Procedures for granting a license to practice small and medium-sized underground water drilling in Vietnam

Procedures for granting a license to practice small and medium-sized underground water drilling in Vietnam (Internet image)

On May 15, 2023, the Ministry 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 small and medium-sized underground water drilling in Vietnam

Organizations and individuals practicing underground water drilling on a small and medium scale must fully satisfy 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 a certificate 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:

+ For small-scale underground water drilling practice:

Possessing an intermediate or higher degree in geology (exploratory geology, hydrogeology, engineering geology, geotechnical engineering), drilling, or skilled drilling worker level 3/7 or equivalent or more; has directly participated in designing, making reports, or drilling at least 03 (three) underground water drilling works.

If one of the above qualifications is not available, he or she has directly constructed at least 05 (five) underground water drilling works;

+ For medium-sized underground water drilling practices:

Possessing an intermediate or higher degree in geology (exploratory geology, hydrogeology, engineering geology, geotechnical engineering), drilling; has directly participated in the formulation of projects; reports on exploration and design of the exploitation well system; or directed the construction of at least 03 (three) underground water drilling works with a flow rate of 200 m3/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 the environment or have directly participated in making at least 03 projects and reports.

2. Procedures for granting a license to practice small and medium-sized underground water drilling in Vietnam

2.1. Application for a license to practice small and medium-sized underground water drilling

Application for a license to practice small and medium-sized underground water drilling includes:

(1) An application 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 case 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 small and medium-sized underground water drilling in Vietnam

- Step 1: Submit your application:

Organizations and individuals applying for a license shall submit 01 application in person, by post, or electronically via the online public service system to a specialized agency in the field of water resources under the Department of Natural Resources and Environment.

In cases where the locality has organized a Single-Window-Shop or a Public Administration Service Center, the receipt of dossiers and return of results will be handled via the Single-Window Department or the Public Administration Service Center (hereinafter collectively referred to as the Single-Window Division).

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 agency specialized in the field of water resources under the Department of Natural Resources and Environment (hereinafter referred to as the specialized agency in the field of water resources) is responsible for receiving, appraising, and managing dossiers and permits under the licensing authority of the Department of Natural Resources and Environment.

Within 03 working days from the date of receipt of the application, the application-receiving agency 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 in writing the organization or individual applying for a license to supplement and complete the dossier as prescribed.

- Step 3: Verify your profile:

Within no more than 15 days from the date of receipt of a complete and valid dossier, the specialized agency in the field of water resources under the Department of Natural Resources and Environment shall appraise it and submit it to the competent authority for a decision on licensing;

In case the dossier is not eligible for licensing, the application shall be returned along with 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 licensing application-receiving agency shall send a written request to the organization or individual applying for a license to explain and supplement the application's contents; organize the actual inspection of the practice conditions, professional and technical capacity of the organization or individual applying for a license.

- Step 4: Deciding on licensing:

Within 03 working days from the date of receipt of the application for licensing, the Department of Natural Resources and Environment shall decide to issue a license to practice small and medium-sized 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 application-handling agency 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 Department notifies organizations and individuals that receive permits.

The granted license shall be delivered directly to the organization or individual applying for a license at the licensing agency or sent by post after the license holder has fully paid the prescribed fees and charges.

>> More details can be found in Decision 1235/QD-BTNMT issued on May 15, 2023.

Nguyen Thi Hoai Thuong

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