The Government has recently promulgated Decree No. 23/2026/ND-CP, amending and supplementing several articles of existing decrees in the field of water resources.
Notably, the new decree adds new provisions to Decree No. 54/2024/ND-CP regarding the principles, grounds, and conditions for granting water resource exploitation and groundwater exploration licenses.
Under the new Decree, the registration and licensing of water resource exploration, exploitation, and use must ensure correct jurisdiction, eligible entities, and compliance with prescribed procedures. The regulations aim to harmonize the interests of the State with the legal rights and interests of relevant organizations and individuals. Priority is given to water supply for domestic use, while emphasizing the protection of water resources to prevent degradation, depletion, and pollution.
The issuance of these licenses must be based on water resource planning as well as sectoral, regional, and provincial planning. Other factors include the current status of water extraction and use, appraisal results from competent authorities, and the specific water demands of the applicants.
The Decree also specifies the conditions for granting exploitation and exploration licenses. Accordingly, organizations and individuals will be granted a water resource exploitation license only after completing the public consultation process as required by the Law on Water Resources.
Decree No. 23/2026/NĐ-CP clearly stipulates the duration of licenses. A license for surface water exploitation has a maximum term of 10 years and a minimum term of 5 years, and may be renewed multiple times, with each renewal lasting 5 years.
A license for seawater exploitation has a maximum term of 15 years and a minimum term of 10 years, and may be renewed multiple times, with each renewal lasting 10 years.
A license for groundwater exploitation has a maximum term of 5 years and a minimum term of 3 years, and may be renewed multiple times, with each renewal lasting 3 years.
A license for groundwater exploration has a term of 2 years and may be renewed once, with the renewal period not exceeding 1 year. In cases where organizations or individuals request the issuance or renewal of a license with a shorter term, the license shall be issued or renewed according to the term proposed in the application for licensing.
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