Consolidated Document number 02/VBHN-BTNMT detailing certain provisions of the Law on Meteorology and Hydrology

MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT ENVIRONMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 02/VBHN-BTNMT	Hanoi, November 28, 2018

DECREE

DETAILING CERTAIN PROVISIONS OF THE LAW ON METEOROLOGY AND HYDROLOGY

Decree No. 38/2016/NĐ-CP dated May 15, 2016 of the Government detailing certain provisions of the Law on Meteorology and Hydrology, which took effect from July 1, 2016, was amended by:

Decree No. 136/2018/NĐ-CP dated October 5, 2018 of the Government amending certain provisions of decrees related to business conditions in the natural resources and environment sector, which took effect from October 5, 2018.

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Meteorology and Hydrology dated November 23, 2015;

At the proposal of the Minister of Natural Resources and Environment;

The Government promulgates this Decree detailing certain provisions 1. NATIONAL UNIVERSITIES ARE PUBLIC HIGHER EDUCATION INSTITUTIONS MANAGED BY THE MINISTRY OF EDUCATION AND TRAINING, HAVE LEGAL PERSONALITY, SEPARATE ACCOUNTS, AND USE STAMPS WITH THE NATIONAL EMBLEM. of the Law on Meteorology and Hydrology[1].

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details Clause 6 Article 13, Article 15, Article 25, Article 32, and Clause 3 Article 48 of the Law on Meteorology and Hydrology, including:

1. Meteorological and hydrological observation by the owner of the project and the provision of meteorological and hydrological observation information and data.

2. Technical buffer zones for meteorological and hydrological works.

3. Meteorological and hydrological forecasting and warning by organizations and individuals not belonging to the national meteorological and hydrological forecasting and warning system.

4. Exploitation and utilization of meteorological and hydrological information and data.

5. Exchange of meteorological and hydrological information and data, monitoring climate change with international organizations, foreign organizations, and individuals not covered by international treaties to which the Socialist Republic of Vietnam is a party.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals of Vietnam; foreign organizations and individuals; and international organizations participating in meteorological and hydrological activities within the territory of the Socialist Republic of Vietnam.

Chapter II

DETAILED REGULATIONS

Section 1. METEOROLOGICAL AND HYDROLOGICAL OBSERVATION BY THE OWNER OF THE PROJECT AND THE PROVISION OF METEOROLOGICAL AND HYDROLOGICAL OBSERVATION INFORMATION AND DATA

Article 3. Construction projects subject to meteorological and hydrological observation

1. Projects required to conduct meteorological and hydrological observation as stipulated in Clause 3 Article 13 of the Law on Meteorology and Hydrology include:

a) Airports;

b) Reservoirs for irrigation with sluice gates for flood control and hydropower reservoirs with a total capacity of three million cubic meters (3,000,000 m³) or more; reservoirs within the scope regulated by the inter-reservoir operation procedures on river basins;³c) Class I and Class II seaports;

d) Bridges over coastal estuaries, straits, bays, or islands in internal waters with a navigable width of 500 meters or more;

g) National parks.

đ) Radio and television transmission towers that combine sightseeing and business services for customers on the tower;

e) Cable cars serving sightseeing and tourism activities;

2. The Ministry of Natural Resources and Environment shall review every three years and submit to the Government for decision to adjust and supplement types of projects required to conduct meteorological and hydrological observation and provide meteorological and hydrological observation information and data as prescribed in this Decree.

Article 4. Content and location of meteorological and hydrological observation

1. The owner of the project as stipulated in Clause 1 Article 3 of this Decree decides on the content of meteorological and hydrological observation according to the needs of utilizing the project but must ensure minimum requirements for each type of project as follows:

a) Airports:

Civil airports observe according to the regulations of the Ministry of Transport;

Military airports observe according to the regulations of the Ministry of Defense.

b) Reservoirs:

Irrigation reservoirs with sluice gates for flood control observe rainfall at the main dam, water levels upstream and downstream of the main dam; calculate inflow to the reservoir, outflow, and predict the potential increase in reservoir water level based on inflow, four times a day according to Hanoi time at 01:00, 07:00, 13:00, and 19:00 during the flood season, twice a day at 07:00 and 19:00 during the dry season. In flood operation, the observation and calculation frequency is at least once an hour.

Hydropower reservoirs observe rainfall at the main dam, water levels upstream and downstream of the main dam; calculate inflow to the reservoir, outflow, flow through turbines, and predict the potential increase in reservoir water level based on inflow, four times a day according to Hanoi time at 01:00, 07:00, 13:00, and 19:00 during the flood season, twice a day at 07:00 and 19:00 during the dry season. In flood operation, the observation and calculation frequency is at least once an hour.

Reservoirs within the scope regulated by the inter-reservoir operation procedures implement observation according to the regulations of the inter-reservoir operation procedures;

c) Seaports observe wind direction and speed over the port area, sea level, and waves in the port waters, four times a day according to Hanoi time at 01:00, 07:00, 13:00, and 19:00;

d) Bridges over coastal estuaries, straits, bays, or islands in internal waters observe wind direction and speed, four times a day according to Hanoi time at 01:00, 07:00, 13:00, and 19:00;

đ) Radio and television transmission towers that also serve tourism and commercial purposes on the tower observe wind direction and speed at two-thirds of the tower height from the base, three times a day according to Hanoi time at 07:00, 13:00, and 19:00;

g) National parks observe rainfall, air temperature, humidity, wind direction, and speed, four times a day according to Hanoi time at 01:00, 07:00, 13:00, and 19:00.

e) Cable cars serving sightseeing and tourism activities shall observe wind direction and speed at the highest point of the cable line, once every hour during operation time;

2. Based on the characteristics and nature of the project, technical requirements for observation, and the need for information and data usage, the owner of the project as stipulated in Clause 1 Article 3 of this Decree decides on the location of meteorological and hydrological facilities or instruments suitable for installation.

1. The Ministry of Natural Resources and Environment organizes the provision of meteorological and hydrological observation information and data from stations within the national meteorological and hydrological station network to the national meteorological and hydrological forecasting and warning system and the national meteorological and hydrological database.

Article 5. Provision of Meteorological and Hydrological Observation Information and Data

The provision of meteorological and hydrological observation information and data as stipulated in Clause 5, Article 13 of the Law on Meteorology and Hydrology shall be carried out as follows:

2. The owner of the project as stipulated in Clause 1 Article 3 of this Decree organizes the provision of meteorological and hydrological observation information and data to the national meteorological and hydrological forecasting and warning system as follows:

Civil airports: Provide all meteorological and hydrological observation information and data during the observation period to the central meteorological and hydrological forecasting and warning agency. The time of providing information and data is according to Hanoi time:

Civil airports observe according to the regulations of the Ministry of Transport;

At 01:15: Information and data observed from 19:01 the previous day to 01:00;

At 07:15: Information and data observed from 01:01 to 07:00;

At 13:15: Information and data observed from 07:01 to 13:00;

At 19:15: Information and data observed from 13:01 to 19:00;

At 19:15: Information and data from observations from 13:01 to 19:00;

Military airports shall be provided in accordance with the regulations of the Ministry of National Defense.

Irrigation reservoirs with sluice gates for flood control observe rainfall at the main dam, water levels upstream and downstream of the main dam; calculate inflow to the reservoir, outflow, and predict the potential increase in reservoir water level based on inflow, four times a day according to Hanoi time at 01:00, 07:00, 13:00, and 19:00 during the flood season, twice a day at 07:00 and 19:00 during the dry season. In flood operation, the observation and calculation frequency is at least once an hour.

Within no more than thirty minutes from the end time specified in point b, Clause 1, Article 4 of this Decree, reservoirs with flood control gates and hydropower reservoirs with a total capacity of one hundred million cubic meters (100,000,000 m³) or more shall provide all meteorological and hydrological observation information and data to the central-level and provincial-level meteorological and hydrological forecasting and warning agencies, and the provincial-level state management agencies for natural resources and environment where the main dam is located.³Reservoirs with flood control gates and hydropower reservoirs with a total capacity of three million cubic meters (3,000,000 m³) up to less than one hundred million cubic meters (100,000,000 m³) shall provide all meteorological and hydrological observation information and data to the meteorological and hydrological forecasting and warning agencies within their jurisdiction, and the provincial-level state management agencies for natural resources and environment where the main dam is located.³) less than one hundred million cubic meters (100,000,000 m³);³) provide all information and data from meteorological and hydrological observations to the forecasting and warning agencies for meteorology and hydrology within the area, and the provincial-level state management bodies for natural resources and environment where the main dam is located.

Reservoirs within the scope regulated by the inter-reservoir operation procedure shall comply with the provisions of such procedure.

c) Other works shall provide all meteorological and hydrological observation information and data directly to the meteorological and hydrological forecasting and warning agencies within their jurisdiction, and the provincial-level state management agencies for natural resources and environment within no more than thirty minutes after the end of observation.

3. The owners of dedicated meteorological and hydrological works not covered by Clause 1, Article 3 of this Decree shall provide all observed meteorological and hydrological information and data to the national meteorological and hydrological database once a year in accordance with the provisions of this Decree.

4. The provision of meteorological and hydrological observation information and data shall be carried out in the following manner:

a) Written documents, carriers of information;

b) Specialized communication means;

c) Internet;

d) Public information networks;

d) Directly through telephone.

5. The owners of the works specified in Clause 1, Article 3 of this Decree, other organizations and individuals managing dedicated meteorological and hydrological stations shall cooperate and coordinate with the national meteorological and hydrological forecasting and warning system and the agency managing the national meteorological and hydrological database to promptly and continuously provide meteorological and hydrological observation information and data.

6. The national meteorological and hydrological forecasting and warning system and the agency managing the national meteorological and hydrological database shall provide addresses, frequencies, electronic information portals, or other communication means to collect information and data from the owners of the works specified in Clause 1, Article 3 of this Decree and the owners of other dedicated meteorological and hydrological works.

Section 2. TECHNICAL BUFFER ZONE OF METEOROLOGICAL AND HYDROLOGICAL WORKS

Article 6. Types of Meteorological and Hydrological Works

1. Surface Observation Garden.

2. Automatic Weather Observation Tower (Pole).

3. Upper Air Observation Garden.

4. Radar Weather Installation Tower.

5. Satellite Data Transmission and Reception Equipment Installation Tower.

6. River Flow Measurement Work.

7. River, Lake, and Sea Water Level Measurement Work.

8. Rainfall Measurement Work.

9. Meteorological and Hydrological Information Transmission Work.

10. Special-Purpose Meteorological and Hydrological Works.

Article 7. Technical Buffer Zone of Meteorological and Hydrological Works

1. The technical buffer zone of meteorological and hydrological works belonging to the national meteorological and hydrological station network shall be defined at a minimum level, and may be expanded under permissible conditions to enhance the representativeness of the observation area.

2. The technical buffer zone of meteorological and hydrological works belonging to the national meteorological and hydrological station network shall be defined for each type of work as follows:

a) Surface Observation Garden: A distance of 100 meters from the garden fence in all directions;

b) Upper Air Observation Garden: A distance of 50 meters from the garden fence in all directions;

c) Automatic Weather Observation Tower (Pole): A radius of 10 meters from the base of the tower (pole);

d) Radar Weather Installation Tower: A distance equal to twenty times the height of the tower from the base of the tower in all directions;

đ) Satellite Data Transmission and Reception Equipment Installation Tower: A distance equal to the height of the tower in all directions;

e) River Flow Measurement Work:

A river section with a length of 500 meters upstream and downstream of the flow measurement line.

A distance of 10 meters on both sides of the cable car, suspension bridge, basket, and circulating cable.

g) River, Lake, and Sea Water Level Measurement Work:

A river section with a length of 30 meters upstream and downstream of the water level measurement line.

A distance of 30 meters from the work to the water area in front of the work for lake and sea water level measurements.

A distance of 10 meters on both sides of the gauge line, stake, and water mark.

h) Rainfall Measurement Work: A distance of 10 meters from the base of the work in all directions. In cases where rainfall measuring equipment is installed on existing structures, it must ensure clear air circulation and the accuracy of the measurement.

i) Meteorological and Hydrological Information Transmission Work: A distance equal to the height of the work from the base of the work in all directions.

3. For meteorological and hydrological works in urban areas, the levels of technical buffer zones defined in Clause 2 of this Article may be reduced appropriately according to actual conditions but shall not be lower than half (1/2).

4. Meteorological and hydrological works with a height greater than fifty meters, and those located in military areas, must obtain permission from the competent state agency.

5. Based on the provisions regarding the technical buffer zones of meteorological and hydrological works belonging to the national meteorological and hydrological station network as stipulated in Clauses 1, 2, 3, and 4 of this Article, agencies, organizations, and individuals managing dedicated meteorological and hydrological works shall define the technical buffer zones of such works.

Article 8. Protection of Technical Corridors of Meteorological and Hydrological Works

1. Protection of technical corridors of meteorological and hydrological works belonging to the national meteorological and hydrological station network

a) Establishing, approving plans for boundary marker placement, and publicly disclosing boundary markers for the technical buffer zone of meteorological and hydrological works

The construction, approval of boundary marking plans, and publicizing of technical corridor boundary markers for meteorological and hydrological works shall be carried out in accordance with Article 56 of Decree No. 43/2014/NĐ-CP dated May 15, 2014, of the Government detailing implementation of certain provisions of the Land Law;

b) Within the technical corridor of meteorological and hydrological works, the acts prescribed in Clause 3, Article 15 of the Meteorological and Hydrological Law shall not be carried out; specifically, the meteorological surface observation garden and the weather radar tower installation area shall be detailed as follows:

Within the range from 50 meters to 100 meters from the fence of the meteorological surface observation garden towards all sides, trees may be planted or buildings constructed, but the height must ensure that the angle between the line connecting the center of the garden to the highest point of the tree or building and the surface of the garden does not exceed 10° (ten degrees).

Within the technical corridor of the weather radar tower installation area, trees may be planted or buildings constructed with a height not exceeding the height of the tower.

2. Protection of technical corridors of specialized meteorological and hydrological works

Organizations, individuals having specialized meteorological and hydrological stations shall determine the boundaries and protect the technical corridors of meteorological and hydrological works under their management based on the provisions of Clause 1 of this Article and relevant laws.

Section 3. FORECASTING AND WARNING OF METEOROLOGICAL AND HYDROLOGICAL PHENOMENA BY ORGANIZATIONS AND INDIVIDUALS NOT BELONGING TO THE NATIONAL METEOROLOGICAL AND HYDROLOGICAL FORECASTING AND WARNING SYSTEM

Article 9. Conditions for organizations' activities in forecasting and warning meteorological and hydrological phenomena

1. Having legal personality as prescribed by civil law.

2. Possessing minimum material and technical facilities meeting the requirements for meteorological and hydrological forecasting and warning including: equipment, computing systems, data reception, processing, and information handling; having a stable data source; having technical procedures, forecasting tools ensuring the scientific, independence, and objectivity of forecast products; having management and quality evaluation procedures for forecasting and warning.

3. [2] Having a minimum workforce of one person who has graduated from university or higher in meteorology and hydrology and has at least three years of experience in meteorological and hydrological forecasting and warning activities.

Article 10. Conditions for individuals' activities in forecasting and warning meteorological and hydrological phenomena

1. Possessing material and technical facilities meeting the requirements stipulated in Clause 2 of Article 9 of this Decree.

2. Graduated from university or higher in meteorology and hydrology and having at least three years of experience in meteorological and hydrological forecasting and warning activities.

Article 11. Conditions for foreign organizations and individuals' activities in forecasting and warning meteorological and hydrological phenomena in Vietnam

1. Meeting the conditions prescribed in Articles 9 and 10 of this Decree.

2. Being permitted to operate and reside legally in Vietnam.

3. Having personnel fluent in Vietnamese or appropriate interpreters.

Article 12. Principles for Issuing Permits for Forecasting and Warning Meteorological and Hydrological Phenomena Activities

1. The issuance of permits for meteorological and hydrological forecasting and warning activities must comply with the authority prescribed in Clause 5, Article 25 of the Meteorological and Hydrological Law.

For activities ensuring aviation operations, the Minister of Transport shall issue permits in accordance with civil aviation laws. Annually before December 31, the Ministry of Transport shall compile the situation of permit issuance and the operation of organizations and individuals granted permits for meteorological and hydrological forecasting and warning activities ensuring aviation operations, and submit it to the Ministry of Natural Resources and Environment.

2. Adhering strictly to the procedures and formalities prescribed in this Decree.

3. Meteorological and hydrological forecasting and warning activities serving national defense, security, scientific research, education, and teaching without publication on mass media or use in meteorological and hydrological service activities do not require a permit.

Article 13. Contents of the permit for weather forecasting and warning activities

The permit for meteorological and hydrological forecasting and warning activities according to Model No. 1 attached as an appendix to this Decree includes the following contents:

1. Name and address of the organization or individual receiving the permit.

2. Scope of forecasting and warning activities.

3. Recipients of forecast and warning information.

4. Duration of the permit.

Article 14. Term of Forecasting and Warning Meteorological and Hydrological Activities Permit

1. The permit for forecasting and warning meteorological and hydrological activities shall be issued with a maximum term of five years.

2. The permit for forecasting and warning meteorological and hydrological activities may be extended when organizations and individuals meet the conditions stipulated in this Decree and have not violated the law during the period of operation under the issued permit, each extension not exceeding five years.

Article 15. Documents for Issuance, Extension, Amendment, and Supplement of Forecasting and Warning Meteorological and Hydrological Activities Permit

1. Documents for issuing the permit for forecasting and warning meteorological and hydrological activities for organizations:

a) Application form for issuing the permit for forecasting and warning meteorological and hydrological activities according to Model No. 2 attached as an appendix to this Decree;

b) Certified copy or copy with original for verification of the decision on establishment of the organization or business operation certificate of the organization;

c) Certified copy or copy with original for verification of diplomas, certificates, and labor contracts of staff;

d) Statement on material and technical facilities; data sources; technical procedures for forecasting and warning meteorological and hydrological activities; management and quality assessment procedures for forecasting and warning;

đ) Statement on work experience of staff participating in forecasting and warning, confirmed by the personnel management agency where they have worked before;

2. Documents for issuing a permit for weather forecasting and warning activities for individuals:

a) Application form for issuing the permit for forecasting and warning meteorological and hydrological activities according to Model No. 2 attached as an appendix to this Decree;

b) Certified copy or copy with original for verification of diplomas, certificates of specialized training relevant to the requested activity permit;

c) Statement on material and technical facilities; data sources; technical procedures for forecasting and warning meteorological and hydrological activities; management and quality assessment procedures for forecasting and warning;

d) Statement on work experience, confirmed by the personnel management agency where they have worked before.

3. Documents for amendment, supplement, and extension of the permit for organizations and individuals:

a) Application form for amending, supplementing, or extending the permit according to Model No. 2 attached as an appendix to this Decree;

b) Report on the results of forecasting and warning meteorological and hydrological activities from the date of issuance of the permit or amendment and supplementation of the permit according to Model No. 3 attached as an appendix to this Decree;

c) Certified copy of the permit for forecasting and warning meteorological and hydrological activities already issued.

Article 16. Procedures for issuing, extending, amending, and supplementing permits for operating forecasting and warning services of meteorology and hydrology.

1. Receiving authority

1. The National Centre for Hydro-meteorology and Climate Change is the agency receiving applications for issuance, extension, amendment, and supplementation of permits for forecasting and warning meteorological and hydrological activities within the jurisdiction of the Minister of Natural Resources and Environment;

b) Provincial Department of Natural Resources and Environment is the agency receiving applications for issuance, extension, amendment, and supplementation of permits for forecasting and warning meteorological and hydrological activities within the jurisdiction of the Chairman of the People's Committee of provinces and centrally-administered cities.

2. Procedures for issuance, extension, amendment, and supplementation of permits issued by the Minister of Natural Resources and Environment:

Organizations and individuals submit directly or send by post one set of application documents for issuance, extension, amendment, and supplementation of permits as prescribed in Article 15 of this Decree to the National Centre for Hydro-meteorology and Climate Change, Ministry of Natural Resources and Environment, and receive the permit after the corresponding time limit as stipulated in Article 17 of this Decree.

3. Procedures for issuance, extension, amendment, and supplementation of permits issued by the Chairman of the People's Committee of provinces and centrally-administered cities:

Organizations and individuals submit directly or send by post two sets of application documents for issuance, extension, amendment, and supplementation of permits as prescribed in Article 15 of this Decree to the Provincial Department of Natural Resources and Environment, and receive the permit after the corresponding time limit as stipulated in Article 17 of this Decree.

4. Organizations and individuals wishing to extend the permit for forecasting and warning meteorological and hydrological activities must submit the application documents for permit extension to the designated receiving agency as stipulated in Clause 1 of this Article at least thirty days before the permit expires.

Article 17. Procedures, time limits for issuing, extending, amending, and supplementing permits for weather forecasting and warning activities

1. Within two working days from the date of receipt of the application file, the receiving agency shall be responsible for examining, inspecting, and confirming the validity of the received file; in cases where the file is not valid, the receiving agency shall notify the organization or individual applying for the permit to complete the file according to regulations.

2. From the date of receiving a complete and valid file as prescribed, the receiving agency shall be responsible for examining, organizing an assessment, verification, survey, evaluation, conclusion, and submitting to the Minister of Natural Resources and Environment or the Chairman of the People's Committee of centrally governed cities and provinces for issuing, extending, amending, and supplementing the permit for weather forecasting and warning activities for organizations and individuals meeting the conditions within a maximum period of fifteen working days.

In cases where the conditions for issuing, amending, supplementing, or extending the permit are not met, the receiving agency shall respond in writing to the organization or individual with the reasons.

Article 18. Reissuing permits for weather forecasting and warning activities

1. Permits for weather forecasting and warning activities shall be reissued in cases where they are lost, torn, damaged and unusable, or where the name of the permit holder has changed due to transfer, merger, division, restructuring of the organization without changing other contents of the permit.

2. Organizations and individuals requesting to reissue the permit for weather forecasting and warning activities shall directly submit the application form according to Form No. 2 attached to this Decree at the receiving agency following the procedures similar to those for the first issuance of the permit.

3. The Ministry of Natural Resources and Environment, provincial People's Committees shall be responsible for examining, assessing, verifying, and reissuing the permit for weather forecasting and warning activities for organizations and individuals meeting the conditions within five working days; in cases where the conditions for reissuing the permit are not met, they shall respond in writing to the organization or individual with the reasons.

Article 19. Revocation and return of permits for weather forecasting and warning activities

1. In cases where the permit for weather forecasting and warning activities is revoked:

a) The content of the application for the permit is false;

b) The organization holding the permit is dissolved or declared bankrupt by the court;

c) The individual holding the permit dies, goes missing, or loses civil capacity;

d) The permit is issued but no weather forecasting and warning activities are organized for a continuous period of twelve months;

đ) The permit holder continues to operate despite a decision to suspend the effectiveness of the permit;

e) The permit is issued beyond authority;

g)擅自转让许可证;

h) The permit holder abuses the permit to commit acts in violation of the law.

2. Return the permit for weather forecasting and warning activities in cases where the permit holder does not organize weather forecasting and warning activities and submits a written notice explaining the reason for returning the permit.

Article 20. Suspension of the Effectiveness of Permits for Weather Forecasting and Warning Activities

The permit shall be suspended in the following cases:

1. Violation of the contents stipulated in the permit.

2. Weather forecasting and warning bulletins are frequently unreliable.

3. Failure to fulfill obligations as prescribed in Clause 2 of Article 40 of the Law on Meteorology and Hydrology.

Article 21. Termination of Effectiveness of the Permit for Meteorological and Hydrological Forecasting and Warning Activities

Clause 1. The permit shall be terminated in the following cases:

a) The permit is revoked;

b) The permit has expired;

c) The permit has been returned.

Clause 2. When the permit is terminated, all rights and obligations related to the permit also cease.

Section 4. EXPLOITATION AND USE OF METEOROLOGICAL AND HYDROLOGICAL INFORMATION AND DATA

Article 22. Principles for Exploitation and Use of Meteorological and Hydrological Information and Data

Clause 1. Meteorological and hydrological information and data must have clear sources, provided and confirmed by agencies, organizations, or individuals with authority, who are responsible for the origin of the information and data.

Clause 2. Meteorological and hydrological information and data used to serve the design of projects, programs, plans, and economic and social development projects must be updated to the most recent year.

Clause 3. Meteorological and hydrological information and data must be used for their intended purposes.

Clause 4. Meteorological and hydrological information and data that are exploited and used without payment may not be used for profit-making purposes.

Article 23. Cases of Exploitation and Use of Meteorological and Hydrological Information and Data Without Payment

Clause 1. Exploitation and use of meteorological and hydrological information and data as stipulated at point a, point b, and point c of Clause 5, Article 32 of the Law on Meteorology and Hydrology.

Clause 2. Exploitation and use of meteorological and hydrological information and data for other purposes upon request of state agencies with authority as stipulated at point d of Clause 5, Article 32 of the Law on Meteorology and Hydrology shall be carried out as follows:

Point a. To serve the activities of the Party, National Assembly, Government, and central-level political and social organizations;

Point b. To serve investigative and judicial activities according to the requirements of investigation and adjudication agencies;

Point c. To serve the construction of strategies, plans, and economic and social development programs of ministries, sectors, and localities according to the requirements of ministers, heads of ministerial-level agencies, and provincial People's Committee chairmen.

Article 24. Competence to provide and confirm the origin of meteorological and hydrological information and data

Agencies, organizations, and individuals with authority to provide meteorological and hydrological information and data and confirm the origin of such information and data include:

1. Agencies managing meteorological and hydrological data bases.

2. Public service organizations under the Ministry of Natural Resources and Environment specializing in meteorology and hydrology.

3. Agencies, organizations, and individuals being the managers of dedicated meteorological and hydrological stations.

Article 25. Exploitation and Use of Meteorological and Hydrological Information and Data Without Payment

The exploitation and use of meteorological and hydrological information and data without payment shall be conducted through public information systems, including:

Point 1. Telephones, fax machines.

Point 2. Central and local radio and television systems.

Point 3. Internet.

Point 4. Vietnam Coastal Information System.

Point 5. Postal services on the public postal network and the postal network serving the Party, State agencies, national defense, and security.

Article 26. Exploitation and Use of Meteorological and Hydrological Information and Data With Payment

Clause 1. The exploitation and use of information and data requiring payment between agencies, organizations specified in Clause 1 and Clause 2 of Article 24 of this Decree and the exploiting and using parties shall be carried out in accordance with the Law on Meteorology and Hydrology and laws on fees and charges.

Clause 2. The forms of exploitation and use of information and data are as follows:

Point a. Agencies, organizations, or individuals requiring exploitation and use of information and data submit a request form or send a request letter to the agency or organization managing the data as specified in Clause 1 and Clause 2 of Article 24 of this Decree;

Point b. Upon receiving a valid request form or letter from the agency, organization, or individual, the agency or organization managing the information and data shall provide the meteorological and hydrological information and data and collect fees as prescribed by law;

Point c. The time limit for providing information and data is agreed upon by both parties. In case of refusal to provide information and data, a written response stating the reasons must be issued.

Article 27. Exploitation and use of meteorological and hydrological information and data pursuant to agreement

The exploitation and use of information and data between entities, organizations, individuals with demand and entities, organizations, individuals managing information and data not covered under Article 26 of this Decree shall be carried out on the basis of an agreement between the provider and the exploiter/user in accordance with civil law regulations.

Article 28. Fees and management, use of fees for exploitation and use of meteorological and hydrological information and data

1\. The Ministry of Finance shall stipulate the fee levels for the exploitation and use of meteorological and hydrological information and data.

2\. The management and use of fees for the exploitation and use of meteorological and hydrological information and data shall be implemented in accordance with laws on fees and charges.

Article 29. Responsibility for appraisal, verification, and evaluation of the origin of meteorological and hydrological information and data

1\. Entities, organizations, individuals, program, plan, project developers for economic and social development using meteorological and hydrological information and data shall bear responsibility for the origin of such information and data.

2\. State agencies with authority during the process of appraising, verifying, and evaluating programs, plans, projects for economic and social development using meteorological and hydrological information and data shall have the responsibility to appraise and verify the origin and use of information and data according to the principles set forth in Article 22 of this Decree.

Article 30. Exploitation and use of information and data from the national meteorological and hydrological database

1\. The exploitation and use of information and data from the national meteorological and hydrological database shall be carried out in accordance with Clause 1 of Article 26, Article 27, Article 28, and Article 29 of this Decree.

2\. Procedures and formalities for the exploitation and use of information and data from the national meteorological and hydrological database

a\. Entities, organizations, individuals with a need to exploit and use meteorological and hydrological information and data submit application forms or documents according to Model No. 4 attached as an appendix to this Decree to the agency managing the national meteorological and hydrological database.

The submission of application forms or documents requesting data shall be conducted through direct submission at the agency managing the national meteorological and hydrological database or via official correspondence, fax, or postal service.

Requests sent via official correspondence, fax, or postal service shall be made when the entity requesting the exploitation and use of meteorological and hydrological information and data is a state agency.

b\. Within one working day, the agency managing the national meteorological and hydrological database shall accept and check the application form or document, and notify the fee amount for cases requiring payment.

In case of refusal to provide, a written response stating the reasons must be issued.

c\. After the entity, organization, individual completes the payment, within one working day, the agency managing the national meteorological and hydrological database shall have the responsibility to provide complete and accurate information and data as requested.

3\. The exploitation and use of data through contracts shall be carried out in accordance with civil law regulations between the agency managing the national meteorological and hydrological database and the entity, organization, individual with a need to exploit and use information and data.

Mục 5. EXCHANGE OF METEOROLOGICAL AND HYDROLOGICAL INFORMATION AND DATA, CLIMATE CHANGE MONITORING WITH INTERNATIONAL ORGANIZATIONS, ORGANIZATIONS, AND FOREIGN INDIVIDUALS NOT BELONGING TO INTERNATIONAL TREATIES TO WHICH THE SOCIALIST REPUBLIC OF VIETNAM IS A MEMBER

Article 31. Principles for Exchange of Meteorological and Hydrological Information and Data, Climate Change Monitoring with International Organizations, Organizations, and Foreign Individuals

1. The exchange of meteorological and hydrological information and data, climate change monitoring must not contravene legal provisions.

2. Meteorological and hydrological information and data, climate change monitoring exchanged with international organizations, organizations, and foreign individuals must be of the type specified in Article 32 of this Decree.

3. Parties participating in the exchange of meteorological and hydrological information and data, climate change monitoring must have clear names and addresses, and possess the necessary legal capacity for organizations and personal identification documents for individuals in accordance with civil law regulations.

4. Forms, procedures, processes, and reporting systems for the exchange of meteorological and hydrological information and data, climate change monitoring with international organizations, organizations, and foreign individuals shall be implemented in accordance with the provisions of this Decree.

Article 32. Types of Meteorological and Hydrological Information and Data, Climate Change Monitoring to be Exchanged with International Organizations, Organizations, and Foreign Individuals

1. Information and data from the national meteorological and hydrological station network and specialized meteorological and hydrological station networks.

2. Weather and hydrological forecast, warning, and situation reports.

3. Information and data on meteorological and hydrological disasters and their impacts that have been announced by the Central Steering Committee for Natural Disaster Prevention and Control.

4. Information on Vietnam's climate; results of national climate assessments in Vietnam.

5. Scenarios of climate change in Vietnam.

6. Information and data on greenhouse gas emissions and related economic and social activities that have been published.

7. Information and data on ozone monitoring, ozone layer protection, and management of substances depleting the ozone layer.

8. Scientific research results on meteorology and hydrology, climate change.

9. Other information and data related to meteorology and hydrology as decided by the Minister of Natural Resources and Environment.

Article 33. Forms of Exchange of Meteorological and Hydrological Information and Data, Climate Change Monitoring with International Organizations, Organizations, and Foreign Individuals

1. Documents, symbols.

2. Email or other electronic communication means.

3. Copies on storage media.

Article 34. Procedures and Formalities for Applying for Permission to Exchange Meteorological and Hydrological Information and Data, Climate Change Monitoring with International Organizations, Organizations, and Foreign Individuals

Agencies, organizations, and individuals wishing to exchange meteorological and hydrological information and data, climate change monitoring with international organizations, organizations, and foreign individuals must submit directly or send via postal service one set of application documents to the Ministry of Natural Resources and Environment for permission according to the following procedures:

1. The application document includes the following information:

a) Name, address, along with certified copies or copies accompanied by original documents for verification of legal capacity for agencies, organizations, and personal identification for individuals wishing to exchange meteorological and hydrological information and data, climate change monitoring with international organizations, organizations, and foreign individuals in accordance with civil law regulations.

b) Purpose of exchanging information and data with international organizations, organizations, and foreign individuals;

c) Specific type and quantity of information and data exchanged with international organizations, organizations, and foreign individuals;

d) Name and address of international organizations, organizations, and foreign individuals receiving the exchange of information and data;

đ) Time period for exchanging information and data;

e) Form of exchanging information and data;

g) Duration of exchanging information and data.

2. Within fifteen working days, the Ministry of Natural Resources and Environment will examine the application of agencies, organizations, and individuals and provide written consent.

In case of disagreement, the Ministry of Natural Resources and Environment shall issue a written response stating the reasons.

3. Within ten days from the end of the exchange activity of meteorological and hydrological information and data, climate change monitoring with international organizations, organizations, and foreign individuals, agencies, organizations, and individuals responsible must submit a report on the exchange activity corresponding to the contents stipulated in Clause 1 of this Article to the Ministry of Natural Resources and Environment.

Chapter III

IMPLEMENTATION

[3]

Article 35. Transitional Provisions

The protection of technical buffer zones of meteorological and hydrological works established before July 1, 2016 shall be carried out as follows:

1. The management authority of meteorological and hydrological works must establish boundary files and publicly announce technical buffer zones in accordance with this Decree.

2. Meteorological and hydrological works that do not comply with technical buffer zone requirements under this Decree must be gradually addressed and rectified based on ensuring meteorological and hydrological observation technical requirements while being suitable to actual conditions.

3. In cases where violations related to important meteorological and hydrological works within the national meteorological and hydrological station network encounter significant difficulties and complexities, the Minister of Natural Resources and Environment shall take the lead and coordinate with the Chairman of the People's Committee of the province or centrally-administered city where the violated meteorological and hydrological work is located to handle and resolve the issue in accordance with the law.

Article 36. Implementation Provisions

This Decree takes effect from July 1, 2016.

Article 37. Responsibility for Implementation

1. Within six months from the date this Decree takes effect, ministries, ministerial-level agencies, and provincial People's Committees shall establish a list of meteorological and hydrological monitoring works and their owners as prescribed in Article 3 of this Decree within their jurisdiction and update and supplement such lists annually, sending them to the Ministry of Natural Resources and Environment.

2. Within two years from the date this Decree takes effect, the owners of works as prescribed in Article 3 of this Decree must organize monitoring and provide meteorological and hydrological information and data as stipulated.

3. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of all levels of People's Committees, and related agencies, organizations, and individuals are responsible for implementing this Decree.

Place of Receipt: - Office of the Government (for publication in the Official Gazette); - Ministries, agencies equivalent to ministries, and government agencies; - People's Committees of provinces and centrally governed cities; - Provincial Departments of Natural Resources and Environment under the Central Government; - Department of Legal Drafting, Ministry of Justice; - Government Portal (for publication); - Units subordinate to the Ministry of Natural Resources and Environment; - Electronic Information Portal of the Ministry of Natural Resources and Environment; - To be filed: VT, PC.

CERTIFIED CONSOLIDATED DOCUMENT THE MINISTER TRAN HONG HA

ANNEX

(Attached to Decree No. 38/2016/ND-CP dated May 15, 2016 of the Government)

Form No. 01	Permit for Meteorological and Hydrological Forecasting and Warning Activities
Form No. 02	Application for Issuance of Permit for Meteorological and Hydrological Forecasting and Warning Activities
Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives	Report on Results of Meteorological and Hydrological Forecasting and Warning Activities
Form number 04	Sample Form/Document Requesting Provision of Meteorological and Hydrological Information and Data

Form No. 01

PERMIT FOR METEOROLOGICAL AND HYDROLOGICAL FORECASTING AND WARNING ACTIVITIES

SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness -------------- LICENSE FORECASTING AND WARNING ACTIVITY, WARNING ON METEOROLOGICAL AND HYDROLOGICAL PHENOMENA Number … YEAR …		Not to be lent, rented, or transferred; To operate only according to the contents specified in the issued permit.
(page 1)		(page 2)
CONTENTS OF THE PERMIT 1. Name and address of organization/person as per business registration certificate/license holder: … 2. Scope of forecasting and warning activities: …. 3. Recipients of forecast and warning information: … 4. Duration of the permit: …		On the classification results for exported and imported goods THE MINISTER MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
(page 3)		(page 4)

The permit is printed on watermarked paper, with the National Emblem in the center, size A4 folded

Form No. 02

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
-------------

…, day … month … year …

APPLICATION FOR ISSUANCE OF PERMIT FOR METEOROLOGICAL AND HYDROLOGICAL FORECASTING AND WARNING ACTIVITIES

(Application: first issuance/reissue/Pursuant to Government Decree No. 83/2017/MANAGEMENT AND USE OF DEPOSITS AT THE ENVIRONMENT PROTECTION FUND/renewal)

Respectfully submitted to: Ministry of Natural Resources and Environment/Provincial People's Committee…

1. Name of organization/person:

2. Legal representative (not applicable for individual applicants):

3. Decision on establishment/business operation certificate:

4. Main address at:

5. Telephone number: Fax: Email:

Pursuant to Decree No. /2016/ND-CP dated month year 2016 of the Government detailing certain provisions of the Law on Meteorology and Hydrology, we request the Ministry of Natural Resources and Environment to issue a permit for meteorological and hydrological forecasting and warning activities with the following contents:

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

(Specify clearly the type of forecasting and warning activities for which the organization/person is applying for a permit)

6. Supporting documents attached.

I hereby take full responsibility before the law for all contents declared.

Head of organization/individual requesting permission (Signature/stamp)

Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives

Name of organization/person granted permit for meteorological and hydrological forecasting and warning activities -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No.: /BC	…, day … month … year ….

REPORT

REPORT ON RESULTS OF METEOROLOGICAL AND HYDROLOGICAL FORECASTING AND WARNING ACTIVITIES

Year …/from year …to year…

1. Name of organization/person:

2. Permit for meteorological and hydrological forecasting and warning activities No.:

3. Conducted forecasting and warning activities:

No.	Names of activities	Project sponsors	Value implemented	Implementation period	Remarks

I hereby take full responsibility for all contents of this report./.

Head of organization/individual requesting permission (Signature/stamp)

Form number 04

SAMPLE FORM/DOCUMENT REQUESTING PROVISION OF METEOROLOGICAL AND HYDROLOGICAL INFORMATION AND DATA

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
------------------

…, day … month … year …

Respectfully submitted to: ...

1. Name of agency, organization, or individual requesting provision of information and data: …

ID number, date of issue, issuing authority (for individuals): …

2. Address:…

3. Telephone number, fax, email: …

4. List and content of required information and data: …

……………………………………………………………………………………………

5. Purpose of using information and data: …

……………………………………………………………………………………………

6. Method of accessing, using, and receiving results (viewing and reading on-site; photocopying; receiving directly at the national meteorological and hydrological database management agency or sent via postal service...): …

……………………………………………………………………………………………

7. Commitment to use information and data: …

……………………………………………………………………………………………

……………………………………………………………………………………………

PERSON REQUESTING PROVISION OF INFORMATION AND DATA*

____________________

* If the requester is an agency or organization, the head of the agency must sign, write full name, and affix seal; if an individual, must sign and write full name.