Decree No. 167/2018/ND-CP on the restriction of underground water extraction

DECREE

Provisions on restricting the exploitation of underground water

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law TDecree on natural water resources on June 21, 2012;

At the proposal of the Minister of Natural Resources and Environment;

The Government promulgates the Decree providing for restrictions on the exploitation of underground water.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides for restrictions on the exploitation of underground water in areas containing fresh water within the territory of the Socialist Republic of Vietnam.

Article 2. Applicability

1. State management agencies related to delineating, announcing restricted areas for underground water exploitation and applying forms and measures to restrict underground water exploitation.

2. Organizations and individuals engaged in exploration, exploitation, and use of underground water that must have permits for exploration and exploitation according to Clause 1 and Clause 2 of Article 52 of the Law on Water Resources.

Article 3. Principles for delineation and application of measures to restrict underground water exploitation

1. Delineation and application of measures to restrict underground water exploitation must ensure compliance with all criteria for delineation and specific restriction measures for each area and region as stipulated in Articles 6, 7, 8, 9, and 10 of this Decree.

2. Principles for delineating restricted areas for underground water exploitation:

a) Ensuring consistency with the scale and nature of areas causing subsidence, collapse, pollution, intrusion of saltwater, depletion of underground water sources, characteristics of aquifers; adhering to relevant technical standards and economic-technical norms;

b) Boundaries of restricted areas for underground water exploitation must be reflected on maps delineating restricted areas for underground water exploitation established based on administrative or topographic maps at the same scale;

c) Strictly adhering to specific delineation criteria for each restricted area and region as prescribed in this Decree, laws on water resources, and other relevant laws, ensuring transparency and openness. No expansion of restricted areas beyond those specified in this Decree;

d) Information and data used as the basis for delineating restricted areas for underground water exploitation must be complete, clear, accurate, and truthful.

3. Principles for applying measures to restrict underground water exploitation:

a) Ensuring requirements for protecting underground water sources while also ensuring harmonization of the rights and legitimate interests of organizations and individuals involved, including compensation for losses and repayment of fees for water resource exploitation rights (if applicable) when permits for underground water exploitation and use are revoked for national interest or public interest as provided by law;

b) Strictly adhering to specific restriction measures applied to each restricted area and region and the sequence of implementation for each subject and case as stipulated in this Decree. No application of restriction measures different from those prescribed in this Decree;

c) Prioritizing domestic water supply and water supply for disaster prevention and mitigation;

d) Implementing approved plans and schedules to ensure uninterrupted water supply.

4. In cases where delineation or application of measures to restrict underground water exploitation does not comply with the criteria prescribed in this Decree, such measures must be suspended for review and adjustment to ensure compliance. If damage is caused to the legitimate interests of organizations and individuals exploiting underground water, compensation must be provided in accordance with the law.

Article 4. Classification of Restricted Groundwater Extraction Areas

1. The restricted groundwater extraction area (hereinafter referred to as the restricted area) is classified into the following areas:

a) Restricted Area 1;

b) Restricted Area 2;

c) Restricted Area 3;

d) Restricted Area 4;

đ) Mixed Restricted Area.

2. Each restricted area specified in Clause 1 of this Article includes one or more restricted groundwater extraction zones (hereinafter referred to as restricted zones) as defined in Clause 4 of Article 52 of the Water Resources Law and shall be defined as follows:

a) Restricted Area 1, including the zones specified in points c and d of Clause 4 of Article 52 of the Water Resources Law, delineated according to the provisions of Article 6 of this Decree;

b) Restricted Area 2, including the zones specified in point b of Clause 4 of Article 52 of the Water Resources Law, delineated according to the provisions of Article 7 of this Decree;

c) Restricted Area 3, including the zones specified in point đ of Clause 4 of Article 52 of the Water Resources Law, delineated according to the provisions of Article 8 of this Decree;

d) Restricted Area 4, including the zones specified in point a of Clause 4 of Article 52 of the Water Resources Law, delineated according to the provisions of Article 9 of this Decree;

đ) In cases where restricted zones within the restricted areas specified in points a, b, c, and d of this clause overlap, the overlapping area shall be classified as a Mixed Restricted Area.

Article 5. Forms and Measures for Restricting Groundwater Extraction

1. The application of forms of restricting groundwater extraction as stipulated in Clause 5 of Article 52 of the Water Resources Law must be based on the classification of restricted groundwater extraction areas as provided in Article 4 of this Decree, the current status of water extraction and use, and decided by competent state agencies through the implementation of specific measures for restricting groundwater extraction as prescribed in Articles 6, 7, 8, 9, and 10 of this Decree.

2. The implementation of measures for restricting groundwater extraction must follow a specific plan and timeline as set out in Article 13 of this Decree, except in cases of emergencies such as land subsidence, collapse, or other urgent situations requiring well sealing to address the emergency.

3. When implementing measures for restricting groundwater extraction that involve well sealing, it shall be carried out according to the regulations on handling and sealing unused wells (hereinafter referred to as the regulations on handling and sealing wells); in cases involving the issuance, extension, adjustment, revocation, and reissuance of water resources exploitation permits, it shall be implemented in accordance with the laws on water resources.

Chapter II

SPECIFIC PROVISIONS

Article 6. Delineation and Application of Measures for Restricting Extraction in Restricted Area 1

1. The delineation of Restricted Area 1 shall be conducted for the following areas:

a) Areas where land subsidence and collapse incidents have occurred (hereinafter referred to as subsidence and collapse areas);

b) Areas with saline boundaries and total dissolved solids (TDS) levels of 1,500 mg/l or higher;

c) Areas with centralized solid waste disposal sites as regulated by laws on planning, construction, and environmental protection;

d) Areas with groundwater extraction wells contaminated, adversely affecting human health and wildlife, without technological solutions to ensure compliance with national technical standards for drinking and domestic water quality;

đ) Areas with centralized cemeteries or other areas posing risks of groundwater contamination as decided by the People's Committees of provinces and centrally-administered cities (hereinafter referred to as provincial-level People's Committees).

2. The delineation range of restricted zones includes the ranges of the areas specified in Clause 1 of this Article and adjacent areas to each of these areas, as specifically provided in Clause 3 of this Article.

3. Based on the extent, nature, and severity of land subsidence and collapse incidents, the current quality of groundwater, and risks of contamination and salinity intrusion, adjacent areas are defined as follows:

a) Not exceeding 500 meters from the boundary of the subsidence and collapse area for the case specified in point a of Clause 1 of this Article;

b) Not exceeding 1,000 meters from the saline boundary for the aquifer layer with a saline boundary specified in point b of Clause 1 of this Article;

c) Not exceeding 3,000 meters from the boundary of the centralized solid waste disposal site for the case specified in point c of Clause 1 of this Article;

d) For the case of contaminated well areas specified in point d of Clause 1 of this Article, the delineation range shall be carried out according to the provisions of Clause 4 of Article 7 of this Decree;

đ) For centralized cemetery areas and other areas posing risks of groundwater contamination, based on the risk and degree of contamination, the provincial-level People's Committee shall decide on the specific delineation range of adjacent areas;

e) For mountainous regions, ethnic minority areas, border areas, island areas, and areas with scarce fresh water, the provincial-level People's Committee shall decide on the delineation range of adjacent areas as specified in points a, b, c, and d of this clause.

4. Measures for restricting extraction in Restricted Area 1:

a) For the areas specified in Clause 1 of this Article, all existing groundwater extraction activities (if any) shall be halted and well handling and sealing shall be carried out according to the regulations;

b) For the adjacent areas specified in Clause 3 of this Article, no exploration or extraction permits shall be issued for new groundwater extraction facilities, and measures for restricting extraction as specified in points c, d, and đ of this clause shall be implemented for existing facilities;

c) In cases where facilities lack permits, in addition to administrative penalties as prescribed by law, operations shall be halted and well handling and sealing shall be carried out according to the regulations, except as provided in point d of this clause;

d) Underground water exploitation works supplying water for the purposes specified in point c, Clause 3, Article 3 of this Decree, which must have an underground water exploitation permit but do not have such a permit shall be granted a permit if they meet the conditions to obtain a permit under the law on natural resources, after complying with administrative penalty regulations prescribed by law;

đ) In cases where there is a permit, the exploitation may continue until the expiration date of the permit, and only be renewed, adjusted, or reissued for water supply works as stipulated in point c, Clause 3, Article 3 of this Decree if they meet the conditions for renewal, adjustment, or reissue of the permit according to the law on natural resources;

Article 7. Delimitation and application of measures to restrict exploitation in Zone 2

1. The delimitation of Zone 2 shall be carried out for the following areas and aquifers:

a) Porous aquifers in Hanoi City, Ho Chi Minh City, and localities in the Red River Delta and Mekong Delta regions;

b) For porous aquifers in localities not mentioned in point a of this clause, the provincial People's Committee shall decide on delimitation based on the scale, degree of underground water exploitation, degree of groundwater level decline, and requirements for protecting underground water sources in their jurisdiction;

c) Aquifers in basalt rock in localities in the Central Highlands region.

2. Based on the dynamic water levels in existing underground water extraction wells, areas with declining well water levels falling into any of the following situations shall be delimited into Zone 2:

a) Areas where the dynamic water level in extraction wells exceeds the permitted dynamic water level specified in the permit continuously for three months or more, except in cases where the well has severely deteriorated leading to excessive water level decline;

b) Areas where the dynamic water level in extraction wells exceeds the permitted dynamic water level specified in Clause 3 of this Article for wells belonging to works without permits or with permits that do not specify a permitted dynamic water level for each well.

3. The permitted dynamic water level for each well is measured from the ground surface around the well to half the thickness of the unconfined aquifer or to the top of the confined aquifer, but shall not exceed the following provisions:

a) For porous aquifers in localities in the Red River Delta region: Not exceeding 35 meters in the inner city area of Hanoi City and other cities and towns; not exceeding 30 meters in other areas;

b) For porous aquifers in Ho Chi Minh City and localities in the Mekong Delta region: Not exceeding 40 meters in the inner city area of Ho Chi Minh City and Can Tho City; not exceeding 35 meters in other cities and towns; not exceeding 30 meters in other areas;

c) For porous aquifers in areas not specified in points a and b of this clause: Not exceeding 30 meters;

d) For aquifers in basalt rock in localities in the Central Highlands region: Not exceeding 50 meters.

Underground water exploitation and utilization permits issued after this Decree takes effect must clearly state the permitted dynamic water level for each well. The maximum permitted dynamic water level specified in the permit shall be determined based on the results of the permit application review, but shall not exceed the provisions set forth in this clause.

4. The scope of delimitation of restricted areas includes the drilling wells, the surrounding area of the wells, and is defined as follows:

a) Not exceeding 200 meters for wells in underground water exploitation works with a flow rate from 10 m³/day-night to less than 200 m³/day-night;

b) Not exceeding 500 meters for wells in underground water exploitation works with a flow rate from 200 m³/day-night to less than 3,000 m³/day-night;

c) Not exceeding 1,000 meters for wells in underground water exploitation works with a flow rate from 3,000 m³/day-night or more.

In addition to delimiting the surrounding area of the well, it is necessary to determine the exploited aquifer layer of the well or the depth of the well exploitation to serve as the basis for determining the aquifer layer or depth range requiring restricted exploitation.

If, when delimiting according to the provisions of this clause, there are restricted areas separated by no more than 500 meters within the same aquifer layer or within the same exploitation depth range, they shall be combined into one restricted area.

5. Measures to restrict exploitation in Zone 2:

a) No permits shall be issued for exploration and exploitation to build new underground water extraction works;

b) In cases where the work does not have a permit, exploitation shall be stopped and well plugging carried out according to regulations, except for works exploiting water for uses as specified in point c, Clause 3, Article 3 of this Decree, which shall be implemented according to point d, Clause 4, Article 6 of this Decree;

c) In cases where the work already has a permit, exploitation shall be temporarily suspended according to regulations for wells with dynamic water levels exceeding the permitted dynamic water level, and the exploitation regime or extraction volume at those wells shall be adjusted accordingly.

Adjustments to the contents stipulated herein shall be made after completing the implementation of the measures specified in point b of this clause. If the dynamic water level in the well has recovered and no longer exceeds the permitted dynamic water level, adjustments shall not be made, and exploitation may continue according to the permit already issued.

Article 8. Delimitation and application of exploitation restriction measures in Restricted Zone 3

1. Based on the current status of centralized water supply system diagrams, including connection points, if residential areas or industrial zones fall into any of the following cases, they shall be delimited into Restricted Zone 3:

a) Already connected to the centralized water supply system, ensuring water demand in terms of time, flow rate, and water quality suitable for intended uses;

b) Not yet connected but have nearby connection points of the centralized water supply system and are ready to provide clean water, ensuring water demand in terms of time, flow rate, and water quality suitable for intended uses.

2. The scope of delimitation of restricted areas as stipulated in Clause 1 of this Article includes the scope of existing residential areas or industrial zones or those that have been approved in planning.

3. Exploitation restriction measures in Restricted Zone 3:

a) No permits shall be issued for exploration and exploitation to build new underground water extraction works;

b) For works without a permit, exploitation must cease and well plugging and sealing must be carried out according to regulations, except in cases where the work exploits water for purposes specified in point c, Clause 3, Article 3 of this Decree, which shall be implemented according to point d, Clause 4, Article 6 of this Decree;

c) For works with a permit, exploitation may continue until the expiration date of the permit and new permits may be issued, extended, adjusted, or reissued if conditions for issuance, extension, adjustment, or reissuance are met according to laws on water resources.

Article 9. Delimitation and application of exploitation restriction measures in Restricted Zone 4

1. On the basis of the results of delimitation of restricted areas as stipulated in Clause 2, Article 8 of this Decree, if residential areas or industrial zones not included in Restricted Zone 3 are within 1,000 meters from rivers, streams, canals, ditches, reservoirs (hereinafter referred to as surface water sources), and such surface water sources meet the following conditions, they shall be delimited into Restricted Zone 4:

a) Have the function of supplying domestic water or are planned to supply domestic water;

b) Have stable flow regimes, minimum flow rates of 10 m³/s or more for rivers, streams, canals, ditches, or total capacity of 10 million m³ or more for reservoirs;

c) Have water quality meeting national technical standards for surface water column A1 or higher.

2. The scope of delimitation of restricted areas includes the scope of existing residential areas or industrial zones or those that have been approved in planning and meet the conditions stipulated in Clause 1 of this Article.

3. Exploitation restriction measures in Restricted Zone 4:

a) No permits will be granted for exploration and exploitation to construct new underground water extraction facilities with an exploitation scale of 10,000 m³/day or more, except in cases where the facility exploits water for purposes specified in point c, Clause 3, Article 3 of this Decree;

b) For works without a permit, exploitation activities must stop, permits may be granted according to regulations, and exploitation may only occur when a permit has been granted;

c) For works with a permit, exploitation may continue until the expiration date of the permit and new permits may be issued, extended, adjusted, or reissued if conditions for issuance, extension, adjustment, or reissuance are met according to laws on water resources.

Article 10. Delimitation and application of measures to restrict exploitation in the Mixed Restricted Zone

1. Based on the results of delimiting restricted areas as stipulated in Articles 6, 7, 8, and 9 of this Decree, where there are overlapping restricted areas, the overlapping area shall be delimited into the Mixed Restricted Zone.

2. The scope of delimiting the Mixed Restricted Zone includes the overlapping area of the restricted zones.

3. Measures to restrict exploitation in the Mixed Restricted Zone:

The application of measures to restrict exploitation in the Mixed Restricted Zone shall be decided based on the corresponding measures for restricting exploitation in each zone as stipulated in Articles 6, 7, 8, and 9 of this Decree, in accordance with the order specified in Clause 1 of Article 4 of this Decree.

Article 11. Establishment of the List and Map of Restricted Zones for Underground Water Exploitation

1. Based on the provisions of Articles 6, 7, 8, 9, and 10 of this Decree, the Department of Natural Resources and Environment of provinces and centrally governed cities (hereinafter referred to collectively as the Department of Natural Resources and Environment) shall organize the investigation, statistics, compilation of information and data, and delimitation of restricted zones and areas for underground water exploitation within their jurisdiction; classify and compile the restricted areas and zones, determine the measures to restrict exploitation, establish the List of Restricted Zones for Underground Water Exploitation, and prepare the Map of Restricted Zones for Underground Water Exploitation.

2. The List of Restricted Zones for Underground Water Exploitation must include a list of each restricted zone and area within that zone. Each restricted zone and area must include the following main contents:

a) Restricted exploitation area;

b) Administrative scope of restricted exploitation;

c) Depth range and aquifer layer of restricted exploitation (if applicable);

d) Measures to restrict exploitation applied.

3. Based on the List of Restricted Zones for Underground Water Exploitation as stipulated in Clause 2 of this Article, prepare the Map of Restricted Zones for Underground Water Exploitation. The Map of Restricted Zones for Underground Water Exploitation must reflect the results of delimiting restricted areas and zones and the main information of each restricted area and zone included in the List of Restricted Zones for Underground Water Exploitation.

The Map of Restricted Zones for Underground Water Exploitation shall be prepared on the administrative or topographic map based on the VN2000 coordinate system, with a scale from 1:100,000 to 1:10,000, suitable for each locality.

4. In cases where the restricted area or zone involves another locality, the Department of Natural Resources and Environment as stipulated in Clause 1 of this Article shall have the responsibility to notify the relevant Department of Natural Resources and Environment to delimit the area, while sending the Ministry of Natural Resources and Environment to urge and direct.

Article 12. Approval and Publication of the List and Map of Restricted Zones for Underground Water Exploitation

1. The Department of Natural Resources and Environment shall send written opinions on the results of delimiting restricted zones to the Departments of Construction, Industry and Trade, Agriculture and Rural Development, Health, People's Committees of districts, counties, towns, and cities directly under provinces (hereinafter referred to collectively as the District-level People's Committee) and representatives of the community, representatives of organizations and individuals exploiting and using underground water related to the matter.

The documents sent for comments include:

a) Draft Decision approving the restricted zones for underground water exploitation along with the draft Memorandum;

b) Draft List of Restricted Zones for Underground Water Exploitation;

c) Draft Map of Restricted Zones for Underground Water Exploitation;

d) Report explaining the results of delimiting restricted zones for underground water exploitation. The explanatory report must clearly argue and explain the basis for delimitation, the scope of delimitation, and the application of measures to restrict exploitation for each area and zone, accompanied by information and data to prove.

2. Based on the comments from the agencies, organizations, and individuals as stipulated in Clause 1 of this Article, the Department of Natural Resources and Environment shall consolidate, adopt, respond, and perfect the dossier, and report to the Provincial People's Committee to organize a review board with the participation of relevant departments and experts and scientists in natural resources.

Based on the review results, the Department of Natural Resources and Environment shall continue to perfect the dossier and seek comments from the Ministry of Natural Resources and Environment. If necessary, the Ministry of Natural Resources and Environment may send the dossier to seek opinions from experts, convene meetings with relevant agencies and units, and experts to provide comments. The Ministry of Natural Resources and Environment shall reply within thirty working days from the date of receipt of the complete dossier.

The documents sent for comments include:

a) The documents as stipulated in Clause 1 of this Article after being completed;

b) Report on adopting and responding to comments from agencies, units, and the review board.

3. Based on the comments from the Ministry of Natural Resources and Environment, the Department of Natural Resources and Environment shall perfect the dossier and submit it to the Provincial People's Committee for consideration and approval.

The dossier submitted includes: Memorandum attached with the draft Decision approving; draft List of Restricted Zones for Underground Water Exploitation; draft Map of Restricted Zones for Underground Water Exploitation; comments from the Ministry of Natural Resources and Environment and other related documents.

The Memorandum must include the following main contents: Process of organizing the delimitation of restricted areas and zones; explanation of the basis and results of delimiting restricted areas and zones; application of measures to restrict exploitation for each area; and adoption and response to comments.

4. Publication of the List and Map of Restricted Zones for Underground Water Exploitation:

a) Within fifteen working days from the date of the Decision approving, the Department of Natural Resources and Environment shall be responsible for publishing the List and Map of Restricted Zones for Underground Water Exploitation through mass media and uploading them to the provincial People's Committee's electronic portal; notifying the District-level People's Committee and Commune-level People's Committee (hereinafter referred to collectively as the Commune-level People's Committee) in the areas with restricted zones and areas for underground water exploitation.

b) The approval and publication of the List and Map of Restricted Groundwater Extraction Zones must be completed within a period not exceeding three years from the date this Decree takes effect.

5. The review and adjustment of restricted extraction zones shall be carried out every five years or the People's Committee of the province may decide to review, adjust, and supplement the restricted extraction zones when any of the following situations occur:

a) There is a change in the basis for delineating restricted zones as prescribed in this Decree, resulting in a change in the delineation scope of restricted extraction areas;

b) There is a natural condition fluctuation leading to a change in the scope of restricted zones or the emergence of new areas requiring delineation of restricted zones or removal from the List of restricted groundwater extraction zones.

6. Based on the Lists and Maps of Restricted Groundwater Extraction Zones of localities that have been approved, the Ministry of Natural Resources and Environment will compile and publish the Restricted Zones 2 in the restricted extraction areas in Hanoi, the Red River Delta, the Central Highlands, Ho Chi Minh City, and the Mekong Delta.

Article 13. Plan for Organizing the Implementation of Restricted Groundwater Extraction

1. Based on the Lists of restricted groundwater extraction zones that have been approved, the Department of Natural Resources and Environment will organize investigations, statistics, updates, and supplements to information and data, and compile lists of existing extraction works in the announced restricted zones; develop the Plan for Organizing the Implementation of Restricted Groundwater Extraction (hereinafter referred to as the Plan) in accordance with the provisions of this Decree.

2. The Plan must be specifically developed for each area and each restricted zone and include the main contents as follows:

a) List of existing extraction works (with permits, without permits) in each area and each zone;

b) Specific measures to restrict extraction for each work;

c) Plans and schedules for implementing each restriction measure for each work.

3. Approval Procedure for the Plan:

a) The Department of Natural Resources and Environment sends the Plan to solicit opinions from organizations and individuals with extraction works included in the Plan. In cases where the Plan includes groundwater extraction works that have been granted permits by the Ministry of Natural Resources and Environment, it must also be sent to the Ministry of Natural Resources and Environment for comments on the application measures and implementation plans;

b) Within a period not exceeding thirty working days, the agencies, organizations, and individuals specified in point a of this clause shall provide their opinions in writing on the application measures and implementation plans and submit them to the Department of Natural Resources and Environment for consolidation;

c) Based on the opinions of the agencies, organizations, and individuals specified in point b of this clause, the Department of Natural Resources and Environment will consolidate and complete the Plan based on ensuring compliance with the provisions of this Decree, other relevant laws, while ensuring the legitimate rights and interests of organizations and individuals and avoiding disruption or impact on water supply, and submit it to the People's Committee of the province for consideration and approval.

4. Within a period not exceeding fifteen working days from the date of approval, the Department of Natural Resources and Environment has the responsibility to notify the relevant organizations and individuals, and simultaneously send the Plan to the People's Committee of the district and the Water Resources Management Agency, Ministry of Natural Resources and Environment for implementation.

Chapter III

IMPLEMENTATION

Article 14. Responsibilities of ministries and agencies at the ministerial level

1. The Ministry of Natural Resources and Environment:

a) Direct localities to implement restricted groundwater extraction in accordance with the provisions of this Decree;

b) Guide the delineation of restricted extraction zones, provide comments on the Lists and Maps of Restricted Groundwater Extraction Zones and the restricted groundwater extraction plans of localities as prescribed in this Decree;

c) Inspect, supervise, and handle violations of the law regarding restricted groundwater extraction.

2. Ministries and agencies at the ministerial level within their respective functions and powers shall cooperate with the Ministry of Natural Resources and Environment and the People's Committees of provinces in implementing the provisions on restricted extraction as stipulated in this Decree.

Article 15. Responsibilities of People's Committees at all levels and organizations and individuals exploiting underground water

1. Provincial People's Committee:

a) Direct the Department of Natural Resources and Environment to organize the delineation, publication of the List and Map of Restricted Underground Water Exploitation Zones, and develop plans for organizing restricted exploitation activities within their jurisdiction;

b) Approve the List, Map of Restricted Underground Water Exploitation Zones, and Plan for Organizing Restricted Exploitation Activities within their jurisdiction, and direct the Department of Natural Resources and Environment, People's Committees at district and commune levels to implement these after approval;

c) Inspect, monitor, and handle violations of laws related to restricted underground water exploitation within their jurisdiction;

d) Allocate funds for implementing restricted underground water exploitation within the provincial budget annually according to the provisions of the State Budget Law.

2. People's Committees at district and commune levels shall cooperate with the Department of Natural Resources and Environment in delineating and publishing the List and Map of Restricted Underground Water Exploitation Zones; supervise organizations and individuals within their jurisdiction in implementing measures to restrict exploitation according to approved plans.

3. Organizations and individuals exploiting underground water:

a) Provide information and data related to exploitation works and activities according to the requirements of the Department of Natural Resources and Environment to serve the delineation of restricted exploitation zones as prescribed in this Decree;

b) Cooperate with the Department of Natural Resources and Environment in determining plans and timelines for implementing measures to restrict underground water exploitation (if applicable) for their exploitation works according to the provisions of this Decree;

c) Implement measures to restrict underground water exploitation according to approved plans.

Article 16. Transitional Provisions

1. For restricted areas approved before the effective date of this Decree that comply with its provisions, continue implementation; if non-compliant, the People's Committee of the province shall direct organizations to review, adjust, and supplement to comply with the provisions of this Decree by December 31, 2020.

2. Organizations and individuals who have not yet implemented or are currently implementing measures to restrict underground water exploitation as required by competent authorities, and have not completed such measures by the effective date of this Decree, shall continue implementation. If this Decree provides lighter legal responsibility, it shall be applied according to the provisions of this Decree.

3. Water resource planning schemes of provinces and centrally-administered cities approved before the effective date of this Decree containing content related to restricted underground water exploitation shall implement restrictions according to the provisions of this Decree.

Article 17. Effectiveness and Responsibility for Implementation

1. This Decree takes effect from February 10, 2019.

2. The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant ministries and sectors to guide the implementation of this Decree.

3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees of provinces and centrally-administered cities, and related organizations and individuals are responsible for enforcing this Decree./.