Joint Circular No. 11/1997/TTLT/NN-CN guiding the State management of underground resources

JOINT CIRCULAR

GUIDELINES FOR THE STATE MANAGEMENT OF UNDERGROUND WATER RESOURCES

Pursuant to Decree 73/CP dated November 1, 1995 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to Decree 74/CP dated November 1, 1995 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry;
Pursuant to Directive 487/TTg dated July 30, 1996 of the Prime Minister on strengthening state management over water resources;
Pursuant to Document No. 5073/KTN dated October 8, 1996 of the Office of the Government regarding the opinion of the Prime Minister on the transfer of the task of state management of underground water resources from the Ministry of Industry to the Ministry of Agriculture and Rural Development.
The Ministry of Agriculture and Rural Development and the Ministry of Industry provide guidelines for state management of underground water resources, including the following contents:

I. CONTENTS OF STATE MANAGEMENT OF UNDERGROUND WATER RESOURCES

1. Developing national strategies, policies, plans, programs for basic surveys, exploration, exploitation, utilization, management, development, and protection of underground water resources.

2. Drafting legal documents, regulations, standards concerning underground water.

3. Inventorying, establishing databases on underground water resources, and registering exploitation works of underground water.

4. Balancing and distributing underground water.

5. Reviewing and approving projects and reports on underground water exploration.

6. Issuing, adjusting, and revoking permits for underground water exploration and exploitation.

7. Inspecting, auditing, and handling violations related to underground water exploration, exploitation, utilization, protection, and environmental management according to the law.

8. Resolving disputes, complaints, and litigation regarding rights to explore, exploit, and utilize underground water.

10. 9. International cooperation in basic surveys, exploration, exploitation, utilization, management, and protection of underground water resources; implementing international treaties on underground water resources to which Vietnam is a party. Promoting, educating the community on the protection, exploitation, and utilization of underground water resources.

II. RESPONSIBILITIES AND RELATIONSHIPS BETWEEN THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT AND THE MINISTRY OF INDUSTRY IN MANAGING UNDERGROUND WATER RESOURCES

1. Responsibilities:

1.1. Ministry of Agriculture and Rural Development:

- The Ministry of Agriculture and Rural Development shall undertake unified state management of underground water resources according to the contents outlined in Part I above starting from November 1, 1996 (excluding basic geological surveys, national monitoring of underground water dynamics, and state management of mineral water and natural hot water).

- The Directorate of Water Resources Management and Hydraulic Engineering Projects shall assist the Ministry of Agriculture and Rural Development in performing state management functions over underground water resources, receiving applications, organizing reviews of underground water exploration and exploitation activities, and presenting them to the Minister for decision-making or being authorized by the Minister to make decisions.

1.2. Ministry of Industry:

- The Ministry of Industry shall conduct basic geological surveys of underground water resources according to the State plan, organize a national monitoring network for underground water dynamics; coordinate with the Ministry of Agriculture and Rural Development and provincial People's Committees in developing plans for underground water exploitation, utilization, and protection; manage state affairs concerning mineral water, natural hot water, and basic geological surveys of underground water resources.

- The Vietnam Geological and Mineral Resources Directorate shall assist the Ministry of Industry in performing state management functions over basic geological surveys of underground water resources and national monitoring of underground water dynamics, mineral water, and natural hot water.

2. Relationships between the Ministry of Agriculture and Rural Development and the Ministry of Industry:

2.1. Regarding basic geological surveys of underground water resources:

- Annually, the Ministry of Agriculture and Rural Development proposes requirements and plans for basic geological surveys and underground water monitoring plans to the Ministry of Industry for the latter to compile and submit to the Government for approval.

- The Ministry of Industry shall take the lead in coordinating with the Ministry of Agriculture and Rural Development to review proposals and reports on basic geological surveys of underground water and underground water monitoring.

- The Ministry of Industry shall provide annual geological survey and underground water monitoring data and necessary appendices to support underground water management upon request from the Ministry of Agriculture and Rural Development, in accordance with the provisions on submission and provision of geological and mineral resource materials issued together with Decision No. 127/QĐ-ĐCKS dated January 16, 1997 of the Minister of Industry.

- In concentrated underground water extraction areas or regions where economic activities affect the quality and quantity of underground water, apart from the national underground water monitoring network, the Ministry of Agriculture and Rural Development shall take the lead in coordinating with the Ministry of Industry, the Ministry of Science, Technology, and Environment, and relevant agencies to propose specialized underground water monitoring networks to be submitted to the Prime Minister for approval.

2.2. Regarding balancing, distribution, and planning of underground water extraction:

The Ministry of Agriculture and Rural Development shall take the lead and coordinate with localities and relevant agencies to determine the exploitable reserves of underground water, balance and plan underground water extraction, utilization, protection, and artificial replenishment in river basins or territories with complex hydrogeological structures requiring significant water extraction, to be submitted to the Prime Minister for approval, or approved within its authority and organized for implementation.

2.3. The Ministry of Agriculture and Rural Development and the Ministry of Industry shall regularly inform each other about information on underground water surveys, exploration, extraction, utilization, management, and protection.

III. RESPONSIBILITIES OF PROVINCE DEPARTMENTS OF AGRICULTURE AND RURAL DEVELOPMENT IN MANAGING UNDERGROUND WATER RESOURCES

1. The Department of Agriculture and Rural Development is responsible for assisting the People's Committee of the province or centrally governed city in performing the State management function over underground water resources, participating in reviewing economic and social development projects related to the exploitation, utilization, and protection of underground water resources in their respective localities.

2. The Department of Agriculture and Rural Development shall take the lead and coordinate with relevant agencies to establish plans for exploration, exploitation, utilization, and protection of underground water in river basins or regions within their provincial or municipal boundaries, in accordance with the guidance of the Ministry of Agriculture and Rural Development, and submit them to the People's Committee of the province for approval.

3. The Department of Agriculture and Rural Development shall implement Decision No. 357NN-QLN/QD dated March 13, 1997 of the Minister of Agriculture and Rural Development, and be responsible for managing drilling exploration and underground water exploitation activities, inspecting and supervising drilling exploration and underground water exploitation work, especially implementing strict management measures for private drilling teams according to the Interim Regulations on the Implementation of Permit Systems for Underground Water Exploration, Exploitation, Drilling Profession, and Registration of Underground Water Extraction Projects.

IV. IMPLEMENTATION

1. At the Central Level:

The Water Management and Irrigation Works Administration under the Ministry of Agriculture and Rural Development and the Vietnam Geological and Mineral Resources Administration under the Ministry of Industry shall be accountable to their respective Ministries for carrying out the contents stipulated in Section II of this Circular.

2. At the Local Level:

- The People's Committee of the province or centrally governed city is responsible for performing State management over underground water resources within its territorial jurisdiction.

- The Department of Industry is responsible for transferring the State management functions over underground water resources, exploration files, exploitation documents, and underground water extraction permit issuance records to the Department of Agriculture and Rural Development.

3. Effective Date:

- This Circular shall take effect fifteen days from the date of issuance. All previous regulations that conflict with this Circular are hereby abolished.

During the implementation of this Circular, if there are any issues requiring adjustment or supplementation, the implementing agency shall report in writing to the two Ministries for study and resolution.