The implementation of the obligation to pay charges for granting water right by organizations and individuals that have been granted a license does not depend on the amount payment between organizations and individuals and EVN CPC.

The output for calculating charge for granting water right for hydroelectricity generation is calculated by the average annual electricity (Eo) in the approved design dossier.

Mekong Construction Joint Stock Company (in Dak Lak Province) operates in the small hydropower sector, which is purchased by EVN CPC at the avoidable cost tariff issued by the Ministry of Industry and Trade every year. According to this tariff, the electricity price issued does not include "charge for granting water right". Currently, EVN CPC has not yet paid the hydropower businesses the cost of granting water right.

Through the receiving and responding system to businesses’ recommendations, the Mekong Construction Joint Stock Company would like to ask, the Company will submit the application file for granting water right after EVN CPC makes payment to the Company. Is it okay?

In the Company's hydroelectric plant design dossier, the average power output is higher than the actual average power output sold to EVN CPC. So, in the record of charge for granting water right, the company will use the average power output actually sold to EVN CPC or use the average power output on the design document approved by the Ministry of Industry and Trade?

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

According to the Government's Decree 82/2017 / ND-CP dated July 17, 2017 on methods of calculation and collection of charges for granting water right; organizations and individuals that have been granted licenses for exploitation and use of water resources before the effective date of the Decree must complete the calculation and submission of dossier for calculation of charge of granting water right as prescribed within the deadline not exceeding 12 months from the effective date of the Decree (September 1, 2017).

The implementation of the obligation to pay charges for granting water right by organizations and individuals that have been granted a license does not depend on the account payment between organizations and individuals and EVN CPC.

According to Clause 1, Article 7 of Decree 82/2017 / ND-CP, the output for calculating charge for granting water right for hydropower generation is calculated by the average annual electricity (Eo) in design records have been approved.

Thus, the calculation of the licensing fee for hydroelectric works in general must be calculated on the basis of the average annual electricity amount of the project, not on the basis of actual power output.