Circular No. 34/2018/TT-BTNMT on classification and requirements for conducting groundwater resource investigation and assessment

CIRCULAR
Regulations on classification and requirements for conducting investigations and assessments of underground water resources
investigate and assess groundwater resources

Pursuant to the Water Resources Law 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 on the classification and requirements for conducting investigations and assessments of underground water resources.

Article 1. Scope of Regulation

This Circular stipulates the classification and requirements for implementing tasks, programs, projects (hereinafter referred to collectively as projects) for investigating and assessing underground water resources.

Article 2. Applicability

This Circular applies to state management agencies for water resources, organizations, and individuals involved in investigating and assessing underground water resources.

Article 3. Classification of projects for investigating and assessing underground water resources

1. Investigations and assessments of underground water resources must be established as a project according to one of the types of projects specified in Clause 2 of this Article and approved by the competent state agency before implementation (hereinafter referred to as the approving agency).

2. Projects for investigating and assessing underground water resources include the following types:

a) Comprehensive investigation and assessment projects for underground water resources;

b) Specialized investigation and assessment projects for underground water resources.

3. Comprehensive investigation and assessment projects for underground water resources include the main contents as follows:

a) Assessment of quantity (reserves) and quality of underground water;

b) Preparation of hydrogeological maps for layers, structures, and complex systems containing water, and underground water resource maps.

4. Specialized investigation and assessment projects for underground water resources include one or more of the following main contents:

a) Assessment and classification of the degree of pollution, degradation, depletion, and salinization of underground water sources;

b) Determination of restricted groundwater extraction zones (determining extraction thresholds for aquifers and areas requiring restricted groundwater extraction);

c) Investigation for discovering underground water sources;

d) Assessment, warning, and forecasting the impact of climate change on underground water resources;

đ) Determination of the capacity for artificial replenishment of underground water.

5. Based on the purpose, content requirements of each type of project for investigating and assessing underground water resources, water resource management requirements, scope, scale, level of detail of the project, and specific characteristics of each region, the approving agency decides on the specific contents of work, volume, and products of each project on the principle of ensuring selective inheritance of existing materials and effective use of investment funds for investigating and assessing underground water resources.

Article 4. General requirements for investigating and assessing underground water resources

1. Investigations and assessments of underground water resources must comply with the overall planning for basic investigations of water resources. In cases where there is no such plan, the approving agency shall consider and decide on the implementation of investigations and assessments based on management requirements, actual conditions, and available resources.

2. General requirements for comprehensive investigations and assessments of underground water resources:

a) Simultaneously assess reserves and quality of underground water while preparing hydrogeological maps for layers, structures, and complex systems containing water, and underground water resource maps;

b) The level of detail should correspond to the maps at one of the following scales: 1:200,000; 1:100,000; 1:50,000; 1:25,000;

c) Results of investigations and assessments must be statistically compiled, summarized, and analyzed and evaluated within the entire project area and categorized by economic regions, key economic regions, provincial administrative units, district-level administrative units, river basins, sub-basins, and major aquifer structures.

3. For specialized investigations and assessments of underground water resources, the approving agency shall consider and decide on specific scopes and contents to be implemented based on water resource management requirements, information, data, and available resources.

4. The provision of information, data, and results of investigations and assessments of underground water resources shall be carried out in accordance with laws on the collection, management, exploitation, and use of information and data on natural resources and the environment, and other relevant laws.

Article 5. Requirements for the investigation and comprehensive assessment of underground water resources at a scale of 1:200,000

1. The scope of investigation and assessment shall be carried out nationwide.

2. The objects of investigation and assessment shall be conducted for each water-bearing structure. Each water-bearing structure includes a geological formation or part thereof. A water-bearing structure is limited by aquifer boundaries or hydraulic boundaries within which underground water is formed, exists, and moves.

3. The contents and results of the investigation and assessment must be compiled, summarized, and analyzed and evaluated according to each region and area specified in Point c, Clause 2, Article 4 of this Circular, according to each water-bearing structure specified in Clause 2 of this Article. The results of the investigation and assessment must comply with the provisions of Clause 1, Point d, Clause 2, Points a, b, Clause 3, Clause 4, Point b, Clause 5, Clause 6, and Point d, Clause 7, Article 20 of Circular No. 13/2014/TT-BTNMT dated February 17, 2014, issued by the Minister of Natural Resources and Environment on technical investigation and assessment of underground water resources (hereinafter referred to as Circular No. 13/2014/TT-BTNMT), and the following requirements:

a) Preliminarily determine the exploitable volume.

b) Zoning of underground water quality; zoning of saline and fresh water (if applicable).

Article 6. Requirements for the investigation and comprehensive assessment of underground water resources at a scale of 1:100,000

1. The scope of investigation and assessment shall be carried out nationwide, except for high mountainous areas, dangerous areas, or regions without requirements for domestic water supply or water supply for economic and social development needs.

2. The objects of investigation and assessment shall be conducted for each aquifer system. Each aquifer system includes a set of aquifers and weak aquifers that are hydraulically interconnected.

3. The contents and results of the investigation and assessment must be compiled, summarized, and analyzed and evaluated according to each region and area specified in Point c, Clause 2, Article 4 of this Circular, according to each aquifer system specified in Clause 2 of this Article. The results of the investigation and assessment must comply with the provisions of Points a, b, Clause 3, Article 5 of this Circular, Clauses 1, 2, Points a, b, c, Clause 3, Clause 4, Point b, Clause 5, Clause 6, and Point d, Clause 7, Article 20 of Circular No. 13/2014/TT-BTNMT, and the following requirements:

a) Determine areas with potential for underground water exploitation.

b) Determine sources forming exploitable volumes of underground water throughout the region and in areas with potential for underground water exploitation.

Article 7. Requirements for the investigation and comprehensive assessment of underground water resources at a scale of 1:50,000

1. Scope of investigation and assessment:

a) Plain areas, coastal zones;

b) Central Highlands;

c) Islands, areas with scarce water, insufficient water for domestic use;

d) Areas with significant underground water potential, requiring domestic water supply or water supply for economic and social development needs;

đ) Other areas determined by the project approval authority.

2. The objects of investigation and assessment shall be conducted for each aquifer layer. Each aquifer layer consists of a formation or a group of geological formations or a part of a geological formation containing water and having exploitation potential.

3. The contents and results of the investigation and assessment must comply with the provisions of Clause 3, Article 6 of this Circular, according to each aquifer layer specified in Clause 2 of this Article, and the following requirements:

a) Determine the water level changes over time (if applicable);

b) Evaluate the current status of underground water exploitation and use;

c) Determine the location and scale of pollution sources or potential pollution sources of underground water.

Article 8. Requirements for the investigation and comprehensive assessment of underground water resources at a scale of 1:25,000

1. The scope of investigation and assessment includes areas within the scope prescribed in Clause 1, Article 7 of this Circular where underground water is the main source exploited for domestic water supply and for economic and social development needs or urban areas, concentrated residential areas, islands, and water-scarce regions.

2. The objects of investigation and assessment shall be carried out for each aquifer with potential for exploitation.

3. The contents and results of the investigation and assessment must comply with the provisions set forth in Clause 3, Article 7 of this Circular, according to the aquifers specified in Clause 2 of this Article and the following requirements:

a) Determining the boundaries and boundary conditions of the aquifers; the relationship between underground water and surface water and meteorological, hydrological, and marine factors; hydraulic relationships among aquifers;

b) Characteristics and changes in water level depth and water quality;

c) Proposing plans for the layout of extraction works;

d) Evaluating and forecasting impacts and effects of saltwater intrusion (if any), changes in water quality, subsidence, and other effects caused by the exploitation of underground water; the impact of economic and social development activities on underground water sources.

Article 9. Requirements for the investigation and assessment of underground water resources by topic

Based on management and protection requirements for underground water sources and practical issues, the approving authority shall consider and decide specifically on the scope, objects, and contents of the investigation and assessment of underground water resources by topic but must meet the following requirements:

1. The scope of investigation and assessment shall only be implemented for regions and areas to address specific objectives and tasks as stipulated in Clause 4, Article 3 of this Circular and the approved project content.

2. The objects of investigation and assessment shall only be implemented for specific structures, complexes, and aquifers within the scope of investigation and assessment prescribed in Clause 1 of this Article.

3. The contents and results of the investigation and assessment must ensure the following requirements:

a) For the investigation and assessment of pollution levels, degradation, and depletion of underground water sources, it must clearly explain the basis for evaluation and classification; delineate polluted, degraded, and depleted areas and evaluate and classify them according to the degree of pollution, degradation, and depletion of underground water;

b) For the investigation and assessment to determine restricted exploitation zones of underground water, it must clearly explain the basis for delineation and propose measures to restrict underground water exploitation corresponding to each restricted zone; compile a list, map of restricted exploitation zones of underground water, and propose plans to organize the implementation of restricted underground water exploitation in accordance with the law on restricting underground water exploitation;

c) For the investigation to find underground water sources, it must identify areas and aquifers with potential for exploitation; determine the volume and quality of underground water; characteristics of distribution, volume, and quality of aquifers with potential for exploitation; determine exploitation plans and types of underground water extraction works;

d) For the investigation and assessment to warn and forecast the impact of climate change on underground water resources, it must clearly explain the basis and results of evaluating and forecasting the impact of climate change on the quantity, quality, saltwater intrusion, and other issues affecting underground water sources according to published climate change scenarios;

e) For the investigation and assessment to determine the feasibility of artificial recharge of underground water, it must clearly explain the basis for identifying areas requiring artificial recharge of underground water and the feasibility of implementing artificial recharge measures for each area; delineate regions, areas, and aquifers capable of artificial recharge of underground water; propose priority order for implementing artificial recharge of underground water.

Article 10. Responsibilities for conducting investigations and assessments of underground water resources

1. The Ministry of Natural Resources and Environment shall direct the implementation of comprehensive investigations and assessments of underground water resources, as well as specialized investigations and assessments of underground water resources with inter-regional and inter-provincial characteristics.

2. Provincial People's Committees and municipal People's Committees under the central government shall organize the implementation of comprehensive investigations and assessments of underground water resources, as well as specialized investigations and assessments of underground water resources for intra-provincial water sources and inter-provincial water sources within their respective jurisdictions.

3. The implementation of projects stipulated in Clause 1 and Clause 2 of this Article must ensure synchronization and consistency between the central and local levels; ensure the systemic nature of structures, complexes, and aquifers within each river basin and sub-basin.

Article 11. Effectiveness and Implementation

1. Underground water resource investigation and assessment projects that have been approved by competent state agencies before the effective date of this Circular shall continue to be implemented according to the approved decisions.

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

3. Decision No. 13/2007/QĐ-BTNMT dated September 4, 2007, issued by the Minister of Natural Resources and Environment on regulations concerning the investigation and assessment of underground water resources shall cease to be effective from the date this Circular takes effect.

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

5. Ministries, ministerial-level agencies, provincial People's Committees, municipal People's Committees under the central government, and related organizations and individuals shall be responsible for implementing this Circular./.