Groundwater Drilling License Application Guide

The procedure to obtain a groundwater drilling license for small and medium-scale operations is defined by Decree 54/2024/ND-CP, effective from July 1, 2024. Organizations and individuals must comply with all legal requirements for conditions, dossiers, and procedures to operate in the groundwater drilling sector. This guide provides a detailed analysis of the entire process for accurate and effective application preparation.

Conditions for a Groundwater Drilling License

Article 31 of Decree 54/2024/ND-CP specifies the conditions for organizations and individuals to receive a groundwater drilling license. These requirements fall under two main categories: legal status and technical competency.

An organization or individual must meet the following conditions:

• Possess a decision on the establishment of the organization, a business registration certificate, or a household business registration certificate issued by a competent state agency.
• The head of the organization or the person with primary technical responsibility must meet specific qualifications.

For small-scale groundwater drilling operations, the conditions are:

• A professional qualification from the intermediate level or higher in geology or drilling, or a skilled drilling worker certificate of grade 3/7 or equivalent.
• Alternatively, in the absence of the above qualifications, the individual must have directly executed at least three groundwater drilling projects.

For medium-scale groundwater drilling operations:

• A professional qualification from the intermediate level or higher in geology or drilling.
• The individual must also have directly participated in preparing at least one exploration project or report, designing an extraction well system, or supervising the construction of at least three drilling projects with a flow rate of 200 m³/day or more.

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Licensing Authority for Groundwater Drilling

According to Point b, Clause 1, Article 32 of Decree 54/2024/ND-CP, the licensing authority for a groundwater drilling license is designated based on the scale of operation. The provincial Department of Agriculture and Environment holds the authority for small and medium-scale operations.

The provincial Department of Agriculture and Environment is authorized to issue, extend, modify, re-issue, approve the return of, suspend, and revoke any groundwater drilling license for small and medium-scale projects. This authority applies to organizations and individuals with permanent registration within that province, ensuring effective local management.

Regulatory Procedure for Licensing

To secure a groundwater drilling license, applicants must adhere to the prescribed dossier requirements and procedural steps. Strict compliance ensures a streamlined appraisal and approval process, minimizing delays.

Dossier Components

As per Clause 1, Article 34 of Decree 54/2024/ND-CP, a complete application dossier for a groundwater drilling license includes:

• An application form for the license.
• The original or a certified copy of the technical manager’s qualifications, accompanied by the employment contract between the applicant and the manager.
• A declaration of the technical manager’s professional experience in groundwater drilling.
• The application form and experience declaration must follow Model 49 and Model 52 in the Appendix of Decree 54/2024/ND-CP.

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• Form No. 49: Application for Issuance of a Groundwater Drilling License

• Form No. 52: Professional Experience Declaration in Groundwater Drilling Activities of the Principal Technical Responsible Person

Procedural Steps

The licensing process, outlined in Clause 2, Article 34 of Decree 54/2024/ND-CP, involves the following steps:

• Step 1: Dossier Submission An applicant prepares one complete dossier set. Submission can be done in person, via postal service, or electronically through the online public service portal to the competent receiving agency.
• Step 2: Dossier Inspection Within three working days of receipt, the receiving agency reviews the dossier for completeness and validity. If the dossier is incomplete, it is returned with a clear explanation. A valid dossier is forwarded to the appraisal agency.
• Step 3: Dossier Appraisal The appraisal agency has 21 days from receiving a valid dossier to conduct its appraisal. The applicant will be notified to pay the appraisal fee. The agency may conduct a field inspection of the applicant’s operational conditions and technical capacity.
• Step 4: Licensing Decision If the applicant meets all conditions, the appraisal agency submits the dossier to the competent state authority for license issuance. If the conditions are not met, the dossier is returned with a written notice detailing the reasons for rejection.
• Step 5: Dossier Supplementation (if required) If the dossier requires additions or modifications, the appraisal agency will notify the applicant in writing. The time for supplementation and field inspections is not included in the official appraisal period. The appraisal continues for another 14 days after the supplemented dossier is received.

Processing Timeframe

The maximum processing time for a groundwater drilling license application is 21 working days from the date of receipt of a complete and valid dossier by the Department of Agriculture and Environment. This period excludes any time allocated for dossier supplementation.

Associated Costs

According to Clause 13, Article 2 of Circular 85/2019/TT-BTC, the fee for appraising a groundwater drilling license application is determined by the provincial-level People’s Council. Therefore, the cost varies by locality. Applicants should consult the specific regulations of the province where the license application is filed.

Expert Recommendations from Long Phan Consulting Company

Experts at Long Phan Consulting Company advise meticulous preparation of the application dossier in strict accordance with Decree 54/2024/ND-CP. Verify the validity of all documents, including business registration and professional qualifications, before submission.

For technical capacity, accurately assess the qualifications and experience of the chief technical officer against the requirements for the specific scale of operation. If relying on practical experience instead of formal degrees, ensure all documentary evidence, such as construction contracts and project acceptance records, is robust and legally sound.

Plan the submission timeline carefully, especially for license renewals. Submit the renewal application at least 90 days before the current groundwater drilling license expires to prevent business interruption. Maintain communication with the appraisal agency to ensure the procedure concludes within the statutory timeframe.

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Services at Long Phan Consulting Company

Long Phan Consulting Company provides comprehensive professional services for obtaining a groundwater drilling license. Our experts stay current with all regulatory changes to deliver accurate and effective support.

1. Comprehensive Legal and Regulatory Consulting

• We interpret all legal provisions regarding conditions, dossiers, and procedures for obtaining a groundwater drilling license.
• We analyze the alignment of your drilling activities with local water resource plans to identify potential legal issues.
• We provide strategic advice on post-licensing compliance, including license renewal and amendments.

2. Complete Dossier Preparation and Management

• We provide detailed guidance and review all necessary documents to ensure your application dossier is valid and complete.
• Our team drafts complex technical documents, application forms, and explanatory reports according to official templates.
• We coordinate with specialized technical units to prepare required reports on hydrogeological exploration and well design.

3. Authorized Representation and Process Management

• We act as your official representative to submit the application dossier to the competent state authority.
• Our experts proactively track the application’s progress and represent you in meetings with appraisal officers to clarify any technical points.
• We receive the official groundwater drilling license on your behalf and deliver it directly to you, completing the end-to-end service.

Frequently Asked Questions

What are the primary conditions for obtaining a groundwater drilling license?

Applicants must meet two main conditions: (1) Possess a valid business registration or equivalent legal entity status; and (2) The chief technical officer must have professional qualifications or practical experience relevant to the proposed scale of operations. Legal Basis: Article 31, Decree 54/2024/ND-CP.

Which agency issues a small and medium-scale groundwater drilling license?

The provincial Department of Agriculture and Environment is the competent authority to issue, extend, modify, and revoke these licenses for entities registered within its jurisdiction. Legal Basis: Point b, Clause 1, Article 32, Decree 54/2024/ND-CP.

What are the main documents in a groundwater drilling license application?

The dossier primarily includes an application form, certified copies of the technical manager’s qualifications and employment contract, and a declaration of the manager’s professional experience. Legal Basis: Clause 1, Article 34, Decree 54/2024/ND-CP.

How long does it take to process a license application?

The maximum processing time is 21 working days from the receipt of a valid dossier. This timeframe does not include any period required for the applicant to supplement the dossier. Legal Basis: Clause 2, Article 34, Decree 54/2024/ND-CP.

Where are the appraisal fees for the license application stipulated?

The appraisal fee is set by the provincial-level People’s Council and therefore differs between localities. Legal Basis: Clause 13, Article 2, Circular 85/2019/TT-BTC.

Conclusion

The procedure for obtaining a groundwater drilling license requires careful preparation and strict adherence to legal regulations. Understanding the conditions, procedures, and timelines is essential for a successful application. For professional support, contact the Long Phan Consulting Company hotline at 1900636389 for efficient and effective procedural execution.