According to Clause 2, Article 15 of Decree No. 54/2024/ND-CP, the authority lies with the Provincial People's Committee. However, based on Forms 16 and 17 attached to the Decree, which provide the templates for declarations, the Department of Natural Resources and Environment is responsible for confirming the registration of surface water use, the excavation of lakes, ponds, rivers, streams, canals, and ditches for organizations and individuals.

Clause 2, Article 15 of Decree No. 54/2024/ND-CP specifies that the authority to confirm water exploitation registration belongs to the Provincial People's Committee. However, Clause 2, Article 26 of the same Decree stipulates that in cases where an organization or individual has registered for surface water exploitation but no longer wishes to continue, they must return the registration certificate to the Department of Natural Resources and Environment.

Ms. Tham questioned whether the provisions in Clauses 1 and 2 of Article 26 of Decree No. 54/2024/ND-CP are contradictory and if they conflict with Clause 2, Article 15 of the same Decree.

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

Decree No. 02/2023/ND-CP, dated February 1, 2023, of the Government, detailing the implementation of certain articles of the Water Resources Law, stipulates that the Department of Natural Resources and Environment is responsible for organizing the confirmation of registration for surface water and seawater exploitation.

Clause 2, Article 15 of Decree No. 54/2024/ND-CP, dated May 6, 2024, of the Government, which regulates the practice of groundwater drilling, declaration, registration, licensing, water resource services, and the fee for the right to exploit water resources, specifies that the Provincial People's Committee organizes the registration for the exploitation and use of water resources.

Moreover, Clause 5, Article 15 of Decree No. 54/2024/ND-CP provides that, based on the requirements of the work, implementation capabilities, resources, actual conditions, and specific circumstances, the Provincial People's Committee may decide to delegate or authorize the Department of Natural Resources and Environment according to the provisions of the Law on the Organization of Local Governments.

Following the issuance of Decree No. 54/2024/ND-CP, the Water Resources Management Department issued Official Document No. 1408/TNN-NTB on June 17, 2024, regarding the implementation of the issuance, extension, adjustment, and reissuance of water resource exploitation licenses starting from July 1, 2024, sent to the Departments of Natural Resources and Environment of provinces and cities. The document includes a request for the Departments to study, report, and promptly propose to the Provincial People's Committees to consider and decide on a plan for delegation and authorization to the Departments as prescribed in Clause 5, Article 15 of Decree No. 54/2024/ND-CP.

Therefore, based on the actual conditions of the locality, the need for delegation and authorization to ensure continuity in the process of confirming water resource exploitation registration, it is recommended that the Department of Natural Resources and Environment advises the Provincial People's Committee to decide on a plan for delegation and authorization to the Department as stipulated in Clause 5, Article 15 of Decree No. 54/2024/ND-CP.