I. LEGAL BASES

Regulations on licensing and use of surface water resources are specified in the following documents:

– Law on Water Resources No. 17/2012/QH13 issued on June 21, 2012 of the 13th National Assembly.

– Decree No. 201/2013/ND-CP issued on November 27, 2013 of the Government detailing a number of articles of the Law on Water Resources.

– Decree No. 60/2016/ND-CP issued on July 1, 2016 of the Government regulating a number of business investment conditions in the field of natural resources and environment.

– Decree No. 136/2018/ND-CP issued on October 5, 2018 of the Government amending a number of articles of Decrees related to business investment conditions in the field of natural resources and environment.

– Decree No. 82/2017/ND-CP issued on July 17, 2017 of the Government regulating the calculation method and level of fees for granting the rights to exploit water resources;

– Circular No. 27/2014/TT-BTNMT issued on May 30, 2014 of the Ministry of Natural Resources and Environment on registration of underground water exploitation, application form for issuance, extension, adjustment, and re-issuance of Water Resources Permits.

– Circular No. 24/2016/TT-BTNMT issued on September 9, 2016 of the Ministry of Natural Resources and Environment regulating the determination and announcement of sanitary protection zones in areas receiving domestic water.

II. CASES IN WHICH A SURFACE WATER EXPLOITATION PERMIT IS NOT REQUIRED

Pursuant to Article 16 of Decree No. 201/2013/ND-CP; Clauses 1 and 2 of the Law on Water Resources, the following cases will NOT require a surface water exploitation permit:

– Exploit underground water for production, business and service activities with a scale not exceeding 10 m3/day and night not specified in Clause 2, Article 44 of the Law on Water Resources;

– Exploit surface water for agricultural production and aquaculture with a scale not exceeding 0.1 m3/sec;

– Exploit surface water for business, service and non-agricultural production purposes not exceeding 100 m3/day and night;

– Exploit and use surface water to generate electricity with installed capacity not exceeding 50 kW;

– Exploit and use sea water to serve production, business and service activities on land with a scale not exceeding 10,000 m3/day and night; exploit and use sea water to serve activities at sea and on islands.

In the remaining cases, it is REQUIRED to apply for a permit and prepare surface water exploitation documents according to the provisions of law.

III. WHAT COMPONENTS ARE INCLUDED IN AN APPLICATION FOR A SURFACE WATER EXPLOITATION PERMIT?

According to the provisions of Clause 1, Article 32 of Decree No. 201/2003/ND-CP, the application for a surface water exploitation permit is specifically regulated to include the following components:

1. Application for a permit to exploit and use surface water and sea water includes:

a) Application for permit;

b) Water exploitation and use plan for cases where there is no exploitation project; Report on the current status of water exploitation and use along with operating procedures where there are existing exploitation works (if in cases where operating procedures are required);

c) Water source quality analysis results no more than three (03) months from the time of application submission;; d) Location map of water exploitation works.

In case there is no surface water or sea water exploitation project, the application for a permit  must be submitted during the investment preparation stage.

2. Procedure for preparing surface water exploitation and use documents

– Collect necessary data for document preparation and field survey of the project area.

– Collect and synthesize documents on water source characteristics in the exploitation area.

– Conduct measurements, take samples and determine coordinates of points (exploitation, distribution and use of water at the project).

– Research, calculate and make statistics on water flow that needs to be exploited for use at the project.

– Research and synthesize data to determine water exploitation and use methods.

– Research and evaluate the effects of water exploitation and use on water sources, the environment and other water users.

– Complete the necessary drawings.

– Compile data and complete surface water exploitation and use documents.

– Submit documents to the competent state agency for appraisal and approval according to regulations.

Document appraisal agency:

– Department of Water Resources Management

– Ministry of Natural Resources and Environment – Departments of Natural Resources and Environment of provinces.

IV. HOW LONG IS THE SURFACE WATER EXPLOITATION AND USE PERMIT?

Pursuant to Clause 1, Article 21 of Decree No. 02/2023/ND-CP has the following regulations:

– The surface water and sea water exploitation, use permit is valid for a maximum of 15 years, a minimum of 05 years and can be considered for extension many times, each extension is for a minimum of 03 years, a maximum of 10 years;

– The underground water exploration permit is valid for 02 years and can be considered for renewal in 01 lane, the extension period must not exceed 01 year;

– The underground water exploitation, use permit has a maximum term of 10 years, a minimum of 03 years and can be considered for extension many times, each extension is a minimum of 02 years, a maximum of 05 years.

V. CONSULTING SERVICES FOR MAKING SURFACE WATER EXPLOITATION PERMIT

tNGO International Company Limited is an organization that consults and completes surface water exploitation documents with prestige, quality and on schedule for the projects.

If you need to prepare documents or need advice on information about Surface Water Exploitation Permit, please contact hotline: 0969 867 924 or 0969 867 925

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PURPOSE OF DESIGN CONSULTATION

Regulations on licensing and use of surface water resources are specified in the following documents:

– Help the Employer complete documents to serve legal procedures (apply for construction permit, perform environmental impact assessment,…)

– Help the Employer set the project’s target budget

– Help the Employer complete design documents for bidding and invitation to bid

DESIGN CONSULTATION PROCESS

Step 1: Receive the topic, conduct a practical survey

Step 2: Evaluate technology options and advise on appropriate technology

Step 3: Design, calculate the items, applicable standards

Step 4: Prepare basic design drawings and construction designs

Step 5: Complete design consultation documents

TYPES OF WORKS WHICH NGO PERFORMS DESIGN CONSULTATION INCLUDE:

• Domestic wastewater treatment: Urban areas, residential areas, apartment buildings, restaurants, resorts…
• Wastewater treatment of industrial parks, industrial clusters
• Production wastewater treatment
• Treatment of domestic water supply, purified water, and saline water
• Emissions Treatment
• Reuse of wastewater

NGO International Company Limited specializes in the environmental field, is knowledgeable about different types of technology on the market, and has practical experience in the complex projects.

For detailed advice, please contact hotline: 0969 867 924 or 0969 867 925

Environmental permit (EP) is a legal document issued by a competent state management agency to organizations, individuals engaged in business, service activities that are allowed to discharge waste into the environment and manage waste, import the scrap from abroad as raw materials for production, accompanied by requirements, conditions on environmental protection according to the provisions of law.

* Legal bases of environmental permit:

– Law on Environmental Protection in 2002

– Decree No. 08/2022/ND-CP

1- Types of environmental permits

Environmental permits include:

– Certificate of completion of environmental protection works or waste treatment system;

– Permit of discharge of waste into water sources;

– Permit of discharge of waste into irrigation works;

– Certificate of eligibility for environmental protection in importing scrap as raw production materials;

– Hazardous waste treatment permit at the generating facility;

– Register of hazardous waste source owners;

– Industrial emission discharge permit.

Since the Law on Environmental Protection in 2020 in effect, starting from January 1, 2022, the Environmental Permit has integrated the above 07 types of documents and procedures.

2- Project grouping

3- Documents to be prepared

Agency receiving documents and in charge of issuing environmental permit:

– Department of Water Resources Management under the Ministry of Natural Resources and Environment

– General Department of Geology and Minerals of Vietnam

– Department of Natural Resources and Environment in charge of receiving

– Department of Construction – Department of Transport

– Departments of Fisheries of provinces, cities.

4- Validity period and term of the environmental permit

The term of the environmental permit will be specified as follows:

– For group I investment projects, the term is 7 years.

– For production, business and service establishments, concentrated production, business and service zones, and industrial parks operating before the Law on Environmental Protection in 2014 takes effect.

– For objects not covered by the provisions in the above 2 points, the term of the environmental permit will be 10 years.

5- Trial operation

a) Investment projects, establishments of the type of production, business and services that are at risk of causing environmental pollution on a large scale (specified in Column 3, Appendix 2, Decree No. 08/2022/ ND-CP)

b) Waste monitoring during the trial operation process (Article 21, Circular No. 02/2022/TT-BTNMT)

– For projects that are NOT in the type of production, business, or service with the risk of causing environmental pollution on a large scale, waste monitoring is decided by the investment project owner, but must ensure to monitor at least 03 samples for 03 consecutive days during the period of stable operation of waste treatment works.i.

c) Monitoring wastewater or emissions when re-operating wastewater and emissions treatment works (it is necessary to renovate or upgrade wastewater treatment works; renovate and upgrade dust and emissions treatment works)

+ Establishments of the type of production, business, and services that are at risk of causing environmental pollution on a large scale (specified in Column 3, Appendix 2, Decree No. 08/2022/ND-CP): monitoring waste according to regulations at the stage of stable operation of waste treatment works;

+ Establishments that are NOT in the type of production, business, or service with the risk of causing environmental pollution on a large scale: the establishment makes its own decision but must ensure to monitor at least 03 samples for 03 consecutive days of the stable operation phase of waste treatment works.

6- Guaranteed and fast environmental permit application service

Applying for an environmental permit is a relatively complicated procedure and takes a lot of time. To save time and obtain favorable environmental permit, the enterprises, employers should choose reputable companies with experience in implementing this service.

NGO International Company Limited is a consulting unit specializing in preparing environmental permit documents. We have a deep understanding of the environmental field, experience and trust from the partners who have cooperated successfully. NGO’s consulting services for obtaining environmental permits include:

– Consulting on issues related to environmental permit activities;

– Consulting and supporting in drafting documents to apply for environmental permits;

– Submitting application for environmental permits on behalf of the customers; and monitor and update the customers on application status;

– Representing the customers in working with competent state agencies in the process of applying for environmental permits;

– Consulting on other procedures such as applying for extension, or changing the term, adjusting the content of the permit.

For further advice and support, please contact us via hotline: 0969 867 924 or 0969 867 925.

Environmental impact assessment (called as EIA, in English is EIA-Environmental Impact Assessment) is the analysis, assessment and prediction of the environmental impact of an investment project or plan, and also, makes measures to minimize negative impacts.

This is an important point because competent agencies, organizations rely on this report to evaluate and decide whether this project is allowed to be built or not.

2. LEGAL BASES & APPRAISAL AGENCY FOR ENVIRONMENTAL IMPACT ASSESSMENT

EIA permit is guided and detailed in legal documents issued by the state agencies such as:

– Law on environmental protection No. 55/2014/QH13 issued on June 23, 2014.

– Law on Environmental Protection No. 72/2020/QH14 issued on November 17, 2020.

– Decree No. 18/2015/ND-CP issued on February 14, 2015. – Circular No. 27/2015/TT-BTNMT, issued on May 29, 2015 of the Ministry of Natural Resources and Environment.

– Decree No. 40/2019/ND-CP dated May 13, 2019, Appendix 2, section 1

EIA appraisal agencies (depending on the nature of the project), include:

– The Provincial People’s Committee appraises the projects built in the area.

– Ministry of Natural Resources and Environment: appraise the projects related to high-level state organizations according to regulations.

– Ministries and ministerial-level agencies: appraise the projects under their authority according to regulations. If there is not enough expertise to appraise, the Ministry can submit it to the Ministry of Natural Resources and Environment for advice.

– Ministry of Defense, Ministry of Public Security: appraise the projects that are national secrets, and other projects according to regulations.

3. OBJECTS REQUIRED TO PREPARE AN EIA REPORT

Objects required to carry out environmental impact assessment include 2 groups

– Group 1 is a project with a high risk of negative impact on the environment, specified in Clause 3, Article 28 of the Law on Environmental Protection No. 72/2020/QH14. Including:

• Projects in the form of production, business, and services that have the risk of causing environmental pollution with large scale and capacity; project to implement hazardous waste treatment services; Projects that import scrap from abroad as production materials;
• Projects in the form of production, business, and services that are at risk of causing environmental pollution with average scale and capacity but have environmentally sensitive elements; Projects that do not belong to the type of production, business, or service that are at risk of causing environmental pollution with large scale and capacity but have environmentally sensitive elements;
• Projects using land, land with water surface, and sea areas on a large scale or on a medium scale but with environmentally sensitive factors;
• Projects to exploit minerals and water resources with large scale and capacity or with medium scale and capacity but with environmentally sensitive factors;
• Projects that require changing land use purposes on a medium scale or larger but have environmentally sensitive factors;
• Projects which require large-scale immigration and resettlement.

– Group 2 is the project specified in Points c, d, dd and e, Clause 4, Article 28 of the Law on Environmental Protection No. 72/2020/QH14:

• Projects using land, land with water surface, and sea areas on a medium scale or on a small scale but with environmentally sensitive elements;
• Projects to exploit minerals and water resources with medium scale and capacity or with small scale and capacity but with environmentally sensitive factors;
• The project requires changing land use purposes on a small scale but has environmentally sensitive factors; The project requires migration and resettlement on a medium scale.

4. WHAT DO THE APPRAISAL REQUEST DOCUMENTS INCLUDE?

Below are the documents, reports that the enterprises and project investors need to submit to competent authorities. Including:

– 01 request for appraisal of the environmental impact assessment report made according to Form No. 05 Appendix VI Section I Appendix issued with Decree No. 40/2019/ND-CP;

– 01 feasibility study report or economic-technical report of the investment project or equivalent documents;

– 07 environmental impact assessment reports.

In case the number of appraisal council members is more than 07 people, the project owner must provide an additional number of environmental impact assessment reports.

5. CONTENT OF PRELIMINARY ASSESSMENT OF ENVIRONMENTAL IMPACT

– Confirm the origin and legality of the project, the Employer, and the techniques as used; Environmental impact assessment methods…

– Evaluate the suitability of the project’s location with regional planning, provincial planning and other legal regulations;

– Evaluate technology and project activities that have the potential to negatively impact the environment;

– Make survey of natural, socio-economic and biodiversity conditions; Assess the environment, affected objects, and environmental sensitive factors.

– Evaluate forecasts of main environmental impacts and waste generated by project phase; scale and nature of waste; impacts on historical-cultural relics and biodiversity; impacts due to site clearance, migration, and resettlement;

– Works and measures for collecting, storing and treating waste;

– Measures to minimize the project’s negative impacts on the environment; plans for renovation, recovery, prevention and response to environmental incidents.

– Management and supervision program; consultation results; conclusions, recommendations and commitments of the Employer.

6. CONSULTING SERVICES FOR PREPARING ENVIRONMENTAL IMPACT ASSESSMENT REPORTS (EIA)

NGO International Company Limited is the owner of consulting services and prepares environmental impact assessment reports quickly and accurately. We have a lot of experience in cooperating and deploying with many partners with high reputation, ensuring on schedule.

If you need to prepare or learn about an environmental impact assessment report, please contact us via hotline: 0969 867 924 or 0969 867 925.

NGO PROVIDES PROFESSIONAL OPERATION SERVICES FOR ENVIRONMENTAL PROTECTION WORKS SO THAT THE ENTERPRISES HAVE THE MOST TIME TO FOCUS ON THEIR CORE BUSINESS ACTIVITIES.

1- WHY SHOULD THE ENTERPRISES CHOOSE OUTSOURCING OPERATION SERVICES OF NGO?

• As an enterprise providing environmental solutions, we have a deep understanding of technology, equipment, and operating principles of the system to ensure that our expertise will help operate wastewater treatment stations in the appropriate and optimal manner for each system.
• Our operators are centralized and serve many projects at the same time, so personnel costs will always be better than if the enterprise organizes the implementation itself.
• The operators are well-trained and have expertise in environmental technology, understand the wastewater treatment system operating process, ensure flexible response in case of incidents, thereby minimize operational risks and other risks for the enterprises.
• As an independent service provider, we can provide objective and accurate wastewater treatment system operation reports and advise Enterprise Managers in decision making.
• Understand environmental laws and provide maximum support to the enteprises in complying with legal regulations

2- WHICH PROJECTS DOES NGO PROVIDE THE SERVICES FOR?

• Water supply and desalination projects
• Pure, ultra-pure water projects
• Centralized wastewater treatment projects and distributed wastewater treatment projects

3- WHAT ARE THE TYPES OF SERVICES PROVIDED BY NGO?

• Professional Operation management
• Independent Audit
• Maintenance & calibration

NGO always improves and constantly strives, through experience accumulated through each project, as well as technology transfer from reputable partners around the world to provide the good, reputable and dedicated services to the customers.

Please contact us for detailed advice.