Requirements on activities within the water source protection corridors in Vietnam

Requirements on activities within the water source protection corridors in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. What is protection corridor of water source?

According to Clause 22, Article 2 of the Law on Water Resources 2012, protection corridor of water source means the limited land part being along water source or surrounding it defined by competent state agencies.

2. Requirements on activities within the water source protection corridors in Vietnam

Requirements on activities within the water source protection corridors are prescribed as follows:

(1) Organizations, individuals and households living and carrying out production, business and service activities within the scope of water resource protection corridors must satisfy the following requirements:

- Not causing river, stream, canal, ditch or reservoir bank slide or seriously affecting or threatening the stability and safety of rivers, streams, canals, ditches or reservoirs;

- Not affecting the water source protection corridors’ functions already approved by competent state agencies;

- Not causing adverse impacts on the landscape and ecological environment within the scope of water source protection corridors;

- Applying measures to protect the water resources as prescribed by law

(2) Written agreement of provincial-level Departments of Natural Resources and Environment on impacts on the functions of water source protection corridors shall be obtained when carrying out the following activities within the scope of water source protection corridors:

- Constructing warehouses, storage yards, wharves, ports, bridges, roads, underground facilities and other infrastructure facilities;

- Leveling, filling up and embanking rivers, streams, ditches, irrigation and hydroelectric reservoirs, natural lakes, man-made lakes, excluding the construction of urgent works for natural disaster prevention, control or remedy;

- Drilling, digging for geological investigation or survey, mineral exploration and exploitation, treatment of foundations of construction works, and mine drainage;

- Exploiting minerals and building materials.

(Article 15 of Decree 43/2015/ND-CP)

3. Functions of water source protection corridors in Vietnam 

Pursuant to Clause 1, Article 4 of Decree 43/2015/ND-CP, a water source protection corridor shall be established to perform the following functions:

- To protect the bank stability and prevent and combat the encroachment upon land around water sources;

- To prevent and combat activities threatening to pollute and degrade water sources;

- To protect, conserve and develop the aquatic ecological system and natural animal and plant species adjacent to water sources;

- To create space for cultural, sports, entertainment and recreation activities, preserving and developing the historical, cultural, tourist and belief values related to water sources.

* Note: The water source protection corridor’s functions shall be expressed in the list of water sources for which water source protection corridors shall be established and used as a basis for identification of the scope of water source protection corridors under Decree 43/2015/ND-CP.

4. Prohibited acts within water source protection corridors in Vietnam

Prohibited acts within water source protection corridors include:

- Acts that threaten to cause or cause the decrease of the function of water source protection corridors; cause river, stream, canal, ditch or reservoir bank slide, or seriously affect or threaten the stability and safety of rivers, streams, canals, ditches or reservoirs.

- Encroaching upon, illegally using land within water source protection corridors; using land at variance with approved land use purposes.

- Constructing or expanding contagious disease hospitals or clinics, cemeteries, waste dumping sites, toxic chemical factories, and production or processing facilities with hazardous wastewater.

(Article 6 of Decree 43/2015/ND-CP)

Nguyen Thi Hoai Thuong

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE