Exploitation restriction measures in areas restricted from groundwater exploitation in Vietnam

Exploitation restriction measures in areas restricted from groundwater exploitation in Vietnam (Internet image)

1. Rules for applying measures to prohibit and restrict groundwater exploitation in Vietnam

According to the provisions of Clause 2, Article 34 of Decree 53/2024/ND-CP, the rules for applying measures to prohibit and restrict groundwater exploitation:

- It is required to satisfy requirements for groundwater protection and harmonize legitimate rights and interests of related organizations and individuals;

- It is required to properly adopt measures to restrict groundwater exploitation applicable to each region, each area prohibited or restricted from groundwater exploitation and follow the sequence of applying such measures to each entity and case as prescribed in this Decree. Groundwater exploitation restriction measures other than those specified in this Decree shall not be applied;

- Priority shall be given to the supply of water for domestic use, natural disaster management and fire prevention and fighting;

- The implementation of the groundwater exploitation restriction measures shall adhere to an approved appropriate plan or roadmap without interrupting the water supply, except where an incident occurs and leads to land subsidence or an emergency arises and results in handling and sealing of wells;

- Where the application of measures to prohibit or restrict groundwater exploitation involves well sealing, regulations of the Ministry of Natural Resources and Environment on handling and sealing of unused wells shall be complied with; in case of involving the issuance, extension, adjustment, revoke and re-issuance of a water resource exploitation permit, regulations of law on water resources shall be complied with;

- The prohibition of groundwater exploitation shall apply to every organization or individual exploring and exploiting groundwater; the restriction of groundwater exploitation shall only apply to every organization or individual exploring and exploiting groundwater required to obtain the groundwater exploration permit and groundwater exploitation permit or required to register the groundwater exploitation as prescribed and shall not apply in the case of declaring exploitation and use of groundwater for domestic use by households and the activities specified in point c of this clause.

2. Exploitation restriction measures in areas restricted from groundwater exploitation in Vietnam

According to Clause 4, Article 36 of Decree 53/2024/ND-CP, exploitation restriction measures in areas restricted from groundwater exploitation in Vietnam are as follows:

- The registration and issuance of the groundwater exploration permit or groundwater exploitation permit for construction of a new groundwater exploitation structure (except for drilling for replacement of wells of the structure that has been issued with a permit according to regulations) shall not be approved and the groundwater exploitation restriction measures specified in points b, c and d of this clause shall apply to existing structures;

- In case a structure is exploiting groundwater without a groundwater exploitation permit or the registration of groundwater exploitation has not been registered, it is required to suspend the exploitation and the regulatory body shall impose penalties for the exploitation of groundwater without a permit within its power.

Wells must be sealed as prescribed in the cases specified in this point, except for the case specified in point d of Clause 4, Article 36 of Decree 53/2024/ND-CP;

- In case a structure has been issued with a permit for exploitation and use of groundwater or a groundwater exploitation permit, the exploitation shall continue until the expiry date of the permit and the issuance, extension, adjustment or re-issuance of the permit may be considered but the previously permitted exploitation capacity shall not be exceeded; in case the structure has been registered, the exploitation may continue but the registered capacity is not permitted to be increased;

- The structure which is exploiting groundwater for supply of water for domestic use required to be issued with the groundwater exploitation permit or required to be registered but not having a permit or having yet to be registered may be considered to be issued with the exploitation permit or registered if it is eligible to be issued with the permit or registered as per regulations of law on water resources;

- Regarding Restricted area 2, in case the structure has been issued with permit for exploitation and use of groundwater or groundwater exploitation permit but the pumping water level in the well does not fall into the case specified in point b clause 2 Article 33 of Decree 53/2024/ND-CP, the permit holder shall adjust the exploitation regime or reduce the exploitation capacity in such well to make it conformable with regulations on permissible pumping water level in exploitation wells.

More details can be found in Decree 53/2024/ND-CP which comes into force from July 1, 2024.

Vo Tan Dai

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