspended license when the license holder has one of the following violations: a) violate the content specified in the permits to pollute, severe exhaustion of water resources;
b) grant the exploitation of water resources which are not competent agency approved license;
c) not carry financial obligations according to regulations;
d) advantage of permits to organize the rules of law.
2. Term of license suspension: a) not more than three (3) months for groundwater exploration permit;
b) not to exceed twelve (12) months for the mining license, the use of water resources, waste water discharge into water supplies.
3. During the time the license is suspended, no license holder of the rights related to the license and must have remedial measures, the compensation (if any) prescribed by the law.
4. Upon expiry of the suspension of the validity of the license that granted no other server license decision was to continue implementing its rights and obligations.
Article 25. Revocation of license 1. Revocation of a licence is made in the following cases: a server license) to detect forged documents, dishonest Declaration the suggested profile contents to license or fix falsify the content of the license;
b) held a licence holder is dissolved or declared bankruptcy court; individual license holder is killed, the Court declared dead, lost the capacity for civil acts or is declared missing;
c breach of licence Holder) decided to suspend the validity of the license, re-offending or violated several times the provisions of the license;
d) license granted vires;
DD) When the competent State authorities decided to revoke the license for reasons of Defense, security or national interests, public interests;
e) licence had been granted but the server license do not carry financial obligations and receive licenses.
2. where a licence is revoked the provisions in point a, point c of Paragraph 1 of this article, only license owners are considering a new license after three (3) years from the date the licence is revoked after fully implementing the obligations related to the recovery of the old license.
3. license revoked case specified in point d of Paragraph 1 of this article, the competent State agencies consider licensing new license.
4. in case the license is revoked in VND Account 1 Server license, then this is State compensation, refunds granted the right to exploit water resources in accordance with the law.
Article 26. Return the licenses, the termination of the validity of licences 1. Water resources licenses have been issued but not used, or license holder needs no further use shall have the right to return to the license and notice the reason.
2. termination of license is valid in the following cases: a) a licence is revoked;
b) license has expired;
c) license has been returned.
3. Upon termination of the license in force, the rights related to the licenses also terminate.
Article 27. Reissuance of license 1. Permission is granted in the following cases: a) the license was lost, being torn, damaged;
b) the name of the license holder has been issued is changed by the assignee, merging, splitting, restructuring the organisation alter server management, operation of the works of exploration, extraction, use of water resources, to discharge sewage into water supplies but do not change the content of the license.
2. The time limit stated in the license granted is the remaining duration according to the licence has been issued before.
Article 28. The authority to grant, renew, modify, suspend, withdraw and reissued the license of water resources 1. Ministry of natural resources and the environment, extend, modify, suspend, withdraw and reissuing the licenses for the following cases: a) extraction, use of water resources for the work of national importance under the authority of the Prime Minister's approval;
b) exploration, underground water extraction for construction traffic from 3,000 m3/day or more;
c) extraction, use of surface water for agricultural production, aquaculture with traffic from 2 m3/second;
d) extraction, use of surface water for power generation with a capacity from 2,000 kw;
DD) extraction, use of surface water for purposes other than traffic from 50,000 m3/day or more;
e) exploit, use sea water for production purposes, business, service with the traffic from 100,000 m3/day or more;

g) discharge with traffic from 30,000 m3/day or more with respect to aquaculture activities;
h) discharge with traffic from 3,000 m3/day or more for other activities.
2. provincial-level people's committees, extend, modify, suspend, withdraw and reissued the license for the cases not specified in clause 1 of this article.
Article 29. The Agency receives and records management, license management and agency records, the licence (hereinafter referred to as the agency receiving records) includes: 1. water resources management Department under the Ministry of natural resources and environment is responsible for receiving, assessing and records management license, under the authority of the Ministry of natural resources and the environment.
2. The Department of natural resources and environment is responsible for receiving, assessing and managing records, licences issued permits by the provincial people's Committee.
Article 30. The record level, extend, regulate water exploration license content under ground 1. Records suggest licensing groundwater exploration include: a Single licensing proposal);
b) groundwater exploration project for large-scale works from 200 m3/day or more; the design of wells to probe for small scale projects have more than 200 m3/day.
2. suggested renewal record, adjust the content of the underground water exploration license include: a) renewal application or adjust content license;
b) reported the implementation of the provisions in the licence;
c) copies the license has been granted.
3. Ministry of environmental resources and the regulation of the form, the content, the content of reports specified in this article.
Article 31. Records grant, renew, modify, exploit, license content using underground water 1. Records suggest licensing mining, underground water use include: a Single licensing proposal);
b) diagram of the area and the location of underground water extraction works;
c) reports results of exploration of underground water reserves assessment accompanied mining approach for large-scale works from 200 m3/day or more or report the result mining wells construction for smaller scale works 200 m3/day in the case of works exploited; reports the current state of exploit for underground water extraction works are active;
d) results in quality analysis of water resources do not exceed six (6) months as of the time of filing.
Case of underground water extraction works, records suggest a license must submit the investment preparation stage.
2. The records suggest renewed mining license, regulate, use underground water including: a) petition to renew or amend a licence;
b) status report on water use, mining and implementation of the license. The case concerned permit adjustment to the scale, the number of wells tapping, tapping water level must then specify methods of extraction of water;
c) results of water resources quality analysis of no more than six (6) months as of the time of filing;
d) a copy of the license has been granted.
3. Ministry of environmental resources and provisions, form the content of reports, the content of the project defined in this article.
Article 32. The record level, extend, adjust the content of the mining license, the use of surface water, sea water 1. Records suggest mining license, the use of surface water, sea water including: a Single licensing proposal);
b) mining project, use water for case extraction works; reports the current state of exploit, use the enclosed water operating procedures for cases already have mining works (if in case the required operating procedures);
c) results of water resources quality analysis of no more than three (3) months as of the time of filing;
d) diagram of location of water harvesting structures.
Case mining works of surface water, sea water, records suggest a license must submit the investment preparation stage.
2. The records suggest renewed mining license, regulate, use of surface water, sea water including: a) petition to renew or amend a licence;
b) status report on water use, mining and implementation of the license. The case of tuning scale, method, water extraction mode, operating process, the works must include water harvesting schemes;
c) results of water resources quality analysis of no more than three (3) months as of the time of filing;
d) a copy of the license has been granted.
3. Ministry of environmental resources and the regulation of content, form the content of the project reports specified in this article.
Article 33. Records grant, renew, discharge permits adjustment of waste water into water source 1. Records suggest that the waste water discharge permit on water resources include: a Single licensing proposal);
b the discharge of wastewater into the scheme) water sources attached processes operate the wastewater treatment systems for wastewater discharge yet; reports the current state of discharge attached processes operate wastewater treatment systems for wastewater discharge cases are on water resources;
c) results of water resources quality analysis of receiving in the discharge of wastewater into sources of water; results analysis of the quality of waste water before and after handling for cases that are waste water discharge. The time of sampling for water quality analysis of no more than three (3) months as of the time of filing;
d) diagram of location of waste water discharge area.
Case discharge sewage works on water resources, records suggest a license must submit the investment preparation stage.
2. suggested renewal records, discharge permits adjustment of waste water into water sources include: a) petition to renew or amend a licence;
b) results of waste water quality analysis and water quality reception at the location of the discharge into water supplies. The time of sampling for water quality analysis of no more than three (3) months as of the time of filing;
c) reports the current state of the discharge of waste water and the implementation of the provisions of the license. The case of tuning scale, method, mode, process waste water discharge operation must have the project of waste water discharge;
d) a copy of the license has been granted.
3. Ministry of environmental resources and the regulation of the form, the content, the content of reports specified in this article.
Article 34. The record level of water permit 1. Application level license.
2. Documents proving the reason for the proposal to grant the license again.
3. Ministry of natural resources and environment regulations application form prescribed in this article.
Article 35. Order and procedure of licensing for exploration, exploitation and use of water resources, to discharge sewage into water source 1. Receive and check the profile: a) individual organizations license proposal filed two (2) sets of records and submission evaluation fees prescribed record of legislation for the agency receiving records. In case the authority licensed by the Ministry of natural resources and the environment, organization, individual licensing proposal also must submit an additional (1) record for the Department of natural resources and the environment of the locality planning most recent works;
b) within ten (10) working days from the date of receipt, the receiving Agency is responsible for reviewing records, check the profile. Invalid profile case, the agency receiving the notification profile for the Organization, the individual proposed to supplement the license, complete the profile according to the regulations.
The case resumes after you have plugins that still do not meet the prescribed requirements, the receiver records returned and reported clear reasons for the Organization, the individual licensing proposal.
2. project appraisal, reporting of exploration, exploitation and use of water resources, to discharge sewage into water source in the file license proposal (hereinafter referred to as the scheme, report): a) within a period of thirty (30) days from the date of receipt of a valid application as specified in paragraph 1 of this article , the agency receiving records is responsible for the evaluation of proposals, reports; If necessary, the reality check, project appraisal Council, reported. License eligibility case, the receiver records the Agency has the authority to license; the case is not eligible to be licensed, then returned for the Organization, personal recommendations and reported reasons not permitted;
b) case of additions, edits to improve the scheme, the Agency reported receiving resumes sending written notice to the individual license proposal, stating the need for additional content, improve the scheme, the report. Additional time, improve or restore the scheme, the report does not count the time appraisal of proposals, reports. After the evaluation period of the project, the report is a complete supplement is twenty (20) working days;
c) cases must repeat the scheme, the report, the agency receiving records send written notice to the individual license proposal, stating what the content of the project, the report is not yet satisfactory, must do again and returned the license proposal.
3. pay the results solve licensing records within a period of five (5) working days from the date of receiving the certificate of the competent authority, the agency that receives the notification profile for the Organization, recommended personal license to perform financial duties and receive the license.
Article 36. Order renewal procedure, adjust, replace the license for exploration, exploitation and use of water resources, to discharge sewage into water source 1. Receive and check the profile: a) the Organization, individuals recommended to extend, adjust refresh licenses (hereinafter referred to as the Organization, individuals) filed two (2) sets of records and submission evaluation fees prescribed record of legislation for the agency receiving records. In case the authority licensed by the Ministry of natural resources and environment, organizations, individuals must submit an additional (1) record for the Department of natural resources and the environment of the locality planning most recent works;
b) within a period of five (5) working days from the date of receipt, the receiving Agency is responsible for reviewing records, check the profile. Invalid profile case, the agency receiving the notification profile for individual organizations to improve regulatory records.
The case resumes after complete supplement that still do not meet the prescribed requirements, the receiver records returned for the Organization, a clear message and personal reasons.
2. project appraisal, reporting for cases, adjust the license:

a) within a period of twenty-five (25) working days from the date of receipt of a valid application as specified in paragraph 1 of this article, the agency receiving records is responsible for the evaluation of proposals, reports, if needed reality check, project appraisal Council, reported. The case of eligible renewals, license adjustment, your competent authority. The case is not eligible to renew, modify, license, the agency receiving records returned for the Organization, personal and informed reasons not to extend, adjust the license;
b) case of additions, edits to improve the scheme, the report, the agency receiving the profile send message text for the Organization, the individual stating the need for additional content, improve the scheme, the report. Additional time, improve or restore the scheme, the report does not count the time appraisal of proposals, reports. After the evaluation period of the project, the report is a complete supplement is twenty (20) working days;
c) cases must repeat the scheme, the report, the agency receiving the profile send message text for the Organization, the individual stating the contents of the project, the report is not yet satisfactory, must do again and return the record.
3. The appraisal records for grant of license again: within ten (10) working days from the date of receipt of a valid application as specified in paragraph 1 of this article, the agency receiving records is responsible for evaluation of records, if eligible for re-issuance of licenses, then the competent licensing authority. The case does not qualify, the agency receiving records returned for the Organization, and personal reasons.
4. pay the results solve licensing records: within a period of five (5) working days from the date of receiving the certificate of the competent authority, the agency that receives the notification profile for individual organizations to make financial obligations and receive licenses.
Article 37. Order and procedure of license suspension on water resources 1. When the license holder has violated the provisions in clause 1 of article 24 of this Decree, the competent authority responsible for licensing to consider suspension of the validity of the license.
2. Based on the level of violation of server license, the extent of the impact of the suspension of the license to operate the production and life of the people in the region, the Agency decided to license suspension term of validity of the licence.
3. the licensing authority may consider shortening the time limit for the suspension of the validity of the license when the license holder has overcome the consequences related to the reason for the suspension of the licence and complete the obligations prescribed by law.
Article 38. Order and procedure for revoking the licences of water resources 1. When performing inspection, periodic inspection, or irregularly fulfilling the licence, if the detection of cases specified in point a, point b article 25 paragraph 1 of this Decree, the competent authorities check, the Inspector is responsible to report in writing to the licensing authority; If the detection of the cases stipulated in Points c, d paragraph 1 article 25 of this Decree, the competent agency shall check, inspectors processed according to the authority, at the same time a report in writing to the licensing authority.
Within thirty (30) working days from the receipt of the report, the licensing agency has a responsibility to consider revocation of the licence.
2. for cases of competent State authorities decided to revoke the licence stipulated in article 25 paragraph 1/e Points of this Decree, the licence holder must notify the first ninety (90) days.
3. With regard to the case of a licence is revoked under the provisions of Point e of article 25 paragraph 1 of this Decree shall within thirty (30) working days from the date of the receiver's report, appraisal license records, licensing bodies have a responsibility to consider revocation of the licence.
Article 39. Assignment of the right of exploitation of water resources 1. The condition of the Organization, the individual transferable rights to exploit water resources: a) to the time of the transfer, individual transfer organization has completed basic construction work, put the process of tapping into operation;
b) as of the time of transfer, the Organization, the individual proposed transfer has completed financial obligation specified in clause 2 of 43 Things Ridin Points of law of water resources and sufficient money to grant the right to exploit water resources as prescribed; There is no dispute about rights, obligations relating to water resource exploitation activities;
c) Organization, individual assignment of sufficient profile to the agency receiving records when mining license, the use of water resources is also in force for at least one hundred and twenty (120) days.
2. conditions of the Organization, the individual assignee the right of exploitation of water resources: a) individual organizations accept qualified transfer provisions in article 20 of this Decree;
b) sure do not alter the purpose of exploiting and using water.
3. The transfer of exploitation rights of water resources is shown by the contract between the parties the assignor and the assignee under the law and has the following major contents: a) the current state of the quantity, value, volume, technical infrastructure has invested , construction; the implementation of the Organization's financial obligations, transfer of personal computer to the time of the contract of assignment;
b) the responsibility of the Organization, the individual assignee in carrying forward the work, obligations that organizations and individuals, the transfer is not yet complete as of the time of the transfer.
4. transfer records include: a) franchise form exploitation of water resources;
b) transfer of rights the exploitation of water resources;
c) reported the results of exploitation of water resources and the implementation of the obligation to propose the transfer of exploitation rights of water resources;
d) copies (certified) the business registration certificate of the Organization, individuals receive grant the exploitation of water resources; side case the assignee is foreign business must have a copy of the (authenticated) decided to establish a representative office, branch in Vietnam.
5. The order of transfer procedures: a) individual transfer organization filed two (2) sets of records to the agency receiving records.
Within a period of five (5) working days from the date of receipt, the receiving Agency are responsible for checking records, receiving the record; cases of incomplete records, yet valid, then the receiver returns records and records in writing stating the reason;
b) within twenty (20) working days from the date of receipt in writing resumes, the agency receiving records have a responsibility to check, verify and record the relevant licensing authority to consider, decide and issue mining licenses again, use of water resources for the Organization individual assignee. The term of the license granted by the rest of the term of the licence has been issued before.
The cases suggest that the transfer was not the competent agency approved licensing organizations, individual assignment be made mining license, the use of water resources or return the license to exploit, use of water resources.
6. organizations, individual assignment and the assignee the right to harness water resources to fulfill the obligation of taxes, charges and fees relating to the assignment under the provisions of the law.
Chapter IV FINANCING OF WATER RESOURCES Article 40. Money grant the exploitation of water resources 1. The Organization, the individual must submit the money given to water resource exploitation prescribed in clause 1 Article 65 of the law on water resources including the cases must have the license the exploitation, use of water resources and in the following cases: a) exploit, use water to electricity trade;
b) exploit surface water, ground water, sea water to service operations, services, non-agricultural production;
c) tapping underground water with scale from 20 m3/day or more to industrial crops, livestock, aquaculture.
2. Ministry of environmental resources and hosted, in cooperation with the Ministry of finance the Government regulated the level of currency, numerical methods, the method of collection, management mode, using money granted the right to exploit water resources.
Article 41. Funding for basic investigation activities, planning, protection of water resources 1. Funding for basic investigation activities, planning, management, protection of water resources is carried out according to the provisions in clause 1 article 10, paragraph 4 Article 21, paragraph 5 article 27 of the law on water resources.
2. Ministry of environmental resources and hosted, in cooperation with the Ministry of Finance shall guide the management and use of funds for basic investigation activities, planning, management, protection of water resources.
Chapter V coordination, MONITORING the ACTIVITIES of EXPLOITATION, USE, protection of WATER RESOURCES, prevention and REMEDIAL DUE to WATER DAMAGE CAUSED on the category 1 ACTIVITIES NEED coordination, MONITORING the 42 Thing. The work on the need to coordinate monitoring, 1. The operations specified in points a, b, c and d Article 72 paragraph 1 of the law on water resources.
2. Other activities should be coordinated, monitored on the basin of the River at Point 72 of the Law Article paragraph 1/e water resources are specified as follows: a) improvement activities, to restore the River, including:-restore, preserve the ecosystem, improve water quality;
-Development of wetlands, riparian ecological belt, relieve obstructions to the flow on the river;
-Additional water for the water supply is exhausted, build and upgrade the infrastructure, sewage;
-Minimize the pollution source dispersion in urban and rural areas; strengthen prevention activities the issue of pollution of water resources;
-Build the infrastructure to hold water to increase the water flow in the River, reinforcing the banks of river dredging, River sedimentation.
b) landscape restoration activities, development of the waterfront land, Lake, including:-the development of entertainment, festivals, sports, River;
-Restore and develop the values of the history, culture and tourism.
43 things. The content, requirements for coordination activities, monitoring on watersheds

1. distributing contents include directing, urging the coordination activities of the ministries, agencies and local organizations involved in the implementation of the provisions of article 42 of the Decree.
2. monitoring content includes the monitor, check the operation of extraction, use of water resources, waste water discharge into water resources and the implementation of measures to protect water resources, prevention and remedial due to water damage caused on the range.
3. Requirements for coordination activities: a) ensure exploitation, use, savings, efficiency of water resources to meet the water supply requirements for life, the life of the people and social-economic development; protection of water resources, prevention and remedial damage caused by water;
b) ensure the coordination, consistency between the bodies involved coordination on the scope of the basin of the river; use resources rationally, efficiently, avoid overlapping and waste;
c) adhere to zoning, planning on the scope of the basin;
d) clearly define the Agency, the Agency for coordination and a specific responsibility of each participating agency.
4. Requirements for activity monitoring: a) to detect abnormal phenomena of flow, water level, the quality of water supplies; warning, predicting risk of pollution, degradation, exhaustion of water resources on the range;
b) detect the violations of the law on water resources of the Organization, the individual in the operation of the reservoir, the reservoir and in the waste water discharge activities on water resources on the range;
c) provides information, data, serve the coordination of the activities of exploitation, use, protection of water resources, prevention and remedial water hazard causes specified in article 42 of this Decree on the range;
d) other requirements of the management, protection, exploitation and use of water resources and prevention, remedial harm caused by water on the river basin.
Section 2 COORDINATION RESPONSIBILITIES, supervision on the Article 44. The responsibility of the Ministry of natural resources and the environment 1. Hosted, in cooperation with the ministries, ministerial agencies, government agencies and people's committees of provinces and cities under central planning, programs, and projects to implement the activities need coordination, monitoring specified in article 42 of this decree with regard to the Federal the Prime Minister's decision.
2. Chaired the coordinating respond, troubleshoot the source of water pollution of water resources, National Union of United province.
3. Appraise, announced the minimum flow in rivers or sections of rivers for the Intercity water resources, regulating the minimum flow in downstream of the reservoirs in the licensing authority.
4. Construct, maintain active surveillance system exploiting and using water resources, wastewater discharging on water source for the Federated provinces.
5. Solve by the authority or the Government solve the problems that arise in the coordination of the agencies involved coordinate, monitor for the United province.
Article 45. The responsibility of the provincial people's Committee 1. Construction, approval and implementation air-conditioned plans, distribution of water resources; the program, a plan to renovate the River, restoring the source of contaminated water, dried up for the inner basin of the province.
2. Directing the response, fix local water source pollution and coordinate with local public water sources have dealt, troubleshooting the source of water pollution.
3. Appraise, announced the minimum flow in rivers or sections of rivers for water sources within the provisions of the minimum flow in downstream of the reservoirs in the licensing authority.
4. Construct, maintain active surveillance system exploiting and using water resources, wastewater discharging on water source for the inner River basin.
5. Host solve the problems that arise in the coordination of the agencies involved coordinate, monitor for the provincial Cabinet.
6. In collaboration with the Ministry of natural resources and the environment in the implementation of the provisions of article 44 of this Decree.
Article 46. The responsibility of ministries, ministerial agencies 1. In collaboration with the Ministry of natural resources and the environment, the provincial people's Committee in the coordination, monitoring the activities of exploitation, use, protection of water resources, prevention and remedial due to water damage caused on the river basin.
2. Announced plans to use its water needs for each source of water on the river basin resources and the environment, the provincial people's Committee.
3. Directs the construction, tuning, addition of plans, programs, specialized projects related to extraction, use, protection of water resources, prevention and remedial harm caused by water to match the harmonic plan, distribution of water resources, programs, and plans to renovate the river , recovery of contaminated water sources, exhausted on the watersheds and ensure the maintenance of the minimum flow was announced.
4. Directing the construction and implementation of the plan to regulate the water reservoirs, mining plan, using the water of the water extraction works on the operating process, the reservoir, the reservoir has been issued and authorized by the harmonic plan, distribution of water resources on the river basin.
5. Coordination to solve the problems arising in the process of coordinating surveillance on the basin of the river.
Chapter VI ENFORCEMENT PROVISIONS Article 47. Transitional provisions 1. The Organization, the individual has to be licensed under the provisions of the water resources Law No. 08/1998/QH10 made according to the provisions of article 77 of the water resources Law number 17/2012/QH13.
2. With regard to the proposed licensing records of water resources is the competent organ to receive before the decree to this effect is further resolved on the principle of organization, the individual must perform the obligations under the provisions of the water resources Law number 17/2012/QH13.
3. organizations and individuals in the case prescribed in article 40 of the Decree has obligations to grant rights to exploit water resources since January 1, 2013.
Article 48. Effective enforcement of this Decree in effect enforced since July 2 in 2014.
The Decree No. 177/1999/ND-CP dated 30 December 1999 guidelines for implementing the law on water resources; 149/2004/ND-CP dated 27 July 2004 regulating the licensing of water resources and article 2 of Decree No. 38/2010/ND-CP on May 26, 2010 amended and supplemented some provisions on administrative procedure of Decree No. 181/2004/ND-CP on October 29, 2004 , 149/2004/ND-CP on July 27, 2004 and no. 160/2005/ND-CP on December 27, 2005 expired from the date of enforcement of this Decree takes effect.
Repeal the provisions of Decree No. 112/2008/ND-CP dated 20 October 2008 on the management, protection and exploitation of environment resources synthesis hydroelectric reservoirs, irrigation and Decree 118/2008/ND-CP on December 1, 2008 on left River basin management with water resources law number 17/2012/QH13 and this Decree.
Article 49. Responsibility 1. Ministry of natural resources and environment is responsible for chairing, in coordination with the ministries concerned guiding the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and organizations, relevant individual is responsible for the implementation of this Decree.