Vietnam: What are the newest regulations on the restoration of deteriorated, depleted, or polluted water sources, and response to and remediation of water source pollution incidents?
- What are the newest regulations on the restoration of deteriorated, depleted or polluted water sources, and response to and remediation of water source pollution incidents in Vietnam?
- What are the instructions for response to and remediation of incidents of pollution, degradation, and depletion of water resources in Vietnam?
- What is the definition of water source pollution in Vietnam?
What are the newest regulations on the restoration of deteriorated, depleted or polluted water sources, and response to and remediation of water source pollution incidents in Vietnam?
Under the provisions of Article 34 of the Law on Water Resources 2023, the restoration of deteriorated, depleted or polluted water sources shall be carried out as follows:
(1) Make a list of deteriorated, depleted or polluted water sources to be restored;
(2) Formulate a deteriorated, depleted or polluted water source restoration plan, program or project; prioritize the restoration of rivers and river sections that are depleted, have no flow or are seriously polluted on the list of degraded, depleted, and polluted water sources to be restored; allocate resources for implementation;
(3) Adjust operating regimes, adding and upgrading water regulation and storage facilities, build dams, reservoirs, pumping stations, water conveyance facilities, carry out dredging to raise water, refill water and restore the flow, improve and enhance the capacity for flow circulation, quantity and quality of water sources, artificially recharge groundwater; eliminate environmental pollution; treat and control wastewater; circularly use water, reuse water.
According to the approved water resource-related planning, degree and scope of deterioration, depletion, and pollution of water sources in river basins, and the requirements for exploitation, use, and protection of water sources, the Ministry of Natural Resources and Environment shall preside over and cooperate with relevant ministries, ministerial agencies, and provincial People's Committees in compiling a list of deteriorated, depleted and polluted water sources to be restored; develop plans, programs and projects to restore deteriorated, depleted and polluted water sources and submit them to the Prime Minister for approval.
Ministries, ministerial agencies and provincial People's Committees that invest in projects to build dams and reservoirs in rivers on the list of water sources to be restored as prescribed in point a, clause 1 of this Article must consult with the Ministry of Natural Resources and Environment and river basin organization in the area where the project is implemented about the details on water source restoration before the competent authority approves investment guidelines or makes an investment decision.
Organizations and individuals participating in the restoration of deteriorated, depleted and polluted water sources are entitled to incentives and assistance as per Articles 73 and 74 of this Law and other relevant regulations of law.
Funding for restoring deteriorated, depleted and polluted water sources shall be covered by the state budget, state budget dedicated to economics and environmental protection, development investment capital, environment protection funds, payments made by entities causing water deterioration, depletion and pollution and other contributions from organizations and individuals.
The response to and remediation of water source pollution incidents shall comply with regulations of law on environmental protection. In the case where a transboundary water source pollution incident occurs, the following regulations shall be satisfied:
- The People’s Committee of the province which has the transboundary water source shall promptly deal with the water source pollution incident occurring in its province and report it to the Ministry of Natural Resources and Environment;
- The Ministry of Natural Resources and Environment shall preside over and cooperate with the Ministry of Foreign Affairs, Ministries, river basin organizations and agencies concerned to cooperate with a competent authority in the country where the transboundary water source pollution incident occurs to immediately adopt measures to prevent it and remedy its consequences by international laws, and international agreements and treaties to which the Socialist Republic of Vietnam is a signatory.
What are the instructions for response to and remediation of incidents of pollution, degradation, and depletion of water resources in Vietnam?
Under Article 13 of the Operation Regulation of the Command Board of Natural Disaster Prevention and Control and Search and Rescue of the Ministry of Natural Resources and Environment promulgated together with Decision 1182/QD-BTNMT in 2023, response to and remediation of incidents of pollution, degradation, and depletion of water resources in Vietnam are prescribed as follows:
- The Department of Water Resources Management shall take charge of and coordinate with the Vietnam Mekong River Committee, the National Center for Water Resources Planning and Investigation, the Institute of Water Resources Science, relevant ministries, sectors, agencies and units in, performing tasks to respond to and remedy consequences of water pollution incidents according to their competence.
Provide information on the location and area of water pollution incidents to the National Center for Hydrometeorological Forecasting to enhance hydrometeorological forecasts for the area.
- The National Center for Hydrometeorological Forecasting shall enhance hydrometeorological forecasting for the incident area in service of direction, response and overcoming consequences.
- The National Remote Sensing Administration shall coordinate with the General Department of Hydrometeorology to monitor and provide remote sensing images for incident remediation.
- The Department of Environmental Pollution Control shall coordinate with units and localities in monitoring the environmental pollution situation in the area; develop coordination plans, support local authorities to propose immediate solutions to remedy and treat pollution.
- The Institute of Water Resources Science shall provide research results, and propose measures and technologies to respond to and remedy water pollution incidents.
- The Vietnam Environmental Protection Fund coordinates with units and provincial Departments of Natural Resources and Environment to provide timely financial support for remedying incidents.
What is the definition of water source pollution in Vietnam?
Under the provisions of Clause 13, Article 2 of the Law on Water Resources 2023, “water source pollution” means an alteration in the physical, chemical or biological properties of water, making it unconformable with applicable standards and technical regulations on the environment, thus exerting adverse effects. impacts on human beings, creatures and nature.
Law on Water Resources 2023 will take effect from July 1, 2024, except for Clauses 3 and 4, Article 85 of Law on Water Resources 2023.
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