The Water Resources Law 2023 has been approved by the National Assembly and will officially take effect from July 1, 2024. To ensure that the provisions of the 2023 Water Resources Law are quickly implemented in practice, on May 16, 2024, the Government issued No. 53/2024/ND-CP detailing the implementation of a number of articles of the Law. Water Resources (“Decree 53”). Decree 53 replaces regulations in Decrees including:
- Decree No. 112/2008/ND-CP dated October 20, 2008 on management, protection, and integrated exploitation of resources and environment of hydroelectric and irrigation reservoirs;
- Decree No. 120/2008/ND-CP dated December 1, 2008 on river basin management;
- Decree No. 43/2015/ND-CP dated May 6, 2015 on establishment and management of water source protection corridors (“Decree 43”);
- Decree No. 167/2018/ND-CP dated December 26, 2018 of the Government regulating the restriction of underground water exploitation (“Decree 167”).
Within the scope of this article, ATA will update important contents of Decree 53 that affect businesses, especially businesses operating in the water industry.
1. Water resources planning is specialized technical planning
The Water Resources Law 2012 stipulates that Water Resources Planning includes: General water resources planning of the whole country, Water resources planning for inter-provincial river basins, inter-provincial water resources and Water resources planning of provinces and cities. Centrally affiliated - is a type of independent planning in the Vietnamese planning system; This creates the consequence that Water Resources Planning "overlaps" with other types of planning. Accordingly, the Law on Water Resources 2023 and Decree 53 adjust the above issue in the direction that Water Resources Planning only includes two component plans: the Master Plan for the Basic Investigation of Water Resources and the Integrated Basin Plan. interprovincial rivers; At the same time, the Water Resources Law 2023 and Decree 53 also adjust the nature of Water Resources Planning as a type of specialized technical planning to ensure compliance with the provisions of the Law on Planning 2017.
2. The scope of water source protection corridor must be shown on the cadastral map
Basically, the provisions of Decree 53 on the list of water sources for which protection corridors must be established and water source protection corridors must be demarcated inherit similar regulations as Decree 43, Decree 53 only focuses on additional and more detailed regulations on the contents of Decree 43. However, Decree 53 adjusts a notable content compared to Decree 43: the boundary markers of water source protection corridors must be on the map. cadastral for areas that already have cadastral maps (ie must show details of land plots and related geographical objects according to commune-level administrative units); In case there is no cadastral map, the scope of water source protection corridor must be shown on the current land use map and included in the land use plan. Decree 43 stipulates that the boundaries of water source protection corridors shown on planning maps and land use plans do not ensure detail and clarity.
3. Additional regulations on zoning areas prohibiting underground water exploitation
Decree 167 stipulates 04 areas where underground water exploitation is restricted and there are no areas where underground water exploitation is prohibited. Decree 53 guides the provisions of the 2023 Water Resources Law in the direction of supplementing regulations on areas prohibited from exploiting underground water and narrowing it down to only 02 restricted areas:
- The area where underground water exploitation is prohibited is delimited to areas where land subsidence has occurred;
- Restricted area 1 includes areas at risk of land subsidence; Areas with underground water sources are at risk of saltwater intrusion.
- Restricted zone 2 includes areas where the groundwater level is continuously decreasing and is at risk of exceeding the groundwater exploitation threshold.
In addition, Decree 53 also stipulates the Principles for delineating prohibited and restricted areas for underground water exploitation and the Principles for applying measures to prohibit and restrict underground water exploitation. For areas where underground water exploitation is prohibited, all underground water exploration activities and new construction of underground water exploitation works will be prohibited (including works that are being exploited with permits according to regulations), including cases of exploiting and using underground water for household activities. Accordingly, Decree 53 aims to maximally protect underground water sources.
4. Regulating the list of projects to transfer water out of the river basin that must receive approval from the Ministry of Natural Resources and Environment
In recent times, projects related to the exploitation, distribution and use of diverse water sources have attracted a lot of attention from investors. Decree 201/2013/ND-CP stipulates that water transfer projects between water sources must organize consultation with representatives of the residential community, relevant organizations and individuals. However, the nature of collecting opinions under Decree 201/2013/ND-CP is merely a "recommendation", not a matter of gaining "approval" from the competent authority. The Law on Water Resources 2023 and Decree 53 enhance the role and responsibility of investors in water transfer activities out of river basins by stipulating a list of water transfer projects that must have approval for the content of the project. Ministry of Natural Resources and Environment on water transfer plans, including: Projects affecting socio-economic development, environment and life of people from 02 provinces, cities or 02 countries Family or more:
- Projects with water transfer activities from dams and reservoirs built on rivers and streams with a design water transfer volume of 30 m³/s or more;
- Projects with types of works other than dams or reservoirs that transfer water from rivers and streams that are not in the tidal zone with a design water transfer volume of 30 m³/s or more; from 10 m³/sec to less than 30 m³/sec but exceeding 40% of the average dry season flow at the water transfer location;
- The project involves digging rivers, canals, ditches, canals, and water diversion works to transfer water with a design water transfer volume of 30 m³/s or more; from 10 m³/sec to less than 30 m³/sec but exceeding 40% of the average dry season flow at the water transfer location.
For projects with water transfer activities that are in the process of appraisal and approval of investment policies for projects implemented in accordance with the law on investment or appraisal of investment decisions for projects implemented in accordance with the law on public investment before July 1, 2024, Decree 53 allows continued implementation.
5. Water resource accounting is a measure of water resource use efficiency
In order to strengthen the State's management of water resources, thereby having a plan to effectively exploit and use water resources, Decree 53 provides detailed guidance on the provisions of the Law on Water Resources 2023 on resource accounting. water. Accordingly, water resources accounting is carried out at the national level and inter-provincial river basins are on the list of subject to general planning for inter-provincial river basins.
The results of water resources accounting are shown through indicators including:
- Total surface water and underground water reserves.
- Total amount of water exploited, used and discharged into water sources.
- Actual water use for daily life and for each economic sector.
- The amount of pollutants discharged into water sources is divided by economic sectors.
- Water use efficiency by economic sector, by accounting scope, and locality (VND/m³); Water use efficiency increases between accounting periods (VND/m³).
- Contribution value of water resources to socio-economic development according to accounting scope and locality (m³/VND); added value of water resources between accounting periods (m³/VND).
Accordingly, the results of water resources accounting are published periodically every 5 years in the National Water Resources Report. This result will be one of the bases to implement and improve efficiency in regulating and distributing water resources; develop planning on water resources and planning and plans related to exploitation and use of water resources and state management of water resources.
The Decree clearly stipulates the roadmap for developing, guiding and implementing water resources accounting. Accordingly, by 2035, the accounting and publication of water resources accounting results for inter-provincial and national river basins will have to be implemented according to accounting periods.
Decree 53 takes effect from July 1, 2024./.
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