Guidelines for establishing and managing water source protection corridors in Vietnam

Guidelines for establishing and managing water source protection corridors in Vietnam (Image from the Internet)

On September 4, 2024, the Ministry of Natural Resources and Environment issued Official Dispatch 5992/BTNMT-TNN regarding the implementation and management of water source protection corridors.

Guidelines for establishing and managing water source protection corridors in Vietnam

To strengthen the management of water source protection corridors according to the legal regulations on water resources and land, the Ministry of Natural Resources and Environment respectfully requests the People's Committees of provinces and centrally-run cities (hereinafter collectively referred to as Provincial People's Committees) to direct related departments, agencies, and district-level People's Committees to urgently carry out key tasks related to the establishment and management of water source protection corridors. Specifically:

(1) For localities that have approved and announced the List of Water Source Protection Corridors: direct the construction and implementation of plans to display the scope of the water source protection corridor on cadastral maps or current land use maps as per Article 27 of Decree 53/2024/ND-CP.

In cases where the content of the List does not meet the conditions to be displayed on cadastral maps or current land use maps, review, adjust, and update the List according to the provisions of Decree 53/2024/ND-CP.

(2) For localities that are in the process of establishing or adjusting the List of Water Source Protection Corridors: urgently complete the establishment and adjustment of the List; immediately after announcing the List of Water Source Protection Corridors, implement the display of the scope of the water source protection corridor on cadastral maps or current land use maps as per the provisions of Decree 53/2024/ND-CP to determine compensation, support, and resettlement when the state recovers land according to point b clause 1 Article 97 of Decree 102/2024/ND-CP (if any).

(3) For localities that have approved plans to mark the boundary of the water source protection corridor for water sources as per Article 13 of Decree 43/2015/ND-CP dated May 6, 2015, but have not yet implemented marking: direct the review, adjustment, and update of the marking plan according to the provisions of Decree 53/2024/ND-CP.

More details can be found in Official Dispatch 5992/BTNMT-TNN dated September 4, 2024.

Water sources for which protection corridors are required in Vietnam

The water source protection corridors are established to maintain the stability of banks and prevent encroachment on land along water sources; prevent activities likely to pollute and degrade water sources; protect the development of aquatic ecosystems, natural flora, and fauna along water sources; protect, conserve religious, spiritual activities, cultural values, biodiversity, and promote tourism related to water sources.

Water sources for which protection corridors are required in Vietnam include:

(i) Dams, reservoirs for hydropower and irrigation on rivers and streams;

(ii) Lakes on rivers and streams not covered by (i);

(iii) Lakes, ponds, lagoons, and swamps listed as not to be filled;

(iv) Rivers, streams, canals, ditches considered as water supply sources, drainage axis or important for socio-economic development and environmental protection activities;

(v) Water sources that have a function to protect and conserve religious, spiritual activities, cultural, biodiversity values, and promote tourism not covered by (iii).

Note: The water source protection corridors must be announced and managed according to the provisions of Law on Water Resources 2023 and land law; for cases specified in point c clause 6 Article 23 of Law on Water Resources 2023, the implementation must comply with the legal regulations on irrigation, dyke, and inland waterway transportation.

(Clauses 1, 2, 5 Article 23 of Law on Water Resources 2023)

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