What are the regulations on determination of water source protection corridors and planting of water source protection corridor boundary markers in Vietnam from July 1, 2024?
- From July 1, 2024, What are the regulations on determination of water source protection corridors and planting of water source protection corridor boundary markers in Vietnam?
- What is the current scope of water source protection corridors for rivers, streams, canals and ditches in Vietnam?
- Vietnam: What is a water source protection corridor?
From July 1, 2024, What are the regulations on determination of water source protection corridors and planting of water source protection corridor boundary markers in Vietnam?
Pursuant to the provisions of Clause 6, Article 23 of the Law on Water Resources 2023, the determination of water source protection corridors and planting of water source protection corridor boundary markers shall be carried out as follows:
- Organizations managing and operating dams and reservoirs specified in point a clause 2 of Article 23 of the Law on Water Resources 2023; organizations assigned to manage reservoirs in rivers and streams specified in point b and lakes, ponds and lagoons specified in points c and d clause 2 of Article 23 of the Law on Water Resources 2023 shall propose water source protection corridors and seek approval therefor from the provincial People's Committee; shall plant boundary markers and transfer boundary markers to the provincial People's Committee;
- The provincial People’s Committee shall organize the determination of water source protection corridors and plant water source protection corridor boundary markers if an organization assigned to manage and operate is unavailable;
- If a dam, irrigation reservoir, canal or ditch belongs to a hydraulic structure, the scope and boundary marker of the water source protection corridor shall be determined according to the boundary marker of the hydraulic structure protection corridor.
If the determined protection corridor boundary marker of a river, stream, canal or ditch is the channel protection corridor boundary marker and dike protection corridor boundary marker, the channel protection corridor boundary marker and dike protection corridor boundary marker shall be used in accordance with regulations of law on inland waterway traffic and law on flood control system respectively;
- The provincial People’s Committee shall transfer water source protection corridor boundary markers to the district-level People’s Committee or communal People’s Committee for management and protection purposes.
From July 1, 2024, What are the regulations on determination of water source protection corridors and planting of water source protection corridor boundary markers in Vietnam? (Image from the Internet)
What is the current scope of water source protection corridors for rivers, streams, canals and ditches in Vietnam?
Pursuant to the provisions of Article 9 of Decree 43/2015/ND-CP, water source protection corridors for rivers, streams, canals and ditches have the following scope:
(1) For river, stream, canal or ditch protection corridors with the functions defined at Point a, Clause 1, Article 4 of Decree 43/2015/ND-CP, the scope of water source protection corridor is prescribed as follows:
- Not shorter than 10 m from the bank edge, for river, stream, canal or ditch sections running through urban centers or concentrated residential quarters or areas planned for construction of urban centers or concentrated residential quarters;
- Not shorter than 5 m from the bank edge, for river, stream, canal or ditch sections not running through urban centers or concentrated residential quarters;
- If the river, stream, canal or ditch sections have slid or arc in danger of slide, the People’s Committees of provinces or centrally run cities (below referred collectively to as provincial-level People’s Committees) shall base themselves on the development of flowing beds and the slide conditions to decide on the scope of protection corridors in order to ensure safety for people’s lives and property, limit the causes of bank slide, and protect the stability of the river, stream, canal or ditch banks;
- For river, stream, canal or ditch sections that have been embanked against slide and encroachment, provincial-level People’s Committees shall consider and decide on a scope of water source protection corridor smaller than the minimum scope defined at Points a and b of Clause 1, Article 4 of Decree 43/2015/ND-CP.
(2) For river, stream, canal or ditch protection corridors with the functions defined at Point b, Clause 1, Article 4 of Decree 43/2015/ND-CP, the water source protection corridors are prescribed as follows:
- Not shorter than 20 m from the bank edge, for river, stream, canal or ditch sections running through urban centers or concentrated residential quarters or areas planned for construction of urban centers or concentrated residential quarters;
- Not shorter than 15 m from the bank edge, for river, stream, canal or ditch sections not running through urban centers or concentrated residential quarters.
(3) For river, stream, canal or ditch protection corridors with the functions defined at Point c, Clause 1, Article 4 of Decree 43/2015/ND-CP, the scope of water resource protection corridors must not be smaller than 30 m from the bank edge or cover the entire submerged areas along the sides of the river, stream, canal or ditch,
(4) For river, stream, canal or ditch protection corridors with the functions defined at Point d, Clause 1, Article 4 of Decree 43/2015/ND-CP, provincial-level People’s Committees shall decide on specific scopes of water source protection corridors.
(5) In case a water source protection corridor has two or more functions, the minimum scope of the corridor shall be determined according to the function with the largest minimum scope.
(6) For the water source protection corridors defined in Clauses 1, 2, 3 and 4 of Article 4 of Decree 43/2015/ND-CP with dykes, railways, roads or other infrastructure facilities built nearby the river, stream, canal or ditch sections, the maximum scope of these water source protection corridors must not transcend the boundary of the dyke protection corridors close to the river or of the safety corridor of such facilities close to the bank.
(7) For canals or ditches within the irrigation systems, the protection corridors shall be established and managed under the law on the protection of irrigation works.
(8) For rivers, streams, canals and ditches located within nature conservation zones or within the protection scope of historical or cultural relics, the laws on nature conservation and protection of historical and cultural relics shall be complied with.
Vietnam: What is a water source protection corridor?
Based on the provisions of Article 23 of the Law on Water Resources 2023, a water source protection corridor shall be established to maintain the bank stability, prevent and combat the encroachment upon land along the water source; to prevent and combat activities threatening to pollute and deteriorate the water source; to maintain the development of aquatic ecosystems, flora and fauna along the water source; to protect and preserve religious activities, practices of folk beliefs, cultural values and biodiversity, maintain the development of tourism in relation to the water source.
The Law on Water Resources 2023 comes into force from July 1, 2024 except for Clauses 3 and 4, Article 85 of the Law on Water Resources 2023.
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