Zoned-off range of​ areas restricted from groundwater exploitation in Vietnam from July 1, 2024

Zoned-off range of​ areas restricted from groundwater exploitation in Vietnam from July 1, 2024 (Image from the Internet)

Regarding this matter, LawNet would like to answer as follows: 

On May 16, 2024, the Government of Vietnam promulgated Decree 53/2024/ND-CP detailing the implementation of certain provisions of the Law on Water Resources.

Zoned-off range of​ areas restricted from groundwater exploitation in Vietnam from July 1, 2024

Clauses 1, 2, and 3 of Article 36 of Decree 53/2024/ND-CP regulate the zoning off and applying measures in areas restricted from groundwater exploitation in Vietnam from July 1, 2024.

(1) Zoned-off range of Restricted area 1 is stipulated as follows:

- The area with ground subsidence risk has a scope not exceeding 500 m from the boundary line of the groundwater extraction prohibition zone as regulated in Clause 1, Article 35 of Decree 53/2024/ND-CP;

- The area with groundwater sources at risk of saltwater intrusion has a scope not exceeding 1,000 m from the area affected by saltwater intrusion.

(2) Zoned-off range of Restricted area 2 is stipulated as follows:

- Not exceeding 200 m from the wellhead for groundwater extraction works with a flow rate from 10 m³/day to less than 200 m³/day;

- Not exceeding 500 m from the wellhead for groundwater extraction works with a flow rate from 200 m³/day to less than 3,000 m³/day;

- Not exceeding 1,000 m from the wellhead for groundwater extraction works with a flow rate from 3,000 m³/day or more.

Besides delimiting the area around the well, the aquifer of the well or the depth of the extraction well must be determined as a basis for identifying the aquifer or extraction depth range that needs restriction.

If, in the delimitation process as regulated in this clause, there are restricted areas separated by not more than 500 m in the same aquifer or within the same extraction depth range, they should be combined into one restricted area.

(3) Zoned-off range of mixed Restricted areas is based on the comprehensive results of the delimitation of Restricted areas and areas as regulated in (1) and (2). In cases where restricted areas overlap, the overlapping area will be delimited into a mixed Restricted area.

Exploitation restriction measures in areas restricted from groundwater exploitation in Vietnam

The exploitation restriction measures in areas restricted from groundwater exploitation in Vietnam are as follows:

(i) No approval is granted for the registration, issuance of exploration permits, or groundwater extraction permits to construct new groundwater extraction works (except for replacing wells with permits as regulated) and implementing groundwater extraction restriction measures as regulated in (i), (ii), and (iii) for existing works;

(ii) If a work is currently extracting groundwater without a groundwater extraction permit or registration, it must cease extraction, and the state authorities will handle violations of unauthorized groundwater extraction as per their competence.

In cases regulated at this point, wells must be sealed according to regulations, except for cases mentioned in (iv);

(iii) If a work has a groundwater extraction and use permit or a groundwater extraction permit, it can continue until the permit expires and can be considered for renewal or adjustment, but the extraction volume cannot exceed the previously permitted volume. If the work has been registered, it can continue extraction but cannot increase the registered extraction volume;

(iv) Works extracting groundwater for domestic water supply purposes, which require a groundwater extraction permit or registration but lack one, will be considered for permit issuance or registration if they meet the conditions set forth by the water resource legislation;

(v) For Restricted area 2, if the work has a groundwater extraction and use permit or a groundwater extraction permit, but the dynamic water level in the well meets the criteria stipulated in point b, Clause 2, Article 33 of Decree 53/2024/ND-CP, the permit holder must adjust the extraction policies or reduce the extraction volume to conform to the permitted dynamic water level in the extraction well.

(Clause 4, Article 36 of Decree 53/2024/ND-CP)

More details can be found in Decree 53/2024/ND-CP which takes effect in Vietnam from July 1, 2024.

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