Decree No. 23/2026/ND-CP amending regulations on Water resources management
On January 17, 2026, the Government issued Decree 23/2026/ND-CP, amending and supplementing several provisions of existing regulations in the water resources sector. The Decree revises provisions under Decree 53/2024/ND-CP, which details the implementation of certain articles of the Law on Water Resources, and Decree 54/2024/ND-CP, which regulates groundwater drilling practice, declaration, registration, licensing, and water resource services.
The Decree took effect upon issuance and introduced several adjustments aimed at strengthening oversight and improving transparency in water resource exploitation and use. Key updates are summarized below.
Amendments to Water exploitation monitoring requirements
The Decree does not change the subjects or forms of water exploitation monitoring. However, certain technical requirements for monitoring systems have been updated.
Measurement devices and data transmission
New provisions clarify situations where monitoring data may be interrupted, including:
- Interruptions caused by maintenance, inspection, calibration, or replacement of measurement devices.
- Interruptions due to data transmission failures or other technical reasons.
These provisions aim to ensure the continuity and reliability of monitoring data used in water resource management.
Monitoring parameters and regimes
Several adjustments have been made to monitoring parameters and observation regimes to improve the effectiveness of exploitation monitoring for:
- Water sluices, pumping stations, and other surface water extraction works.
- Groundwater extraction works with a capacity of 3,000 m³/day or more.
Additional provisions on declaration, registration, and licensing for Water exploitation
The Decree revises provisions related to cases that require or are exempt from declaration, registration, and licensing for water exploitation and use. Key changes mainly involve reservoirs and weirs; irrigation and hydropower works; forestry activities.
The Decree also introduces new provisions on validity period of licenses; principles for registration and licensing; legal grounds for granting licenses; licensing conditions. These provisions help clarify the legal basis and requirements for water resource exploitation activities:
- The Decree clearly specifies the license validity period and the number of years for each extension for surface water, seawater, and groundwater exploitation licenses.
- At the time of submitting an application for license extension, enterprises must fulfill all obligations related to the payment of water exploitation rights fees.
- The Decree also clarifies situations where a license adjustment is required when drilling a new well to replace an existing well with similar functions.
In addition, procedures for granting licenses, extending, adjusting, reissuing, suspending, or returning water exploitation licenses, as well as registration procedures for groundwater or surface water exploitation, have been amended to improve clarity and practical implementation.
Transitional Provisions
The Decree introduces several important transitional provisions:
- Administrative applications received before January 17, 2026 but not yet processed will continue to be handled under the regulations in effect at the time of submission, unless applicants request application of the new regulations.
- Applications for granting, extending, or adjusting water exploitation licenses that have been received but do not yet include dossiers for calculating water exploitation rights fees must supplement such dossiers in accordance with Decree No. 54/2024/ND-CP.
- For licenses already granted but without submitted dossiers for calculating water exploitation rights fees, enterprises must submit these dossiers before February 28, 2026.
- Licenses and official documents issued before January 17, 2026 remain valid until their stated expiry dates.
Conclusion
Decree 23/2026/ND-CP provides additional clarification and updates to regulations governing water resources management, including licensing conditions, license validity periods, and stricter requirements for monitoring data connectivity and reporting. The Decree also aligns regulatory requirements with policies on restricted or prohibited groundwater exploitation zones. As a result, it establishes a more transparent and consistent legal framework to support enterprise compliance in water resource exploitation and management.
Full text of the Decree No. 23/2026/ND-CP at the Link.
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