All works that have been exploited and used water from water sources (including irrigation works) before the effective date of the Law on Water Resources 2012 (January 1, 2013) must have exploitation permit on using water resources.

The Ninh Thuan Irrigation Works Exploitation Limited Company currently exploits and manages 21 reservoirs.

Pursuant to Decree No. 201/2013 / ND-CP dated November 27, 2013 of the Government detailing the implementation of a number of articles of the Law on Water Resources No. 17/2012 / QH13, reservoirs of water exploitation flow for agricultural production of 0.1m3 / second or higher, a surface water exploitation permit is required.

However, when the Irrigation Law  2017 was enacted, it was suggested that reservoirs were in operation before 2013 (before Decree No. 201/2013 / ND-CP), it was not necessary to comply with the regulations. procedures for granting permits to exploit and use surface water for reservoirs.

Through the receiving and responding system to businesses’ recommendations, the Company would like to ask, is it correct or in-correct to do this license?

Regarding this issue, The Ministry of Natural Resources and Environment has the following opinions:

Under the provisions of Clause 3, Article 44 of the Law on Water Resources, all cases of exploitation and use of water other than those prescribed in Clauses 1, 2 and Article 44 of the Law on Water Resources must have permit to exploit and use water resources.

Accordingly, all works that have been exploiting and using water from water sources (including irrigation works) before the effective date of the Law on Water Resources 2012 (January 1, 2013) must have permit to exploit and use water resources in accordance with the law on water resources.

According to the law on water resources, the exploitation of water of hydroelectric and irrigation reservoirs is subject to a permit. The  Law on Irrigation 2017 does not amend and supplement entities that require licenses as prescribed in Article 44 of the Law on Water Resources nor regulate water exploitation works before the effective date of the Law on Water Resources. has a license to exploit and use water resources.

Therefore, the Ninh Thuan Irrigation Works Exploitation Co., Ltd. is urgently required to carry out the procedures to apply for the permit of exploitation and use of surface water for reservoirs which are subject to the permit managed by the Company. In accordance with the law on water resources.