Chương II Thông tư 03/2024/TT-BTNMT: Phân vùng chức năng nguồn nước mặt; xác định và tổ chức việc công bố vùng bảo hộ vệ sinh khu vực lấy nước sinh hoạt

Chapter II

ZONING SURFACE WATER FUNCTIONS; DETERMINING AND ORGANIZING ANNOUNCEMENT OF DOMESTIC WATER SAFEGUARD ZONES

Section 1. ZONING SURFACE WATER FUNCTIONS

Article 3. Rules for zoning surface water functions

1. Ensure systematicity in the river basin and suitability for provincial administrative boundaries.

2. Be suitable for the status of exploitation and use of water resources and demands for exploitation and use of water determined in water resource-related planning, regional planning, provincial planning and technical and specialized planning containing contents related to the exploitation and use of water resources.

3. Comprehensively consider the value and benefits that water sources bring, the level of protection priority and the facilitation of fulfillment of requirements for water source protection.

4. Harmonize the benefits reaped from the exploitation and use of water resources and discharge of wastewater into water sources among areas, localities, upstream and downstream areas, and entities exploiting and using water; ensure the efficient exploitation and use of water resources, maintain the normal development of aquatic ecosystems.

Article 4. Procedures for zoning river, stream, canal and ditch water functions

River, stream, canal and ditch water function zones shall be determined for each river, stream, canal or ditch segment and there is one or more functions mentioned in clause 4 of this Article. The zoning of river, stream, canal and ditch water functions shall be carried out as follows:

1. Information and data in service of zoning of surface water functions:

a) Status and demands for exploitation and use of water resources for the following purposes: domestic activities; agricultural production; aquaculture; industrial production; business operation and service provision; tourism; hydropower; waterway traffic and other water source-related activities;

b) Status of aquatic ecosystems;

c) Supply capacity of water sources in terms of their quantity and quality;

d) Water source areas with religious, folk belief, cultural and tourism development activities; role and importance of water sources in protection and preservation of religious activities, folk beliefs, cultural values, tourism development, landscape creation, environment and people's livelihoods;

dd) Water source areas playing a significant role in flood storage and drainage;

e) Water source areas for which plans and measures for water source protection, improvement and restoration.

2. Determining locations and areas in service of zoning of surface water functions:

a) Location of tributary and distributary points; provincial administrative boundaries; national borders;

b) Locations of structures for exploitation and use of water resources and discharge of wastewater, hydropower reservoirs, irrigation reservoirs, water regulation works; locations and areas where business and service activities are carried out; areas with waterway traffic activities;

c) Area reserved for structures for water resource exploitation and use and for exploitation and use of water resources determined in water resource-related planning, regional planning, provincial planning and technical and specialized planning containing contents related to the exploitation and use of water resources;

d) Locations and areas with religious, folk belief and cultural structures and activities, historical and cultural sites/monuments, scenic landscapes, wildlife sanctuaries, biodiversity conservation areas, important ecological landscapes, high-biodiversity areas related to river, stream, canal and ditch water;

dd) Flood storage and drainage areas.

3. River, stream, canal and ditch segmentation:

a) Segmenting river, stream, canal and ditch for zoning of water functions;

b) The river, stream, canal and ditch segmentation shall be carried out on the basis of: characteristics of water sources; status of water quality; purposes of using water and water source-related activities; requirements for water source protection, improvement and restoration.

4. The zoning of function of each river, stream, canal or ditch segment shall be carried out as follows:

a) Based on the information and data specified in clause 1 of this Article and locations determined as prescribed in clause 2 of this Article to determine the water source functions specified in clause 1 Article 22 and clause 1 Article 28 of the Law on Natural Resources for each river, stream, canal or ditch segment.

b) Regarding the river, stream, canal or ditch segment where the exploitation and use of water resources do not take place at the time of function zoning or the demands for exploitation and use of water are not specified in water resource-related planning, regional planning, provincial planning and relevant technical and specialized planning containing, it is determined that the water source function is to protect the development of aquatic ecosystems and create landscapes and environment.

Article 5. Determination of lake, pond and lagoon water functions

1. Water functions of a river, pond or lagoon shall be determined for its entire area and it has the water functions specified in clause 1 Article 22 and clause 1 Article 28 of the Law on Water Resources.

2. The information and data serving determination of water source functions specified in clause 1 Article 4 of this Circular shall be relied to determine water source functions for each lake, pond or lagoon.

Article 6. Requirements for results of water source function zoning

1. The results of zoning of river, stream, canal and ditch water functions shall be consolidated and included in a list in which the following information about each river, stream, canal or ditch segment whose water functions have been zoned shall be displayed:

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

b) Length, administrative locations, coordinates of starting and ending points of the river, stream, canal or ditch whose water functions have been zoned (VN2000 coordinate system, projection zone 3⁰);

c) Water functions of the river, stream, canal or ditch segment.

2. The results of zoning of lake, pond and lagoon water functions shall be consolidated and included in a list which primarily contains the following information:

a) Name of the lake, pond or lagoon; coordinates representing the location of the lake, pond or lagoon (VN2000 coordinate system, projection zone 3⁰), administrative location; name of the organization or individual managing and operating it (if any). For a hydropower or irrigation reservoir on a river or stream, specify name of the river or stream;

b) Area of the water surface of the lake, pond or lagoon whose water functions have been determined;

c) Water functions of the lake, pond or lagoon.

3. Results of water source zoning shall be updated on the national water resource information and database system.

Article 7. Organizing zoning of water source functions, approval and announcement of water source functions

1. Where the zoning of surface water functions is covered by the comprehensive inter-provincial river basin planning or provincial planning, the approval or announcement of water source functions shall be part of the procedures for approving and announcing planning.

2. Where the Ministry of Natural Resources and Environment or provincial People’s Committee determines and announces surface water functions as prescribed in clause 5 Article 22 of the Law on Natural Resources, the zoning, approval and announcement of water source functions shall be carried out as follows:

a) The Ministry of Natural Resources and Environment shall direct the Department of Water Resources Management to cooperate with the Department of Natural Resources and Environment and relevant agencies in determining and zoning functions of inter-provincial and transboundary surface water and collecting comments on the results of zoning of water source functions from the Ministry of Industry and Trade, Ministry of Agriculture and Rural Development, Ministry of Transport, Ministry of Construction, Ministry of Culture, Sports and Tourism, provincial People’s Committee, river basin organization (if any) and related agencies and units.

On the basis of those comments, the Department of Water Resources Management shall consolidate, receive and respond to them, complete and submit the application to the Minister of Natural Resources and Environment for consideration and approval;

b) The provincial People’s Committee shall direct the Department of Natural Resources and Environment to organize the determination and zoning of functions of intra-provincial surface water and collect comments on the results of zoning of water source functions from the Department of Industry and Trade, Department of Agriculture and Rural Development, Department of Transport, Department of Construction, Department of Tourism, Sports and Tourism, district-level People’s Committee and related agencies and units.

On the basis of those comments, the Department of Natural Resources and Environment shall consolidate, receive and respond to them, complete and submit the application to the provincial People’s Committee for consideration and approval;

c) Within 14 days from the date of approving the zoning of water source functions, the Ministry of Natural Resources and Environment or provincial People’s Committee shall, within their power, announce and post the decision to approve zoning of water source functions on the web portal of the Ministry of Natural Resources and Environment or provincial People’s Committee.

Section 2. DETERMINING AND ORGANIZING ANNOUNCEMENT OF DOMESTIC WATER SAFEGUARD ZONES

Article 8. Rules for determining domestic water safeguard zones

1. Ensure the prevention and minimization of adverse impacts on water quality of structures for exploitation of water for supply of water for domestic use and other water functions.

2. Be suitable for topographic, geological and hydrogeological conditions, flow regime, water source characteristics, exploitation scale, construction layout and other characteristics related to protection of domestic water quality.

3. Be suitable for current use of land and socio-economic development activities in areas where structures for exploitation of water for supply of water for domestic use are available.

Article 9. Cases where the determination and announcement of domestic water safeguard zones are required

For structures for exploitation of water for supply of water for domestic use or supply of water for multiple purposes, including supply of water for domestic use (hereinafter referred to as “structures for exploitation of water for supply of water for domestic use”) of business, production and service establishments, it is required to determine and announce domestic water safeguard zones. Those structures include:

1. Surface water exploitation structures with a capacity of over 100 m³/24 hours.

2. Groundwater exploitation structures with a capacity of over 10 m³/24 hours.

Article 10. Perimeters of domestic water safeguard zones for surface water exploitation structures

1. The perimeter of the domestic water safeguard zone for a surface water exploitation structure along a river, stream, canal or ditch for supply of water for domestic use is upstream or downstream area from the water exploitation location of the structure (including the perimeter of protection corridor of river, stream, canal or ditch water that is being exploited). To be specific:

a) Where the water exploitation structure has a capacity exceeding 100 m³/24 hours but not exceeding 50,000 m³/24 hours, the perimeter of the domestic water safeguard zone shall be at least 1,000 m upstream and 100 m downstream, regarding mountainous areas; at least 800 m upstream and 200 m downstream, regarding delta and midland areas;

b) Where the water exploitation structure has a capacity of at least 50,000 m³/24 hours, the perimeter of the domestic water safeguard zone shall be at least 1,500 m upstream and 100 m downstream, regarding mountainous areas; at least 1,000 m upstream and 200 m downstream, regarding delta and midland areas.

2. The perimeter of the domestic water safeguard zone for a structure for exploitation of water from a reservoir or roller dam for supply of water for domestic use is the distance from surface water exploitation. To be specific:

a) The perimeter shall be at least 1,500m, regarding the reservoir or roller dam water exploitation structure along a river or stream and not transcend the perimeter of the reservoir or roller dam water safety perimeter;

b) The perimeter shall include entire reservoir foundation in case the reservoir water exploitation structure is different from the one specified in point a of this clause.

Article 11. Perimeters of domestic water safeguard zones for groundwater exploitation structures

1. Regarding the structure for exploitation of groundwater in a confined aquifer, the domestic water safeguard zone shall be determined for each exploitation well and be at least 3 m from the mouth of the well.

2. Regarding the structure for exploitation of groundwater in an unconfined aquifer, the domestic water safeguard zone shall be determined for each exploitation well and be at least 20 m from the mouth of the well.

Article 12. Determination, approval and announcement of domestic water safeguard zones

1. In the course of preparing an application for issuance of the water resource exploitation permit, the organization or individual investing in, managing or operating the structure for exploitation of water for supply of water for domestic use shall rely on the regulations set out in Articles 10 and 11 of this Circular to propose specific perimeter of the domestic water safeguard zone for the water exploitation structure in such application.

2. Where the domestic water safeguard zone is located in one province:

a) On the basis of the proposed perimeter of the domestic water safeguard zone specified in clause 1 of this Article and current use of land, the Department of Natural Resources and Environment of the province where the structure exists shall organize the determination of the domestic water safeguard zone for the structure;

b) Within 42 days from the date of receiving the water resource exploitation permit, the Department of Natural Resources and Environment shall request the provincial People’s Committee to grant approval for the domestic water safeguard zone for the structure.

3. Where the domestic water safeguard zone is located in at least two provinces or central-affiliated cities:

a) On the basis of the proposed perimeter of the domestic water safeguard zone specified in clause 1 of this Article and current use of land, the Department of Natural Resources and Environment of the province where the structure exists shall preside over and cooperate with Departments of Natural Resources and Environment of related provinces in reaching agreement on the domestic water safeguard zone for the structure;

b) Within 42 days from the date of receiving the water resource exploitation permit, the Department of Natural Resources and Environment of the province where the water exploitation structure exists shall submit a plan for perimeter of the domestic water safeguard zone agreed upon as prescribed in point a of this clause to the Department of Water Resources Management for consideration and submission thereof to the Ministry of Natural Resources and Environment for approval.

4. The decision to approve domestic water safeguard zone includes the following main contents: name of the exploitation structure; water source exploited; scale of the exploitation structure; exploitation location; perimeter of the domestic water safeguard zone for the exploitation structure.

5. Within 42 days from the date on which the decision to approve domestic water safeguard zone is obtained, the related provincial People’s Committees shall direct the Department of Natural Resources and Environment to organize the announcement thereof on mass media, local websites and send it to related district-level People’s Committees to organize the determination of the perimeter of the domestic water safeguard zone on site.

Article 13. Organizing determination of perimeters of domestic water safeguard zones on site

1. Where the domestic water safeguard zone is located in one province:

Within 42 days from the date on which the decision to approve domestic water safeguard zone is obtained, the district-level People’s Committees shall send a notification of the plan to determine perimeter of domestic water safeguard zone on site to the People's Committee of the commune within the perimeter of the domestic water safeguard zone and to the organization or individual investing in, managing or operating the water exploitation structure for cooperation in determining the perimeter and location where the domestic water safeguard zone sign is put up on site.

After completing the determination of perimeter of domestic water safeguard zones on site, the district-level People’s Committee shall send a notification of the completion result to the Department of Natural Resources and Environment.

2. Where the domestic water safeguard zone is located in at least two provinces or central-affiliated cities, the determination of perimeter of domestic water safeguard zone on site shall be carried out in each province or city as prescribed in clause 1 of this Article.

After completing the determination of perimeter of domestic water safeguard zone on site, the district-level People’s Committee shall send a notification of the completion result to the Department of Natural Resources and Environment and the Department of Water Resources Management.

Article 14. Responsibilities of agencies, organizations and individuals related to domestic water safeguard zones

1. Organizations, individuals and households conducting production and business activities and providing services within domestic water safeguard zones must comply with regulations on water source protection corridors, protection of surface water resources and groundwater resources in accordance with regulations of law on water resources, law on environmental protection and other relevant regulations of law.

2. Organizations and individuals investing in, managing, and operating water exploitation structures shall install and put up signs, and protect signs indicating domestic water safeguard zones for their structures; protect the water sources which they are directly exploiting and using; monitor and supervise activities domestic water safeguard zones for the structures.

Any act of polluting or risk of causing pollution, resulting in failure to assure the safety during water exploitation by the structure and any other act of violating the law on water resources within the domestic water safeguard zone shall, upon being discovered, be promptly prevented and immediately reported to the nearest local authority for handling.

3. Provincial People's Committees shall direct district-level People's Committees and communal People's Committees to perform the following tasks: determine perimeters of domestic water safeguard zones on site; inspect, audit and supervise activities within domestic water safeguard zones for water exploitation structures in their districts and communes; receive information and resolve the issues that arise in relation to domestic water safeguard zones for water exploitation structures in their districts and communes within their power.