Circular 03/2024/TT-BTNMT detailing the implementation of certain provisions of the Law on Water Resources

CIRCULAR

Detailing the implementation of certain provisions of the Law
on Water Resources

^___________

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

Pursuant to Decree No. 68/2022/ND-CP dated September 22, 2022, of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the Director of the Department of Water Resources Management;

The Minister of Natural Resources and Environment promulgates a Circular detailing the implementation of certain provisions of the Law on Water Resources.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular details the implementation of Clause 4, Article 22; Clause 9, Article 24; Point b, Clause 2, Article 26; Clause 8, Article 31; Clause 3, Article 39 of the Law on Water Resources concerning the functional zoning of surface water sources; the determination and adjustment of minimum flows; Determining and organizing the announcement of sanitary protection zones of domestic water supply sources; protection of groundwater in activities specified in Clause 2, Article 31 of the Law on Water Resources; development and adjustment of groundwater protection plans; artificial recharge of groundwater.

Article 2. Subjects of application

This Circular applies to agencies, organizations, residential communities, households, and individuals with activities related to the provisions specified in Article 1 of this Circular within the territory of the Socialist Republic of Vietnam.

Chapter II

THE FUNCTIONAL ZONING OF SURFACE WATER SOURCES; DETERMINING AND ORGANIZING THE ANNOUNCEMENT OF SANITARY PROTECTION ZONES OF DOMESTIC WATER
SUPPLY SOURCES

Section 1

THE FUNCTIONAL ZONING OF SURFACE WATER SOURCES

Article 3. Principles for zoning surface water functional areas

1. Ensuring systematic approach within river basins, consistent with provincial administrative boundaries.

2. Ensuring conformity with the current status of water resource extraction and use, and the demand for water extraction and use identified in water resource master plans, regional master plans, provincial master plans, and other technical and specialized master plans including the content of water resource extraction and use.

3. The functional zoning of water sources must comprehensively consider the value and benefits brought by the water source, the priority level for protection, and the convenience in meeting water protection requirements.

4. Balance interests in water resource extraction and use, wastewater discharge into water sources among areas, localities, between upstream and downstream regions, and among different entities extracting and using water resource; ensure the efficient extraction and use of water resource, and maintain normal development of aquatic ecosystems.

Article 4. Procedures for zoning the functions of river, stream, canal, ditch, and creek water sources

The functional zoning of river, stream, canal, ditch, and creek water sources is determined for each section of rivers, streams, canals, ditches, and creeks and may have one or several functions as prescribed in Clause 4 of this Article. The procedures for zoning the functions of these water sources are as follows:

1. Information and data for zoning the functions of water sources:

a) Current status and demand for water resource extraction and use for purposes such as domestic use; agricultural production; aquaculture; industrial production; business and services; tourism; hydropower; waterway transportation and other activities related to water sources;

b) Current status of aquatic ecosystems;

c) Capability of water sources in terms of quantity and quality;

d) Areas of water sources with religious, spiritual, cultural activities, tourism development; the role and importance of water sources in protecting and preserving religious, spiritual activities, cultural values, tourism development, creating landscapes, environment, and livelihoods for people;

dd) Areas of water sources playing certain role in flood storage and drainage;

e) Areas of water sources with plans, measures for protection, improvement, and restoration of water sources.

2. Identification of locations and areas for zoning the functions of water sources:

a) Locations of inflow and outflow points; provincial administrative boundaries; national borders;

b) Locations of facilities extracting and using water resource extraction, discharging wastewater, hydroelectric reservoir and irrigation facilities, facilities for water regulation; locations and areas with business and service activities; areas with waterway transportation activities;

c) Areas planned for water resource extraction and use facilities and activities identified in water resource master plans, regional master plans, provincial master plans, and technical and specialized master plans involving water resource extraction and use;

d) Locations and areas with religious, spiritual, cultural facilities and activities, historical-cultural relics, scenic spots, nature reserves, biodiversity conservation areas, crucial ecological landscape areas, areas with high biodiversity related to rivers, streams, canals, ditches, and creeks;

dd) Areas for flood storage and drainage.

3. Segmentation of rivers, streams, canals, ditches, and creeks:

a) Segmentation of rivers, streams, canals, ditches, and creeks for zoning the functions of water sources;

b) The segmentation of rivers, streams, canals, ditches, and creeks is based on: characteristics of the water sources; current status of water quality; purposes of water use and activities related to water sources; requirements for protection, improvement, and restoration of water sources.

4. Determining the function of each section of rivers, streams, canals, ditches, and creeks, as follows:

a) Based on the information and data specified in Clause 1 of this Article and the locations identified as specified in Clause 2 of this Article to determine the functions of water sources as prescribed in Clause 1, Article 22, and Clause 1, Article 28 of the Law on Water Resources for each section of rivers, streams, canals, ditches, and creeks;

b) Sections of rivers, streams, canals, ditches, and creeks that at the time of zoning the functions have no water resource extraction and use activities or for which there is no demand for water extraction and use in water resource master plans, regional master plans, provincial master plans, and technical and specialized master plans related to water resource extraction and use, the function of the water source is determined to protect the development of aquatic ecosystems, create environmental landscapes.

Article 5. Determination of the functions of lakes, ponds, lagoons, and swamps

1. The functions of the water sources of lakes, ponds, lagoons, and swamps are determined for the entire surface water area and have the functions prescribed in Clause 1, Article 22, and Clause 1, Article 28 of the Law on Water Resources. 

2. Based on the information and data used for determining the functions of water sources specified in Clause 1, Article 4 of this Circular, the functions of water sources for each lake, pond, lagoon, and swamp are determined.

Article 6. Requirements for the results of zoning the functions of water sources

1. The results of zoning the functions of rivers, streams, canals, ditches, and creeks must be compiled and listed. Each section of rivers, streams, canals, ditches, and creeks zoned by function must include the following main contents: 

   a) Name of the river, stream, canal, ditch, creek; name of the river basin; 

   b) Length, administrative position, coordinates of the start and end points of the section zoned by function (VN2000 coordinate system, 3⁰ projection zone); 

   c) The function of the water source of the section of the river, stream, canal, ditch, creek. 

2. The results of zoning the functions of lakes, ponds, lagoons, and swamps must be compiled and must include the following main contents: 

   a) Name of the lake, pond, lagoon, swamp; representative coordinates for the location (VN2000 coordinate system, 3⁰ projection zone), administrative position; name of the managing and operating organization or individual (if any). For hydroelectric and irrigation reservoirs on rivers and streams, clearly state the name of the river or stream; 

   b) Surface water area of the lake, pond, lagoon, swamp whose function is determined; 

   c) The function of the water source of the lake, pond, lagoon, swamp. 

3. The results of zoning the functions of water sources must be updated into the national water resource information and database system.

Article 7. Organization of zoning the functions of water sources, approval, and announcement of water source functions

1. In cases that the functional zoning of surface water sources is carried out in the integrated master plans of inter-provincial river basins or in provincial master plans, the approval and announcement of water source functions are carried out according to the process and procedures for approval and announcement of master plans.

2. In cases that the Ministry of Natural Resources and Environment or provincial-level People’s Committees determine and announce the functions of surface water sources according to Clause 5, Article 22 of the Law on Water Resources, the organization and implementation of zoning the functions of water sources, approval, and announcement of water source functions are carried out as follows: 

   a) The Ministry of Natural Resources and Environment directs the Department of Water Resources Management to coordinate with the Department of Natural Resources and Environment and relevant agencies to determine and zone the functions of inter-provincial and transnational surface water sources, and to seek opinions from the Ministries of Industry and Trade, Agriculture and Rural Development, Transport, Construction, Culture, Sports and Tourism, provincial-level People’s Committees, river basin organizations (if any), and related agencies and units on the results of zoning the functions of water sources.

Based on the feedback, the Department of Water Resources Management consolidates, absorbs, explains, and completes the dossier for submission to the Minister of Natural Resources and Environment for consideration and approval; 

   b) The provincial-level People’s Committees direct the Department of Natural Resources and Environment to organize the determination and zoning of the functions of intra-provincial surface water sources and to seek opinions from the Departments of Industry and Trade, Agriculture and Rural Development, Transport, Construction, Culture, Sports and Tourism, district-level People's Committees, and related agencies and units on the results of zoning the functions of water sources.

Based on the feedback, the Department of Natural Resources and Environment consolidates, absorbs, explains, and completes the dossier for submission to the provincial-level People’s Committees for consideration and approval; 

   c) Within 14 days from the date of approval of the zoning of water source functions, the Ministry of Natural Resources and Environment or the provincial-level People’s Committees, according to their authority, announce and post the decision approving the zoning of water source functions on the electronic portal of the Ministry of Natural Resources and Environment or the provincial-level People’s Committees.

SECTION 2

DETERMINATION AND ORGANIZATION OF ANNOUNCING SANITARY PROTECTION ZONES OF DOMESTIC WATER SUPPLY SOURCES

Article 8. Principles for determining sanitary protection zones of domestic water supply sources

1. Ensuring prevention and minimization of negative impacts on the quality of water sources of the water extraction facilities used for domestic purposes and other functions of the water sources. 

2. Ensuring conformity with topographical, geological, hydrogeological conditions, flow regimes, water source characteristics, extraction scale, construction layout, and other related characteristics for protecting the quality of domestic water sources.   

3. Ensuring conformity with the use status of current land and socio-economic development activities in the area where the water extraction facilities are located for domestic use.

Article 9. Cases requiring determination and announcement of sanitary protection zones of domestic water supply sources

Water extraction facilities supplying water for domestic purposes or for multiple purposes, including domestic use (hereinafter collectively referred to as water extraction facilities for domestic use) of production, business, and service establishments must determine and announce sanitary protection zones of domestic water supply sources, including:   

1. Surface water extraction facilities with a scale of over 100 m³/day and night. 

2. Groundwater extraction facilities with a scale of over 10 m³/day and night.

Article 10. Scope of sanitary protection zones of domestic water supply sources of surface water extraction facilities

1. The scope of sanitary protection zones of domestic water supply sources of surface water extraction facilities on rivers, streams, canals, ditches, and creeks is the upstream and downstream area determined from the water extraction location of the facility (including the area within the protective corridor of the river, stream, canal, ditch, or creek that the facility extracts), specified as follows: 

a) For water extraction facilities with a scale of over 100 m³/day and night to under 50,000 m³/day and night, the scope of sanitary protection zones of domestic water supply sources is not less than 1,000 meters upstream and not less than 100 meters downstream in mountainous areas; not less than 800 meters upstream and not less than 200 meters downstream in plains and midlands;

   b) For water extraction works with a scale of 50,000 m³/day and night or more, the scope of sanitary protection zones of domestic water supply sources is not less than 1,500 meters upstream and not less than 100 meters downstream in mountainous areas; not less than 1,000 meters upstream and not less than 200 meters downstream in plains and midlands.

2. The scope of sanitary protection zones of domestic water supply sources of surface water extraction facilities from reservoirs and weirs for domestic use is determined from the water extraction location of the facility and specified as follows: 

   a) Not less than 1,500 meters from the water extraction location for facilities extracting water from reservoirs and weirs on rivers and streams and not exceeding the protective corridor boundary of the reservoir or the protection scope of the weir;   

   b) The entire reservoir area for facilities extracting water from reservoirs not covered by Point a of this Clause.

Article 11. Scope of sanitary protection zones of domestic water supply sources of groundwater extraction facilities  

1. For groundwater extraction facilities in confined aquifers, the scope of sanitary protection zones of domestic water supply sources is determined for each extraction well and is not less than 3 meters from the wellhead.

2. For groundwater extraction facilities in unconfined aquifers, the scope of sanitary protection zones of domestic water supply sources is determined for each extraction well and is not less than 20 meters from the wellhead.

Article 12. Determination, approval, and announcement of the sanitary protection zones of domestic water supply sources

1. During the process of preparing the application for a water resource extraction permit, the organization or individual investing in, managing, and operating the water extraction facilities for domestic use shall propose the specific scope of the sanitary protection zones of domestic water supply sources of the extraction facilities in the application for the water resource extraction permit based on the provisions of Articles 10 and 11 of this Circular. 

2. If the scope of the sanitary protection zones of domestic water supply sources is within one province:

   a) Based on the proposal of the scope of sanitary protection zones of domestic water supply sources from the organization or individual as prescribed in Clause 1 of this Article and the current land use status, the Department of Natural Resources and Environment where the facility is located shall determine the scope of sanitary protection zones of domestic water supply sources of the facility;

   b) Within 42 days from the date of receiving the water resource extraction permit, the Department of Natural Resources and Environment shall submit to the provincial-level People’s Committee for approval the sanitary protection zones of domestic water supply sources of the facility.

3. If the scope of the sanitary protection zones of domestic water supply sources spans two or more provinces or centrally-run cities:

   a) Based on the proposal of the scope of the sanitary protection zones of domestic water supply sources from the organization or individual as prescribed in Clause 1 of this Article and the current land use status, the Department of Natural Resources and Environment where the water extraction facility is located shall take the lead and coordinate with the Departments of Natural Resources and Environment of the relevant provinces to agree on the scope of the sanitary protection zones of domestic water supply sources of the facility; 

   b) Within 42 days from the date of receiving the water resource extraction permit, the Department of Natural Resources and Environment where the water extraction facility is located shall send the agreed-upon plan for the scope of the sanitary protection zones of domestic water supply sources to the Department of Water Resources Management for consideration and submission to the Ministry of Natural Resources and Environment for approval.

4. The decision approving the sanitary protection zones of domestic water supply sources shall include the following main contents: the name of the extraction facility; the water source being extracted; the scale of the extraction facility; the extraction location; the scope of the sanitary protection zones of domestic water supply sources of the extraction facility.

5. Within 42 days from the date of the decision approving the sanitary protection zones of domestic water supply sources, the relevant provincial-level People’s Committee shall direct the Department of Natural Resources and Environment to announce it through public media, the local electronic information portal, and send it to the relevant district-level People's Committee to organize the determination of the boundaries of the sanitary protection zones of domestic water supply sources on-site.

Article 13. Organization of determining the boundaries of the sanitary protection zones of domestic water supply sources on-site

1. If the scope of the sanitary protection zones of domestic water supply sources is within one province:    

   Within 42 days from the date of receiving the decision approving the sanitary protection zones of domestic water supply sources, the district-level People's Committee shall send a notice of the plan to determine the boundaries of the sanitary protection zones on-site to the commune-level People's Committee within the scope of the sanitary protection zone and to the organization or individual investing in, managing, and operating the water extraction facilities for coordination in determining the boundaries and positions for placing signage of the sanitary protection zones of domestic water supply sources on-site.    

   After completing the determination of the boundaries of the sanitary protection zones of domestic water supply sources on-site, the district-level People's Committee shall notify the Department of Natural Resources and Environment of the completion results.

2. If the scope of the sanitary protection zones of domestic water supply sources spans two or more provinces or centrally-run cities, the organization of determining the boundaries of the sanitary protection zone on-site shall be carried out within each province or city as prescribed in Clause 1 of this Article.   

   After completing the determination of the boundaries of the sanitary protection zones of domestic water supply sources, the district-level People's Committee shall notify the Department of Natural Resources and Environment and the Department of Water Resources Management of the completion results.

Article 14. Responsibilities of agencies, organizations, and individuals related to the sanitary protection zones of domestic water supply sources

1. Organizations, individuals, and households living or conducting production, business, and service activities within the sanitary protection zones of domestic water supply sources must comply with regulations on the protective corridor of water sources, protection of surface and groundwater resources according to the law on water resources, environmental protection laws, and other relevant legal provisions.

2. Organizations and individuals investing in, managing, and operating water extraction facilities are responsible for installing and maintaining signage indicating the sanitary protection zones of domestic water supply sources for their facilities; protecting the water sources they are directly extracting and using; and monitoring and supervising activities within the sanitary protection zones of domestic water supply sources of their facilities. 

   In case of detecting acts of pollution or potential pollution, or any actions that do not ensure safety for water extraction and other violations of the law on water resources within the sanitary protection zones of domestic water supply sources of the extraction facilities, they must promptly prevent and immediately report to the nearest local authorities for handling.

3. The provincial-level People’s Committee shall direct the district-level and commune-level People's Committees to perform the following tasks: determine the boundaries of the sanitary protection zones of domestic water supply sources on-site; inspect, supervise activities within the sanitary protection zones of domestic water supply sources of water extraction facilities in the locality; receive information and resolve arising issues related to the sanitary protection zones of domestic water supply sources of water extraction facilities in the locality according to their authority.

Chapter III

DETERMINATION AND ADJUSTMENT OF MINIMUM FLOW

Article 15. Requirements for the value of minimum flow

1. The minimum flow on rivers, streams, and downstream of dams and reservoirs ranges from the lowest monthly flow to the average flow of the three lowest months (m³/s).

In case there are requirements different from the above flow value, the determination of the minimum flow at each location must be based on the provisions of Clause 4, Article 24 of the Law on Water Resources, but the maximum increase must not exceed the average dry season flow and must be consistent with the actual capacity of the water source and the water regulation capacity of the dam or reservoir; the maximum decrease must not exceed 50% of the lowest monthly flow, but must ensure water supply safety, social welfare, the environment, and the aquatic ecosystem.

2. Based on the requirements for the minimum flow on rivers, streams, and downstream of dams and reservoirs specified in Clause 1 of this Article, the determination of the minimum flow must comprehensively and fully consider the principles and bases specified in Clauses 3 and 4, Article 24 of the Law on Water Resources to select the appropriate minimum flow value at each location.

3. Depending on the requirements for water extraction and use regimes and the water regulation capacity of dams and reservoirs, and the regulation capacity of the water regulation works, the minimum flow value at each location may be considered and determined corresponding to different periods and times of the year.

The minimum flow at each location must meet the downstream water use regime and timing requirements, ensuring system-wide consistency within the river and stream system.

4. For saltwater intrusion prevention and flood control dams, and estuary dams, the competent authority for registering or licensing surface water exploitation shall decide on the necessity of maintaining the minimum flow.

Article 16. Locations for determining the minimum flow

1. For rivers and streams:

   a) The locations for determining the minimum flow on rivers and streams are identified at one or several positions, specifically: positions on the river or stream before confluence with another river or stream; locations at hydrometeorological stations or water resource monitoring stations;

   b) Besides the positions specified at Point a of this Clause, in cases where specific flow requirements are needed to ensure water extraction and use activities; cultural, sports, and tourism activities; requirements for preventing degradation, restoring water sources, or requirements for protecting the aquatic ecosystem, conserving biodiversity, and economically valuable aquatic species in one or more sections of the river or stream, the competent state management agency for water resources as prescribed in Clauses 6 and 7, Article 24 of the Law on Water Resources shall consider and decide to select additional positions for determining the minimum flow.

2. For dams and reservoirs:

   a) The location for determining the minimum flow downstream of the dam or reservoir is immediately after the dam;

   b) For dams and reservoirs that have water extraction methods interrupting the flow of rivers and streams, depending on the scale, regulation capacity of the reservoir, the impact scope of the facilities, flow regime requirements on the river or stream, and downstream water extraction and use requirements, in addition to the location for determining the minimum flow specified at Point a of this Clause, the determination of the minimum flow at the position immediately after the facilities returning flow to the river or stream should be considered;

   c) Dams and reservoirs on rivers and streams with water extraction scale requiring registration or a water resource extraction permit according to the provisions of the law on water resources must arrange minimum flow discharge works, ensuring sufficient discharge capacity to meet the requirements specified in Clause 1, Article 15 of this Circular, except for dams and reservoirs already in operation that cannot adjust or supplement minimum flow discharge facilities.

Article 17. Methods for calculating flow characteristics to determine minimum flow

1. The flow characteristics calculated at each location for determining minimum flow include:

   a) Monthly flow distribution throughout the year;

   b) Annual flow characteristics;

   c) Dry season flow characteristics (minimum monthly flow, average minimum monthly flow, average of the three lowest monthly flows, and average dry season flow).

2. Based on the existing hydrometeorological observation data and basin characteristics, the determination of flow characteristics is carried out using one of the following methods:

   a) In cases that there are hydrometeorological stations, water resource monitoring stations, or annually and multi-year regulated reservoirs (hereinafter collectively referred to as hydrometeorological monitoring stations) on rivers or streams with a series of hydrometeorological observation data of 20 years or more and the difference in basin area between the hydrometeorological station and the location for determining the minimum flow is not more than 10%, the correlation relationship (based on annual rainfall and basin area) with the flow data of the hydrometeorological monitoring station is used for determination;

   b) In cases that there are hydrometeorological monitoring stations on rivers or streams with a series of hydrometeorological observation data of 20 years or more but the difference in basin area between the hydrometeorological station and the location for determining the minimum flow is more than 10%, or the series of hydrometeorological observation data is less than 20 years, or there are no hydrometeorological monitoring stations on the river or stream, one of the following methods is considered and selected:

      The analogous basin method with a hydrometeorological station having a series of data of 20 years or more if the difference in basin area between the two basins does not exceed five (05) times and the two basins are similar in basic conditions forming the flow and have synchronous flow fluctuations.

  The correlation relationship method between annual rainfall and annual flow.

The hydrometeorological and hydraulic model method.

  Other methods suitable to the hydrometeorological characteristics and meteorological data conditions of the area.

3. In cases where there are multiple locations for determining minimum flow on the same river or stream system using different methods, the flow characteristic values are considered and adjusted to ensure system-wide consistency.

4. For dams and reservoirs on rivers or streams that require water extraction registration according to the provisions of the law on water resources, in addition to the methods specified in Clause 2 of this Article, the correlation method (based on basin area) with the flow data of the hydrometeorological station or correlation with the minimum flow value of other licensed dam and reservoir facilities in the same river basin, or based on the operational data of the facility, can be used to determine the minimum flow value.

Article 18. Requirements for information, data, and results in determining minimum flow

1. Information and data used to evaluate and determine minimum flow must be reliable and suitable for the applied method.

If hydrometeorological observation data have been affected by the regulation of water regulation facilities and water transfer on rivers and streams, the data must be restored before use for calculation and evaluation.

2. The results of calculating the flow characteristics and selecting the minimum flow value at each location must clearly demonstrate compliance with the requirements specified in Article 15 of this Circular and include the following:

   a) Selection of location;

   b) Selection of calculation method;

   c) Compliance with the requirements for water extraction and use in terms of flow rate, water level, and flow regime over time and the regulation capacity of dams and reservoirs.

3. The results of determining the minimum flow on rivers and streams must be compiled into diagrams and lists containing the following main contents:

   a) Name of the river or stream within the river basin;

   b) Location for determining the minimum flow: coordinates, administrative location;

   c) Minimum flow value.

4. For dams and reservoirs, the minimum flow value downstream of the dam or reservoir is specified in the surface water extraction permit or surface water extraction registration certificate, including information on the location (coordinates, administrative location) and minimum flow value.

Article 19. Approval and announcement of minimum flow

1. If the minimum flow is determined in the integrated planning of inter-provincial river basins or provincial planning, the announcement of the minimum flow is carried out during the planning approval and announcement process.

2. If the Ministry of Natural Resources and Environment or the provincial-level People’s Committees determine and announce the minimum flow according to Clauses 6 and 7, Article 24 of the Law on Water Resources, the approval and announcement of the minimum flow are carried out as follows:

   a) For rivers and streams:

      The Ministry of Natural Resources and Environment directs the Department of Water Resources Management to conduct surveys, evaluations, and gather opinions from the Ministries of Industry and Trade, Agriculture and Rural Development, Transport, Construction, Culture, Sports and Tourism, provincial-level People’s Committees, river basin organizations (if any), and relevant agencies and units on the minimum flow of inter-provincial and transnational rivers and streams (within the territory of Vietnam).

     Based on the feedback, the Department of Water Resources Management consolidates, absorbs, explains, and completes the dossier for submission to the Minister of Natural Resources and Environment for consideration, approval, and organization of the announcement of the minimum flow.

      The provincial-level People’s Committees direct the Department of Natural Resources and Environment to conduct surveys, evaluations, and gather opinions from the Departments of Industry and Trade, Agriculture and Rural Development, Transport, Construction, Culture, Sports and Tourism, and relevant departments and agencies on the minimum flow of intra-provincial rivers and streams; consolidate the feedback from the departments and agencies and send it to the Ministry of Natural Resources and Environment (via the Department of Water Resources Management) for consideration.

      Based on the feedback, the Department of Natural Resources and Environment consolidates, absorbs, explains, and completes the dossier for submission to the provincial-level People’s Committees for consideration, approval, and organization of the announcement of the minimum flow.

      The consultation dossier includes: draft approval decision with the list of minimum flows on rivers and streams, an explanatory report on the determination of the minimum flow, and a diagram of the minimum flow of the river and stream system.

      Within 14 days from the date of approval of the minimum flow on rivers and streams, the Ministry of Natural Resources and Environment or the provincial-level People’s Committees, according to their authority, announce and post the approval decision with the list of minimum flows on rivers and streams on the electronic portal of the Ministry of Natural Resources and Environment or the provincial-level People’s Committees.

   b) For dams and reservoirs:

      The dam or reservoir owner, or the organization or individual managing and operating the dam or reservoir, is responsible for proposing the minimum flow value downstream of the dam or reservoir they invest in, manage, and operate in the registration form or application for a surface water exploitation permit according to the provisions of the law on water resources, and it is approved by the competent authority specified at Point b, Clause 6, and Point b, Clause 7, Article 24 of the Law on Water Resources in the surface water extraction permit or surface water extraction registration certificate.

      Every six months, the Ministry of Natural Resources and Environment or the provincial-level People’s Committees, according to their authority, direct the consolidation of approved minimum flow values downstream of dams and reservoirs to issue a decision to announce and post on the electronic portal of the Ministry of Natural Resources and Environment or the provincial-level People’s Committees.

Article 20. Review and adjustment of minimum flows

1. The review and adjustment of minimum flow are carried out in accordance with Clause 9, Article 24 of the Law on Water Resources. The authority approving the minimum flow decides on the review and adjustment of the minimum flow value.

2. Organizations and individuals managing and operating dams and reservoirs as specified at Point b, Clause 1, Article 24 of the Law on Water Resources propose adjustments to the minimum flow downstream of the dams and reservoirs, and this is reflected in the registration form or application for the issuance or adjustment of the surface water extraction permit, submitted to the competent authority specified at Point b, Clause 6, and Point b, Clause 7, Article 24 of the Law on Water Resources for consideration and approval during the registration confirmation and permit issuance process.

3. The adjustment of the minimum flow is carried out in the same manner as the determination, approval, and announcement of the minimum flow specified in this Circular.

Chapter IV

GROUNDWATER PROTECTION

Section 1

GROUNDWATER PROTECTION PLAN

Article 21. Requirements of the groundwater protection plan

1. The groundwater protection plan must be consistent with the integrated inter-provincial river basin master plan; and must conform to the plan for the extraction, use, and protection of water resources, prevention, and mitigation of water-related hazards in provincial master plans.   

2. Identify the areas, aquifers that are degraded, depleted, polluted, and the causes; the implementation plan for delineating or removing areas from groundwater extraction prohibition or restriction zones; the groundwater extraction plan; areas requiring artificial groundwater recharge; solutions for protecting groundwater quality. Priority should be given to protecting and restoring main extraction aquifers and aquifers extracted for domestic water supply. 

3. The development of the groundwater protection plan must be based on the results of groundwater resource investigation and assessment; information and data from groundwater resource monitoring networks, groundwater extraction works, and other relevant information and data from the national water resource information and database system (if available). 

   In cases where information and data are insufficient for developing the groundwater protection plan, the provincial-level People’s Committee decides on the supplementation of groundwater resource investigation and assessment to support the development of the groundwater protection plan. 

4. The groundwater protection plan must be synchronized and compatible with available resources and implementation solutions; ensure feasibility and effectiveness in implementation.

Article 22. Contents of the groundwater protection plan

1. Objectives of the groundwater protection plan. 

2. Current status of groundwater resources and the situation of groundwater pollution, degradation, and depletion. 

3. Areas and aquifers that are degraded, depleted, polluted; the list of areas and aquifers prioritized for restoration identified according to Clause 3, Article 23 of this Circular. 

4. Plans and solutions for protection and restoration of the areas and aquifers identified according to Clause 4, Article 23 of this Circular. 

5. Other relevant groundwater protection contents (if any). 

6. Organization of implementation.

Article 23. Procedures for developing the groundwater protection plan

1. Evaluate the current status and trends of groundwater extraction and use; the current status and trends of groundwater levels; the current status and trends of groundwater quality, salinity intrusion; the current status and trends of land subsidence related to groundwater exploration and extraction; and the causes of groundwater aquifer degradation, depletion, and pollution in the province.

2. Areas and aquifers that are degraded, depleted, polluted:

   a) Areas and aquifers where the total extraction volume has reached or exceeded 90% of the groundwater extraction threshold determined in the integrated inter-provincial river basin master plans.

   In cases that there is no integrated inter-provincial river basin master plans or the approved integrated inter-provincial river basin master plans does not specify the groundwater extraction threshold, identify areas and aquifers where the total extraction volume has reached or exceeded 90% of the exploitable water volume of each aquifer in each area based on the extraction water level limit.

   b) Areas and aquifers where the average water level during the 6 dry months in observation or extraction wells has reached or exceeded 95% of the extraction water level limit and shows a continuous decline trend;

   c) Areas where land subsidence has occurred or is at risk of occurring;

   d) Areas and aquifers at risk of salinity intrusion; polluted with one of the parameters ammonium, nitrite, nitrate, arsenic, or other heavy metal parameters according to national technical standards on groundwater quality.

3. Based on the degree of groundwater degradation, depletion, and pollution; the demand for groundwater extraction and use; the degree of water scarcity and the orientation for water resource extraction, use, and protection in the integrated inter-provincial river basin master plans and provincial master plans, create a list of areas and aquifers that need priority protection and restoration.

   The list of areas and aquifers needing priority protection and restoration must clearly indicate administrative boundaries, distribution areas, and causes of groundwater degradation, depletion, and pollution.

4. Develop plans and solutions for protection and restoration for each area and aquifer in the list of areas and aquifers needing priority protection and restoration. The plan content includes one or more of the following:

   a) Areas and aquifers that need to be delineated as groundwater extraction prohibition zones and implementation of measures to prohibit or restrict groundwater extraction;

   b) Areas and aquifers that need to be removed from groundwater extraction restriction zones for provinces and centrally-run cities that have delineated groundwater extraction restriction zones;

   c) Areas needing artificial groundwater recharge;

   d) Groundwater pollution areas that need strict control of fertilizer and chemical use in agricultural production; areas that need strict control of waste, pollution sources, drilling, and other activities that can cause groundwater pollution;

   dd) Proposals and adjustments to groundwater extraction and use plans.

5. Based on the characteristics of groundwater resources in each area in the province, specify other relevant groundwater protection requirements.

6. Develop an implementation plan.

Article 24. Issuance of the groundwater protection plan

1. The provincial-level People’s Committee directs the allocation of funds and instructs the Department of Natural Resources and Environment to organize the investigation, statistics, information and data compilation, and development of the draft groundwater protection plan in the province.

2. The Department of Natural Resources and Environment sends a written request for comments on the draft groundwater protection plan to the Departments of Construction, Industry and Trade, Agriculture and Rural Development, Health, district-level People's Committees, and representatives of some large groundwater extraction and use organizations and individuals in the province.

3. The Department of Natural Resources and Environment finalizes the draft groundwater protection plan based on the comments from the agencies and units specified in Clause 2 of this Article and sends it to the Department of Water Resources Management for comments.

4. The Department of Natural Resources and Environment finalizes the draft groundwater protection plan and submits it to the provincial-level People’s Committee for consideration and approval.

5. The Department of Natural Resources and Environment updates the groundwater protection plan into the national water resource information and database system within 07 days after approval and organizes its implementation.

Article 25. Review and adjustment of the groundwater protection plan

1. Every 5 years or when necessary, the Department of Natural Resources and Environment organizes a review of the groundwater protection plan, reports the review results to the provincial-level People’s Committee, and proposes adjustments to the plan (if any).

2. The groundwater protection plan is considered for adjustment in the following cases:

   a) There are adjustments to the integrated inter-provincial river basin master plans or the plan for the extraction, use, and protection of water resources, prevention, and mitigation of water-related hazards in the provincial master plans that fundamentally change the direction for groundwater resource extraction, use, and protection;

   b) There are significant changes in groundwater resources in the province due to the impact of natural or human factors.

3. The provincial-level People’s Committee decides on the adjustment of the groundwater protection plan. The procedures for adjusting the groundwater protection plan are carried out in the same manner as the issuance of the groundwater protection plan specified in Article 24 of this Circular.

Section 2

ARTIFICIAL RECHARGE OF GROUNDWATER

Article 26. Requirements for artificial recharge of groundwater

1. Groundwater artificial recharge facilities must be designed and calculated to be in conformity with the geological, hydrogeological, topographical characteristics, water quality, and the retention and storage capacity of the aquifer being artificially recharged.

2. The rainwater and surface water sources used for artificial recharge of groundwater must be in conformity with the water quality of the aquifer being artificially recharged and must be regularly monitored during the recharge process.

3. Artificial recharge of groundwater must be trial-operated for at least 90 days before official operation for the cases specified at Points a and b, Clause 1, Article 27 of this Circular.

4. Groundwater artificial recharge facilities serving scientific research purposes, if intended for continued use for artificial recharge of groundwater, must undergo trial operation and receive feedback from the Department of Natural Resources and Environment in accordance with Article 29 of this Circular. 

5. If there is no need for continued use or if the groundwater artificial recharge facilities do not meet the conditions for official operation, measures must be taken to protect groundwater and the environment according to regulations.

6. The design, construction, management, and operation of drilling and excavation facilities for artificial recharge of groundwater must ensure conformity with groundwater protection requirements.

If artificial recharge of groundwater causes land subsidence, operations must be immediately halted, and timely measures must be taken to handle and rectify the issue. If damage occurs, compensation must be provided according to the law. 

Article 27. Cases of implementing artificial recharge of groundwater

1. Cases of artificial recharge of groundwater include:

   a) Artificial recharge of groundwater to restore degraded and depleted areas and aquifers according to the approved groundwater protection plan;

   b) Artificial recharge of groundwater to increase the extraction capacity of groundwater extraction facilities of organizations and individuals;

   c) Scientific research and testing solutions for artificial recharge of groundwater.  

2. Artificial recharge of groundwater specified at Point a, Clause 1 of this Article must be implemented according to the plan for artificial recharge of groundwater approved by the provincial-level People’s Committee.

Groundwater artificial recharge facilities can only be officially operated after evaluating the trial operation results to ensure they meet the requirements for the volume and quality of the artificially recharged water.

3. Artificial recharge of groundwater specified at Points b and c, Clause 1 of this Article must receive feedback from the Department of Natural Resources and Environment in accordance with Clause 2, Article 28 of this Circular regarding the plan for artificial recharge of groundwater before implementation.

Article 28. Plan for artificial recharge of groundwater

1. Contents of the plan for artificial recharge of groundwater:

   a) Explanation of the necessity and demand for artificial recharge of groundwater;

   b) Description of the hydrogeological structure characteristics, water quality in the aquifer, and assessment of the aquifer's water retention and storage capacity;

   c) Assessment of the suitability of the quantity and quality of the water source used for artificial recharge of groundwater; 

   d) Explanation of the technical design solutions for artificial recharge of groundwater, including the following main contents: method of artificial recharge (flooding, sand dam construction, basins, infiltration tanks, injection wells, water intake wells, excavation pits, trenches combined with absorption wells, and other methods); location, scale, and technical parameters of the groundwater artificial recharge facilities; solutions for controlling the water quality of the source before artificial recharge and monitoring the water quality of the aquifer during the artificial recharge process;

   dd) Description of the trial operation process;

   e) Description of the operation and management process of the groundwater artificial recharge facilities.

2. Organizations and individuals submit one set of documents to request comments on the plan for artificial recharge of groundwater either directly, by postal service, or electronically through the online public service portal to the Department of Natural Resources and Environment as prescribed in Clause 3, Article 27 of this Circular. The documents include:

   a) A written request for comments on the plan for artificial recharge of groundwater;

   b) The plan for artificial recharge of groundwater as specified in Clause 1 of this Article; 

   c) Diagrams and drawings of the groundwater artificial recharge facilities;

   d) Other relevant legal and technical documents of the project (if any).

3. Within 30 days from the date of receipt of the complete documents as specified in Clause 2 of this Article, the Department of Natural Resources and Environment shall provide written feedback on the plan for artificial recharge of groundwater to the organization or individual.

Article 29. Soliciting feedback on the results of the trial operation of artificial recharge of groundwater

1. Within 30 days from the end of the trial operation, organizations and individuals performing artificial recharge of groundwater as specified at Point b, Clause 1, Article 27 of this Circular must report the results of the trial operation of artificial recharge of groundwater to the Department of Natural Resources and Environment to solicit feedback.   

   Organizations and individuals submit one report on the results of the trial operation of artificial recharge of groundwater as specified in Clause 3 of this Article either directly, by postal service, or electronically through the online public service portal to the Department of Natural Resources and Environment.

2. Within 30 days from the date of receipt of the report on the results of the trial operation of artificial recharge of groundwater, based on the plan for artificial recharge of groundwater and the trial operation results, the Department of Natural Resources and Environment shall provide written feedback on the trial operation results of the groundwater artificial recharge facilities and the fulfillment of requirements for official operation to the organization or individual.   

3. The main contents of the report on the results of the trial operation of artificial recharge of groundwater as specified in Clause 1 of this Article include: description of the trial operation results; assessment of the fulfillment of the requirements for the volume and quality of artificially recharged water.

Article 30. Responsibilities of agencies, organizations, and individuals in artificial recharge of groundwater

1. Organizations and individuals implementing artificial recharge of groundwater have the following responsibilities: 

   a) Develop a plan for preventing and responding to water pollution incidents during the operation of artificial recharge of groundwater;

   b) Monitor and supervise water levels, water quality, and adjust the flow rate of artificial recharge of groundwater to suit the retention and storage capacity of the aquifer;

   c) By January 15 of the following year, report on the implementation of artificial recharge of groundwater to the Department of Natural Resources and Environment where the facilities are located and update the information into the national water resource information and database system.

2. The Department of Natural Resources and Environment has the following responsibilities:

   a) Organize the implementation of the plan for artificial recharge of groundwater after it has been approved by the provincial-level People’s Committee and report the results of the trial operation to the provincial-level People’s Committee for cases of artificial recharge of groundwater specified at Point a, Clause 1, Article 27 of this Circular;

   b) Inspect and supervise the trial operation and official operation of the groundwater artificial recharge facilities specified at Points b and c, Clause 1, Article 27 of this Circular;

   c) Update the results of artificial recharge of groundwater into the national water resource information and database system for cases of artificial recharge of groundwater specified at Point a, Clause 1, Article 27 of this Circular. 

Section 3

PROTECTION OF GROUNDWATER IN DRILLING AND EXCAVATION ACTIVITIES AND GROUNDWATER EXPLORATION AND EXTRACTION

Article 31. Protection of groundwater in the design and construction of drilling and excavation facilities in groundwater investigation, evaluation, exploration, and extraction projects

1. The design and construction of drilling and excavation facilities in groundwater investigation and evaluation projects must meet the following requirements:

   a) The design and construction of groundwater investigation and evaluation drilling must conform to the technical regulations of the Minister of Natural Resources and Environment;

   b) The construction of drilling facilities must be carried out by organizations or individuals with a groundwater drilling practice license;

   c) The depth, diameter, casing structure, screen pipes, and sealing and isolation sections must be suitable for the geological strata, ensuring that surface water does not infiltrate into the aquifers;

   d) The construction of drilling and excavation facilities must ensure the stability of the soil and rock environment around the construction area.

2. The design and construction of drilling and excavation facilities in groundwater exploration and extraction projects must meet the requirements of Clause 1 of this Article and the following additional requirements:

   a) The design of wells and the construction plan for exploratory and extraction wells must be done by the person responsible for the technical aspects of the organization or individual with a groundwater drilling practice license;

   b) The casing and screen pipes installed in groundwater extraction wells must ensure stability during extraction;

   c) If chemicals are used for soaking and cleaning wells, the chemicals must not cause environmental pollution or water contamination;

   d) Groundwater extraction facilities must conduct monitoring to serve the supervision of water extraction according to regulations. If groundwater extraction facilities must build monitoring wells as prescribed, the location of the monitoring wells must be representative of the water extraction of the facilities and be specified in the permit application. 

3. Requirements for groundwater protection in experimental activities in groundwater investigation, evaluation, exploration, and extraction projects:

   a) Chemicals and radioactive substances used during experiments must not cause environmental pollution or water contamination;

   b) Measures must be taken to prevent wastewater and water containing harmful substances from entering the wells;

   c) The methods and procedures for conducting experiments in wells must be specified in the proposals, projects, scientific research topics, and technical construction documents;

   d) When performing experimental water pumping, in addition to complying with the provisions of Points a, b, and c of this Clause, it must ensure that it does not cause flooding or lower the water level beyond the extraction water level limit. In case of incidents affecting the environment, organizations or individuals must immediately stop experimental water pumping and compensate for damages (if any) according to legal regulations.

4. After completing the construction, organizations or individuals carrying out drilling, excavation, and experimental facilities in groundwater investigation, evaluation, exploration, and extraction projects must update information and data on geological structure, stratigraphy, and hydrogeology at the well location into the national water resource information and database system according to regulations.

Article 32. Protection of groundwater in geological survey activities, foundation treatment for construction works, underground construction; geological exploration, mineral, and oil and gas exploration and extraction

1. Organizations and individuals conducting geological surveys, foundation treatment for construction works, underground construction; geological exploration, mineral exploration, oil and gas exploration and extraction involving drilling, excavation, and experimental facilities must comply with relevant regulations, standards, and technical specifications and fully meet the groundwater protection requirements as stipulated in Article 31 of this Circular.

2. Organizations and individuals conducting foundation treatment for construction works must not cause land subsidence or surface subsidence; nor cause groundwater pollution, degradation, or depletion.

3. For ponds, reservoirs, or areas containing wastewater, tailings, and other liquid wastes in mineral extraction activities, they must comply with regulations and requirements on environmental protection as prescribed by the law on environmental protection, minerals, and water resources to ensure no groundwater pollution occurs.

4. In cases where wells in geological survey activities, foundation treatment, underground construction; geological exploration, mineral exploration, and extraction are expected to be used for 2 years or more, they must meet the requirements in Point c, Clause 1, Article 31 of this Circular.

5. Organizations and individuals conducting geological exploration, geological surveys, foundation treatment for construction works, underground construction; geological exploration, mineral exploration, and extraction must update geological structure and stratigraphy data at the well location into the national water resource information and database system as prescribed.

Article 33. Protection of groundwater in dewatering activities for mines, construction pits, and other drilling, excavation, and experimental activities

1. Organizations and individuals conducting dewatering activities for mines, construction pits, and other drilling, excavation, and experimental activities must comply with relevant regulations, standards, and technical specifications and fully meet the groundwater protection requirements as stipulated in Article 31 of this Circular.

2. If organizations and individuals engaged in mineral extraction or construction activities perform dewatering, leading to groundwater level reduction and causing land subsidence, they must immediately stop the dewatering activities and implement remedial measures; if damage occurs, compensation must be provided according to the law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 34. Transitional provisions

            1. Regarding the sanitary protection zones of domestic water supply sources:

   a) For water extraction facilities for domestic use that have been licensed for water resource extraction and use before the effective date of this Circular but have not yet had their sanitary protection zones determined and approved, the provisions of this Circular shall apply. The proposal for the scope of the sanitary protection zone must be submitted to the Department of Natural Resources and Environment where the facilities are located no later than July 1, 2025;

   b) For water extraction facilities for domestic use that had their sanitary protection zones approved before the effective date of this Circular, the approved decision shall continue to be implemented. If organizations or individuals investing in, managing, and operating the water extraction facilities wish to adjust the scope of the sanitary protection zone according to the provisions of this Circular, they must propose the scope and submit it to the Department of Natural Resources and Environment where the facilities are located;

   c) For water extraction facilities for domestic use that were in operation before the effective date of this Circular and have actual site conditions that do not allow for the establishment of a sanitary protection zone in accordance with Articles 10 and 11 of this Circular, the competent state agency approving the sanitation protection zone may, based on the nature, scale of the works, water source characteristics, and other water protection requirements, decide on a smaller scope for the sanitation protection zone than the minimum scope, provided that the water quality in the intake area is ensured.

2. Regarding the determination of minimum flow:

   The minimum flow values that have been stipulated by competent state agencies in water resource extraction and use permits or in the inter-reservoir operation procedures issued before the effective date of this Circular shall continue to be implemented until the permit expires or until a decision is made to adjust or supplement the inter-reservoir operation procedures.

3. Regarding well sealing:

   The sealing of damaged wells that are no longer in use or do not have a continued use plan as stipulated in Clause 1, Article 31 of the Law on Water Resources shall continue to be implemented according to the provisions of Circular No. 72/2017/TT-BTNMT dated December 29, 2017, of the Minister of Natural Resources and Environment on well sealing until the national technical regulation on well sealing is issued.

Article 35. Effect

1. This Circular takes effect on July 1, 2024.

2. From the effective date of this Circular, the following Circulars shall cease to be effective:

   a) Circular No. 24/2016/TT-BTNMT dated September 9, 2016, of the Minister of Natural Resources and Environment on the determination and announcement of the sanitary protection zones of domestic water supply sources;

   b) Circular No. 31/2018/TT-BTNMT dated December 26, 2018, of the Minister of Natural Resources and Environment on the content and reporting forms for water resources;

   c) Circular No. 64/2017/TT-BTNMT dated December 22, 2017, of the Minister of Natural Resources and Environment on the determination of minimum flow on rivers, streams, and downstream of reservoirs and dams;

   d) Circular No. 75/2017/TT-BTNMT dated December 29, 2017, of the Minister of Natural Resources and Environment on the protection of groundwater in drilling, excavation, exploration, and extraction activities;

   dd) Circular No. 27/2014/TT-BTNMT dated May 30, 2014, of the Minister of Natural Resources and Environment on the registration of groundwater extraction, form for application for new, extended, adjusted, or reissued water resource permits;

   e) Circular No. 40/2014/TT-BTNMT dated July 11, 2014, of the Minister of Natural Resources and Environment on the practice of groundwater drilling;

   g) Circular No. 56/2014/TT-BTNMT dated September 24, 2014, of the Minister of Natural Resources and Environment on the competency requirements for organizations and individuals conducting basic water resource investigations, consulting to formulate water resource master plans, and preparing projects and reports in water resource permit applications.

3. The following Chapters and Articles of the following Circulars of the Minister of Natural Resources and Environment shall be annulled from the effective date of this Circular:

   a) Article 20 of Circular No. 04/2020/TT-BTNMT dated June 3, 2020, of the Minister of Natural Resources and Environment on technical regulations for integrated inter-provincial river basin master plans and inter-provincial water resources;

   b) Articles 3, 4, 16, Chapter III, and Chapter V of Circular No. 17/2021/TT-BTNMT dated October 14, 2021, of the Minister of Natural Resources and Environment on the monitoring of water resource extraction and use.

Article 36. Organization of implementation

1. Ministries, ministerial-level agencies, government agencies, People's Committees of provinces and centrally-run cities, units under the Ministry of Natural Resources and Environment, Departments of Natural Resources and Environment of provinces and centrally-run cities, and relevant organizations and individuals shall implement this Circular.

2. During the implementation of this Circular, if any difficulties arise, agencies, organizations, and individuals are requested to promptly report them to the Ministry of Natural Resources and Environment for consideration and resolution./.