Circular No. 31/2018/TT-BTNMT on the contents and forms of water resources reports

CIRCULAR

Specifies the contents and forms of water resources reports water resources

Based on the Law on Water Resources No. 17/2012/QH13 dated June 21, 2012;

Pursuant to Decree No. 201/2013/NĐ-CP dated November 27, 2013 of the Government detailing implementation of certain provisions of the Law on Water Resources;

On the basis of Decision 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;

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 specify the contents and forms of water resources reports.

Article 1. Scope of Regulation

This Circular stipulates the contents and forms of water resources reports, including: national water resources reports, specialized water resources reports, water resources utilization reports, and water resources exploitation and utilization activity reports, discharge of wastewater into water sources.

Article 2. Applicability

This Circular applies to:

1. Central and local state management agencies and organizations and individuals related to the preparation of national water resources reports, specialized water resources reports, and water resources utilization reports of Ministries, equivalent Ministries, and People's Committees of provinces and centrally governed cities (hereinafter referred to as provincial-level People's Committees).

Organizations and individuals managing and operating surface water, groundwater extraction and utilization facilities, and discharging wastewater into water sources who have been granted water resources permits by competent authorities.

Article 3. Reporting Period and Reporting System for Water Resources

1. The reporting period is specified as follows:

a) Every five years for national water resources reports;

b) Annually for specialized water resources reports and water resources utilization reports of Ministries, equivalent Ministries, and provincial-level People's Committees;

c) Annually for water resources exploitation and utilization activity reports and wastewater discharge reports of organizations and individuals who have been granted water resources permits by state authorities.

2. The reporting system is specified as follows:

a) For national water resources reports and specialized water resources reports: complete the report before July 1 of the following year after the reporting period;

b) For water resources utilization reports of Ministries, equivalent Ministries, and provincial-level People's Committees: submit to the Ministry of Natural Resources and Environment before January 30 of the following year;

c) For water resources exploitation and utilization activity reports and wastewater discharge reports: submit to the Provincial Department of Natural Resources and Environment for cases under the permit authority of provincial-level People's Committees and submit to the National Water Resources Management Agency for cases under the permit authority of the Ministry of Natural Resources and Environment before January 30 of the following year. In cases where organizations and individuals have been granted water resources permits prior to the effective date of this Circular, they shall comply with the reporting requirements set forth herein;

d) Reports specified in points a, b, and c of this clause shall be submitted via electronic files to the email box of the National Water Resources Management Agency and the Provincial Departments of Natural Resources and Environment where the construction projects are located.

Article 4. Requirements for Information and Data for Water Resources Report Preparation

1. The compilation of information and data for report preparation shall be carried out as follows:

a) For national water resources reports, the compilation of relevant information and data as prescribed in Article 6 of this Circular shall be conducted annually during the reporting period and for the entire five-year period;

b) For specialized water resources reports, water resources utilization reports, and water resources exploitation and utilization activity reports, and wastewater discharge reports, the compilation of relevant information and data as prescribed in Articles 7, 8, 9, and 10 of this Circular shall be conducted annually within the reporting year, from January 1 to December 31 of the reporting year.

2. Information and data used for compilation must ensure consistency, uniformity, completeness, and clear source.

Article 5. Scope of information consolidation, data, and analysis, evaluation

1. For the national water resources report and the water resources utilization report of Ministries, agencies at the level of Ministries, depending on each specific content, the consolidation of information, data, and the results of analysis and evaluation shall be carried out nationwide and classified according to the entire or some of the following scopes:

a) According to the scope of each geographic region, including: Northwest, Northeast, Red River Delta, North Central Coast, South Central Coast, Central Highlands, Southeast, and Mekong Delta;

b) According to the scope of each river basin, including: Hong-Thai Binh, Bang Giang, Ky Tong, Ma, Ca, Gianh, Thach Han, Nhat Le, Huong, Vu Gia-Thu Bon, Ve, Tra Khuc, Kon, Ba, Nha Trang, Se San, Srepok, Dong Nai, and Mekong River. For the remaining river basins, they shall be consolidated into separate groups and may include subgroups according to each region or locality;

c) According to the administrative scope of each province, centrally governed city.

2. For the water resources utilization report of provincial People's Committees, depending on each specific content, the consolidation of information, data, and the results of analysis and evaluation shall be carried out throughout the province and classified according to the entire or some of the following scopes:

a) According to the administrative scope of district;

b) According to the scope of river basin defined in point b Clause 1 Article 5 within the province's territory.

3. For specialized reports on water resources, depending on the content and nature of the report, the scope of information consolidation, data, and the results of analysis and evaluation shall be considered and decided by the Ministry of Natural Resources and Environment.

Article 6. Content and requirements for the national water resources report

1. The national water resources report includes the main contents as follows:

a) An overview of natural conditions, economic, and social factors affecting the exploitation, utilization, and protection of water resources;

b) Current status of water resources;

c) Current status of water resources exploitation and utilization;

d) Water pollution, degradation, and depletion;

đ) Water resource management;

e) Recommendations and suggestions.

2. Requirements for the content regarding an overview of natural conditions, economic, and social factors affecting the exploitation, utilization, and protection of water resources

a) Evaluate the general characteristics of topography and climate;

b) Evaluate the development situation, growth rate, and development orientation of industries and sectors related to water exploitation, utilization, and protection activities;

c) Evaluate the general trend of population increase, migration, and changes in industries and sectors related to water exploitation, utilization, and protection activities.

3. Requirements for the content regarding the current status of water resources

a) Consolidate the number of meteorological, hydrological, surface water, and groundwater monitoring stations, and analyze and evaluate the fluctuations in quantity of these stations. Information and data consolidation shall be conducted according to Form No. 1 attached to this Circular;

b) Regarding rainfall water resources: consolidate annual rainfall volume, monthly rainfall distribution, rainy season, dry season, and analyze and evaluate the fluctuation of rainfall volume. Information and data consolidation shall be conducted according to Forms No. 2 and No. 3 attached to this Circular;

c) Regarding surface water resources on river systems: consolidate the average annual flow volume, monthly average flow distribution, flood season, dry season average flow at hydrological stations, water resource stations, and analyze and evaluate the fluctuation of flow. Information and data consolidation shall be conducted according to Forms No. 4 and No. 5 attached to this Circular.

For large and important reservoirs, consolidate total capacity, useful capacity, flood control capacity, and the total amount of water stored in reservoirs at the end of the flood season and beginning of the dry season annually, and analyze and evaluate the fluctuation of capacity and stored water volume. Information and data consolidation shall be conducted according to Form No. 6 attached to this Circular;

d) Regarding groundwater resources: consolidate the number of monitoring works, monitoring stations; the area surveyed and comprehensively evaluated for groundwater resources at different scales; the characteristics of groundwater levels (highest, lowest, average) of each aquifer layer, and analyze and evaluate the fluctuation. Information and data consolidation shall be conducted according to Forms No. 7 and No. 8 attached to this Circular.

4. Requirements for the content regarding the current status of water exploitation and utilization

a) Consolidate the number of surface water and groundwater extraction works that require permits and have been planned according to usage purposes (irrigation, hydropower, and other purposes), by types of extraction works (reservoirs, weirs, pumping stations, wells, and other types of works), and evaluate the fluctuation. Information and data consolidation shall be conducted according to Forms No. 9, No. 10, and No. 11 attached to this Circular;

b) Consolidate the volume of water extracted and utilized (scale) of works that have obtained permits and classify them according to purposes (irrigation, hydropower, and other purposes). Information and data consolidation shall be conducted according to Form No. 12 attached to this Circular;

c) Analyze, evaluate, and assess issues related to water resource exploitation and utilization such as: transferring water between river basins, operating hydropower and irrigation reservoirs, and other issues related to water exploitation and utilization activities, management, and operation of works.

5. Requirements for the content regarding water pollution, degradation, and depletion

a) Consolidate the characteristics (highest, lowest, average) of basic water quality indicators (based on monitoring data from water quality monitoring stations and results of water source quality monitoring) of rivers, river sections, reservoirs, and analyze and evaluate the fluctuation. Information and data consolidation shall be conducted according to Form No. 13 attached to this Circular.

Compile the results of evaluating the capacity to accept wastewater and the load-bearing capacity of rivers and lakes that have been approved; analyze and provide an overall assessment of the current status and trends in water source pollution.

b) Compile the characteristics (maximum, minimum, average) of basic water quality indicators (based on monitoring data from groundwater quality monitoring stations and the results of water source quality monitoring) for aquifers, and analyze and assess their fluctuations; provide an overall assessment of the current status and trends in groundwater pollution and salinity intrusion. The information and data compilation shall be carried out according to Table 14 attached as an Appendix to this Circular.

c) Compile extreme water levels and flow rates at hydrological stations, water resource stations, and at monitoring facilities and groundwater monitoring stations (lowest day, lowest month, lowest three months) and analyze and assess their fluctuations.

6. Requirements for the content on water resources management:

a) Regarding the development and issuance of legal normative documents on water resources: compile the number of legal normative documents on water resources issued by central and local authorities that remain valid until the reporting period. The information and data compilation shall be carried out according to Table 15 attached as an Appendix to this Circular.

b) Regarding basic investigation activities: compile the number of basic investigation projects and programs on water resources that have been implemented; analyze and assess their implementation results.

c) Regarding the preparation of water resources planning: compile the number of water resources planning projects and programs that have been implemented; analyze and assess their implementation results.

d) Regarding licensing activities: compile the total number of water resources licenses issued, classified by licensing authority and assess their fluctuations. The information and data compilation shall be carried out according to Table 16 attached as an Appendix to this Circular.

đ) Regarding the approval of advance payment for water resources exploitation rights: compile the number of works, the total amount of advance payments for water resources exploitation rights that have been approved, classified by approving authority and assess their fluctuations. The information and data compilation shall be carried out according to Table 17 attached as an Appendix to this Circular.

e) Regarding the establishment of water source protection zones: compile the results of establishing water source protection zones for rivers, streams, canals, creeks, and reservoirs for hydropower and irrigation; analyze and assess their fluctuations.

g) Regarding the investigation, evaluation, approval, and announcement of minimum flows on rivers, streams, and downstream of reservoirs: compile the number of rivers, streams, and reservoirs that have been approved and announced for minimum flows and analyze and assess their fluctuations. The information and data compilation shall be carried out according to Table 18 attached as an Appendix to this Circular.

h) Regarding inspection and supervision activities in the field of water resources: compile the number of inspections, inspected entities, the number of organizations and individuals subject to administrative penalties, and the amount of fines imposed. The information and data compilation shall be carried out according to Table 19 attached as an Appendix to this Circular.

i) Compile, analyze, and assess public investment in water resources management activities.

7. Requirements for the content on proposals and recommendations:

a) Summarize major issues that need to be focused on and resolved in the management, exploitation, use, and protection of water resources and prevention of harm caused by water.

b) Propose comprehensive short-term and long-term solutions to ensure sustainable exploitation and use of water resources and effective water resources management.

Article 7. Special report on water resources

1. Based on the actual situation regarding the current status, changes in water resources, issues arising from exploitation, utilization, and protection of water resources, and practical requirements for management tasks, the Water Resources Management Agency proposes and submits to the Ministry of Natural Resources and Environment for approval the topic and content of the special report on water resources before the year of report preparation.

2. The specific topic and content of the special report on water resources shall be examined and decided by the Ministry of Natural Resources and Environment.

Article 8. Content and requirements for the water resource utilization report of Ministries and agencies at the ministerial level

1. The water resource utilization report of the Ministries of Industry and Trade, Agriculture and Rural Development, Construction, and other relevant ministries and agencies at the ministerial level shall include the following main contents:

a) An overview of the development status of the sector;

b) The current status of water resource exploitation and utilization;

c) Implementation of legal regulations on water resources;

d) Proposals and recommendations.

2. Requirements for the overview content on the development status of the sector: assess the development situation, development orientation of the sector, and its connection with water exploitation and utilization activities, and water resource protection.

3. Requirements for the content on the current status of water resource exploitation and utilization for projects under the management of ministries and agencies at the ministerial level:

a) Aggregate the number of existing surface water and groundwater exploitation projects that have been planned and classified according to usage purposes (irrigation, hydropower, and other purposes), by type of exploitation project (reservoirs, canals, pumping stations, boreholes, and other types of exploitation projects), and evaluate fluctuations. Information and data compilation shall be carried out according to Tables 9, 10, and 11 attached to this Circular;

b) For large and important reservoirs, aggregate their total capacity, useful capacity, flood control capacity, and total water volume stored at the end of the flood season and beginning of the dry season, and analyze and evaluate fluctuations. Information and data compilation shall be carried out according to Table 6 attached to this Circular.

4. Requirements for the content on the implementation of legal regulations on water resources:

a) Aggregate the number of water exploitation and utilization projects that have obtained permits in accordance with the legal regulations on water resources;

b) In cases where the exploitation project is a reservoir, aggregate the number of reservoirs that have established protective zones and evaluate fluctuations;

c) Analyze and evaluate the implementation of regulations on monitoring and supervising water exploitation and utilization, ensuring minimum flow rates, and other legal regulations on water resources.

5. Proposals and recommendations:

a) Summarize major issues in water resource exploitation and utilization by ministries and agencies at the ministerial level;

b) Recommend solutions related to ensuring water supply for the sector's water exploitation and utilization activities.

Article 9. Content and requirements for the water resource utilization report of provincial People's Committees

1. The water resource utilization report of provincial People's Committees shall include the following main contents:

a) An overview of natural, economic, and social conditions affecting water resource exploitation, utilization, and protection;

b) The current status of water resource exploitation and utilization;

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

d) Water resource management;

đ) Proposals and recommendations.

2. Requirements for the overview content on natural, economic, and social conditions affecting water resource exploitation, utilization, and protection: implement in accordance with Clause 2, Article 6 of this Circular within the province.

3. Requirements for the content on the current status of water resource exploitation and utilization: implement in accordance with Clause 4, Article 6 of this Circular and compile a list of water resource exploitation and utilization projects within the province that require permits according to Table 20 attached to this Circular.

4. Requirements for the contents on pollution, degradation, depletion of water sources, water resource management, and proposals and recommendations: implement in accordance with Clauses 5, 6, and 7, Article 6 of this Circular within the province.

5. The Department of Natural Resources and Environment assists the provincial People's Committee in organizing the construction of the water resource utilization report in accordance with the provisions of this Article.

Article 10. Content and requirements for reports on water resources exploitation, utilization, and wastewater discharge into water sources

1. Reports on water resources exploitation, utilization, and wastewater discharge into water sources by organizations and individuals who have been granted water resource exploitation permits by competent state agencies (hereinafter referred to as permit holders) shall include the following main contents:

a) General information;

b) Situation of water resources exploitation, utilization, and wastewater discharge into water sources;

c) Implementation of provisions stipulated in the water resource exploitation permit;

d) Proposals and recommendations (if any).

2. Requirements for general information content: provide a summary of basic information about the permit holder, water exploitation and utilization facilities, wastewater discharge facilities, operation of such facilities, and any arising issues (if any).

3. Requirements for content regarding the situation of water resources exploitation, utilization, and wastewater discharge into water sources:

a) For surface water exploitation and utilization activities:

For reservoir-type facilities: compile the characteristics of inflow volume, outflow volume (maximum, minimum, average), and minimum flow volume (if any) of the reservoir on a monthly basis during the reporting year.

For other types of facilities: compile the characteristics of exploitation and utilization volume (maximum, minimum, daily average) of the facility on a monthly basis and the total exploitation volume during the reporting year.

Information compilation and data aggregation shall be carried out according to Model Forms No. 21 and No. 22 attached hereto.

b) For groundwater exploitation and utilization activities:

Compile the characteristics of exploitation and utilization volume (maximum, minimum, daily average) and well water level (maximum, minimum, average) of the facility on a monthly basis and the total exploitation volume during the reporting year. Information compilation and data aggregation shall be carried out according to Model Form No. 23 attached hereto.

c) For wastewater discharge activities: compile the characteristics of discharge volume (maximum, minimum, daily average) of the facility on a monthly basis and the total discharge volume during the reporting year. Compile the characteristics of pollutant concentration (maximum, minimum, average) based on water quality monitoring results conducted in accordance with regulations specified in the permit.

Information compilation and data aggregation shall be carried out according to Model Forms No. 24 and No. 25 attached hereto.

4. Requirements for content regarding the implementation of provisions stipulated in the water resource exploitation permit: evaluate the implementation results during the reporting period for each provision and requirement stipulated in the issued permit.

Article 11. Completion and publication of national water resources reports and specialized water resources reports

1. The Water Resources Management Agency assists the Ministry of Natural Resources and Environment in organizing the drafting, soliciting opinions from the Ministries of Industry and Trade, Agriculture and Rural Development, Construction, relevant ministries, ministerial-level agencies, and provincial People's Committees on draft national water resources reports and specialized water resources reports; consolidate and complete the reports for submission to the Minister of Natural Resources and Environment for consideration and publication.

2. National water resources reports and specialized water resources reports shall be published on the electronic portal of the Ministry of Natural Resources and Environment.

Article 12. Effective date and implementation

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

2. Clause 6, Article 2 of Model No. 14 concerning groundwater exploitation and utilization permits, Clause 6, Article 2 of Model No. 15 concerning groundwater exploitation and utilization permits (in cases of renewal, adjustment, reissue), Clause 3, Article 2 of Model No. 20 concerning wastewater discharge permits, and Clause 3, Article 2 of Model No. 21 concerning wastewater discharge permits (in cases of renewal, adjustment, reissue) attached to Circular No. 27/2014/TT-BTNMT dated May 30, 2014 of the Minister of Natural Resources and Environment on groundwater exploitation registration, model application forms for issuance, renewal, adjustment, and reissuance of water resource exploitation permits shall cease to be effective from the date this Circular takes effect.

3. The Water Resources Management Agency shall be responsible for inspecting and guiding the implementation of this Circular.

4. Ministries, ministerial-level agencies, provincial People's Committees, provincial Departments of Natural Resources and Environment, and related organizations and individuals shall be responsible for implementing this Circular.