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;

d/ Compliance with approved appropriate plans and schedules, ensuring uninterrupted supply of water.

4. In case of detecting that the demarcation or application of groundwater extraction restriction measures does not conform to the criteria prescribed in this Decree, the implementation of such measures shall be suspended for review and adjustment. In case damage is caused to lawful interests of organizations and individuals extracting groundwater, compensations shall be paid in accordance with law.

Article 4.Classification of regions where groundwater extraction is restricted

1. Regions where groundwater extraction is restricted (below referred to as restricted regions) are classified into the following:

a/ Restricted regions 1;

b/ Restricted regions 2;

c/ Restricted regions 3;

d/ Restricted regions 4;

dd/Mixed restricted regions.

2. A restricted region specified in Clause 1 of this Article consists of one or several areas where groundwater extraction is restricted (below referred to as restricted areas) as specified in Clause 4, Article 52 of the Law on Water Resources and is prescribed as follows:

a/ A restricted region 1 consists of the areas specified at Points c and d, Clause 4, Article 52 of the Law on Water Resources and shall be demarcated under Article 6 of this Decree;

b/ A restricted region 2 consists of the areas specified at Point b, Clause 4, Article 52 of the Law on Water Resources and shall be demarcated under Article 7 of this Decree;

c/ A restricted region 3 consists of areas the specified at Point dd, Clause 4, Article 52 of the Law on Water Resources and shall be demarcated under Article 8 of this Decree;

d/ A restricted region 4 consists of the areas specified at Point a, Clause 4, Article 52 of the Law on Water Resources and shall be demarcated under Article 9 of this Decree;

dd/ In case restricted areas in the restricted regions specified at Points a, b, c and d of this Clause are contiguous, contiguous grounds shall be classified as a mixed restricted region.

Article 5.Groundwater extraction restriction forms and measures

1. The application of the forms of groundwater extraction restriction specified in Clause 5, Article 52 of the Law on Water Resources must be based on the classification of restricted regions specified in Article 4 of this Decree, current state of water extraction and use, and decided by competent state agencies through the application of specific groundwater extraction restriction measures specified in Articles 6, 7, 8, 9 and 10 of this Decree.

2. The application of groundwater extraction restriction measures must follow specific plans and schedules in plans specified in Article 13 of this Decree, except case of an incident, land subsidence or depression or other cases of emergency that require well treatment or filling to address the incident.

3. The application of groundwater extraction restriction measures related to well filling must comply with  regulations on treatment or filling of unused wells (below referred to as regulation on well treatment or filling). In case such supplication is related to the grant, renewal, modification, revocation or re-grant of a water resources license, the law on water resources shall be complied with.

Chapter II

SPECIFIC PROVISIONS

Article 6.Demarcation of, and application of groundwater extraction restriction measures in, restricted regions 1

1. The following areas shall be demarcated to be in restricted regions 1:

a/ Areas where an incident of land subsidence or depression or terrain deformation has occurred (below referred to as subsidence or depression areas);

b/ Areas with salinized boundaries and a total dissolved solids (TDS) content of at least 1,500 mg/l;

c/ Areas with centralized landfills as prescribed by the planning, construction and environmental protection laws;

d/ Areas with polluted groundwater extraction wells causing bad impacts on human health and surrounding organisms and no technological solution is available to treat the pollution up to the national technical regulation on quality of drinking and residential water;

dd/ Areas with centralized cemeteries or vulnerable to pollution of groundwater sources as decided by provincial-level People’s Committees.

2. Scope of demarcation of restricted areas covers the scope of areas specified in Clause 1 of this Article and scope of areas adjacent to each of those areas and specified in Clause 3 of this Article.

3. Based on the scope, nature and level of the land subsidence, depression or salinization; current quality of groundwater and risks of groundwater pollution or salinization, an adjacent area is prescribed as follows:

a/ Within 500 meters from the boundary of the subsidence or depression area, for the case specified at Point a, Clause 1 of this Article;

b/ Within 1,000 meters from the salinized boundary, for the case of an aquifer having a salinized boundary specified at Point b, Clause 1 of this Article;

c/ Within 3,000 meters from the boundary of the centralized solid waste landfill, for the case specified at Point c, Clause 1 of this Article;

d/ For an area having a polluted well specified at Point d, Clause 1 of this Article, the scope of demarcation must comply with Clause 4, Article 7 of this Decree;

dd/ For an area having a centralized cemetery or another area vulnerable to water source pollution, based on the pollution risk level, the provincial-level People’s Committee shall decide on the scope of demarcation of adjacent areas;

e/ For a mountainous, ethnic minority-inhabited, frontier, island or fresh water-scarce area, the provincial-level People’s Committee shall decide on the scope of demarcation of adjacent areas specified at Points a, b, c and d of this Clause.

4. Groundwater extraction restriction measures to be applied in restricted regions 1:

a/ For the areas specified in Clause 1 of this Article, to stop all ongoing groundwater extraction activities  (if any) and carry out the treatment and filling of wells as prescribed;

b/ For the adjacent areas specified in Clause 3 of this Article, not to grant new exploration and extraction licenses to build new groundwater extraction works and to apply the extraction restriction measures specified at Points c, d and dd of this Clause with regard to existing works;

c/ For unlicensed works, in addition to sanctioning administrative violations in accordance with law, to stop the extraction and carry out the treatment and filling of wells as prescribed, except the case specified at Point d of this Clause;

d/ For unlicensed works currently used to extract groundwater for use for the purposes specified at Point c, Clause 3, Article 3 of this Decree for which a groundwater extraction license is required, to grant such a license if the conditions for grant of groundwater extraction license prescribed by the law on water resources are satisfied after their administrative violations are sanctioned in accordance with law;

dd/ For licensed works, to allow them to continue the extraction until the expiration of the validity duration of their licenses and to extend, modify or re-grant such licenses for water supply works specified at Point c, Clause 3, Article 3 of this Decree if the conditions for license renewal, modification or re-grant prescribed by the law on water resources are satisfied.

Article 7.Demarcation of, and application of groundwater extraction restriction measures in, restricted regions 2

1. The following water-bearing areas and aquifers shall be demarcated to be in restricted regions 2:

a/ Unconfined aquifers in Hanoi, Ho Chi Minh City and localities in the Red River and Mekong River deltas;

b/ For unconfined aquifers in localities other than those specified at Point a of this Clause, provincial-level People’s Committees shall base themselves on the scale and extent of groundwater extraction, groundwater level depletion and requirements on protection of groundwater sources in their localities to decide on the demarcation;

c/ Basaltic bedrock aquifers in the Central Highlands localities.

2. Based on the moving water level in existing groundwater extraction wells, areas with extraction wells where water level is depleted in one of the following cases shall be demarcated to be in restricted regions 2:

a/ Areas with moving water levels in extraction wells exceeding those prescribed in their licenses for at least 3 consecutive months, for extraction wells pertaining to licensed works and subject to regulations on the permissible moving water level applicable to each well, except for seriously depleted extraction wells with too low moving water levels;

b/ Areas with moving water levels in extraction wells exceeding permitted ones prescribed in Clause 3 of this Article, for extraction wells pertaining to unlicensed works or to licensed works whose licenses contain no regulations on the permissible moving water level applicable to each well.

3. The permissible moving water level of a well is calculated from the ground surface in the area surrounding the well to the half depth of the unpressurized aquifer or the roof of the pressurized aquifer, but must not exceed the following level:

a/ For unconfined aquifers in the localities of the Red River delta: 35 cm for the inner area of Hanoi and other cities and towns; or 30 cm for other areas;

b/ For unconfined aquifers in Ho Chi Minh City and the localities of the Mekong River delta: 40 cm for the inner areas of Ho Chi Minh City and Can Tho city; 35 cm for other cities and towns; and 30 cm for other areas;

c/ For unconfined aquifers in localities other than those specified at Points a and b of this Clause: 30 cm;

d/ For basaltic bedrock aquifers in the Central Highlands localities: 50 cm.

Groundwater extraction and use licenses granted after the effective date of this Decree must clearly state the permissible moving water level for each well. The maximum moving water level stated in a license shall be determined based on results of the examination of the license application dossier but must not exceed that prescribed in this Clause.

4. The scope of demarcation of a restricted area covers the extraction well and area surrounding the well and must not exceed:

a/ 200 m, for wells of groundwater extraction works with a flow of between 10 m³/day and under 200 m³/day;

b/ 500 m, for wells of groundwater extraction works with a flow of between 200 m³/day and under 3,000 m³/day;

c/ 1,000 m, for wells of groundwater extraction works with a flow of at least 3,000 m³/day.

In addition to the demarcation of the area surrounding the extraction well, it is also necessary to determine the extraction aquifer or depth of the well for use as a basis for the determination of limited extraction aquifer or depth.

In case upon the demarcation under this Clause, restricted areas are found within a distance 500 m from one another in the same aquifer or the same extraction depth, such areas shall be consolidated into one restricted area.

5. Groundwater extraction restriction measures to be applied in restricted regions 2:

a/ Not to grant exploration and extraction licenses to build new groundwater extraction works;

b/ For unlicensed works, to stop the extraction and carry out the filling of wells as prescribed, except for extraction works for supply of water for the use purposes specified at Point c, Clause 3, Article 3 of this Decree which must comply with Point d, Clause 4, Article 6 of this Decree;

c/ For licensed works, to suspend the extraction as prescribed for wells with a moving water level exceeding the permissible moving water level and adjust the extraction regime or reduce the extraction flow at such wells as appropriate.

The adjustment or change mentioned at this Point may be made after the application of the measures specified at Point b of this Clause is completed. In case the moving water level in a well recovers and no longer exceeds the permissible moving water level, the adjustment is no longer required and the extraction may be resumed under the granted license.

Article 8.Demarcation of, and application of groundwater extraction restriction measures in, restricted regions 3

1. Based on current maps of centralized water supply systems, including connection points, the following residential areas and industrial parks shall be demarcated to be in restricted regions 3:

a/ Those connected to centralized water supply systems to satisfy water use needs in terms of water supply time, flow and quality for proper water use purposes;

b/ Those not yet connected to centralized water supply systems but adjacent to connection points of such systems and ready to supply clean water and satisfy water use needs in terms of water supply time, flow and quality for proper water use purposes.

2. The scope of demarcation of a restricted area specified in Clause 1 of this Article covers existing or planned residential areas and industrial parks.

3. Groundwater extraction restriction measures to be applied in restricted regions 3:

a/ Not to grant exploration and extraction licenses to build new groundwater extraction works;

b/ For unlicensed works, to stop the extraction and carry out the treatment and filling of wells as prescribed, except for extraction works for supply of water for the use purposes specified at Point c, Clause 3, Article 3 of this Decree which must comply with Point d, Clause 4, Article 6 of this Decree;

c/ For licensed works, to allow the extraction to be continued until the expiration of the validity duration of the licenses and to grant, renew, modify or re-grant licenses if the conditions for grant, renewal, modification or re-grant of licenses are satisfied in accordance with the law on water resources.

Article 9.Demarcation of, and application of groundwater extraction restriction measures in, restricted regions 4

1. Based on results of the demarcation of restricted regions mentioned in Clause 2, Article 8 of this Decree, residential areas and industrial parks outside restricted regions 3 and at a distance of up to 1,000 m from rivers, streams, canals, ditches and reservoirs (below collectively referred to as surface water sources) shall be demarcated to be in restricted regions 4 if such surface water sources fully meet the following conditions:

a/ Having the function of supplying residential water or being planned to supply residential water;

b/ Having a stable flow of at least 10 m³/s for rivers, streams, canals and ditches or a total capacity of 10 million m³for reservoirs;

c/ Having water quality up to the national regulation on surface water quality at column A1 or higher.

2. The scope of demarcation of a restricted area covers existing or planned residential areas and industrial parks which fully meet the conditions prescribed in Clause 1 of this Article.

3. Groundwater extraction restriction measures to be applied in restricted regions 4:

a/ Not to grant exploration and extraction licenses to build new groundwater extraction works of an extraction capacity of at least 10,000 m³/day, except for extraction works for supply of water for the use purposes specified at Point c, Clause 3, Article 3 of this Decree;

b/ For unlicensed works, to stop the extraction, grant licenses under regulations and allow the extraction only after licenses are granted;

c/ For licensed works, to allow the extraction to be continued until the expiration of the validity duration of the licenses and to grant, extend, modify or re-grant licenses if the conditions for grant, extension, modification or re-grant of licenses are satisfied in accordance with the law on water resources.

Article 10.Demarcation of, and application of groundwater extraction restriction measured in, mixed restricted regions

1. Based on summarized results of the demarcation of restricted regions and areas under Articles 6, 7, 8 and 9 of this Decree, any contiguous grounds in contiguous restricted  areas shall be demarcated to be in mixed restricted regions.

2. The scope of demarcation of a mixed restricted region covers contiguous grounds of restricted areas.

3. Groundwater extraction restriction measures to be applied in mixed restricted regions:

The application of groundwater extraction restriction measures in mixed restricted regions shall be decided on the basis of groundwater extraction restriction measures applicable to the regions specified in Articles 6, 7, 8 and 9 of this Decree in the order prescribed in Clause 1, Article 4 of this Decree.

Article 11.Making of lists and maps of demarcation of restricted regions

1. In pursuance to Articles 6, 7, 8, 9 and 10 of this Decree, provincial-level Natural Resources and Environment Departments shall organize the survey, making of statistics and summarization of information and data, and demarcation of restricted regions and areas in their localities; classify and summarize restricted regions and areas and determine groundwater extraction restriction measures; and make lists and maps of demarcation of restricted regions.

2. A list of restricted regions must list all restricted areas in each region. Information about each restricted region or area must include:

a/ The acreage of the restricted region or area;

b/ Administrative scope of the restricted region or area;

c/ Depth and aquifers subject to restriction (if any);

d/ Applicable groundwater extraction restriction measures.

3. Based on a list of restricted regions prescribed in Clause 2 of this Article, a map of demarcation of restricted regions shall be made. A map of demarcation of restricted regions must show results of the demarcation of restricted regions and areas and major information about each region or area on the list.

Maps of demarcation of restricted regions shall be made on the basis of administrative or topographic maps on the coordinate system VN2000, of the scale of between 1:100,000 and 1:10,000 suitable to each locality.

4. In case the scope of a restricted region or area is related to another locality, a provincial-level Natural Resources and Environment Department prescribed in Clause 1 of this Article shall notify such to the related provincial-level Natural Resources and Environment Department for demarcation, and concurrently to the Ministry of Natural Resources and Environment for monitoring and direction.

Article 12.Approval and announcement of lists and maps of demarcation of restricted regions

1. Provincial-level Natural Resources and Environment Departments shall collect written opinions on results of the demarcation of restricted regions from provincial-level  Construction, Industry and Trade; Agriculture and Rural Development; and Health Departments, district-level People’s Committees, and representatives of residential communities and of a number of related organizations and individuals extracting and using groundwater.

An opinion collection dossier must comprise:

a/ A draft decision approving the demarcation of restricted regions, enclosed with a draft statement;

b/ A draft list of restricted regions;

c/ A draft map of demarcation of restricted regions;

d/ An explanatory report on results of the demarcation of restricted regions. Such report must clearly explain grounds for the demarcation, scope of demarcation, application of groundwater extraction restriction measures in each region and area, enclosed with information and data for proving.

2. Provincial-level Natural Resources and Environment Departments shall summarize and assimilate opinions of agencies, organizations and individuals specified in Clause 1 of this Article, complete dossiers and report to provincial-level People’s Committees for organizing evaluation councils with the participation of related provincial-level departments and sectors and water resources experts and scientists.

Based on results of the evaluation, provincial-level Natural Resources and Environment Departments shall continue completing dossiers and consult the Ministry of Natural Resources and Environment. In case of necessity, the Ministry of Natural Resources and Environment may send dossiers to experts to collect their opinions and organize meetings with related agencies and units and experts for opinions. The time limit for the Ministry of Natural Resources and Environment to reply is 30 working days after receiving a complete dossier.

An opinion collection dossier must comprise:

a/ The documents specified in Clause 1 of this Article after they are completed;

b/ A report on assimilation and presentation of opinions of agencies, units and the evaluation council.

3. Based on opinions of the Ministry of Natural Resources and Environment, provincial-level Natural Resources and Environment Departments shall complete dossiers and submit them to provincial-level People’s Committees for consideration and approval.

A dossier to be submitted must comprise: A statement enclosed with a draft approval decision; a draft list of restricted regions; a draft map of demarcation of restricted regions; written opinions of the Ministry of Natural Resources and Environment and other related documents.

A statement must have the following principal contents: The process of demarcation of restricted regions and areas; explanations about grounds for, and results of, the demarcation of restricted regions and areas; application of groundwater extraction restriction measures in each area and the assimilation of opinions.

4. Announcement of lists and maps of demarcation of restricted regions:

a/ Within 15 working days after an approval decision is issued, a provincial-level Natural Resources and Environment Department shall announce the local list and map of demarcation of restriction regions in the mass media and upload them on the portal of the provincial-level People’s Committee, and notify them to district- and commune-level People’s Committees of localities where exist restricted regions and areas;

b/ The approval and announcement of lists and maps of demarcation of restricted regions shall be completed within 3 years from the effective date of this Decree.

5. The review and adjustment of restricted regions shall be carried out once every 5 years or provincial-level People’s Committees shall decide on the review, adjustment or addition of restricted regions in one of the following cases:

a/ There is a change in grounds for demarcation of restricted regions under this Decree, leading to a change in the scope of demarcation of restricted areas;

b/ There is change in natural conditions leading to a change in the scope of a restricted region or there appear areas that need to be demarcated in a restricted region or put out of the list of restricted regions.

6. Based on approved local lists and maps of demarcation of restricted regions, the Ministry of Natural Resources and Environment shall summarize and announce restricted regions 2 within the restricted regions in Hanoi, the Red River delta, the Central Highlands, Ho Chi Minh City, and the Mekong River delta.

Article 13.Plans on implementation of restrictions on groundwater extraction

1. Based on an approved local list of restricted regions, a provincial-level Natural Resources and Environment Department shall organize the survey, making of statistics, update of information and data, and making of a list of existing groundwater extraction works in announced restricted regions and areas; make plans on implementation of restrictions on groundwater extraction (below referred to as plans) under this Decree.

2. A plan shall be made for each restricted region or area and must have the following principal contents:

a/ List of existing extraction works (licensed or unlicensed) in each region or area;

b/ Specific extraction restriction measures applicable to each work;

c/ Plan and schedule of application of each extraction restriction measure to each work.

3. Procedures for approval of a plan:

a/ A provincial-level Natural Resources and Environment Department shall send a plan for collection of opinions of organizations and individuals having groundwater extraction works stated in the plan. In case the plan covers groundwater extraction works licensed by the Ministry of Natural Resources and Environment, it shall also be sent to the Ministry of Natural Resources and Environment for its opinions on measures to be applied and application plan and schedule;

b/ Within 30 working days, the agencies, organizations and individuals mentioned at Point a of this Clause shall give their written opinions on measures to be applied and application plan and schedule to the Ministry of Natural Resources and Environment for summarization;

c/ Based on opinions of the agencies, organizations and individuals mentioned at Point b of this Clause, the provincial-level Natural Resources and Environment Department shall finalize the plan in compliance with this Decree and other relevant regulations, ensuring lawful rights and interests of organizations and individuals and uninterrupted water supply, then submit it to the provincial-level People’s Committee for consideration and approval.

4. Within 15 working days after the plan is approved, the provincial-level Natural Resources and Environment Department shall notify it to related organizations and individuals and concurrently to district-level People’s Committees and the Department of Water Resources Management of the Ministry of Natural Resources and Environment for organization of implementation.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 14.Responsibilities of ministries and ministerial-level agencies

1. The Ministry of Natural Resources and Environment shall:

a/ Direct localities in implementation of restrictions on groundwater extraction under this Decree;

b/ Guide the demarcation of restricted regions, give opinions on lists and maps of demarcation of restricted regions and plans on implementation of restrictions on groundwater extraction of localities under this Decree;

c/ Inspect, examine and handle violations related to restrictions on groundwater extraction.

2. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Natural Resources and Environment and provincial-level People’s Committees in implementing the regulations on restrictions on groundwater extraction under this Decree.

Article 15.Responsibilities of People’s Committees at all levels and organizations and individuals extracting groundwater

1. Provincial-level People’s Committees shall:

a/ Direct provincial-level Natural Resources and Environment Departments in organizing the demarcation and announcement of local lists and maps of demarcation of restricted regions and making plans on implementation of restrictions on groundwater extraction in their localities;

b/ Approve local lists and maps of demarcation of restricted regions and plans on implementation of restrictions on groundwater extraction in their localities, and direct provincial-level Natural Resources and Environment Departments and district- and commune-level People’s Committees in organizing the implementation after they are approved;

c/ Inspect, examine and handle violations related to restrictions on groundwater extraction in their localities;

d/ Allocate funds within annual local budget estimates for implementation of restrictions on groundwater extraction in their localities in accordance with the budget law.

2. District- and commune-level People’s Committees shall coordinate with provincial-level Natural Resources and Environment Departments in carrying out the demarcation and announcement of lists and maps of demarcation of restricted regions; supervise local organizations and individuals in applying measures to limit the groundwater extraction under approved plans.

3. Organizations and individuals extracting groundwater shall:

a/ Provide information and data related to groundwater extraction works and extraction activities of these works at the request of provincial-level Natural Resources and Environment Departments to serve the demarcation of restricted regions under this Decree;

b/ Coordinate with provincial-level Natural Resources and Environment Departments in determining plans and schedules of application of groundwater extraction restriction measures (if any) for their groundwater extraction works under this Decree;

c/ Apply groundwater extraction restriction measures under approved plans.

Article 16.Transitional provisions

1. In restricted regions approved before the effective date of this Decree and conformable with this Decree, the extraction may continue. For those unconformable with this Decree, provincial-level People’s Committees shall direct the review and adjustment thereof to make them conformable with this Decree before December 31, 2020.

2. Organizations and individuals that have not yet applied or have been applying groundwater extraction restriction measures at the request of competent state agencies but fail to complete the application of such measures by the effective date of this Decree shall continue applying them. In case this Decree prescribes a lighter legal liability for failure to apply such measures, this Decree’s provisions shall be applied.

3. If master plans on water resources of provinces or centrally run cities approved before the effective date of this Decree have contents related to groundwater extraction restriction, the implementation on groundwater extraction restriction in such localities must comply with this Decree.

Article 17.Effect and implementation responsibility

1. This Decree takes effect on February 10, 2019.

2. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with related ministries and sectors in, guiding the implementation of this Decree.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC