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Groundwater regulation

The Mekong Delta serves as Vietnam’s strategic agricultural hub; however, it is currently confronting several critical challenges regarding its water resources, including intensifying saltwater intrusion, land subsidence resulting from excessive groundwater extraction, and the broader impacts of climate change. On the river islands (cồn, cù lao)—emergent landmasses such as Cu Lao Dung (Soc Trang), Con Phung, Con Thoi Son (Ben Tre), and Cu Lao Gieng (An Giang)—the issue of freshwater access has become increasingly urgent due to their unique geographical characteristics. Surrounded by water and highly susceptible to tidal fluctuations and salinity, residents in these areas rely heavily on groundwater for both domestic consumption and agricultural production. Consequently, the promulgation of regulations, strategic plans, and incentive mechanisms to promote sustainable groundwater management and extraction is of paramount importance.

State Regulatory Framework

The Law on Water Resources 2023 (effective from July 1, 2024, replacing the 2012 Law on Water Resources) serves as the supreme legal instrument governing the exploitation, use, and protection of water resources, including groundwater. The Law explicitly mandates that organizations and individuals extracting groundwater must obtain a license when the extraction volume exceeds specified thresholds. Furthermore, they are required to fulfill obligations regarding water source protection, monitoring, and periodic reporting. Notably, the new law introduces supplementary provisions on restricting groundwater extraction in areas prone to land subsidence, pollution, or water source depletion.

Decree No. 54/2024/ND-CP, which guides the implementation of the Law on Water Resources, provides detailed regulations on licensing conditions, administrative procedures, and cases requiring the backfilling of unused wells. Additionally, Decree No. 167/2018/ND-CP (previously issued) regarding the restriction of groundwater extraction established restricted and prohibited extraction zones, which are of critical importance to the Mekong Delta region.

At the local level, many provinces in the Mekong Delta have promulgated a List of Groundwater Extraction Restriction Zones within their jurisdiction. For instance, provinces such as Ben Tre, Tra Vinh, and Soc Trang—localities characterized by numerous river islands and islets—have announced restricted areas and a roadmap to gradually reduce the number of spontaneous, unlicensed borewells.

Action Plans and Programs

Resolution No. 120/NQ-CP (2017): Focuses on the "Sustainable Development of the Mekong Delta Resilient to Climate Change." It emphasizes shifting from "exploitation" to "sustainable management," encouraging the use of surface water over groundwater and investing in centralized water supply systems for difficult areas like islands and islets.

National Water Resources Planning (2021–2030, Vision to 2050): Aims to reduce groundwater extraction rates in the Mekong Delta, strengthen monitoring networks, and implement artificial groundwater recharge in degraded areas.

National Target Program on Rural Clean Water and Sanitation: Has funded centralized water works on islands to reduce reliance on spontaneous wells. However, implementation remains difficult due to limited infrastructure, high investment costs, and fragmented geography.

Incentive Mechanisms and Community Initiatives

The Government and local authorities have implemented several mechanisms to promote sustainable use:

  • Financial Support: Subsidies for households to backfill unused or substandard wells to prevent cross-contamination between aquifers. Provinces like Ca Mau and Bac Lieu have backfilled thousands of such wells.

  • Encouraging Rainwater Harvesting: Supporting the provision of tanks and containers for residents on islands where freshwater is scarce during the dry season. This is a practical solution suited to the local economy.

  • International Cooperation: Projects with the World Bank (WB), JICA (Japan), and GIZ (Germany) support the Delta in building monitoring systems and piloting community-based water management models.

  • Community Initiatives: On islets like Con Thoi Son, communities have organized water management groups and established conventions for sharing wells during droughts. Community water supply cooperatives in Ben Tre and Vinh Long operate on a self-managed basis with reasonable fee structures.

Challenges and Recommendations

Despite a solid legal framework, enforcement on islands and islets faces hurdles: (1) A vast number of difficult-to-control spontaneous wells; (2) Limited public awareness of the dangers of over-extraction; (3) Incomplete centralized water infrastructure; and (4) Lack of financial resources for monitoring.

To improve efficiency, it is necessary to:

  1. Strengthen communication and education within island communities.

  2. Accelerate investment in centralized water systems connected from the mainland to the islands.

  3. Replicate community-based management models.

  4. Apply technology for automated groundwater monitoring to create a database for timely decision-making.

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