Circular No. 05/2024/TT-BTNMT on the relocation, change of location, and dissolution of groundwater resource monitoring stations

CIRCULAR

Regulations on the Relocation, Change of Location, and Dissolution of Underground Water Resources Monitoring Stations 

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 Department of Water Resources Management and the General Director of the National Center for Water Resources Planning and Investigation;

The Minister of Natural Resources and Environment issues this Circular to regulate the relocation, change of location, and dissolution of underground water resources monitoring stations.

 

Chapter I GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides detailed regulations on the relocation, change of location, and dissolution of underground water resources monitoring stations as stipulated in Point d Clause 1 Article 51 of the Law on Water Resources.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals related to the relocation, change of location, and dissolution of underground water resources monitoring stations throughout the country.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. An underground water resources monitoring station includes one or more technical components such as observation points, monitoring facilities, station houses, facility protection systems, technical safety corridors, and other auxiliary works depending on management requirements and construction land area.

2. The relocation or change of location of an underground water resources monitoring station involves moving part or all of the existing monitoring station out of its current location while ensuring the continuity and synchronization of the monitoring data chain; ensuring the provision of information and data about the monitored object to serve state management work.

3. The current monitoring location includes the entire area of land for construction and operation of the monitoring station.

4. The dissolution of an underground water resources monitoring station involves implementing relevant legal and technical regulations and procedures to terminate monitoring activities according to the decision of the competent authority.

Article 4. General Principles

1. The relocation, change of location, and dissolution of underground water resources monitoring stations must comply with legal provisions and ensure the inheritance of asset management, finance, organizational structure, and personnel of public institutions assigned to perform tasks; be consistent with the trends and requirements of each stage of socio-economic development.

2. When relocating, changing location, or dissolving a monitoring station, consideration should be given to integrating it as much as possible with the meteorological, hydrological, environmental monitoring network, and other related fields to ensure inheritance and utilization of existing technical infrastructure and monitoring staff.

3. The new location must be in accordance with planning; ensure the continuity and synchronization of the monitoring data chain; ensure the provision of information and data about the monitored object to serve state management work.

4. Organizations and individuals directly or indirectly causing the underground water resources monitoring station to no longer meet the task requirements must move, change location, or dissolve the station and are responsible for compensation in accordance with the law.

Article 5. Procedures for Implementing the Relocation, Change of Location, and Dissolution of Underground Water Resources Monitoring Stations

1. The unit entrusted with management and operation shall prepare a report on the current status and propose a handling plan to submit to the competent authority for decision.

2. The competent authority shall examine and decide to approve the policy, report, and plan for the relocation, change of location, or dissolution of the monitoring station and assign tasks to the implementing unit.

3. The unit entrusted with the task of organizing the implementation of the relocation, change of location, or dissolution of the monitoring station shall carry out the work according to the approved decision.

4. Connect and update monitoring station information and data into the water resources information system and database.

Chapter II MOVEMENT AND CHANGE OF LOCATION OF UNDERGROUND WATER MONITORING STATIONS

Article 6. Circumstances Requiring Movement or Change of Location

1. There is a decision to reclaim land for national defense, security purposes; for economic and social development in the public interest, including the reclamation of land areas for constructing monitoring stations.

2. The monitoring station is damaged and cannot be repaired to meet the monitoring objectives.

3. Due to natural impacts and socio-economic activities, the monitoring station no longer meets its design goals and tasks.

Article 7. Conditions for Considering Decisions on Movement and Change of Location

1. The replacement location does not change the monitored object; has similar hydrogeological conditions; does not alter the consistency of the monitoring network.

2. The replacement location ensures long-term stability regarding land conditions.

Article 8. Implementation of Movement and Change of Location of Monitoring Stations

1. Survey and prepare a report on survey results:

a) Collect, analyze, and process information: Natural geographic conditions, socio-economic conditions, provincial planning; hydro-meteorological characteristics, hydrogeological features, factors affecting underground water resources at the proposed construction site;

b) Conduct construction condition surveys: current land use status, topography, construction conditions; seek approval from competent authorities for land use for construction; conduct detailed measurements of the proposed construction site;

c) Prepare a report on survey results.

2. Prepare reports, budget estimates, plans for moving and changing the location of monitoring stations, submit to competent authorities for approval.

3. Prepare the construction site; implement compensation and land clearance for cases where land is reclaimed for building the station.

4. Organize construction work.

5. Install monitoring equipment; conduct trial operation for a continuous period of no less than three (03) months; prepare a report evaluating the monitoring and trial operation results; connect and update monitoring station information and data into the water resource information system and database. For unused wells, plugging must be carried out according to regulations.

6. Develop an operational plan and submit it to the competent authority for approval.

7. Acceptance of the project, equipment, and handover to the operating management unit.

8. Prepare documents as stipulated in Article 9 of this Circular and submit them to the competent authority and the operating unit.

Article 9. Documents for Movement, Change of Location, and Official Operation

1. Documents for movement and change of location:

a) A proposal from the assigned unit responsible for implementation;

b) A report on the current status of the monitoring station to be moved or relocated according to Model No. 01 issued with this Circular;

c) A decision document approving the policy of movement or relocation from the competent authority;

d) A report on the results of the survey for movement or relocation according to Model No. 02 issued with this Circular;

đ) A review document of the report, budget estimate, and plan for movement or relocation of the monitoring station;

e) Documents for sealing unused wells in cases of relocation involving drilling;

g) A report on the trial operation results in cases of movement or replacement of monitoring facilities according to Model No. 03 issued with this Circular;

h) Completion documents for the movement and change of components of the monitoring station;

i) Approval documents from competent authorities or organizations regarding permission to use land as prescribed by the Land Law.

2. Documents for official operation:

a) A proposal from the assigned unit responsible for implementation;

b) Relevant legal documents concerning movement or relocation;

c) Decision on land allocation or lease by the competent authority or a copy of the Land Use Right Certificate;

d) Completion documents and acceptance records of the project and equipment;

đ) A report on the operational plan according to Model No. 04 issued with this Circular;

e) Decision approving the official operational plan.

Chapter III DISSOLUTION OF UNDERGROUND WATER RESOURCES MONITORING STATIONS

Article 10. Circumstances for Dissolution of Monitoring Stations

1. The monitoring station is no longer suitable for the overall planning of basic investigation of water resources or provincial planning.

2. It is necessary to relocate or change the location of the monitoring station but there is no appropriate replacement site to ensure technical requirements, safety, and stability of the facility.

Article 11. Implementation of Dissolution of Monitoring Stations

1. Handle assets in accordance with laws on management and use of public property and other relevant laws.

2. In cases where the monitoring facility is a borehole, implement plugging and sealing according to regulations.

3. Resolve other related issues in accordance with regulations.

4. Prepare a dissolution report and archive the files.

Article 12. Dissolution Files of Monitoring Stations

1. A proposal from the unit entrusted to take the lead in implementation.

2. A dissolution report of the monitoring station according to Model No. 05 issued together with this Circular.

3. Related documents.

Chapter IV RESPONSIBILITIES OF AUTHORITIES AND UNITS

Article 13. Responsibilities of the Ministry of Natural Resources and Environment in Relocating, Changing Locations, and Dissolving Underground Water Resources Monitoring Stations

1. Decide on relocation, changing locations, and dissolution of underground water monitoring stations within its jurisdiction.

2. Implement organizational and personnel arrangements for dissolved monitoring stations in accordance with the law.

3. Entrust the Water Resources Management Agency to primarily review plans and tasks for relocating, changing locations, and dissolving underground water monitoring stations under the Ministry's jurisdiction; guide the implementation of relocation, changing locations, and dissolution of underground water monitoring stations nationwide.

4. Entrust subordinate agencies and units to carry out:

a) Manage and operate the monitoring station after relocation or change of location; periodically review the operational status of the monitoring network; report to the Ministry the results of the review and propose a list of underground water monitoring stations that need to be relocated, changed locations, or dissolved, along with any urgent related issues;

b) Submit to the Ministry of Natural Resources and Environment plans and tasks for relocating, changing locations, and dissolving underground water monitoring stations consistent with the overall planning for basic investigation of water resources;

c) Implement the relocation, changing locations, and dissolution of underground water monitoring stations according to the approved decision of the Ministry of Natural Resources and Environment;

d) Carry out plugging and sealing of unused wells; propose staffing and personnel arrangement plans during the implementation process in accordance with regulations;

đ) Coordinate with the People's Committees of districts and communes where the underground water monitoring stations are located, and related agencies in protecting and ensuring the safety of the monitoring stations and other related responsibilities.

Article 14. Responsibilities of Local Authorities in Relocating, Changing Locations, and Dissolving Underground Water Resources Monitoring Stations

1. Provincial People's Committees (hereinafter referred to as Provincial People's Committee):

a) Decide on relocation, changing locations, and dissolution of underground water monitoring stations within their jurisdiction.

b) Implement organizational and personnel arrangements for dissolved monitoring stations in accordance with the law.

2. Department of Natural Resources and Environment:

a) Manage and operate the monitoring station after relocation or change of location; periodically review the operational status of the monitoring network; report to the Provincial People's Committee the results of the review and propose a list of underground water monitoring stations that need to be relocated, changed locations, or dissolved, along with any urgent related issues;

b) Submit to the Provincial People's Committee plans and tasks for relocating, changing locations, and dissolving underground water monitoring stations within their jurisdiction;

c) Implement the relocation, changing locations, and dissolution of underground water monitoring stations according to the approved decision of the Provincial People's Committee;

d) Carry out plugging and sealing of unused wells; propose staffing and personnel arrangement plans during the implementation process in accordance with regulations;

đ) Coordinate with the People's Committees of districts and communes where the underground water monitoring stations are located, and related agencies in protecting and ensuring the safety of the monitoring stations and other related responsibilities.

Article 15. Responsibilities of organizations and individuals

1. Organizations and individuals implementing projects where the project area overlaps with the area of underground water resource monitoring stations shall notify the management unit of the monitoring station before commencing the project; pay any incurred costs, including costs related to the station's location, surveying, constructing replacement monitoring stations; costs for appraisal, inspection, and other legitimate costs approved by competent authorities.

2. Organizations and individuals directly or indirectly causing the relocation or change of position of underground water resource monitoring stations shall be responsible for compensation in accordance with the law.

3. In cases where a replacement location cannot be selected, compensation must be paid for the investment cost of building the station and costs related to information and data as prescribed by law.

Chapter V IMPLEMENTATION PROVISIONS

Article 16. Transitional Provisions

For monitoring stations that have been relocated, changed positions, or dissolved prior to the effective date of this Circular, they shall continue to be implemented according to the Decisions already approved by competent authorities.

Article 17. Effective Date

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

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

3. During the implementation process, if there are difficulties, they should promptly report to the Ministry of Natural Resources and Environment for study and amendment./.