DECREE

ELABORATING SOME ARTICLES OF THE LAW ON WATER RESOURCES

Pursuant to the Law on Government Organization dated June 19, 2015; Law dated November 22, 2019 on Amendments to some Articles of the Law on Government Organization and Law on Local Government Organization;

Pursuant to the Law on Natural Resources dated November 27, 2023;

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

The Government hereby promulgates a Decree elaborating some Articles of the Law on Water Resources.

Chapter I

GENERAL

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This Decree elaborates Article 7, clause 5 Article 9, Article 10, clause 5 Article 17, Article 19, clause 9 Article 23, Article 30, clause 5 Article 31, Article 35, clause 3 Article 37, clause 10 Article 38, clause 3 Article 51, clause 10 Article 63, clause 6 Article 66, clause 5 Article 71, clause 5 Article 81 of the Law on Water Resources on national water resources information system and database; baseline survey of water resources; formulation, appraisal, approval and adjustment of planning for baseline survey of water resources; conduct of baseline survey of water resources; formulation, appraisal and approval of comprehensive inter-provincial river basin planning; list of inter-provincial river basins for which planning is required; review and adjustment of comprehensive inter-provincial river basin planning; water source protection corridors; determination of perimeters of water source protection corridors; regulations on water sources requiring protection corridor boundary markers and planting of water source protection corridor boundary markers; groundwater exploitation threshold; determination of areas prohibited and restricted from groundwater exploitation; regulation and distribution of water resources; river basin water transfer; regulations on procedures and power to approve details about water transfer plans; technical infrastructure for real-time operation of reservoirs and inter-reservoirs; procedures for adjusting inter-reservoir operation procedures; establishment and adjustment of procedures for real-time inter-reservoir operation procedures; formulation of regulations on cooperation in operation of dams and reservoirs in rivers and streams; subjects, scope, frequencies, parameters for monitoring of water resources, surveillance of water resource exploitation and surveillance of water quality, and roadmap for implementation thereof; compilation of lists of lakes, ponds and lagoons prohibited from reclamation; river and lake bed, bank and terrace erosion prevention and control; water resource accounting and roadmap therefor; coordination and surveillance of exploitation, use and protection of water resources, prevention of, response to and recovery from damage caused by water; organizational structures and activities of river basin organizations.

Article 2. Regulated entities

This Decree applies to agencies, organizations, residential communities, households and individuals whose activities involve water resources within the territory of the Socialist Republic of Vietnam.

Article 3. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. “surveillance of water resource exploitation” means the control of water resource exploitation activities by competent authorities by way of keeping track of monitoring data in the process of water resource exploitation by organizations and individuals.

2. “real-time surveillance of water resource exploitation” means the surveillance of water resource exploitation using equipment for automatic monitoring and measuring or online and continuous transmission of data in real time.

3. “river sub-basin”: A river basin may include multiple small watersheds called sub-basins.

4. “bank edge of a river, stream, canal or ditch” means the boundary between the natural slope of the river, stream, canal or ditch and the natural ground surface in horizontal direction. For an embanked river, stream, canal or ditch, the bank edge is the boundary between the slope of the top of the embankment and the ground surface in horizontal direction. The bank edge of a natural or man-made lagoon, pond or lake other than a hydropower or irrigation reservoir shall be determined by the authority formulating the marker planting plan based on the highest water level; for a coastal lagoon, its bank edge shall be determined based on the average highest tide in many years.

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6. “river bed” means the range between the two bank edges of a river.

7. “groundwater exploitation structures” consist one or more drilled wells, dug wells, dug holes, corridors, springs and caves used for exploitation of groundwater and owned by an organization or individual and the adjacent distance among them is not greater than 1,000 m.

8. “functions of a water source protection corridor” are to maintain the bank stability, prevent and combat the encroachment upon land along the water source; to prevent and combat activities threatening to pollute and deteriorate the water source; to maintain the development of aquatic ecosystems, flora and fauna along the water source; to protect and preserve religious activities, practices of folk beliefs, cultural values and biodiversity, maintain the development of tourism in relation to the water source.

Chapter II

BASELINE SURVEY OF WATER RESOURCES AND FORMULATION, APPRAISAL, APPROVAL AND ADJUSTMENT OF SPECIALIZED AND TECHNICAL PLANNING FOR WATER RESOURCES

Section 1. BASELINE SURVEY OF WATER RESOURCES

Article 4. Requirements for activities of baseline survey of water resources

Activities of baseline survey of water resources specified in clause 3 Article 9 of the Law on Water Resources shall comply with the following requirements:

1. Activities of baseline survey of water resources shall be carried out according to schemes and projects by competent authorities having competence in appraisal, acceptance and approval of results.

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3. Synchronization, consistence and fulfillment of objectives of each scheme or project shall be ensured.

4. Information, data and results of baseline survey of water resources shall be reviewed and updated to the national water resources information system and database as prescribed in clause 4 Article 84 of this Decree.

Article 5. Survey and assessment of water resources

The activities of survey and assessment of water resources specified in point clause 3 Article 9 of the Law on Water Resources consist of the following:

1. Survey and assessment of surface water resources carried out on natural and artificial rivers, streams, canals, ditches, lakes, ponds and lagoons, including one or more activities below:

a) Survey and assessment of morphological characteristics of rivers, streams, canals, ditches, lakes, ponds and lagoons; survey and assessment of quantity and quality of surface water;

b) Survey and assessment of deterioration, depletion, pollution and salinization of surface water sources;

c) Survey and assessment of carrying capacity of surface water sources;

d) Survey and assessment of minimum flows on rivers and streams; survey and zoning of surface water functions.

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a) Survey and assessment of reserves and quality of groundwater on a scale of 1:200.000; 1:100.000; 1:50.000; 1:25.000;

b) Survey and prospecting of groundwater sources;

c) Survey and assessment of deterioration, depletion, pollution and salinization of groundwater sources;

d) Survey and zoning of areas prohibited and restricted from groundwater exploitation;

dd) Survey and determination of the capacity for artificial recharge of groundwater.

3. Survey and assessment of exploitation and use of water resources and discharge of wastewater into water sources.

4. Survey and determination of list of lakes, ponds and lagoons prohibited from reclamation.

5. Survey and assessment in service of making of zoning map for drought and water scarcity risks.

6. The Ministry of Natural Resources and Environment shall carry out survey and assessment of groundwater resources with regard to the following activities:

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b) Survey and assessment of the activities specified in point b clause 2 and clause 5 of this Article.

7. Every provincial People's Committee shall carry out survey and assessment of groundwater resources with regard to the following activities:

a) Survey and assessment of the activities specified in clause 1, points a and c clause 2, clauses 3 and 4 of this Article on a provincial scale;

b) Survey and assessment of the activities specified in points d and dd clause 2 of this Article.

Article 6. Inventory of water resources

1. Inventory of water resources means the production of statistics on, measurement, calculation, and aggregation according to inventory indicators of water quantity and quality, water exploitation and use and discharge of wastewater into water sources by the time of conducting an inventory.

2. Water resources inventory shall be conducted for natural and artificial water sources; rain water; structures for exploitation and use of surface water, groundwater and seawater; works which discharge wastewater into water sources nationwide. They are classified by river basins and administrative units.

3. Water resources inventory shall be conducted every 05 years nationwide in conformity with the national socio-economic development plan period and comprehensive inter-provincial river basin planning.

When it is time to conduct an inventory, based on resources and water resource fluctuations in the previous inventory period, the Ministry of Natural Resources and Environment shall preside over and cooperate with other Ministries and ministerial agencies to recommend the Prime Minister to consider and decide to organize an inventory of water resources according to clause 1 of this Article or inventory of several indicators to which a major change is made in comparison with those in the previous inventory period or recommend the results of the adjacent previous inventory period.

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a) The Ministry of Natural Resources and Environment shall preside over and cooperate with other Ministries, related ministerial agencies, local authorities and river basin organizations (if any) in formulating water resources inventory schemes or plans nationwide and submitting them to the Prime Minister for approval; organize inventory of water resources; consolidate and announce inventory results;

b) Every provincial People’s Committee shall organize the conduct of water resources inventory according to the water resources inventory scheme or plan approved by the Prime Minister within its province and send water resources inventory results to the Ministry of Natural Resources and Environment for consolidation.

Article 7. National water resources report and reports on exploitation and use of water resources of provinces, central-affiliated cities and related Ministries

1. National water resources report

a) The Ministry of Natural Resources and Environment shall preside over and cooperate with other Ministries, ministerial agencies, river basin organizations (if any) and provincial People's Committees in organizing the formulation and announcement of the national water resources report every 05 years nationwide;

b) Main contents of the national water resources report include an overview of natural, economic and social conditions that impact the exploitation, use and protection of water resources; current status of water resources; current status of exploitation and use of water resources; assessment of deterioration, depletion, and pollution of surface and groundwater sources; nationwide water resources management; propositions (if any).

2. Regarding a report on exploitation and use of water resources of a province or central-affiliated city: on an annual basis, each provincial People’s Committee shall preside over preparing a report on exploitation and use of water resources within its province or central-affiliated city and submit it to the Ministry of Natural Resources and Environment before January 30 of the next year. Main contents of the report exploitation and use of water resources of the province or central-affiliated city are composed of:

a) Current use of water for agriculture, including the following information: number of water resource exploitation structures (reservoirs, roller dams, culverts, pumping stations, drilled wells and other types of exploitation structures) and the changes compared to the previous reporting period; design irrigation area (if any), actual irrigation area; area of aquaculture; areas where water sources are not sufficient for irrigation; design capacity for water storage and actual amount of water stored in reservoirs and roller dams by months of the year;

b) Current supply of domestic water, including the following information: quantity of facilities for supply of urban and rural domestic water (surface water, groundwater); volume of water exploited by structures by water sources; areas frequently experiencing domestic water scarcity;

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d) Number of hydropower works (planned, under construction, in operation) and changes compared to the previous reporting period, installed capacity of hydropower plants; total capacity of hydropower reservoirs;

dd) Areas frequently experiencing drought, water scarcity and pollution;

e) Propositions (if any).

3. Regarding reports on exploitation and use of water resources of related Ministries: on an annual basis, the Ministry of Industry and Trade, Ministry of Agriculture and Rural Development and Ministry of Construction shall, according to their functions and scope of management, organize formulation of reports on exploitation and use of water resources as prescribed in clauses 4, 5 and 6 of this Article to the Ministry of Natural Resources and Environment before January 30 of the next year for consolidation and monitoring.

4. The Ministry of Agriculture and Rural Development shall prepare a report on exploitation and use of water resources for agricultural production regarding structures under its management, including the following contents:

a) Contents of exploitation and use of water resources for agricultural production, including the following information: number of exploitation structures (reservoirs, roller dams, culverts, pumping stations, drilled wells and other types of exploitation structures) and the changes compared to the previous reporting period; design capacity for water storage and actual amount of water stored in reservoirs and roller dams by months of the year; demands for exploitation and use of water and supply capacity of water sources by months of the year for various purposes;

b) Propositions (if any).

5. According to reports of Departments of Industry and Trade of provinces, the Ministry of Industry and Trade shall prepare a report on exploitation and use of water resources for hydropower and thermal power purposes, including the following contents:

a) Number of hydropower works (in operation), total capacity of hydropower plants, electricity production by months of the year and changes compared to the previous reporting period; volume of water stored in hydropower reservoirs by months of the year for annual or multi-year regulating reservoirs;

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c) Propositions (if any).

6. According to reports of Departments of Construction of provinces, the Ministry of Construction shall prepare a report on exploitation and use of water resources regarding urban water supply facilities, industrial parks and industrial clusters, including the following contents:

a) Number of water supply facilities (planned, under construction, in operation);

b) Total exploitation capacity by water sources (surface water, groundwater) in a year;

c) Propositions (if any).

Article 8. Other baseline survey activities

1. Activities of forming and maintaining networks for surface water and groundwater resources monitoring, surface water and groundwater source surveillance, warning and forecasting shall be carried out as follows:

a) The surface water and groundwater resources monitoring networks shall be formed according to planning for baseline survey of water resources, provincial planning and relevant regulations of law;

b) The maintenance and operation of the water resources monitoring network system according to the frequencies, indicators and parameters prescribed in Article 85 of this Decree shall be carried out by the Ministry of Natural Resources and Environment and local authorities;

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2. The activity of measuring river or stream cross sections shall be carried out as follows:

a) The measurement of river or stream cross sections shall be carried out every 05 years to service the state management of water resources. Priority is given to the measurement on rivers, streams, river and stream segments with unstable river or stream beds, banks and terraces or with major changes in bed evolutions that affect people's lives and socio-economic development; river or stream segments affected by the exploitation of sand, gravel and other minerals in river or stream bed; river or stream segments affected by reservoir operation.

When it is time to measure river or stream cross sections, based on resources and river or stream bed evolutions, the competent authority shall decide to the measurement of river or stream cross sections;

b) The measurement of river or stream cross sections shall be conducted under a separate scheme or project or integrated into another baseline water resources survey scheme or project.  According to the objectives of the scheme or project, the authority having power to approve the project shall decide to select the number of cross sections, locations of cross sections and frequency of measurement of river or stream cross sections, ensuring inheritance, accuracy and representativeness.

If a location of measurement of river or stream cross section in service of water resources management is identical with the location of measurement of river or stream cross section in service of management of flood control system and natural disaster management, the result of the latter shall be considered and inherited.

3. The activity of assessing the progress in river bed, bank or terrace erosion to service water resources management, including the following main contents:

a) Conducting investigation and determining the river segment or river area where river bed, bank or terrace erosion occurs; determining the scale, degree and causes of river bed, bank or terrace erosion;

b) Compiling a list of river segments and river areas where river bed, bank or terrace erosion occurs, including locations of erosion; maps showing river points, segments and areas where river bed, bank or terrace erosion occurs;

4. The activities of carrying out investigation and survey in service of formulating the groundwater protection plan shall be carried out every 05 years or on an ad hoc basis, ensuring the adequacy of information and data in service of formulation and adjustment of the groundwater protection plan.

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6. The development of water source scenarios, creation and operation of decision support tool systems in service of regulation and distribution of water resources shall comply with the regulations enshrined in this Decree.

Article 9. Funding for activities of baseline survey of water resources

1. State budget for regular expenditures on activities of baseline survey of water resources:

a) Expenditures on economic activities:

Central government budget for expenditures on the tasks performed by ministries and central authorities as specified in this Decree, including: point a clause 1 of Article 5; points a and b clause 2 of Article 5; clauses 3 and 5 of Article 5; Article 6; clauses 1 and 3 of Article 7; points b and c clause 1 of Article 8; development of water source scenarios and operation of a decision support tool system to serve the regulation and distribution of water resources specified in clause 6 of Article 8.

Local government budget for expenditures on the tasks performed by local authorities as specified in this Decree, including: point a clause 1 Article 5; point a clause 2 of Article 5; clause of Article 5; Article 6; clause 2 of Article 7; point b clause 1 of Article 8;

b) Expenditures on environmental protection:

Central government budget for expenditures on the tasks performed by ministries and central authorities specified in this Decree, including: points b, c and d clause 1 of Article 5; point c clause 2 of Article 5; clauses 4 and 5 of Article 5; clauses 2 and 3 of Article 8.

Local government budget for expenditures on the tasks performed by local authorities as specified in this Decree, including: points b, c and d clause 1 of Article 5; points c, d and dd clause 2 of Article 5; clause 4 of Article 5; clauses 2, 3, 4 and 5 of Article 8.

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a) Central government budget for expenditures on the tasks performed by ministries and central authorities as specified in this Decree, including: point a clause 1 Article 8; creation of a decision support tool system in service of regulation and distribution of water resources as specified in clause 6 of Article 8;

b) Local government budget for expenditures on establishment of a water resources monitoring network as specified in point a clause 1 Article 8 of this Decree.

3. Sources of private capital for activities of baseline survey of water resources:

a) Sources of legitimate capital of enterprises, organizations and individuals involved in activities of baseline survey of water resources;

b) Contributions, sponsorships and aids from organizations and individuals under regulations of law;

c) Other revenues in accordance with regulations of law (if any).

The raising of private capital for performance of tasks of baseline survey of water resources specified in this Decree shall comply with regulations of law on natural resources and other relevant regulations of law, except for tasks of baseline survey of water resources related to national defense and security and classified as state secrets.

Section 2. FORMULATION, APPRAISAL, APPROVAL AND ADJUSTMENT OF SPECIALIZED AND TECHNICAL PLANNING FOR WATER RESOURCES

Article 10. General regulations on formulation, appraisal, approval and adjustment of specialized and technical planning for water resources

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For the planning for protection, exploitation and use of transboundary water sources, it will be formulated with the cooperation between countries sharing water sources and the procedures for formulation, appraisal and approval thereof shall rely on the agreement between countries sharing water sources.

2. The Minister of Natural Resources and Environment shall establish a Planning Task Appraisal Council and Planning Appraisal Council. Specialized water resources authority affiliated to the Ministry of Natural Resources and Environment is a standing body of the Appraisal Council.

3. The Minister of Natural Resources and Environment shall assign the planning authority to formulate planning. The planning authority shall organize the determination of planning tasks and formulation of planning or hire a consultancy to do so.

4. The deadline for determining planning tasks is no more than 09 months from the date on which the task is assigned; deadline for formulating planning is no more than 24 months from the date on which the planning tasks are approved. If extension is needed, the planning authority shall request the Minister of Natural Resources and Environment to decide to extend the deadline by up to 03 months in the case of determination of planning tasks and up to 12 months in the case of formulating planning.

5. The costs of formulating, appraising, approving, announcing, reviewing and adjusting planning shall be covered by the budget for regular expenditures in accordance with regulations of law on state budget or other legal sources of capital.

Article 11. Appraisal of planning tasks

1. A Planning Task Appraisal Council is composed of:

a) Council’s Chairperson, who is a leader of the Ministry of Natural Resources and Environment;

b) Council’s Deputy Chairperson, who is a leader of the specialized water resources authority;

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2. A meeting about appraisal of planning tasks will be conducted if it is attended by at least two thirds (2/3) of the Appraisal Council’s members, including the Chairperson or the Deputy Chairperson, representative standing body of the Appraisal Council and representative of the planning authority.

3. The Appraisal Council’s standing body has the responsibility to:

a) Receive, examine, process and provide applications for appraisal of planning tasks to the Appraisal Council’s members for their examination and contribution of comments;

b) Hold Appraisal Council's meetings and make minutes of meetings;

c) Request the planning authority to adjust, supplement, complete or re-determine planning tasks according to the conclusion given by the Appraisal Council;

d) Organize re-appraisal of planning tasks in case they are not approved.

4. An application for appraisal of planning tasks consists of:

a) An application form for appraisal submitted by the planning authority;

b) A draft proposal for approval of planning tasks;

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d) An explanatory note to planning tasks;

dd) Other documents (if any).

5. Details of planning tasks:

a) Main details of tasks of formulating the comprehensive planning for baseline survey of water resources include: bases for planning formulation; objectives; scope; details of tasks and main solutions for implementation; funding; plan for and progress in formulation of planning; responsibilities of related agencies for formulation of planning;

b) Main details of tasks of formulating the comprehensive inter-provincial river basin planning are specified in Article 15 of the Law on Water Resources.

6. Details of appraisal of planning tasks:

a) Conformity of legal bases;

b) Conformity, scientificity and reliability of planning contents and methods;

c) Conformity of details of planning tasks with cost estimates and capital sources for planning formulation; solutions and resources for planning implementation;

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7. The deadline for appraising planning tasks is no more than 30 days from the date on which the Appraisal Council’s standing body receives a sufficient application for appraisal.

8. Minutes of a meeting about appraisal of planning tasks:

a) A minutes of meeting about appraisal of planning tasks shall explicitly state comments of the Council’s members and conclusions of the Council’s Chairperson;

b) Within 10 days from the date on which the meeting is held, the Appraisal Council’s standing body shall complete the minutes of meeting and send it to the planning authority;

c) Within 15 days from the date on which the minutes of meeting is received, the planning authority shall study, respond to and receive appraisal comments, revise, complete and send the application to the Appraisal Council’s standing body to seek its comments before submission to the Minister of Natural Resources and Environment for approval of planning tasks.

Article 12. Approval of planning tasks

1. The Minister of Natural Resources and Environment shall approve planning tasks.

2. An application for approval of planning tasks includes:

a) An application form for approval of planning tasks;

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c) A minutes of meeting about appraisal of planning tasks enclosed with a statement of explanation and responses to comments of the Council's members;

d) Other documents (if any).

3. A decision on approval of planning tasks primarily consists of the following details:

a) For the comprehensive planning for baseline survey of water resources: name of the planning, planning period, scope and objectives of the planning; details, tasks and main solutions for implementation; composition, quantity, standards and specifications of planning dossier; requirements for diagrams, maps, information and data (if any); funding for formulation of planning; implementary organization;

b) For the comprehensive inter-provincial river basin planning: name of the planning, planning period, scope of the planning; requirements for viewpoints, objectives and principles of formulating planning; requirements for planning details and methods for planning formulation; regulations on composition, quantity and standards, requirements for diagrams, maps, information and data (if any); specifications of planning dossier; funding for formulation of planning; implementary organization.

Article 13. Formulation of planning

1. According to the approved planning tasks, the planning authority shall develop contents of the comprehensive planning for baseline survey of water resources as prescribed in point b clause 4 Article 9 of the Law on Water Resources and contents of the comprehensive inter-provincial river basin planning as prescribed in Article 16 of the Law on Water Resources and complete the planning dossier as prescribed in clause 2 of this Article.

For the comprehensive inter-provincial river basin planning, the planning authority shall prepare a strategic environmental assessment report in accordance with regulations of law on environmental protection. The strategic environmental assessment report shall be prepared and appraised together with the formulation and appraisal of the planning.

2. A planning dossier includes:

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b) Summary report;

c) A draft proposal for approval of planning;

d) A draft decision on approval of planning;

dd) Diagrams and maps of the planning; map scale regarding comprehensive inter-provincial river basin planning as specified in the Appendix I of this Decree;

e) Approved planning tasks;

g) Other relevant documents (if any);

h) A strategic environmental assessment report regarding the comprehensive inter-provincial river basin planning.

Article 14. Collecting comments on planning

1. The Ministry of Natural Resources and Environment shall send the planning dossier prescribed in clause 2 Article 13 of this Decree to collect comments before organizing appraisal of planning. Comments on contents of the draft planning, except for those related to state secrets as prescribed by law shall be collected.

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a) Ministries and ministerial agencies: Ministry of Planning and Investment, Ministry of Finance, Ministry of Agriculture and Rural Development, Ministry of Construction, Ministry of Industry and Trade, Ministry of Transport, Ministry of Culture, Sports and Tourism, Ministry of National Defense, Ministry of Public Security, relevant Ministries and ministerial agencies;

b) Provincial People’s Committees within the scope of the planning;

c) River basin organization (if any);

d) For the comprehensive inter-provincial river basin planning, apart from collecting comments of the entities specified in points a, b and c of this clause, it is required to collect comments of the authority appraising the strategic environmental assessment in accordance with regulations of law on environmental protection and several organizations and individuals exploiting and using water on large scale, including reservoirs, facilities for water storage and water source development having capacity for annual or multi-year regulation; facilities for water regulation and exploitation having inter-regional or inter-provincial impacts or great impacts on water sources.

3. The enquired agencies, organizations and individuals specified in clause 2 of this Article shall give written responses within 30 days from the date on which the enquiry about the planning is received.

4. The planning dossier must be posted within at least 30 days on the web portal of the Ministry of Natural Resources and Environment (except for contents related to state secrets as prescribed by law) to collect comments from organizations and individuals.

5. The planning authority shall complete the application for appraisal of planning and submit it to the Planning Appraisal Council.

Article 15. Planning Appraisal Council

1. A Planning Appraisal Council is composed of:

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b) Council’s Deputy Chairperson, who is a leader of the specialized water resources authority;

c) Other Council’s members, including representatives of the Ministry of Planning and Investment, Ministry of Agriculture and Rural Development, Ministry of Construction, Ministry of Industry and Trade, Ministry of Transport, Ministry of Culture, Sports and Tourism; representative of the Appraisal Council’s standing body; representative of the related river basin organization (if any); representative of the provincial People's Committee within the scope of the planning, water resources experts, other relevant agencies and units decided by the Minister of Natural Resources and Environment;

There must be at least 02 Council’s members acting as reviewers. For the comprehensive inter-provincial river basin planning, there must be 01 more member acting as a reviewer, who is a representative of the authority appraising the strategic environmental assessment report as prescribed by law.

2. Responsibilities and powers of the Appraisal Council:

a) The Council’s Chairperson shall take responsibility for activities of the Appraisal Council; hold and chair meetings of the Appraisal Council or authorize the Deputy Chairperson to perform the tasks within the power and responsibility of the Council’s Chairperson;

b) Reviewers shall attend meetings of the Appraisal Council; examine applications for appraisal of planning; send their written comments to the Appraisal Council’s standing body prior to each Appraisal Council’s meeting; make their comments at the meeting of the Planning Appraisal Council about contents within the scope of their expertise and general issues; review responses and explanations in the planning dossier according to the Planning Appraisal Council’s minutes; be responsible to the Council’s Chairperson and the law for their comments on the applications for appraisal of planning;

c) Council’s members shall attend meetings of the Appraisal Council; examine applications for appraisal of planning; make written comments at meetings of the Appraisal Council.

3. The Appraisal Council’s standing body has the responsibility to:

a) Receive, examine, process and provide applications for appraisal of planning to the Appraisal Council’s members for their examination and contribution of comments;

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c) Make draft minutes of Appraisal Council's meetings and submit them to the Council's Chairperson for his/her consideration and decision.

Article 16. Details of appraisal of planning

1. For the comprehensive planning for baseline survey of water resources:

a) Its conformity with approved planning tasks, conformity with regulations of law on planning;

b) Assessment of results of planning implementation in the previous period; requirements for information and data on natural resources, exploitation and use of water resources nationwide;

c) Feasibility of proposed activities of baseline survey of water resources, order of priority given to the conduct thereof during the planning period and water resources monitoring network; conformity of list of transboundary surface water sources, list of inter-provincial water sources, list of groundwater sources;

d) Solutions, funding, plans for and progress in implementation of the planning.

2. For the comprehensive inter-provincial river basin planning:

a) Conformity with approved planning tasks, conformity with regulations of law on planning and other relevant regulations of law;

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c) Water resources changes, exploitation, use and protection of water resources; protection and development of water generation sources; prevention of, response to and recovery from damage caused by water;

d) Zoning of water source functions; areas frequently experiencing drought and water scarcity; minimum flows; threshold and volume of water that can be exploited from water sources; water resource issues that need to be resolved during the planning period;

dd) Viewpoints and goals of the planning; orientations for regulation, distribution and protection of water resources; prevention of, response to and recovery from damage caused by water and other characteristics of river basins; assessment of conformity of contents, specifications, diagrams and maps of the planning;

e) Areas and water sources to which priority is given to formulate detailed planning;

g) Solutions, funding, plans for and progress in implementation of the planning;

h) Details of appraisal of the strategic environmental assessment report in accordance with regulations of law on environmental protection.

Article 17. Organizing appraisal of planning

1. The planning authority shall send planning appraisal documentation to the Planning Appraisal Council’s members through the Appraisal Council’s standing body.

2. The planning appraisal documentation includes the planning dossier specified in clause 2 Article 13 of this Decree which has been revised based on comments, enclosed with a consolidated sheet of responses and explanations for comments and photocopies of comments of agencies, organizations and individuals.

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4. A meeting about appraisal of planning will be conducted if it is attended by at least two thirds (2/3) of the appraisal council’s members, including the Chairperson or the Deputy Chairperson and at least 01 reviewer. For the comprehensive inter-provincial river basin planning, there must be 01 more member acting as a reviewer, who is a representative of the authority appraising the strategic environmental assessment report; representative of the Appraisal Council’s standing body and representative of the planning authority.

5. The documentation for formulation of planning shall be completed and sent to the Appraisal Council:

a) If the planning (and revisions thereto, if any) is approved by the Appraisal Council, within 30 days from the date on which the planning appraisal result report is received, the planning authority shall complete and send the documentation to the Appraisal Council’s standing body to seek its comments before reporting to the Minister of Natural Resources and Environment for consideration and decision on submission to the Prime Minister for approval of the planning.

b) If the planning is not approved by the Appraisal Council, within 90 days from the date on which the planning appraisal result report is received, the planning authority shall complete and send the documentation to the Appraisal Council’s standing body for reporting to the Ministry of Natural Resources and Environment for re-appraisal in accordance with the planning approval procedures of this Decree.

Article 18. Approval of planning

1. The Minister of Natural Resources and Environment shall submit an application to the Prime Minister for approval of planning.

2. An application for approval of planning includes:

a) An application form for approval of planning;

b) Prime Minister’s draft Decision on approval of planning, primarily containing: planning period, scope and subjects of the planning; viewpoints, objectives and contents of the planning, solutions and funding for formulation of planning, and implementary organization.

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d) A consolidated sheet of responses and explanations for comments and photocopies of comments of agencies, organizations and individuals;

dd) An explanatory report on the revised and completed planning;

e) Diagrams and maps of the planning;

g) Other documents (if any);

h) For the comprehensive inter-provincial river basin planning dossier, a strategic environmental assessment in accordance with regulations of law on environmental protection is required.

Article 19. Review and adjustment of planning

1. In case of changing the requirements for information and data on water resources, exploitation and use of water resources nationwide so as to meet the demands for water resources management, the Ministry of Natural Resources and Environment shall recommend the Prime Minister to adjust the comprehensive planning for baseline survey of water resources. Procedures for collecting comments, appraising and approving adjustments to the planning are the same as those for formulating the comprehensive planning for baseline survey of water resources.

2. The review and adjustment of the comprehensive inter-provincial river basin planning shall be carried out as prescribed in Article 19 of the Law on Water Resources. The local adjustment specified in clause 4 Article 19 of the Law on Water Resources shall be made in the following cases:

a) Change of details of zoning of water source functions;

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c) Change of water sources and backup facilities for supply of domestic water;

d) Addition or adjustment of structures for water source protection and minimization of damage caused by water

dd) Addition or adjustment of areas or water sources to which priority is given to formulate a detailed plan containing the following contents: regulation, distribution, exploitation and use of water resources; protection of water resources, prevention of, response to and recovery from damage caused by water;

e) Change of order of priority for regulation and distribution of water resources in the case of drought or water scarcity to industries, localities, and entities exploiting and using water resources.

3. Procedures for making local adjustments to the comprehensive inter-provincial river basin planning as prescribed in clause 2 of this Article shall be initiated as follows:

a) A Ministry, ministerial agency or provincial People’s Committee shall, within the scope of its functions and tasks, submit an application for adjustment to the Ministry of Natural Resources and Environment for appraisal;

b) The application for adjustment consists of a written request for adjustment; an explanatory report on the request for adjustment; other documents (if any).

The explanatory report on the request for adjustment must explicitly justify and explain the bases, scale and scope of the request for adjustment; explain and include information and data to prove that the adjustment does not change the viewpoints, objectives, and main contents of the comprehensive inter-provincial river basin planning approved by the Prime Minister;

c) The Ministry of Natural Resources and Environment shall collect comments on the application for adjustment of the planning from Ministries, ministerial agencies, river basin organization (if any) and relevant local authorities as prescribed in clause 2 Article 14 of this Decree. Where necessary, the Ministry of Natural Resources and Environment shall collect comments of some experts, hold meetings with related agencies and units and experts to obtain their comments before considering and deciding the adjustment;

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Article 20. List of inter-provincial river basins for which planning is required

River basins for which the comprehensive inter-provincial river basin planning is required include:

1. Bang Giang - Ky Cung river basin and its vicinity.

2. Red - Thai Binh river basin and its vicinity.

3. Ma river basin and its vicinity.

4. Ca river basin and its vicinity.

5. Huong river basin and its vicinity.

6. Vu Gia - Thu Bon river basin and its vicinity.

7. Tra Khuc river basin and its vicinity.

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9. Kon - Ha Thanh river basin and its vicinity.

10. Se San river basin and its vicinity.

11. Srepok river basin and its vicinity.

12. Dong Nai river basin and its vicinity.

13. Cuu Long river basin and its vicinity.

14. Coastal river basins of Quang Ninh province.

15. Coastal river basins of Quang Binh and Quang Tri provinces.

16. Coastal river basins of the South Central Coast.

Chapter III

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Section 1. ESTABLISHMENT AND MANAGEMENT OF WATER SOURCE PROTECTION CORRIDORS

Article 21. Water sources requiring protection corridors

1. Water sources requiring protection corridors include those specified in clause 2 Article 23 of the Law on Water Resources.

2. Water sources requiring protection corridors specified in point c clause 2 Article 23 of the Law on Water Resources include lakes, ponds and lagoons on the List of lakes, ponds and lagoons prohibited from reclamation with a surface water area of at least 02 ha.

According to current local situation, the provincial People’s Committee shall decide to include lakes, ponds and lagoons on the List of lakes, ponds and lagoons prohibited from reclamation with a surface water area of at least 02 ha in the List of water sources requiring protection corridors.

3. The water sources requiring protection corridors specified in point d clause 2 Article 23 of the Law on Water Resources consist of:

a) River, stream, canal and ditch segments, which are sources of supply of water to domestic and production water supply facilities;

b) River and stream segments, which suffer from or are prone to erosion;

c) Inter-district and inter-provincial rivers, streams, canals and ditches, which are drainage channels for urban areas, high density residential areas, industrial parks and industrial clusters;

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dd) Rivers, streams, canals and ditches in relation to livelihoods of residential communities living along rivers.

Article 22. Bases for determination of water source protection corridors

1. Functions of water source protection corridors.

2. Topographic, geological, hydrogeological, environmental and ecological characteristics; river, stream, canal and ditch bed and bank evolutions.

3. Current land use, land use planning, economic, cultural and social activities in areas along water sources.

4. Specific regulations on perimeters of water source protection corridors specified in Articles 23, 24 and 25 of this Decree.

Article 23. Perimeters of water source protection corridors for hydropower and irrigation dams and reservoirs and other reservoirs on rivers and streams

1. For a hydropower reservoir having a total capacity greater than one billion cubic meters (1,000,000,000 m³) or with a total capacity from ten million cubic meters (10,000,000 m³) to one billion cubic meters (1,000,000,000 m³) but located in a high density residential area or area where national defense and security works exist, the perimeter of the water source protection corridor shall extend from the reservoir margin with its elevation equal to the highest water level corresponding to the design flood to the reservoir margin with its elevation equal to the reservoir bed ground clearance elevation.

2. For a hydropower reservoir other than that specified in clause 1 of this Article and other reservoirs on rivers and streams, the perimeter of the water source protection corridor shall extend from the reservoir margin with its elevation equal to the crest elevation to the reservoir margin with its elevation equal to the reservoir bed ground clearance elevation.

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Article 24. Perimeters of water source protection corridors for rivers, streams, canals and ditches

1. For a river, stream, canal or ditch protection corridor having the function of maintaining the bank stability, preventing and combating the encroachment upon land along the water source, the perimeter of the water source protection corridor shall be:

a) At least 10 m from the bank edge for the segment of the river, stream, canal or ditch flowing through urban areas or high density residential areas or planned for construction of an urban area or high density residential area;

b) At least 05 m from the bank edge for the segment of the river, stream, canal or ditch not flowing through urban areas or high density residential areas;

c) If a river, stream, canal or ditch segment suffers from erosion or is prone to erosion, the provincial People’s Committee shall rely on the bed evolutions and status of the erosion to decide the protection corridor to ensure the safety of the people and their property, minimize the causes of bank erosion and maintain the bank stability.

2. For a river, stream, canal or ditch protection corridor having the function of preventing and combating activities threatening to pollute and deteriorate the water source, the perimeter of the water source protection corridor shall be:

a) At least 20 m from the bank edge for the segment of the river, stream, canal or ditch flowing through urban areas or high density residential areas or planned for construction of an urban area or high density residential area;

b) At least 15 m from the bank edge for the segment of the river, stream, canal or ditch not flowing through urban areas or high density residential areas.

3. For a river, stream, canal or ditch protection corridor having the function of maintaining the development of aquatic ecosystems, flora and fauna along the water source, the perimeter of the water source protection corridor shall be at least 30 m from the bank edge or cover the entire wetland of the river, stream, canal or ditch.

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5. If a river, stream, canal or ditch has been embanked, the provincial People’s Committee shall consider and decide a perimeter of the water source protection corridor which must be shorter than the minimum perimeter specified in clauses 1, 2 and 3 of this Article.

6. If the water source protection corridor has two functions or more, the wider minimum perimeter shall apply.

7. In case the water source protection corridors defined in clauses 1, 2, 3 and 4 of this Article are located on the segments of the river, stream, canal or ditch along which dykes, railway lines, roads, waterways or other infrastructural facilities exist, the maximum perimeter of these water source protection corridors must not transcend the boundary marker of the dyke protection corridors close to the river or of the safety corridor of such facilities close to the bank.

8. In case a canal or ditch is within the system of a hydraulic structure, the perimeter and boundary marker of the water source protection corridors shall be the boundary marker of the hydraulic structure protection corridor.

9. In case a river, stream, canal or ditch is located within a nature reserve or within the protection perimeter of a historical and cultural site, regulations of law on nature conservation and protection of historical and cultural sites shall be complied with.

Article 25. Water source protection corridors for lakes, ponds and lagoons on the List of lakes, ponds and lagoons prohibited from reclamation and other water sources

1. For lakes, ponds and lagoons on the List of lakes, ponds and lagoons prohibited from reclamation and other water sources, the perimeter of the water source protection corridor must not be shorter than 10 m from the bank edge, except for the cases specified in clauses 2, 3 and 4 of this Article. For hydropower and irrigation reservoirs on the List of lakes, ponds and lagoons prohibited from reclamation, the perimeter shall be determined as prescribed in Article 23 of this Decree.

2. For natural lagoons and water sources related to religious activities, practices of folk beliefs, high biodiversity, cultural conservation, and protection and development of ecosystems, the perimeter of the water source protection corridor shall not be shorter than 30 m from the bank edge.

3. In case a water source is located within a nature reserve or within the protection perimeter of a historical and cultural site, regulations of law on nature conservation and protection of historical and cultural sites shall be complied with.

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Article 26. Compilation, announcement and adjustment of List of water sources requiring protection corridors

1. A List of water sources requiring protection corridors primarily contains the following:

a) Names and administrative divisions of the water sources requiring protection corridors;

b) Functions of water source protection corridors. Functions of a water source protection corridor shall be determined for the entire corridor or each corridor segment according to requirements for water source protection;

c) Perimeters of water source protection corridors; coordinates of vertices of water source protection corridors;

d) A List of water sources for which the planting of boundary markers of protection corridors is required as prescribed in clause 2 Article 28 and clause 1 Article 29 of this Decree and a plan to plant boundary markers of protection corridors.

Priority is given to planting of boundary markers for water sources in urban areas, high density residential areas, on river or stream segments which suffer from erosion or is prone to erosion in order to prevent and combat the encroachment upon land along the water source, maintain the bank stability and prevent risks of polluting and deteriorating the water sources.

2. The List of water source protection corridors must fully contain information and data so as to show perimeters of water source protection corridors on cadastral maps or current land use maps in areas as per regulations of law on land.

3. Compilation and announcement of a List of water sources requiring protection corridors:

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The documentation submitted for comments includes a draft Proposal; draft Decision on approval of List of water sources requiring protection corridors and other relevant documents.

The draft Proposal must contain the following main contents: explanatory notes to the selection of water sources requiring protection corridors; bases for determining function of each protection corridors; process of compiling the List;

b) The Department of Natural Resources and Environment shall complete the application based on the comments of the units, agencies, organizations and individuals specified in point a of this clause and submit it to the provincial People’s Committee for consideration and approval.

The application is composed of a Proposal; draft Decision on approval of List of water sources requiring protection corridors, consolidate sheet and photocopies of comments of the units, agencies, organizations and individuals specified in point a of this clause and other relevant documents.

c) Within 15 days from the date of approval, the Department of Natural Resources and Environment shall announce the List of water sources requiring protection corridors on mass media, post it on its web portal, notify it to the district-level People's Committee and openly post it at the headquarters of the People's Committee of a commune, ward or commune-level town (hereinafter referred to as “communal People's Committee”) where water sources requiring protection corridors exist.

4. If it is needed to adjust the List of water sources requiring protection corridors or adjust approved perimeters of water source protection corridors, the Department of Natural Resources and Environment shall carry out review and assessment and collect comments from the Department of Agriculture and Rural Development, Department of Industry and Trade, Department of Construction, Department of Transport, relevant departments and district-level People's Committees, consolidate such comments and submit them to the provincial People's Committee for consideration and decision on adjustment of the List of water sources requiring protection corridors.

The adjustment of the List of water sources requiring protection corridors or adjustment of perimeters of water source protection corridors shall be made as in the case of compiling and announcing List of water sources requiring protection corridors as prescribed in clause 3 of this Article.

Article 27. Showing perimeters of water source protection corridors on cadastral maps

1. According to corridor perimeters on the approved List of water sources requiring protection corridors, the Department of Natural Resources and Environment shall cooperate with district-level People’s Committees and communal People’s Committees in determining boundary markers of water source protection corridors on cadastral maps regarding areas for which cadastral maps are available. If cadastral maps are unavailable, perimeters of water source protection corridors shall be shown on current land use maps and included in the land use planning; update and add boundary markers of water source protection corridors after cadastral maps are made.

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2. Boundary markers of water source protection corridors on cadastral maps shall be managed and announced as per regulations of law on land.

Article 28. Planting boundary markers of water source protection corridors for hydropower and irrigation dams and reservoirs

1. The planting of boundary markers of water source protection corridors for irrigation dams and reservoirs shall comply with regulations of law on planting of boundary markers of hydraulic structure protection perimeters prescribed by the law on irrigation.

2. The planting of boundary markers of water source protection corridors shall be carried out for hydropower reservoirs with a total capacity of one million cubic meters (1,000,000 m³) or more. It is advisable to plant boundary markers of water source protection corridors for hydropower reservoirs with a total capacity of less than one million cubic meters (1,000,000 m³). The planting and transfer of boundary markers of water source protection corridors for hydropower reservoirs shall be completed before storing water at reservoirs.

3. Any organization managing and operating a hydropower reservoir specified in clause 2 of this Article shall preside over and cooperate with the People’s Committee of the district where the reservoir is located in formulating a plan to plant boundary markers of protection corridor of the reservoir's water source, which mainly consists of the following contents:

a) Basic parameters of the reservoir;

b) Current management and use of land around the reservoir;

c) Determination of specific perimeter of the water source protection corridor on the site plan;

d) Coordinates and administrative locations of boundary markers and distance between boundary markers;

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e) Progress in planting and transfer of boundary markers, funding therefor.

4. Procedures for appraising and approving the plan to plant boundary markers of protection corridor of the hydropower reservoir’s water source:

a) Receive and inspect the plan:

The organization managing and operating the reservoir shall submit 01 plan to plant boundary markers of water source protection corridor in person or by post or online via a public service portal to the Single Window System or Public Administrative Service Center of the provincial People’s Committee. If the Single Window System or Public Administrative Service Center has yet to be established, the Department of Natural Resources and Environment shall receive the plan.

Within 07 working days from the date on which the plan to plant boundary markers of water source protection corridor is received, the Department of Natural Resources and Environment shall consider and inspect the plan. If the plan fails to satisfy the requirements set out in clause 3 of this Article, the Department of Natural Resources and Environment shall notify the organization managing and operating the reservoir so as for it to complete the plan;

b) Appraise the plan to plant boundary markers of protection corridor of the hydropower reservoir’s water source:

Within 42 days from the date of receiving a satisfactory plan as prescribed, the Department of Natural Resources and Environment shall collect comments of the Department of Industry and Trade, Department of Agriculture and Rural Development and People’s Committee of the district where the reservoir is located, related agencies and units; carry out a site inspection where necessary, request the provincial People's Committee to establish a council for appraisal of the plan.

Within 07 working days, the enquired agencies shall give their written responses to the Department of Natural Resources and Environment. The Department of Natural Resources and Environment shall consolidate those comments and send them to the organization managing and operating the reservoir so as for it to complete the plan. The organization managing and operating the reservoir shall receive and respond to the comments and complete the plan. The time needed to supplement and complete the plan shall not be included in the appraisal time.

Where the plan is satisfactory, the Department of Natural Resources and Environment shall approve the plan to plant boundary markers; where the plan is unsatisfactory for approval, it shall return the plan to the organization managing and operating the reservoir and notify it in writing of the reasons for failure to grant approval;

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According to actual conditions of each locality, the provincial People's Committee shall transfer boundary markers to the People’s Committee of the district or commune where the hydropower reservoir is located for management and protection.

6. Funding for planting of boundary markers of water source protection corridors for hydropower reservoirs shall be covered by organizations managing and operating hydropower reservoirs; funding for planting of boundary markers of water source protection corridors for irrigation dams and reservoirs shall comply with regulations of law on irrigation.

7. If a hydropower reservoir is located in 02 provinces or more, the planting of boundary markers of water source protection corridor as prescribed in clauses 1 through 6 of this Article shall be carried out in each province.

Article 29. Planting boundary markers of water source protection corridors for other water sources

1. The planting of boundary markers of water source protection corridors shall be only carried out for areas for which cadastral maps are unavailable and in any of the following cases:

a) Any river, stream, canal or ditch segment suffers from erosion or there is a structure for exploitation of water for supply of water for domestic use with a capacity of 5,000 m³/24 hours;

b) Any water source specified in clause 2 Article 21 of this Decree suffers from erosion or there is a structure for exploitation of water for supply of water for domestic use with a capacity of 5,000 m³/24 hours.

2. On an annual basis, according to the plan to plant boundary markers of corridors on the approved List of water sources requiring protection corridors, the Department of Natural Resources and Environment shall preside over and cooperate with the district-level People’s Committee in submitting a plan to plant boundary markers of water source protection corridors within its district to the provincial People’s Committee for approval.

3. The plan to plant boundary markers of a water source protection corridor primarily contains the following:

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b) Coordinates and administrative locations of boundary markers and distance between boundary markers;

c) A compensation, land clearance and resettlement plan (if any);

d) A plan to organize and mobilize supplies, materials, equipment, human resources and technical solutions for planting on site;

dd) A detailed estimate of the costs of planting;

e) Progress in planting and transfer of boundary markers;

g) Authority planting boundary markers; authority receiving boundary markers for management and protection.

4. The planting of boundary markers of water source protection corridors shall adhere to technical guidelines of the Ministry of Natural Resources and Environment. If boundary markers of protection corridors of water sources of rivers, streams, canals and ditches are identical with boundary markers of channel protection corridors or with boundary markers of dyke protection corridors, it is required to use boundary markers of channel protection corridors in accordance with regulations of law on inland waterway traffic or boundary markers of dyke protection corridors in accordance with regulations of law on flood control system.

Within 10 days from the date of completing the boundary marker planting, the authority assigned to plant boundary markers shall transfer boundary markers to the authority receiving boundary markers for management and protection.

5. Funding for planting of boundary markers of water source protection corridors as prescribed in this Article shall be covered by the local government budget, budget for expenditures on environmental protection or sources of private capital and other legal sources of capital in accordance with regulations of law.

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1. Agencies, organizations, residential communities, households and individuals living, conducting production and business activities and providing services within water source protection corridors shall comply with the regulations set out in clauses 7 and 8 Article 23 of the Law on Water Resources.

2. The use of land within water source protection corridors shall comply with regulations of law on land.

Article 31. Responsibilities of the Ministry of Natural Resources and Environment and People’s Committees at all levels

1. The Ministry of Natural Resources and Environment shall instruct and direct localities to establish and manage water source protection corridors as per regulations of this Decree.

2. Every provincial People's Committee shall:

a) Direct and organize the formulation and approval of the List of water sources requiring protection corridors and plans to plant boundary markers of water source protection corridors; organize the implementation thereof and transfer boundary markers for management and protection in its province;

b) Organize the communication and dissemination of regulations on management of water resource protection corridors in its province; carry out audit and inspect, and impose penalties for violations against the law on establishment and management of water source protection corridors in its province;

c) Allocate a budget for compiling the List of water sources requiring protection corridors in its province and budget for planting of boundary markers of water source protection corridors in the annual estimated local government budget in line with regulations of law on state budget;

d) Direct the Department of Natural Resources and Environment to update the database of water source protection corridors to the national water resources information system and database.

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a) Organize the management and protection of boundary markers of water source protection corridors as directed by the provincial People’s Committee; supervise activities within water source protection corridors;

b) Cooperate with the Department of Natural Resources and Environment in compiling the List of water sources requiring protection corridors; showing boundary markers of water source protection corridors in its district or commune on cadastral maps;

c) Cooperate with organizations and individuals operating hydropower reservoirs in formulating a plan to plant boundary markers, determining protection corridors of the hydropower reservoirs’ water source in its district or commune and planting boundary markers on site after the plan to plant boundary markers is approved.

Section 2. GROUNDWATER EXPLOITATION THRESHOLD AND ZONING OF AREAS PROHIBITED AND RESTRICTED FROM GROUNDWATER EXPLOITATION

Article 32. Determination of groundwater exploitation threshold

1. Groundwater exploitation threshold is expressed as the permissible limit on exploitable water level of exploitable water of each aquifer in each area and is calculated on the basis of the permissible limit on exploitable water level of the aquifer specified in clause 2 of this Article.

The groundwater exploitation threshold shall be stipulated under comprehensive inter-provincial river basin planning. If the comprehensive inter-provincial river basin planning has been approved but has yet to stipulate a groundwater exploitation threshold, the threshold may be reviewed, updated and supplemented when adjusting the planning.

2. The permissible limit on exploitable water level of an aquifer is the maximum depth of the pumping water level allowed to be exploited in wells of a groundwater exploitation structure. The permissible limit on exploitable water level of an aquifer shall extend from the ground in the area surrounding the well to half the thickness of the unconfined aquifer or to the roof of the confined aquifer but must not exceed the prescribed distance below:

a) Regarding porous aquifers in localities in the Red River Delta: 35 m for metropolitan area of Hanoi City and other cities and district-level towns; 30 m for the remaining areas;

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c) Regarding porous aquifers in the regions other than those specified in points a and b of this clause: 30 m;

d) Regarding basalt and karst aquifers in localities in the Central Highlands and other localities: 50 m.

Article 33. Classification of areas prohibited and restricted from groundwater exploitation

1. Areas prohibited from groundwater exploitation shall be zoned off regarding the areas where land subsidence has occurred mentioned in point b clause 5 Article 31 of the Law on Water Resources.

2. Areas restricted from groundwater exploitation consist of the following:

a) Restricted areas 1, including areas at risk of land subsidence mentioned in point b clause 5 Article 31 of the Law on Water Resources; areas where groundwater sources are at risk of suffering from saltwater intrusion mentioned in point c clause 5 Article 31 of the Law on Water Resources.

An area at risk of land subsidence is the area adjacent to the area where land subsidence has occurred prescribed in clause 1 of this Article; an area at risk of suffering from saltwater intrusion is the area adjacent to the area suffering from saltwater intrusion with the total dissolved solids of 1,500 mg/l or more;

b) Restricted areas 2, including areas where the groundwater level is declining continuously and at risk of exceeding the groundwater exploitation threshold mentioned in point a clause 5 Article 31 of the Law on Water Resources.

An area where the groundwater level is declining continuously and at risk of exceeding the groundwater exploitation threshold mentioned is the area where the average pumping water level in a exploitation well in 06 months of the dry season has declined for 03 consecutive years and exceeds 95% of the permissible limit on exploitable water level of the aquifer specified in clause 2 Article 32 of this Decree, except where a drilled well is seriously deteriorated resulting in the pumping water level being excessively lowered .

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Article 34. Rules for zoning off areas prohibited and restricted from groundwater exploitation and applying measures to restrict groundwater exploitation

1. Rules for zoning off areas prohibited and restricted from groundwater exploitation:

a) It is required to ensure the suitability with the size and nature of areas where land subsidence has occurred or at risk of land subsidence; areas at risk of suffering from saltwater intrusion; areas where the groundwater level is declining continuously and at risk of exceeding the groundwater exploitation threshold, characteristics of aquifers; comply with technical regulations and related techno-economic norms;

b) Boundaries of areas prohibited and restricted from groundwater exploitation shall be shown on a zoning map of areas prohibited and restricted from groundwater exploitation which is made on the basis of an administrative or topographic map on the same scale;

c) It is required to properly fulfill specific zoning criteria applicable to each aquifer, each region, each area prohibited or restricted from groundwater exploitation according to regulations of this Decree and other relevant regulations of law, and ensure openness and transparency.

The zoned-off range of the areas prohibited and restricted from groundwater exploitation shall not be extended in excess of the range prescribed in this Decree. If any groundwater source has been restored, it may be considered to be removed from the list of areas prohibited and restricted from groundwater exploitation;

d) Areas prohibited and restricted from groundwater exploitation in each locality and in adjacent localities (if any) must be zoned off in a uniform manner;

dd) Information and data used to form a basis for zoning off areas prohibited and restricted from groundwater exploitation must be adequate, explicit, accurate and truthful. Areas prohibited and restricted from groundwater exploitation shall be zoned off only when information and data are adequate. Such information and data shall also be reviewed and updated by the time of zoning off.

2. Rules for applying measures to prohibit and restrict groundwater exploitation:

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b) It is required to properly adopt measures to restrict groundwater exploitation applicable to each region, each area prohibited or restricted from groundwater exploitation and follow the sequence of applying such measures to each entity and case as prescribed in this Decree. Groundwater exploitation restriction measures other than those specified in this Decree shall not be applied;

c) Priority shall be given to the supply of water for domestic use, natural disaster management and fire prevention and fighting;

d) The implementation of the groundwater exploitation restriction measures shall adhere to an approved appropriate plan or roadmap without interrupting the water supply, except where an incident occurs and leads to land subsidence or an emergency arises and results in handling and sealing of wells;

dd) Where the application of measures to prohibit or restrict groundwater exploitation involves well sealing, regulations of the Ministry of Natural Resources and Environment on handling and sealing of unused wells shall be complied with; in case of involving the issuance, extension, adjustment, revoke and re-issuance of a water resource exploitation permit, regulations of law on water resources shall be complied with;

e) The prohibition of groundwater exploitation shall apply to every organization or individual exploring and exploiting groundwater; the restriction of groundwater exploitation shall only apply to every organization or individual exploring and exploiting groundwater required to obtain the groundwater exploration permit and groundwater exploitation permit or required to register the groundwater exploitation as prescribed and shall not apply in the case of declaring exploitation and use of groundwater for domestic use by households and the activities specified in point c of this clause.

3. If it is discovered that the zoning off of areas prohibited and restricted from groundwater exploitation or the adoption of groundwater exploitation prohibition and restriction measures fails to satisfy the criteria set out in this Decree, the implementation of those measures shall be suspended for review and appropriate adjustments.

Article 35. Zoning off and applying measures in areas prohibited from groundwater exploitation

1. An area prohibited from groundwater exploitation shall cover the entire area of the area where land subsidence has occurred mentioned in clause 1 Article 33 of this Decree.

2. For the area specified in clause 1 of this Article, the groundwater exploration, construction of groundwater exploitation structures, including the exploitation and use of groundwater for domestic use by households are all prohibited. For the groundwater exploitation structure in operation, the following measures shall be adopted:

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b) In case the structure has not been issued with a groundwater exploitation permit or the groundwater exploitation has not been registered, it is required to suspend the exploitation and the regulatory body shall impose penalties for the exploitation of groundwater without a permit within its power and request the well sealing according to regulations;

c) In case of exploiting water for domestic use by households, wells shall be sealed after another water source is available.

Article 36. Zoning off and applying measures in areas restricted from groundwater exploitation

1. Zoned-off range of Restricted area 1 is prescribed as follows:

a) An area at risk of land subsidence shall have a range not exceeding 500 m from the margin of the area prohibited from groundwater exploitation specified in clause 1 Article 35 of this Decree;

b) An area where groundwater sources are at risk of suffering from saltwater intrusion shall have a range not exceeding 1,000 km from the area suffering from saltwater intrusion.

2. Zoned-off range of Restricted area 2 is prescribed as follows:

a) Not exceeding 200 m from the well’s mouth for a groundwater exploitation structure having a capacity from 10 m³/24 hours to less than 200 m³/24 hours;

b) Not exceeding 500 m from the well’s mouth for a groundwater exploitation structure having a capacity from 200 m³/24 hours to less than 3,000 m³/24 hours;

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In addition to carry out zoning off around a well, exploitation aquifer of the well or depth of the exploitation well shall be determined to form a basis for determining the aquifer or depth at which the exploitation needs to be restricted.

In the case where there are restricted areas which are no more than 500 m apart in the same aquifer or at the same exploitation depth upon carrying out zoning off as prescribed in this clause, they shall be combined into one restricted area.

3. The zoned-off range of Mixed restricted area shall be determined by way of consolidating results of zoning off of restricted zones and areas as prescribed in clauses 1 and 2 of this Article. If restricted areas overlap, the overlapped area shall be zoned off in the Mixed restricted area.

4. Exploitation restriction measures in areas restricted from groundwater exploitation:

a) The registration and issuance of the groundwater exploration permit or groundwater exploitation permit for construction of a new groundwater exploitation structure (except for drilling for replacement of wells of the structure that has been issued with a permit according to regulations) shall not be approved and the groundwater exploitation restriction measures specified in points b, c and d of this clause shall apply to existing structures;

b) In case a structure is exploiting groundwater without a groundwater exploitation permit or the registration of groundwater exploitation has not been registered, it is required to suspend the exploitation and the regulatory body shall impose penalties for the exploitation of groundwater without a permit within its power.

Wells must be sealed as prescribed in the cases specified in this point, except for the case specified in point d of this clause;

c) In case a structure has been issued with a permit for exploitation and use of groundwater or a groundwater exploitation permit, the exploitation shall continue until the expiry date of the permit and the issuance, extension, adjustment or re-issuance of the permit may be considered but the previously permitted exploitation capacity shall not be exceeded; in case the structure has been registered, the exploitation may continue but the registered capacity is not permitted to be increased;

d) The structure which is exploiting groundwater for supply of water for domestic use required to be issued with the groundwater exploitation permit or required to be registered but not having a permit or having yet to be registered may be considered to be issued with the exploitation permit or registered if it is eligible to be issued with the permit or registered as per regulations of law on water resources;

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Article 37. Making List and Map of areas prohibited and restricted from groundwater exploitation

1. Pursuant to the regulations set forth in Articles 33 through 36 of this Decree, each Department of Natural Resources and Environment shall carry out investigation, produce statistics on, aggregate information and data and zone off areas prohibited and restricted from groundwater exploitation in the locality; classify and consolidate areas prohibited and restricted from groundwater exploitation and determine measures to prohibit or restrict groundwater exploitation; make a List of areas prohibited and restricted from groundwater exploitation and zoning map of areas prohibited and restricted from groundwater exploitation and formulate plans and roadmap for prohibiting or restricting groundwater exploitation.

2. The list of areas prohibited and restricted from groundwater exploitation shall include each prohibited or restricted zone or area in such zone. The following information on each zone or area prohibited or restricted from groundwater exploitation shall be included:

a) Area of the areas prohibited or restricted from groundwater exploitation;

b) Administrative range of the areas prohibited or restricted from groundwater exploitation;

c) Range of depth or aquifer restricted from exploitation regarding areas restricted from exploitation;

d) Applied measures to prohibit or restrict groundwater exploitation.

3. According to the List of areas specified in clause 2 of this Article, making a zoning map of areas prohibited and restricted from groundwater exploitation. The zoning map shall show results of zoning off of zones in areas prohibited and restricted from groundwater exploitation and main information on each zone or area on the List of areas prohibited and restricted from groundwater exploitation.

The zoning map of areas prohibited or restricted from groundwater exploitation shall be made on the basis of an administrative or topographic map using the VN2000 coordinate system on a scale from 1:100,000 to 1:10,000 suitable for each locality.

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a) A list of existing groundwater exploitation structures (with or without a permit) in each zone or area prohibited or restricted from groundwater exploitation;

b) A plan or roadmap for prohibiting or restricting groundwater exploitation for each area or each structure located in areas prohibited or restricted from groundwater exploitation.

Article 38. Approval of areas prohibited and restricted from groundwater exploitation and plans and roadmaps for prohibiting and restricting groundwater exploitation

1. Each Department of Natural Resources and Environment shall prepare an application for approval of areas prohibited or restricted from groundwater exploitation; plan or roadmap for prohibiting or restricting groundwater exploitation and send them for collection of comments as prescribed in clause 2 of this Article. The application is composed of:

a) A draft Proposal;

b) A draft Decision on approval of areas prohibited or restricted from groundwater exploitation and plan or roadmap for prohibiting or restricting groundwater exploitation;

c) A draft List of areas prohibited or restricted from groundwater exploitation;

d) A draft Map of areas prohibited or restricted from groundwater exploitation;

dd) A draft plan or roadmap for prohibiting or restricting groundwater exploitation;

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2. The Department of Natural Resources and Environment shall send enquiries to related agencies and units, including:

a) Department of Construction, Department of Industry and Trade, Department of Agriculture and Rural Development, Department of Health and other relevant provincial departments and local authorities;

b) People’s Committees of districts within areas prohibited or restricted from groundwater exploitation;

c) Representatives of residential communities within areas prohibited or restricted from groundwater exploitation;

d) Organizations and individuals having groundwater exploitation structures under the plan.

The enquired entities specified in this clause shall give written responses within 30 days from the date on which the enquiry is received.

3. The Department of Natural Resources and Environment shall complete the application based on the comments of the units, agencies, organizations and individuals specified in clause 2 of this Article and request the provincial People’s Committee to form an appraisal council with the participation of related provincial departments and local authorities, water resources experts and scientists.

4. The Department of Natural Resources and Environment shall complete the application according to comments of the appraisal council and send it together with a report on responses and explanations to related Departments of Natural Resources and Environment of adjacent provinces and Ministry of Natural Resources and Environment to collect their written comments. The time limit for giving comments shall not exceed 30 days from the date on which a sufficient application is received.

5. Based on comments of the agencies specified in clause 4 of this Article, the Department of Natural Resources and Environment shall complete the application and submit the application to the provincial People’s Committee for consideration and approval.

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The draft shall contain the following primary contents: process for organizing implementation; explanatory notes to bases and results of zoning off; explanatory notes to the plan or roadmap for prohibiting or restricting groundwater exploitation for each area or each structure located in areas prohibited or restricted from groundwater exploitation and responses and explanations for the comments.

6. Within 20 days from the date on which the approval decision is approved, the Department of Natural Resources and Environment shall announce the List of areas prohibited or restricted from groundwater exploitation and plan or roadmap for prohibiting or restricting groundwater exploitation on the mass media and send it to the provincial People's Committee for posting thereof on its web portal; notify it to the People’s Committees of districts and communes where the areas prohibited or restricted from groundwater exploitation exist; notify it to relevant organizations and individuals for implementation and send it to the Ministry of Natural Resources and Environment for consolidation.

Article 39. Responsibility of the Ministry of Natural Resources and Environment, People’s Committees at all levels and organizations and individuals exploiting groundwater

1. The Ministry of Natural Resources and Environment shall instruct and direct localities to prohibit and restrict groundwater exploitation as prescribed in this Decree.

2. Every provincial People's Committee shall:

a) Direct the Department of Natural Resources and Environment to zone off areas prohibited and restricted from groundwater exploitation; announce the List of areas prohibited or restricted from groundwater exploitation and zoning map of areas prohibited or restricted from groundwater exploitation and formulate plans and roadmap for prohibiting or restricting groundwater exploitation within its province;

b) Approve the List and Map of areas prohibited or restricted from groundwater exploitation and plan for prohibiting or restricting groundwater exploitation within its province and direct the Department of Natural Resources and Environment, district-level People’s Committee and communal People’s Committee to organize the implementation thereof after being approved;

c) Carry out inspection and audit, and impose penalties for violations against the law on determination of areas prohibited or restricted from groundwater exploitation within its province;

d) Allocate a budget for determination of areas prohibited or restricted from groundwater exploitation in its province in the annual estimated local government budget in line with regulations of law on state budget;

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3. Each district-level People’s Committee or communal People’s Committee shall cooperate with the Department of Natural Resources and Environment in zoning off areas prohibited and restricted from groundwater exploitation; announce Lists of areas prohibited and restricted from groundwater exploitation and zoning maps of areas prohibited and restricted from groundwater exploitation; supervise organizations and individuals within its district or commune implementing measures to prohibit or restrict groundwater exploitation according to the approved plan.

4. Organizations and individuals exploiting groundwater shall:

a) Cooperate with the Department of Natural Resources and Environment in zoning off and determining plans and roadmap for implementing measures to prohibit and restrict groundwater exploitation (if any) with regard to its groundwater exploitation structure as prescribed in this Decree;

b) Implement measures to prohibit or restrict groundwater exploitation according to the approved plan.

Chapter IV

REGULATION AND DISTRIBUTION OF WATER RESOURCES

Section 1. DEVELOPMENT OF WATER SOURCE SCENARIOS AND PLANS FOR REGULATION AND DISTRIBUTION OF WATER RESOURCES

Article 40. Regulation and distribution of water resources

1. The regulation and distribution of water resources shall rely on the water resource-related planning, water source scenarios, status, demands and quotas for exploitation of water resources with due account taken of impacts of climate change, results of water resource accounting (if any) and adhere to the principles specified in clause 1 Article 35 of the Law on Water Resources.

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a) Adjusting the regime for operation of dams, reservoirs and water exploitation structures;

b) Adjusting the quotas for water resource exploitation; reducing the exploitation capacity in the water exploitation permit or suspending the exploitation;

c) Restricting the distribution of water resources to the inessential and inefficient activities that use a lot of water;

d) Increasing or decreasing the exploitation capacity, exploiting water alternatively from water sources; transporting water between regions and areas; organizing the implementation of measures to respond to and minimize damage in the event of drought or water shortage.

3. The state of water sources reflects their capacity and the extent to which they meet the demands for exploitation and use of water in river basins. The state of water sources shall be determined and announced under the annual water resource scenario and serve as the basis for issue warnings, provide guidelines for, develop plans, regulate and distribute water resources in river basins and sub-basins through the activities specified in clause 2 of this Article. To be specific:

a) In case the current status of water sources in a river basin is in a normal state and the forecast says the water sources in a river basin are also in a normal state, exploit and use water resources according to water resource-related planning and plans for exploitation and use of water resources by the industries by way of compliance with regulations of the water resource exploitation permit, reservoir operation procedures, inter-reservoir operation procedures in the river basin and quotas for exploitation of water resources; consider storing backup water with a view to regulation in the event of a water shortage or for the following year;

b) In case the current status of water sources is in a normal state and the forecast says the water sources tend to switch to a state of water shortage or serious water shortage, adjust the exploitation and operation regime of structures with regulation capability in the river basin; enhance the ability to store water sources; adjust the exploitation and use of water resources by industries and adopt other measures;

c) In case the current status of the water sources or the forecast says the water sources is in a state of either water shortage or serious water shortage, depending on the level of the drought or water shortage, carry out regulation as prescribed in point b of this clause; restrict the distribution or reduce the exploitation capacity specified in the water resource exploitation permit, adjust quotas for exploitation of water resources regarding the water-intensive activities and inessential activities and adopt other measures;

In the event of serious water shortage, reduce the exploitation capacity specified in the water resource exploitation permit; adjust water resource exploitation quotas; reduce the distribution of water resources to water-intensive activities and inessential activities to minimize damage; increase or decrease the exploitation capacity, exploit water alternatively from water sources; transport water between regions and areas. Regulate and distribute water resources as prescribed in Article 36 of the Law on Water Resources;

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4. The Ministry of Natural Resources and Environment shall preside over and cooperate with the Ministry of Agriculture and Rural Development, Ministry of Industry and Trade, Ministry of Construction, ministerial agencies, provincial People's Committees, river basin organization (if any) and other agencies and organizations in formulating and organizing the implementation of the water resource regulation and distribution plan, and regulate and distribute water resources by water source states.

Article 41. Scenarios for water sources in river basins

1. Requirements for information and data in service of construction and announcement of a scenario for water sources in river basins:

a) Regarding river basins, there must be hydro-meteorological and water resources monitoring stations therein; data on operation of large and important water regulation works capable of annual or multi-year regulation in the river basins; information and data on hydro-meteorological characteristics and climate phenomena. Information and data must be fully representative of groups of years with much water, years with medium water and years with little water;

b) Group of information on the demands for use of water by economic sectors includes data on water use by economic sectors by month, period in the year and demands for water use by economic sectors that use water over time and by regions or river sub-basins. Information is obtained from water exploitation points on water sources;

c) Group of information and data on predicted hydro-meteorological characteristics includes temperature, rain, extreme climate events with due account taken of the impacts of climate change;

d) Groups of information on characteristics of groundwater sources, water level in aquifers; information on natural disasters (drought, saltwater intrusion, flooding) occurring in the river basin; levels of damage in typical years with drought and saltwater intrusion; other relevant information.

2. The accuracy of a scenario for water sources in river basins depends on the information and data on each basin, and the accuracy of data provided by ministries and local authorities; the construction of scenarios for water sources in river basins for which comprehensive inter-provincial river basin planning is available.

Where there is insufficient hydro-meteorological data in the river basins, data on operation of large and important water regulation works and data on demands for water use by economic sectors, water source scenarios shall not be announced.

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4. Main contents of the water source scenario include:

a) Current status of water sources in river basins, current status of water storage in annual or multi-year regulation reservoirs in river basins;

b) Current status of groundwater sources, water level in aquifers;

c) Demands for exploitation and use of water resources;

d) Assessment of trends in rainfall, flow, saltwater intrusion and water storage in annual or multi-year regulation reservoirs, water level in aquifers by months during the scenario publication period.

Depending on the adequacy and reliability of information and data on water quality, the assessment of trends in water quality of water sources in river basins shall be carried out;

dd) Determination of states of water sources specified in Article 42 of this Decree;

e) Assessment of level of drought, water shortage or saltwater intrusion in river basins and sub-basins according to states of water sources;

g) Warning of drought, water shortage or saltwater intrusion (if any) and overall orientations for water exploitation and use in river basins for which scenario is announced.

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6. The Ministry of Natural Resources and Environment shall direct the regular and continuous announcement and posting of scenarios for water sources in river basins on its web portal and at the same time notifies such to other ministries, ministerial agencies and provincial People's Committees concerned in river basins. Each provincial People’s Committee located within river basins shall regularly and continuously post water sources in river basin scenarios on its web portal.

Article 42. Framework for states of water sources

1. States of water sources in river basins and sub-basins include:

a) Normal state: the volume of exploitable water is sufficient for daily needs and social security; for economic sectors and environmental protection; for evolutions and forecasts of saltwater intrusion in areas where water sources are frequently affected by saltwater intrusion but the demand for water exploitation is not affected;

b) State of water shortage: the volume of exploitable water is sufficient for daily needs and social security but insufficient for all economic sectors. The state of water shortage may occur in the entire river basins or in some river sub-basins or areas;

c) State of serious water shortage: the volume of exploitable water is insufficient for economic sectors and likely to be insufficient for daily needs and social security and the water shortage occurs on a large scale, in many river basins.

2. Water resource exploitation quota refers to the permissible water exploitation capacity intended for a water resource exploitation structure which is decided by the authority having power to license water resource exploitation on the basis of states of water sources in a river basin, demand for water use and requirements for water resource protection through the water resource exploitation permit and water resource regulation and distribution plan when there is a forecast about water source states corresponding to the states specified in points b and c clause 1 of this Article. The water resource exploitation quota shall be decided as follows:

a) In case the current status of water sources in a river basin is in a normal state and the forecast says the water sources in a river basin are also in a normal state, the water resource exploitation quota shall comply with the water resource exploitation permit;

b) In case the current status of the water sources is in a state of water shortage or the forecast says the water sources are also in a state of water shortage, regulate and distribute water resources corresponding to the states of water sources specified in clause 3 Article 40 of this Decree.

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1. Plans for exploitation and use of water resources of industries that exploit and use water must be suitable for the states of water sources announced under water source scenarios and principles of water resource regulation and distribution.

2. According to water source scenarios and requirements for management, exploitation and use of water resources, the Ministry of Agriculture and Rural Development, Ministry of Industry and Trade, Ministry of Construction and provincial People’s Committees in inter-provincial river basins shall, within their jurisdiction, direct the formulation of plans for exploitation and use of water resources. To be specific:

a) The Ministry of Agriculture and Rural Development shall direct specialized agencies and hydraulic structure operating organizations under its management to formulate plans for exploitation of water resources for agricultural production, aquaculture and domestic use in rural areas;

b) The Ministry of Industry and Trade shall direct specialized agencies and organizations under its management to formulate plans for exploitation of water resources for hydropower and thermal power;

c) The Ministry of Construction shall direct specialized agencies and its affiliated organizations to formulate plans for exploitation of water resources for production and supply of water for domestic use;

d) Provincial People’s Committees shall direct provincial departments and local authorities and managing and operating hydraulic structures under their management to formulate plans for exploitation of water resources for domestic use, agricultural production and aquaculture.

3. Main contents of a plan for exploitation and use of water:

a) States of water sources stored in irrigation reservoirs, hydraulic structures and hydropower reservoirs;

b) A production plan and demands for exploitation and use of water by structures by each month and in each period during a year, which are suitable for the states of water sources announced;

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Article 44. Plans for regulation and distribution of water resources in river basins

1. A plan for regulation and distribution of water resources in river basins shall be formulated to coordinate the activities of exploiting and using water resources in river basins as the announced water source scenario contains a forecast or warning of a state of water shortage or serious water shortage as prescribed in points b and c clause 1 Article 42 of this Decree. Depending on the current status of water sources, current status and level of drought, water shortage or saltwater intrusion, the water resource regulation and distribution plan shall be formulated, updated and implemented to adopt measures for damage response and minimization and efficient and economical exploitation and use of water.

2. The Ministry of Natural Resources and Environment shall preside over and cooperate with other Ministries, ministerial agencies, provincial People’s Committees, river basin organization (if any), agencies and organizations concerned in river basins in organizing the formulation and updating of the plan water resource regulation and distribution plan corresponding to each state of water source and level of switch to a state of water source.

The Ministry of Agriculture and Rural Development, Ministry of Industry and Trade, Ministry of Construction, other Ministries, ministerial agencies, provincial People's Committees concerned in river basins shall provide directions for providing and updating information about current status of and forecast about demands for exploitation and use of water by industries and sectors under their management to the Ministry of Natural Resources and Environment with a view to formulation and updating of the plan for regulation and distribution of water resources in river basins.

As a drought or water shortage occurs, depending on the level of the drought or water shortage, the water resource regulation and distribution plan shall be updated to form a basis for other Ministries and provincial People's Committees to implement the plan.

Where the drought or serious water shortage occurs in localities in 01 province, the People’s Committee of such province shall announce the status of drought or water shortage and adopt response measures.

If the drought or serious water shortage occurs on a large scale, in many river basins, the Ministry of Natural Resources and Environment shall request the Prime Minister to consider announcing the state of drought or water shortage and decide a water resource regulation and distribution plan.

3. Main contents of the plan for regulation and distribution of water resources in river basins in the case of a drought or water shortage forecast:

a) A plan to operate large and important water regulation works in river basins with a view to satisfaction of water demands; plan to regulate, reduce or increase the water exploitation capacity specified in the water resource exploitation permit, restrict distribution of water resources to water-intensive activities and inessential activities; plan for alternative exploitation of water sources corresponding to their states according to the scenario for water sources in river basins;

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c) The order in which the entities exploiting and using water must restrict the volume of water exploited and used or suspend the exploitation corresponding to the state of water shortage according to the water source scenario; time for adjustment, restriction or suspension, volume of water to be reduced or restricted;

d) A plan for production, water source distribution, operation of structures for exploitation and use of water in the case of switch to a state of water source, level of water source shortage;

dd) Measures to coordinate activities of exploiting and using water sources in river basins and aquifers by way of alternative exploitation of water sources, increase or reduce the exploitation capacity, suspend the exploitation, transfer water between regions and areas;

e) Measures to respond to and minimize damage in the event of drought, water shortage or saltwater intrusion;

g) Responsibility of Ministries and provincial People’s Committees in river basins for formulating and implementing the water resource regulation and distribution plan.

Article 45. Responsibility for formulating, adjusting and implementing water resource regulation and distribution plans

1. The Ministry of Natural Resources and Environment shall:

a) Preside over and coordinate with other Ministries, ministerial agencies, provincial People's Committees, river basin organizations and relevant organizations and individuals to develop, update and announce water source scenarios; organize the formulation, adjustment and implementation of plans to regulate and distribute water resources in river basins.

Preside over and request the Prime Minister to consider and decide a water resource regulation and distribution plan in the event of a drought or serious water shortage on a large scale;

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c) Direct hydrometeorology authorities to be responsible for providing information and data on meteorology, hydrology, temperature, and extreme climate events; forecasts about meteorology and hydrology in river basins and sub-basins;

d) Request other Ministries, central and local authorities in writing to cooperate in providing information and data specified in this Article for consolidation and calculation in service of formulating and updating water source scenarios and water source regulation and distribution plans;

dd) Fulfill other responsibilities prescribed in Articles 35 and 36 of the Law on Water Resources.

2. The Ministry of Agriculture and Rural Development shall, within its jurisdiction, direct and urge agencies, organizations and individuals to perform the following tasks:

a) Tailor plans for exploitation and use of water resources for structures and structure systems under its management, ensuring their conformity with the water source scenarios announced by the Ministry of Natural Resources and Environment;

b) Cooperate with the Ministry of Natural Resources and Environment, other Ministries, central and local authorities in formulating, adjusting and implementing plans for regulation and distribution of water resources in river basins;

c) Build, improve, upgrade and modernize the systems of hydraulic structures and rural domestic water supply facilities for economical and efficient exploitation and use of water nationwide;

d) Based on the water source scenario, structures’ ability to regulate and supply water, system of hydraulic structures and hydropower reservoirs, cooperate with local authorities in reviewing and determining areas with abundant water sources, areas at high risk of drought, water shortage or saltwater intrusion; provide guidance on crop conversion and appropriate production, minimizing the risk of damage caused by drought or water shortage;

dd) Provide or direct the provision of information and data to the Ministry of Natural Resources and Environment on demands for use of water for agricultural production by months in river basins; periods of increased water use; irrigation areas; areas suffering from frequent droughts and water shortages, periods of water shortages; requirements for water level and flow rate at control points; data on operation of irrigation reservoirs capable of annual or multi-year regulation under its management; data on monitoring of water level, flow rate and salinity at specialized hydrometeorological stations;

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3. The Ministry of Industry and Trade, Ministry of Construction, Ministry of Transport, Ministry of Culture, Sports and Tourism and other Ministries and central authorities shall, within their jurisdiction, direct specialized agencies to fulfill responsibilities of Ministries and central authorities as prescribed in points a, b and e clause 2 of this Article and the following responsibilities:

a) The Ministry of Industry and Trade shall provide directions for calculating and proposing flexible operation of large irrigation reservoirs in accordance with the announce water source scenarios; cooperate with the Ministry of Natural Resources and Environment in formulating, adjusting and implementing water resource regulation and distribution plans; review and adjust power source structure in an appropriate manner.

At the same time provide directions for providing information and data on water use plans, data on operation of irrigation reservoirs capable of annual or multi-year regulation under its management; data on monitoring of water level and flow rate at specialized hydrometeorological stations;

b) The Ministry of Construction shall direct units managing and operating large water plants to review and improve the capability and efficiency in water extraction in a manner that suits actual conditions of water sources in river basins and announced water source scenarios.

At the same time provide directions for providing information and data on water exploitation plans, data on operation of water supply facilities under its management;

c) The Ministry of Transport shall provide directions for providing information and data on water level demands of waterway traffic routes;

d) The Ministry of Culture, Sports and Tourism shall provide directions for providing information and data on demands of water for religious, folk belief, cultural and tourism activities.

4. Each provincial People’s Committee shall, within their jurisdiction, direct specialized agencies to fulfill the responsibilities prescribed in points a, b and e clause 2 of this Article and the following responsibilities:

a) Direct the effective operation of structures for exploitation and use of water and water storage facilities to proactively take water and store water to meet minimum demands for water use in the event of a water shortage;

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c) In case the current status of the water sources or the forecast says the water sources is in a state of either water shortage or serious water shortage, review and decrease the cultivated area, change crop and livestock structure, and restrict the distribution of water resources to water-intensive activities and inessential activities within its power; decide to use surface water sources, groundwater sources and backup water supply facilities in its province;

d) Direct the provision of information on demands for use of water for agricultural production and supply of water for domestic use by months in river basins; periods of increased water use; irrigation areas; scope of water supply of annual or multi-year regulation reservoirs; areas suffering from frequent droughts and water shortages, periods of water shortages; requirements for water level and flow rate at control points; data on operation of irrigation reservoirs capable of annual or multi-year regulation under its management; data on monitoring of water level, flow rate and salinity at specialized hydrometeorological stations.

5. Organizations and individuals managing and operating structures for exploitation and use of water shall fulfill the responsibilities specified in points a, b, c and e clause 2 of this Article and provide information in favor of water resource regulation and distribution, including current status of and demands for exploitation and use of water by structures; current status of water storage in reservoirs under their management and other monitoring information and data.

6. Information and data of Ministries, central and local authorities, organizations and individuals specified in this Article shall be sent to the Ministry of Natural Resources and Environment in writing for consolidation and calculation in service of formulating and updating water source scenarios and water source regulation and distribution plans.

Pending the completion of the national water resources information system and database, the provision of information and data specified in this point shall be carried out adopting one of the following methods: via National E-Document Exchange Platform; in person; by post; by fax; by email.

Article 46. Responsibility for building decision support tool system in service of digital technology-driven water resource regulation and distribution

1. The Ministry of Natural Resources and Environment shall provide directions for building and operating a decision support tool system in service of digital technology-driven water resource regulation and distribution.

2. The Ministry of Agriculture and Rural Development, Ministry of Industry and Trade, Ministry of Construction and related provincial People’s Committees shall, within their jurisdiction, direct the provision and updating of information and data on exploitation and use of water resources to the decision support tool system in river basins.

3. Organizations and individuals managing and operating structures for exploitation and use of water shall provide information on exploitation and use of water by structures under their management to the national water resources information system and database as per regulations of this Decree in order to support the decision on water resource regulation and distribution. Organizations and individuals are encouraged to contribute to building and operating the decision support tool system in service of regulation and distribution of water resources in river basins and operation of reservoirs and inter-reservoirs according to clause 5 Article 38 of the Law on Water Resources.

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Article 47. Scale of water transfer projects requiring approval and time for approval obtainment

1. An approval of contents of the water transfer plan from a water resources authority is required for projects involving water transfer as prescribed in Article 37 of the Law on Water Resources, including projects involving the transfer of water out of river basins which affects the socio - economic activities, environment and people’s lives in 02 provinces or cities or 02 countries or more. To be specific:

a) Projects that involve the transfer of water from dams or reservoirs built on rivers or streams with a design transfer flow rate of at least 30 m³/second;

b) Projects with structures other than dams and reservoirs that involve the transfer of water from rivers or streams that are not in tidal regions with a design transfer flow rate of at least 30 m³/second; 10 m³/second to less than 30 m³/second but exceeding 40% of the average flow in dry season at the water transfer location;

c) Projects that involve digging of rivers, canals or ditch or have water conveyance facilities for the transfer of water with a design transfer flow rate of at least 30 m³/second; 10 m³/second to less than 30 m³/second but exceeding 40% of the average flow in dry season at the water transfer location.

2. The approval for the water transfer plan shall be obtained before the competent authority approves investment guidelines of the projects executed in accordance with regulations of law on investment or decides investment in the projects executed in accordance with regulations of law on public investment.

3. The Ministry of Natural Resources and Environment shall approve contents of the water transfer plan regarding the projects specified in clause 1 of this Article.

Article 48. Application for approval of contents of water transfer plan

1. An application form for approval of contents of water transfer plan, which is made using the Form No. 01 in the Appendix II to this Decree.

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3. Diagram of the water transfer project location.

4. Other relevant regal and technical documents of the project.

Article 49. Procedures for approval of contents of water transfer plan

1. Receive and inspect the application:

a) The organization or individual proposing the water transfer plan (hereinafter referred to as “the organization or individual”) shall submit 01 application in person or by post or online via the public service portal and pay a fee for appraising the application to the Office in charge of receiving documents serving administrative procedures and returning results of the Ministry of Natural Resources and Environment. The Office shall receive documents serving administrative procedures and return results of handling of administrative procedures for approval of the water transfer plan;

b) Within 03 working days from the date on which the application is received, the receiving authority shall consider and inspect it. If the application is unsatisfactory, the receiving authority shall notify the organization or individual in order for them to supplement and complete it as prescribed.

If the application remains unsatisfactory after the supplementation and completion, the receiving authority shall return it to the organization or individual and explicitly notify them of the reasons therefor.

2. Appraisal or the report on proposal for water transfer plan:

a) The water resources authority affiliated to the Ministry of Natural Resources and Environment shall appraise the water transfer scale and plan, and manage the report.

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c) If the report is satisfactory, the appraising authority shall submit it to the Ministry of Natural Resources and Environment for approval of the water transfer plan; if the report is unsatisfactory, it shall return the report to the organization or individual proposing the water transfer plan and notify them of the reasons for failure to approve the water transfer plan.

If the report has to be supplemented and revised to complete the contents regarding the water transfer scale and plan, the appraising authority shall notify the organization or individual in writing of the contents to be supplemented and completed. The time needed to supplement and complete the report shall not be included in the appraisal time. The time limit for appraisal after supplementing and completing the report is 25 days.

3. The appraisal of the application for approval of contents of water transfer plan shall cover:

a) The conformity of the project involving the transfer of water with the national water resource strategy and national environmental protection strategy; water resource-related planning, provincial planning and other relevant planning; local authorities and industries’ socio - economic development plans related to exploitation and use of water resources in river basins;

b) Supply capacity of the water source from which water is transferred, demands for use of water in river basins from which water is transferred and receiving basins;

c) Impacts of the water transfer on water exploitation and use, flow maintenance, prevention and control of flooding, river bed, bank, and terrace erosion and saltwater intrusion, economy, society, and environment, especially during the dry season on the river or stream segments from which water is transferred, and receiving river or stream segments downstream of the water transfer structure;

d) A plan for minimize adverse impacts in the process of construction and operation;

dd) Other relevant contents (if any).

Section 3. INTER-RESERVOIR OPERATION PROCURES AND REGULATIONS ON COOPERATION IN OPERATION OF DAMS AND RESERVOIRS ON RIVERS AND STREAMS

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1. Technical infrastructure for real-time reservoir operation shall comply with standards and technical regulations of relevant laws and consist of the following elements:

a) Network of automatic hydro-meteorological monitoring stations; monitoring equipment for automatic and online surveillance of reservoir operation and database related to reservoir operation;

b) Servers, network infrastructure and other auxiliary devices for receiving, transmitting and storing information and data in real time;

c) Software that supports the processing and analysis of information, calculation and forecasting in real time, including the following main types of models: statistical model, hydrological models hydrodynamic model, water balance model, reservoir operation model, water quality model;

d) Decision support tool system for reservoir operation intended for proposing principles, rules and plans for real-time reservoir operation;

dd) Other relevant technical infrastructure.

2. Technical infrastructure for real-time inter-reservoir operation shall encompass the following elements:

a) Technical infrastructure of reservoirs on the list of dams and reservoirs operating according to the inter-reservoir operation procedures as prescribed in clause 1 of this Article;

b) Information and data serving real-time inter-reservoir operation;

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d) Decision support tool system for inter-reservoir operation intended for proposing principles, rules and plans for real-time inter-reservoir operation;

dd) Other relevant technical infrastructure.

3. For the reservoirs on the list of dams and reservoirs that must operate according to the inter-reservoir operation procedures, the technical infrastructure specified in clause 1 of this Article must be in place and notified to the water resources authority affiliated to the Ministry of Natural Resources and Environment to be inspected and connected to the technical infrastructure for real-time inter-reservoir operation. It is advisable that the technical infrastructure of other reservoirs should be connected to the technical infrastructure in service of real-time inter-reservoir operation.

4. Requirements for real-time operation of reservoirs and inter-reservoirs

a) Information and data are updated in a continuous, automatic and reliable manner;

b) There must be technical infrastructure which satisfies the conditions and requirements for reservoir and inter-reservoir operation specified in clauses 1, 2 and 3 of this Article;

c) The density of hydro-meteorological monitoring stations in the reservoir basin must not fall below the minimum permissible limit as prescribed by regulations of law on hydro-meteorology;

d) The software system that supports the processing and analysis of information, calculation and forecasting in real time must be inspected and reliable.

5. Organizations and individuals managing and operating reservoirs shall invest in the construction of technical infrastructure to satisfy the requirements for real-time reservoir operation specified in clauses 1 and 4 of this Article under their management or hire a qualified entity to provide decision support service for reservoir operation to ensure flexible and safe operation of their reservoirs and optimize socio-economic and environmental benefits but regulations set out in Article 70 of the Law Water Resources are also required to be adhered to.

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Article 51. Regulations on establishment and adjustment of procedures for real-time operation of reservoirs and inter-reservoirs

As the technical infrastructure satisfies the conditions and requirements for real-time operation of reservoirs and inter-reservoirs as prescribed in Article 50 of this Decree, the establishment and adjustment of procedures for real-time operation of reservoirs and inter-reservoirs shall be carried out as follows:

1. Organizations and individuals managing and operating dams and reservoirs shall establish and adjust real-time reservoir operation procedures and submitting them to a competent authority for appraisal and approval as per regulations of law on management of dam and reservoir safety.

2. According to actual conditions of water sources in river basins, where necessary, the Ministry of Natural Resources and Environment shall preside over establishing or adjusting real-time inter-reservoir operation procedures and submitting them to the Prime Minister for approval.

3. Where a Ministry, ministerial agency, provincial People’s Committee or relevant organization managing and operating dams and reservoirs in river basins makes a request for adjustment of real-time inter-reservoir operation procedures, it shall formulate an adjustment plan and send it to the Ministry of Natural Resources and Environment for appraisal before submission thereof to the Prime Minister for approval according to the procedures mentioned Article 52 of this Decree.

Article 52. Procedures for appraising plan to adjust procedures for operation of reservoirs in river basins

1. Where a Ministry, ministerial agency, provincial People’s Committee or organization managing and operating reservoirs makes a request for adjustment of real-time inter-reservoir operation procedures, they shall formulate an inter-reservoir operation plan and send it to the Ministry of Natural Resources and Environment for appraisal before submission thereof to the Prime Minister for consideration and approval.

2. Documents about the proposed plan to adjust inter-reservoir operation procedures is composed of:

a) A draft Decision on promulgation of procedures for operation of inter-reservoirs in river basins submitted to the Prime Minister for approval;

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c) A diagram showing current status of dams, reservoirs and inter-reservoirs under procedures for operation of inter-reservoirs in river basins;

d) Other relevant documents.

3. The Ministry of Natural Resources and Environment shall collect comments of the Ministry of Agriculture and Rural Development, Ministry of Industry and Trade, Ministries, ministerial agencies, provincial People’s Committees and river basin organization (if any) related to the inter-reservoir operation procedures on the documents about adjusted inter-reservoir operation procedures.

In case the plan to adjust inter-reservoir operation procedures basically changes main contents of the procedures for operation of inter-reservoirs in river basins, the Ministry of Natural Resources and Environment shall form an Appraisal Council.

The Council’s members include representative of the Ministry of Natural Resources and Environment; Ministry of Industry and Trade; National Steering Committee for Civil Defense; representative of the related river basin organization (if any); representative of the related provincial People’s Committee, unit managing and operating reservoirs, other related agencies and units, and experts in water resources decided by the Minister of Natural Resources and Environment.

4. Details of appraisal:

a) Inspecting legal bases and necessity for adjusting the plan to adjust inter-reservoir operation procedures and documents about the plan to adjust inter-reservoir operation procedures;

b) Inspecting and assessing the reliability of the documents used in the process of calculation, results of calculation in the case of operation;

c) Commenting on and assessing the suitability and feasibility of the plan to adjust inter-reservoir operation procedures and draft inter-reservoir operation procedures.

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a) Within 07 working days from the date on which the documents are received, the receiving authority shall consider and inspect them. If the required documents prescribed in clause 2 of this Article are not sufficient, the receiving authority shall notify the agency or organization so as for it to supplement and complete the documents.

b) Within 42 days from the date on which the required documents specified in clause 2 of this Article are fully received, the Ministry of Natural Resources and Environment shall appraise the plan. Where the plan is satisfactory for approval, the Ministry of Natural Resources and Environment shall submit it to the Prime Minister for consideration and approval; where the plan is unsatisfactory for approval, the receiving authority shall notify the applicant in writing to supplement and complete the documents.

Article 53. Dams and reservoirs on rivers and streams requiring regulations on cooperation in operation thereof

The list of dams and reservoirs on rivers and streams requiring regulations on cooperation in operation thereof specified in clause 9 Article 38 of the Law on Water Resources which is approved by the provincial People’s Committee shall be determined based on several major bases:

1. Scale of exploitation and use of water of structures; role of dams and reservoirs in river basins.

2. Capacity for water regulation of dams and reservoirs in river basins.

3. Efficiency in use of water by dams and reservoirs in river basins.

4. Scale and magnitude of impacts and measures to minimize impacts caused by the operation of dams and reservoirs.

5. Requirements for ensuring safety of dams and reservoirs and maintaining minimum flow and requirements for prevention and control of flood, drought and water shortage and water supply in lowlands.

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Article 54. Main contents of regulations on cooperation in operation of dams and reservoirs on rivers and streams

Contents of regulations on cooperation in operation of dams and reservoirs on rivers and streams in river basins for which inter-reservoir operation procedures have been available shall conform to the regulations under procedures for operation of inter-reservoirs in river basins and mainly include:

1. Principles of operation for assurance about safety of structures and lowlands, increase in efficiency in electricity generation and maintenance of minimum flow in accordance with regulations.

2. Basic technical specifications of reservoirs.

3. Principles of cooperation in operation during flood season.

4. Principles of cooperation in operation during dry season.

5. Responsibilities of units managing and operating reservoirs and dams and local competent authorities concerned.

Article 55. Procedures for approving regulations on cooperation in operation of dams and reservoirs on rivers and streams

1. A list of dams and reservoirs requiring regulations on cooperation in operation thereof shall be compiled as follows:

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b) Collect comments of the Ministry of Natural Resources and Environment, agencies, river basin organization, organizations and individuals concerned on the list of dams and reservoirs requiring regulations on cooperation in operation thereof in river basins within a province;

c) Conduct consolidation and submit to the provincial People’s Committee for approval of the list of dams and reservoirs requiring regulations on cooperation in operation thereof.

2. The provincial People’s Committee shall organize the formulation of regulations on cooperation in operation of dams and reservoirs on rivers and streams under its management as follows:

a) Direct the Department of Natural Resources and Environment to preside over and cooperate with the Department of Agriculture and Rural Development, Department of Industry and Trade, organizations and individuals managing and operating dams and reservoirs, and relevant units in formulating regulations on cooperation in operation of dams and reservoirs on rivers and streams under their management requiring regulations;

b) Collect comments of the Ministry of Natural Resources and Environment, agencies, river basin organization (if any), organizations and individuals concerned on the draft regulations on cooperation in operation of dams and reservoirs on rivers and streams within its province;

c) The Ministry of Natural Resources and Environment shall consolidate, respond to, comment on and complete the draft regulations on cooperation in operation of dams and reservoirs on rivers and streams and submit them to the provincial People’s Committee for approval.

3. Where dams and reservoirs requiring regulations on cooperation in operation on rivers and streams are located in two provinces or central-affiliated cities or more, the People's Committee of the province in lowlands of the inter-provincial water sources shall make a list, formulate regulations on cooperation in operation and collect comments of provincial People’s Committees of provinces concerned before collecting comments of the Ministry of Natural Resources and Environment.

Procedures for making a list of dams and reservoirs, formulating and approving regulations on cooperation in operation of dams and reservoirs on rivers and streams located in 02 provinces or more are specified in clauses 1 and 2 of this Article.

Chapter V

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Section 1. LIST OF LAKES, PONDS AND LAGOONS PROHIBITED FROM RECLAMATION

Article 56. Compiling List of lakes, ponds and lagoons prohibited from reclamation

1. Lakes, ponds and lagoons prohibited from reclamation specified in clause 6 Article 63 of the Law on Water Resources consist of:

a) Reservoirs on rivers, streams, canals and ditches;

b) Lakes, ponds and lagoons in urban areas and high density residential areas with a water surface area of at least 0.5 ha, except for those planned for public, national defense and security purposes and those on land under the ownership of households and land reserved for commercial and service purposes under the ownership of organizations and individuals;

c) Lakes, ponds and lagoons having the functions of protecting and preserving religious activities, practices of folk beliefs and cultural values;

d) Pits for minerals, soil and construction materials at the end of the mining period as prescribed in clause 5 Article 27 of the Law on Water Resources;

dd) Lakes, ponds and lagoons other than those specified in points a, b and c of this clause with a surface water area of at least 01 ha;

e) According to current local situation, the provincial People’s Committee shall decide to include lakes, ponds and lagoons other than those prescribed in points a, b, c and dd of this clause or lakes, ponds and lagoons prohibited with a surface water area smaller than that prescribed in point b or d of this clause in the List of lakes, ponds and lagoons prohibited from reclamation.

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a) Names, codes and administrative locations of lakes, ponds and lagoons;

b) Coordinates representing the locations of lakes, ponds and lagoons (VN2000 coordinate system, projection zone 30);

c) Surface water area;

d) Capacity (if any);

dd) Functions of lakes, ponds and lagoons;

e) Lakes, ponds and lagoons requiring water source protection corridors;

g) Units managing lakes, ponds and lagoons.

Article 57. Approving and announcing List of lakes, ponds and lagoons prohibited from reclamation

1. For the List of lakes, ponds and lagoons belonging to inter-provincial surface water sources prohibited from reclamation (hereinafter referred to as “the List of inter-provincial lakes, ponds and lagoons prohibited from reclamation”):

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The documentation submitted for comments includes an explanatory report on the List of inter-provincial lakes, ponds and lagoons prohibited from reclamation and draft Decision on approval of the List of inter-provincial lakes, ponds and lagoons prohibited from reclamation;

b) According to comments of the units specified in point a of this clause, the specialized water resources authority affiliated to the Ministry of Natural Resources and Environment shall consolidate, respond to and explain them, and complete the application for submission to the Minister of Natural Resources and Environment for consideration and approval.

The application for approval includes a Proposal; draft Decision on approval of the List of inter-provincial lakes, ponds and lagoons prohibited from reclamation; explanatory report on the List of inter-provincial lakes, ponds and lagoons prohibited from reclamation; consolidated sheet of responses and explanations for comments enclosed with photocopies of comments; other related documents;

c) Within 15 days from the date on which the List of inter-provincial lakes, ponds and lagoons prohibited from reclamation is approved, the specialized water resources authority affiliated to the Ministry of Natural Resources and Environment shall announce it on the web portal of the Ministry of Natural Resources and Environment, notify it to the People’s Committee of the province where lakes, ponds and lagoons prohibited from reclamation exist, other Ministries and ministerial agencies concerned and update it to the national water resources information system and database as prescribed in this Decree.

2. For the List of lakes, ponds and lagoons belonging to intra-provincial surface water sources prohibited from reclamation (hereinafter referred to as “the List of intra-provincial lakes, ponds and lagoons prohibited from reclamation”):

a) The Department of Natural Resources and Environment shall preside over and cooperate with the district-level People’s Committee in compiling a List of lakes, ponds and lagoons prohibited from reclamation located in a province; send documentation to obtain contents from the Department of Agriculture and Rural Development, Department of Industry and Trade, Department of Construction, Department of Culture, Sports and Tourism, relevant departments and district-level People’s Committees.

The documentation submitted for comments includes an explanatory report on the List of intra-provincial lakes, ponds and lagoons prohibited from reclamation and draft Decision on approval of the List of intra-provincial lakes, ponds and lagoons prohibited from reclamation;

b) According to comments of the units specified in point a of this clause, the Department of Natural Resources and Environment shall consolidate, respond to and explain them, and complete the application for submission to the provincial People’s Committee for submission to the provincial People's Council before approval.

The application submitted to the provincial People's Council includes a Proposal; explanatory report on the List of intra-provincial lakes, ponds and lagoons prohibited from reclamation; draft Decision on approval of the List of intra-provincial lakes, ponds and lagoons prohibited from reclamation; consolidated sheet of responses and explanations for comments enclosed with photocopies of comments; other related documents;

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The application submitted to the provincial People's Council for consideration and approval includes a Proposal; draft Decision on approval of the List of intra-provincial lakes, ponds and lagoons prohibited from reclamation; explanatory report on the List of intra-provincial lakes, ponds and lagoons prohibited from reclamation; report on responses and explanations for comments of the provincial People's Council and consolidated sheet of responses and explanations for comments enclosed with photocopies of comments; other related documents;

d) Within 15 days from the date on which the approval decision is approved, the Department of Natural Resources and Environment shall organize the announcement of the List of intra-provincial lakes, ponds and lagoons prohibited from reclamation; send it to the provincial People’s Committee for posting thereof on its web portal and update it to the national water resources information system and database as prescribed in this Decree.

Article 58. Reviewing and adjusting List of lakes, ponds and lagoons prohibited from reclamation

1. Every 05 years or where necessary, the authority approving the List of lakes, ponds and lagoons prohibited from reclamation shall review, update and adjust the List of lakes, ponds and lagoons prohibited from reclamation within the scope of its management.

2. Cases in which the List of lakes, ponds and lagoons prohibited from reclamation is adjusted:

a) Any lake, pond or lagoon is added to the List of lakes, ponds and lagoons prohibited from reclamation;

b) Any lake, pond or lagoon is removed from the List of lakes, ponds and lagoons prohibited from reclamation to serve public, national defense or security purposes;

c) The approval of adjustment to the List of lakes, ponds and lagoons prohibited from reclamation as specified in point a of this clause shall be granted as prescribed in Article 57 of this Decree. In the case mentioned in point b of this clause, the regulations enshrined in clause 3 of this Article shall be adhered to.

3. The removal of a lake, pond or lagoon from the List of lakes, ponds and lagoons prohibited from reclamation shall be carried out as follows:

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The documentation submitted for comments includes a Proposal; draft Decision to adjust the List of intra-provincial lakes, ponds and lagoons prohibited from reclamation in a province, explanatory report on reasons for removal from the List and other related documents;

b) After perfecting the application according to comments of the units specified in point a of this clause, the Department of Natural Resources and Environment shall submit it to the provincial People’s Committee for submission to the provincial People's Council before approval.

The application submitted to the provincial People's Council includes a Proposal; draft Decision to adjust the List of intra-provincial lakes, ponds and lagoons prohibited from reclamation in a province; explanatory report on reasons for removal from the List; consolidated sheet of responses and explanations for comments enclosed with photocopies of comments; other related documents;

c) According to the Resolution of the provincial People’s Council, the Department of Natural Resources and Environment shall complete the application and submit it to the provincial People’s Committee for approval of the Decision to adjust the List of intra-provincial lakes, ponds and lagoons prohibited from reclamation in its province.

The application submitted to the provincial People's Council for consideration and approval includes a Proposal; draft Decision to adjust the List of intra-provincial lakes, ponds and lagoons prohibited from reclamation; explanatory report on reasons for removal from the List; report on responses and explanations for comments of the provincial People's Council and consolidated sheet of responses and explanations for comments enclosed with photocopies of comments; other related documents;

d) Within 15 days from the date on which the adjustment decision is obtained, the Department of Natural Resources and Environment shall organize the announcement of the adjusted List of intra-provincial lakes, ponds and lagoons prohibited from reclamation; send it to the provincial People’s Committee for posting thereof on its web portal and update it to the national water resources information system and database as prescribed in this Decree.

Article 59. Responsibilities of Ministry of Natural Resources and Environment, provincial People’s Committees and units managing ponds, lakes and lagoons prohibited from reclamation

1. The Ministry of Natural Resources and Environment shall:

a) Direct and organize the compilation, adjustment and approval of the List of inter-provincial lakes, ponds and lagoons prohibited from reclamation, and update it to the national water resources information system and database;

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2. Every provincial People's Committee shall:

a) Direct and organize the compilation, adjustment and approval of the List of intra-provincial lakes, ponds and lagoons prohibited from reclamation in a province and update it to the national water resources information system and database;

b) Direct the propagation, dissemination and raising of residential community's awareness of regulations on the prohibition on discharge of untreated waste into ponds, lakes and lagoons causing water source pollution and on the deliberate reclamation and improvement;

c) Review, adjust and make additions to the List of lakes, ponds and lagoons prohibited from reclamation with respect to the pits for minerals, soil and construction materials at the end of the mining period which have satisfied regulations of laws on investment, land, environment and minerals to be repurposed into lakes for water regulation and storage and landscape creation as prescribed in clause 5 Article 27 of the Law on Water Resources.

3. Organizations and individuals managing lakes, ponds and lagoons on the List of lakes, ponds and lagoons prohibited from reclamation shall:

a) Use them for their intended purposes and not deliberately carry out reclamation or improvement;

b) Closely control acts of illegally encroaching upon and building works, discharging domestic wastewater and wastewater generated from production and business activities directly into lakes, ponds and lagoons. If any act is found, promptly notify and cooperate with the competent authority in imposing penalties therefor as prescribed by law.

Section 2. PROTECTION OF RIVER AND LAKE BEDS, BANKS AND TERRACES AND PREVENTION AND CONTROL OF EROSION OCCURRING THEREON

Article 60. General requirements for protection of river and lake beds, banks and terraces and prevention and control of erosion occurring thereon

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a) Mining sand, gravel and other minerals in rivers and lakes;

b) Dredging and clearing channels to open, renovate and upgrade channels and inland waterway routes, except for periodic maintenance and repair on existing inland waterway routes;

c) Embanking and fortifying river and lake bank, rectifying rivers except for river embankments and river training works intended for natural disaster management;

d) Improving riparian and lakeside landscapes;

dd) Building works and architectures floating on rivers, lakes and works using land with water surface;

e) Building river bridges, ports, wharfs and ferry terminals receiving ships and other hydraulic structures.

2. General requirements for protection of river and lake beds, banks and terraces and prevention of erosion occurring thereon with respect to the activities specified in clause 1 of this Article:

a) Conform to regional planning, provicinal planning, water resource-related planning, natural disaster planning, irrigation planning and other relevant provincial planning;

b) Conform to regulations on flood drainage and flood discharge corridors of reservoirs, protection corridors of hydraulic works, flood control systems, religion and folk belief-related works, traffic infrastructure and other infrastructural constructions, except for the case of emergency; conform to regulations on protection and conservation of cultural activities, practices of folk beliefs, cultural values and biodiversity, and tourism development; ensure national defense and security and protect water resources;

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d) Do not cause river and lake bed sedimentation and erosion; do not cause river and lake bank and terrace instability and affect functions of water sources;

dd) Adopt measures to prevent and control water source pollution and protect riparian and lakeside environment, landscapes and ecosystem;

e) Comply with regulations on management of water source protection corridors.

Article 61. Requirements for mining of sand and gravel in rivers

1. River sand and gravel mining activities including river bed and terrace sand and gravel mining must comply with regulations of law on minerals, other relevant regulations of law, requirements specified in clause 2 Article 60 of this Decree and the following requirements:

a) The mining area’s that must be away from the edge of the bank at a minimum distance suitable for the natural width of the river bed, topographic and geological characteristics and river bank stability shall be decided by the authority appraising the environmental impact assessment report within its power;

b) The slope of the bed of the mined river route which must be equivalent to the natural slope of the bed of the mined river segment and must not suddenly change the slope of the whole river route and the mining depth which must be suitable for the topographic and geological characteristics of the river segment and must not form any swirling hole or increase the risk of river bank instability shall be decided by the authority appraising the environmental impact assessment report;

c) If the river segment running through a midland or mountainous region has undergone seasonal sedimentation, according to the sedimentation changes, the authority appraising the environmental impact assessment report shall decide to lay down specific requirements for the sand and gravel mining to ensure that the risk of river bank and terrace erosion is prevented and minimized;

d) In the case of river terrace sand and gravel mining, the height of the bed of the mining area must not exceed the height corresponding to the average water level during dry season in the mining area, except for the case in which the mining is carried out together with the clearing of flow and enhancement of the flood drainage ability of the river segment;

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2. If any sign of bank erosion appears in the mining area during the mining process, it is required to suspend the mining and immediately notify the local government and Department of Natural Resources and Environment of the province where the mining is carried out in order to preside over and cooperate with relevant agencies to inspect and identify the causes and magnitude of impacts on river beds, banks and terraces and a report thereon shall be submitted to the provincial People’s Committee for consideration and decision.

If the mining cannot be resumed, the provincial People’s Committee shall consider adding the mining area to the list of areas prohibited or temporarily prohibited river bed sand and gravel mining in accordance with regulations of law on minerals.

Article 62. Requirements for mining of sand and gravel in lakes

River sand and gravel mining activities including river bed and terrace sand and gravel mining must comply with regulations of law on minerals, other relevant regulations of law, requirements specified in clause 2 Article 60 of this Decree and the following requirements:

1. Satisfy the requirements for lake bed dredging and sedimentation prevention and control; mining locations, range and depth, sand and gravel mining modes shall be permitted by the regulatory body licensing the mineral mining as per regulations of law on minerals, ensuring that erosion is not caused to protect lake beds and banks.

2. Do not cause water pollution; do not affect the exploitation and use of water resources of lakes; do not reduce functions of lakes approved by the competent authority.

3. The mining of sand and gravel in hydropower or irrigation reservoir beds shall comply with regulations of law on irrigation, management of dam and reservoir safety, assurance about safety of structures and environmental protection in reservoirs.

Article 63. Requirements for opening, dredging and clearing of channels and waterway traffic routes

Dredging and clearing channels to open, improve and upgrade inland channels and inland waterway routes (basic dredging) within inland water areas shall comply with regulations of law on inland water areas, other relevant regulations of law, general requirements specified in clause 2 Article 60 of this Decree and the following requirements:

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2. If the area to be dredged is close to the eroded bank or bank at risk of erosion, it is required to consider adjusting the channel in an appropriate manner to reduce the risk of river bank erosion.

3. If any sign of bank erosion appears in the mining area during the dredging process, it is required to suspend the dredging and immediately notify the local government and Department of Natural Resources and Environment of the province where the mining is carried out in order to preside over and cooperate with relevant agencies to inspect and identify the causes and magnitude of impacts on river beds, banks and terraces and a report thereon shall be submitted to the provincial People’s Committee for consideration and decision.

Article 64. Requirements for river bank embankment, fortification and rectification; riparian and lakeside landscape improvement

The river and lake bank embankment, fortification and rectification; riparian and lakeside landscape improvement shall comply with the general requirements for river bed, bank and terrace protection as prescribed in clause 2 Article 60 of this Decree and the following requirements:

1. Ensure the flow circulation and ability to drain flood, and prevent and control river bed, bank and terrace erosion, satisfy river training requirements and take measures to ensure inland waterway traffic safety and minimize adverse impacts on river bed, bank and terrace stability in the vicinity of the downstream and upstream.

2. Minimize the narrowing of the river’s space intended for containing and draining flood. If river or lake encroachment has to be carried out in order to take measures to prevent and control river or lake bank erosion, ensure river or lake bank and riparian or lakeside zone stability or comply with other requirements for river or lake bed, bank and terrace protection, it is required to carry out it together with satisfaction of requirements for river training and improvement of riparian or lakeside landscapes and the narrowed area is only intended for public, national defense and security purposes, unless otherwise permitted by the Prime Minister.

Article 65. Assessment of impacts on river beds, banks and terraces

1. For the projects that involve the activities specified in clause 1 Article 60 of this Decree, it is required to assess impacts of such activities on river bank and riparian and lakeside zone stability; flow circulation, flood drainage ability, river bed erosion and sedimentation, river bank and terrace erosion, reduction in river water level during dry season and conservation of relevant ecosystems (hereinafter referred to as “assessment of impacts on river beds, banks and terraces”) and adopt measures to protect river beds, banks and terraces and prevent and control erosion occurring thereon as prescribed in clause 2 of this Article.

2. The assessment of impacts on river beds, banks and terraces shall satisfy the following requirements:

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In the case of mining of sand and gravel, dredging and clearing of channels or embankment or construction of structures in different rivers or riparian zones, the assessment shall be carried out using different methods corresponding to each different scenario for flood flow and low stream flow, including the most unfavorable scenario in the context of climate change and sea level rise;

b) It is required to provide explanation for satisfaction of requirements for river and lake bed, bank and terrace protection in accordance with regulations of this Decree and select and propose implementation plans to protect river and lake beds, banks and terraces, including the range, time limit and commitments made during the implementation to minimize impacts on river and lake beds, banks and terraces.

c) Contents of plans to prevent and control river banks, beds and terraces, requirements and conditions for protection of river and lake beds, banks and terraces and prevention and control of erosion occurring thereon for the projects involving the activities specified in clause 1 Article 60 of this Decree must be shown in the decision to approve the environmental impact assessment report.

Article 66. Responsibilities of Ministries and provincial People’s Committees

1. The Ministry of Natural Resources and Environment shall:

a) Appraise and approve the plan to protect river beds, banks and terraces and prevent and control erosion occurring thereon in the environmental impact assessment report within its power as prescribed in the law on environmental protection;

b) Organize the implementation of measures to protect river and lake beds, banks and terraces, prevent and control erosion occurring thereon with respect to inter-provincial rivers; carry out audit and inspection, and impose penalties for violations against the law on protection of river and lake beds, banks and terraces and prevention and control of erosion occurring thereon within its power.

2. Ministries and ministerial agencies shall, within their jurisdiction, organize the implementation of measures for protection of river and lake beds, banks and terraces and prevention and control of erosion occurring thereon as prescribed.

3. Every provincial People's Committee shall:

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b) Organize the implementation of measures to protect river and lake beds, banks and terraces, prevent and control erosion occurring thereon with respect to intra-provincial rivers; organize the investigation, assessment, monitoring and surveillance of flow, river bed, bank and terrace sedimentation and erosion changes on intra-provincial rivers.

Section 3. COORDINATION AND SURVEILLANCE OF EXPLOITATION, USE AND PROTECTION OF WATER RESOURCES, PREVENTION OF, RESPONSE TO AND RECOVERY FROM DAMAGE CAUSED BY WATER, ORGANIZATIONAL STRUCTURES AND ACTIVITIES OF RIVER BASIN ORGANIZATIONS

Article 67. Contents and requirements for coordination and surveillance activities in river basins

1. The coordination activities include directing and expediting the cooperation among Ministries, ministerial agencies, local authorities, and related agencies and organizations in implementing the regulations set out in clause 1 Article 81 of the Law on Water Resources.

2. The surveillance activities include monitoring and inspecting the exploitation and use water resources, discharge of wastewater into water sources and implementation of measures to protect water resources, prevent, respond to and recover damage caused by water in river basins.

3. Requirements for coordination activities:

a) Ensure water sources are exploited and used in a comprehensive, economical and effective manner to maintain water supply to the people’s life and socio-economic development; protect water resources, prevent, respond to and recover damage caused by water;

b) Ensure the synchronous and uniform cooperation between agencies participating in coordination in river basins; use sources in a reasonable and effective manner to avoid overlapping and wastefulness;

c) Comply with planning and plans in river basins;

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4. Requirements for surveillance activities:

a) Discover unusual events in terms of flow rates, water level and quality of water sources; provide warnings and forecasts about the risk of pollution, deterioration and depletion of water sources in river basins;

b) Detect violations against laws on water resources of organizations or individuals in operating reservoirs, inter-reservoirs and in exploiting and using water, and discharging wastewater into water sources in river basins;

c) Provide information and data serving the coordination of activities of exploitation, use and protection of water sources, prevention of, response to and recover from damage caused by water prescribed in clause 1 Article 81 of the Law on Water Resources in river basins;

d) Satisfy other requirements for management, protection, regulation, distribution, restoration, development, exploitation and use of water sources, prevention of, response to and recover from damage caused by water in river basins.

Article 68. River basin organization

1. River basin organization means an inter-agency cooperation organization whose establishment is decided by the Prime Minister. The Prime Minister shall decide the number of river basin organizations, their structures, composition, assisting apparatus and operating funding.

2. The Minister of Natural Resources and Environment shall formulate a Scheme to establish river basin organizations and submit it to the Prime Minister for decision on establishment.

Article 69. Activities of river basin organizations

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2. The Prime Minister shall be assisted with orientations and solutions for addressing important, inter-agency and transboundary issues in river basins. To be specific:

a) Formulate operating plans of river basin organizations; participate in formulating documents of the Government and Prime Minister providing directions for cooperation activities, programs, schemes and projects on sustainable development, use, management and protection of water resources and related resources in river basins;

b) Propose the development, amendment and supplementation of legislative documents, mechanisms, policies (including international and regional legal framework), planning for sustainable development, use, management and protection of water resources and environment in river basins;

c) Propose solutions for ensuring effective implementation of strategies and planning (regional and national) for water resources and related fields in river basins;

d) Propose solutions for response to unusual evolutions in river basins and potential impacts on Vietnam due to upstream development activities and climate change by way of carrying out surveillance and research in river basins;

dd) Implement international cooperation activities within the framework of international agreements and treaties to which the Socialist Republic of Vietnam is a signatory; act as a conduit for cooperation with countries in river basins regarding international river basins (if any), non-governmental organizations and international organizations;

e) Monitor, supervise and request competent authorities to seek solutions for activities related to protection, regulation, distribution, development, exploitation and use of water resources, prevention of, response to and recover from damage caused by water. In the event of drought, water shortage or saltwater intrusion, the river basin organization shall establish a consultation council consisting of representatives of relevant Ministries, ministerial agencies and local authorities to formulate a water source regulation and distribution plan and submit it to the Prime Minister or the Ministry of Natural Resources and Environment for consideration and decision;

g) Participate in setting up water resource projects, constructing water source scenarios to serve water resource management in river basins; participate in protecting, restoring and promoting cultural heritage values ​​related to water resources;

h) Provide information on water resource changes, the use, protection and sustainable development of water resources and related resources to domestic and foreign news and press agencies;

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k) Cooperate with ministries, central authorities and People's Committees of relevant provinces and cities to submit to the Prime Minister programs, schemes, projects and activities on sustainable development, use, management and protection of water resources and related resources in river basins;

l) Disseminate regulations on sustainable development, efficient use, management and protection of water resources and related resources in river basins;

m) Mobilize domestic and international resources to support the performance of tasks of water resources and environmental protection in river basins;

n) Perform other tasks and exercise other powers as assigned and delegated by the Prime Minister.

Section 4. WATER RESOURCE ACCOUNTING

Article 70. General provisions on water resource accounting

1. Water resource accounting includes:

a) National water resource accounting;

b) Accounting of water resources in inter-provincial river basins on the list of river basins for which the comprehensive inter-provincial river basin planning is required as prescribed in Article 20 of this Decree.

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3. Water resources shall be accounted for by economic sectors in accordance with regulations of law on Vietnam Standard Industrial Classification and classified into the groups of accounts specified in Article 71 of this Decree.

Based on the current status of socio-economic development, the demand for water resources management and the availability of database serving accounting, the authority in charge of accounting shall decide on the economic sector and account group to perform accounting for each period.

4. Every 05 years, the authority in charge of water resource accounting shall disclose the accounting result in the national water resources report.

5. Data used for water resource accounting must be synchronous and consistent in terms of its format and collection time; must be integrated with the national water resources information system and database.

Article 71. Groups of accounts in water resource accounting

Groups of accounts in water resource accounting consist of:

1. Groups of accounts for characteristics of water resources.

2. Groups of accounts for exploitation and use of water.

3. Groups of accounts for discharge of wastewater into water sources.

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Article 72. Water resource accounting data

1. Data on groups of accounts for characteristics of water resources includes:

a) Quantity of surface water as of the end of the accounting period;

b) Groundwater reserves as of the end of the accounting period.

2. Data on groups of accounts for exploitation and use of water resources includes:

a) Name of the unit exploiting and using water; type of economic sector;

b) Water sources exploited; exploitation locations;

c) Volume of water exploited for water uses by year; total volume of exploited water by year;

d) Volume of water reused and circulated for each purpose (if any).

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a) Name of the unit discharging wastewater; type of economic sector;

b) Discharge locations; receiving waters;

c) Volume of wastewater discharged into water sources;

d) Pollutant loads in wastewater.

4. Data on groups of socio-economic accounts related to water resources includes:

a) Population within the area intended for accounting;

b) Products and production output classified by economic sector; land area used for agriculture;

c) Gross production classified by economic sectors and administrative divisions.

Article 73. Water resource accounting results

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1. Total quantity of surface water, reserves of groundwater.

2. Total volume of water exploited and used and volume of wastewater discharged into water sources.

3. Actual use of water used for domestic activities and each economic sector.

4. Pollution loads discharged into water sources by economic sectors.

5. Water use efficiency by economic sector, by scope of accounting and by area (VND/m³); water use efficiency increased between accounting periods (VND/m³).

6. Contributed value of water resources in socio-economic development by scope of accounting and by area (m³/VND); added value of water resources between accounting periods (m³/VND).

Article 74. Responsibility for organizing water resource accounting

1. The Ministry of Natural Resources and Environment shall:

a) Preside over and cooperate with other Ministries, ministerial agencies, provincial People's Committees, relevant organizations and individuals to organize water resource accounting according to the roadmap specified in Article 75 of this Decree; disclose water resource accounting results in the national water resources report and on its web portal;

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2. The Ministry of Planning and Investment shall direct statistical authorities at all levels to cooperate and provide data specified in clause 4 Article 72 of this Decree to the Ministry of Natural Resources and Environment so as to carry out water resource accounting.

Article 75. Roadmap for water resource accounting

1. By 2027, the Ministry of Natural Resources and Environment will preside over and cooperate with other Ministries, ministerial agencies and provincial People's Committees in developing and promulgating technical guidelines on water resource accounting.

2. By 2030:

a) The Ministry of Natural Resources and Environment will preside over and cooperate with relevant units in designing and operating software in service of water resource accounting;

b) The Ministry of Natural Resources and Environment will carry out and disclose results of accounting of water resources in Dong Nai and Vu Gia - Thu Bon river basins for domestic, agricultural, hydroelectric and industrial purposes.

3. By 2035, the Ministry of Natural Resources and Environment is expected to carry out and disclose results of accounting of water resources in inter-provincial and transboundary river basins by accounting periods.

Chapter VI

NATIONAL WATER RESOURCES INFORMATION SYSTEM AND DATABASE AND REGULATIONS ON MONITORING OF WATER RESOURCES, SURVEILLANCE OF WATER RESOURCE EXPLOITATION, MONITORING AND SURVEILLANCE OF WATER QUALITY

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Article 76. National water resources information system and database

1. National water resources information system and database shall be built into a centralized and uniform system to manage, operate, update and exploit water resources information nationwide.

The national water resources information system and database must be suitable for Vietnam e-Government Architecture Framework, e-Government Architecture in the natural resources and environment sector, meet standards and technical regulations of the national water resources database.

2. The national water resources information system and database is composed of the following basic elements:

a) Information technology infrastructure;

b) National water resources database;

c) Software for the national water resources information system and database.

3. The national water resources database includes the information and data specified in clause 1 Article 7 of the Law on Water Resources and classified into the groups of information and data below:

a) Information and data on water sources and river basins;

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c) Information and data on exploitation and use of water resources and discharge of wastewater into water sources; information on declaration, registration and licensing of exploration, exploitation and use of water, fee for water resource exploitation right and licensing of groundwater drilling practicing;

d) Data on inventory, survey and assessment of water resources, water resource-related planning;

dd) Information and data on water resource monitoring and data on meteorological, hydrological and water quality monitoring.

Article 77. Information and data on water resources

1. Information and data on water quantity and quality are calculated values ​​of characteristics to assess changes in quantity and quality of water sources as follows:

a) Information and data on the quantity and quality of surface water sources: water level, flow at locations on rivers, streams, canals and ditches by calculation period; capacity and area of ​​lakes, ponds and lagoons; results of measurement and analysis of water quality parameters; water quality index;

b) Information and data on quantity and quality of groundwater sources: dynamic and static reserves of aquifers; exploitable reserves of aquifers; results of measurement and analysis of water quality parameters; water quality index.

2. Information and data on declaration, registration and licensing of exploration, exploitation and use of water, groundwater drilling practicing and discharge of wastewater into receiving waters include:

a) Information and data for groundwater exploitation structures subject to declaration according to main information in declarations;

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c) Information and data for structures for exploitation and use of surface water, groundwater and seawater subject to licensing according to information on issued permits and information on the fee for water resource exploitation right;

d) Information on groundwater exploration permits;

dd) Information on licenses to practice groundwater drilling;

e) Information and data on structures discharging wastewater into water sources according to environmental licenses.

3. Data on inventory, survey and assessment of water resources, water resource-related planning, including data and products of the national water resources inventory scheme; data and products of water resource survey and assessment projects; data on water resources planning; data on comprehensive inter-provincial river basin planning; information and data on national water resources reports.

4. Information and data on the list of river basins and the list of water sources according to the list of river basins and water sources; water source protection corridor; lakes, ponds and lagoons prohibited from reclamation; domestic water safeguard zones; minimum flow on rivers, streams, canals and ditches; water source functions approved by competent authorities;

5. Information and data on river and stream cross-sections of accepted projects and schemes; zoning maps for drought and water scarcity risks made by the Ministry of Natural Resources and Environment; lists and maps of areas prohibited and restricted from groundwater exploitation, groundwater protection plans issued by provincial People's Committees; groundwater exploitation threshold in comprehensive river basin planning; annual water resource scenarios announced by the Ministry of Natural Resources and Environment.

6. Information and data on water resource monitoring and data on meteorological, hydrological and water quality monitoring:

a) Information and data on monitoring of evaporation at meteorological stations; rainfall at rain gauge stations, meteorological stations, hydrological stations, dams and reservoirs with the hydrometeorological monitoring function according to regulations;

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c) Information and data on monitoring of flow, water level, water quality, salinity and other factors at hydrological stations and salinity measuring stations;

d) Information and data on monitoring of sea level at some oceanographic stations;

dd) Information and data on monitoring of water quality at water monitoring stations;

e) Monitoring information and data on water exploitation at structures serving surveillance of water resource exploitation.

7. Data on exploitation and use of water resources at structures for water exploitation and discharge of wastewater at structures for discharge of wastewater into receiving waters.

8. Other information and data on water resources, including:

a) Legal documents on water resources, standards, technical regulations and techno-economic norms for water resources; technical processes and technical guidelines for water resources;

b) List and products of scientific research programs and topics related to water resources;

c) Contents of plans for exploitation, use and protection of water resources, prevention of, response to and recovery from damage caused by water under provincial planning;

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dd) Reports on exploitation and use of water resources by ministries and provincial People's Committees;

e) Results of exploration and assessment of groundwater reserves of groundwater exploration permit holders; information and data on geological and stratigraphic structure at locations of survey drilling, geological survey drilling, hydrogeological survey drilling, groundwater exploration drilling and engineering geological survey of organizations and individuals practicing groundwater drilling and other drilling operations in service of survey;

g) Stratigraphic information and data at locations of structures for engineering geological survey drilling, handling of foundations of construction works, construction of underground structures, geological exploration drilling, mineral exploration and mining drilling, oil and gas exploration and extraction drilling and other projects;

h) Water resource accounting results.

9. The Ministry of Natural Resources and Environment shall promulgate technical regulations on structure and data standards for information and data on water resources specified in this Article.

Article 78. Information technology infrastructure and software of the national water resources information system and database

1. Information technology infrastructure includes a set of server equipment, workstations, network devices, transmission systems, security and safety equipment, storage equipment, peripheral equipment and other equipment.

2. Software of the national water resources information system and database includes system software, utility software and application software in service of management, operation, updating and exploitation of the national water resources database and information portal of the national water resources information system and database.

3. Information technology infrastructure and software of the national water resources information system and database shall satisfy requirements in accordance with technical regulations imposed by the Minister of Natural Resources and Environment.

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1. Upon establishment of the national water resources database, it is required to sufficiently, accurately and legally update information and data on water resources of regulatory bodies, organizations and individuals concerned.

2. The national water resources database shall be regularly and promptly updated, ensuring the legality and accuracy.

3. The updating of the shall adhere to technical regulations of the Minister of Natural Resources and Environment.

Article 80. Connecting and sharing national water resources database

1. The Ministry of Natural Resources and Environment shall the national water resources database with national databases, databases of ministries, local authorities and relevant agencies to share information and data on water resources data in service of state management and handling of administrative procedures according to the Government’s regulations on management, connection and sharing of digital data of regulatory bodies.

2. Information and data on water resources shall be shared using the model specified in the Vietnam e-Government Architecture Framework or through services on data exchange platforms, National E-Document Exchange Platform and National Data Exchange Platform. Technical standards for water resources information and data sharing services shall comply with regulations on connection of the national database with other information systems and databases.

3. Information and data on water resources connected and shared must be agreed upon by involved parties and adhere to regulations of law.

Article 81. Exploitation and use of information and data on water resources

1. The exploitation of information and data on water resources shall comply with regulations of law on access to information and other relevant regulations of law.

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3. Any organization or individual that wishes to exploit and use information and data on water resources shall access and follow the instructions on the data portal of the national water resources information system and database.

In case of exploiting and using hydrometeorological monitoring data, regulations of law on hydrometeorology shall be complied with.

4. The agency managing and operating the national water resources information system and database is not allowed to share or provide information that affects national security, business secrets of enterprises or personal information of users, except in the case of facilitating the investigation and verification in service of imposing penalties for violations against laws and facilitating the state management by competent authorities.

Article 82. Ensuring security and confidentiality of information and data on water resources

1. Security of the national water resources information system and database must be assured as per regulations of law on cyberinformation security at certain grades and other relevant regulations of law.

2. The printing, copying, transport, delivery, transmission, storage, preservation and provision of information and data and other activities related to data within the scope of state secrets must comply with regulations of law on protection of state secrets.

3. The list of state secrets about water resources shall comply with regulations of law on state secrets.

Article 83. Providing funding for investment in establishment, management, operation and maintenance of the national water resources information system and database

1. The establishment, management, operation and maintenance of the national water resources information system and database include building, upgrading and maintaining information technology infrastructure and software; collecting, creating and updating information and data on the national water resources database; maintaining, operating and ensuring information security of the national water resources information system and database.

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3. The local government budget dedicated to economic activities shall cover the costs of collecting and updating information and data on the national water resources database.

4. It is advisable to use private capital and other legal sources of capital in accordance with regulations of law for the establishment, management, operation and maintenance of the national water resources information system and database.

5. The agency managing and operating the national water resources information system is permitted to lease information technology infrastructure in accordance with regulations of law on state budget, law on bidding and other relevant laws.

6. The selection of organizations fully competent to take charge of building, managing and operating the national water resources information system shall comply with regulations of law on state budget, law on public investment, law on bidding, law on cyberinformation security, law on network security, regulations on management of state investment in information technology application and other relevant laws.

Article 84. Responsibility for establishment, management, maintenance and operation of the national water resources information system and database

1. The Ministry of Natural Resources and Environment shall direct:

a) Information technology authorities to organize the management, operation, maintenance, upgradation of information technology infrastructure and design software of the information system and national water resources database; connect and share information from the national water resources database with the national public service portal, information systems and databases of other Ministries, ministerial agencies and local authorities;

b) Water resources authorities to organize the provision and updating of information and data under their management to the national water resources information system and database;

c) Hydro-meteorological authorities to provide and share information and data, including: information and data on cross-sections of rivers and streams (if any); monitoring data specified in points a, c and d clause 6 Article 77 of this Decree according to the monitoring frequencies and information and data transmission frequencies prescribed by the law on hydrometeorology; data series corrected from the time a station started its monitoring operations and updated annually immediately after the correction results are available; other information and data upon request to serve state management of water resources;

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dd) Other authorities and units under the Ministry of Natural Resources and Environment to provide and update information and data on water resources within their jurisdiction specified in Article 77 of this Decree and other relevant data to build the national water resources information system and database.

2. The Ministry of Industry and Trade, Ministry of Agriculture and Rural Development and relevant Ministries and ministerial agencies shall direct specialized agencies to provide and share data on baseline survey of water resources; annually report the exploitation and use of water resources and other related data on water resources under their management to the national water resources information system and database.

3. Each provincial People’s Committee shall direct the Department of Natural Resources and Environment and relevant authorities and units to provide, share and update information and data on water resources as prescribed in Article 77 of this Decree and other relevant data under its management to and with the national water resources information system and database.

4. Agencies and units implementing water resource inventory, survey and assessment programs, water resource-related planning and other water resource baseline survey projects shall provide and update information and data to the national water resources information system and database after being appraised and accepted by a competent authority.

5. Organizations and individuals exploiting water resources shall provide and update automatic, online and periodic monitoring data as prescribed in Articles 88, Article 89, Article 90, Article 91, Article 92, Article 93 and Article 94 of this Decree and submit annual reports on water exploitation and use at structures subject to licensing to the national water resources information system and database.

6. Groundwater exploitation permit holders shall provide and update results of exploration and assessment of groundwater reserves, information and data on stratigraphy, hydrogeological parameters and other parameters experiments at locations of drilled wells into the national water resources information system and database after completing the exploration work.

Organizations and individuals practicing groundwater drilling; organizations and individuals carrying out geological exploration, conducting engineering geological survey, handling foundations of construction works and constructing; exploring and mining minerals shall provide information and data on geological and stratigraphic structure at locations of drilled wells to the national water resources information system and database.

7. Authorities, organizations and individuals specified in clauses 1, 2, 3, 4, 5 and 6 of this Article must provide and share information and data on water resources and related information and data to serve the establishment of the national water resources information system and database and regularly update them according to regulations.

Section 2. REGULATIONS ON MONITORING OF WATER RESOURCES, SURVEILLANCE OF WATER RESOURCE EXPLOITATION, MONITORING AND SURVEILLANCE OF WATER QUALITY

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1. Frequencies of rainfall measurement at rain gauge stations, meteorological stations, hydrological stations at dams and reservoirs with hydrometeorological monitoring functions and frequencies of measurement of water level, flow, water quality and salinity at hydrological stations and salinity measuring stations shall comply with regulations of law on hydrometeorology.

2. Monitoring parameters and indicators for monitoring stations:

a) Regarding surface water resource monitoring stations: flow, water level and water quality indicators;

b) Regarding groundwater resource monitoring stations: flow at springs, water level in drilled wells and water quality indicators.

3. Monitoring frequencies for monitoring stations:

a) Regarding surface water resource monitoring stations: applying the monitoring frequencies for hydrological stations according to regulations of law on hydrometeorology;

b) Regarding groundwater resource monitoring stations: every 03 days (dry season), every 06 days (rainy season) for manual measuring equipment; every 02 hours for automatic and online measuring equipment.

Article 86. Subjects and methods of water resource monitoring

1. Subjects of water resource monitoring include structures for exploitation of surface water, groundwater and seawater for which registration and permit for exploitation of water resources are required.

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a) For a structure for which the water resource exploitation permit is required, it is required to carry out monitoring for surveillance as prescribed in Articles 88, Article 89, Article 90, Article 91, Article 92, and Article 93 of this Decree and update, connect and transmit data to the national water resources information system and database with a view to surveilling water resource exploitation;

Organizations and individuals not required to carry out monitoring and surveillance of water quality are encouraged to monitor and update data on exploited water quality to the national water resources information system and database.

b) For a structure for which the registration is required, it is required to carry out monitoring for surveillance as prescribed in Article 94 of this Decree.

3. Methods of surveilling water resource exploitation:

a) Online surveillance: keep track of data on measurement and automatic and continuous monitoring connected and transmitted directly to the national water resources information system and database;

b) Periodic surveillance: keep track of measurement and monitoring data periodically updated to the national water resources information system and database;

c) Camera surveillance: keep track of images using camera on connected and transmitted directly and continuously to the national water resources information system and database.

4. Information and data on monitoring of water resource exploitation provided by organizations and individuals exploiting water resources to the national water resources information system and database is one of the bases for determining signs of administrative and criminal violations committed during the compliance with the permit for exploitation and use of water resources and regulations of law on water resources upon inspection and audit by competent authorities.

Article 87. Requirements for equipment for measurement, data connection and transmission in service of surveillance

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a) The value to be measured must be within the measurement range;

b) The measuring equipment must operate continuously, connect and transmit information and data to the data logger of the national water resources information system and database;

c) Regarding automatic water level and flow meters, the measurement time must not exceed 15 minutes at a time; regarding surveillance cameras, the shutter speed must be at least 01 frame per minute;

d) Before being put into use, the measuring equipment must ensure quality, comply with standards and technical regulations in accordance with prevailing regulations on quality, products and goods, and be kept under metrological control (inspection, calibration, testing) in accordance with regulations of law on measurement.

2. Upon carrying out measurement of water level, the absolute error must not exceed 01 cm; regarding the flow meter, the relative error must not exceed 5% of the actually measured value.

3. The equipment for measurement, data connection and transmission must comply with data connecting standard to ensure that data is connected and transmitted to the national water resources information system and database.

4. After completing the installation of equipment for measurement, data connection and transmission in the national water resources information system and database, the organization or individual shall issue a notification to the water resources authority affiliated to the Ministry of Natural Resources and Environment regarding structures to which the water resource exploitation permit is issued by the Ministry of Natural Resources and Environment or to the Department of Natural Resources and Environment regarding structures to which the water resource exploitation permit is issued by the provincial People’s Committee.

Where the information and data connected and transmitted to the national water resources information system and database are insufficient or the connection and transmission remains unstable, thereby failing to facilitate the surveillance of water resource exploitation as prescribed, the authority receiving the notification specified in this clause shall issue a notification to the organization or individual of their failure to satisfy the requirements.

Article 88. Monitoring parameters, indicators and frequencies for surveillance of exploitation of water resources for production and supply of clean water for domestic use

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2. The monitoring of quality of exploitable water sources is prescribed as follows:

a) Monitoring parameters for online surveillance of surface water exploitation structures with a capacity of 10,000 m³/24 hours or more at the water exploitation location shall at least include temperature, pH, dissolved oxygen (DO), total suspended solids (TSS), chemical oxygen demand (COD), Ammonium (NH4+ expressed as Nitrogen) and other parameters according to national technical regulations on surface water quality prescribed by the licensing authority in the permit based on the current status of water source quality in the exploitation area;

b) Monitoring parameters for online surveillance of groundwater exploitation structures with a capacity of 5,000 m³/24 hours or more at monitoring wells shall at least include temperature, pH, total suspended solids (TSS), Ammonium (NH4+ expressed as Nitrogen), Nitrate (NO3- expressed as Nitrogen) and other parameters according to national technical regulations on groundwater quality prescribed by the licensing authoity in the permit based on the current status of water source quality in the exploitation area;

c) In addition to the monitoring parameters for online surveillance specified in points a and b of this clause, the licensing authority shall prescribe in the permit the monitoring parameters and frequencies for periodic surveillance based on the current status of water source quality in the exploitation area.

Organizations and individuals exploiting water for other purposes from a water source with the function of supplying domestic water, the licensing authority shall stipulate in the license the water quality monitoring parameters based on the characteristics of the water source and the risk of water pollution.

Article 89. Monitoring parameters, indicators and frequencies for surveillance of water exploitation through reservoirs for electricity generation

The surveillance of surface water exploitation through reservoirs for electricity generation shall be carried out as follows:

1. Monitoring parameters and indicators for surveillance:

a) Reservoir water level;

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c) Plant overflow rate;

d) Weir overflow rate.

2. Surveillance methods:

a) The reservoir with a total capacity of at least one (01) million m³: carry out automatic monitoring for online surveillance of the parameters specified in clause 1 of this Article and install cameras for surveillance of the water discharge specified in points b, c and d clause 1 of this Article;

b) The reservoir with a total capacity of less than one (01) million m³: carry out automatic monitoring for online surveillance of the parameters specified in points a, b and c clause 1 of this Article and carry out automatic monitoring for periodic surveillance of the parameters specified in point d clause 1 of this Article; install cameras for surveillance of the water discharge specified in points b and d clause 1 of this Article.

3. Frequencies of monitoring for surveillance:

a) Regarding monitoring parameters for online surveillance, within 15 minutes at a time.

In case data transmission is interrupted due to maintenance, inspection, calibration, replacement of spare parts, repair or replacement of measuring equipment, it is required to adopt measures to monitor and store data according to the periodic surveillance frequencies specified in point b of this clause and fully update information and data to the national water resources information system and database. It is also required to report the case to the water resources authority affiliated to the Ministry of Natural Resources and Environment regarding structures to which the water resource exploitation permit is issued by the Ministry of Natural Resources and Environment or to the Department of Natural Resources and Environment regarding structures to which the water resource exploitation permit is issued by the provincial People’s Committee, and explicitly describe the plan for maintenance, inspection, calibration, replacement of spare parts, repair or replacement of equipment. The plan shall be implemented within 30 days.

In case the data transmission is interrupted for other reasons, immediately after being recovered, the system must automatically transmit the data generated during the interruption period. In case the data transmission is interrupted continuously for more than 12 hours, the system operator must immediately notify the report receiving authority specified in this point in writing of the reasons and corrective actions for this interruption;

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Article 90. Monitoring parameters, indicators and frequencies for surveillance of exploitation of water through irrigation reservoirs for agricultural production, aquaculture and other purposes

The surveillance of surface water exploitation through irrigation reservoirs for agricultural production, aquaculture and other purposes shall be carried out as follows

1. Monitoring parameters and indicators for surveillance:

a) Reservoir water level;

b) Discharge flow for minimum flow maintenance (if any);

c) Exploitation capacity for purposes;

d) Weir overflow rate;

dd) Quality of water in the course of exploitation (if any).

2. Surveillance methods:

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b) The reservoir with a total capacity of 01 million m³ to less than 03 million m³: carry out monitoring for online surveillance of the parameters specified in points a, b and c clause 1 of this Article and carry out monitoring for periodic surveillance of the parameters specified in point d and dd clause 1 of this Article;

c) The reservoir with a total capacity of less than 01 million m³: carry out monitoring for periodic surveillance of the parameters specified in clause 1 of this Article.

3. Frequencies of monitoring for surveillance:

a) Regarding monitoring parameters for online surveillance and monitoring parameters for periodic surveillance, comply with the regulations set out in clause 3 Article 89 of this Decree;

b) Regarding the parameter “water quality in the process of exploitation” specified in point dd clause 1 of this Article, update data to the national water resources information system and database within 05 working days from the date on which the analysis is available.

Locations, parameters and frequencies of water quality monitoring in service of surveillance shall comply with the regulations enshrined in the surface water exploitation permit (if any).

Article 91. Monitoring parameters, indicators and frequencies for surveillance of water exploitation through drains, pumping stations and other surface water exploitation structures

The surveillance of surface water exploitation for surveillance of water exploitation through drains, pumping stations and other surface water exploitation structures shall be carried out as follows:

1. Monitoring parameters and indicators for surveillance:

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b) Quality of water in the course of exploitation (if any).

2. Surveillance methods: carry out monitoring for periodic surveillance of the parameters specified in clause 1 of this Article; encourage the monitoring for periodic surveillance of the parameter specified in point a clause 1 of this Article.

3. Frequencies of monitoring for surveillance:

a) Regarding the parameter exploitation capacity specified in point a clause 1 of this Article, daily update (before 10:00 am next day) data on flow and corresponding exploitation time during the day to the national water resources information system and database;

b) Regarding the parameter “water quality in the process of exploitation” specified in point b clause 1 of this Article, update data to the national water resources information system and database within 05 working days from the date on which the analysis is available.

Locations, parameters and frequencies of water quality monitoring in service of surveillance shall comply with the regulations enshrined in the permit for exploitation and use of surface water (if any).

Article 92. Monitoring parameters, indicators and frequencies for surveillance of groundwater exploitation

The surveillance of groundwater exploitation shall be carried out as follows:

1. Monitoring parameters and indicators for surveillance:

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Organizations and individuals are encouraged to install flow monitoring equipment in each drilled well, dug well, dug hole, corridor, spring and cave to optimize the groundwater exploitation;

b) Water level in each exploitation well regarding drilled and dug wells;

c) Quality of water in the course of exploitation (if any);

d) For a structure with a capacity of at least 3,000 m³/24 hours, there must be at least 01 monitoring well. In addition to monitoring the parameters specified in points a, b and of this clause, the parameter “water level in monitoring wells” must be monitored.

If the exploitation structure operates in multiple aquifers, there must be at least 01 monitoring well in each aquifer.

2. Surveillance methods:

a) For the structure with a total capacity of 3,000 m³/24 hours or more: carry out monitoring for online surveillance of the parameters specified in points a, b and d clause 1 of this Article and carry out monitoring for periodic surveillance of the parameter specified in point c clause 1 of this Article;

b) For the structure with a total capacity of 1,000 m³/24 hours to less than 3,000 m³/24 hours: carry out monitoring for online surveillance of the parameters specified in points a and b clause 1 of this Article and carry out monitoring for periodic surveillance of the parameter specified in point c clause 1 of this Article;

c) For the structure with a total capacity of 10 m³/24 hours to less than 1,000 m³/24 hours: carry out monitoring for periodic surveillance of the parameters specified in points a, b and c clause 1 of this Article.

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a) Regarding monitoring parameters for online surveillance: within 01 hour at a time;

b) Regarding monitoring parameters for periodic surveillance: within 24 hours at a time. Data must be updated to the national water resources information system and database before 10:00 am next day for the parameters “flow” and “water level”; for the parameter “water quality in the process of exploitation”, data must be updated to the national water resources information system and database within 05 working days from the date on which the analysis is available.

Locations, parameters and frequencies of water quality monitoring in service of surveillance shall comply with the regulations enshrined in the permit for exploitation and use of groundwater (if any).

Article 93. Monitoring parameters, indicators and frequencies for surveillance of seawater exploitation

The surveillance of sea water exploitation for surveillance of seawater exploitation through drains, pumping stations and other seawater exploitation structures shall be carried out as follows:

1. Monitoring parameters and indicators: exploitation capacity.

2. Surveillance methods: carry out monitoring for periodic surveillance of the parameters specified in clause 1 of this Article; encourage the automatic monitoring for online surveillance of the parameter specified in point a clause 1 of this Article.

3. Frequencies of monitoring for periodic surveillance, daily update (before 10:00 am next day) data on total volume of water exploited in a day to the national water resources information system and database.

Article 94. Monitoring parameters, indicators and frequencies for surveillance of water exploitation subject to registration

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1. Monitoring parameters and indicators: exploitation capacity; minimum flow in the case of reservoirs and dams (if any)

2. Surveillance methods and frequencies: prepare a logbook to record the volume of water exploited and the minimum flow discharge rate on a daily, monthly and yearly basis (if any) and carry out monitoring for periodic surveillance once a day for the parameter specified in clause 1 of this Article and record the surveillance in the logbook.

Chapter VII

RESPONSIBILITY FOR IMPLEMENTATION AND EFFECT

Article 95. Responsibility for implementation

1. The Ministry of Natural Resources and Environment shall fulfill the responsibilities specified in this Decree and the following responsibilities:

a) Issue technical guidelines, norms and unit prices for planning, baseline survey of water resources and establishment of water resource protection corridors; technical guidelines on water resources accounting; technical regulations on structure and data standards for information and data on water resources; technical guidelines on information technology infrastructure and software of the national water resources information system and database and updating of water resources databases thereto;

b) Instruct and direct local authorities to establish and manage water source protection corridors; zone off areas prohibited and restricted from groundwater exploitation; compile the List of lakes, ponds and lagoons prohibited from reclamation; instruct local authorities, organizations and individuals to connect and share information with the national water resources information system and database;

c) Organize state management of management, protection, regulation, distribution, restoration, development, exploitation and use of water resources; organize the formulation and updating of water resource regulation and distribution plans; direct the creation and operation of a decision support tool system to serve the regulation and distribution of water resources;

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dd) Preside over and cooperate with other Ministries, ministerial agencies, provincial People's Committees, relevant organizations and individuals to organize water resource accounting according to the roadmap specified in this Decree.

2. Provincial People’s Committees shall fulfill the responsibilities specified in this Decree and the following responsibilities:

a) Organize the establishment and management of water source protection corridors in their provinces; organize the prohibition and restriction on groundwater exploitation; organize the compilation of the List of lakes, ponds and lagoons prohibited from reclamation; organize the connection and sharing of information with the national water resources information system and database;

b) Organize the formulation and approval of regulations on cooperation in operation of dams and reservoirs on rivers and streams under their management;

c) Organize the implementation of measures to protect river and lake beds, banks and terraces, prevent and control erosion occurring thereon with respect to intra-provincial surface water sources; organize the investigation, assessment, monitoring and surveillance of flow, river bed, bank and terrace sedimentation and erosion changes on intra-provincial rivers; address the issues that arise from the management, protection, development, restoration, exploitation and use of water resources, prevention of, response to and recovery from damage caused by water with respect to intra-provincial surface water sources.

3. District-level People’s Committees shall fulfill the responsibilities specified in this Decree and the following responsibilities:

a) Cooperate with Departments of Natural Resources and Environment in compiling the List of water sources requiring protection corridors; formulating plans to plant boundary markers of protection corridors of rivers, streams, canals, ditches,  natural or man-made lakes in urban areas and high density residential areas and other water sources in their districts and cooperate in planting boundary markers on site after the plans to plant boundary markers are approved;

b) Receive, manage and protect boundary markers of water source protection corridors as assigned;

c) Cooperate with organizations and individuals operating reservoirs in formulating plans to plant boundary markers, determining protection corridors of hydropower and irrigation reservoirs in their districts and planting boundary markers on site after plans to plant boundary markers are approved;

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e) Perform tasks of state management of water resources as decentralized or authorized by provincial People’s Committees.

4. Communal People’s Committees shall fulfill the responsibilities specified in this Decree and the following responsibilities:

a) Take water resource protection measures as prescribed by law;

b) Receive, manage and protect boundary markers of water source protection corridors as assigned;

c) Perform tasks of state management of water resources as decentralized or authorized by superior People’s Committees.

Article 96. Amendments to several Decrees related to water resources

1. Point c clause 2 Article 23 of the Decree No. 38/2016/ND- CP dated May 15, 2016 amended by the Government’s Decree No. 48/2020/ND-CP dated April 15, 2020 is amended as follows:

 “c) Serving the formulation of socio-economic development strategies, planning and plans of Ministries, central and local authorities at the request of Ministers, heads of ministerial agencies or Chairpersons of provincial People’s Committees; share information and data with the national water resources database in accordance with regulations of law on water resources to serve the state management of water resources”.

2. Article 1 of the Government’s Decree No. 22/2023/ND-CP dated May 12, 2023 is repealed.

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Article 97. Transition clauses

1. For water resource baseline survey activities: in case the project plan containing water resource baseline survey activities is approved before the effective date of this Decree, the competent authority shall, depending on actual conditions, consider and decide the resumption of such activities according to the approved project plan if conformable with regulations of this Decree. If conformable with this Decree, review and adjustment shall be made.

2. Regarding regulations on water source protection corridors:

a) For a hydropower reservoir for which boundary markers of water source protection corridor is planted or the plan to plant boundary markers of water source protection corridor is approved before the effective date of this Decree, boundary markers shall continue to be planted according to the approved plan and shall be managed and protected as per regulations of this Decree;

b) For a hydropower reservoir for which the plan to plant boundary markers of water source protection corridor is submitted before the effective date of this Decree, the procedures for appraising and approving the plan to plant boundary markers of water source protection corridor shall continue to be initiated according to regulations of the Government’s Decree No. 43/2015/ND-CP dated May 06, 2015 and regulations set out in Article 1 of the Government’s Decree No. 22/2023/ND-CP dated May 12, 2023 and boundary markers shall be planted according to the approved plan;

c) For a local authority that approves and announces the List of water sources requiring water source protection corridors before the effective date of this Decree, it shall introduce a plan to show perimeters of water source protection corridors on cadastral maps or current land use maps as prescribed in Article 27 of this Decree. Where contents of the List fail to satisfy the conditions to be shown on cadastral maps or current land use maps, the List shall be reviewed, adjusted and updated as prescribed in this Decree;

d) For a local authority that approves the plan to plant boundary markers of water source protection corridors of water sources as prescribed in Article 13 of the Decree No. 43/2015/ND-CP date May 06, 2015, it shall review, adjust and update the List as prescribed in this Decree;

dd) For a local authority that is compiling the List of water sources requiring water source protection corridors before the effective date of this Decree, it shall review, adjust and update the List as prescribed in this Decree.

3. Regarding the regulation specifying that comprehensive inter-provincial river basin planning has been approved but has yet to stipulate a groundwater exploitation threshold, the threshold may be reviewed, updated and supplemented when implementing the adjusted planning.

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5. In the case of compiling the List of lakes, ponds and lagoons prohibited from reclamation: If the List is approved before the effective date of this Decree, it shall remain effective. The provincial People's Committee shall review, update, announce or adjust the list as prescribed in this Decree and complete it before July 01, 2026.

6. Regarding regulations on protection of river banks, beds and terraces, prevention and control of erosion occurring thereon: where the dossier on environmental impact assessment for the projects involving any activity specified in clause 1 Article 60 of this Decree is received before the effective date of this Decree, it shall be processed as prescribed in the Decree No. 23/2020/ND-CP dated February 24, 2020.

7. Regarding regulations on monitoring and surveillance of water resources:

a) For central and local surface water and groundwater resource monitoring networks which are planned under relevant planning or networks which are being established or operate before the effective date of this Decree, those networks shall continue to operate.

b) Any organization or individual that has the surface water exploitation structure specified in points a and b clause 2 Article 90 of this Decree shall complete the installation of equipment, connection and transmission of data and carry out automatic and continuous monitoring for online surveillance of the parameters as prescribed in this Decree before July 01, 2027 regarding the structure constructed before January 01, 2013 and before December 31, 2025 regarding the structure constructed from January 01, 2013 to before the effective date of this Decree.

Pending the installation of equipment, connection and transmission of data with a view to online surveillance, the organization or individual having the water resource exploitation structure shall update data on periodic monitoring of the parameters specified in clause 1 Article 90 of this Decree;

c) For any organization or individual that has the groundwater exploitation structure with a capacity of at least 3,000 m³/24 hours which is issued with the permit before the effective date of this Circular and exploits water in at least 2 aquifers but fails to adhere to the regulation on the number of monitoring wells set out in point d clause 1 Article 92 of this Decree, the structure shall continue to operate until the expiry date of the groundwater exploitation permit and the monitoring wells shall be added when applying for issuance or extension of the groundwater exploitation permit.

In case the area is not sufficient to have more monitoring wells as prescribed, the licensing authority shall consider making a decision during the licensing process;

d) Any organization or individual that has the surface water exploitation structure with a capacity of at least 10,000 m³/24 hours for production and supply of clean water for domestic use which is constructed before the effective date of this Circular shall complete the installation of equipment and monitor quality of exploited water sources as prescribed in point a clause 2 Article 88 of this Decree before July 01, 2026;

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If the number of monitoring wells is insufficient as prescribed in point d clause 1 Article 92 of this Decree, monitor quality of water sources in one representative monitoring well regarding the aquifer in which no monitoring well is available;

e) Any organization or individual that has the structure for exploitation and use of groundwater exploitation has been carrying out monitoring for online surveillance before the effective date of this Decree but is only required to carry out monitoring for periodic surveillance according to regulations of this Decree, they shall decide whether to continue automatic monitoring or switch to periodic monitoring according to regulations of this Decree;

g) Any organization or individual that has the structure for exploitation and use of groundwater exploitation has been monitoring the exploitation capacity in each well before the effective date of this Decree, they shall decide whether to continue to monitoring the exploitation capacity in each well or switch to monitoring total exploitation capacity of the structure according to regulations of this Decree;

h) Where any organization or individual that has the groundwater exploitation structure with exploitation drilled wells built before November 30, 2021 fails to install an automatic water level measuring device or fails to measure the water level manually in exploitation wells but already drilled additional monitoring according to regulations of law on water resources 2012, they shall keep monitoring the water level according to this Decree to serve the surveillance.

If no additional monitoring well is drilled, drill at least 01 monitoring well representative of each exploitation aquifers when applying for issuance or extension of the groundwater exploitation permit. In case the area is not sufficient to have more monitoring wells as prescribed, the licensing authority shall consider making a decision during the licensing process;

i) Any organization or individual that has the seawater exploitation structure required to be issued with the permit or surface water or groundwater exploitation structure required to obtain registration which is constructed before the effective date of this Circular shall complete the installation of equipment and carry out monitoring as prescribed in this Decree before July 01, 2026.

8. Any organization or individual having structure for exploitation and use of resources and required to carry out surveillance according to regulations of law on water resources 2012 before the date on which the national water resources information system and database is put into official operation shall continue to update, connect and transmit data to the local system for surveillance of water resource exploitation and use for the structure under the licensing authority of the provincial People's Committee and the system for surveillance of water resource exploitation and use of the Ministry of Natural Resources and Environment for the structure under the licensing authority of the Ministry of Natural Resources and Environment.

For a local authority that fails to have a system for surveillance of water resource exploitation and use after the effective date of this Decree, the organization or individual having the structure for exploitation and use of water resources under the licensing authority of the provincial People's Committee shall update, connect and transmit data to the system for surveillance of water resource exploitation and use of the Ministry of Natural Resources and Environment so as for the local authority to carry out surveillance.

9. Any province or central-affiliated city which is operating or building a system for surveillance of water resource exploitation and use shall continue to do so and integrate the system into the national water resources information system and database as the latter are put into official operation.

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10. The Vietnam Mekong River Basin Committee shall keep operating according to Prime Minister’s Decision No. 619/QD-TTg dated May 08, 2020 defining functions, tasks, powers and organizational structure of the Vietnam National Mekong Committee.

Article 98. Effect

1. This Decree comes into force from July 01, 2024.

2. From the effective date of this Decree, the following Government’s Decrees shall cease to have effect:

a) Decree No. 112/2008/ND-CP dated October 20, 2008;

b) Decree No. 120/2008/ND-CP dated December 01, 2008;

c) Decree No. 43/2015/ND-CP dated May 06, 2015;

d) Decree No. 167/2018/ND-CP dated December 26, 2018;

3. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities, organizations and individuals are responsible for the implementation of this Decree.

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ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
THE DEPUTY PRIME MINISTER




Tran Hong Ha

Nghị định 53/2024/NĐ-CP hướng dẫn Luật Tài nguyên nước