Procedures for preparing the groundwater protection plan in Vietnam from July 1, 2024

Procedures for preparing the groundwater protection plan 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 Minister of Natural Resources and Environment issued Circular 03/TT-BTNMT, providing detailed guidance on the implementation of several provisions of the Law on Water Resources 2023.

Requirements for groundwater protection plan in Vietnam from July 1, 2024

The groundwater protection plan in Vietnam starting from July 1, 2024, must ensure the following requirements:

- The groundwater protection plan must comply with the comprehensive planning of inter-provincial river basins; must align with the plans for the exploitation, use, protection of water resources, prevention, and mitigation of adverse impacts caused by water in provincial planning.

- It must determine the scope of areas and aquifers that are degraded, depleted, polluted, and their causes; the plan to implement solutions to delineate or remove areas from restricted or prohibited groundwater extraction zones; the plan for groundwater extraction; areas requiring artificial groundwater recharge; solutions for protecting the quality of groundwater sources. Priority is given to the protection and restoration of the main exploited aquifers and aquifers exploited for domestic water supply.

- The preparation of the groundwater protection plan must be based on the results of groundwater resource investigation and assessment; information and data from groundwater resource monitoring networks, groundwater extraction works, and other relevant information and data from the National Water Resource Information and Database System (if any).

In case the information and data are insufficient to serve as a basis for preparing the groundwater protection plan, the provincial-level People's Committee shall decide on the supplementation of groundwater resource investigation and assessment to serve the preparation of the groundwater protection plan.

- The groundwater protection plan must be consistent, feasible, and effective in implementation.

(Article 21 Circular 03/TT-BTNMT)

Procedures for preparing the groundwater protection plan in Vietnam from July 1, 2024

The preparation of the groundwater protection plan in Vietnam from July 1, 2024, will be carried out according to the following procedures:

(1) Evaluate the current status and trends of groundwater exploitation and use; the current status and trends of groundwater levels; the current status and trends of groundwater quality, saltwater intrusion; the current status and trends of land subsidence related to groundwater exploration and extraction; the causes of degradation, depletion, and pollution of aquifers in the province.

(2) Areas and aquifers that are degraded, depleted, polluted:

- Areas and aquifers where the total extraction volume has reached or exceeded 90% of the groundwater extraction threshold determined in the comprehensive planning of inter-provincial river basins.

In case there is no comprehensive planning of inter-provincial river basins or the approved comprehensive planning does not regulate groundwater extraction thresholds, it is necessary to determine areas and aquifers where the total extraction volume has reached or exceeded 90% of the extractable groundwater volume of each aquifer in each area, calculated based on the groundwater extraction limit.

- Areas and aquifers where the average water level in the six dry-season months in monitoring wells or extraction wells has reached or exceeded 95% of the groundwater extraction limit and continues to decline;

- Areas where land subsidence has occurred or is at risk of land subsidence;

- Areas and aquifers at risk of salinization; polluted with one or more of the following parameters: ammonium, nitrite, nitrate, arsenic, or other heavy metal parameters according to national technical standards on groundwater quality.

(3) Based on the degree of degradation, depletion, and pollution of groundwater sources; the demand for groundwater exploitation and use; the level of water scarcity and the orientation for exploitation, use, and protection of water resources in the comprehensive planning of inter-provincial river basins and provincial planning, a list of areas and aquifers requiring priority protection and restoration shall be established.

The list of areas and aquifers requiring priority protection and restoration must clearly show the administrative boundary, distribution area, and the causes of degradation, depletion, and pollution of groundwater sources.

(4) Identify plans and solutions for protection and restoration for each area and aquifer listed as requiring priority protection and restoration. The content of the plan includes one or more of the following:

- Areas and aquifers where groundwater extraction must be restricted or prohibited and the implementation of measures to restrict or prohibit groundwater extraction;

- Areas that need to be removed from the restricted groundwater extraction zones for provinces and centrally-run cities that have delineated restricted groundwater extraction zones;

- Areas requiring artificial groundwater recharge;

- Polluted groundwater areas that require close control over the use of fertilizers and chemicals in agricultural production; areas requiring close control over waste, pollutants, drilling, and other activities that may cause groundwater pollution;

- Propose and adjust plans for groundwater exploitation and use.

(5) Based on the characteristics of groundwater sources in each area of the province, establish other related groundwater protection requirements.

(6) Develop an implementation plan.

(Article 22 Circular 03/TT-BTNMT)

More details can be found in Circular 03/TT-BTNMT, effective from July 1, 2024.

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