Circular No. 03/2024/TT-BTNMT detailing the implementation of certain provisions of the Law on Water Resources

CIRCULAR
Detailed Implementation of Certain Provisions of the Water Resources Law

------------------------------

Pursuant to the Law on Water Resources dated November 27, 2023;

Pursuant to Decree No. 68/2022/NĐ-CP dated September 22, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the Director of the National Water Resources Management Agency;

The Minister of Natural Resources and Environment promulgates this Circular to provide detailed implementation of certain provisions of the Water Resources Law.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides detailed implementation of Clause 4 Article 22, Clause 9 Article 24, Point b Clause 2 Article 26, Clause 8 Article 31, and Clause 3 Article 39 of the Water Resources Law concerning functional zoning of surface water sources; determining and adjusting minimum flow; identifying and organizing the announcement of protected sanitary zones for water supply areas; protecting groundwater during activities specified in Clause 2 Article 31 of the Water Resources Law; establishing and adjusting plans for groundwater protection; supplementing artificial groundwater.

Article 2. Applicability

This Circular applies to agencies, organizations, communities, households, and individuals engaged in activities related to the contents stipulated in Article 1 of this Circular within the territory of the Socialist Republic of Vietnam.

Chapter II
FUNCTIONAL ZONING OF SURFACE WATER SOURCES; IDENTIFYING AND ORGANIZING THE ANNOUNCEMENT OF PROTECTED SANITARY ZONES FOR WATER SUPPLY AREAS

Section 1
FUNCTIONAL ZONING OF SURFACE WATER SOURCES

Article 3. Principles of Functional Zoning of Water Sources

1. Ensuring systematicity within river basins, consistent with provincial administrative boundaries.

2. Consistent with the current status of water resource exploitation and utilization, and the demand for water exploitation and utilization determined in water resources planning, regional planning, provincial planning, and technical and specialized planning involving water resource exploitation and utilization.

3. The functional zoning of water sources must be comprehensively considered regarding the value and benefits provided by the water source, the priority level for protection, and the convenience in implementing requirements for water source protection.

4. Balancing interests in water resource exploitation and utilization, discharging wastewater into water sources among regions, localities, upstream and downstream areas, and different water users; ensuring efficient water resource exploitation and utilization, maintaining normal development of aquatic ecosystems.

Article 4. Procedure for Implementing Functional Zoning of River, Stream, Canal, Ditch, and Creek Water Sources

Functional zones of river, stream, canal, ditch, and creek water sources are defined for each section of river, stream, canal, ditch, and creek and have one or more functions as prescribed in Clause 4 of this Article. The procedure for functional zoning of river, stream, canal, ditch, and creek water sources is as follows:

1. Information and data for functional zoning of water sources:

a) Current status and demand for water resource exploitation and utilization for purposes such as: domestic use; agricultural production; aquaculture; industrial production; business and services; tourism; hydropower; inland waterway transportation, and other activities related to water sources;

b) Current status of aquatic ecosystems;

c) Capacity to meet quantity and quality requirements of water sources;

d) Areas of water sources with religious, cultural, and tourism activities; the role and importance of water sources in protecting, preserving religious and cultural activities, cultural values, tourism development, creating landscapes, environment, and livelihoods of people;

đ) Areas of water sources with flood storage and drainage functions;

e) Areas of water sources with plans and measures for water source protection, improvement, and restoration.

2. Determining locations and areas for functional zoning of water sources:

a) Locations of inflow and outflow points; provincial administrative boundaries; national border lines;

b) Locations of water resource exploitation and utilization facilities, wastewater discharge facilities, hydropower and irrigation reservoirs, water regulation facilities; locations and areas of business and service activities; areas of inland waterway transportation activities;

c) Areas planned for water resource exploitation and utilization facilities as determined in water resources planning, regional planning, provincial planning, and technical and specialized planning involving water resource exploitation and utilization;

d) Locations and areas of religious, cultural, historical-cultural relic, scenic spot, nature reserve, biodiversity conservation area, important ecological landscape, and high biodiversity areas related to river, stream, canal, ditch, and creek water sources;

đ) Flood storage and drainage areas.

3. Segmenting rivers, streams, canals, ditches, and creeks:

a) Segmenting rivers, streams, canals, ditches, and creeks to implement functional zoning of water sources;

b) Segmenting rivers, streams, canals, ditches, and creeks based on: characteristics of water sources; current water quality status; purposes of water use and related activities; requirements for water source protection, improvement, and restoration.

4. Determining the function of each section of river, stream, canal, ditch, and creek, as follows:

a) Based on the information and data as prescribed in Clause 1 of this Article and the locations determined as prescribed in Clause 2 of this Article to determine the functions of water sources as prescribed in Clause 1 of Article 22 and Clause 1 of Article 28 of the Water Resources Law for each section of river, stream, canal, ditch, and creek;

b) For sections of river, stream, canal, ditch, and creek where, at the time of functional zoning, there are no water resource exploitation and utilization activities or no demand for water exploitation and utilization in water resources planning, regional planning, provincial planning, and technical and specialized planning related to them, the function of the water source is determined to be the protection of the development of aquatic ecosystems, creating landscapes, and environment.

Article 5. Determination of the water source function of lakes, ponds, swamps, and reservoirs

1. The water source function of lakes, ponds, swamps, and reservoirs shall be determined for the entire surface area of the lake, pond, swamp, or reservoir, and shall have the functions prescribed in Clause 1 of Article 22 and Clause 1 of Article 28 of the Water Resources Law.

2. Based on the information and data provided for determining the water source function as stipulated in Clause 1 of Article 4 of this Circular to determine the water source functions for each lake, pond, swamp, and reservoir.

Article 6. Requirements for the results of functional zoning of water sources

1. The results of functional zoning of water sources for rivers, streams, canals, ditches, and creeks must be compiled and listed in a directory. Each section of river, stream, canal, ditch, or creek that has been zoned for its water source function must include the following main contents:

a) Name of the river, stream, canal, ditch, or creek; name of the river basin;

b) Length, administrative location, coordinates of the starting point and endpoint of the section of river, stream, canal, ditch, or creek that has been zoned for its water source function (VN2000 coordinate system, zone 3 projection);⁰);

c) Water source function of the section of river, stream, canal, ditch, or creek.

2. The results of functional zoning of water sources for lakes, ponds, swamps, and reservoirs must be listed in a directory and must include the following main contents:

a) Name of the lake, pond, swamp, or reservoir; representative coordinates for the location of the lake, pond, swamp, or reservoir (VN2000 coordinate system, zone 3 projection), administrative location; name of the organization or individual managing and operating (if applicable). For hydropower and irrigation reservoirs on rivers or streams, specify the name of the river or stream;⁰), administrative position; name of organization or individual managing and operating (if any). For reservoirs for hydropower and irrigation on rivers or streams, specify the name of the river or stream;

b) Surface area of the lake, pond, swamp, or reservoir that has been determined for its water source function;

c) Water source function of the lake, pond, swamp, or reservoir.

3. The results of functional zoning of water sources must be updated into the National Water Resources Information System and database.

Article 7. Organization of functional zoning of water sources, approval, and announcement of water source functions

1. In cases where the functional zoning of surface water sources is carried out within the integrated river basin planning across provinces or within provincial planning, the approval and announcement of water source functions shall be conducted within the procedures and formalities for approving and announcing the planning.

2. In cases where the Ministry of Natural Resources and Environment, or the People's Committee of a province determines and announces the water source functions of surface water sources according to Clause 5 of Article 22 of the Water Resources Law, the organization of functional zoning of water sources, approval, and announcement of water source functions shall be implemented as follows:

a) The Ministry of Natural Resources and Environment shall direct the Water Resources Management Agency to cooperate with the Department of Natural Resources and Environment, and relevant agencies to determine and zone the functions for inter-provincial surface water sources, international surface water sources, and seek opinions from the Ministries of Industry and Trade, Agriculture and Rural Development, Transport, Construction, Culture, Sports and Tourism, the People's Committees of provinces, river basin organizations (if any), and other relevant agencies regarding the results of functional zoning of water sources.

Based on the feedback, the Water Resources Management Agency will compile, incorporate, explain, and complete the dossier to submit to the Minister of Natural Resources and Environment for review and approval;

b) The People's Committee of a province shall direct the Department of Natural Resources and Environment to organize the determination and zoning of functions for intra-provincial surface water sources and seek opinions from the Departments of Industry and Trade, Agriculture and Rural Development, Transport, Construction, Culture, Sports and Tourism, the People's Committees of districts, and other relevant agencies regarding the results of functional zoning of water sources.

Based on the feedback, the Department of Natural Resources and Environment will compile, incorporate, explain, and complete the dossier to submit to the People's Committee of the province for review and approval;

c) Within 14 days from the date of approval of the functional zoning of water sources, the Ministry of Natural Resources and Environment, or the People's Committee of a province, depending on their authority, shall announce and publish the decision approving the functional zoning of water sources on the Ministry of Natural Resources and Environment's electronic portal or the People's Committee of the province's website.

Section 2
DETERMINATION AND ORGANIZATION OF THE ANNOUNCEMENT OF SANITARY PROTECTION ZONES FOR WATER SUPPLY AREAS

Article 8. Principles for Determining the Sanitary Protection Zone for Areas Supplying Domestic Water

1. Ensuring prevention and reduction of negative impacts on water quality from water extraction works for domestic use and other functions of the water source.

2. Being consistent with topography, geology, hydrogeology, flow regime, characteristics of the water source, scale of extraction, layout of works, and other features related to protecting the quality of domestic water sources.

3. Being consistent with the current land use status and socio-economic development activities in areas where water extraction works for domestic use are located.

Article 9. Cases Requiring Determination and Announcement of the Sanitary Protection Zone for Areas Supplying Domestic Water

Water extraction works supplying water for domestic use or for multiple purposes including domestic use (hereinafter referred to as water extraction works for domestic use) of production, business, and service establishments must determine and announce the sanitary protection zone for areas supplying domestic water, including:

1. Surface water extraction works with a scale of over 100 m3/day-night.

2. Groundwater extraction works with a scale of over 10 m3/day-night.

Article 10. Scope of the Sanitary Protection Zone for Areas Supplying Domestic Water of Surface Water Extraction Works

1. The scope of the sanitary protection zone for areas supplying domestic water of surface water extraction works on rivers, streams, canals, ditches, and creeks for domestic use is the upstream and downstream areas from the location of the water extraction work (including the entire area within the water source protection corridor of the river, stream, canal, ditch, or creek that the work extracts), defined as follows:

a) In cases where the water extraction work has a scale of over 100 m3/day-night up to less than 50,000 m3/day-night, the scope of the sanitary protection zone for areas supplying domestic water shall not be less than 1,000 meters upstream and not less than 100 meters downstream for mountainous areas; not less than 800 meters upstream and not less than 200 meters downstream for plain and midland areas;

b) In cases where the water extraction work has a scale of 50,000 m3/day-night or more, the scope of the sanitary protection zone for areas supplying domestic water shall not be less than 1,500 meters upstream and not less than 100 meters downstream for mountainous areas; not less than 1,000 meters upstream and not less than 200 meters downstream for plain and midland areas.

2. The scope of the sanitary protection zone for areas supplying domestic water of surface water extraction works from reservoirs and dams for domestic use is calculated from the location of the water extraction work and defined as follows:

a) Not less than 1,500 meters from the location of the water extraction work for cases where the water extraction work is from a reservoir or dam on a river or stream and does not exceed the boundary of the water source protection corridor of the reservoir and the protected area of the dam;

b) The entire reservoir area for cases where the water extraction work is from a reservoir other than those specified in point a of this clause.

Article 11. Scope of the Sanitary Protection Zone for Areas Supplying Domestic Water of Groundwater Extraction Works

1. For groundwater extraction works in pressurized aquifers, the scope of the sanitary protection zone for areas supplying domestic water is determined for each extraction well and shall not be less than 3 meters from the wellhead.

2. For groundwater extraction works in unpressurized aquifers, the scope of the sanitary protection zone for areas supplying domestic water is determined for each extraction well and shall not be less than 20 meters from the wellhead.

Article 12. Determination, Approval, and Announcement of the Sanitary Protection Zone for Water Intake Areas for Domestic Use

1. During the process of preparing the application dossier for obtaining a water resource exploitation permit, the investor organizations and individuals managing and operating water extraction works shall propose specific boundaries for the sanitary protection zone for water intake areas for domestic use based on the provisions of Articles 10 and 11 of this Circular to be included in the application dossier for the water resource exploitation permit.

2. In cases where the boundaries of the sanitary protection zone for water intake areas for domestic use lie within the territory of one province:

a) Based on the proposed boundaries of the sanitary protection zone for water intake areas for domestic use by the organizations and individuals as stipulated in Clause 1 of this Article and the current land use status, the Department of Natural Resources and Environment at the location of the work shall determine the boundaries of the sanitary protection zone for water intake areas for domestic use of the work;

b) Within 42 days from the date of receipt of the water resource exploitation permit, the Department of Natural Resources and Environment shall submit to the People's Committee of the province for approval the boundaries of the sanitary protection zone for water intake areas for domestic use of the work.

3. In cases where the boundaries of the sanitary protection zone for water intake areas for domestic use lie within the territories of two provinces or centrally governed cities or more:

a) Based on the proposed boundaries of the sanitary protection zone for water intake areas for domestic use by the organizations and individuals as stipulated in Clause 1 of this Article and the current land use status, the Department of Natural Resources and Environment at the location of the water extraction work shall take the lead and coordinate with the Departments of Natural Resources and Environment of the relevant provinces to unify the boundaries of the sanitary protection zone for water intake areas for domestic use of the work;

b) Within 42 days from the date of receipt of the water resource exploitation permit, the Department of Natural Resources and Environment at the location of the water extraction work shall send the plan regarding the unified boundaries of the sanitary protection zone for water intake areas for domestic use as prescribed in point a of this clause to the National Water Resources Management Agency for review and submission to the Ministry of Natural Resources and Environment for approval.

4. The decision approving the boundaries of the sanitary protection zone for water intake areas for domestic use shall include the following main contents: name of the water extraction work; source of water extracted; scale of the water extraction work; location of extraction; boundaries of the sanitary protection zone for water intake areas for domestic use of the water extraction work.

5. Within 42 days from the date of the decision approving the boundaries of the sanitary protection zone for water intake areas for domestic use, the People's Committee of the relevant province shall direct the Department of Natural Resources and Environment to organize the announcement on mass media, local electronic information websites, and send it to the People's Committees of the relevant districts to organize the determination of the boundaries of the sanitary protection zone for water intake areas for domestic use on-site.

Article 13. Organization of Determining the Boundaries of the Sanitary Protection Zone for Water Intake Areas for Domestic Use on-site

1. In cases where the boundaries of the sanitary protection zone for water intake areas for domestic use lie within the territory of one province:

Within 42 days from the date of receipt of the decision approving the boundaries of the sanitary protection zone for water intake areas for domestic use, the People's Committee of the district shall notify the plans for determining the boundaries of the sanitary protection zone on-site to the People's Committees of the communes within the scope of the sanitary protection zone and the investor organizations and individuals managing and operating the water extraction works to cooperate in implementing the determination of the boundaries and placement of signs indicating the sanitary protection zone for water intake areas for domestic use on-site.

After completing the determination of the boundaries of the sanitary protection zone for water intake areas for domestic use on-site, the People's Committee of the district shall notify the Department of Natural Resources and Environment about the completion results.

2. In cases where the boundaries of the sanitary protection zone for water intake areas for domestic use lie within the territories of two provinces or centrally governed cities or more, the organization of determining the boundaries of the sanitary protection zone on-site shall be carried out according to the provisions of Clause 1 of this Article within each province or centrally governed city.

After completing the determination of the boundaries of the sanitary protection zone for water intake areas for domestic use on-site, the People's Committee of the district shall notify the Department of Natural Resources and Environment and the National Water Resources Management Agency about the completion results.

Article 14. Responsibilities of agencies, organizations, and individuals related to the protected area for water supply zones

1. Organizations, individuals, and households residing, engaging in production, business, and services within the scope of the protected area for water supply zones must comply with regulations on water source protection corridors, surface water resource protection, underground water resource protection according to laws on water resources, environmental protection laws, and other relevant laws.

2. Organizations and individuals investing, managing, and operating water extraction works have the responsibility to install and maintain warning signs indicating the protected area for water supply zones for their works; protect the water sources they directly extract and use; monitor and supervise activities within the protected area for water supply zones of their works.

In case of detecting actions causing pollution or posing a risk of pollution, failing to ensure safety for water extraction from the work and other violations of water resources laws within the protected area for water supply zones of the water extraction work, they must promptly prevent such actions and report immediately to the nearest local authority for handling.

3. The People's Committee of the province directs the People's Committees of districts and communes to perform the following tasks: determine the boundaries of the protected area for water supply zones on-site; inspect, check, and supervise activities within the protected area for water supply zones of water extraction works in their jurisdiction; receive information and resolve issues arising in relation to the protected area for water supply zones of water extraction works in their jurisdiction according to their authority.

Chapter III
DETERMINATION AND ADJUSTMENT OF MINIMUM FLOW

Article 15. Requirements for minimum flow value

1. Minimum flow on rivers, streams, and downstream of dams, reservoirs has a value ranging from the smallest monthly flow rate to the average flow rate of the three smallest months (m3/s).

If there are requirements different from the above flow rates, then the minimum flow value at each location must be determined based on the provisions of Clause 4, Article 24 of the Water Resources Law, but the maximum increase shall not exceed the dry season average flow rate and must be consistent with the actual capacity of the water source, the dam's or reservoir's water regulation capability; the maximum decrease shall not exceed 50% of the smallest monthly flow rate, but must ensure safe water supply, social welfare, environment, and aquatic ecosystem.

2. Based on the requirements for minimum flow rates on rivers, streams, and downstream of dams, reservoirs stipulated in Clause 1 of this Article, the determination of minimum flow must comprehensively consider all principles and bases prescribed in Clauses 3 and 4 of Article 24 of the Water Resources Law to select the appropriate minimum flow value at each location.

3. Depending on the requirements for water extraction and usage regimes and the operational capabilities of dams, reservoirs, regulating works, the minimum flow value at each location may be considered and determined correspondingly for each period, time of the year.

The minimum flow at each location must meet the requirements for usage regimes and times downstream, ensuring system integrity within the same river or stream system.

4. For saltwater barrier dams, flood control dams, and coastal river mouth dams, the competent authority responsible for registering and issuing permits for surface water extraction decides on the necessity of maintaining minimum flow.

Article 16. Determination of Minimum Flow Position

1. For rivers and streams:

a) The position for determining the minimum flow on rivers and streams shall be determined at one or several specific locations, including: upstream positions before the confluence with other rivers or streams; positions at hydrological stations or water resource monitoring stations;

b) In addition to the positions specified in point a of this clause, where there are specific requirements for flow to ensure activities related to water exploitation and utilization; cultural, sports, and tourism activities; requirements for preventing degradation and restoring water sources; or requirements for protecting aquatic ecosystems, conserving biodiversity, and economically valuable aquatic species on one or more sections of rivers or streams, the competent state management agency on water resources, as stipulated in Clause 6 and Clause 7 of Article 24 of the Water Resources Law, shall consider and decide to select additional positions for determining the minimum flow.

2. For dams and reservoirs:

a) The position for determining the minimum downstream flow from dams and reservoirs shall be immediately downstream of the dam;

b) For dams and reservoirs that exploit water in a way that interrupts river or stream flow, depending on the scale, regulation capacity of the reservoir, impact range of the project, flow regime requirements on the river or stream, and water exploitation and utilization requirements downstream of the dam or reservoir, in addition to the position for determining the minimum flow specified in point a of this clause, consideration shall be given to determining the minimum flow at the position immediately downstream of the facility returning flow to the river or stream;

c) Dams and reservoirs on rivers or streams with water exploitation scales requiring registration and water resource exploitation permits under the law on water resources must arrange facilities for discharging minimum flows, ensuring sufficient discharge capacity to meet the requirements set forth in Clause 1 of Article 15 of this Circular, except in cases where dams and reservoirs have been put into operation and cannot adjust or supplement facilities for discharging minimum flows.

Article 17. Methods for Calculating Flow Characteristics to Determine Minimum Flows

1. Flow characteristics calculated at each position for determining the minimum flow include:

a) Monthly flow distribution throughout the year;

b) Annual flow characteristics;

c) Dry season flow characteristics (minimum monthly flow, average minimum monthly flow, average minimum three-monthly flow, and dry season average flow).

2. Based on existing meteorological and hydrological observation data and the characteristics of the watershed, the determination of flow characteristics shall be carried out using one of the following methods:

a) Where there is a hydrological station or water resource monitoring station, or a multi-year regulated reservoir (hereinafter referred to as a hydrological observation station) on the river or stream with a hydrological observation data series of 20 years or more, and the difference in watershed area between the hydrological station and the watershed area at the location where the minimum flow needs to be determined does not exceed 10%, then the correlation relationship (based on the ratio of annual rainfall and watershed area) with the flow data of the hydrological observation station shall be used to determine it;

b) Where there is a hydrological observation station on the river or stream with a hydrological observation data series of 20 years or more but the difference in watershed area between the hydrological station and the watershed area at the location where the minimum flow needs to be determined exceeds 10%, or the hydrological observation data series is less than 20 years, or there is no hydrological observation station on the river or stream, then one of the following methods shall be considered and selected:

Watershed similarity method with a hydrological station having a data series of 20 years or more if the difference in area between the two watersheds does not exceed five (05) times and the two watersheds are similar in basic conditions forming flow and synchronous flow fluctuations.

Correlation relationship between annual rainfall and annual flow.

Hydrological and hydraulic mathematical model method.

Other appropriate methods based on the hydrological characteristics and meteorological and hydrological data conditions of the region.

3. Where there are multiple positions for determining the minimum flow on the same river or stream system using different methods, the values of flow characteristics shall be reviewed and adjusted to ensure systematic consistency.

4. For dams and reservoirs on rivers or streams that require registration for water exploitation according to the law on water resources, in addition to the methods prescribed in Clause 2 of this Article, the correlation method (based on the ratio of watershed area) with the flow data of the hydrological station or the correlation with the minimum flow value of another permitted dam or reservoir in the same watershed or based on operational data of the facility may also be used to determine the minimum flow value.

Article 18. Requirements for Information, Data, and Results of Determining Minimum Flow

1. Information and data for evaluating and determining minimum flow must ensure reliability and be consistent with the applicable methods.

In cases where hydrological observation data has been affected by the regulation of water control structures on rivers and streams, such data must be restored before being used for calculation and evaluation.

2. The results of calculating the characteristics of flow, and selecting the minimum flow value at each location must be substantiated and clearly explained to meet the requirements stipulated in Article 15 of this Circular and the following contents:

a) Regarding the selection of location;

b) Regarding the selection of calculation method;

c) Compliance with water exploitation and utilization requirements concerning discharge, water level, and flow regime over time, as well as the reservoir's regulation capacity.

3. The results of determining the minimum flow on rivers and streams must be compiled into a diagram and list including the following main contents:

a) Name of river or stream within the watershed;

b) Location of determining minimum flow: coordinates, administrative location;

c) Value of minimum flow.

4. For dams and reservoirs, the minimum flow value downstream of the dam or reservoir shall be specified in the surface water exploitation permit or confirmation of surface water exploitation registration, including information about the location (coordinates, administrative location) and the minimum flow value.

Article 19. Approval and Publication of Minimum Flow

1. In cases where the minimum flow is implemented in the integrated watershed planning of multiple provinces or provincial planning, the publication of minimum flow shall be carried out during the approval and publication process of the plan.

2. In cases where the Ministry of Natural Resources and Environment, Provincial People's Committee determines and publishes the minimum flow according to the provisions of Clause 6, Clause 7, Article 24 of the Water Resources Law, the approval and publication of the minimum flow shall be conducted as follows:

a) For rivers and streams:

The Ministry of Natural Resources and Environment directs the National Water Resources Management Agency to organize investigations, evaluations, and solicit opinions from relevant ministries: Industry and Trade, Agriculture and Rural Development, Transport, Construction, Culture, Sports and Tourism, Provincial People's Committees, river basin organizations (if any), and related agencies and units regarding the minimum flow on inter-provincial and international rivers (within Vietnam).

Based on feedback, the National Water Resources Management Agency will compile, incorporate, explain, and complete the dossier for submission to the Minister of Natural Resources and Environment for consideration and approval, and organize the publication of the minimum flow.

The Provincial People's Committee directs the Department of Natural Resources and Environment to organize investigations, evaluations, and solicit opinions from relevant departments: Industry and Trade, Agriculture and Rural Development, Transport, Construction, Culture, Sports and Tourism, and related departments and agencies regarding the minimum flow on intra-provincial rivers and streams; compile the opinions of these departments and agencies and submit them to the Ministry of Natural Resources and Environment (through the National Water Resources Management Agency) for comments.

Based on feedback, the Department of Natural Resources and Environment will compile, incorporate, explain, and complete the dossier for submission to the Provincial People's Committee for consideration and approval of the minimum flow and organization of its publication.

The dossier for soliciting opinions includes: draft Decision on Approval accompanied by the list of minimum flows on rivers and streams, report explaining the determination of minimum flows, and diagram of minimum flows of the river and stream system.

Within 14 days from the date of approval of the minimum flow on rivers and streams, the Ministry of Natural Resources and Environment, or the Provincial People's Committee, depending on their authority, shall publish and post the decision approving the minimum flow along with the list of minimum flows on rivers and streams on the Ministry of Natural Resources and Environment's electronic portal or the Provincial People's Committee's website.

b) For dams and reservoirs:

The dam owner, reservoir management organization, or individual responsible for managing and operating the dam or reservoir shall propose the minimum flow value downstream of the dam or reservoir they have invested in, managed, and operated in the declaration form, application dossier for surface water exploitation permit according to the laws on natural resources, and obtain approval from the competent authority as stipulated in Point b Clause 6, Point b Clause 7, Article 24 of the Water Resources Law in the surface water exploitation and use permit or confirmation of surface water exploitation and use registration.

Every six months, the Ministry of Natural Resources and Environment, or the Provincial People's Committee, depending on their authority, shall direct the compilation of the approved minimum flow values downstream of dams and reservoirs to issue decisions for publication and posting on the Ministry of Natural Resources and Environment's electronic portal or the Provincial People's Committee's website.

Article 20. Review and Adjustment of Minimum Flow

Clause 1. The review and adjustment of minimum flow shall be carried out in accordance with the provisions of Clause 9, Article 24 of the Water Resources Law. The competent authority approving the minimum flow decides on the review and adjustment of the minimum flow value.

Clause 2. Organizations and individuals managing and operating dams and reservoirs in accordance with Point b, Clause 1, Article 24 of the Water Resources Law propose adjustments to the minimum flow downstream of the dam or reservoir, which must be reflected in the registration form or application for issuance or adjustment of surface water exploitation permits, and submitted to the competent authority specified in Point b, Clause 6, and Point b, Clause 7, Article 24 of the Water Resources Law for consideration and approval during the process of confirming registration and issuing permits.

Clause 3. The adjustment of the minimum flow shall be conducted in accordance with the provisions on determining, approving, and announcing the minimum flow set forth in this Circular.

Chapter IV
PROTECTION OF GROUNDWATER

Section 1
GROUNDWATER PROTECTION PLAN

Article 21. Requirements for the Groundwater Protection Plan

Clause 1. The groundwater protection plan must be consistent with the integrated river basin planning for inter-provincial rivers; it must align with the plans for groundwater extraction, utilization, protection, prevention, and mitigation of water-related hazards as stipulated in provincial planning.

Clause 2. Identify the scope of areas and aquifers suffering from depletion, exhaustion, pollution, and their causes; organize implementation measures for delineation or exclusion from restricted or prohibited extraction zones; groundwater extraction plans; areas requiring artificial groundwater recharge; measures to protect groundwater quality. Prioritize the protection and recovery of primary aquifers and those supplying drinking water.

Clause 3. The preparation of the groundwater protection plan must be based on the results of groundwater resource surveys and assessments; monitoring data from the groundwater resource monitoring network, at groundwater extraction facilities, and other relevant information and data from the National Water Resources Information System and Database (if available).

In cases where the information and data are insufficient to serve as a basis for the preparation of the groundwater protection plan, the People's Committee of the province shall decide on supplementing the work of surveying and assessing groundwater resources to support the preparation of the groundwater protection plan.

Clause 4. The groundwater protection plan must be comprehensive and compatible with available resources and implementation measures; ensuring feasibility and effectiveness in implementation.

Article 22. Contents of the Groundwater Protection Plan

Clause 1. Objectives of the groundwater protection plan.

Clause 2. Current status of groundwater sources and the situation of groundwater pollution, depletion, and exhaustion.

Clause 3. Areas and aquifers suffering from depletion, exhaustion, and pollution; the list of priority areas and aquifers for recovery shall be determined in accordance with Clause 3, Article 23 of this Circular.

Clause 4. Measures and solutions for protecting and recovering areas and aquifers shall be determined in accordance with Clause 4, Article 23 of this Circular.

Clause 5. Other related groundwater protection contents (if applicable).

6. Implementation.

Article 23. Procedures for Establishing Underground Water Protection Plans

1. Assess the current status, trends in the exploitation and use of underground water; the current status and trends in underground water levels; the current status and trends in underground water quality, saltwater intrusion; the current status and trends in land subsidence related to underground water exploration and exploitation; causes leading to the degradation, depletion, and pollution of underground water layers within the provincial territory.

2. Areas and underground water layers that have degraded, depleted, or polluted:

a) Areas and underground water layers where the total volume of exploitation has reached or exceeded 90% of the threshold for underground water exploitation determined in the integrated river basin planning for inter-provincial rivers.

In cases where there is no integrated river basin planning for inter-provincial rivers or such planning has been approved but does not specify the threshold for underground water exploitation, areas and underground water layers where the total volume of exploitation has reached or exceeded 90% of the exploitable volume of each underground water layer in each area, calculated based on the extraction water level limit shall be identified.

b) Areas and underground water layers where the average water level during the six-month dry season in monitoring wells or exploitation wells has reached or exceeded 95% of the extraction water level limit and shows a continuing downward trend;

c) Areas where land subsidence or the risk of land subsidence has occurred;

d) Areas and underground water layers at risk of salinization; contaminated with one of the parameters of ammonia, nitrite, nitrate, arsenic, or other heavy metal parameters according to national technical standards on underground water quality.

3. Based on the degree of degradation, depletion, and pollution of underground water sources; the demand for underground water exploitation and use; the degree of water scarcity; and the orientation for underground water exploitation, use, and protection in the integrated river basin planning for inter-provincial rivers and provincial planning, establish a list of areas and underground water layers requiring priority protection and restoration.

The list of areas and underground water layers requiring priority protection and restoration must clearly indicate administrative boundaries, distribution areas, and causes of degradation, depletion, and pollution of underground water sources.

4. Determine measures and solutions for protecting and restoring each area and underground water layer included in the list of areas and underground water layers requiring priority protection and restoration. The content of the plan includes one or more of the following items:

a) Areas and underground water layers requiring designation as restricted or prohibited zones for underground water exploitation and implementation of measures to prohibit or restrict underground water exploitation;

b) Areas and underground water layers requiring removal from restricted zones for underground water exploitation in centrally governed cities and provinces that have designated restricted zones for underground water exploitation;

c) Areas requiring artificial recharge of underground water;

d) Areas of underground water pollution requiring strict control over fertilizer and chemical use in agricultural production; areas requiring strict control over waste, discharge sources, drilling, excavation activities, and other activities capable of polluting underground water sources;

e) Proposals and adjustments to underground water exploitation and use plans.

5. Based on the characteristics of underground water sources in each area within the provincial territory, establish other relevant contents and requirements for underground water protection.

6. Develop an implementation organization plan.

Article 24. Issuing Groundwater Protection Plan

1. The People's Committee of the province shall direct the allocation of funds and instruct the Department of Natural Resources and Environment to organize the implementation of investigations, statistics, information compilation, data collection, and draft preparation for the provincial groundwater protection plan.

2. The Department of Natural Resources and Environment shall seek written comments on the draft groundwater protection plan from the Departments of Construction, Industry and Trade, Agriculture and Rural Development, Health, the People's Committees of districts, and representatives of certain organizations and individuals who exploit and use large amounts of groundwater within the province.

3. The Department of Natural Resources and Environment shall finalize the draft groundwater protection plan based on the opinions of the agencies and units specified in Clause 2 of this Article and submit it for comments from the National Water Resources Management Agency.

4. The Department of Natural Resources and Environment shall complete the draft Groundwater Protection Plan for review and approval by the People's Committee of the province.

5. The Department of Natural Resources and Environment shall update the Groundwater Protection Plan into the national water resources information system and database within seven days after approval and organize its implementation.

Article 25. Reviewing and Adjusting the Groundwater Protection Plan

1. Every five years or when necessary, the Department of Natural Resources and Environment shall organize a review of the Groundwater Protection Plan, report the results to the People's Committee of the province, and propose adjustments to the plan (if any).

2. The Groundwater Protection Plan shall be reviewed and adjusted in the following cases:

a) There are changes in the integrated river basin planning or exploitation, utilization, and protection plans for water resources, as well as flood prevention and mitigation measures in the provincial planning that significantly alter the direction of groundwater exploitation, utilization, and protection.

b) There are significant fluctuations in groundwater sources within the province due to natural and human factors.

3. The People's Committee of the province shall decide on the adjustment of the Groundwater Protection Plan. The procedures and formalities for adjusting the Groundwater Protection Plan shall be carried out as stipulated in Article 24 of this Circular for issuing the Groundwater Protection Plan.

Section 2
ADDITIONAL GROUNDWATER RECHARGE

Article 26. Requirements for Additional Artificial Groundwater Recharge

1. Artificial groundwater recharge facilities must be designed and calculated in accordance with the geological structure, hydrogeological characteristics, topography, water quality, and water retention capacity of the artificial recharge aquifer.

2. Rainwater and surface water used for artificial groundwater recharge must be compatible with the water quality of the artificial recharge aquifer and must be continuously monitored during the recharge process.

3. Artificial groundwater recharge must undergo at least 90 days of trial operation before official operation, as provided for in points a and b of Clause 1 of Article 27 of this Circular.

4. Artificial groundwater recharge facilities completed for scientific research purposes, if there is a need to continue their use for artificial recharge, must undergo trial operation and obtain comments from the Department of Natural Resources and Environment as stipulated in Article 29 of this Circular.

5. In cases where continued use is not required or the artificial groundwater recharge facility does not meet the conditions for official operation, protective measures for groundwater and environmental protection must be implemented according to regulations.

6. The design, construction, management, and operation of drilling and excavation works for artificial groundwater recharge must ensure requirements for groundwater protection as prescribed.

If artificial groundwater recharge causes land subsidence or settlement, operations must be immediately halted, timely remediation measures taken, and compensation provided if damage occurs, in accordance with the law.

Article 27. Cases for Implementing Artificial Groundwater Recharge

1. Cases for implementing artificial groundwater recharge include:

a) Artificial recharge of groundwater to restore areas and aquifers that have deteriorated or depleted according to approved plans for protecting groundwater;

b) Artificial recharge of groundwater to increase the exploitation capacity of groundwater extraction works of organizations and individuals;

c) Scientific research and testing solutions for artificial groundwater recharge.

2. The implementation of artificial groundwater recharge as stipulated in point a, Clause 1, Article 27 must be carried out according to the artificial groundwater recharge plan approved by the People's Committee of the province.

Artificial groundwater recharge facilities may only be officially operated after trial operation results meet requirements regarding the volume and quality of artificially recharged water.

3. The implementation of artificial groundwater recharge as stipulated in points b and c, Clause 1, Article 27 must obtain opinions from the Department of Natural Resources and Environment on the artificial groundwater recharge plan before implementation, in accordance with Clause 2, Article 28 of this Circular.

Article 28. Artificial Groundwater Recharge Plan

1. Contents of the artificial groundwater recharge plan:

a) Explanation of the necessity for artificial groundwater recharge needs;

b) Description of the geological and hydrogeological characteristics, water quality in the aquifer, and assessment of the aquifer's ability to retain and store water;

c) Assessment of the suitability in quantity and quality of the water source used for artificial recharge;

d) Explanation of technical design solutions for artificial recharge including main contents: artificial recharge methods (flooding, building sand dams, infiltration basins, wells, boreholes, drainage ditches combined with absorption wells, and other methods); location, scale, technical parameters of artificial recharge facilities; measures to control water quality before artificial recharge and monitoring water quality during the recharge process;

đ) Description of the trial operation procedure;

e) Description of the operation and management procedures for artificial recharge facilities.

2. Organizations and individuals submit one set of application documents to seek opinions on the artificial groundwater recharge plan directly or through postal services or electronic versions via the online public service portal to the Department of Natural Resources and Environment in accordance with Clause 3, Article 27 of this Circular. The application documents include:

a) A request for opinions on the artificial groundwater recharge plan;

b) The artificial groundwater recharge plan as prescribed in Clause 1 of this Article;

c) Diagrams and drawings of artificial recharge facilities;

d) Other relevant legal and technical documents of the project (if any).

3. Within thirty days from the date of receiving complete application documents as prescribed in Clause 2 of this Article, the Department of Natural Resources and Environment shall provide written opinions on the artificial groundwater recharge plan to organizations and individuals.

Article 29. Seeking Opinions on Trial Operation Results of Artificial Groundwater Recharge

1. Within thirty days from the end of the trial operation, organizations and individuals implementing artificial groundwater recharge as stipulated in point b, Clause 1, Article 27 of this Circular must report the trial operation results of artificial groundwater recharge to the Department of Natural Resources and Environment for opinions.

Organizations and individuals submit one copy of the trial operation result report on artificial groundwater recharge as prescribed in Clause 3 of this Article directly or through postal services or electronic versions via the online public service portal to the Department of Natural Resources and Environment.

2. Within thirty days from the date of receiving the trial operation result report on artificial groundwater recharge, based on the artificial groundwater recharge plan, trial operation results, the Department of Natural Resources and Environment provides written opinions on the trial operation results of artificial recharge facilities and whether they meet the requirements for official operation to organizations and individuals.

3. Main contents of the trial operation result report on artificial groundwater recharge as prescribed in Clause 1 of this Article include: description of trial operation results; evaluation of compliance with requirements regarding the volume and quality of artificially recharged water.

Article 30. Responsibilities of agencies, organizations, and individuals in the artificial recharge of groundwater

1. Organizations and individuals implementing the artificial recharge of groundwater shall have the following responsibilities:

a) Develop plans to prevent and respond to incidents of water source pollution during the operation of artificial groundwater recharge;

b) Monitor water levels, water quality, and adjust the flow rate of artificially recharged groundwater appropriately based on the aquifer's capacity to hold and store water;

c) Before January 15 of the following year, report on the implementation of artificial groundwater recharge to the Department of Natural Resources and Environment where the project is located and update the information into the National Water Resources Information System and Database.

2. The Department of Natural Resources and Environment shall have the following responsibilities:

a) Implement the plan for artificial groundwater recharge after approval by the Provincial People's Committee and report to the Provincial People's Committee on the results of trial operation for artificial groundwater recharge as specified in point a, Clause 1, Article 27 of this Circular;

b) Inspect and monitor during the trial operation and official operation of artificial groundwater recharge projects as specified in points b and c, Clause 1, Article 27 of this Circular;

c) Update the results of artificial groundwater recharge into the National Water Resources Information System and Database for cases of artificial groundwater recharge as specified in point a, Clause 1, Article 27 of this Circular.

||| Section 3
PROTECTION OF GROUNDWATER IN DRILLING, DIGGING, AND EXPLORATION AND EXTRACTION ACTIVITIES

Article 31. Protection of groundwater in the design and construction of drilling, digging, and testing projects for groundwater investigation, assessment, exploration, and extraction

1. The design and construction of drilling and digging projects in groundwater investigation and assessment projects must meet the following requirements:

a) The design and construction of drilling and digging for groundwater investigation and assessment must comply with technical regulations stipulated by the Minister of Natural Resources and Environment;

b) Drilling construction works must be carried out by organizations and individuals holding a permit for groundwater drilling operations;

c) The depth, diameter of drilling, structure of casing pipes, filter pipes, and sections of isolation grouting must be appropriate to the geological characteristics, ensuring that surface water does not infiltrate into the aquifers;

d) Construction of drilling and digging works must ensure the stability of the surrounding soil and rock environment.

2. The design and construction of drilling and digging projects in groundwater exploration and extraction projects must meet the requirements set forth in Clause 1 of this Article and the following additional requirements:

a) The design of wells and construction plans for exploratory and extraction drilling must be carried out by the person responsible for technical matters of organizations and individuals holding a permit for groundwater drilling operations;

b) Casing pipes and filter pipes installed in extraction wells must ensure stability during the extraction process;

c) In cases where chemicals are used to soak and clean wells, the chemicals used must ensure they do not cause environmental pollution or water contamination;

d) For extraction projects, monitoring activities to supervise water extraction must be conducted according to regulations. If an extraction project requires the establishment of observation wells, their locations must represent the water extraction activities of the project and be reflected in the application for permission.

3. Requirements for protecting groundwater in testing activities within groundwater investigation, assessment, exploration, and extraction projects:

a) Chemicals and radioactive substances used in testing processes must ensure they do not cause environmental pollution or water contamination;

b) Measures must be taken to prevent wastewater or water containing toxic substances from entering the wells;

c) Methods and procedures for conducting tests in wells must be included in research proposals, projects, scientific studies, and construction technical files;

d) In cases where test pumping is performed, in addition to complying with the provisions of points a, b, and c of this clause, it must also ensure that flooding or excessive lowering of water levels beyond the extraction limit does not occur. In case of incidents affecting the environment or organizations and individuals, test pumping must be immediately stopped and compensation provided (if applicable) in accordance with the law.

4. After completion of construction, organizations and individuals carrying out drilling, digging, and testing projects for groundwater investigation, assessment, exploration, and extraction must update geological structure, stratigraphic, and hydrogeological data at well locations into the National Water Resources Information System and Database as prescribed.

Article 32. Protection of underground water in geological survey activities for construction projects, foundation treatment of construction projects, construction of underground works; geological exploration, exploration, exploitation of minerals, oil and gas

1. Organizations and individuals conducting geological surveys for construction projects, foundation treatment of construction projects, construction of underground works; geological exploration, exploration, exploitation of minerals, oil and gas, including drilling, excavation, and field testing activities, in addition to complying with relevant regulations, standards, and technical norms must fully implement requirements for protecting underground water as stipulated in Article 31 of this Circular.

2. Organizations and individuals treating foundations of construction projects shall not cause surface subsidence or collapse; they shall not cause pollution, degradation, or depletion of underground water sources.

3. For reservoirs, ponds, or areas containing wastewater, tailings, and other liquid waste generated from mineral exploitation activities, organizations and individuals must comply with environmental protection regulations, requirements, and laws on environmental protection, minerals, and water resources to ensure that these activities do not cause pollution to underground water sources.

4. In cases where wells drilled during geological surveys for construction projects, foundation treatment, construction of underground works; geological exploration, exploration, and mineral exploitation are expected to be used for two years or more, they must meet the requirements set out at point c, Clause 1 of Article 31 of this Circular.

5. Organizations and individuals conducting geological exploration, geological surveys for construction projects, foundation treatment of construction projects, construction of underground works; geological exploration, exploration, and mineral exploitation must update information and data on geological structure and strata at well locations into the National Water Resources Information System and Database as prescribed.

Article 33. Protection of underground water in activities involving pumping and draining groundwater for drying mines, construction pits, and other drilling, excavation, and testing activities

1. Organizations and individuals carrying out activities involving pumping and draining groundwater for drying mines, construction pits, and other drilling, excavation, and testing activities, in addition to complying with relevant regulations, standards, and technical norms, must fully implement requirements for protecting underground water as stipulated in Article 31 of this Circular.

2. Organizations and individuals exploiting minerals or constructing works, if their pumping and draining activities lead to lowering of groundwater levels, causing land subsidence or collapse, must immediately stop such activities and take remedial measures; if damage occurs, they must compensate according to the law.

Chapter V
IMPLEMENTING PROVISIONS

Article 34. Transitional Provisions

1. Regarding the sanitary protection zone for water supply areas:

a) In cases where water extraction facilities for supplying water for domestic use have been granted permits for water resource exploitation and utilization before this Circular takes effect but have not yet had their sanitary protection zones determined and approved, they must follow the provisions of this Circular and complete the proposal for the scope of the sanitary protection zone for water supply areas and submit it to the Department of Natural Resources and Environment where the facility is located no later than July 1, 2025.

b) In cases where water extraction facilities for supplying water for domestic use have had their sanitary protection zones approved before this Circular takes effect, they may continue to operate according to the approved decision. If organizations or individuals investing, managing, and operating water extraction facilities need to adjust the scope of the sanitary protection zone according to the provisions of this Circular, they should propose the scope and submit it to the Department of Natural Resources and Environment where the facility is located.

c) In cases where water extraction facilities for supplying water for domestic use have been operational before this Circular takes effect and due to actual site conditions cannot establish a sanitary protection zone for water supply areas as stipulated in Articles 10 and 11 of this Circular, based on the nature, scale of the facility, characteristics of the water source, and other requirements for protecting the water source, the competent state authority shall approve the scope of the sanitary protection zone for water supply areas smaller than the minimum required but ensuring the quality of the water supply area's water source.

2. Regarding the determination of minimum flow:

The value of the minimum flow already specified by the competent state authority in the permit for water resource exploitation and utilization or in the operation procedures for inter-reservoir systems issued before this Circular takes effect shall continue to be implemented until the permit expires or until there is a decision to adjust or supplement the inter-reservoir operation procedures.

3. Regarding plugging wells:

The plugging of abandoned wells that are no longer in use or have no plans for continued use, as stipulated in Clause 1 of Article 31 of the Law on Water Resources, shall continue to be carried out according to the provisions of Circular No. 72/2017/TT-BTNMT dated December 29, 2017, of the Minister of Natural Resources and Environment regarding the handling and plugging of wells until the national technical regulation on well plugging is promulgated.

Article 35. Effective Date

1. This Circular takes effect from July 1, 2024.

2. As of the effective date of this Circular, the following Circulars shall cease to be in effect:

a) Circular No. 24/2016/TT-BTNMT dated September 9, 2016, of the Minister of Natural Resources and Environment on determining and announcing the sanitary protection zone for water supply areas;

b) Circular No. 31/2018/TT-BTNMT dated December 26, 2018, of the Minister of Natural Resources and Environment on the content and format of water resources reports;

c) Circular No. 64/2017/TT-BTNMT dated December 22, 2017, of the Minister of Natural Resources and Environment on determining the minimum flow in rivers, streams, and downstream of reservoirs and dams;

d) Circular No. 75/2017/TT-BTNMT dated December 29, 2017, of the Minister of Natural Resources and Environment on protecting underground water in drilling, excavation, exploration, and exploitation activities;

đ) Circular No. 27/2014/TT-BTNMT dated May 30, 2014, of the Minister of Natural Resources and Environment on registering underground water extraction, sample forms for issuing, extending, adjusting, and reissuing water resource permits;

e) Circular No. 40/2014/TT-BTNMT dated July 11, 2014, of the Minister of Natural Resources and Environment on the practice of drilling underground water.

g) Circular No. 56/2014/TT-BTNMT dated September 24, 2014, issued by the Minister of Natural Resources and Environment, stipulating the conditions regarding the capacity of organizations and individuals conducting basic investigations on water resources, consulting on the planning of water resources, preparing proposals and reports in the application for water resource exploitation permits.

3. To revoke Chapters and Articles of the following Circulars of the Minister of Natural Resources and Environment from the date this Circular takes effect:

a) Article 20 of Circular No. 04/2020/TT-BTNMT dated June 3, 2020, issued by the Minister of Natural Resources and Environment, stipulating the technical guidelines for integrated river basin planning and inter-provincial water sources;

b) Article 3, Article 4, Article 16, Chapter III and Chapter V of Circular No. 17/2021/TT-BTNMT dated October 14, 2021, issued by the Minister of Natural Resources and Environment, concerning the supervision of water resource exploitation and utilization.

Article 36. Implementation Organization

1. Ministries, ministerial-level agencies, central-affiliated agencies, provincial People's Committees, units under the Ministry of Natural Resources and Environment, provincial Departments of Natural Resources and Environment, and related organizations and individuals shall be responsible for implementing this Circular.

2. In the course of implementing this Circular, if there are any difficulties, agencies, organizations, and individuals are requested to promptly report them to the Ministry of Natural Resources and Environment for consideration and resolution./.