Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Law provides for management, protection, regulation, distribution, restoration, development, exploitation and use of water resources; prevention of, response to and recovery from damage caused by water in the territory of the Socialist Republic of Vietnam.
2. Groundwater beneath the seabed and seawater belonging to exclusive economic zones and continental shelves of the Socialist Republic of Vietnam; mineral water, natural hot water are not covered by this Law.
Article 2. Definitions
For the purposes of this Law, the terms below shall be construed as follows:
1. “water resources” include surface water, groundwater, rainwater and seawater.
2. “water sources” means any artificial or natural accumulation of water. Natural accumulations of water consist of rivers, streams, canals, ditches, lakes, ponds, lagoons, underground aquifers and any other accumulation of naturally occurring water. Artificial accumulations of water encompass hydroelectric reservoirs, irrigation reservoirs, rivers, canals, ditches, lakes, ponds, lagoons and any other accumulation of water created by human beings.
3. “surface water” means water existing on the surface of the mainland or islands.
4. “groundwater” means water existing in underground aquifers on the mainland, on islands or beneath the seabed.
5. “transboundary surface water source” mean a source of surface water occurring within the territory of Vietnam and that of another country.
6. “inter-provincial surface water source” means a source of surface water occurring within two or more provinces or central-affiliated cities.
7. “intra-provincial surface water source” means a source of surface water occurring within one province or central-affiliated city.
8. “river basin” means an area of land where surface water and groundwater naturally go into a river and eventually an estuary or an ocean.
9. “transboundary river basin” means a river basin lying within the territory of Vietnam and that of another country.
10. “inter-provincial river basin” means a river basin lying within two or more provinces or central-affiliated cities.
11. “intra-provincial river basin” means a river basin lying within one province or central-affiliated city.
12. “domestic water source” means a source of water that has the function of supplying water to domestic activities.
13. “water source pollution” means an alteration in the physical, chemical or biological properties of water, making it unconformable with applicable standards and technical regulations on environment, thus exerting adverse impacts on human beings, creatures and nature.
14. “water source deterioration” means a decline in quantity and quality of a source of water, exerting adverse impacts on the exploitation and use of water and aquatic ecosystems.
15. “water source depletion” means a drastic decline in the quantity of a source of water that makes it no longer exploitable or usable.
16. “function of a water source” means the ability of a water source to provide its values and benefits to serve purposes of water.
17. “carrying capacity of surface water source” means the limit at which a water source has the ability to receive an additional amount of pollutants while ensuring its quality for its intended purposes in compliance with standards and technical regulations.
18. “minimum flow” means a flow at the lowest level necessary for maintaining a river or river section in order to assure the normal development of aquatic ecosystems and maintain a minimum level for the exploitation and use of water.
19. “groundwater exploitation threshold” means the permissible limit at which groundwater is exploited in order not to cause saltwater intrusion, water source deterioration or depletion, land subsidence or adverse impacts on water sources and the environment.
20. “domestic water safeguard zone” means the vicinity of the area where domestic water is obtained, which must be protected under regulations to prevent and control domestic water source pollution.
21. “water source protection corridor” means part of land along or surrounding a surface water source, which is intended for protecting the water source and maintain its functions.
22. “water source restoration” means a measure to improve the quantity and quality of water to restore the flow and functions of a water source and foster the economic, ecological, cultural and historical values associated with the water source.
23. “water security” means the assurance about quantity and quality of water to secure livelihoods in all circumstances, meeting the demands for using water for socio-economic development, national defense, security and environmental activities and minimizing water-related risks and damage caused by human beings and nature.
24. “exploitation and use of water resources” means the exploitation and realization of potentials and values of water resources with a view to livelihood protection, socio - economic development, environmental protection and preservation of religious activities, practices of folk beliefs, cultural values and biodiversity.
25. “real-time reservoir operation” means a process for continuously and instantaneously operating and regulating a reservoir by way of compliance with the reservoir operation procedures, and real-time updating of hydrometeorological information, data and forecasts.
26. “wastewater” means water of which characteristics and nature are changed. It is discharged from production, business, services, daily-life activities or other activities.
27. “water reuse” means the reuse of wastewater which has met national technical regulations and is appropriate to its intended use.
28. “circular use of water” means the reuse of water in a production cycle.
29. “water source development” means a measure to increase the capacity for water retention, water storage, water conveyance and sustainable exploitation and use of water and to increase the values of water resources.
Article 3. Principles of management, protection, regulation, distribution, restoration, development, exploitation and use of water resources; prevention of, response to and recovery from damage caused by water
1. Sovereignty, unity and territorial integrity, national interests are safeguarded, fairness and reasonableness are ensured during the management, protection, regulation, distribution, restoration, development, exploitation and use of water resources, prevention of, response to and recovery from damage caused by water; water security is ensured so as for the people to access and use water in a fair and reasonable manner.
2. Water resources must be managed in an integrated and uniform manner in terms of their quantity and quality; between surface water and groundwater; between upstream areas and downstream areas in connection with management of other natural resources.
3. Water resources management must ensure the uniformity by river basins and water sources in association with the management by administrative divisions; the responsibility for state management of water resources and water sources must be assigned and delegated independently of the responsibility for state management of planning, construction and operation of hydraulic structures, hydropower projects, urban and rural water supply facilities.
4. Prevention must be prioritized in the protection of water resources in connection with the protection of quantity and quality of water; the protection and enhancement of forest quality must be associated with the protection and development of water generation sources and functions of water sources.
5. The exploitation and use of water resources must be declared, registered and licensed within the supply capacity of the water source according to plans to regulate and distribute water resources and water resource-related planning; the integrated, multi-purpose, economical and efficient use must be ensured.
6. The management, exploitation and use of water resources must be appropriate to the laws of nature and natural conditions; culture, history, religion, folk beliefs; market mechanism and level of socio - economic development.
7. The prevention of, response to and recovery from damage must be carried out using proactive plans and measures; in a manner that ensures harmonious combination of interests of the country, regions, localities, industries and sectors; in a manner that combines advanced science and technology with traditional experience and suitability for socio - economic conditions.
8. The national sector planning, technical and specialized planning must cover the exploitation and use of water resources; surface water quality management plans; socio - economic development, national defense and security plans, programs and projects must be associated with the capacity and functions of water sources, protection of water resources and maintenance of minimum flow, ensuring that the groundwater exploitation threshold is not exceeded and the water resource planning is conformed to.
9. Every agency, organization or individual has the right and obligation to protect, restore, develop, exploit and use water resources, prevent, respond to and recover damage caused by water.
Article 4. State policies on water resources
1. Modernize and professionalize the management of water resources in the direction of managing national water resources on the digital platform through the national water resources information system and database, and system of decision support tools, ensuring the efficient use of resources for water resources management.
2. Prioritize the investment in the prospecting, exploration and exploitation of water sources, water retention and restoration of deteriorated, depleted or polluted water sources; offer incentives for water exploitation projects aiming to supply domestic and production water to inhabitants in areas facing fresh water scarcity, ethnic minority areas, mountainous areas, border areas, on islands, disadvantaged areas, extremely disadvantaged areas; enable the poor, women, children, persons with disabilities and other vulnerable persons to have access to domestic water.
3. Prioritize the investment in creation of water resources monitoring and surveillance network, national water resources information system and database, and enhancement of the capacity for forecasting water resources, floods, inundations, droughts, saltwater intrusion, sea level rise and other damage caused by water.
4. Encourage, incentivize, and assist organizations and individuals to participate in conducting baseline survey of water resources; protect and develop water sources and water generation sources; store water and restore deteriorated, depleted, and polluted water sources; regulate and distribute water resources; prevent, respond to and recover damage caused by water.
5. Encourage organizations and individuals to develop and apply standards, research, transfer and apply advanced science and technology to manage, protect, restore and develop water resources; exploit and use water in an economical and effective manner, use water in a circular manner, reuse water; convert seawater into fresh water; collect and use rainwater, artificially recharge groundwater; restore deteriorated, depleted and polluted water sources; prevent, respond to and recover damage caused by water.
6. Expand and strengthen international integration and cooperation in water resources.
Article 5. Lists of river basins, lists of water sources
1. Lists of river basins and lists of water sources shall serve as a basis for the river basin- and water source-based management, baseline survey, planning, protection, regulation, distribution, restoration, development, exploitation and use of water resources; river basin-based and water source-based prevention of, response to and recovery from damage caused by water.
2. Lists of river basins include:
a) List of transboundary river basins;
b) List of inter-provincial river basins;
c) List of intra-provincial river basins.
3. Lists of water sources include:
a) List of transboundary surface water sources, list of inter-provincial surface water sources, list of intra-provincial surface water sources;
b) Lists of groundwater sources.
Article 6. Development of science and technology in management, protection, regulation, distribution, restoration, development, exploitation and use of water resources, prevention of, response to and recovery from damage caused by water
1. Scientific research, and technology application and development shall be intended for:
a) Conducting baselines survey of water resources; carrying out water resource accounting; developing a set of national water security indicators;
b) Carrying out water source monitoring, surveillance and forecasting;
c) Regulating and distributing water resources on the digital platform; developing a system of decision support tools, and procedures for real-time operation of reservoirs and inter-reservoirs;
d) Measures to respond to, prevent and control droughts, water scarcity, floods, inundations, saltwater intrusion, land subsidence, river and lake channel, bank and terrace erosion; applying advanced technologies for converting seawater into fresh water;
dd) Solution for artificial recharge of groundwater;
e) Using water in a circular manner, reusing water, improving the efficiency in use of water for production, business operation and service provision;
g) Treating wastewater, improving and restoring deteriorated, depleted, and polluted water sources; solutions for developing water resources, protecting water generation sources;
h) Operating and regulating reservoirs, exploiting and using water resources in a reasonable manner; control water sources, create sources, store water and build water connection and transfer networks;
i) Developing water conservation equipment and technologies; improving, renewing and upgrading water-consuming equipment.
2. Ministries, ministerial agencies and provincial People’s Committees shall, within their jurisdiction, design and execute scientific research and technology development programs to service the management, protection, regulation, distribution, restoration, development, exploitation and use of water resources, prevention of, response to and recovery from damage caused by water.
3. According to the requirements for management, protection, regulation, distribution, restoration, development, exploitation and use of water resources, prevention of, response to and recovery from damage caused by water from time to time, and proposals of Ministries, ministerial agencies, provincial People's Committees and Ministry of Science and Technology shall preside over and cooperate with the Ministry of Natural Resources and Environment in designing a national water resources science and technology program in accordance with regulations of law on science and technology and other relevant regulations of law.
Article 7. National water resources information system and database
1. Information and data on water resources include:
a) Quantity and quality of water;
b) Figures on exploitation and use of water resources and discharge of wastewater into water sources;
c) Data on inventorying, survey and assessment of water resources, water resource-related planning;
d) Information and figures on declaration, registration and licensing of exploration, exploitation and use of water resources;
dd) List of river basins; list of water sources; list of lakes, ponds and lagoons prohibited from reclamation; water source protection corridors; water source functions; minimum flow; groundwater exploitation threshold; river and stream cross section; zoning map for drought and water scarcity risks; list and zoning map of areas prohibited and restricted from groundwater exploitation and other information on water resources;
e) Information and figures on water resource monitoring prescribed in Article 51 of this Law and figures on hydrometeorological monitoring and water environment quality.
2. The State allocates its budget for investment in creation, management, operation and maintenance of the national water resources information system and database.
3. The national water resources information system and database shall satisfy the following requirements:
a) Integrate, connect, exchange, and share water resources data with databases related to baseline survey, exploitation, and use of water resources by agencies, organizations and individuals; ensure information security and safety;
b) Facilitate the provision of public services concerning water resources; access to and use of information and data and updating of information on the national water resources information system and database under regulations of law.
4. Organizations and individuals are encouraged to sponsor, assist in and apply new technologies for building, managing, operating and maintaining the national water resources information system and database.
5. The Ministry of Natural Resources and Environment shall organize the creation, management, operation and maintenance of the national water resources information system and database; update the information and data on water resources specified in clause 1 of this Article under its management on the national water resources information system and database
6. Ministries and ministerial agencies shall direct the connection and exchange of data on water resources specified in clause 1 of this Article under its management with the national water resources information system and database.
7. Provincial People’s Committees shall direct the provision and updating of information and data on water resources specified in clause 1 of this Article under its management on the national water resources information system and database.
8. Organizations and individuals are encouraged to share and update information and data on water resources which they have on the national water resources information system and database and they shall be given priority upon exploitation and use of information and data on national water resources information system and database.
9. The Government shall elaborate this Article.
Article 8. Prohibited acts
1. Dumping wastes and garbage, dumping or leaking hazardous substances or discharging hazardous emissions into water sources.
2. Discharging wastewater into groundwater sources; discharging wastewater that has yet to be treated in accordance with environmental technical regulation on wastewater into surface water sources and seawater.
3. Discharging wastewater and introducing wastes into domestic water safeguard zones.
4. Illegally exploring, exploiting and using water resources, practicing groundwater drilling.
5. Encroaching on rivers, streams, canals or ditches or carrying out river, stream, ditch or channel reclamation, unless otherwise prescribed by law; placing obstructions or obstacles, building architectures or planting trees, thus hindering flood drainage and water flow of rivers, streams, reservoirs, canals or ditches but taking no remedial measures.
6. Illegally exploiting sand, gravel, sludge, soil and other types of minerals in rivers, streams, canals, ditches or lakes within water source protection corridors; carrying out drilling or digging operations, building houses, architectural objects or conducting within water source protection corridors, thereby resulting in river, stream, canal, ditch or lake bank erosion.
7. Destroying facilities intended for protection, regulation or storage of water, exploitation, use, monitoring and surveillance of water resources, facilities intended prevention of, response to and recovery from damage caused by water.
8. Falsifying information and data on water resources.
9. Failure to comply with procedures for operating reservoirs and inter-reservoirs promulgated by competent authorities.
10. Building dams, reservoirs or facilities for water regulation or storage or water source development in contravention of water resource-related planning, provincial planning and other relevant planning.
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