Circular No. 24/2016/TT-BTNMT on the determination and announcement of the sanitary protection zone for water supply areas

CIRCULAR

Regulations on determining and announcing the sanitary protection zone for areas where water for domestic use is extracted

Based on the Law on Water Resources dated December 21June 2024;2012;

Pursuant to the Government Decree number 21/2013/2013/ND-CP dated March 4, 2013 of the Government stipulating functions, tasks, ON limits and mechanisms the proposal of the General Department of 职责的职能由自然资源与环境部履行；

At the proposal of the Director of the Water Resources Management Department and the Head of the Legal Department;

The Minister of Natural Resources and Environment issues this Circular to regulate the determination and announcement of the sanitary protection zone for areas where water for domestic use is extracted. announcement the sanitary protection zone for areas where water for domestic use is extracted.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsCircular No. 249/2025/NĐ-CP dated October 4, 2025 of the Government.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the determination and announcement of the sanitary protection zone for areas where water for domestic use is extracted.

Article 2. Applicability

This Circular applies to state agencies, organizations, individuals, and households related to the determination, announcement of the sanitary protection zone for areas where water for domestic use is extracted, and activities within the sanitary protection zone for areas where water for domestic use is extracted within the territory of the Socialist Republic of Vietnam.

Article 3. Principles for Determining the Sanitary Protection Zone for Areas Where Water for Domestic Use is Extracted

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

2. Being consistent with topography, geology, hydrogeology, flow regime, characteristics of water resources, scale of extraction, layout of works, and other relevant factors related to protecting the quality of water resources for domestic use.

3. Being consistent with current land use status and economic-social development activities in the area with water extraction works for domestic use.

Chapter II

DETERMINATION AND ANNOUNCEMENT OF THE SANITARY PROTECTION ZONE FOR AREAS WHERE WATER FOR DOMESTIC USE IS EXTRACTED

Article 4. Cases Requiring Determination and Announcement of the Sanitary Protection Zone for Areas Where Water for Domestic Use is Extracted

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

1. Surface water extraction works with a scale exceeding 100 m³a) An application form for extension or amendment of the permit;

3/day-night³a) An application form for extension or amendment of the permit;

Article 5. Scope of the Sanitary Protection Zone for Areas Where Water for Domestic Use is Extracted from Surface Water Extraction Works

1. The scope of the sanitary protection zone for areas where water for domestic use is extracted from surface water extraction works on rivers, streams, canals, and creeks for domestic use includes the water source protection corridor for the river, stream, canal, or creek that the work extracts and the upstream and downstream areas calculated from the location of water extraction of the work, as follows:

a) In the case of surface water extraction works with a scale exceeding 100 m³/day-night up to under 50,000 m³³/day-night, the scope of the sanitary protection zone for areas where water for domestic use is extracted shall not be less than:

- 1,000 m upstream and 100 m downstream for mountainous areas;

- 800 m upstream and 200 m downstream for plain and midland areas.

b) In the case of surface water extraction works with a scale of 50,000 m³/day-night or more, the scope of the sanitary protection zone for areas where water for domestic use is extracted shall not be less than:

- 1,500 m upstream and 100 m downstream for mountainous areas;

- 1,000 m upstream and 200 m downstream for plain and midland areas.

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

a) Not less than 1,500 m for the case of surface water extraction works from reservoirs on rivers and streams and does not exceed the boundary of the water source protection corridor of the reservoir;

b) The entire lake area for the case of surface water extraction works from reservoirs other than those specified in Point a Clause 2.

Article 6. Scope of the Sanitary Protection Zone for Water Supply Areas of Underground Water Extraction Projects

1. For underground water extraction projects supplying water for daily use with a scale exceeding 10 m³/day-night to less than 3,000 m³/day-night, the scope of the sanitary protection zone for the water supply area shall not be less than 20 m from the wellhead.

2. For underground water extraction projects supplying water for daily use with a scale of 3,000 m³/day-night or more, the scope of the sanitary protection zone for the water supply area shall not be less than 30 m from the wellhead.

Article 7. Procedure for Determining and Announcing the Sanitary Protection Zone for Water Supply Areas

1. During the process of preparing the application dossier for obtaining a permit to extract and use water resources, the organization directly investing, managing, and operating the water extraction project shall propose a specific scope of the sanitary protection zone for the water supply area based on the provisions of Articles 5 and 6 of this Circular and submit it to the Department of Natural Resources and Environment where the project is located.

2. Based on the proposed scope of the sanitary protection zone for the water supply area stipulated in Clause 1 of this Article and the current land use status in the area where the water extraction project is located, the Department of Natural Resources and Environment shall determine the scope of the sanitary protection zone for the water supply area of the project.

3. Within thirty (30) working days from the date of receiving the permit to extract and use water resources issued by the Ministry of Natural Resources and Environment or from the date the permit to extract and use water resources is granted by the People's Committee of the province, the Department of Natural Resources and Environment shall submit to the People's Committee of the province for approval the scope of the sanitary protection zone for the water supply area of the project.

The content of the approval includes: name of the water extraction project; source of extracted water; scale of the water extraction project; location of extraction; scope of the sanitary protection zone for the water supply area of the water extraction project.

4. Within thirty (30) working days from the date of the decision approving the scope of the sanitary protection zone for the water supply area, the People's Committee of the province shall direct the Department of Natural Resources and Environment to publish the list of sanitary protection zones for water supply areas of water extraction projects on mass media, on the local electronic information website, and notify in writing to the People's Committees of the districts and communes where the water extraction projects are located, while sending to the National Water Resources Management Agency.

Chapter III

RESPONSIBILITIES AND IMPLEMENTATION ORGANIZATION

Article 8. Responsibilities of Organizations, Individuals, and Households

1. Organizations, individuals, and households living, producing, trading, or providing services within the scope of the sanitary protection zone for the water supply area must comply with regulations concerning water source protection corridors, underground water source protection, and other requirements for protecting water resources as stipulated by laws on water resources.

2. Organizations directly managing and operating water extraction projects as stipulated in Article 4 of this Circular shall have the responsibility to:

a) Propose the scope of the sanitary protection zone for the water supply area within their own water extraction project and include it in the application dossier for obtaining a permit to extract and use water resources;

b) Coordinate with the People's Committees of the districts and communes where the water extraction projects are located and relevant agencies to delineate the boundaries of the sanitary protection zone for the water supply area of the project on-site after approval and announcement;

c) Protect the water they directly extract and use; monitor activities within the sanitary protection zone for the water supply area of the project. In case of discovering acts causing pollution or posing a risk of pollution, failing to ensure safety for water extraction operations of the project, and other violations of laws on water resources within the scope of the sanitary protection zone for the water supply area of the project, they must promptly prevent such acts and report immediately to the nearest local authority for handling.

Article 9. Responsibilities of the Department of Natural Resources and Environment

1. Determine the sanitary protection zone for water supply areas and submit to the provincial People's Committee for approval after the competent authority issues a permit for the project.

2. Announce the sanitary protection zone for water supply areas according to the directives of the provincial People's Committee.

3. Urge, guide, and supervise organizations and individuals within its jurisdiction to delineate the boundaries of the sanitary protection zone for water supply areas on-site after approval and announcement.

4. Regularly compile and report on the implementation of the determination and announcement of the sanitary protection zones for water supply areas of water extraction projects within its jurisdiction to the Ministry of Natural Resources and Environment through the National Water Resources Management Agency before December 31 each year.

Article 10. Responsibilities of People's Committees at all levels

1. Provincial People's Committees shall be responsible for:

a) Approve the sanitary protection zone for water supply areas of water extraction projects.

b) Direct the Department of Natural Resources and Environment to establish and announce the sanitary protection zone for water supply areas of water extraction projects within its jurisdiction;

c) Direct inspections, checks, and supervision of activities within the sanitary protection zone for water supply areas within its jurisdiction.

2. The People's Committees at district and commune levels shall be responsible for:

a) Cooperating with organizations having water extraction projects for domestic use and relevant agencies within their jurisdictions to delineate the boundaries of the sanitary protection zone for water supply areas on-site after approval and announcement;

b) Implement measures to protect the quality of domestic water sources within their jurisdictions;

c) Receive information and resolve issues arising from the sanitary protection zone for water supply areas of water extraction projects within their jurisdictions within their authority.

Article 11. Transitional Provisions

1. In cases where projects have been granted permits for water resource exploitation and utilization prior to the effective date of this Circular:

a) The Department of Natural Resources and Environment shall be responsible for compiling and establishing a list of sanitary protection zones for water supply areas to submit to the provincial People's Committee for approval.

b) The determination, approval, and announcement of the sanitary protection zones for water supply areas must be completed within a period not exceeding two (02) years from the effective date of this Circular.

2. For water extraction projects currently in operation and where the actual land conditions cannot establish a sanitary protection zone for water supply areas as stipulated in Articles 5 and 6 of this Circular, the provincial People's Committee shall consider and decide on a smaller scope of the sanitary protection zone for water supply areas than the minimum required but ensuring water quality.

Article 12. Effective Date

1. This Circular takes effect from October 25, 2016.

2. The provincial People's Committee shall be responsible for directing the implementation of this Circular in their localities.

3. The National Water Resources Management Agency shall be responsible for advising and assisting the Minister of Natural Resources and Environment in guiding and inspecting the implementation of this Circular nationwide.

4. During the implementation of this Circular, if there are difficulties or obstacles, organizations, individuals, and related agencies are requested to reflect these issues to the Ministry of Natural Resources and Environment for review and appropriate amendments./.