Procedures for granting a license to practice large-scale underground water drilling in Vietnam

Procedures for granting a license to practice large-scale underground water drilling in Vietnam (Internet image)

On May 15, 2023, the Minister of Natural Resources and Environment of Vietnam issued Decision 1235/QD-BTNMT on the publication of administrative procedures for amendments and supplements in the field of water resources within the scope of state management functions of the Ministry of Natural Resources and Environment.

1. Conditions for granting a license to practice large-scale underground water drilling in Vietnam

Organizations and individuals practicing large-scale underground water drilling must fully meet the following conditions:

- Having a decision on the establishment of an organization issued by a competent authority or one of the business registration certificates, business registration and tax registration certificates, or business registration certificates.
for organizations or certificates of business household registration, for groups of individuals and households, issued by a competent authority.

- The head of the organization (Director or General Director) or the person in charge of technical matters of the practicing organization or individual (hereinafter referred to as the person with the main technical responsibility) must meet the following conditions:

+ Having a university degree or higher in geology (exploratory geology, hydrogeology, engineering geology, geotechnical engineering), drilling;

+ Having directly participated in the formulation of projects, reports on exploration and design of exploitation well systems, or directed the construction of at least 03 (three) underground water drilling works with a flow of 3,000m3/day or more.

+ Working experience: the person in charge of the technical project or report must have at least 03 years of experience in the field of water resources and environment or have directly participated in making at least 03 projects and reports.

2. Procedures for granting a license to practice large-scale underground water drilling in Vietnam

2.1. Application for a license to practice large-scale underground water drilling in Vietnam

Application for a license to practice large-scale underground water drilling includes:

(1) An application form for a license to practice underground water drilling (Form No. 01, Appendix IV, issued together with Circular 11/2022/TT-BTNMT);

(2) A certified copy or a photocopy certified by the diploma or certificate-granting agency of the person in charge of the technique in accordance with the law and the labor contract for the case where the organization or individual applies for a permit for a labor contract with the person in charge of the technique;

In cases where there are only photocopies, the originals must be attached for comparison;

(3) Declaration of professional experience in underground water drilling activities of the person in charge of engineering of the organization or individual applying for a license (Form No. 02, Appendix IV issued together with Circular 11/2022/TT-BTNMT).

Number of records: 01 set

2.2. Procedure for granting a license to practice large-scale underground water drilling in Vietnam

The procedure for granting a license to practice large-scale underground water drilling includes the following steps:

- Step 1: Submitting application:

Organizations and individuals applying for a license shall submit 1 set of dossiers directly or by post to the Office of Receiving and returning results of administrative procedures of the Ministry of Natural Resources and Environment, hereinafter referred to as: Single-Window Office (No. 10 Ton That Thuyet, Nam Tu Liem, Hanoi), or electronically via the online public service system at https://dvc.monre.gov.vn.

For the form of submission of documents in the electronic environment, the required documents are certified copies of the electronic documents.

- Step 2: Receipt of documents:

The One Stop Office is responsible for receiving and returning the results of administrative procedures under the licensing authority of the Ministry of Natural Resources and Environment.

The Water Resources Management Department under the Ministry of Natural Resources and Environment is responsible for appraising and managing dossiers and permits under the licensing authority of the Ministry of Natural Resources and Environment.

Within 03 working days from the date of receipt of the application, the Department of Water Resources Management shall consider and check the completeness and validity of the application.

If the application file for a license is incomplete or invalid, the application-receiving agency shall return the application and notify the applicant in writing to amend and complete the dossier as prescribed.

- Step 3: Verifying application:

Within no more than 15 days from the date of receipt of a complete and valid application, the Water Resources Management Department shall appraise and submit it to the Ministry of Natural Resources and Environment;

In case the dossier is not eligible for licensing, the application shall be returned and a written notice clearly stating the reason for not granting the license to the applicant organization or individual.

Contents of dossier evaluation include:

+ Legal grounds for applying for a practice license; the satisfaction of the prescribed professional practice conditions;

+ In case of necessity, the Water Resources Management Department shall send a written request to the organization or individual applying for a license to explain and supplement to clarify the contents of the dossier; organize the actual inspection of the practice conditions, professional and technical capacity of the organization or individual applying for a license; or request the specialized agency in the field of water resources in the locality where the organization or individual's permanent residence is registered to conduct a physical inspection.

The agency requested for examination shall examine and reply in writing to the agency accepting the application for licensing within 07 working days from the date of receipt of the written request for examination.

- Step 4: Decision on licensing:

Within 03 working days from the date of receipt of the application for licensing, the licensing authority shall decide to issue a license to practice large-scale underground water drilling (according to Form No. 03, Appendix IV issued together with Circular 11/2022/TT-BTNMT).

In the event of a refusal to grant a permit, within no more than 2 working days, the Water Resources Management Department must notify the applicant organization or individual in writing, clearly stating the reason for not granting the permit.

- Step 5: Announcing the result:

The Single-Window Office returns Licenses issued to organizations or individuals or sent by post after the license holder has fully paid the prescribed fees and charges.

Nguyen Thi Hoai Thuong

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