What is the time for community survey on exploitation and use of water resources in Vietnam?

What is the time for community survey on exploitation and use of water resources in Vietnam?

Pursuant to Clause 2 Article 2 of the Decree 02/2023/NĐ-CP (effective from 20/03/2023) stipulating the time for community survey on exploitation and use of water resources in Vietnam as follows:

Community survey on exploitation and use of water resources

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1. Projects on construction of works for exploitation and use of water resources on which community survey is mandatory include:

a) Reservoirs and dams, built on rivers and streams, subject to the request for permission;

b) 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;

c) Works for transferring water between water sources;

d) Works for exploitation and use of groundwater (including one or more drilled wells, dug wells, dug holes, corridors, roads and caves used for exploitation of groundwater and owned by an organization or individual and the adjacent distance among them is not greater than 1.000 m) with a flow rate of at least 12.000 m3/day and night.

2. Survey time:

a) During the process of making projects on investment in the works prescribed in Points a, b and c Clause 1 of this Article;

b) During the process of exploration for works for exploitation and use of groundwater prescribed in Point d Clause 1 of this Article.

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As regulations above, the time for community survey on exploitation and use of water resources in Vietnam shall be during the process of making projects on investment in the works or the process of exploration for works for exploitation and use of groundwater.

Which agencies shall collect community survey on exploitation and use of water resources in Vietnam?

Pursuant to Clause 4 Article 2 of the Decree 02/2023/NĐ-CP (effective from 20/03/2023) stipulating agencies collecting community survey on exploitation and use of water resources in Vietnam as follows:

- The People’s Committees of districts where the intra-provincial water sources flow through shall carry out survey on works for exploitation and use of intra-provincial water resources as follows:

+) 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;

- The People’s Committees of provinces where the interprovincial water sources flow through shall carry out survey on works for exploitation and use of interprovincial water resources as follows:

+) 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;

- The People’s Committees of districts where the intra-provincial water sources are diverted shall carry out survey on works for water diversion from the intra-provincial water resources;

- The People’s Committees of provinces where the interprovincial water sources which are diverted flow through shall carry out survey on works for water diversion from the interprovincial water resources;

- The People’s Committees of districts where they are intending to set works for exploitation of groundwater shall carry out survey on works for exploitation and use of groundwater (including one or more drilled wells, dug wells, dug holes, corridors, roads and caves used for exploitation of groundwater and owned by an organization or individual and the adjacent distance among them is not greater than 1.000 m) with a flow rate of at least 12.000 m3/day and night.

What are steps for community survey on exploitation and use of water resources in Vietnam?

Pursuant to Clause 5 Article 2 of the Decree 02/2023/NĐ-CP (effective from 20/03/2023) stipulating steps for community survey on exploitation and use of water resources in Vietnam as follows:

+) Investors shall send documents and contents prescribed in Clause 3 of this Article to the district-level People’s Committees and district-level Divisions of Natural Resources and Environment if surveying agencies are the district-level People’s Committees or to the provincial People’s Committees and Departments of Natural Resources and Environment if inquiry agencies are the provincial People’s Committees;

+) If surveying agencies are the district-level People’s Committees, within 30 working days from the date of receiving proposals to carry out survey of investors, the district-level Divisions of Natural Resources and Environment shall assist the district-level People’s Committees in organizing working sessions and meetings with relevant agencies, organizations and individuals to comment on scheduled construction works or direct dialogues with investors; and collect opinions, submit them to the district-level People’s Committees and they will transfer them to the investors;

+) If surveying agencies are the provincial People’s Committees, within 40 working days from the date of receiving proposals to carry out survey of investors, the Departments of Natural Resources and Environment shall assist the provincial People’s Committees in organizing working sessions and meetings with relevant agencies, organizations and individuals to comment on scheduled construction works or direct dialogues with investors; and consolidate opinions, submit them to the provincial People’s Committees and they will transfer them to the investors;

+) Apart from information prescribed in Clause 3 of this Article, the investors shall provide additional data, reports and information on their projects if the agencies specified in Clause 4 of this Article make requests and directly report and explain to clarify matters related to their projects at meetings.

Best regards!