Decree No. 167/2018/ND-CP the restriction on groundwater extraction

DECREE

Prescribing the restriction on groundwater extraction^[1]

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

Pursuant to the June 21, 2012 Law on Water Resources;

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

The Government promulgates the Decree prescribing the restriction on groundwater extraction.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the restriction on groundwater extraction in fresh water-bearing areas in the territory of the Socialist Republic of Vietnam.

Article 2. Subjects of application

1. State management agencies involved in the demarcation and announcement of areas where groundwater extraction is restricted and the application of groundwater extraction restriction forms and measures.

2. Organizations and individuals engaged in the exploration, extraction and use of groundwater in the cases where exploration and extraction licenses are required under Clauses 1 and 2, Article 52 of the Law on Water Resources.

Article 3. Principles of demarcation and application of groundwater extraction restriction measures

1. The demarcation and application of groundwater extraction restriction measures must strictly and fully comply with the demarcation criteria and groundwater extraction restriction measures applicable to each region or area specified in Articles 6, 7, 8, 9 and 10 of this Decree.

2. Principles of demarcation of areas where groundwater extraction is restricted:

a/ Conformity with the size and characteristics of areas vulnerable to subsidence, depression, pollution, salinization, depletion of groundwater sources, characteristics of aquifers; compliance with relevant technical regulations and techno-economic norms;

b/ Boundaries of areas where groundwater extraction is restricted must be shown in maps of demarcation of such areas established on the basis of administrative or topographic maps of the same scale;

c/ Strict compliance with specific demarcation criteria applicable to each region or area where groundwater extraction is restricted under this Decree, the provisions of the law on water resources and other relevant laws, and assurance of publicity and transparency. Non-expansion of the scope of demarcation of areas where groundwater extraction is restricted as prescribed in this Decree;

d/ Sufficiency, clarity, accuracy and truthfulness of information and data used as grounds for the demarcation of areas where groundwater extraction is restricted.

3. Principles of application of groundwater extraction restriction measures:

a/ Satisfaction of the requirements on protection of groundwater sources and harmony of lawful rights and interests of related organizations and individuals, including the payment of compensations for damage and refund of money amounts paid for the grant of the water resources extraction right (if any) in case of revocation of licenses for groundwater extraction and use for national and public interests in accordance with law;

b/ Strict compliance with extraction restriction measures specifically applied to each restricted region or area and the order of application to each subject or case under this Decree. Non-application of measures of restrictions on groundwater extraction other than those prescribed in this Decree;

c/ Priority for the supply of residential water and water to serve natural disaster prevention and control tasks;