Circular No. 04/2020/TT-BTNMT on technical guidelines for integrated river basin planning and inter-provincial water resources

CIRCULAR

Technical regulations for integrated river basin planning and inter-provincial water resources

Based on the Law on Water Resources dated June 21, 2012;

Based on the Law on Planning dated November 24, 2017;

Based on the Law Amending and Supplementing Several Articles of 37 Laws Related to Planning dated November 20, 2018;

Pursuant to Decree No. 36/2017/NĐ-CP dated April 4, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to the proposal of the Director of the National Water Resources Management Agency, the General Director of the National Center for Water Resources Planning and Investigation, the Head of the Science and Technology Department, and the Head of the Legal Affairs Department;

The Minister of Natural Resources and Environment issues this Circular on technical regulations for integrated river basin planning and inter-provincial water resources.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the technical procedures for preparing integrated river basin planning and inter-provincial water resources (hereinafter referred to as integrated river basin planning).

Article 2. Applicability

This Circular applies to state management agencies for water resources, organizations, and individuals involved in preparing tasks for integrated river basin planning and preparing integrated river basin planning.

Article 3. General requirements for integrated river basin planning

1. Integrated river basin planning must be consistent with the characteristics of water resources in each specific river basin, integrate land use structures and infrastructure for economic and social development, ensuring consistency with water resource planning and higher-level plans.

2. Identify and address major, urgent, short-term, and long-term issues related to water resources in the river basin; ensure management objectives to regulate activities of water resource exploitation, utilization, wastewater discharge, prevention, control, and mitigation of adverse effects caused by water during the planning period.

3. The allocation of water resources, protection of water resources, prevention, control, and mitigation of adverse effects caused by water must be developed for each sub-region of integrated river basin planning and specific water sources.

4. Documents and data serving the preparation of planning tasks and integrated river basin planning must have clear origins, ensuring reliability, synchronization, and continuity.

5. Methods for preparing planning tasks and integrated river basin planning must be appropriate to the characteristics of the river basin and the level of detail of the documents and data.

6. Results of forecasting trends in flow rates, water levels of aquifers, and water demand for various purposes must be compiled spatially, including river basins, sub-regions of integrated river basin planning, provincial administrative units; temporally, including months, seasons, years; planning periods and planning horizons.

Chapter II

PREPARATION OF TASKS FOR INTEGRATED RIVER BASIN PLANNING

Article 4. Content of preparation of tasks for integrated river basin planning

The content of preparation of tasks for integrated river basin planning shall be carried out in accordance with Clause 8, Article 5 of the Law Amending and Supplementing Several Articles of 37 Laws Related to Planning, specifically:

1. Documents and data serving the preparation of tasks for integrated river basin planning.

2. General assessment of natural conditions and socio-economic conditions.

3. General assessment of current water resource status.

4. General assessment of water resource protection, exploitation, utilization, prevention, control, and mitigation of adverse effects caused by water.

5. Preliminary determination of the functions of water resources.

6. Preliminary determination of water demand.

7. Identification of issues to be addressed in water resource protection, exploitation, utilization, drainage, prevention, control, and mitigation of adverse effects caused by water.

8. Determination of the subjects, scope, and content of integrated river basin planning.

9. Determination of solutions, funding, schedule, and progress of integrated river basin planning.

10. Development of products for tasks for integrated river basin planning.

Article 5. Documents and data for preparing the task of compiling the integrated river basin master plan

Documents and data for preparing the task of compiling the integrated river basin master plan include:

1. National topographic digital maps at a minimum scale of 1:250,000.

2. List of river basins and map of river basin list.

3. Natural geography, socio-economy, including: geographical location, natural area; population, population growth rate, population distribution by administrative units and current development status of economic sectors that exploit and use water resources; general overview of land use and land use planning.

4. Data on rainfall, evaporation, temperature, water level, average monthly flow at meteorological, hydrological, and water resource stations related to the river basin being planned.

5. Data on tides, average monthly sea levels at tide stations related to the river basin being planned (if applicable).

6. Scenarios of changes in rainfall volume and temperature according to climate change scenarios and sea level rise for Vietnam that have been published.

7. Water resources, exploitation and utilization of water resources in the river basin, including: number of rivers, streams, main reservoirs, total surface water volume by month, season, year; characteristics of aquifer layers, total underground water storage; number of water exploitation and utilization facilities and volume of water exploited.

8. Discharge of wastewater into water sources, including: number of facilities and total volume of wastewater discharged into water sources, main areas of wastewater discharge.

9. Riverbank erosion and areas affected by water pollution and degradation; subsidence and salinity intrusion in coastal areas and aquifers (if applicable).

10. Sectoral national plans, regional plans, provincial plans, technical and specialized plans involving water exploitation and utilization, and other relevant documents.

Article 6. General assessment of natural features and socio-economic conditions

1. General natural features:

a) Geographical location, scope of the area for compiling the integrated river basin master plan;

b) Total natural area, distribution ratio of various terrain types, average elevation, and terrain slope direction;

c) River and lake network: names of major river systems, density, headwater locations, mouth locations, basin area;

d) Main geological formations;

đ) Area and distribution ratio of different types of forests;

e) Climate and weather characteristics;

g) Tourist areas, conservation zones, natural heritage sites (if applicable).

2. General socio-economic features:

a) Administrative units and natural area of provincial and district administrative units within the river basin;

b) Total population, population structure, population density, and population growth rate;

c) Special difficult areas, revolutionary base areas, and other areas receiving support policies (if applicable);

d) Land use planning and current land use status;

đ) Orientation for socio-economic development in sectors and fields involving water exploitation and utilization.

Article 7. General assessment of current water resource status

1. Brief description of river, stream, lake, pond, and reservoir systems and aquifer layers:

a) Headwater and tailwater locations, length of major rivers and streams; name of the provincial administrative unit through which the water flows;

b) Geographic location and area of lakes, ponds, and reservoirs;

c) Distribution range, depth, and thickness of aquifer layers.

2. General assessment of surface water resources:

a) Average total water volume by month, season, and year in the river basin;

b) Water quality of inter-provincial rivers, inter-provincial water sources at hydrological and surface water resource monitoring stations, and water environment monitoring stations.

3. General assessment of groundwater resources:

a) Potential storage capacity and exploitable storage capacity of aquifer layers;

b) Water quality of aquifer layers at groundwater resource monitoring locations.

Article 8. General assessment on water resource protection, exploitation, utilization, prevention, control, and mitigation of adverse effects caused by water

1. General assessment on water resource exploitation and utilization:

a) The volume of water used for agriculture, aquaculture, industrial production, daily life, and other purposes (if applicable);

b) Water usage structure;

c) Main sources of water exploited and utilized;

d) Conflicts arising from water exploitation and utilization (if applicable).

2. General assessment on water resource protection:

a) Types of wastewater and methods of discharging wastewater into water sources;

b) Pollution, degradation, and depletion of water sources;

c) Assessment of engineering and non-engineering measures to protect water resources.

3. General assessment on prevention, control, and mitigation of adverse effects caused by water:

a) Areas prone to riverbank erosion; areas experiencing subsidence and land subsidence due to groundwater exploration and extraction (if applicable);

b) Areas frequently affected by adverse effects caused by water;

c) Assessment of engineering and non-engineering measures to prevent, control, and mitigate adverse effects caused by water.

4. Management situation in protecting, exploiting, utilizing water resources, and preventing, controlling, and mitigating adverse effects caused by water.

Article 9. Preliminary determination of the functions of water sources

1. Preliminary determination of the functions of water sources on rivers, river sections, and aquifer layers that are the main objects of water exploitation and utilization.

2. Determination of necessary requirements for zoning the functions of water sources during the planning process.

Article 10. Preliminary determination of water demand

1. Compilation of water demand according to the planning of sectors involved in water exploitation and utilization, including: daily life, agricultural production, industrial production, aquaculture, and other purposes (if applicable).

2. In cases where there are no data on water demand as stipulated in Clause 1 of this Article, estimate the water demand of major water users based on current water usage standards and economic-social development orientations of localities within the river basin.

Article 11. Identification of issues to be addressed in water resource protection, exploitation, utilization, drainage, prevention, control, and mitigation of adverse effects caused by water

The identification of issues to be addressed in water resource protection, exploitation, utilization, drainage, prevention, control, and mitigation of adverse effects caused by water includes one or more of the following contents:

1. Issues to be addressed in water resource exploitation and utilization, including:

a) Dependence on upstream water sources outside national borders for transboundary rivers (if applicable);

b) Conflicts in water resource exploitation and utilization between localities and between different water-using sectors (if applicable);

c) Water shortages and scarcity, time periods and areas frequently experiencing water shortages, and the user groups affected;

d) Other issues in water resource exploitation and utilization (if applicable).

2. Issues to be addressed in water resource protection, including:

a) Areas with declining groundwater levels;

b) Reclamation and encroachment of riverbanks, lake basins, swamps, and wetlands;

c) Water quality for various uses;

d) Decline in forest quality and area of headwater forests;

đ) Other issues in water resource protection (if applicable).

3. Issues to be addressed in drainage, prevention, control, and mitigation of adverse effects caused by water, including:

a) Drainage and areas subject to localized flooding;

b) Areas experiencing subsidence and land subsidence due to groundwater exploration and extraction;

c) Sources of water subject to saltwater intrusion;

d) Other issues in prevention, control, and mitigation of adverse effects caused by water (if applicable).

4. Based on the results of identifying issues to be addressed as stipulated in Clauses 1, 2, and 3 of this Article, determine the priority order for addressing these issues in water resource protection, exploitation, utilization, drainage, prevention, control, and mitigation of adverse effects caused by water during the planning period.

Article 12. Determining the Object, Scope, and Content of Comprehensive Basin Planning

The determination of the object, scope, and content of comprehensive basin planning must ensure the resolution of issues that need to be addressed in the protection, exploitation, utilization, and development of water resources, as well as prevention, control, and mitigation of adverse effects caused by water, as stipulated in Article 11 of this Circular, including:

1. Determining the object and scope of comprehensive basin planning:

a) Specifically defining the scope and boundaries for comprehensive basin planning;

b) Identifying the objects of planning, including surface water sources such as rivers, streams, lakes, swamps, and water regulation, exploitation, utilization, and development projects; and underground water sources such as aquifers.

2. Determining the content of comprehensive basin planning:

Based on the provisions of Clause 4, Article 11 of this Circular, specifically define the contents of comprehensive basin planning, including:

a) Water allocation;

b) Protection of water resources;

c) Prevention, control, and mitigation of adverse effects caused by water.

Article 13. Determining Solutions, Budgets, Plans, and Progress of Comprehensive Basin Planning

1. Solutions and budgets for comprehensive basin planning:

a) Determining appropriate technological and technical solutions for comprehensive basin planning;

b) Defining the tasks of relevant parties in comprehensive basin planning;

c) Determining the budget corresponding to each content of comprehensive basin planning according to current regulations;

d) Determining the budget for strategic environmental assessment according to current regulations.

2. Developing plans and progress schedules for comprehensive basin planning.

Article 14. Developing Products of Comprehensive Basin Planning Tasks

1. Detailed report explaining the comprehensive basin planning tasks, including all contents specified from Article 6 to Article 13 of this Circular and clearly reflecting the provisions of Article 15 of this Circular.

2. Data sets serving the comprehensive basin planning tasks.

3. Diagrams illustrating analysis and evaluation contents, including information on river basins, administrative boundaries, river networks, aquifers, hydrological monitoring networks, water resources, water environment, and other related information (if applicable).

Chapter III

COMPREHENSIVE BASIN PLANNING

Article 15. Contents of Comprehensive Basin Planning

The contents of comprehensive basin planning are implemented according to the provisions of Point b, Clause 22, Article 5 of the Law Amending and Supplementing Certain Provisions of 37 Laws Related to Planning and Article 19 of the Water Resources Law, specifically as follows:

1. Documents and data serving comprehensive basin planning.

2. Evaluating the quantity and quality of water sources and forecasting trends in flow changes and water levels of aquifers.

3. Evaluating the current status of water resource exploitation and utilization.

4. Forecasting water demand.

5. Zoning functional areas of water sources.

6. Determining the proportion of water resource allocation for water exploitation and utilization entities.

7. Determining emergency water sources for domestic use in case of water source pollution incidents.

8. Determining priority order and allocation ratios in cases of drought and water shortage.

9. Determining water transfer needs between sub-basins within the basin, with other basins, and water regulation, exploitation, utilization, and development projects.

10. Determining requirements for protecting water resources against activities of water exploitation and utilization and aquatic ecosystems.

11. Identifying polluted, degraded, or depleted areas; evaluating water quality trends, zoning water quality; determining non-engineering measures and facilities to protect, restore polluted or degraded, depleted water sources to ensure their functions.

12. Identifying riverbank erosion areas or those at risk of erosion; assessing conditions and trends, identifying causes of erosion; evaluating the overall effectiveness and impact of existing engineering and non-engineering measures to prevent, control, and mitigate erosion caused by water; determining engineering and non-engineering measures to reduce erosion caused by water.

13. Identifying subsidence areas due to groundwater exploration and exploitation or those at risk of subsidence; assessing conditions and trends, identifying causes of subsidence; evaluating the overall effectiveness and impact of existing engineering and non-engineering measures to prevent, control, and mitigate subsidence caused by groundwater exploration and exploitation; determining engineering and non-engineering measures to reduce subsidence caused by groundwater exploration and exploitation.

14. Identifying saline intrusion areas due to groundwater exploration and exploitation; assessing conditions and trends, identifying causes of saline intrusion; evaluating the overall effectiveness and impact of existing engineering and non-engineering measures to prevent, control, and mitigate saline intrusion caused by groundwater exploration and exploitation; determining engineering and non-engineering measures to reduce saline intrusion caused by groundwater exploration and exploitation.

15. Establishing a water resource monitoring system, water exploitation and utilization, water quality, and wastewater discharge monitoring.

16. Determining solutions for water allocation, water resource protection, prevention, control, and mitigation of adverse effects caused by water.

17. Determining budgets, plans, and implementation schedules.

18. Developing comprehensive basin planning products.

Article 16. Documents and data for preparing integrated river basin planning

Documents and data for preparing integrated river basin planning include:

1. The documents and data specified in Article 5 of this Circular shall be updated and supplemented during the period of preparing integrated river basin planning.

2. National digital topographic maps at a minimum scale of 1:50,000; network of rivers, streams, list of water sources; diagrams, location maps of meteorological, hydrological, marine, surface water, groundwater, and water environment monitoring networks.

3. Data, diagrams, cross-sections of rivers at hydrological, water resource stations, and other locations (if applicable).

4. Rainfall, evaporation, temperature, river water level, and daily average flow rate data over the last twenty years at relevant meteorological, hydrological, and surface water resource stations.

5. Tidal data, daily average sea level data over the last twenty years at relevant marine stations (if applicable).

6. Average monthly groundwater levels over the last twenty years at central and local monitoring wells and other wells (if applicable).

7. Geological, hydrogeological maps, and groundwater resource maps at a minimum scale of 1:200,000.

8. List of water resources exploitation, utilization facilities, and wastewater discharge facilities, including information on facility location, extraction scale for exploitation facilities, discharge scale for wastewater discharge facilities, operation mode, and other related information (if applicable).

9. Data on water extraction and utilization from upstream sources outside the national borders of transboundary rivers (if applicable).

10. Monitoring data on water quality indicators over the last five years at stations that monitor surface and groundwater quality within the planning scope.

11. Data on water extraction and utilization needs of sectors and localities consistent with the planning period (if applicable).

12. Data, diagrams, and maps on land use, soil types, vegetation cover, forests.

13. Remote sensing data and other related documents (if applicable).

Article 17. Assessment of quantity and quality of water resources and forecasting trends in flow and water level changes in aquifers

1. Assessment of surface water quantity:

a) Characteristics of river and stream water sources at monitoring locations, including: total monthly, seasonal, annual, and long-term average quantities on the river basin;

b) Characteristics of lake, pond, and reservoir water sources, including basic information on various capacities of reservoirs and operational procedures (if applicable);

c) Surface water quantity is assessed according to the spatial and temporal criteria specified in Clause 6 of Article 3 of this Circular and different frequencies (50%, 85%, 95%). Calculations of water quantity are performed using statistical, analytical, or numerical modeling methods.

2. Assessment of surface water quality: Water quality of sources included in the planning is evaluated for water usage purposes based on current regulations, survey results, and existing monitoring data.

3. Forecasting trends in surface water flow changes during the planning period is conducted according to the spatial and temporal criteria specified in Clause 6 of Article 3 of this Circular, taking into account the impact of climate change based on the assessment of surface water quantity as stipulated in Clause 1 of this Article.

4. Assessment of exploitable groundwater reserves:

a) Based on the characteristics of aquifers, exploitable groundwater reserves are assessed according to the spatial and temporal criteria specified in Clause 6 of Article 3 of this Circular and determined using the following formula:

Wnkt = Wđ + α*Wt + Wbcnt + Wct

Wnkt: exploitable groundwater reserve;

Wđ: dynamic reserve in the aquifer;

Wt: static reserve in the aquifer;

Wbcnt: replenishment reserve for groundwater;

Wct: convective reserve;

α: coefficient with a value less than 0.3 depending on each aquifer.

b) Determination of exploitable groundwater reserves uses one of the statistical, analytical, or numerical modeling methods;

c) Determination of exploitable groundwater reserves must ensure that water levels do not exceed the permissible extraction limits as prescribed in Decree No. 167/2018/ND-CP dated December 26, 2018 of the Government on restricting groundwater extraction.

5. Assessment of water quality in aquifers: Water quality of aquifers included in the planning is evaluated for water usage purposes based on current regulations, survey results, and existing monitoring data.

6. Forecasting trends in aquifer water level changes during the planning period is conducted according to the spatial and temporal criteria specified in Clause 6 of Article 3 of this Circular, taking into account the impact of climate change based on the assessment of exploitable groundwater reserves as stipulated in Clause 4 of this Article.

7. Compilation of results, preparation of reports assessing the quantity and quality of water resources and forecasting trends in flow and water level changes in aquifers; comprehensive diagrams of current water resources status; report on building numerical models (if applicable).

Article 18. Evaluation of the current state of water resource exploitation and utilization

1. The evaluation of the current state of water resource exploitation and utilization shall be carried out based on the actual situation of water exploitation and utilization within river basins and the current status of water exploitation works; the volume of water exploited and utilized for various evaluation subjects according to space and time, specifically:

a) Domestic activities: urban and rural areas;

b) Agricultural production: irrigation, animal husbandry, and other productions (if applicable);

c) Aquaculture;

d) Industrial production: supplying water to industrial zones and clusters; supplying water for other industrial productions (if applicable);

đ) For hydropower;

e) Waterway transportation;

g) Other purposes (if applicable).

2. The assessment of the effectiveness of the current state of water resource exploitation and utilization shall be conducted based on actual documents and data regarding water resource exploitation and utilization, and the economic and social value brought about by water resources within river basins.

3. Compare the amount of exploitable water with the results of the current state of water exploitation and utilization as stipulated in Clause 1 of this Article to serve the allocation of water sources and propose solutions for water source allocation.

4. Prepare a schematic diagram of the current status of water exploitation and utilization works.

Article 19. Forecasting water demand

The forecasting of water demand for water exploitation and utilization subjects shall be carried out as follows:

1. Aggregate water demand for domestic activities, agricultural production, industrial production, aquaculture, and other purposes (if applicable) when there are forecasted water demand data for these subjects.

2. In cases where there are no forecasted water demand data for the purposes specified in Clause 1 of this Article, the forecasting of water demand shall be carried out based on water usage standards and current data, population development trends, crop area, livestock quantity, aquaculture area, development indices of agriculture, aquaculture, industry, and related data and information within river basins (if applicable).

3. Compare the water demand forecasted under Clauses 1 and 2 of this Article with the current state of water resource exploitation and utilization as stipulated in Clause 1 of Article 18 of this Circular to serve the allocation of water sources and propose solutions for water source allocation.

4. Summarize the results and prepare a report on the forecasting of water demand.

1. The functions of water sources are specific purposes of water use based on the benefits of water sources, including the following uses:

a) Domestic activities;

b) Agricultural production;

c) Aquaculture;

d) Hydropower;

đ) Industrial production;

e) Waterway transportation;

g) Other purposes (if applicable).

2. The functional zoning of water sources shall be carried out based on river segmentation, determining the function of river segments, determining the function of reservoirs, and salinity zoning of groundwater. River segmentation shall be carried out during planning periods and prioritize segments flowing through concentrated residential areas, industrial zones, cultural and historical conservation areas, and segments for water exploitation serving important socio-economic development purposes.

3. For rivers that have been segmented according to current regulations, the results of river segmentation shall be inherited to develop plans. For rivers not yet segmented, the provisions of Article 5 of Circular No. 76/2017/TT-BTNMT dated December 29, 2017, issued by the Minister of Natural Resources and Environment on assessing the capacity to accept wastewater and the carrying capacity of river and lake water sources shall apply.

4. The determination of the function of river segments and reservoirs as stipulated in Clauses 2 and 3 of this Article shall be carried out as follows:

a) Inherit river segments and reservoirs whose functions have been determined by competent authorities;

b) For river segments and reservoirs not covered by the case specified in point a of this clause, the determination of the function of river segments and reservoirs shall be based on the actual exploitation and utilization status of the river segments and reservoirs, the requirements of water use purposes during the planning period, and must ensure the systematic quality of water from upstream to downstream. If a river segment or reservoir has multiple functions, the function for water use with the highest water quality requirement shall be selected for planning.

5. Summarize the results of functional zoning of water sources:

a) For surface water functions, the summary results must clearly indicate the name of the river segment, starting and ending points, length; the name of the reservoir, location, and the function determined for the river segment and reservoir during the planning period;

b) For salinity zoning of groundwater, the summary results must clearly indicate the distribution area, depth of salinity distribution, accompanied by a salinity distribution diagram of the aquifer layers.

Article 21. Determination of the Proportion of Water Resources Allocation for Water Exploitation and Utilization Subjects

1. The determination of the proportion of water resources allocation for water exploitation and utilization subjects shall be based on the results of determining the amount of exploitable and utilisable water, which is the total surface water exploitable and utilisable amount and the exploitable underground water reserve; the amount of water reserved for supplying drinking water in case of water source pollution incidents; the minimum flow maintenance amount.

2. The amount of water allocated to water exploitation and utilization subjects shall be determined by subtracting the amounts specified in Clause 4 and Clause 5 of this Article from the amount of water prescribed in Clause 3 of this Article.

3. Determination of the amount of exploitable and utilisable water:

a) The amount of exploitable and utilisable surface water is the amount of surface water prescribed at point c, Clause 1, Circular 17 of this Decree minus the un-storable floodwater and the water transferred out of the watershed (if any).

b) The result of assessing the exploitable underground water reserve prescribed in Clause 4, Article 17 of this Circular.

4. The amount of water reserved for supplying drinking water in case of water source pollution incidents shall be determined based on ensuring the supply of drinking water for a minimum period of ninety (90) days and being consistent with the characteristics of the water sources in the integrated river basin planning area.

5. Determination of the minimum flow maintenance amount:

a) Inheriting the results of determining the minimum flow maintenance amount for river sections already defined by competent authorities for planning purposes.

b) For river sections not covered by the provisions of point a of this clause, the determination of the minimum flow maintenance amount shall be based on the minimum flow prescribed in Clause 2, Article 4 and Article 6 of Circular No. 64/2017/TT-BTNMT dated December 22, 2017 of the Minister of Natural Resources and Environment regarding the determination of minimum flows on rivers, streams, and downstream of reservoirs and dams.

6. Allocation of water resources according to proportions for water exploitation and utilization needs:

a) Allocate water resources to meet 100% of the needs when the allocated water surplus exceeds the total water demand of water exploitation and utilization subjects during the planning period.

b) Allocate water resources according to appropriate proportions to meet basic water demands of water exploitation and utilization subjects when the allocated water is lower than the total water demand of these subjects (water shortage). The allocation of water resources prescribed in this point shall be carried out in accordance with Article 23 of this Circular.

Article 22. Determination of Backup Water Sources for Drinking Water Supply in Case of Water Source Pollution Incidents

1. Determine and select backup water sources and locations that ensure suitability for providing drinking water to residential areas at risk of water source pollution incidents.

2. The amount of backup water and backup time shall be as prescribed in Clause 4 of Article 21 of this Circular.

Article 23. Determination of Priority Order and Allocation Ratio in Case of Drought and Water Shortage

1. The determination of the water resource allocation ratio for water exploitation and utilization subjects in case of drought and water shortage shall be based on priority order and be consistent with the scale and duration of the water shortage.

2. Water allocation in case of drought and water shortage must ensure priority order for drinking water supply, social welfare, and high economic-social benefit production sectors.

3. Determine the water-shortage areas, the duration of water shortage, and the water shortage amount for water usage needs during the planning period based on the results of identifying sub-regions within the integrated river basin planning with water allocation amounts lower than the total water demand of water users (water shortage).

4. Based on the results determined in Clause 3 of this Article, allocate water resources to fully meet the water usage needs for domestic purposes. If there is still surplus water after allocating for domestic water usage, continue to allocate according to the following priority order:

a) Assess the overall minimum water usage needs of water users, excluding domestic water usage, and propose allocation according to the minimum needs of each water user.

b) If the remaining water is insufficient to allocate according to the provisions of point a of this clause, propose a plan to reduce the water usage needs of each water user according to appropriate ratios, ensuring the priority order prescribed in Clause 1 of this Article and being consistent with the remaining water amount.

5. Prepare a report on water resource allocation, including main contents: the allocation ratio of water resources for water exploitation and utilization subjects; priority order and allocation ratio in case of drought and water shortage; allocation diagrams.

Article 24. Determining the need for water transfer between sub-watersheds within a river basin, the need for water transfer with other river basins, and water resource regulation, exploitation, utilization, and development works

1. The determination of the need for water transfer between sub-watersheds within a river basin shall be carried out as follows:

a) Identifying sub-watersheds with scarce water sources that require water transfer during the planning period;

b) Identifying sub-watersheds with the capacity to transfer water to adjacent sub-watersheds with scarce water;

c) Determining the source of water, location of water transfer, time of water transfer, and the amount of water that can be transferred;

d) Assessing the impact of water transfer on water exploitation, utilization, maintaining flow, and effects on aquatic ecosystems, particularly during the dry season.

2. The determination of water transfer between river basins established through comprehensive planning with other river basins shall be based on regulations set forth in higher-level plans and recommendations for adjustments (if any).

3. Based on the results of determining areas lacking water, periods of water shortage, and the volume of water required for various water usage needs as stipulated in Clause 3, Article 23 of this Circular, the following shall be determined for water resource regulation, exploitation, utilization, and development works:

a) Identifying water sources to support proposals for water resource regulation, exploitation, utilization, and development works;

b) Determining the type, tasks, and locations of water resource regulation, exploitation, utilization, and development works.

4. Summarizing the results, compiling a report on the need for water transfer between sub-watersheds within a river basin, the need for water transfer with other river basins, and listing water resource regulation, exploitation, utilization, and development works; drawing up a water transfer diagram (if applicable).

Article 25. Determining requirements for protecting water resources against water extraction, utilization activities, and aquatic ecosystems

1. The determination of requirements for protecting water resources against water extraction, utilization activities, and aquatic ecosystems must be specifically defined based on the following principles:

a) Water extraction and utilization must be linked to water resource protection;

b) Water resource protection must prioritize prevention; protecting water quantity must be linked to protecting primary water sources and recharge zones for groundwater;

c) Protecting water quality must be linked to protecting the function of water sources, prioritizing important water sources for social stability, implementing international agreements (if any), and maintaining and developing aquatic ecosystems;

d) Ensuring the flow of water, space within riverbeds and banks, and maintaining minimum river flow, setting limits for aquifer extraction.

2. The results of determining requirements for protecting water resources against water extraction and utilization activities must reflect the following contents:

a) List of degraded upstream forest areas affecting water sources and the priority order for restoring degraded upstream forests;

b) List of lakes, swamps, wetlands, and floodplains with high biodiversity value and cultural conservation needs that require protection;

c) List of river sections flowing through urban and concentrated residential areas requiring protection to ensure water flow;

d) List of artificial recharge areas and zones for replenishing aquifer storage volumes;

e) List and diagrams of main wastewater discharge outlets, points of wastewater inflow; production facilities discharging wastewater directly into water sources within the scale specified in the permit for each river section as defined in Article 20 of this Circular;

f) Proposing management solutions, tasks for protecting water source corridors, land filling, encroachment on riverbanks, ensuring water flow, supervising and controlling wastewater discharge into water sources to maintain water source functions, and other measures to protect and restore water quality for intended uses.

3. The results of determining requirements for protecting water resources against aquatic ecosystems must reflect the following contents:

a) List of integrated planning areas with aquatic ecosystems that need to be conserved;

b) List of water sources with aquatic ecosystems that need to be conserved in the areas specified in point a of this clause;

c) Determining the minimum water volume necessary to ensure normal development of aquatic ecosystems based on the minimum flow maintenance volume specified in Clause 5, Article 21 of this Circular and other appropriate measures suitable for the conditions of aquatic ecosystems in each area;

d) Proposing solutions to maintain water flow to ensure the normal development of aquatic ecosystems.

Article 26. Determining areas affected by pollution, degradation, depletion; assessing water quality trends, zoning water quality; determining works and non-engineering measures to protect, restore polluted or degraded, depleted water sources to ensure the functions of water sources.

1. The determination of areas affected by water quality pollution and degradation and the assessment of water quality trends, zoning water quality shall be based on the results of water quality assessments as stipulated in Clause 2 and Clause 5, Article 17 of this Circular.

2. The determination of areas with surface water and groundwater sources suffering from quantity degradation, depletion shall be carried out as follows:

a) For surface water sources, based on the assessment of quantity trends at surface water resource monitoring stations and hydrological stations, areas with surface water sources suffering from quantity degradation shall be identified, and areas where the quantity has severely declined to the point of being unable to meet water extraction and usage needs and maintain aquatic ecosystems (if applicable) shall be determined.

b) For groundwater sources, based on the assessment of groundwater level declines at groundwater resource monitoring stations, areas with continuously declining groundwater levels that cannot recover shall be identified.

3. Proposing related works and non-engineering measures for protecting and restoring polluted or degraded, depleted water sources such as monitoring wastewater discharge into water sources, monitoring compliance with minimum flow requirements, groundwater extraction thresholds, water quality monitoring, delineating restricted groundwater extraction zones, and other appropriate non-engineering measures.

Article 27. Determining riverbank areas subject to erosion or at risk of erosion; evaluating the situation, trends, and causes of riverbank erosion; assessing the overall effectiveness and impact of works and non-engineering measures to prevent, control, and mitigate erosion caused by water; determining works and non-engineering measures to reduce riverbank erosion caused by water.

1. Determining and compiling a list of riverbank areas subject to erosion or at risk of erosion shall be based on the actual conditions of areas affected by erosion and those at risk due to dredging, channel and bank modification activities; material stockpiling; construction of hydraulic structures; sand and gravel extraction and other mineral resources; inland waterway transportation, and other activities (if applicable).

2. Based on the results determined under Clause 1 of this Article, assess the trend of riverbank erosion, the extent of its impact on residential areas, infrastructure, and economic sectors; provide a general assessment of the current status of works and non-engineering measures for preventing, controlling, and mitigating erosion caused by water.

3. Proposing related works and non-engineering measures for preventing, controlling, and mitigating erosion or at risk of erosion caused by water such as establishing water source protection corridors, revetments, sediment management tools, and other appropriate works and non-engineering measures.

Article 28. Determining areas subject to land subsidence or at risk of subsidence due to groundwater exploration and extraction; evaluating the situation, trends, and causes of land subsidence; assessing the overall effectiveness and impact of works and non-engineering measures to prevent, control, and mitigate land subsidence or at risk of subsidence due to groundwater exploration and extraction; determining works and non-engineering measures to reduce land subsidence caused by groundwater exploration and extraction.

1. Determining and compiling a list of areas subject to land subsidence or at risk of subsidence shall be based on the actual conditions of areas affected by subsidence or at risk due to groundwater exploration and extraction activities.

2. Based on the results determined under Clause 1 of this Article, assess the trend of land subsidence caused by groundwater exploration and extraction activities and their impact on residential areas, infrastructure, and economic sectors; provide a general assessment of the current status of works and non-engineering measures for preventing, controlling, and mitigating land subsidence caused by groundwater exploration and extraction activities.

3. Proposing related works and non-engineering measures for preventing, controlling, and mitigating land subsidence or at risk of subsidence due to groundwater exploration and extraction such as identifying alternative and supplementary artificial groundwater sources, proposing areas requiring delineation of restricted groundwater extraction zones, and other appropriate works and non-engineering measures.

Article 29. Determining saline intrusion areas due to exploration and exploitation of underground water; assessing the situation, development trends, and causes of saline intrusion; evaluating the overall effectiveness and impacts of works and non-engineering measures for preventing, combating, and mitigating saline intrusion caused by exploration and exploitation of underground water; determining works and non-engineering measures to reduce saline intrusion due to exploration and exploitation of underground water.

1. Determining and compiling a list of saline intrusion areas shall be based on the actual conditions of areas with aquifers that have been affected by saline intrusion due to exploration and exploitation of underground water.

2. Based on the results determined under Clause 1 of this Article, assess the development trend of saline intrusion in aquifers due to exploration and exploitation of underground water and the extent of its impact on residential areas, infrastructure, and economic sectors; evaluate the current status of works and non-engineering measures for preventing, combating, and mitigating saline intrusion in aquifers caused by exploration and exploitation of underground water.

3. Propose relevant works and non-engineering measures for preventing, combating, and mitigating saline intrusion in aquifers caused by exploration and exploitation of underground water, such as proposing alternative water sources, plugging and sealing wells at risk of causing saline intrusion in aquifers, proposing areas requiring delineation of restricted zones for underground water extraction, and other appropriate works and non-engineering measures.

Article 30. Determining the monitoring system for water resources, water extraction and use, water quality, and wastewater discharge monitoring.

1. The determination of the monitoring system for water resources, water extraction and use, water quality, and wastewater discharge monitoring shall be carried out as follows:

a) Inheriting existing water resource monitoring stations, water extraction and use monitoring stations, water quality monitoring stations, and wastewater discharge monitoring stations that have been constructed and approved by competent state authorities.

b) In cases not covered by point a of this clause, determine additional monitoring stations for water resources, water extraction and use, water quality, and wastewater discharge monitoring based on the results of river segmentation specified in Clause 3 of Article 20 of this Circular; the results of identifying polluted and degraded water quality areas, areas with reduced water quantity and depleted water sources specified in Clauses 1 and 2 of Article 26 of this Circular.

2. The determination of the monitoring system for water resources, water extraction and use, water quality, and wastewater discharge monitoring as stipulated in Clause 1 of this Article must ensure compatibility with available resources during the planning period, meeting the requirements for monitoring designated river sections, polluted and degraded water quality areas, reduced water quantity areas, and depleted water sources.

Article 31. Determining measures for implementing water allocation, protecting water resources, and preventing, combating, and mitigating adverse effects caused by water.

1. Determine measures for implementing water allocation to ensure consistency with the results of water allocation for various water extraction and use needs as specified in Articles 21 and 23 of this Circular.

2. Determine measures to ensure the flow of water, space within and along the riverbeds, maintaining minimum river flows, setting limits for aquifer extraction; restoring polluted or degraded water sources to ensure their functions, and other measures to protect water resources consistent with the results of water resource protection as specified in Articles 25 and 26 of this Circular.

3. Determine measures to prevent, combat, minimize, and mitigate riverbank erosion, land subsidence, and saline intrusion or potential risks thereof caused by exploration and exploitation of underground water, ensuring consistency with the results specified in Articles 27, 28, and 29 of this Circular.

4. Propose and adjust tasks and operational procedures of works for water extraction, use, and protection of water resources, prevention, combating, and mitigation of adverse effects caused by water, and water regulation and allocation plans suitable for abnormal water conditions influenced by climate change when necessary to implement the measures stipulated in this Article.

Article 32. Determining Budget, Plan, and Implementation Schedule

1. Budget for implementing the master plan:

a) Identify the main tasks to be carried out during the planning period;

b) Analyze, evaluate, and determine the priority order for implementing tasks at each stage within the planning period;

c) Determine the budget for implementing the master plan at each stage within the planning period.

2. Establishing the implementation plan and schedule for the master plan.

Article 33. Developing Comprehensive Basin Planning Products

1. The product dossier includes:

a) An integrated report containing the strategic environmental assessment content, as stipulated in Clause 2 of this Article, accompanied by a summary report;

b) A strategic environmental assessment report in accordance with laws on environmental protection;

c) A comprehensive map of current water resources status (digital and printed maps), scale 1:100,000 or 1:200,000. The selection of map scale is based on the level of detail of current water resource data in the planning area, chosen appropriately according to the provisions of Clause 3 of this Article;

d) A comprehensive basin planning map for inter-provincial rivers and inter-provincial water sources (digital and printed maps), scale 1:100,000 or 1:200,000, ensuring consistency with the map scale specified in point c of this clause and established based on the provisions of Clause 4 of this Article;

đ) A database for implementing the planning as prescribed in Clause 5 of this Article and a set of digital models for comprehensive basin planning;

e) Draft presentation papers, draft decisions approving the comprehensive basin planning;

g) A list of water regulation, exploitation, utilization, and development works (current status and planning);

h) Other products required for management purposes (if applicable).

2. The comprehensive basin planning report includes all contents stipulated from Article 17 to Article 32 of this Circular.

3. The content of the comprehensive map of current water resources status is established based on:

a) National topographic map base data with scales appropriate to the maps specified in point c of Clause 1 of this Article;

b) The comprehensive basin planning area;

c) Information and data on existing water resources;

d) Water resource evaluation results;

đ) River sections where landslides have occurred; areas where land subsidence and saline intrusion into aquifers have occurred;

e) Topographic elements must comply with geographic information regulations issued by the Ministry of Natural Resources and Environment. Topographic base elements are reduced by 15% to 25% to ensure priority representation of the elements specified in points b, c, d, and đ of this clause;

g) Map title format, frame size, object display dimensions, and annotation position are presented according to the Minister of Natural Resources and Environment's Circular No. 11/2014/TT-BTNMT dated February 17, 2014, for maps at a scale of 1:200,000; Circular No. 10/2014/TT-BTNMT dated February 17, 2014, for maps at a scale of 1:100,000.

4. The content of the comprehensive basin planning map for inter-provincial rivers and inter-provincial water sources is established based on the layers of information specified in Clause 3 of this Article and prioritizes the following layers of information:

a) The amount of water that can be exploited and utilized in the river basin and sub-basin of the comprehensive basin planning;

b) Minimum flow at designated locations on the river;

c) Permissible depth limits for aquifer layers;

d) Areas requiring additional surface water storage for water needs; positions of backup water sources, water transfer positions between sub-basins of the comprehensive basin planning (if applicable);

đ) Lakes, ponds, wetlands, upstream forest areas needing protection;

e) Areas capable of artificial supplementation for groundwater (if applicable).

5. Content of the database for comprehensive basin planning:

a) Database of comprehensive basin planning meeting general requirements of the national information and data system on planning;

b) Displaying the content of comprehensive basin planning on a digital map base to integrate into the national information and data system on planning.

Article 34. Adjustment of the integrated river basin planning

1. The adjustment of the integrated river basin planning must comply with the provisions set out in Clause 10, Article 5 of the Law amending and supplementing certain articles of 37 related laws on planning.

2. The process of adjusting the integrated river basin planning shall implement the following contents:

a) Evaluate the results of implementing the previous period's integrated river basin planning;

b) Determine the contents of the integrated river basin planning that need to be adjusted;

c) The methods and techniques for implementing the adjustment of the contents of the integrated river basin planning must comply with the provisions of this Circular.

Chapter IV

IMPLEMENTING PROVISIONS

Article 35. Transitional Provisions

1. Water resource planning which has been decided or approved by competent state agencies according to the law before the Planning Law 2017 comes into effect (January 1, 2019) shall be implemented in accordance with Clause 1, Article 59 of the Planning Law 2017.

2. Water resource planning which has been prepared and reviewed before the Planning Law 2017 comes into effect but has not yet been decided or approved shall be implemented in accordance with Clause 2, Article 59 of the Planning Law 2017.

Article 36. Effectiveness and Implementation

1. This Circular takes effect from July 20, 2020 and replaces Circular No. 42/2015/TT-BTNMT dated September 29, 2015 of the Minister of Natural Resources and Environment stipulating technical regulations for water resource planning. In cases where the legal normative documents referred to for application in this Circular are amended, supplemented, or replaced, they shall be implemented according to the provisions of the amended, supplemented, or replacing documents.

2. The Director of the National Water Resources Management Agency shall organize guidance and inspection of the implementation of this Circular.

3. Ministries, ministerial-level agencies, government agencies, provincial people's committees under the central government, and organizations and individuals related to this matter are responsible for implementing this Circular./.