On May 16, 2024, the Ministry of Natural Resources and Environment issued Circular 03/2024/TT-BTNMT detailing the implementation of certain provisions of the 2023 Water Resources Law ("Circular 03"), replacing the following circulars:
- Circular No. 24/2016/TT-BTNMT dated September 9, 2016, on the determination and announcement of sanitary protection zones for water intake areas;
- Circular No. 31/2018/TT-BTNMT dated December 26, 2018, on the content and report forms for water resources;
- Circular No. 64/2017/TT-BTNMT dated December 22, 2017, on the determination of minimum flow in rivers, streams, and downstream reservoirs, and dams;
- Circular No. 75/2017/TT-BTNMT dated December 29, 2017, on the protection of groundwater in drilling, digging, exploration, and groundwater extraction activities;
- Circular No. 27/2014/TT-BTNMT dated May 30, 2014, on the registration of groundwater extraction and the form of dossiers for the issuance, renewal, adjustment, and re-issuance of water resource licenses;
- Circular No. 40/2014/TT-BTNMT dated July 11, 2014, on the practice of groundwater drilling;
- Circular No. 56/2014/TT-BTNMT dated September 24, 2014, on the capacity requirements for organizations and individuals conducting basic water resource investigations, consulting on water resource planning, and preparing proposals and reports for water resource license applications.
The Law on Water Resources 2023 introduces new regulations on the functional zoning of water sources and the artificial recharge of groundwater. Accordingly, Circular 03 provides detailed guidance on these aspects of the 2023 Water Resources Law as follows:
1. Requirements for the functional zoning of water sources
a. The functional zoning of water sources must be comprehensively considered for their value and benefits
Circular 03 outlines principles for the functional zoning of water sources, including:
- Ensuring systematic integration within river basins and alignment with provincial administrative boundaries.
- Aligning with the current state of water resource exploitation and use, and with the identified needs for water extraction and use as specified in water resource planning, regional planning, provincial planning, and technical or sectoral plans that involve the use of water resources.
- The functional zoning of water sources must comprehensively consider the value and benefits provided by the water sources, the priority levels for protection, and the convenience in meeting the requirements for water source protection.
- Balancing the benefits in the exploitation and use of water resources, the discharge of wastewater into water sources across different areas and localities, between upstream and downstream regions, and among various water users; ensuring efficient exploitation and use of water resources while maintaining the normal development of aquatic ecosystems.
b. Functional zoning results must be compiled for each segment of rivers, streams, canals, and ditches
Accordingly, Circular 03 requires that the functional zoning results for rivers, streams, canals, and ditches be compiled and listed. Each segment must include the following key details:
The name of the river, stream, canal, or ditch; the name of the river basin.
The length, administrative location, and coordinates of the start and end points of the zoned segment (VN2000 coordinate system, 30-degree projection).
The water source function of the segment of the river, stream, canal, or ditch.
The results of the functional zoning of water sources must be updated into the national water resource information and database system.
In addition to the functional zoning of water sources, other contents of Circular 03 remain largely consistent with the corresponding provisions previously stipulated.
2. Artificial Groundwater Recharge to Restore Degraded and Depleted Areas and Aquifers
To enhance effective water use solutions, Circular 03 provides detailed guidance on implementing artificial groundwater recharge. This includes the following scenarios:
- Artificially recharging groundwater to restore degraded and depleted areas and aquifers according to approved groundwater protection plans.
- Artificially recharging groundwater to increase the extraction capacity of groundwater extraction facilities owned by organizations or individuals.
- Conducting scientific research and experimenting with artificial groundwater recharge solutions.
Furthermore, Circular 03 adds specific requirements, such as:
- Artificial groundwater recharge structures must be designed and calculated to match the geological, hydrogeological, topographical characteristics, water quality, and water retention capacity of the aquifer to be recharged.
- The sources of rainwater or surface water used for artificial groundwater recharge must match the quality of the aquifer being recharged and be regularly monitored during the recharge process.
Circular 03 takes effect from July 1, 2024.
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