Quyết định 15/2008/QD-BTNMT

DECISION

PROMULGATING THE REGULATION ON PROTECTION OF GROUNDWATER RESOURCES

MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

Pursuant to the Law on water resource dated May 20, 1998;

Pursuant to the Decree No.25/2008/ND-CP dated March 04, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of Director of the Water Resource Management Department and Director General of Department of Legal Affairs,

DECIDES

Article 1. Issue together with this Decision the Regulation on Protection of groundwater resources.

Article 2. This Decision takes effect 15 (fifteen) days after its publication in the Official Gazette.

Article 3. Chairmen of the People's Committees of provinces and cities directly under the Central Government, Director of Department of Water Resources Management, General Director of Legal Affairs Department, Directors of the Departments of Natural Resources and Environment, Heads of units of the Ministry and the concerned organizations and individuals are responsible for the implementation of this Decision./.

THE REGULATION

ON PROTECTION OF GROUNDWATER RESOURCES
(Issuing together with Decision No.15/2008/QD-BTNMT dated December 31, 2008 of Minister of Natural Resources and Environment)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of governing

This provision defines restricted area, the restricted area of new construction of the exploitation work of groundwater; protection of groundwater in the operations of drilling, digging, field testing, groundwater exploitation, construction, minerals and other activities related to groundwater sources.

Article 2. Subjects of application

This provision shall apply to the State management agencies, domestic organizations and individuals in the households and foreign organizations, or individuals operating on the territory of the Socialist Republic of Vietnam (after referred to as organizations and individuals) whose activities are related to groundwater sources.

Article 3. Interpretation of terms

In this Regulation, the following terms shall be construed as follows:

1. Activity of groundwater protection means the activity of prevention and limit of the adverse impacts on the quantity and quality, keeping the groundwater sources not being degraded, polluted and depleted; restoration, improvement of groundwater sources to be contaminated, degraded, and depleted; and exploitation, rational use and saving of groundwater sources.

2. Pollution of groundwater sources mean the changes of groundwater quality in the composition of physics, chemistry, biology, making the water sources unsuitable to Vietnam standards or foreign standards is permitted to apply by the State of Vietnam.

3. Degradation and depletion of groundwater sources means the decline in quantity and quality of groundwater sources compared with its natural state or with the state that it is observed in the previous periods.

4. Groundwater observation means the process of measuring and monitoring a systematic manner of water level, flow and quality criteria of groundwater sources to provide information for assessing the status and happening of quantity, quality and other impacts to groundwater sources.

Article 4. Principles of groundwater protection

1. Protection of groundwater must be associated with reasonable and effective exploitation and use of groundwater resources; associated with the activity of surface water resource protection, environmental protection, forest protection and other related natural resources protection; activities of the groundwater protection in each locality must be associated with groundwater protection of the adjoining locality and in accordance with natural characteristics, level of social - economic development of each region in each period.

2. Protection of groundwater must be done right from the formulation of development plans and in the research process, establishment of investment projects related to the exploitation and use of groundwater sources or activities affecting the quantity and quality of groundwater sources.

3. Protection of groundwater sources must be taken measure of prevention as a principle, combined with the recovery, restriction of pollution, degradation, and depletion of groundwater for important aquifer and in the sensitive areas; focus on protection of groundwater in urban areas, industrial zones, industrial clusters, craft villages and focus residential areas.

4. Protection of groundwater is the rights, obligations and responsibilities of state agencies and all organizations and individuals. Organizations and individuals that cause pollution, degradation, and depletion of groundwater sources must take remedial obligations, pay compensation of damages caused by them, and take responsibility as prescribed by law.

Article 5. Prohibited Acts

1. Exploration, exploitation, and use of underground water resources, underground water drilling practice contrary to the provisions of the law on water resources.

2. Burying of waste in boreholes, drilled wells, dug wells or other works of collecting groundwater.

3. Discharge of wastewater untreated for obtaining environmental technical standards, regulations on the ground surface, down the permeability well, permeability ponds, permeability lakes, permeability trench and not in compliance with the prescribed places.

4. Discharge of wastewater and burial of toxic substance, radioactive materials, and dead animals got epidemic diseases and other hazardous waste into the aquifer or into the ground in contravention of regulations, standards and technical regulations on environmental protection.

5. Destruction of groundwater sources; cover of groundwater destruction, obstruction of the operation of groundwater protection and distorting information leading to serious consequences for the quantity and quality of groundwater sources.

6. Failure to fill the wells in accordance with the law regulations.

7. The other prohibited acts under the provisions of law.

Chapter II

PROHIBITED AREA, RESTRICTED AREA OF NEW CONSTRUCTION OF WORKS OF GROUNDWATER EXPLOITATION

Article 6. The prohibited area of new construction of works of groundwater exploitation

1. The prohibited area of new construction of works mining groundwater, of flow increase of the existing works mining groundwater (hereinafter referred to as the prohibited area of ​​exploitation) is the area of one of the following cases:

a) The area with groundwater level is lowered beyond the permitted limit;

b) The area with total amount of groundwater is exploited exceeding the reserves that can be exploited;

c) The area within distance of unsafe environment for concentrated waste landfills, waste burial sites, cemeteries and other hazardous waste sources;

d) The area that land is subsided, which works is deformed, intruded saltwater, polluted water source seriously caused by exploitation of groundwater;

đ) The area prohibited to exploit decided on by the state competent agencies.

2. Based on the degree of hazard, in addition to the prohibition of new construction of works exploiting groundwater and of flow increase of the existing works of groundwater exploitation, the State competent management agencies may decide on:

a) Reducing the flow of exploitation or the number of the existing exploitation works of groundwater for the cases specified at point a and b, clause 1 of this Article;

b) Prohibiting all exploitation of groundwater or reducing the amount of the existing works, flow of groundwater exploitation for the cases specified at point c and d, clause 1 of this Article.

3. The implementation of the provisions in clause 2 of this Article must have a schedule; ensure not to cause disruption of living and production water supply. Organizations and individuals having exploitation works that are subject to refilling, must perform the filling of well under Decision No.14/2007/QD-BTNMT dated September 04, 2007 promulgating Regulations on the handling and filling of unused wells (hereinafter referred to as Decision No.14).

4. Competent State management agencies prescribed in clause 2 of this Article include:

a) Ministry of Natural Resources and Environment shall decide on the exploitation works of groundwater with flow of 3.000m3/day or more and have been licensed to exploit and use groundwater;

b) People's Committees of provinces and centrally-run cities (hereinafter referred to as provincial-level People's Committees) shall decide on the general cases specified at point a of this clause.

Article 7. Restricted area of new construction of the exploitation works of groundwater

1. Restricted area of new construction of the exploitation works of groundwater (hereinafter referred to as the restricted area of exploitation) is the area adjacent to restricted areas of groundwater exploitation prescribed in clause 1, Article 6 of this Regulation or the area of one of the following cases:

a) The area with groundwater level is declined almost continuously and lowered close to the permitted limit;

b) The area with total amount of groundwater is exploited obtaining close to the reserves that can be exploited;

c) The area that has risk of being land subsidence, saltwater intrusion, pollution increase of water source caused by exploitation of groundwater;

d) The area located in cities and areas densely populated in rural area, industrial zone, cluster, craft villages that had concentrated water supply system and quality of water supply service meets requirements on quality and quantity;

đ) The area which groundwater is contaminated or has signs of pollution but having no solution of processing technology to ensure quality;

e) The area restricted to exploit decided by competent state agencies.

2. In the area restricted to exploit, it may increase flow of exploitation only of the existing works or construct the new groundwater exploitation works for water supply of drinking, living, or supply water for the fields of production and service of water less consumption, with high economic efficiency and must ensure the following conditions:

a) The total amount of groundwater exploited is smaller than reserves can be exploited;

b) It does not increase the risk of subsidence, saltwater intrusion, pollution, degradation and depletion of groundwater sources in the area or it is seriously affected the ability to exploit groundwater of the existing adjacent works of the groundwater exploitation;

c) In accordance with the planning of exploitation, use and protection of water resources which has been approved by competent authorities.

3. The cases specified in points d and đ, clause 1 of this Article, in addition to the provisions of clause 2, it is restricted new construction of the small-scale works to exploit groundwater or wells drilling for water supply within the household. For special cases, it must be approved by the State management agency on local water resources.

Article 8. Bases to identify prohibited areas, restricted areas of groundwater exploitation

Bases to identify prohibited areas, restricted areas of groundwater exploitation include:

1. Natural conditions, the level of economic - social development, needs and practices of water use and planning of economic - social development of each region, each locality and the provisions in Article 6, 7 of this Regulation;

2. Lowering of the seawater level, groundwater level happening of each aquifer in the region; permissible limit of lowering water level; reserves can be exploited in each aquifer and of the whole region;

3. Water quality and change trends of groundwater source quality; unusual incidents on water quality and environment related to the exploitation of groundwater; potential risks that can cause pollution and degradation and depletion of groundwater sources;

4. The number of works, the actual exploitation flow of each work and of the whole region; the density of actual exploitation in the region; plan, schedule to deal with the needs of water use of the organizations and individuals that are living and operating in the region;

5. The hazardous size and extent, scope and nature of waste in the waste sources, the landfill, dead animals; hydrophilic properties of the layers of stony ground in areas of the waste sources and the places where waste is buried; the measures to protect groundwater resources, the environment which have been applied;

6. Status of water supply systems and demand for water use in the region.

Article 9. The order and procedures for determining the prohibited areas, restricted areas of groundwater exploitation

1. Survey, evaluation and determination of the restricted areas, restricted areas for exploitation:

a) Departments of Natural Resources and Environment of provinces and centrally-run cities (hereinafter referred to as the Departments of Natural Resources and Environment) implement the survey, evaluation and determination of the prohibited areas, areas restricted to exploit as prescribed in Article 8 of this Regulation; make lists and zoning maps within each prohibited area, areas restricted to exploit (hereinafter referred to as the zoning map of exploitation) in the area.

b) The contents of the list of prohibited areas, areas restricted to exploit, include:

- List and geographical location, area and administrative scope of each region prohibited or restricted;

- The depth or the aquifer prohibited, restricted mining in each region; the aquifers or the depth scope not  being prohibited, restricted to cases of having many aquifers but it only prohibits, restricts mining in a number of aquifers;

- The main data, bases for determining the prohibit areas, areas restricted to exploit in accordance with provisions in Article 8 of this Regulation;

- List of the existing works of groundwater exploitation, the mining depth, flow, scope of water supply, purposes of water supply, the number of water users in each area banned or restricted in exploitation;

- Plan, schedule of reducing flow, the number of existing works of groundwater exploitation and the plan to resolve sources of living, drinking water for people in the area.

c) Map zoning the exploitation:

Zoning map of groundwater extraction must be made on the map foundation of groundwater resources, showing administrative boundaries, with the rate in accordance with the scale and scope of each locality and present the main information of each region as follows:

- Height, depth of water level of the aquifers;

- Salt – not salted boundary of the aquifers (if any);

- The location, name and boundaries of the range of main pollution sources in the area (if any);

- The boundary of the scope of the prohibited, restricted areas to exploit groundwater;

- The depth limit or the name of aquifers prohibited or restricted exploitation; the aquifers or depth not prohibited or restricted exploitation (if any).

2. Appraisal, approval and publication of prohibited areas, restricted areas for exploitation:

a) Departments of Natural Resources and Environment report to the provincial-level People's Committees of the survey results, lists, maps zoning exploitation of groundwater to appraise and submit to Water Resources Management Department for collecting opinions.

b) Contents of appraisal include:

- Bases of legislation, scientific basis, the practices of the prohibition, restriction to exploit in each region;

- The completeness and accuracy of information, data, figure for use as a basis for determining the prohibited area, restricted area for exploitation;

- The rationality and feasibility of the plans, the proposed road;

- The effect of prohibition, restriction of exploitation for water supply of living, production in the region.

c) The time limit for appraisal shall not exceed 45 (forty five) working days after receiving complete and valid dossiers;

d) Based on appraisal results and comments of the Department of Water Resources Management, Department of Natural Resources and Environment complete list and zoning map of groundwater extraction (if required), submit to the provincial-level People's Committee for approval;

đ) Within a period of not exceeding 5 (five) working days from the date of approval, the Department of Natural Resources and Environment shall send written approval to the Department of Water Resources Management and announce the list, the zoning map of groundwater extraction on the mass media locally, notify the district-level Office of Natural Resources and Environment and commune-level People's Committee where the restricted area, restricted area of groundwater extraction which has been approved locate.

3. Adjustment of the prohibited areas, restricted areas for exploitation:

a) The prohibited areas, restricted areas for exploitation are reviewed and adjusted every 5 (five) years or as one of the following cases:

- There are big changes on the bases for determining the prohibited areas, restricted areas to exploit according to the provisions of Article 8 of this Regulation;

- There is a proposal of adjustment of concerned district-level people's committee or a majority of organizations and individuals in the region.

b) Contents of adjusting lists and the zoning map of exploitation must be based on the results of the analysis and evaluation of the factors, bases for determining the prohibited areas, restricted areas of exploitation affecting the adjustment and ensure the inheritance;

c) The formulation, appraisal, approval, and publication of content of adjusting list of prohibited areas, restricted areas of exploitation and zoning map of groundwater exploitation comply with the provisions of clauses 1 and 2 of this Article.

Chapter III

GROUNDWATER SOURCE PROTECTION IN THE OPERATIONS OF DRILLING, DIGGING, TESTING FIELD

Article 10. General requirements for the protection of groundwater sources in the design and construction of boreholes; bore wells

Organizations and individuals to design and construct boreholes, bore wells (hereinafter referred to as bore wells) in the survey, research, exploration, exploitation, observation of groundwater; surveys, studies, exploration of minerals; survey and construction of the foundation, construction of underground works, draining of mine, pit must ensure compliance with concerned standards, technical regulations and ensure requirements on protection of groundwater sources as follows:

1. Erect the temporary casing pipe with a minimum depth of 3m; mouth of the casing pipe must higher than ground surface around it at least 0.2 m and protect, maintain it during the construction process and performance of the tasks in the drilled well;

2. Around the wall of borehole and the temporary casing pipe must be inserted for isolation with natural clay or materials with equivalent infiltration quality. Within radius of minimum 1 meter around the drilled well mouth, it must be reinforced, banked with the natural clay or other waterproof materials to prevent dirty water from ground surface flowing directly into drilled wells or infiltrating into wall of boreholes into the aquifer;

3. Not to use waste water, dirty water, water containing oil, grease, toxic chemicals, additives containing chemicals causing contamination for use as the drilling dissolution or mixed drilling dissolution and sending into the borehole under any forms; not to let fuel, oil leak polluting the environment around the area of drilled wells;

4. Ensure the stability of the soil around the area of drilled wells during the drilling of wells, research, and experiments in the drilled wells or during the use of drilled wells;

5. Where drilled wells with operation time from 2 years or more, it must implement the erection of casing pipe and filling for isolation for the prevention of water from ground surface infiltrating into aquifers or water of the aquifers of different quality flowing through the wall of such drilled wells;

6. In case of causing incidents of fall, subsidence of land, severe dehydration and other unusual incidents, it shall be promptly handled and overcome immediately and notify local authorities and the district-level Office of Natural Resources and Environment where incidents happen;

7. The drilled wells damaged, abandoned during the construction, or not planned for use must be processed, filled under Decision No.14.

Article 11. Specific requirements on protection of groundwater sources in the design and construction of drilled wells for groundwater exploitation

Organizations and individuals to design and construct drilled wells for groundwater exploitation must implement the provisions of Article 10 of this Regulation and the following requirements:

1. The design of drilled wells to exploit groundwater must be made by organizations or individuals licensed groundwater drilling practice or having registration business license, having been decided to establish, in which has contents of design consultancy operation for drilled wells or hydrogeology;

2. The construction of drilled wells to exploit groundwater must be made by organizations or individuals licensed groundwater drilling practice in accordance with the law regulations on water resources;

3. Casing pipe, filter pipe installed for drilled wells of groundwater extraction must be the type used exclusively for drilled wells for groundwater extraction, which indicate clearly codes, standards and manufacturer's name; thickness and the physical-mechanical, and chemical criteria consistent with characteristics of the stratigraphy, depth, diameter, duration of use and chemical erosion characteristics of soil, water at the place to install wells; ensure the stability of drilled wells during the duration of use;

4. Mouth of the well pipe must be installed higher than ground surface or pump floor at least 0.3 m or higher than the annual average flood level for areas prone to floods; the ground within a radius of at least 1.5 m around the drilled well mouth must be banked up, poured concrete or constructed, plastered cement to prevent and avoid dirty water entering the aquifer;

5. It must have the structural design drawings of drilled wells and plans of well construction appraised by the competent agencies together with dossier requesting for license (if it is of the case required to be permitted) or be made prior to the construction, with certification of well owners and organizations and individuals who design well (if it is not of the case required to be permitted). Structural design drawings of drilled wells and plans of well construction must show the following main contents:

a) Stratigraphic column and description of stratigraphy, the allocation depth of each layer of stony ground at the location to drill wells; type, diameter, thickness, depth of each section of casing pipe, filter pipe; size, location to install centralizer of column of the casing pipe (if any);

b) The depth, thickness, type, and size of filter material of each section of installation of filter material;

c) The depth, thickness, filling material of the each section of filling for isolation of the drilled wells;

d) Extraction flow and expected depth of static water level, the largest lotic water; diagrams for exploitation equipment installation and observation equipment of water level, supervision of exploitation flow of the well;

đ) The size of the concrete to protect the drilled well mouth and high level of well mouth;

e) Name of well owner and organization and individual designing well;

g) Indicating clearly the method of constructing layers of filter material, the sections of filling for isolation, and the method of inspection and control.

6. The sections of filling for isolation provided at point c, clause 5 of this Article must meet the following requirements:

a) The depth section of at least 5m from the ground surface must be filled with cement mortar;

b) The next depth section to the roof of the exploited aquifer or to the top of the layer of rock, or to the top of the layer of filter material must be filled with a mixture of cement mortar, cement mortar mixed with natural clay or bentonite;

c) If the borehole diameter of larger than 250mm compared to the largest outside diameter of the casing pipe installed in that section, or drilled well of exploitation with casing pipe diameters of less than 60mm and the depth of wells not more than 30m may use filling material as natural clay under form of tablets with size of not greater than 0.25 times the thickness of filling layer;

d) Where it is the extraction wells and has from two discontinuous aquifers or more, it must be filled the depth section between the aquifers under the provisions of point b of this clause;

đ) The thickness of filling layer is not less than 30mm, if pipe diameter is smaller than 60mm or not less than 50mm for other cases.

7. Materials used for installation of drilled wells must be gathered, stored in a dry place, away from sources of contamination, not carrying hazardous chemicals, bacteria into the wells. Where the use of chemicals to soak, wash drilled wells must be approved by the licensing agency or the Department of Natural Resources and Environment and subject to supervision by the agency of local water resources management;

8. When the construction process ends, it must report results of construction and send to the licensing agency according to regulations (if it is of the case required to be permitted) or as-built drawings certified by organizations and individuals drilled wells to submit to the commune-level People's Committee where the well is located (if it is not of the case required to be permitted). Report of construction results must state clearly the actual results which have been constructed according to the contents prescribed in clause 5 of this Article.

Article 12. Specific requirements on protection of groundwater sources in the design and construction of drilled wells and dug wells

Organizations and individuals to design and construct other drilled wells and dug wells must comply with the provisions in Article 10 of this Regulation and the following requirements:

1. For drilled wells for exploration, drilled wells drained mines, pit and drilled wells of the projects of survey, research and evaluation of groundwater resources:

a) Where drilled wells used as the one for groundwater extraction and long-term observation or drilled wells with a period of use from 2 (two) years or more shall comply with the provisions of Article 11 of this Regulation.

b) Where the drilled wells which are not provided for in point a of this clause, it shall be filled for isolation of the depth section from the well mouth to the roof of the aquifer, to the top of the rock layer or the top of layer of filter material, if the duration of using the wells from 1 (one) year to less than 2 (two) years; or filled for isolation for the minimum depth section of 5 meters, from the ground surface, if the duration of using the wells from 6 (six) months to less than 1 (a) year.

2. For the drilled wells for work geological surveys, of the projects of research, survey, searching, exploration of geology and minerals and other drilled wells:

a) Where the drilled wells with time to use from 2 (two) years or more, then make the filling for isolation in accordance with provisions in clause 6 of Article 11 of this Regulation;

b) Where the drilled wells which are not provided for in point a of this clause, it shall be filled for isolation of the minimum depth section of 5 meters from the ground surface.

3. For dug wells for living water supply:

a) It must put wells in the convenient location for drainage, far from breeding facilities, toilets, garbage pits, and other pollution sources at a distance of not less than 10m.

b) The well wall must be higher than ground surface at least 0.5 m and it must be ensured isolation not letting water from ground surface flow into the well and it must have lids.

Article 13. Requirements to protect groundwater resources in carrying out the experiments in the drilled wells

1. Experiments in the drilled wells must be designed in the schemes or projects, scientific research theme, technical dossier of work construction, approved by the competent authorities; the testing process should be subject to the inspection and supervision of the State management agencies on water resources and the environment.

2. If surrounding land subsidence, cracking of housing, construction works happen; it must be handled and overcome immediately and notified local authorities and the district-level Office of Natural Resources and Environment where incidents happen.

3. Chemicals, radioactive substances used in the experiments must be on the list allowed to use of competent state agencies and comply with concerned regulations on safety.

4. Not to discharge waste water, water containing toxic substances into the drilled wells

5. In case of the water pumping experiment, other than those specified in clauses 1, 2, 3 and 4 of this Article, it also complies with the following provisions:

a) Water pumped must be gathered up, leaded away from the drilled well mouth of at least 10 meters, not to cause flooding and affect the surrounding environment;

b) Not to cause excessive lowered water levels and seriously affect the groundwater extraction of the nearby works;

c) Where the amount of silt, sand in the water pumped is abnormal or make the trees die, it must stop to pump, take measure of recovery immediately and notify local authorities and the district-level Office of Natural Resources and Environment where incidents happen.

Chapter IV

GROUNDWATER SOURCE PROTECTION IN THE EXPLOITATION OF GROUNDWATER

Article 14. Protection of groundwater sources in the process of exploitation

During the extraction process of groundwater, the project owner must comply with the following requirements:

1. Taking the initiative to keep sanitation around exploitation wells and taking the measures to prevent; combat pollution of groundwater source via drilled wells for extraction;

2. Identification and protection of sanitary protection areas for each drilled well of extraction under the provisions of Article 15 of this Regulation;

3. Regular monitoring, inspection and supervision of changes in flow, water level, water source quality in the wells of exploitation; implementation of the observation as prescribed in Article 16 and report according to Article 17 of this Regulation for the cases required to be permitted;

4. Detection, treatment and recovery of phenomena, unusual events on water quality, water levels in the wells of exploitation and environmental problems caused by its extraction activities and to timely report to local authorities, the district-level Office of Natural Resources and Environment where the incidents happen and to the licensing agency for the cases have been licensed;

5. Using water economically, efficiently and for the right purpose.

6. Handling, filling of wells filled in accordance with Decision No.14 for the case required to fill wells;

7. Implementation of the provisions of relevant laws.

Article 15. Sanitary protection zone of the exploitation works of groundwater

Project owner of groundwater exploitation must determine the sanitary protection zone of each well, each of exposed point of water extraction (hereinafter referred to as well) as follows:

1. For the exploitation works of the cases not required to request for permission in accordance with the law on water resource of the sanitary protection zone from the well mouth are not less than:

a) 5 m, for urban areas;

b) 10m, for rural residential areas in the plains;

c) 20 m, for the cases not specified at points a and b of this clause.

In this region, it is not located cattle sheds, toilets, waste dumps, warehouses, chemicals dump, and other pollution sources.

2. For exploitation projects which are subject to permission, it must be set up sanitary protection zone including two areas specifically as follows:

a) Zone I is the area around the well, it should be strictly protected, ban all activities generating pollution sources. Boundary and scope of the zone I is not less than 30m from the well mouth;

b) Zone II is the area adjacent to the zone I, it is necessary to restrict the activities arising sources of pollution, destruction of aquifer protective coating layer. Boundary and scope of the zone II are specified by hydro-geological conditions, flow of extraction, and diagram of arranging the water exploitation works and self-protection level of exploitation aquifer.

3. Where the sanitary protection zone of the work of groundwater exploitation has an area not belonging to​​ the lawful land use right of exploitation work owner, it must have a written agreement with the land use owner prior to the construction;

4. The sanitary protection zone of the work of groundwater exploitation specified in clause 2 of this Article shall be determined preliminarily during the course of making documents requesting for permit of groundwater exploration and adjusted, specified as making documents requesting for permit of groundwater exploitation;

5. For the work of groundwater exploitation which is operating but not yet been established the sanitary protection zone and current ground conditions cannot be currently set up sanitary protection zone, it shall not be increased further activities arising pollution sources for the area around ​​exploitation work.

Article 16. Observation of groundwater sources in the exploitation process

1. Project owner of groundwater exploitation of the cases required to permit must install equipment and observe flow, water level, and water quality as prescribed in clause 3 of this Article and make a book for monitoring changes of water source in the course of exploitation.

2. For the work of groundwater exploitation with flow of 3.000m3/day or more, apart from implementing the provisions of clause 1 of this Article, the project owner also must develop observation wells to monitor changes of groundwater source in the area of ​​ exploitation work as follows:

a) For exploitation work with the flow from 3.000m3/day to less than 5.000m3/day, it must be built at least one observation drilled well;

b) For exploitation work with the flow from 5.000m3/day to less than 10.000m3/day, it must be built at least 2 observation drilled wells;

c) For exploitation work with the flow from 10.000m3/ day or more, it must be built at least 3 observation drilled wells;

d) The location, number of observation drilled wells, elements, and regime of observation are determined depending on the size of the exploitation works and geological characteristics, environmental sanitation conditions and the groundwater exploitation current status in each specific area and must be designed in detail in the schemes of groundwater exploitation. Location of the observation wells must be shown on the same layout drawings of arranging the exploitation work.

3. Observation mode:

a) Observation of water levels is made at least 6 (six) days per time for the rainy months and 3 (three) days per time for the dry months; to be made simultaneously all observation drilled wells (if any) and extraction drilled wells at a fixed time;

b) Observation of the flow must be determined the actual exploited water amount of each exploitation wells and the whole work in day (24 hours);

c) Sampling of water quality analysis is done for each extraction well, observation well (if any) at the same fixed time; number of samples, target of analysis and sampling regime is determined for each specific case depending on the purpose of water use, environmental sanitation conditions, groundwater quality and size of groundwater exploitation works, but each well must be taken at least 1 (one) sample in mid-rainy season. The number of analysis samples and target of analysis are presented in the schemes of groundwater exploitation.

4. For the are concentrated many the works of groundwater exploitation, the are lowered largely the water level and the area located in the sensitive area of contamination, the Department of Natural Resources and Environment makes plan and report to the Provincial-level People's Committee for investment in construction of observation network for monitoring changes of groundwater resources in the area. Funding for construction and operation of observation networks is used from the source of environmental, administrative fund or from tax revenues, charges for use of water resources.

Article 17. Report on current status of water source and exploitation, use of water sources in the exploitation works

Project owner of groundwater exploitation to be of the case required to be permitted must report the current status on exploited water resources and exploitation, use of water in their water exploitation work as follows:

1. Contents of the report:

a) The observation data tables on actually measured water level; minimum, maximum water level; average monthly water level and water level difference compared to the same period of the previous year in each well; diagram of water level changes in year.

b) The data tables on average, minimum, maximum exploitation flow of each well, in each month; the total water amount exploited and used by each well, in each month and the whole year; changes chart of exploitation flow in each drilled well for exploitation and the whole work;

c) The data tables of water quality analysis result; changes in water quality compared to the same period of the previous year in each drilled well for exploitation and the whole work;

d) Overall assessment of current status, changes of water level, water quality, and quantity of water extracted during the period of report and recommendations and proposals (if any).

2. Report regime is made once a year, before December 15 of each year. Report is submitted to:

a) Water Resources Management Department and the Department of Natural Resources and Environment where the work of groundwater exploitation locates, for the the work of groundwater exploitation with a flow from 3.000m3/day or more;

b) Department of Natural Resources and Environment where the work of groundwater exploitation locates, for the cases not provided for in point a of this clause.

3. When detecting the unexpected happenings on lowering of water levels, reductions of work flow, concentration increase of the chemical compositions, bacteria in the water or having signs of land subsidence, tilt, split of housing and other unusual phenomena, the owner of the water exploitation work shall promptly report to the management agencies of local water resources and licensing agencies.

Chapter V

GROUNDWATER SOURCE PROTECTION IN CONSTRUCTION ACTIVITIES, MINERALS, AND OTHER ACTIVITIES

Article 18. Protection of groundwater in construction activities

1. The development planning, development of urban areas, industrial zones, economic zones, centralized industrial clusters and craft villages (hereinafter referred to as the centralized construction), in addition to complying with concerned regulations, standards, technical regulations, it must implement the following requirements:

a) Ensure that all arisen wastewater is collected, not absorbed, leaked into the ground, is treated as prescribed before being discharged outside the centralized construction area and connected to the drainage system of waste water of the whole region in accordance with provisions.

b) Where in the centralized construction area, there is a layout of exploitation work of groundwater in place, they must allocate adequate space for setting up sanitary protection zone of the groundwater exploitation work as defined in Article 15 of this Regulation;

c) Not to allocate the production facilities with activities generating toxic substances and hazardous wastes in the area of aquifer, limestone with caves containing water or near the sanitary protection zone of the works exploiting groundwater;

d) If it is unable to obtain the contents specified at point c of this clause, it must assess and forecast the risk causing pollution of groundwater sources, determine the level, the moving time of elements causing pollution to the work of groundwater exploitation or aquifer as the principal exploitation object of the area; and determine safe distances for groundwater sources and make specific method of control, supervision.

2. It uses only materials on the list permitted to use under the provisions of the State; not to use waste water, dirty water, water containing oil and grease, toxic chemicals to mix materials for constructing uncased piles or ejecting solution to reinforce foundation.

3. During the construction process, it must take measures to collect, transport and treat waste water generated from construction activities; not to be discharged waste water on the ground surface, waste water not yet been treated for reaching environmental standards into the ground or not to bury waste water into the aquifer.

Article 19. Protection of groundwater in the mineral activities

Organizations and individuals exploring, exploiting, processing minerals, in addition to the implementation of concerned regulations, standards and technical regulations, it must perform the following requirements:

1. For the cases of taking measures of the mine draining:

a) Assess the impact level of the mine draining for water exploitation and use of the existing water exploitation works in the area; the scope, and level to lower water levels, the environmental affect and measures to limit and overcome;

b) Collect, transport and treat the water from mine draining according to provisions on the waste water. Where the water from mine draining has a quality suitable to other purpose of use, it must have the plan to use for water supply for such purpose.

2. For lakes, reservoirs, or areas storing waste water, ore disposal and other liquid wastes, it must be insulated with layers of waterproof material, to ensure dirty water not absorbing directly into the surrounding stony ground environment and must take measures to collect and treat leaked, absorbed waste water.

Article 20. Protection of groundwater in other activities

1. For burial services: minimize the new construction layout of centralized cemetery in the area of ​​the aquifer, or the layer of clay, mixed clay with a thickness of less than 3m.

2. For activity of landfill, waste disposal:

a) Failing to build newly the landfill of waste, hazardous waste, treat toxic substances in the open area of the aquifers, the area which has many centralized works of groundwater exploitation of large-scale or the clay area, mixed clay with a thickness of less than 5 m;

b) The area of landfills, waste treatment must be isolated completely with the surrounding soil by layers of impermeable material;

c) Arranging the systems of collection, treatment of water infiltration, leaks;

d) Arranging the systems of collection, separate rainwater drainage, not to let rainwater spill into the treatment area and burial area;

đ) Assessing the scope and the impact of the landfill and treatment for the water exploitation, use of existing water exploitation works in the area and measures to resolve; and determining the safe distance on environment for groundwater sources and notifying the people and the local authorities.

3. For aquaculture activities:

a) Restricting the exploitation of quality groundwater meeting the requirements for use as supplies for living, drinking for aquaculture in the regions, the areas of living water scarcity or frequent droughts, lack of water;

b) Encouraging the exploitation of salinity and brackish groundwater for aquaculture in the areas already planned for salinity and brackish aquaculture;

c) For aquaculture of salinity, brackish water in coastal sandy areas, other inlands containing not salted aquifer on top, must be included in the planned areas of salinity and brackish water aquaculture approved by the competent authority and must take measures against infiltration for breeding ponds with waterproof materials, not to let water of breeding ponds absorb into the aquifer;

d) Drugs and chemicals used in aquaculture which have expired; packages of drugs and chemicals used in aquaculture after use; mud and residual food as doing hygiene in the breeding ponds must be collected and treated according to regulations on waste disposal, not to be buried in the aquifers;

4. For agriculture activities:

a) Minimizing the use of chemical fertilizers, plant protection drugs in the open area of the important, major aquifers;

b) Fertilizers, plant protection drugs, veterinary drugs which have expired; tools, packages of fertilizers, plant protection drugs, veterinary drugs after use must be collected, stored, handled according to regulations on hazardous waste treatment, not to be buried in the aquifers;

c) Stool, waste and wastewater from centralized livestock areas must be collected and treated to meet environmental standards or be collected and processed for use as fertilizer, not to spill on land or discharge directly into water sources.

d) Carcasses of animals killed by epidemic disease must be collected and handled according to regulations on hazardous waste management and hygiene for epidemic prevention.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 21. Handling of remainers

1. If the works of groundwater exploitation have established before the effective date of this Regulation, and to be the case required to build observation wells in accordance with provisions in clause 2 of Article 16 of this Regulation but having not yet had observation wells, within 1 (one) year from the effective date of this Decision, the exploitation work owners must complete the construction of observation wells according to regulations.

2. If the works of groundwater exploitation have established before the effective date of this Regulation, and if they are subject to permit but not installed meter of flow, the water level as prescribed in clause 1 of Article 16 of this Regulation, within 6 (six) months from the effective date of this Regulation, it must complete the installation of the meter of flow, the water level in each drilled well for exploitation.

3. Department of Natural Resources and Environment is responsible for reviewing and making statistics and monitoring the implementation of the provisions of clauses 1 and 2 of this Article and synthesizing, reporting the implementation result to Water Resources Management Department not later than 2 (two) months after the expiration date mentioned above.

Article 22. Organization of implementation

1. Director of Department of Water Resources Management, Directors of Departments of Natural Resources and Environment are responsible for urging and inspecting the implementation of this Regulation.

2. In the course of implementation, if any problem arises, the organizations and individuals reflect to the Ministry of Natural Resources and Environment for consideration and settlement./.