Guidelines for implementing the restriction of groundwater exploitation under the Law on Water Resources 2023 of Vietnam

Guidelines for implementing the restriction of groundwater exploitation under the Law on Water Resources 2023 of Vietnam (Internet image)

Guidelines for implementing the restriction of groundwater exploitation under the Law on Water Resources 2023 of Vietnam

Specifically, the Law on Water Resources 2023 was approved by the National Assembly and will take effect on July 1, 2024. Clause 5 of Article 31 of this Law stipulates that the determination of areas prohibited and restricted from groundwater exploitation must achieve harmony between the legitimate rights and interests of related organizations and individuals and such areas shall be considered and zoned off in the following areas: Areas where the groundwater level is continuously decreased and at risk of exceeding the groundwater exploitation threshold; Area where land subsidence has occurred or areas at risk of land subsidence; Areas where groundwater sources are at risk of suffering from saltwater intrusion.

The zoning, announcement, and adjustment of prohibited areas and restricted areas for groundwater exploitation are regulated by Decree 53/2024/ND-CP. According to this regulation, the designation includes Prohibited Areas, Restricted Area 1, Restricted Area 2, and Mixed Restricted Area. The designation of Restricted Area 3 (urban areas, concentrated rural residential areas, concentrated industrial areas, and craft villages with centralized water supply systems and water supply services that meet quality and quantity requirements) and Restricted Area 4 (areas with surface water sources capable of providing stable water supply for various needs) are no longer specified as per the Law on Water Resources 2012 and Decree 167/2018/ND-CP.

To implement the restriction of groundwater exploitation in a consistent and continuous manner in accordance with the provisions of laws on water resources, and to comply with the Law on Water Resources 2023, ensuring the protection of groundwater and the balance of rights and legitimate interests of relevant organizations and individuals, based on the regulations stated in point 2 of Article 39 of Decree 53/2024/ND-CP, the Ministry of Natural Resources and Environment respectfully requests the People's Committees of provinces and centrally-run cities (referred to as provincial People's Committees) to carry out the following tasks:

(1) For provinces that have approved the List, Map of Restricted Areas for groundwater exploitation, and the Implementation Plan according to the provisions of Decree 167/2018/ND-CP:

Direct the Department of Natural Resources and Environment to review and submit to the provincial People's Committee for the issuance of decisions to remove Restricted Area 3, Restricted Area 4, and adjust the Implementation Plan for the restriction of groundwater exploitation to ensure compliance with the law. These decisions must be completed and announced before July 1, 2024, to implement them in parallel with the effective dates of the Law on Water Resources 2023 and Decree 53/2024/ND-CP.

Report the removal of restricted areas and adjustment of the Implementation Plan for the restriction of groundwater exploitation to the Ministry of Natural Resources and Environment before July 1, 2024. Additionally, instruct the Department of Natural Resources and Environment to develop and implement a plan to protect groundwater within the province.

(2) For provinces that have not yet approved the List and Map of Restricted Areas for groundwater exploitation according to the provisions of Decree 167/2018/ND-CP: direct the Department of Natural Resources and Environment to develop and approve a Plan to protect groundwater within the province according to the regulations stated in item 7 of Article 31 of the Law on Water Resources 2023 and the guidance provided in Circular 03/2024/TT-BTNMT.

Based on the approved Plan to protect groundwater, organize the zoning and announcement of prohibited areas and restricted areas for groundwater exploitation (if included in the approved Plan) according to the regulations specified in Articles 33, 34, 35, 36, 37, 38, and 39 of Decree 53/2024/ND-CP.

More details can be found in Official Dispatch 3201/BTNMT-TNN, dated May 20, 2024.

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