Foundation for calculating charge for granting water right

Mon, 07 Oct 2019 16:56:00  |  Print  |  Email   Share:

(Chinhphu.vn) – Mr. Phan The Thuan's Company (in Can Tho Province) has received a notice from the Department of Natural Resources and Environment on the declaration and calculation of charge for granting water right. His company agrees on this policy, but the company has some problems about the mining regime, the object of the declaration and proposes authorities to answer.

Specifically, the using license of underground water of Mr. Thuan's company clearly indicates the coordinates, flow and parameters of the project, including the exploitation regime (hour / day, night) is 12 hours. Mr. Thuan would like to ask, so is the payment for the company based on half a day or one day?

Regarding permits to use surface water for production activities of commercial pangasius farming, this business activity is not clearly stated in the decree subject to the declaration of the right to grant water resources but according to the Official guiding document 3995 / TCT-DNL, for surface water exploitation: Exploiting surface water to serve business activities, services, non-agricultural production, including water for cooling machinery, equipment and steam generation .

Mr. Thuan would like to ask, is the production of Pangasius breeding at the company subject to declaration under the Decree 82/2017 / ND-CP?

The Ministry of Natural Resources and Environment answers this issue as follows:

According to the provisions of Clause 3, Article 7 of the Decree No. 82/2017 / ND-CP dated July 17, 2017 of the Government on the method of calculation and collection of charges for granting water right, the “exploitation regime in The year is calculated by the number of harvesting days in the year divided (/) 365 days. In case the license is not specified, the exploitation regime is calculated as 365/365 days ”.

Thus, if the License does not specify that the exploitation regime is the number of exploitation days / year, the exploitation regime shall be calculated as 365/365 days.

Regarding the second question, the content is not clear, namely the case of surface water exploitation and use only for Pangasius farming purposes or also using water to serve Pangasius commodity processing. According to Article 3 of the Decree No. 82/2017 / ND-CP:

- In case of raising only Pangasius, it is not required to pay charge for granting water right.

- In case water is used for Pangasius production and processing activities, it is required to exploit and use water to serve non-agricultural production activities and pay a charge for granting water right as prescribed.

By: Online Newspaper of the Government / Translator: HaiYen-Bizic

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